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BCRUA_R-10-01-20-7D RESOLUTION NO. R-10- 0 J- 2a--7 b WHEREAS, the Brushy Creek Regional Utility Authority ( "BCRUA" ) desires to enter into an agreement with Kleinfelder Central, Inc . for construction materials testing 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 Services for the BCRUA 78" Treated Water Transmission Line, Segment 1 Project with Kleinfelder Central, 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 FLreek)Regional LEPresident Brushy Utility Authority C:\Documents and Settings\schambless\Local Settings\Temporary Internet Files\OLK2DB\Res BCRUA - Material Testing Agmt w-Kleintelder Central (00180642).DOC/mc ATTEST: n Vard Secretary Agreement for Consulting Services for Construction Materials Testing Services for the BCRUA 78" Treated Water Transmission Line, Segment 1 Project with Kleinfelder Central, Inc. AGREEMENT made as of the day of the month of in the year Two Thousand Ten(2010). (In words,indicate day,month andlrar.) BETWEEN the Brushy Creek Regional Utility Authority, identified herein as the`BCRUA": (A'ame,address and other information) BCRUA 221 East Main Street Round Rock,Texas 78664 and Consultant, identified herein as"Consultant"or"Kleinfelder": (Name,address and other D►formalion) Kleinfelder Central,Inc. 1826 Kramer Lane,Suite M Austin,Texas 78758 For the following Project: (Inch+de detailed description of Project.) Consulting services including providing construction materials testing 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: soils testing including compaction testing of fill materials, subgrade and base (laboratory testing and field testing), concrete testing (laboratory testing and field testing), hot mix asphaltic testing(laboratory testing and field testing), structural steel testing and services, and grout testing (laboratory testing and field testing), All such services shall be on site of said Project located in Williamson County,Texas. BCRUA and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following!tents by inserting the requested itifornmtlon or a statement such as "not applicable," "unknown at time of execution"or"to be determined later by mutual agreement.') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identh,or describe,if appropriate,proposed use or goals.) Objectives include, but are not limited to, obtaining consulting services from Kleinfelder including providing construction materials testing services on site of the 78" Treated Water Transmission Line, Segment 1 Project for BCRUA. 1.1.2.2 The physical parameters are: (Ideni fy or describe,if appropriate,size,location,dimensions,or other pertinent i formation,such as geotechnical reports about the site.) 1.1.2.3 BCRUA's Program is: (Identify documentation or slate the manner in which the programa will be developed.) 1.1.2.4 The legal parameters are: (!dent fypertinent legal hfornation,inchuding,f opproprtale,laud sun-els and legal descriptions and restrictions of the site) gg am 00180611/jkg "WXH I I 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for Kleinfelder's consulting services shall be a not-to-exceed amount of $90,000.00,comprised of the following services: See Exhibit"A"attached hereto and incorporated herein for all appropriate purposes,the said Exhibit"A"containing"Proposed Budget/Estimate"attachment. The fee shall be full compensation for all services performed and to be performed by Consultant under this Agreement, and such not-to-exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for lierein. BCRUA shall pay Consultant on a"time and materials"basis,Kleinfelder agrees to accept payment from BCRUA on such basis, and the parties expressly agree that only work actually performed by Kleinfelder will be paid for by BCRUA. • BCRUA may require the services of Kleinfelder on an on-call basis as scheduled by BCRUA's representatives. Kleinfelder requests twenty-four(24)hour notifications to properly schedule work. • For all projects in excess of fifty(50)miles from the local Kleinfelder office,Kleinfelder may charge a per diem rate of$121.00 per day per person,or expenses plus fifteen percent(15%), whichever is greater. A vehicle travel charge may be assessed at $0.63 per mile plus personnel time. Pre-approved travel expenses, such as airfare, may be charged at cost plus fifteen percent(15%). • Any services provided by Kleinfelder 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 ($90,000.00) 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 5:00 pm, including travel time to and fi-om the site unless stated otherwise, Monday through Friday. A minini un 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 howl. • 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: (Idents,if appropriate,milestone dales,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: (Identhy 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: (Iden1t6,speclal characteristics or needs of the Project such as energy,environmental or historic presenal ion reyairenrents.) 1.1.3 PROJECT TEAM 1.1.3.1 BCRUA's Designated Representative is: (List name,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 mmne,address and other information,) Unknown at this time. 1.1.33 BCRUA's other consultants and contractors are: (List discipline and,f known,idemf,them by name and address.) Unknown at this time. 1.1.3.4 Consultant's Designated Representatives are: (List name,address and other information) Robert S. Wright,P.E. Kleinfelder, Senior Engineer 1826 Kramer Lane,Suite M Austin,Texas 78758 1.1.3.5 The consultants retained at Consultant's expense are: (List discipline and,if known,iden/h&thein 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 fiilfill 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 o►i 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 1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies. 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in exhibits, in supplemental documents,and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for BCRUA's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted, if necessary and approved BCRUA, as the Project proceeds.This schedule shall include allowances for periods of time required for BCRUA's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by BCRUA shall not, except for reasonable cause, be exceeded by Consultant or BCRUA. 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 fi-om establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with BCRUA's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by BCRUA. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the estimated cost to BCRUA of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this Agreement, completed or partially completed, shall be the property of BCRUA to be used as BCRUA desires, without restriction on future use;by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to BCRUA all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to BCRUA permission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that BCRUA shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is adjudged in default of this Agreement, BCRUA is permitted to authorize other similarly credentialed 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 1N 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 Hurst 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(60) days fi-om 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 lie in Williamson County, Texas. 1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 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 the►nselves, 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 sl►all 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 liere►mder. 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 sliall 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 fi►ture 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 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between BCRUA and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both BCRUA and Consultant. 1.4.1.1 Other documents as follows: (List other documents,if any,forming part of the Agreement.) Exhibit"A" entitled"Proposed Budget/Estimate." 