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BCRUA_R-22-06-22-6E
RESOLUTION NO, R-22-06-22-6E WHEREAS, the Board of Directors of the Brushy Creek Regional Utility Authority ("BCRUA") desires to retain professional consulting services related to pavement condition assessment/construction materials testing services for the Phase 2 Raw Water Delivery System Project; and WHEREAS, TSIT Engineering & Consulting, LLC has submitted an Agreement for Professional Consulting Services to provide said services; and WHEREAS, the BCRUA desires to enter into said agreement with TSIT Engineering & Consulting, LLC, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Agreement for Professional Consulting Services for Pavement Condition Assessment and Construction Materials Testing Services with TSIT Engineering & Consulting, LLC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board of Directors 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 22nd day of June, 2022. d316.4624-A,409-116-19-57x1 AC64ffV1.1�' NA'COLE THOMP N, President Brushy Creek Regional Utility Authority ATTEST: RE FLORES, Sec BRUSHY CREEK REGIONAL UTILITY AUTHORITY PROFESSIONAL CONSULTING SERVICES FOR PAVEMENT CONDITION ASSESSMENT AND CONSTRUCTION MATERIALS TESTING SERVICES WITH TSIT ENGINEERING& CONSULTING LLC THIS AGREEMENT for professional consulting services related to pavement condition assessment/construction materials testing services for the Phase 2 Raw Water Delivery System Project (the "Agreement") is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as "BCRUA"), and TSIT Engineering & Consulting, LLC, located at 304 Hazlewood Street, Suite 3, Leander, Texas 78641 (the "Consultant"). RECITALS: WHEREAS, BCRUA has determined that there is a need for a pavement condition assessment/construction material testing services for the Phase 2 Raw Water Delivery System Project;and WHEREAS, BCRUA desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows; 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved. BCRUA reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 4887-3388-0100 ss2 Exhibit "A" 2.01 PROPOSAL FOR SERVICES Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being attached hereto as Exhibit "A" titled "Scope of Work," which document is incorporated herein for all purposes. 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Such Services include both: 1) Construction Material Testing Services; and 2) Pavement Thickness Services. Such services shall be performed in the time frame agreed upon by the parties. Consultant's undertaking shall be limited to performing services for BCRUA and/or advising BCRUA concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in a professional and workmanlike manner. 4.01 LIMITATION TO SCOPE OF SERVICES Consultant and BCRUA agree that the scope of services to be performed is enumerated in Exhibit "A,"and Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit "A," however, either party may make written requests for changes to the Scope of Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid Supplemental Agreement as described in 9.01. 5.01 CONTRACT AMOUNT In consideration for the professional consulting services to be perfonned by Consultant, BCRUA agrees to pay Consultant in accordance with Exhibit "A," which document is attached hereto and incorporated herein for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit"A." Not-to-Exceed Total Pa ment for Services: Consultant's compensation for consulting services hereunder shall be paid as follows: (a) Consultant's payment for Construction Material Testing Services as set forth in Exhibit "A" shall not exceed Three Hundred Seventy Thousand Seven Hundred Sixty-Two and 50/100 Dollars ($370,762.50). (b) Consultant's payment for Pavement Condition Assessment Services as set forth in Exhibit "A" shall not exceed One Hundred Twenty-Five Thousand Two Hundred Seventy-Four and 49/100 Dollars ($125,274.49). Consultant's total payment for services set forth herein and in the attached Exhibit "A" shall not exceed Four Hundred Ninety-Six Thousand Thirty-Six and 991100 Dollars ($496,036.99) for the term of this Agreement. r Payment for Reimbursable Expenses: There shall be no payments for reimbursable expenses included in this Agreement. 6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the BCRUA, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the BCRUA. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the BCRUA relative to service deliverables, Consultant shall comply promptly. In this regard, should the BCRUA determine it necessary, Consultant shall make all records and books relating to this Agreement available to the BCRUA for inspection and auditing purposes. Payment of Invoices: The BCRUA reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. following approval of an invoice, the BCRUA shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the BCRUA or because of amounts which the BCRUA has a right to withhold under this Agreement or state law. The BCRUA shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the BCRUA to Consultant will be made within thirty (30) days of the date the BCRUA receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the BCRUA receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the BCRUA in the event: (a) There is a bona fide dispute between the BCRUA and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 3 (c) The terms of a federal contract, grant, regulation, or statute prevent the BCRUA from making a timely payment with federal funds; or (d) The invoice is not mailed to the BCRUA in strict accordance with any instruction on the purchase order relating to the payment. 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the BCRUA's current revenues only. It is understood and agreed that the BCRUA shall have the right to terminate this Agreement at the end of any BCRUA fiscal year if the governing body of the BCRUA does not appropriate funds sufficient to purchase the services as determined by the BCRUA's budget for the fiscal year in question. The BCRUA may effect such termination by giving Consultant a written notice of termination at the end of its then current fiscal year. 9.01 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by BCRUA Council or by the BCRUA Manager, if the BCRUA determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties,of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement,and the BCRUA shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.01 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that the BCRUA may terminate this Agreement for the convenience of the BCRUA, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the BCRUA for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the BCRUA upon termination of this Agreement, and shall be promptly delivered to the BCRUA in a reasonably organized form without restriction on future use. Should the BCRUA subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the BCRUA and the terminated party to fulfill contractual obligations. Termination under this 4 section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the BCRUA to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the BCRUA shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the BCRUA, the cost to the BCRUA of employing another firm to complete the useable work, and other factors will affect the value to the BCRUA of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the BCRUA to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 11.01 NON-SOLICITATION All parties agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 BCRUA'S RESPONSIBILITIES Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide BCRUA with a comprehensive and detailed information request list, if any. 13.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the BCRUA's employee. Consultant's employees or subcontractors are not the BCRUA's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the BCRUA agree to the following rights consistent with an independent contractor relationship: 5 (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the BCRUA shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the BCRUA in skills necessary to perform services required by this Agreement. (6) BCRUA shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the BCRUA. 14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the BCRUA for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the BCRUA is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the BCRUA's business and any other information which reasonably should be understood to be confidential to BCRUA is confidential information of BCRUA. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The BCRUA's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to 6 protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Any and all materials created and developed by Consultant in connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of BCRUA at the expiration of this Agreement. 15.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work no in compliance with this representation. 16.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the BCRUA or of this Agreement, then and in that event the BCRUA shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to the BCRUA's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein,then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the BCRUA, its directors, employees or agents. In no event shall Consultant be liable to the BCRUA, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Consultant), whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by the BCRUA to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 17.01 INDEMNIFICATION Consultant agrees to hold harmless and indemnify BCRUA, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable. 7 To the extent allowable by law, BCRUA agrees to hold harmless and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by BCRUA's negligence. 18.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 19.01 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The BCRUA will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf;or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the BCRUA shall provide Consultant with a certificate from the Texas State Comptroller indicating that the BCRUA is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 20.01 COMPLIANCE WITH LAWS A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, statutes, codes, ordinances, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights, if required in the performance of the services contracted for herein, and same shall belong solely to the BCRUA at the expiration of the term of this Agreement. B. In accordance with Chapter 2271, Texas Government Code,a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) and will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 8 C. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Consultant verifies Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. D. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Consultant verifies Consultant does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. 21.01 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 22.01 DESIGNATION OF REPRESENTATIVES The BCRUA hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Karen Bondy General Manager 221 East Main Street Round Rock, TX 78664 kbondy@bcrua.org 23.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 9 Notice to Consultant: TSIT Engineering& Consulting, LLC 304 Hazlewood Street, Suite 3 Leander,Texas 78641 Notice to BCRUA: Brushy Creek Regional Utility Authority 221 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the BCRUA and Consultant. 24.01 INSURANCE Consultant shall meet all BCRUA's Insurance Requirements as evidenced in Exhibit"B," "Certificate of Insurance,"attached hereto and referenced herein for all purposes. 25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 26.01 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 27.01 DISPUTE RESOLUTION The BCRUA and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. I tl 28.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 29.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the BCRUA and according to generally accepted business practices. 30.01 GRATUITIES AND BRIBES BCRUA, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by BCRUA that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any BCRUA Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 31.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 32.01 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to BCRUA due to Consultant's failure to perform in these circumstances, BCRUA may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of BCRUA's additional legal rights or remedies. Il BCRUA shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The BCRUA agrees to provide Consultant with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. Brushy Creek Regional Utility Authority TSIT En ineering& Consulting, LLC By: By: . Printed Name: Printed Name: fr F Title: Title: i 45t6 --- Date Signed: Date Signed: �on For BCRUA, Approved as to Form: By. _ Stephan L. Sheets, BCRUA Attorney 12 Exhibit "A" ff 1TJ June 14, 2022 GEOTECHNICAL&CONSTRUCtION -� MATE RIALS TESTING Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock,TX 78664 Attn: Ms. Karen Bondy,GM E kbondy@bcrua.org Re: Pavement Condition Assessment/CMT Testing BCRUA—Phase 2 Raw Water Delivery System Williamson County,Tx TSIT Estimate of Fees No.P22087-1 Ms. Bondy: TSIT Engineering and Consulting, LLC is delighted for this opportunity to submit our estimate of fees for Pavement Condition Assessment and Construction Material Testing Services on the above referenced project.Our(TSIT)estimate is based on review of project plans,specifications and addendums(1-6) prepared by Walker Partners 1 Freese and Nichols,dated 8/3112021. We anticipate: • Existing Pavement Condition Assessment including coring • Soils Testing(Civil and Structural) • Laboratory Testing for Native and Imported Soils and Aggregates. • Testing of Concrete Placement for Civil and Structural placements. • Testing of Plowable Fill Placements for Site Civil Structure Backfill • Testing of Shotcrete for Tunnel Walls placements. • Testing of Grout Placements for Tunnels and Shafts • Testing of HMAC Placements(Field and Laboratory) • Structural Steel Inspections(Structural Bolted and Welded Connections) • Project Management and Administration Sincerely, T.Smith Testing& Inspection,LLC. Firm Registration F-5278 Aaron Cotton,Jr., Vice President Director of Central Texas Operations Attachment: Estimate of Testing Costs Fort Wow Dallas Austin: 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St,Ste 3 Fort Worth,Texas 76116 Irving.Texas 75062 Leander.Texas 78641 Phone:(817)589 9933 Phone.(972)573 6083 Phone (512)337•SS96 Exhibit "A" ff ■ GEOTECHNICAL S CONSTRUCTION - MAI RIALS tESTING ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P22087-1 BRUSHY CREEK REGIONAL UTILITY AUTHORITY PHASE 2 RAW WATER DELIVERY SYSTEM WILLIAMSON COUNTY,TX SERVICE Unit Rate Units Unit Cost sous Soil Testing $75.00 350 hour $26,250.00 Soil Testing(Overtime) $112.50 25 hour $2,812.50 Moisture Density Relations ASTM-D698 $200.00 15 each $3,000.00 Moisture Density Relations Tex-I 13E $250.00 5 each $1,250.00 Atterberg Limits $75.00 15 each $1,125.00 Decant (-200) $75.00 15 each $1,125.00 Nuclear Field Density Test $25.00 450 each $11,250.00 Concrete/Cellular Grout/Flowable Fill& Tunnel Grout Concrete Inspection $75.00 1150 hoar $86,250.00 Concrete Inspection Overtime $112.50 200 hour $22,500.00 Concrete Cylinders(6 per set) $25.00 1450 each $36,250.00 Cellular Grout Cylinders $25.00 600 each $15,000.00 Tunnel and Shaft Grout Cylinders $25.00 200 each $5,000.00 Concrete Cylinder Pickup $75.00 700 hour $52,500.00 SHOTCR ETE Shotcrete Inspection $75.00 100 hots $7,500.00 Shotcrete Cores(4 per panel) $60.00 60 each $3,600.00 Shotcrete Panel Pickup $75.00 40 hoar $3,000.00 HM AC Asphalt Field Inspector#I (TxDOT Level 1 B) $75.00 8 hour $600.00 Asphalt Field Inspector#2 (TxDOT Level IB) $75.00 8 hour $600.00 Asphalt Content(Ignition Burn Off) $175.00 4 each $700.00 Maximum Theoretical Specific Gravity(of Asphalt Mixture) $100.00 4 each $400.00 Percent Density:Air Voids (Lab Molded)(set of 3) $125.00 4 set $500.00 HMAC Cores(4.0"diameter) $17.50 8 Inch $140.00 Percent Density:Air Voids (cores) $40.00 4 each $160.00 fort wed Dallas: Austin 7473 Airport Freeway 2211 Century Center Blvd.Ste 101 304 Hazlewood St.,Ste 3 Fort Worth,Texas 76118 Irving.Texas 75062 Leander,Texas 78641 Phone (817)580 9033 Phone:(972)573 6083 Phone.