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 intilliples of Direct Personnel Expense for Principals and employees, and Identify Principals and classify employees, if required,ldenit&specific services to which parlicidar nrelhads of compensation appl)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 tine at the principal place of business of Consultant. (Inserl rate of interest agreed apou.) (Usury laws and requirements under The federal Truth to Lending Act, similar stale and local consumer credit laws and ollrer regulations at fire Owner's and Architect's principal places of business,The location of the Project andelsewhere may gffecl the validity of this provision.Specific legal advice should be oblained with respect to deletions or inodificalions,and also regardiing requirements such as urillen disclostires 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 7 without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity. ARTICLE 1.7 INSURANCE 1.7.1 Insurance. Consultant, at its sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A. Comprehensive General Liability Insurance with minimums Bodily Injury limits of$300,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage; B. Property Damage Insurance with minimum limits of$50,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual Iiability 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 hoes of receipt, of any notices of expiration, cancellation,non-renewal,or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against BCRUA for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) The term `BCRUA" shall include all authorities, boards, commissions, departments, and officers of BCRUA and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of BCRUA. (4) The policy clause"Other Insurance"shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage,or to BCRUA's Self-Insured Retentions of whatever nature. 1.7.3 Cost of Insurance. The cost of insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant,with certificates of insurance evidencing such coverage in force to be filed with BCRUA. IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be signed in its corporate name by its officer duly authorized to execute the same in its behalf,and by the duly authorized 8 representative of Kleinfelder Central, Inc., with both parties binding themselves, their successors and assigns and legal representatives for the faithful and Ail]performance of the terms and provisions of this Agreement. OWNER: CONSULTANT: BRUSHY CREEK REGIONAL UTILITY AUTHORITY KLEINFELDER CENTRAL,INC. a Texas corporation By: 13y: Printed Name: Mitch Fuller Printed Name: "Title: President Title: Date Signed: Date Signed: ATTEST: John Cowman,Secretary FOR BCRUA,APPROVED AS TO FORM: Stephan L.Sheets,Attorney 9 E" HIBIT "All KL EI/VP"'EL DER Bright People.Right Solutions. November 24, 2009 Mr. Michael Thuss, P.E. Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock, Texas 78664 Subject: Proposal to Provide Construction Materials Testing Services Brushy Creek Regional 78" Treated Water Transmisslon Line Segment One,Williamson County, Texas Dear Mr. Thuss: Kleinfelder is pleased to submit this proposal for construction materials testing services for the Brushy Creek Regional Utility Authority (BCRUA). This proposal is submitted in response to your email memorandum to Emmett Irby of our office dated 11-02-09 and our subsequent meeting on 11105109. We understand that Kleinfelder was selected to provide material testing and geotechnical professional services for the BCRUA's treated water transmission project. This initial proposal is to provide construction materials testing services for the Brushy Creek Regional 78" Treated Water Transmission Line, Segment One project in Williamson County, Texas. The purpose of this proposal is to establish our scope of work for the project, associated unit fees for our services and the terms and conditions of this agreement. We have prepared this proposal based on a brief review of the following: Project drawings dated February 26, 2009. o Project Specifications dated September 18, 2009. I Per your RFP, we have arranged our proposal to include the following exhibits: 1 Exhibit A: BCRUA (the Authority)'s responsibilities (Services to be Performed by the Authority 1 ® Exhibit B: Consultant's Scope of Services 6 Exhibit C: Work Schedule and Communications AUS9P269 November 24,2009 Copyrlght 2009 Kleinfelder Verslon t KLEIHFELDER 1826 Kramer Lane, Suite M,Auslht,TX 78758 p 1512.926.6650 f 1512,833.5058 Proposal for Coristructlon Materials Services KceiN��cDE� {SAI Halt IyM Sa1!'cn Brushy Creek Regional 78"Treated Water Transmission Une ® Exhibit D: Fee Schedules and Budget Estimate 6 Exhibit E: Insurance Certificates EXHIBIT A: BCRUA—SERVICES TO BE PERFORMED BY THE AUTHORITY A. Provide specific points of contact and means for the Consultant to communicate with the Authority. B. Provide assigned personnel access to BCRUA facilities and interfaces with BCRUA electronic software, hardware, and applications. C. Provide the timely notification and full information of the Authority's requirements for the specific project, including the Authority's standard forms, conditions, and related documents. This includes timely notice to attend or not to attend meetings or when the Consultant's services are not required on an item. D. Furnish to the Consultant available information pertinent to the specific project including reports and data relative to designs, testing, or investigation at or adjacent to the site of the specific project. Facilitate the transfer of information regarding RFIs, submittals, pay applications, and other documents. E. Provide timely written decisions to the Consultant when requested. F. Give prompt written notice to the Consultant whenever the Authority observes or otherwise becomes aware of the presence of any constituent of concern, or of any other development that affects the scope or time of performance of the Consultant's services, or any defect or nonconformance in the Consultant's i services, the work, or in the performance of any contractor. i G. Authorize the Consultant to provide additional services as set forth in a change order. j H. Arrange for safe access to and make all provisions for the Consultant to enter 'i upon public and private property as required to perform services. I 1. Provide available reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the specific project. J. Advise the Consultant of the identity and scope of services of any independent f consultants employed by the Authority to perform or furnish services in regard f to the specific project. AUS9P269 Page 2 November 24,2009 Copyright 2009 Kteinfelder Version 1 Ptouosal for construction Materials ServlFes itLE1NlCLGLif7 Srushy Crook Regional 78."Treated Water7ransnrisslon Llne K. Define and -set forth the duties, responsibilities, and.limitations,of authority of other paries and ;the. relation thereof to the duties, responsibilities; and authority of the Consultant. L. In a timely manner, make all available findings, field updated drawings, and. reports available to the Consultant that the Consultant is required to review, act on, and.make responses. M. Pay the Consultant in accordance with Texas State Law and the terms of the contract. EXHIBIT B: CONSULTANT'S SCOPE OF SERVICES We understand the initial segment of the project consists of a 78 Treated Water Transmission Line located in Williamson County, Texas. The line is about 9,000 linear feet including about 1,400 linear feet of tunnel, with an average backfill depth of about 10'. Our services for this pro1ect will include project management, administration, field observation, laboratory and field testing during the construction phases. The purpose is to document substantial compliance with the construction documents using the generally accepted industry practice for our area. The fees for our services will be controlled by the project duration and construction sequence, and the actual time spent by our technicians on the project. In order to arrive at our estimate, we have made the following assumptions: u We anticipate 4 trips to sample materials for laboratory testing, 3 hours per trip. We anticipate performing 8 moisture density analysis with Atterberg limits and sieve analysis. We anticipate performing 3 each, L A Abrasions, clay lumps, and organic impurities. We anticipate performing 4 sets of 4 re-molded cement stabilized sand samples for compressive strength. We anticipate 20 trips to perform nuclear density testing of backfill, (1 trip per 500 linear feet of pipe). During each trip we have anticipated performing 2 density tests in the pipe embedment zone, 5 tests in the earth backfill zone (1 test per 2' of backfill), and 1 test for roadway base material for a total of 8 tests per trip, 5 hours per trip. ® We anticipate 5 trips to cast concrete test cylinders (one set of four 6" X 12" cylinders per trip), 3 hours per trip. The day following each concrete placement, an additional trip will be necessary to transport the test cylinders to the laboratory for curing/compressive strength testing, 2 hours per trip. I We anticipate 3 days of asphalt placement, 1 bag sample per day for laboratory testing, 2 hours per trip. After each day's placement, a trip will be needed to obtain 3 asphalt cores for laboratory testing, 3 hours per trip. AUS9P269 Page 3 November 24, 2009 Copyright 2009 