(512)337.5596 Exhibit "A" ff ■ C101ECHNICAt$CONSTRUCTION ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P220"_JATER1AL5TESTING -- BRUSHY CREEK REGIONAL UTILITY AUTHORITY PHASE 2 RAW WATER DELIVERY SYSTEM WILLIAMSON COUNTY,TX SERVICE Unit Rate Units Unit Cost TRAVEL Trip Charge(each) $50.00 750 tach $37,500.00 PROJECT MANAGEMENT Principal Engineer $135.00 50 hour $6,750.00 Project Management $105.00 200 hour $21,000.00 Clerical $55.00 200 nota $11,000.00 Safety Training $75.00 40 hots $3,000.00 PAVEMENT CONDITION ASSESSMENT Existing Pavement Condition Assessment $44,572.64 1 Ls $44,572.64 Post Construction Condition Assessment $56,141.85 1 Ls $56,141.85 Pavement Thickness Services $24,560.00 1 I's $24,560.00 Contingency Contingency $10,000.00 1 LS $10,000.00 ESTIMATED BUDGET: $496,036.99 NOTES: I)This is an estimate ofthe cosi for testing and inspection.COnSITnction schedules and unforeseen circumstances ma) affect the final cost.Onl) work performed will be invoiced.This is nota guarantee not to exceed cost estimate,if it becomes apparent the cost estimate will be exceeded,we will notif) ourclieni as soon as this situation is noted. 2)All services billed at a hourly rate and charged at The applicable rate,portal-to-portal with a 2 hour minimum. 3)Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over 10 hours per day Monda) thru Friday bet%%ecn 5.00pnland 7:00amoron Salurda)s.Services performed on Sundays and recognized holidays will be billed at 2.0 times the regular hourl) rale 4)Additional test not specified in this proposal will be quoted upon request. 5)The estimated units above do not include stand-hy-time for contractor non-readiness or retests of prcviousl) failing tests. Payment Ternrs Net 30 Days Fort Worth: Rallg;; i AIR1111: 7473 Airport Freeway 2211 Century Center 81vd,Ste 101 304 Hazfewood St..Ste 3 Fort Worth.Texas 76118 Irving.Texas 75062 Leander,Texas 78641 Phone:(817)589 9933 Phone.(972)573 6083 Phone (512)337.5596 Exhibit "A" ff91TJ TSIT ENGINEERING&CONSULnNG LLC June 14,2022 Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock, TX 78664 Attn: Ms. Karen Bondy, GM E kbondy@bcrua.org Re: Pavement Condition Assessment/CMT Testing BCRUA - Phase 2 Raw Water Delivery System Williamson County,Tx TSIT Estimate of Fees No. P22087-2 PCA& Pavement Thickness,Scope& Fee Rev Ms. Bondy: The following document fully explains our understanding of the scope and fees for proving the Pavement Condition Assessment(PCA)and Pavement Thickness services requested during our meeting on May 24, 2022 with BCRUA and Walker Consultants. Our estimate is based on our meeting with Freese&Nichols, Inc.(F&N) on June 1,emails received from 3/31 to 6/3 and revised today based on our meeting Thursday and today's reviews. TSIT is teaming with Wood Environmental& Infrastructure Solutions, Inc. to provide the PCA services. We anticipate: • Existing Pavement Condition Assessment services per ASTM D6433. Delineation of the pavements to be assessed and the breakdown of the deliverable's packages for the PCA was provided by F&N in an email on May 27. • Initial assessment to be performed prior to the start of construction activities. Final review to be performed on completion of all construction activities. Both assessments to be performed as one complete assessment with deliverables broken down per the packages described above. See discussion in the compensation section of this document on time of final assessment. • Pavement Thickness Services are included for providing existing pavement sections at random locations based on the request during our meetings on June land 9 and emails on June 2 & 3. Coring is a one-time activity to be performed prior to start of construction or at time designated by the client. • The breakdown of deliverables and map of areas to be assessed as Attachment I &3 for reference. • Project Management and Administration The scope and estimated costs are provided in this document. Please feel free to contact the undersigned with any questions regarding this section of the proposal Sincerely, T.Smith Testing& Inspection, LLC. Firm Registration F-5278 Kemp E Akeman, PE Ex. Vice President Attachment- Detailed Scope and Estimate of Fees Exhibit "A" Nit T$ITENGINEERING&CONSULTING LLC Section 1: Pavement Condition Assessment Objective & Scope of Work The objective of this work is to evaluate the pavement surface condition before and after the BCRUA Phase 2;RWDS construction event during which increased traffic is expected.To meet this objective,Wood,our subconsultant will perform the following tasks under the supervision of TSIT. Task 1. Project Preparation TSIT along with our subconsultant will work together to initiate the project,obtain records,and establish channels of communication to include: • Obtaining a site plan with network of pavements to be evaluated and project stationing. • Establish direction and lane designations. • Review the overall project schedule deliverable milestones • Develop a detailed testing plan. • Develop a safety plan for onsite work • Other points of coordination identified by the parties. TSIT assumes no permits are required for the PCA activity. Task 2.Field Survey and Inspections TSIT and our subconsultants will coordinate,schedule,and communicate field actions with BCRUA,Walker Partners and affected governmental agencies if required to minimize impact on operations for the project. Prior to construction,Wood will perform distress surveys of the pavement surface in accordance with ASTM D6433-20"Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys."These surveys will be performed by digital imaging surveys using the survey vehicle.The survey vehicle operates at roadway speeds and does not require lane closure,We will survey the route as identified by F&N and shown as Figure 2.The survey vehicle captures downward images of the pavement surface and forward images from a camera mounted on the vehicle's windshield. We estimate data collection will be completed in two days,weather permitting and generally unobstructed access.The first day will be used to collect the imaging described above,while the second day will be used to obtain photos of the right-of- way at select locations along the route.Data collection possibly authorized after July 18,2022. A second survey will be performed at the completion of construction. See compensation section for time of final survey after construction.Construction is anticipated to span S years. Task 3.Data Processing and Condition Analysis The road network will be partitioned into analysis segments based on visually observed changes in construction(pavement type,width,etc.)apparent differences in overall condition,at major intersections,and other landmarks as deemed significant by our team.The severity and quantity of observed distress will be used to estimate the Pavement Condition Index(PCI)for each pavement segment in accordance with ASTM D6433-20.This data will be used to identify the general condition of each segment as identified within ASTM D6433-20. Color coded maps will be developed for the condition of the pavement surface in accordance with the ASTM D6433-20 standard, The analysist will link the pavement sections surface and forward windshield view images to the location these were collected in a kml file that may be viewed in Google Earth.One(I)file will be developed for each direction and type of image(downward or forward) for a total of four(4)viewing files for each survey event. Exhibit "A" ffNiTJ 1511 ENGINEERINGLCONSUUING LK Task 4.Report For each survey event,the team will develop three(3)reports. Each report will provide a brief description of the work performed,assumptions,PCI results and images collected.The reports will be grouped as follows: • Travis County PCI, Video log,and Photos for Lime Creek Road from Anderson Mill to the RWPS(Pump Station) Video log and Photos for Trails End Road from FM 1431 to dead end at the water • Village of Volente PC[,Video log,and Photos for Lime Creek Road from RWPS(Pump Station)to the intersection of FM 2769 PC1,Video log,and Photos for FM 2769 from Lime Creek Road to Village of Volente Limits PCI,Video log,and Photos for Sherman and Bernard from Lime Creek Road to the Maintenance Building, site. • BCRUA Combined contents of the Travis County and Village of Volente Reports PCI for Trails End Road from FM 1431 to dead end at the water PCI,Video Log,and Photos for Jackson,Bernard and Arren Terrace to the Maintenance Building Compensation The services as outlined in Tasks I through 4 will be performed for the lump sum TOTAL prices identified in Table 1. The price breakdown by report is provided as a convenience and comprises a number of shared components. If the reporting requirements are modified,a revised proposal will be required.For purposes of this proposal,the post-Construction price was assumed to be performed at the completion of all construction activities. This assumption is based on the complexity of the multiple pieces of the deliverables packages and the necessity of estimating multiple mobilizations and work assignment completions.Since the major impacts to roads is heavy truck traffic,the only impact assumed to portions of this project not utilized from years 3 to 5 would likely only be environmental ones for hot mix pavements.Level of Effort,Markup and Project Management information is detailed in Attachment 1.Sum of all costs is shown in Table 1. Table 1. Price Breakdown by Report Report Pre-Construction Post-Construction Travis County $15,154.70 $19,088..23 Village of Volente $16,937.60 $21,333.90 BCRUA $12,480.34 $15,719.72 TOTAL $44,572.64 $56,141.85 Once a test schedule has been developed and approved by all parties,cancellation by others without 48 hours prior notice to TSIT will incur a cancellation charge of$1,950. Due to the urgency of this project and with careful coordination we would not anticipate this being utilized. Schedule TSIT and its subconsultants will work with BCRUA and Walker Partners to establish a mutually acceptable schedule once we receive authorization to proceed. We understand that the pre-construction survey is expected to be authorized after July 18,2022. Exhibit "A" ffE■ TSIT ENGINEERING a CONSULTING.LLL Section 2: Pavement Thickness Services Objective& Scope of Work The objective of this work is to provide actual pavement and base thickness documentation at the time of the pre-construction in conjunction with the PGA services outlined in Attachment 2. To meet this objective,TSIT will perform the following tasks. Task 1.Project Preparation TSIT will initiate the project,obtain records,and establish channels of communication to include: • Obtaining a site plan with network of pavements to be evaluated and project stationing. • Review the overall project schedule and timing in conjunction with services provided by Wood. • Develop a detailed core location plan. • Review safety and coordinate with a traffic control company to obtain core and thickness data. • Other points of coordination identified by the parties. TSIT will obtain all necessary permits by both Travis County and the Village of Volente. Task 2.Coring and Thickness Measurements The spacing of cores was directed by F&N from our meeting on June 9 is 2 locations per mile.Once the core locations are determined,TSIT will coordinate with the traffic control company and determine the work area for each day's work. After coring through the asphalt pavement,a drill will be used to penetrate the Flexible base and the total depth will be determined using a tape measure and wire.The cored pavement will then be patched with cold mix patch material which will be compacted. Our scope of services does not include any sampling or testing of the subgrade below the flexible base,nor does it include any testing of the cores for density or composition of the asphaltic concrete. Task 3.Report A report will be generated that will document the location of each core based on the same stationing or other designations developed for the PCA. The report will document the thickness of asphaltic concrete encountered including visual delineation of any different layers and/or types of asphaltic concrete observed in the cores. The measured thickness of the flexible base will also be shown for each location. Compensation The services outlined in Tasks I through 3 will be performed on a unit fee basis with an assumed total budgetary estimate. With the requested frequency of cores and the scope length of roads of 14.88 miles,the estimate is based on a total of 30 cores. For purposes of this proposal,we are assuming an average thickness of three inches for the asphaltic concrete. We are also assuming that the coring can be finalized with five business days after starting,weather permitting. We will not exceed the five days effort without prior authorization. Permit fees are an estimate as discussed in our email of June I I We will invoice the actual costs with no markup once the permit fees are provided by Travis County and Village of Volente and there is a budget of$3,000 included in our estimate.The total estimated cost for this service is$24,560.00. See Attachment 2 for the breakdown of costs. Schedule TSIT and our subconsultants will work with BCRUA and Walker Partners to establish a mutually acceptable schedule once we receive authorization to proceed. We understand that the pre-construction survey is expected to occur starting July 18, 2022.Coring will be scheduled shortly after we get notice to proceed. a a PavemrdCongo Auemrt•pre COMUNCOM TaaUNjectPrten on TadrLTeSW Task3. Task 4 Report TOW s laborCategory Rate Unit 13Tort Coat Bfort Cast BTfart Cost Ow Cost � Principal S 185.OD hours 4 $ 790D 2 $ MOD 4 S 740.00 8 $ 1,480.00 ProjectMtanager $ MOD hours 8 $ 1,080.00 8 $ 1,080.00 4 $ 540.00 12 $ WHO •- ProjectEngineer $ 100.00 hours 0 $ 0 S 16 $ 1600.00 16 $ L600.00 r Staff Engineer $ 83.00 hours 4 $ 332.00 0 $ 16 $ 1329.OD 0 $ co Technologist $ 81.00 hours 8 $ MOO 24 $ 2,088.00 4 $ ADD 24 $ 2,088.00 � Technician $ 7800 hours 0 S 38 $ 2,964.00 24 S 1,812.OD 0 S rn ProjedControls $ 8L00 hours 4 $ ADD 2 $ MOD 0 $ 4 $ 348.00 c Proje[tSupport S 1200 hours 0 $ 0 $ 0 $ 6 $ 432.00 WorSubtotel 1$ 419600 $ Cs KOO S wo S 7X06 $ BNOO m Fapensefategorlt Rate Unit Anrwnrt Cost Amount Coat Amount Cost AmmM Cast DigitallmagingVehice $ 3,250.00 day 0 S 2 $ 6,50D.OD 0 S 0 $ Mkibilization/Demobilization $ 2,839.05 way 0 S 2 $ 5,618.10 0 $ 4 $ n "DataCDllection $ 1,916.30 day 0 $ 2 $ 3,83L6D 0 $ O S 3 ITT FxpenseSubtoGaf $ $ S $ AWN Total $ 3,19600 $ 2A,B8670 $ 4a00 $ 7,568 00 $ 39,878.70 'Field Testing Task 2Column includes datacollection acti itiesintheoffce "Data Collectionincludes data collection anjcollectioneffortj,mileage,andperdemmthefield D Pre-CorrdtionSurrey by Package R Travis County Package $ 13,55!.76 34%of the total Village of Volente Package $ 15„15390 38%ofthe total BCRUA Package S 4166.04 28%of the total Total Check $ 39,818.70 Package Cost Percentages per email of V1.3t'22 TS hndpal6ngaw-PCAMvWment 20hours@$L Alour=$Z7MOO N TSIT Markup of Wood Services is S%.Markup and Principal Engineer Project Managementdstubuted into the PCA Package Costs on a percentage basis based on email of qIj a z w z u d z n n Exhibit "A" ff ■ til TSAENGINEERING&CONSULTWG LLC Attachment 2: Estimated Costs for Pavement Thickness Services Estimated Budget Cost DIRECT LABOR Assumption/Remarks LABOR/STAFF CLASSIFICATION Hours/Unit CONTRACT RATE SUBTOTAL Project Manager 5 Hour $ 135.00 $ 675.00 Field Coordination,Field Supervision 20 Hour $ 105.00 S 2,100.00 SUBTOTAL $ 2,775.00 Unit Cost LABOR/STAFF CLASSIFICATION Total Hrs/Units UNIT RATE SUBTOTAL 14.813 miles of pavement,2 locations per Assumed Production locations mile for cori nS and base thickness per day for S days Assumed 3"thick average 6-in Diameter Cores90 Inch $ 17.50 $ 1,575.00 pavement In 30 Core Locations. Drilling base 30 locations $ 12.00 $ 360.00 Drill Bit wear 2 men assuming 5 days,10 Coring Crew,2 men 100 hour $ 75.00 $ 7,500.00 hours perda octal- octal ea. Flagging Crew,2 men 100 Each2 men assuming 5 days,10 $ 55.000 $ 5,500.00 hour er a ortal al ea. SUBTOTAL $ 14,935.00 OTHER DIRECT EXPENSES LABOR/STAFF CLASSIFICATION Hours/unit CONTRACT RATE SUBTOTAL Traffic Control Signs and equipment mobilization 5 Day $ 650.00 $ 3,250.00 Permit Fees,Travis County and Village of Volente** 1 Est $ 3,000.00 $ 3,000.00 Vehicle Y $ 50.000 12 Da 600.00 Charge TSITemployees,coring and PM $ SUBTOTAL GRANDTOTAL $ 24,560.00 Exhibit "A" ff:En i T-j TSIT ENGINEERING 6 CONSUL TING,LLC Attachment 3: Deliverables Packages and Map of Pavements in Assessment and Coring BCRUA Phase 2-PCI Deliverables Packages: 1)Travis County PCI,Video Log,and Photos(26,840 LF) Lime Creek Road(LCR)from Anderson Mill to the RWPS Video Log and Photos Only(17,600 LF) Trails End Road(TER)from 1431 to dead end at water 2)Village of Volente(VoV) —PCI,Video Log,and Photos(29,700 LF) LCR from RWPS to intersection of FM 2769 FM2769 from LCR to VoV Limits ..a,l.. Sherman and Bernard from LCR to the MB site •+•C41r1 Mb�MI� 3)BCRUA —PCI,Video Log,and Photos(4,430 LF) Side streets to the location of the Maintenance Bldg: Jackson Street,(other)Bernard Street and Arren Terrace PCI-price out separately(17,600 LF) Trails End Road(TER)from 1431 to dead end at water 2769 me reek oad } starts here Continue to 1431 rails End Road on beet p talon .e RWPS S,I;" he MB aura ee, • Exhibit "AIL ACORU CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDOnYYY} 6/3/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE; A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Risk