Kleinfelder Version 1 Proposal for Constructlon Materials Services KLE/NFBLiDER �� s,vnea.isn.rlea•. Brushy Creek Regional 78"Treated Water Transmission Une • We :anticipate 20 trips to perform magnetic particle testing of 10% of lap-weld pipe connections (1 per 400' assuming 40' pipe joints, contractor to supply safety watch person), 6 hours per trip. We anticipate 4 trips to perform x-ray of 10% of butt-weld connections (assuming 40' joints with 3/8" wall thickness and that butt- welds only occur in the 1,400' of tunnel area, contractor to supply safety watch person, 3 hours per trip for Robert Boswell, CWI of Kleinfelder to read film and prepare reports. o We anticipate 7 trips to cast grout test cylinders (one set of four 3"X 6" cylinders per 200' of tunnel, 1 set per trip), 3 hours per trip. The day following each grout placement, an additional trip will be necessary to transport the test cylinders to the laboratory for curing/compressive strength testing, 2 hours per trip. • We anticipate 4 trips to sample cement-stabilized sand bedding material (4 sets of 4 remolded compressive strength specimens.) A senior professional will provide project management and project oversight. Periodic site visits to observe the construction activities will be performed, as requested by the client. Our testing services for this project will include: Task 1: Compaction Testing of Fill Materials, Subgrade and Base Kleinfelder will provide a technical professional for call-out testing to implement an appropriate field monitoring and testing program to check that fill materials are properly placed and compacted. This may include the following as needed and requested: • Review project specifications regarding percent compaction and soil moisture content requirements, allowable fill/backfill materials and testing frequency. • Obtain sample(s) of proposed material for laboratory evaluation. • Observe and document subgrade conditions prior to fill/backfill placement. • Observe and document proof-rolling operations. • Perform appropriate field testing to determine in-place moisture/density conditions. • Report field test locations and results. • Notify contractor regarding failing test results. i Task 2: Concrete Testing Kleinfelder will provide a technical professional to implement an appropriate field and laboratory testing program to confirm that the Portland cement concrete provided at the project site is in conformance with project specifications, is properly placed, and report that the results meet the specified design strength requirements. This may include: • Review project specifications and requirements regarding design strength/ identification, testing frequency and placement requirements. • Observe and document reinforcement steel placement. AUS9P269 Page 4 November 24,2009 Copyright 2009 Kleinfelder Version 1 f'1,Qpp�a1.�0}';CaIT$ rucfll?n.Matetlalo Servlcos /CLE/N/�LdER �Y" GW17ro4/.3`+L-licca l3iu Ity Creek ReglQppi 7Q"Treated Water Transmission Une ® Perform.appropriate field testing procedures to document slump, air and concrete temperature, air content as specified. ® Document field placement locations. o Produce and transport specified concrete test cylinders for laboratory testing. o Laboratory curing and compressive strength testing of test cylinders. a Report results of field and laboratory test data and placement locations. • Notify the Contractor regarding failing field and laboratory test results. Task 3: Grout Testing Kleinfelder will provide a technical professional for the purpose of sampling grout. This task may include: ® Sample grout, and prepare test specimens. ® Perform appropriate field testing procedures to document air temperature, grout temperature, air content, and unit weight. ® Cure specimens and conduct compressive strength tests. ® Prepare test reports. ® Notify Client's Project Manager and Contractor regarding failing test results. Task 4: Hot Mix Asphaltic Testing Kleinfelder will provide a technical professional, on a random basis, to observe asphalt placement. This task may include the following: Perform random observations and testing of the asphalt pavement placement. © Prepare reports of field observations and tests. Notify Client's Project Manager and Contractor regarding failing test results. 'rasic v: Stool Services Kleinfelder will provide a Certified Welding Inspector (CWI) to observe and test the structural steel welding and bolted connections in accordance with AWS D1.1-2008 (Structural Welding Code - Steel). This task may include the following: Observe and record welded connections for conformance with project requirements. Observe and record bolted connections for conformance with project requirements. o Report observation results. AUS9P269 Page 5 November 24,2009 copyright 2009 Kleinfelder Version 1 Proposal for.ConstructlonMaterJa($Serv(ces KLEINFELDER kYV/.V'A WabG9ivz Br Creek Re9flona178" Treated Water Transmission Une Task 6: Project.Management, Administration and Report Preparation Kleinfelder's Project Manager will provide general oversight, coordination with field prafessionals, phone consultations, and report reviews. Site visits and meetings as requested and approved by the client are not included in the scope of work. The Project Manager will also be available to assist with engineering consultation and resolution of problems should they occur and as requested and approved by the client. Kieinfelder will also provide administrative services to include project set-up, dispatch and scheduling, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. EXHIBIT C: WORK SCHEDULE AND COMMUNICATIONS We understand that the project will basically be a time-and-materials contract with a not to exceed fee amount for an estimated 36 month duration. The work schedule and budget provided herein is for segment one of the project with anticipated construction duration of 14 months. We require that our dispatch office (512-926-6650) be contacted at least 24 hours in advance of any necessary tests and observations. In order for us to accomplish our work scope, we will require one set of the approved project plans and specifications prior to the start of our services. In addition, an onsite pre-construction meeting with all involved parties is also requested. EXHIBIT D: COMPENSATION AND FEE SCHEDULE This proposal is based on our general understanding of the project plans, specifications and assumed construction schedule for segment one of the projects. At this time, we estimate a preliminary budget of$63,000 to be billed on a time-and-materials basis. We have attached a Proposed Fee Schedule / Estimate indicating our budget breakdown and unit costs. In addition to our Materials Testing Fee Schedule, we have attached an abbreviated Geotechnical Engineering Fee Schedule, in case those services are requested during the project. This preliminary estimate is based on the assumed construction schedule and means/methods selected to perform the construction. Therefore, our budget will be heavily influenced by constraints outside the control of Kleinfelder including, but not limited to the contractor's actual schedule, project sequencing and inclement weather. For budgeting purposes, we have assumed none of our hours will be billed at our overtime rate. However, the actual quantities and overtime hours incurred will depend on the actual scheduling of our activities by the contractor. Our estimate does not include costs of re-inspections, contractor delays, stand-by time or site visits that are cancelled upon arrival. Additional site visits due to failed tests and costs for retests or for contractor convenience are not included within the estimate. AUS9P269 Page 6 November 24,2009 Copyright 2009 Kleinfelder Version 1 N . Aropnsal for:Cvnstructlon Materials 5eryIces plc Ein+ �c ask yrhYt.wesexry &.0W.Creek RoWonal Td"Treated Water Transmisslon Lane The invoicing for this.project .will use the attached Schedule.of Fe.ps and the actual quantity of work performed in accordance with the attached Basis .ofCharges;. Additional services, such as services provided beyond the quantities:p�opossd, ,or other services. not anticipated at this time, may be required, If requested, these additional serviee$ would be treated as extra, and billed in accordance with the unit rates and Basis of Charges identified. On January 1, 2011, and January 1, 2012 our fee schedules will be subject to a five (5) percent increase. EXHIBIT E: INSURANCE CERTIFICATES Insurance certificates are attached. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided, Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects. Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. Although risk can never be eliminated, more detailed and extensive studies will yield more information, which may help understand and manage the level of risk involved. Since detailed study and analysis involves greater expense, our clients participate in determining levels of service that provide adequate information for their purposes at acceptable levels of risk. More extensive studies, including destructive studies or field tests, should be performed to reduce these uncertainties. Should additional information become available, we must be consulted to review the effect of the information on our conclusions. This proposal is valid for a period of 45 days, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's expressed permission. AUS9P269 Page 7 November 24, 2009 Copyright 2009 Kleinfelder Version 1 Pn9ppsal for.Constructlon Mste1*W$0viGes y.+inyw.i}V»iaa. ,brushy Creek Regional 10"Treated Water Transmission L/ne Weappreciate the opportunity to provide you with this proposal. If you have any ggestioris; please contact us. Following ypur;authorization, we are ready to begin work and look forward to providing you with our services. Sincerely, KLEINFEL®ER C PTRAL, INC. Mark Holcomb, C.E.T. Robert S. Wright, P.E. Material Group Manager Senior Materials Engineer Attachments: Contract Type Information Sheet Proposed Budget Estimate Fee Schedules Basis of Charges AUS9P269 Page 8 November 24,2009 Copyright 2009 Kleinfelder Version 1 PROPOSED BUDGET/ESTIMATE Brushy CreeiC Regional Utility Authority: ' 78"Treated water Transmission Line Segment One 11120/2009 Estimated Estimated Service Description Quantity Unit ice Total A1n64nt PROJECT MANAGEMENT/ADMINISTRATION Principal 14 hr. $ 176.00 $ 2,464.00 Project Manager 36 hr. $ 144.00 $ 5,184.00 Field Coordination/Dispatcher 25 hr. $ 84.00 $ 2,100.00 Project Administration 60 hr. $ 56.00 $ 3,360.00 Project Enginecr/Staff Professional 25 hr. $ 144.00 $ 3,600.00 Subtotal $ 16,708.00 SOUS TESTING Laboratory Testing Sample Preparation Materials 8 ea. $ 27.00 $ 216.00 Auerberg Limits 8 ea. $ 79.00 $ 632.00 Sieve Analysis Inc Wash(i#200)C-117 8 ea, $ 82.00 $ 656.00 Moisture-Density Analysis,Astm D698 8 ea. $ 242.00 $ 1,936.00 Los Angeles Abrasion,Small Agg. 3 ca. $ 320.00 $ 960.00 C142 Clay Lumps and Friable Particles 3 ea. $ 71.00 $ 213.00 Organic Impurities 3 ea. $ 71.00 $ 213.00 Cement-Stabilized Sand Bedding Sample Preparation-Molding(Rcc) 16 ea. $ 66.00 $ 1,056.00 Comp Strength(Rcc) 16 en. $ 55.00 $ 880.00 Field Testing Soil Services 100 hr. S 56.00 $ 5.600.00 Soil Services-OT hr. $ 83.00 $ - Nuclear Density Test 160 ea. $ 26.00 $ 4,160.00 Sample Pick-Up/De I i very 12 hr. S 56.00 $ 672.00 Vehicle Charge(Per Trip) 24 trip $ 50.00 $ 1.200.00 Subtotal $ 18,394.00 CONCRETE TESTING Laboratory Testing Concrete Comp Test C-39 20 ea. $ 21.00 $ 420.00 Field Testing Concrete Services 15 hr. S 56.00 S 840.00 Concrete Services-OT hr. $ 83.00 S - Air Content Of Concrete 5 ea. $ 29.00 .$ 145.00 Sample Pick-Up/Delivery 10 hr, S 56.00 560.00 Vehicle Charge(Per Trip) 10 Irip S 50,00 $ 500,00 Subtotal S 2.465.00 HOT N,I X ASPHALTIC CONCRETE TESTING Laboratory Testing Cores,Asphalt 9 ea. $ 61.00 $ 549,00 Max Theoretical Specific Gravity D•2041 3 ea. $ 66.00 $ 198.00 Densi ty'rest-Core Method 9 ea. $ 44,00 $ 396.00 Extraction With Gradation 3 ca. $ 259.00 $ 777,00 Hveem Stability-Set Of 3 3 ea. $ 176.00 $ 528.00 Field Testing Asplialt Services 15 hr. $ 79.00 $ 1,185.00 Asphalt Services-OT hr. $ 118.00 $ - Nuclear Density Test ea. S 26.00 $ Coring Mch W/Gen 3 day S 145.00 $ 435.00 Vehicle Charge(Per Trip) 3 trip S 50.00 $ 150.00 Subtotal $ 4,218.00 STRUCTURALSTEEL Magnetic Particle Testing 100 hr. $ 84.00 $ 8,400.00 PROPOSED BUDGET/E,STIMATE Brushy Creek Regional Utility Authority 78"Treated water Transmission Line Segment One 11/20/2009 Estimated Estimate Service Description Ouant t Unit Price Total Amount Magnetic Panicle Testing-07' hr. $ 126.00 $ - Magnetic Particle Equip/Day 20 day $ 79.00 $ 1,580.00 Vehicle Charge(Per Trip) 24 trip $ 50.00 $ 1,200.00 X-Ray of 78"Butt Weld 3/8"Wall Thickness 4 ea. $ 11050.00 $ 4,200.00 Reading of X-Ray and Report 12 hr. $ 137.00 $ 1,644.00 Subtotal $ 17,024.00 GROUT TESTING Laboratory Testing Grout Strength,C-942 28 ca. $ 22.00 $ 616.00 Field Testing Concrete Services 21 hr. $ 56.00 $ 1,176.00 Concrete Services-OT fir. S 83.00 $ - Unit Weight Of Sample 7 ea. $ 41.00 $ 287.00 Air Content Of Concrete 7 en. $ 29.00 $ 203.00 Sample Pick-Up/Delivery 14 hr. $ 56.00 $ 784.00 Vehicle Charge(Per Trip) 14 trip $ 50.00 $ 700.00 Subtotal $ 3,766.00 Total Estimate $ 62,575.00 OPTIONAL SEjj„VICES Geotechnical Engineering Drill Rig Mobilization ea. S 370.00 Drilling,max.25',soil 11, $ 19.38 Drilling/sampling,25-50',soil I.f. $ 14.40 NX Sz Drill,hard rock ff. S 26.40 Penetration Test,SS ea. $ 12.92 Shelby Tube Sampling 3 inch ea. $ 9.05 Absorption,Pres/Swell ea. S 158.00 Moisture Detern►Only ea. S 17.00 Unconfined Compress ea. S 33.00 Steel Coatings Observationsri'esting hr. as requested As itemized above,the estimated cost of this work is$62,575. This estimate is based on information available to us and represents our best estimate of the time required and number of tests." Additions or deletions to this workscope,in regards to estimated quantities,will be adjusted based on the established unit prices shown. This total estimate will not be exceeded without prior written approval of the client. Minimum charge for hourly services is 2 hours.Please refer to the attached"Basis of Charges"document for additional information. Profess onat Services Rate Schedule Brushy-Cie e* kRegional Utility Authority - Administrative 1 $ 56.00 Assistant Project Manager $ 100.00 CARD O erator $ 78.00 Client'Manager $ 139.00 C6fttrtinti6n Engineer $ 110.00 Designer $ 84,00 Dispatcher $ 84.00 Draftsperson $ 66,00 Principal $ 176.00 Professional $ 95.00 Project Administrator $ 66.00 Project Manager 1 $ 144.00 Senior Principal Professional $ 189.00 Senior Professlonal $ 137.00 Senior Technician $ 74.00 Shop Assistant $ 51.00 Staff Professional 1 $ 110.00 Staff Professional Il $ 126.00 Supervisory Technician $ 79.00 Technician 1 $ 56.00 Technician II $ 61.00 Technician III $ 68.00 Technician IV $ 72.00 VP, Project Management $ 210.00 CERTIFICATE OF LIABILITY INSURANCE DATE(MhVDDlYYYY) ' - I uaoro9 PRoo f THIS CERTIFICATE IS ISSUED AS A MA7TER OF INFORMATION H"fg,3NAN PROFESSIONAL PRACTICE INSURANCE BROKERS ONLY. AND CONFERS NO RIGHTS UPON THE CERTIFICATE License Nur ibarp 0484248 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1866,W.Kath>Ila Avenue,Suite 266 ALTER THE,COVERAGE AFFORDED BY THE POLICIES BELOW. OrttngB,CA 82887 INSURERS AFFORDING COVERAGE NAtC# INSURED IINSURERA i`IRlionnl Union fire Ins Co of Piusburgh PA 19445 THE KLEINPELDER GROUP,INC. INSURER B: 'fllo Insurance Co ofthe$Into of Pcllnsytwulla 19429 1826 KItAMRR LANE,SUITE M INSURER C: Lexington insurance Company 14417 AUSTIN,Tx.7.87158 INSURER D: Lloyd's of London 0 INSURER E: COVERAGES THE P.,000IE$OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED EDABOVE FOR THE POLICY PERIOD INDICATED,NOTNATHSTANDING ANY,'REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT Oil OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY OF ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OP SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ')ISR A0014 TYPHOFINSURANCH POUCYNUMBER 1 CTIVII OLICYE P T LI)AITS LTR 41SR DATE MWDD DATE MM/ODIY A GENERAL LIABILITY 61.0919573 04/01/2009 04101/2010 EACH OCCURENCP 3t,000,000 �_ COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED $150,000 DO CLAIMS MARE El OCCUR PRD EXP (Fa nepotion (� J.IEDFJ(PlAtyoneparson) 35,000 —— PERSONAL 6 AOV INJURY 31,000,000 G�EN'LAOGREOATF.LUdITAPPUESPERc GENERALAGGREGATE $2,000,000 11 POLICY ED PROJECT EI LOC PRODUCTS•COMPIOPAOG $2,000,000 $ A AUTOMOBILE LIABILITY CA8263261 04/01/2009 04/0112010 COMSINEOSUNGLEtWIT 51,000,000 0 ANY AUTO (Each Oavrrence) El ALL OWNEO AUTOS BODILYINJURY $ II SCHEDULED AUTOS (Pet Paraon) HIRED AUTOS BODILY INJURY $ NON•OVMEU AUTOS (Per oWdenl) ❑^ PROPERTY DAMAGE 3 (PAf actManl) ❑ GARAOE LIABILITY NOT APPLICABLE AUTO ONLY•FA ACCIDENT $ 11 ANY AUTO OTHER THAN EA ACC 3 E` AUTO ONLY: AGG S EXCRSSN)ABRELLALIADILVTY EACH OCCURRENCE $1,000,000 I3F24508293 04101/2009 04/01/2010 F11 Z OCCUR ❑CLAIMS MADE AGGREGATE $1,000,000 ❑DEOUCIISLE $ S RETENTION s40.0 0 S B ❑ WORKERS COMPENSATIONANO �yC007186263 04/01/2009 04IOt12010 WCSTATU. []OTH- EMPLOYFRS'LIABILITI TORY LUJITS ER _ ANY PROPRIETOR(PARTNER(EXECU• E.L.P.ACH ACCIDENT 51,000,000 THE OFFICERIMEMSER EXCLUOED9 If yes,destribo vndor E L.OISEASE•FA EMPLOYEE 31,000,000 SPECIAL PROVISIONS Wow E.I.DISEASE•POLICY lI1.INT 51,000,000 C ❑ OTHER 022174362 04101!2009 04/01/2010 Cach Claim 51,000,000 PsofessionRi Liability& Conlraclors 1101lulion Liabilily 1.1)USA0903212 04/002004 04101/2010 Aggtcgetc $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 WHICLE81 EXCLUSION$ADDED BY ENDORSEMENTI SPECIAL PROVISIONS PROJECTS AS ON FILE WITH THE INSURED INCLUDING, BUT NOT LIMITED TO, BRUSHY CREEK REGIONAL 78" TREATED WATER TRANSMISSION LINE. CERTIFICATE HOLDER CANCELLATION '10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF 1116 ABOVE DESGRI080 POLIC158 BE CANCELLED BEFORE THE GXPIRATION CATE YHEAROFf,THE INSURER AFPCROI NO COVERAGE.WIL ENDEAVOR To ' BRUSHY CREEK REGIONAL MAIL 30'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THO LEFT, UTILITY AUTHORITY BUT PAILUAB TO DO SO SHALL IMPOSE NO ODLIOATION OR LIABILITY OF ANY KIND UPON ATTN: MICHAEL THUSS, P.E. THE INSURES,ITS AOL'NTSORREPRESENTATIVE$. 