StrateggleS NAME;- Hillary8 ant 12801 NortF Central Expy.Suite 1725 PHONE 214 323-4602 FAX Met. 214 503 8899 Dallas,TX 75243 2-1 -r"AIL certificatedallas risk-strafe ies.com INSURER$AFFORDING COVERAGE NAICS INSURER A: Travelers IndemnityCo of America 25666 INSURED INSURERB: Travelers Indemnity Company 25658 2211 Century Center Blvd TSIT Engineering Consulting, LLC INSURERC: Travelers Property Casualty Co of Amer 25674 Suite 101 INSURERD: Great Midwest Insurance Company 18694 Irving TX 75062 INSURERE: IksURER F COVERAGES CERTIFICATE NUMBER: 68599879 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -NSR ADDL SUOR LIYEFF M YTYPEOFINSURANC£ POLICYNUMBER MpNYYVI Ma� LIMITS B COMMERCIAL GENERAL LIABILITY �/ ✓ 6807NO20138 12/9/2021 12/9/2022 £AC1IOCCURRENCE 51000000 CLAIMS-MADE M OCCUR Ea oOGlrrence PREMISESDAMAGE' $1000000 ✓ X C UU Covered MED EXP(Any one person) i$ 000 PERSONAL A ADV INJURY S 1 000.000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,0130,000 POLICY 121JEC LOC PRODUCTS-COMPlOPAGG $ZOOOOOO HOTHER: $ B AUTOMOBILE LIABILITY ✓ ✓ BA2R345316 12/9/2021 12/9/2022 CON Ea aodd DISIN LE LIM-T S 1 OOD 000 ANY AUTO BODILY INJURY(Par person) S OWNED SCHEDULED BODILY INJURY P AUTOS ONLY AUTOS (Par accident) $ HIRED NON-OWNEO PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Par accident $H $ C ✓ UMBRELLALUSB ,/ OCCUR ,/ ,/ CUP5P905764 1219!2021 12/912022 EACH OCCURRENCE $4000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DEO I I FIET I S A WORKERS COMPENSATION UB2R845102 12/9/2021 12/9/2022 1 PER OTH- ANDEMPLOYERS LIABILITY YIN ✓ I r5TATUTE I ER ANYPROPMETORMARTNEWEXECUTWE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED9 ❑ MIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000 IIyean OPERATIONS below s.describe under DESCRIPTIONE.L.DISEASE-POLICY LIMIT $1.000.000 D Professional Liability AE-GM-0000281-00 12/9/2021 12/9/2022 Per Claim $1,000,000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101.Additional Remarks Schedule,may be attached N more space Is required) The Claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. Re:Brushy Creek Regional utility Authority-Phase 2 Raw Water Delivery System CERTIFICATE HOLDER CANCELLATION BCRUA General Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 221 East Main Street g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664 AUTHORIZfOREPRESENTATN£ Hillary Bryant • I//(,+r�NJJt ©198B-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 6OS99879 1 71/22 GL/AL/UL/WC/PL I Pacra 1 5/3/2022 12:14 i2S PM .-_i. . ORIGINAL EXECUTED DOCUMENT TO FOLLOW.. . BRUSHY CREEK REGIONAL UTILITY AUTHORITY PROFESSIONAL CONSULTING SERVICES FOR PAVEMENT CONDITION ASSESSMENT AND CONSTRUCTION MATERIALS TESTING SERVICES WITH TSIT ENGINEERING & CONSULTING LLC THIS AGREEMENT for professional consulting services related to pavement condition assessment/construction materials testing services for the Phase 2 Raw Water Delivery System Project (the "Agreement") is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as "BCRUA"), and TSIT Engineering & Consulting, LLC, located at 304 Hazlewood Street, Suite 3, Leander, Texas 78641 (the"Consultant"). RECITALS: WHEREAS, BCRUA has determined that there is a need for a pavement condition assessment/construction material testing services for the Phase 2 Raw Water Delivery System Project; and WHEREAS, BCRUA desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved. BCRUA reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 4887-3388-0100 ss2 2.01 PROPOSAL FOR SERVICES Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being attached hereto as Exhibit "A" titled "Scope of Work," which document is incorporated herein for all purposes. 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Such Services include both: 1) Construction Material Testing Services; and 2) Pavement Thickness Services. Such services shall be performed in the time frame agreed upon by the parties. Consultant's undertaking shall be limited to performing services for BCRUA and/or advising BCRUA concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in a professional and workmanlike manner. 4.01 LIMITATION TO SCOPE OF SERVICES Consultant and BCRUA agree that the scope of services to be performed is enumerated in Exhibit "A,"and Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit "A," however, either party may make written requests for changes to the Scope of Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid Supplemental Agreement as described in 9.01. 5.01 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, BCRUA agrees to pay Consultant in accordance with Exhibit "A," which document is attached hereto and incorporated herein for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit"A." Not-to-Exceed Total Payment for Services: Consultant's compensation for consulting services hereunder shall be paid as follows: (a) Consultant's payment for Construction Material Testing Services as set forth in Exhibit "A" shall not exceed Three Hundred Seventy Thousand Seven Hundred Sixty-Two and 50/100 Dollars($370,762.50). (b) Consultant's payment for Pavement Condition Assessment Services as set forth in Exhibit "A" shall not exceed One Hundred Twenty-Five Thousand Two Hundred Seventy-Four and 491100 Dollars ($125,274.49). Consultant's total payment for services set forth herein and in the attached Exhibit "A" shall not exceed Four Hundred Ninety-Six Thousand Thirty-Six and 991100 Dollars ($496,036.99) for the term of this Agreement. Payment for Reimbursable Expenses; There shall be no payments for reimbursable expenses included in this Agreement. 6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the BCRUA, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the BCRUA. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the BCRUA relative to service deliverables, Consultant shall comply promptly. In this regard, should the BCRUA determine it necessary, Consultant shall make all records and books relating to this Agreement available to the BCRUA for inspection and auditing purposes. Payment of Invoices: The BCRUA reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the BCRUA shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the BCRUA or because of amounts which the BCRUA has a right to withhold under this Agreement or state law. The BCRUA shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the BCRUA to Consultant will be made within thirty (30) days of the date the BCRUA receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the BCRUA receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the BCRUA in the event: (a) There is a bona fide dispute between the BCRUA and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 3 (c) The terms of a federal contract, grant, regulation, or statute prevent the BCRUA from making a timely payment with federal funds; or (d) The invoice is not mailed to the BCRUA in strict accordance with any instruction on the purchase order relating to the payment. 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the BCRUA's current revenues only. It is understood and agreed that the BCRUA shall have the right to terminate this Agreement at the end of any BCRUA fiscal year if the governing body of the BCRUA does not appropriate funds sufficient to purchase the services as determined by the BCRUA's budget for the fiscal year in question. The BCRUA may effect such termination by giving Consultant a written notice of termination at the end of its then current Fiscal year. 9.01 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by BCRUA Council or by the BCRUA Manager, if the BCRUA determines that there has been a significant change in (I) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties,of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement,and the BCRUA shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.01 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that the BCRUA may terminate this Agreement for the convenience of the BCRUA, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the BCRUA for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the BCRUA upon termination of this Agreement, and shall be promptly delivered to the BCRUA in a reasonably organized form without restriction on future use. Should the BCRUA subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the BCRUA and the terminated party to fulfill contractual obligations. Termination under this 4 section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the BCRUA to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the BCRUA shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the BCRUA, the cost to the BCRUA of employing another firm to complete the useable work, and other factors will affect the value to the BCRUA of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the BCRUA to pay for any work which it deems unsatisfactory,or which is not performed in compliance with the terms of this Agreement. 