221 E. MAIN STREET AUTHOWED REPRESENTATIVE ROUND ROCK, TX 78644 ACORD 26(2001/08) / (DACORD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(tes)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsemont(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend,extend or alter the covorage afforded by the pollctes Ilsted thereon. i i i i i i r t , I f ` Ij k I i k ACORD 26(2001108) i DATE: January 15, 2010 SUBJECT: BCRUA Board Meeting—January 20, 2010 ITEM: 71). Consider a resolution authorizing the President to execute a Material Testing Agreement with Kleinfelder Central, Inc.for the Treated Water Transmission Line, Segment One, subject to the approval of the Participating Cities. Presenter: Michael Thuss Program Manager Justification: This agreement is for construction materials testing services on site of the 78"Treated Water Transmission Line, Segment 1 Project for BCRUA executed over 36-month period. Fundine: $90,000.00 Outside Resources: Kleinfelder Central, Inc. i Agreement for Consulting Services for Construction Materials Testing Services for the BCRUA 78" Treated Water Transmission Line, Segment 1 Project with Kleinfelder Central, Inc. AGREEMENT made as of the Al�ayof the month of 1_UA'� in the year Two Thousand Ten(2010). (Its words,indicate day,month and}sear.) 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"Kleinfelder": (Name,address and other Iformatlon.) Kleinfelder Central,Inc. 1826 Kramer Lane,Suite M Austin,Texas 78758 For the following Project: (Inchtde detailed description ofProject.) Consulting services including providing construction materials testing 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: soils testing including compaction testing of fill materials, subgrade and base (laboratory testing and field testing), concrete testing(laboratory testing and field testing),hot mix asphaltic testing(laboratory testing and field testing), structural steel testing and services, and grout testing (laboratory testing and field testing). All such services shall be on site of said Project located in Williamson County,Texas. BCRUA and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Rote the disposition for the following Rents by Inserting the requested it1fonnatlon or a statement stich as "not applicable," "unknown at time of execution"or"to be determined later by nmtttal agreement.') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe,if appropriate,proposed use or goals) Objectives include, but are not limited to, obtaining consulting services from Kleinfelder including providing construction materials testing services on site of the 78" Treated Water Transmission Line, Segment 1 Project for BCRUA. 1.1.2.2 The physical parameters are: (Identify or describe,tfappropriate,size,locatlon,dimensions,or other pertinent Information,such as geotechnical reports about the site.) 1.1,2.3 BCRUA's Program is: (Identh,doctanentation or state the manner in which the program gill be developed.) 1.1.2.4 The legal parameters are: (Identify pertinent legal it formation,including,ff appropriate,land surm s and legal descriptions and restrictions of the site.) 00180611/jkg )3C zkA- 2_ i 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for Kleinfelder's consulting services shall be a not-to-exceed amount of $90,000.00,comprised of the following services: See Exhibit"A"attached hereto and incorporated herein for all appropriate purposes,the said Exhibit"A"containing"Proposed Budget/Estimate"attachment. The fee shall be full compensation for all services performed and to be performed by Consultant under this Agreement, and such not-to-exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. BCRUA shall pay Consultant on a"time and materials"basis,Kleinfelder agrees to accept payment from BCRUA on such basis, and the parties expressly agree that only work actually performed by Kleinfelder will be paid for by BCRUA. • BCRUA may require the services of Kleinfelder on an on-call basis as scheduled by BCRUA's representatives. Kleinfelder requests twenty-four(24)hour notifications to properly schedule work. • For all projects in excess of fifty(50)miles from the local Kleinfelder office,Kleinfelder may charge a per diem rate of$121.00 per day per person,or expenses plus fifteen percent(15%), whichever is greater. A vehicle travel charge may be assessed at $0.63 per mile plus personnel time. Pre-approved travel expenses, such as airfare, may be charged at cost plus fifteen percent(15%). • Any services provided by Kleinfelder 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 ($90,000.00) 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 5:00 pm, including travel time to and from 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: (/dentes ifoppropriate,milestone dates,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: (Identh,method such as competithr bid,negotiated contract,or construction management_) Consulting services herein are engaged by this negotiated Agreement. 1.1.2.8 Other parameters are: (idents special characteristics or needs of the Project such as energy,environmental or historic presemation requirements) 1.1.3 PROJECT TEAM 1.1.3.1 BCRUA's Designated Representative is: (List name,address and other information.) 2 i Michael F.Thuss,P.E. BCRUA Program and Construction Manager 221 East Main Street Round Rock,Texas 78664 C 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 contractors are: (List discipline and,if known,identt&them by name and address.) Unknown at this time. 1.1.3.4 Consultant's Designated Representatives are: (List name,address and other information) Robert S.Wright,P.E. Kleinfelder,Senior Engineer 1826 Kramer Lane,Suite M Austin,Texas 78758 1.1.3.5 The consultants retained at Consultant's expense are: (List discipline and.i(knmr n,identij5-there 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 1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project,including any errors, omissions or inconsistencies. 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein,in attached and accompanying documents,in exhibits,in supplemental documents,and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for BCRUA's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted, if necessary and approved BCRUA,as the Project proceeds.This schedule shall include allowances for periods of time required for BCRUA's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by BCRUA shall not, except for reasonable cause, be exceeded by Consultant or BCRUA. 1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by BCRUA, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with BCRUA's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by BCRUA. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the estimated cost to BCRUA of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this Agreement, completed or partially completed,shall be the property of BCRUA to be used as BCRUA desires, without restriction on future use;by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to BCRUA all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to BCRUA permission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that BCRUA shall comply with all obligations, including prompt payment of all sums when due,under this Agreement.If and upon the date Consultant is adjudged in default of this Agreement, BCRUA Is permitted to authorize other similarly credentialed 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 sliall 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(60) days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is 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 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 i' 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 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 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 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between BCRUA and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both BCRUA and Consultant. 1.4.1.1 Other documents as follows: (List other documents,if any;fonning part of the Agreennent.) Exhibit"A'entitled"Proposed Budget/Estimate." 