11.01 NON-SOLICITATION All parties agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 BCRUA'S RESPONSIBILITIES Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide BCRUA with a comprehensive and detailed information request list, if any. 13.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the BCRUA's employee. Consultant's employees or subcontractors are not the BCRUA's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the BCRUA agree to the following rights consistent with an independent contractor relationship: 5 (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perfoml services required hereunder, and the BCRUA shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the BCRUA in skills necessary to perform services required by this Agreement. (6) BCRUA shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the BCRUA. 14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the BCRUA for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the BCRUA is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the BCRUA's business and any other information which reasonably should be understood to be confidential to BCRUA is confidential information of BCRUA. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The BCRUA's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to 6 protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Any and all materials created and developed by Consultant in connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of BCRUA at the expiration of this Agreement. 15.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work no in compliance with this representation. 16.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the BCRUA or of this Agreement, then and in that event the BCRUA shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to the BCRUA's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein,then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the BCRUA, its directors, employees or agents. In no event shall Consultant be liable to the BCRUA, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Consultant), whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by the BCRUA to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 17.01 INDEMNIFICATION Consultant agrees to hold harmless and indemnify BCRUA, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable. 7 To the extent allowable by law, BCRUA agrees to hold harmless and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by BCRUA's negligence. 18.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 19.01 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The BCRUA will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the BCRUA shall provide Consultant with a certificate from the Texas State Comptroller indicating that the BCRUA is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 20.01 COMPLIANCE WITH LAWS A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, statutes, codes, ordinances, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights, if required in the performance of the services contracted for herein, and same shall belong solely to the BCRUA at the expiration of the term of this Agreement, B. In accordance with Chapter 2271,Texas Government Code,a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) and will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 8 C. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Consultant verities Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. D. In accordance with 2274, Texas Government Code, a govemmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Consultant verifies Consultant does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. 21.01 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 22.01 DESIGNATION OF REPRESENTATIVES The BCRUA hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Karen Bondy General Manager 221 East Main Street Round Rock, TX 78664 kbondy@bcrua.org 23.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 9 Notice to Consultant: TSIT Engineering& Consulting, LLC 304 Hazlewood Street, Suite 3 Leander,Texas 78641 Notice to BCRUA: Brushy Creek Regional Utility Authority 221 East Main Street Round Rock,TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the BCRUA and Consultant, 24.01 INSURANCE Consultant shall meet all BCRUA's Insurance Requirements as evidenced in Exhibit"B," "Certificate of Insurance,"attached hereto and referenced herein for all purposes. 25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 26.01 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 27.01 DISPUTE RESOLUTION The BCRUA and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 10 28.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 29.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsuitants, in a manner acceptable to the BCRUA and according to generally accepted business practices. 30.01 GRATUITIES AND BRIBES BCRUA, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by BCRUA that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any BCRUA Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 31.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 32.01 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to BCRUA due to Consultant's failure to perform in these circumstances, BCRUA may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of BCRUA's additional legal rights or remedies. II BCRUA shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, Fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The BCRUA agrees to provide Consultant with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. Brushy Creek Regional Utility Authority TSIT En 'veering & Consulting, LLC By: By: Printed N e: y�p, 56�� Printed Name: x Title: Si Title: Date Signed: I� Date Signed: For BCRUA, Approved as to Form: By: — „ 4. Stephan . Sheets, BCRUA Attorney 12 Exhibit "A" ffIt �� June 14, 2022 GEOTECHNICALGCONSTRUCt4ON MATERIALS TESTING Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock, TX 78664 Attn: Ms. Karen Bondy,GM E kbondy@bcrua.org Re: Pavement Condition Assessment/CMT Testing BCRUA—Phase 2 Raw Water Delivery System Williamson County,Tx TSIT Estimate of Fees No. P22087-1 Ms. Bondy: TSIT Engineering and Consulting, LLC is delighted for this opportunity to submit our estimate of fees for Pavement Condition Assessment and Construction Material Testing Services on the above referenced project.Our(TSIT)estimate is based on review of project plans,specifications and addendums(1-6) prepared by Walker Partners/Freese and Nichols,dated 8/31/2021. We anticipate: • Existing Pavement Condition Assessment including coring • Soils Testing(Civil and Structural) • Laboratory Testing for Native and Imported Soils and Aggregates. • Testing of Concrete Placement for Civil and Structural placements. • Testing of Flowable Fill Placements for Site Civil Structure Backfill • Testing of Shotcrete for Tunnel Walls placements. • Testing of Grout Placements for Tunnels and Shafts • Testing of HMAC Placements(Field and Laboratory) • Structural Steel Inspections(Structural Bolted and Welded Connections) • Project Management and Administration Sincerely, T. Smith Testing& Inspection,LLC. Firm Registration F-5278 Aaron Cotton,Jr., Vice President Director of Central Texas Operations Attachment: Estimate of Testing Costs Fort Worth: Dallis: AHretin 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St.,Ste 3 Fort Worth,Texas 76118 Irving,Texas 75062 Leander,Texas 78641 Phone (817)589 9933 Phone.(972)673 6083 Phone.(512)337-5596 Exhibit "A" ffgit GEOUCNNICAL 8 CONSTRUCTION - MATERIALS TESTING - ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P22087-1 BRUSHY CREEK REGIONAL UTILITY AUTHORITY PHASE 2 RAW WATER DELIVERY SYSTEM WILLIAMSON COUNTY,TX SERVICE Unit Rate Units Unit Cost SOILS Soil Testing $75.00 350 hour $26,250.00 Soil Testing(Overtime) $112.50 25 holy $2,812.50 Moisture Density Relations ASTM-0698 $200.00 15 each $3,000.00 Moisture Density Relations Tex-I 13E $250.00 5 each $1,250.00 Atterberg Limits $75.00 15 each $1,125.00 Decant (-200) $75.00 15 each $1,125.00 Nuclear Field Density Test $25.00 450 each $11,250.00 Concrete/Cellular Grout/Flowable Fill& Tunnel Grout Concrete Inspection $75.00 1150 hour $86,250.00 Concrete Inspection Overtime $112.50 200 hour $22,500.00 Concrete Cylinders(6 per set) $25.00 1450 each $36,250.00 Cellular Grout Cylinders $25.00 600 each $15,000.00 Tunnel and Shaft Grout Cylinders $25.00 200 each $5,000.00 Concrete Cylinder Pickup $75.00 700 hour $52,500.00 SHOTCRETE Shotcrete Inspection $75.00 100 hour $7,500.00 Shotcrete Cores (4 per panel) $60.00 60 each $3,600.00 Shotcrete Panel Pickup $75.00 40 hour $3,000.00 HM AC Asphalt Field Inspector#I (TxDOT Level IB) $75.00 8 hour $600.00 Asphalt Field Inspector#2 (TxDOT Level I B) $75.00 8 hour $600.00 Asphalt Content(Ignition Burn Oft) $175.00 4 each $700.00 Maximum Theoretical Specific Gravity(of Asphalt Mixture) $100.00 4 each $400.00 Percent Density?Air Voids (Lab Molded)(set of 3) $125.00 4 set $500.00 HMAC Cores(4.0"diameter) $17.50 8 inch $140.00 Percent Density-'Air Voids (cores) $40.00 4 each $160.00 Fort Worth: Dallas: Austin 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St.,Ste 3 Fort worth,Texas 76118 Irving.Texas 75062 Leander,Texas 78641 Phone (817)580 9933 Phone:(972)573 6083 Phone (512)337.5596 Exhibit "A" ff ■ 9i GEOTECHNICAL&CONSTRUC PION ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P220'97_rTERIALSTESTtNG BRUSHY CREEK REGIONAL UTILITY AUTHORITY PHASE 2 RAW WATER DELIVERY SYSTEM WILLIAMSON COUNTY,TX SERVICE Unit Rate Units Unit Cost TRAVEL Trip Charge(each) $50.00 750 each $37,500.00 PROJECT MANAGEMENT Principal Engineer $135.00 50 hour $6,750.00 Project Management $105.00 200 hour $21,000.00 Clerical $55.00 200 hour $11,000.00 Safety Training $75.00 40 hour $3,000.00 PAVEMENT CONDITION ASSESSMENT Existing Pavement Condition Assessment $44,572.64 1 Ls $44,572.64 Post Construction Condition Assessment $56,141.85 1 Ls $56,141.85 Pavement Thickness Services $24,560.00 1 t-s $24,560.00 Contingency _ Contingency $10,000.00 1 Ls $10,000.00 ESTIMATED BUDGET: $496,036.99 NOTES: 1)1'h is is an estimate of the cost for testing and inspection,Construction schedules and unforeseen circumstances may affect the final cost.Only work performed will be invoiced.This is not a guarantee not to exceed cost estimate,if it becomes apparent the cost estimate will be exceeded,wve will notify ourelient as soon as this situation is noted. 2)All services billed at a hourly rate and charged at the applicable rate,portal-to-portal with a 2 hour minimum. 3)Overtime rates of 1.5 times the regular hourly rate will be charged forhours worked over 10 hours per day Monday lhru Friday between 5:00pmand 7:00amoron Saturdays.Services performed on Sundays and recognized holidays will be billed at 2.0 times the regular hourly rate. 4)Additional test not specified in this proposal will be quoted upon request. 5)The estirnated units above do not include stand-by-time for contractor non-readiness or retests of previously failing tests. Payn nt Terns Net.30 Days Fort worth: gam; AIMUt; 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St..Ste 3 Fort Worth.Texas 76118 Irving.Texas 75062 Leander,Texas 78641 Phone:(817)589 9933 Phone (972)573 6083 Phone:(512)337-5596 r Exhibit "A" ff91TJ TUT ENGINEERING d CONSULTING,LLC June 14,2022 Brushy Creek Regional Utility Authority 221 E. Main Street Round Rock, TX 78664 Attn: Ms. Karen Bondy, GM E kbondy@bcrua.org Re: Pavement Condition Assessment/CMT Testing BCRUA Phase 2 Raw Water Delivery System Williamson County,Tx TS1T Estimate of Fees No. P22087-2 PCA& Pavement Thickness,Scope& Fee Rev Ms. Bondy: The following document fully explains our understanding of the scope and fees for proving the Pavement Condition Assessment(PCA)and Pavement Thickness services requested during our meeting on May 24,2022 with BCRUA and Walker Consultants. Our estimate is based on our meeting with Freese&Nichols, Inc.(F&N) on June 1,emails received from 3/31 to 613 and revised today based on our meeting Thursday and today's reviews. TSIT is teaming with Wood Environmental & Infrastructure Solutions, Inc.to provide the PCA services. We anticipate: • Existing Pavement Condition Assessment services per ASTM D6433. Delineation of the pavements to be assessed and the breakdown of the deliverable's packages for the PCA was provided by F&N in an email on May 27. • Initial assessment to be performed prior to the start of construction activities. Final review to be performed on completion of all construction activities.Both assessments to be performed as one complete assessment with deliverables broken down per the packages described above. See discussion in the compensation section of this document on time of final assessment. • Pavement Thickness Services are included for providing existing pavement sections at random locations based on the request during our meetings on June land 9 and emails on June 2 & 3. Coring is a one-time activity to be performed prior to start of construction or at time designated by the client. • The breakdown of deliverables and map of areas to be assessed as Attachment I &3 for reference. • Project Management and Administration The scope and estimated costs are provided in this document. Please feel free to contact the undersigned with any questions regarding this section of the proposal Sincerely, T. Smith Testing& Inspection,LLC. Firm Registration F-5278 Kemp E Akeman, PE Ex, Vice President Attachment: Detailed Scope and Estimate of Fees Exhibit "A" ffE it TSITEWUNEEMNG&coNsmnNG LLC Section 1: Pavement Condition Assessment Objective& Scope of Work The objective of this work is to evaluate the pavement surface condition before and after the BCRUA Phase 2;RWDS construction event during which increased traffic is expected.To meet this objective,Wood,our subconsultant will perform the following tasks under the supervision of TSIT. Task I.Project Preparation TSIT along with our subconsultant will work together to initiate the project,obtain records,and establish channels of communication to include: • Obtaining a site plan with network of pavements to be evaluated and project stationing. • Establish direction and lane designations. • Review the overall project schedule deliverable milestones • Develop a detailed testing plan. • Develop a safety plan for onsite work • Other points of coordination identified by the parties. TSIT assumes no permits are required for the PCA activity. Task 2.Field Survey and Inspections TSIT and our subconsultants will coordinate,schedule,and communicate field actions with BCRUA,Walker Partners and affected governmental agencies if required to minimize impact on operations for the project. Prior to construction,Wood will perform distress surveys of the pavement surface in accordance with ASTM D6433-20"Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys."These surveys will be performed by digital imaging surveys using the survey vehicle.The survey vehicle operates at roadway speeds and does not require lane closure. We will survey the route as identified by F&N and shown as Figure 2. The survey vehicle captures downward images of the pavement surface and forward images from a camera mounted on the vehicle's windshield. We estimate data collection will be completed in two days,weather permitting and generally unobstructed access.The first day will be used to collect the imaging described above,while the second day will be used to obtain photos of the right-of- way at select locations along the route. Data collection possibly authorized after July 18,2022- A second survey will be performed at the completion of construction. See compensation section for time of final survey after construction.Construction is anticipated to span S years. Task 3.Data Processing and Condition Analysis The road network will be partitioned into analysis segments based on visually observed changes in construction(pavement type,width,etc.)apparent differences in overall condition,at major intersections,and other landmarks as deemed significant by our team.The severity and quantity of observed distress will be used to estimate the Pavement Condition Index(PC[)for each pavement segment in accordance with ASTM D6433-20.This data will be used to identify the general condition of each segment as identified within ASTM D6433-20. Color coded maps will be developed for the condition of the pavement surface in accordance with the ASTM D6433-20 standard. The analysist will link the pavement sections surface and forward windshield view images to the location these were collected in a kml file that may be viewed in Google Earth.One(I)file will be developed for each direction and type of image(downward or forward) for a total