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 nnulllples of Direct Personnel Expense for Principals and employees,and ldento,Principals and class&,employees,if required Idem&,specific services io whichparticular methods of conpensallon app6) 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.) (Usury lairs and requirements under the Federal Tnrth in Lending Act,similar state and local consenter credit lmrs and other regulations at the Owner's and Archilect's principal places of bntsiness,the locatlon of line Project and elsewhere may al)ect the validity of this provision.Specific legal advice should be obtained with respect to deletions or mod f cations,mid also regarding requiren)ients such as written disclosures or iraiuers.) 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 7 i 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 Insurance.Consultant,,at its sole cost,shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A. Comprehensive General Liability Insurance with minimum Bodily Injury limits of$300,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage; B. Property Damage Insurance with minimum limits of$50,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage. 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 same in its behalf,and by the duly authorized 8 { f representative of Kleinfelder 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 KLEINFELDER CENTRAL,INC. a Texas corporation —7 By: 13}' Printed Na d,1 ►me:M Title: President DatSigned: Date Signed: •Z Z- /O tsT Jo 7, owtnan,Secretary FOR UA,AP ROV AS TO FORDO: Stephan Sheets,Attorney 9 ' I EXHIBIT ' "An r KI,E'INP-El-DER Bright People.Right Solutions. November 24, 2009 Mr. Michael Thuss, P.E. Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock, Texas 78664 Subject: Proposal to Provide Construction Materials Testing Services Brushy Creek Regional 78" Treated Water Transmission Line Segment One,Williamson County, Texas Dear Mr. Thuss: Kleinfelder is pleased to submit this proposal for construction materials testing services for the Brushy Creek Regional Utility Authority (BCRUA). This proposal is submitted in response to your email memorandum to Emmett Irby of our office dated 11-02-09 and our subsequent meeting on 11105109. We understand that Kleinfelder was selected to provide material testing and geotechnical professional services for the BCRUA's treated water transmission project. This initial proposal is to provide construction materials testing services for the Brushy Creek Regional 78" Treated Water Transmission Line, Segment One project in Williamson County; Texas. The purpose of this proposal is to establish our scope of work for the project, associated unit fees for our services and the terms and conditions of this agreement. We have prepared this proposal based on a brief review of the following: © Project drawings dated February 26, 2009. A Project Specifications dated September 18, 2009. 1 Per your RFP, we have arranged our proposal to include the following exhibits: • Exhibit A; BCRUA (the Authority)'s responsibilities (Services to be Performed by the Authority • Exhibit B: Consultant's Scope of Services • Exhibit C: Work Schedule and Communications AUS9P269 November 24, 2009 Copyright 2009 Kleinfelder Version 1 KLEINFELDER 1826 Kramer Lane,Suite M,Austin,TX 78758 p 1512.926.6650 f 1512.833.5058 i i I Propo��tl for Construction Materials Services KCErNFELDER 4f1 hY4,F}N Sa 'w Brushy Creek Regional 78"Treated Water Transmission Line • Exhibit D: Fee Schedules and Budget Estimate • Exhibit E: Insurance Certificates EXHIBIT A: BCRUA—SERVICES TO BE PERFORMED BY THE AUTHORITY A. Provide specific points of contact and means for the Consultant to communicate with the Authority. B. Provide assigned personnel access to BCRUA facilities and interfaces with BCRUA electronic software, hardware, and applications. C. Provide the timely notification and full information of the Authority's requirements for the specific project, including the Authority's standard forms, conditions, and related documents. This includes timely notice to attend or not to attend meetings or when the Consultant's services are not required on an item. D. Furnish to the Consultant available information pertinent to the specific project including reports and data relative to designs, testing, or investigation at or adjacent to the site of the specific project. Facilitate the transfer of information regarding RFIs, submittals, pay applications, and other documents. E. Provide timely written decisions to the Consultant when requested. F. Give prompt written notice to the Consultant whenever the Authority observes or otherwise becomes aware of the presence of any constituent of concern, or of any other development that affects the scope or time of performance of the Consultant's services, or any defect or nonconformance in the Consultant's services, the work, or in the performance of any contractor. j G. Authorize the Consultant to provide additional services as set forth in a change order. H. Arrange for safe access to and make all provisions for the Consultant to enter I upon public and private property as required to perform services. 4 I. Provide available reviews, approvals, and permits from all governmental i authorities having jurisdiction to approve all phases of the specific project. } J. Advise the Consultant of the identity and scope of services of any independent j consultants employed by the Authority to perform or furnish services in regard to the specific project. AUS9P269 Page 2 November 24,2009 Copyright 2009 Kleinrelder Version i i KLEINfCLUEf7 Prpposat for Can$truc.tion Mate1•lals Sgrvlves Brushy Creek Regional 78"Treated Water Transmission Line K. Define and =set forth the duties, responsibilities, and_limitations of authority of other. parties and the relation thereof to the duties, responsibilities; and authority of the Consultant. L. In a timely manner, make all available findings, field updateddrawings, and. reports available to the Consultant that the Consultant is required to review, act on, and.make responses. M. Pay the Consultant in accordance with Texas State Law and the terms of the contract. EXHIBIT B: CONSULTANT'S SCOPE OF SERVICES We understand the initial segment of the project consists of a 78 Treated Water Transmission Line located in Williamson County, Texas. The line is about 9,000 linear feet including about 1,400 linear feet of tunnel, with an average backfill depth of about 10'. Our services for this project will include project management, administration, field observation, laboratory and field testing during the construction phases. The purpose is to document substantial compliance with the construction documents using the generally accepted industry practice for our area. The fees for our services will be controlled by the project duration and construction sequence, and the actual time spent by our technicians on the project. In order to arrive at our estimate, we have made the following assumptions: m We anticipate 4 trips to sample materials for laboratory testing, 3 hours per trip. • We anticipate performing 8 moisture density analysis with Atterberg limits and sieve analysis. We anticipate performing 3 each, L A Abrasions, clay lumps, and organic impurities. We anticipate performing 4 sets of 4 re-molded cement stabilized sand samples for compressive strength. • We anticipate 20 trips to perform nuclear density testing of backfill, (1 trip per 500 linear feet of pipe). During each trip we have anticipated performing 2 density tests in the pipe embedment zone, 5 tests in the earth backfill zone (1 test per 2' of backfill), and 1 test for roadway base material for a total of 8 tests per trip, 5 hours per trip. s We anticipate 5 trips to cast concrete test cylinders (one set of four 6" X 12" cylinders per trip), 3 hours per trip. The day following each concrete placement, an additional trip will be necessary to transport the test cylinders to the laboratory for curing/compressive strength testing, 2 hours per trip. i ® We anticipate 3 days of asphalt placement, 1 bag sample per day for laboratory testing, 2 hours per trip. After each day's placement, a trip will be needed to obtain 3 asphalt cores for laboratory testing, 3 hours per trip. i AUS9P269 Page 3 November 24,2009 Copyright 2009 Klelnfelder Version 1 Proposal for Construcllotr Materials Services KLE/NFELOER � ..�, . Brushy Creak Reglonai 78"Treated Water Transmission Line • We anticipate 20 trips to perform magnetic particle testing of 10% of lap-weld pipe connections (1 per 400' assuming 40' pipe joints, contractor to supply safety watch.person), 5 hours per trip. We anticipate 4 trips to perform x-ray of 10% of butt-weld connections (assuming 40'joints with 3l8" wall thickness and that butt- welds only occur in the 1,400' of tunnel area, contractor to supply safety watch person, 3 hours per trip for Robert Boswell, CWI of Kleinfelder to read film and prepare reports. • We anticipate 7 trips to cast grout test cylinders (one set of four 3°X 6" cylinders per 200' of tunnel, 1 set per trip), 3 hours per trip. The day following each grout placement, an additional trip will be necessary to transport the test cylinders to the laboratory for curing/compressive strength testing, 2 hours per trip. • We anticipate 4 trips to sample cement-stabilized sand bedding material (4 sets of 4 remolded compressive strength specimens.) A senior professional will provide project management and project oversight. Periodic site visits to observe the construction activities will be performed, as requested by the client. Our testing services for this project will include: Task 1: Compaction Testing of Fill Materials, Subgrade and Base Kleinfelder will provide a technical professional for call-out testing to implement an appropriate field monitoring and testing program to check that fill materials are properly placed and compacted. This may include the following as needed and requested: • Review project specifications regarding percent compaction and soil moisture content requirements, allowable fill/backfill materials and testing frequency. • Obtain sample(s) of proposed material for laboratory evaluation. • Observe and document subgrade conditions prior to fill/backfill placement. • Observe and document proof-rolling operations. • Perform appropriate field testing to determine in-place moisture/density conditions. • Report field test locations and results. • Notify contractor regarding failing test results. Task 2: Concrete Testing Kleinfelder will provide a technical professional to implement an appropriate field and laboratory testing program to confirm that the Portland cement concrete provided at the project site is in conformance with project specifications, is properly placed, and report that the results meet the specified design strength requirements. This may include: • Review project specifications and requirements regarding design strength/ identification, testing frequency and placement requirements. • Observe and document reinforcement steel placement. AUS9P269 Page 4 November 24, 2009 Copyright 2009 Kleinfelder Version 1 i i Ai op psai for;Constructfon Materials Services /CL EYN�t LOER aW hW46ytt kt+4.: Brushy Creek Regffiyal 781 Treated Water Transailsslon Line • Perform.appropriate field testing procedures to document slump, air and concrete temperature, air content as specified. • Document field placement locations, o Produce and transport specified concrete test cylinders for laboratory testing. • Laboratory curing and compressive strength testing of test cylinders. ® Report results of field and laboratory test data and placement locations. Notify the Contractor regarding failing field and laboratory test results. Task 3: Grout Testing Kleinfelder will provide a technical professional for the purpose of sampling grout. This task may include: • Sample grout, and prepare test specimens. • Perform appropriate field testing procedures to document air temperature, grout temperature, air content, and unit weight. • Cure specimens and conduct compressive strength tests. • Prepare test reports. • Notify Client's Project Manager and Contractor regarding failing test results. Task 4: Hot Mix Asphaltic Testing Kleinfelder will provide a technical professional, on a random basis, to observe asphalt placement. This task may include the following: • Perform random observations and testing of the asphalt pavement placement. Prepare reports of field observations and tests. • Notify Client's Project Manager and Contractor regarding failing test results. Task 5: Steel Services Kleinfelder will provide a Certified Welding Inspector (CWI) to observe and test the structural steel welding and bolted connections in accordance with AWS D1.1-2008 (Structural Welding Code - Steel). This task may include the following: H Observe and record welded connections for conformance with project requirements. a Observe and record bolted connections for conformance with project requirements. a Report observation results. l E AUS9P269 page 5 November 24,2009 Copyflght 2009 Kleinfelder Version 7 LK £INFELDER Proposal for Construction Materials Services Brushy Creek Regional 78"Treated Wager Transmission Line Tasks; Project Management,Administration and Report Preparation Kleinfelder'S Project Manager will provide general oversight, coordination With field professionals, phone consultations, and report reviews. Site visits and meetings as requested and approved by the client are not included in the scope of work. The Project Manager will also be available to assist with engineering consultation and resolution of problems should they occur and as requested and approved by the client. KIeinfelder will also provide administrative services to include project set-up, dispatch and scheduling, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. EXHIBIT C: WORK SCHEDULE AND COMMUNICATIONS We understand that the project will basically be a time-and-materials contract with a not to exceed fee amount for an estimated 36 month duration. The work schedule and budget provided herein is for segment one of the project with anticipated construction duration of 14 months. We require that our dispatch office (512-926-6650) be contacted at least 24 hours in advance of any necessary tests and observations. In order for us to accomplish our work scope, we will require one set of the approved project plans and specifications prior to the start of our services. In addition, an onsite pre-construction meeting with all involved parties is also requested. EXHIBIT D: COMPENSATION AND FEE SCHEDULE This proposal is based on our general understanding of the project plans, specifications and assumed construction schedule for segment one of the projects. At this time, we estimate a preliminary budget of$63,000 to be billed on a time-and-materials basis. We have attached a Proposed Fee Schedule / Estimate indicating our budget breakdown and unit costs. In addition to our Materials Testing Fee Schedule, we have attached an abbreviated Geotechnical Engineering Fee Schedule, in case those services are requested during the project. This preliminary estimate is based on the assumed construction schedule and means/methods selected to perform the construction. Therefore, our budget will be heavily influenced by constraints outside the control of Kleinfelder including, but not limited to the contractor's actual schedule, project sequencing and inclement weather. For budgeting purposes, we have assumed none of our hours will be billed at our overtime rate. However, the actual quantities and overtime hours incurred will depend on the actual scheduling of our activities by the contractor, Our estimate does not include costs of re-inspections, contractor delays, stand-by time or site visits that are cancelled upon arrival. Additional site visits due to failed tests and costs for retests or for contractor convenience are not included within the estimate. AUS9P269 Page 6 November 24,2009 Copyright 2009 Kleinfelder Version 1 --N /1LE/NF'E4'4L/i' Propgsal fpr;Construcilon Materials Services fru�hy.CraoKRegional 78"Treated Water Transmission Line. The :invoicing for this project will use the attached Schedule of Fe and the actual antltiy q4*11 .work performer! in accordance with. the attached i3asis of Cha ges;. Additipnal services, such as services provided beyond the quantities proposed, or other services not anticipated at this time, may be required, If requested, these additional services would he treated as extra, and billed in accordance with the unit rates and Basis of Charges identified. On January 1, 2011, and January 1, 2012 our fee schedules will be subject to a five (5) percent increase. EXHIBIT E: INSURANCE CERTIFICATES Insurance certificates are attached. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects. Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. Although risk can never be eliminated, more detailed and extensive studies will yield more information, which may help understand and manage the level of risk involved, Since detailed study and analysis involves greater expense, our clients participate in determining levels of service that provide adequate information for their purposes at acceptable levels of risk. More extensive studies, including destructive studies or field tests, should be performed to reduce these uncertainties. Should additional information become available, we must be consulted to review the effect of the information on our conclusions. This proposal is valid for a period of 45 days, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's expressed permission. w AUS9P269 Page 7 November 24,2009 Copydgh!2009 Kleinfelder Version 1 Proagsol for..CQnstructlon materlsls Serv',Pas Brashy creak Regional 18"Treated WaterTransmisslon Lhie We;appreciate the opportunity to.provide you .with .this proposal. If you have .,ainy oues#ions; pie@se contact tis. Foliowng your,authorization, we are ready to begin work and look forward to providing:you with bur services. Sincerely, KLEINFELDER C TRAL, INC. Mark Holcomb, C.E.T. Robert S. Wright, P.E. Material Group Manager Senior Materials Engineer Attachments: Contract Type Information Sheet Proposed Budget Estimate Fee Schedules Basis of Charges AUS9P269 Page 8 November 24,2009 Copyright 2009 Kleinfelder Version i PROPOSED BUDGET/ESTIMATE Brushy.Cree. Regiortet.UtllityAuthority: ' 78"Treated water Transmission Line Segment One 11/20/2009 Estimated Estimated Service Descriptloll Quantity Ung Total Amount PROJECT NIAN GEMENT/ADMINISTRATION Principal 14 hr. $ 176.00 $ 2,464.00 Project Manager 36 hr. $ 144.00 $ 5,184.00 Field Coordination/Dispatcher 25 hr. $ 84.00 $ 2,100.00 Project Administration 60 hr. $ 56.00 $ 3,360.00 Project EngincedStaff Professional 25 hr. $ 144.00 $ 3,600.00 subloral $ 16,708.00 SOUS TESTING Laboratory Testing Sample Preparation Materials S ea. $ 27.00 $ 216.00 Atterberg Limits 8 ea. $ 79.00 $ 632.00 Sieve Analysis Inc Wash(#200)C-117 8 ea, $ 82.00 $ 656.00 Moisture-Density Analysis,Astm D698 8 ea. $ 242.00 S 1,936.00 Los Angeles Abrasion,Small Agg. 3 ea. S 320.00 $ 960.00 C142 Clay Lumps and Friable Particles 3 ea. $ 71.00 $ 213.00 Organic Impurities 3 ea. $ 71.00 S 213.00 Cement-Stabilized Send Bedding Sample Preparation-Molding(Rcc) 16 ea. S 66.00 $ 1,056.00 Comp Strength(Rcc) 16 ea. $ 55.00 $ 880.00 Field Testing Soil Services 100 hr. $ 56.00 S 5,600.00 Soil Services-OT hr. $ 83,00 $ - Nuclear Density Test 160 ea. S 26.00 $ 4,160.00 Sample Pick-Up/Delivery 12 hr. S 56.00 $ 672.00 Vehicle Charge(Per Trip) 24 trip S 50.00 $ 1,200.00 Subtotal $ 18,394.00 CONCRETE TFSUNG Laboratory Testing Concrete Comp Test C-39 20 ea. $ 21.00 $ 420.00 Field Testing Concrete Services 15 hr. S 56.00 $ 840.00 Concrete Services-OT lir. $ 83.00 $ Air Content Of Concrete 5 ea. S 29.00 $ 145,00 Sample Pick-Up/Delivery 10 hr: $ 56.00 $ 560.00 Vehicle Charge(Per Trip) 10 trip $ 50.00 S 500.00 Subtotal S 2,465,00 HOT NIIX ASPHALTIC CONCRETE TESTING Laboratory Testing Cores,Asphalt 9 ea. S 61.00 $ 549.00 Max Theoretical Specific Gravity D-2041 3 ea. $ 66.00 $ 198,00 Density Test-Core Method 9 ea. $ 44.00 $ 396.00 Extraction With Gradation 3 ca. $ 259.00 $ 777,00 Hveem Stability-Set Of 3 3 ea. $ 176.00 $ 528.00 Field Testing Asphalt Services 15 hr. $ 79.00 $ 1,185.00 Asphalt Services-OT hr. S 118.00 $ - Nuclear Density Test ca. S 26.00 $ Coring Mch W/Gen 3 day S 145.00 $ 435.00 Vehicle Charge(Per Trip) 3 trip S 50.00 S 150.00 Subrola! $ 4,218.00 STRUCTURAL STEEL{ Magnetic Particle Testing 100 hr. $ 84.00 $ 8,400.00 PROPOSED BUD!�XMTIMATE Brushy Creek Regional Utility Authority 78"Treated water Transaiss on Line Segment One 11/20/2009 Estimated Estima Service Descrindon Quantity Unit Price Total Amount Magnetic Particle Testing-OT hr. $ 126.00 $ - Magnetie Particle Equip/Day 20 day $ 79.00 $ 1.580.00 Vehicle Charge(Per Trip) 24 trip $ 50.00 $ 1,200.00 X-Ray of 78"Butt Weld 3/8"Wall Tbickness 4 ea. $ 1,050.00 $ 4,200.00 Reading of X-Ray and Report 12 hr. $ 137.00 $ 1,644.00 Subtotal $ 17.024.00 GROUT TESTING Laboratory Testing Grout Strength,C-942 28 ea. $ 22.00 $ 616.00 Field Testing Concrete Services 21 hr. $ 56.00 $ 1,176.00 Concrete Services-OT hr. $ 83.00 $ - Unit Weight Of Sample 7 ea. $ 41.00 $ 287.00 Air Content Of Concrete 7 Co. $ 29.00 S 203.00 Sample Pick-Up/Delivery 14 hr. $ 56.00 S 784.00 Vehicle Charge(Per Trip) 14 trip $ 50.00 $ 700.00 Subtotal $ 3,766.00 Total Estimate $ 62,575.00 OPTIONAL SERVICES Geotechnical Engineering Drill Rig Mobilization ea. S 370.00 Drilling,max.25'.soil I.f. S 19.38 Drilling/sampling,25-50%soil I.f. $ 14.40 NX Sz Drill,hard rock l.f. $ 26.40 Penetration Test,SS ea. $ 12.92 Shelby Tube Sampling 3 inch ea. $ 9.05 Absorption,Pres/Swell ea. S 158.00 Moisture Detenn Only ea. S 17.00 Unconfined Compress ea. S 33.00 Steel Coatings Observatioasffesting hr. as requested As itemized above,the estimated cost of Chia work is$62.575. This estimate is based on information available to us and represents our best estimate of the time required and number of tests." Additions or deletions to this workscope,in regards to estimated quantities,will be adjusted based on the established unit prices shown. This total estimate will not be exceeded without prior written approval of the client. Minimum charge for hourly services is 2(tours.Please refer to the attached"Basis of Charges"document for additional information. Professional Services Rate Schedule Brushy.Creek Regional Utility Authority Administrative 1 $ 56.00 Assistant Pro ect Manager _ $ 100.00 CADD`O erator $ 78.00 Client`Mana er $ 139.00 Construction Engineer $ 110.00 Desi ner $ 84.00 Dis etcher $ 84.00 Draftsperson $ 66,00 Principal $ 176.00 Professlonal $ 95.00 Pro ect Administrator $ 56.00 Pro ect Mana er t $ 144.00 Senior Principal Professional $ 189.00 Senlor Professlonal $ 137.00 Senior Technician $ 74.00 Shop Assistant $ 51.00 Staff Professional 1 $ 110.00 Staff Professional II $ 126.00 Supervisory Technician $ 79.00 Technician 1 $ 56.00 Technician II $ 61.00 Technician III $ 68.00 Technician IV $ 72.00 VP,Project Management $ 210.00 i CERTIFICATE OF LIABILITY INSURANCE DATE(tv20/0/ YYYYJ aoro9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HEFFIRN.AN PROFESSIONAL PRACTICE INSURANCE BROKERS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE L(ceiiaeNuiberp.Q684249 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1866:W.Katglla Avenue,Suits 486 ALTER THE COVERAQEAFFORDED BY THE POLICfES BELOW. O,rpnga,CA 92887 INSURERS AFFORDING COVERAGE NAIC# 1 INSURER& National Unto))Piro Ins Co of PiuSburgh PA 19445 THE KLE1NFI!LDL'R GROUP,INC. INSURER B: "Ilia Insurance Co ofille Slate orFcllmytV@Iia 19429 1826XRAMRR LANE,SUITS M INSURER Q. Lexington Insuran¢a Company 19437 AUSTIN,'fX78758 INSURERO: Lloyd's of London 0 INSURER E: COVERAGES THE,POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NoRmTHSEANDiNG ANYREQU1REMENTJERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR a1SR TYPE OFINSURANCE POLtOYNUMBER POLICYRFFACDATE TN8 OATS MM1O9LIMITS A GENERAL LIABILITY EACH OCCUREROH 31,000,000 G1.0919s73 0410112009 04/01/2010 400WAERICALOENERALLIABILRY VAMAONTORENTEO 3250,000 _ ❑CLAIMSMADE OCCUR PREMISES Eao spoon 1.4EDEXP(Myenepanort) 35,000 —— PERSONAL 8 ADV INJURY 31,000,000 G❑ENT.AOOREOATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 PRODUCTS•COMPIOP AGO $2,000,000 ❑POLICY CR PROJECT❑LOC 3 A AWOMOBaE LIABILITY CA8263261 04101/2009 04/01/2010 MI8INE0 slum 11mur $1,000,000 �ANYAUTO (each OoWRatwa) ALL OWNED AUTOS BODILY INJURY IISCHEDULEDAVIOS (P-PWW 3 HIR8DAUT08 DOD 11-Y 5 NON-MVNED AUTOS (Pet...) ❑ PROPERTYDAMAGE 5 (Par mwsnl) ❑ GARAGE LIABILITY NO'PAPPLICABLE AUTO ONLY-VAACCID£NT 5 ❑ANYAUTO OTHERTWW EA ACC S ❑_ AUTO ONLY: AGO S A ❑ BXCESSIUMSRELLALLABILITY 1313-24508293 04/0112009 04/0111010 EACH OCCURRENCE S1,000,000 IR OCCUR ❑CLAIMS MADE AGGREGATE $1,000,000 ❑DEDUCTIBLE 3 S RETENTION SJ9m 3 B ❑ %"RHERSCOMPENIA71ONAND 1YC0071B6263 04/6l/1009 04l01120lA 1YCSTATU• ❑0TH• P MPLOYRFIVLIABILITY TORY LIMITS ER _ ANY PROPRIETOIUPARTttERIE%ECU• E.L.EACH ACCIDENT $1,000,000 TIVE OFFICERRAEMBER EXCLUDED? Y yae,dacnbo under E.L.DISEASE•EA EMPLOYEE $1,000,000 SPECIAL PROM81ONA below E.L.DISEASE-POLICYLIAIT 51,000,000 C OTHER D22174362 04101/2009 04/01/2010 Each Clain) $1,000,000 Professional Liability& D Co1Hlaclors Pollution lJobility I.I)USA0903212 0.1/01/1009 04/01/2010 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECTS AS ON FILE WITH THE INSURED INCLUDING, BUT NOT LIMITED TO, BRUSHY GREEK REGIONAL 78' TREATED WATER TRANSMISSION LINE. CERTIFICATE HOLDER CANCELLATION )10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF7H8 ABOVE DESCRIBBO POLICIES Be CANCELLED BEFORE THE EXPIRATION OATS THEREOF,TILE INSURER AFFORDINO COVIRAGEYRLL BNDFAVOR TO BRUSHY CREEK REGIONAL MAIL AL9DAYS WRFRENNOTICE TOTHE CERTIFICATE HOLDER NAAIEOTOTHE Lin, UTILITY AUTHORITY BUT FAILURE TO 00 80 SHALL IMPOSE NO OSLIOAMON OR LIABILITY OF ANY IONO UPON ATTN:MICHAEL THUSS, P.E. THE INSURER,ITS AGENTS OR REPRESENTATIVES. 221 E.MAIN STREET AUTHORIZED REPRESENTATIVE ROUND ROCK,TX 78844 ACORD 26(2001/08) (D ACORD CORPORATION 1908 I t IMPORTANT If the certl0caie holder Is an ADDITIONAL INSURED,the poltcy(tes)must be endorsed.A statement on this certificate does not confer rights to the cortifieete holder In lieu of such endoreement(a). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsament(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. i I i I i t 1 f I I ; I i ACOAD 25(2001108) i