of four(4)viewing files for each survey event. Exhibit "A" ffgit ISITENGINEERING&CONSULTING LLC Task 4.Report For each survey event,the team will develop three(3)reports.Each report will provide a brief description of the work performed,assumptions,PCI results and images collected.The reports will be grouped as follows: • Travis County . PCI,Video log,and Photos for Lime Creek Road from Anderson Mill to the RWPS(Pump Station) v Video log and Photos for Trails End Road from FM 1431 to dead end at the water • Village of Volente PC[,Video log,and Photos for Lime Creek Road from RW PS(Pump Station)to the intersection of FM 2769 PC[,Video log,and Photos for FM 2769 from Lime Creek Road to Village of Volente Limits PCI,Video log,and Photos for Sherman and Bernard from Lime Creek Road to the Maintenance Building site. • BCRUA Combined contents of the Travis County and Village of Volente Reports t PCI for Trails End Road from FM 1431 to dead end at the water o PCI,Video Log,and Photos for Jackson,Bernard and Arren Terrace to the Maintenance Building Compensation The services as outlined in Tasks I through 4 will be performed for the lump sum TOTAL prices identified in Table 1. The price breakdown by report is provided as a convenience and comprises a number of shared components. If the reporting requirements are modified,a revised proposal will be required.For purposes of this proposal,the post-Construction price was assumed to be performed at the completion of all construction activities. This assumption is based on the complexity of the multiple pieces of the deliverables packages and the necessity of estimating multiple mobilizations and work assignment completions.Since the major impacts to roads is heavy truck traffic,the only impact assumed to portions of this project not utilized from years 3 to 5 would likely only be environmental ones for hot mix pavements.Level of Effort,Markup and Project Management information is detailed in Attachment 1.Sum of all costs is shown in Table 1. Table 1. Price Breakdown b Re ort Report Pre-Construction Post-Construction Travis County $15,154.70 $19,08$..23 Village of Volente $16,937.60 $21,333.90 BCRUA $12,480.34 $15,719.72 TOTAL $44572.64 $56,141.85 Once a test schedule has been developed and approved by all parties,cancellation by others without 46 hours prior notice to TSIT will incur a cancellation charge of$1,950. Due to the urgency of this project and with careful coordination we would not anticipate this being utilized. Schedule TSIT and its subconsultants will work with BCRUA and Walker Partners to establish a mutually acceptable schedule once we receive authorization to proceed. We understand that the pre-construction survey is expected to be authorized after July 18,2022. Exhibit "A" Nit TSIT ENGINEERING E CONSULnW.LLC Section 2: Pavement Thickness Services Objective & Scope of Work The objective of this work is to provide actual pavement and base thickness documentation at the time of the pre-construction in conjunction with the PCA services outlined in Attachment 2. To meet this objective,TSIT will perform the following tasks. Task II. Project Preparation TSIT will initiate the project,obtain records,and establish channels of communication to include: • Obtaining a site plan with network of pavements to be evaluated and project stationing. • Review the overall project schedule and timing in conjunction with services provided by Wood. • Develop a detailed core location plan. • Review safety and coordinate with a traffic control company to obtain core and thickness data. • Other points of coordination identified by the parties. TSIT will obtain all necessary permits by both Travis County and the Village of Volente. Task 2.Coring and Thickness Measurements The spacing of cores was directed by F&N from our meeting on June 9 is 2 locations per mile.Once the core locations are determined,TSIT will coordinate with the traffic control company and determine the work area for each day's work. After coring through the asphalt pavement,a drill will be used to penetrate the flexible base and the total depth will be determined using a tape measure and wire.The cored pavement will then be patched with cold mix patch material which will be compacted. Our scope of services does not include any sampling or testing of the subgrade below the flexible base,nor does it include any testing of the cores for density or composition of the asphaltic concrete. Task 3. Report A report will be generated that will document the location of each core based on the same stationing or other designations developed for the PCA. The report will document the thickness of asphaltic concrete encountered including visual delineation of any different layers and/or types of asphaltic concrete observed in the cores. The measured thickness of the flexible base will also be shown for each location. Compensation The services outlined in Tasks I through 3 will be performed on a unit fee basis with an assumed total budgetary estimate. With the requested frequency of cores and the scope length of roads of 14.88 miles,the estimate is based on a total of 30 cores. For purposes of this proposal,we are assuming an average thickness of three inches for the asphaltic concrete. We are also assuming that the coring can be finalized with five business days after starting,weather permitting. We will not exceed the five days effort without prior authorization.Permit fees are an estimate as discussed in our email of June l I We will invoice the actual costs with no markup once the permit fees are provided by Travis County and Village of Volente and there is a budget of$3,000 included in our estimate.The total estimated cost for this service is$24,560.00. See Attachment 2 for the breakdown of costs. Schedule TSIT and our subconsultants will work with BCRUA and Walker Partners to establish a mutually acceptable schedule once we receive authorization to proceed. We understand that the pre-construction survey is expected to occur starting July 18, 2022.Coring will be scheduled shortly after we get notice to proceed. a PaaemerrKwOmAWMAt•Pre CorOXdtwn TaskLPro dPreparation TaSkIFieMTesting' Tans k3.Aralysis TasIk4.Report TOW 0 laborCatepory Rate Unit lDfart Cost I3fort Cost Effort cost Effort Cost Principal $ MOD hours 4 $ 790D 2 $ 370.00 4 S 740.00 8 $ 1,480.00 Project Manager $ MOD hours 8 $ 1,000.00 8 $ 1,080.00 4 $ 540.00 12 $ 1,620.00 Project Engineer $ 100.00 hours 0 $ 0 $ 16 $ 1,600.00 16 $ L60a00 Staff Engineer $ 83.00 hours 4 $ 332.00 0 S 16 $ tMODI 0 S �_ Technologist $ 81.00 hours 8 $ 696.00 24 $ 2088,00 4 $ 348.00 24 $ 2,080.00 0 —n Technician $ 78.00 hours 0 $ - 38 $ 2964.00 24 S i,8T2.00 0 $ m ProjectControls S 87.00 hours 4 $ 340.00 2 $ 174.00 0 $ 4 $ 348.00 Project Support S 7100 hours 0 $ 0 $ 0 S 6 $ 432.00 iaborsubt w Is 419600 S UNN $ MOO $ 7,s6!<OO $ 13 MOV Ex penseOr" Rate Unit Mount Cost Amount Cost Amount Cast Amount Cost DigitallmagingVehide $ 3,250100 day 0 $ 2 $ 6,500.00 0 S 0 $ Mobilization/Demobilization S 2,834.05 1 way 0 $ 2 $ 5,678.10 0 $ 0 $ n "DataColledion S 1,916.30 day 1 0 S 2 $ 3,832.60 0 $ 0 $ X CL row $ $ 1CsO1OlA1 S S S 1G x _; =r$ 3,MW $ 70 S 4410 $ 7,568A0 $ N,870.70 0 a a ^` 'Field Testing Task 2Column includes data collectionacktiesinthe office "Data Collection includes data collection crew(collectioneffor�,mileage,andperdiemmthefield. y D y a CD Pre-Car&on Surd by Padege Travis County Package $ 13,55x76 34%of the total Village of Volente Package S 15,15390 38%of11e total OCRUAPadkage $ 1LU 04 211%of the total Total Check $ 39,11IX70 Package Cost Percentages per email of 6IIV22 T51TPrindpalEngineer-PCAMarWment 2D hours!>nSLVHw $2,70000 TSIT Markup of Wood Services is 5%.Markup and Principal Engineer Project Managementdiistubuted into the PCA Package Costs on a percentage basis based on email of a U z _. z CI r n Exhibit "A" 99■ TSITENGWEERING&CONSULTING LLC Attachment 2: Estimated Costs for Pavement Thickness Services Estimated Budget Cost DIRECT LABOR Assumption/Remarks LABOR/STAFF CLASSIFICATION Hours/Unit CONTRACT RATE SUBTOTAL Project Manager 5 Hour $ 135.00 $ 675.00 Field Coordination,Field Supervision 20 Hour $ 105.00 5 2,100.00 SUBTOTAL $ 2,775.00 Unit Cost LABOR/STAFF CLASSIFICATION Total Hrs/Units UNITRATE SUBTOTAL 14.88 miles of pavement,2locations per Assumed Production6 locations mile for coring and base thickness per day for S days Assumed 3"thick average 6•inDiameter Cores 90 Inch $ 17.50 S 1,575.00 pavement in 30 Core locations. Drifling base 30locations $ 12.00 $ 360.00 Drill Bit wear 2 men assuming S days,10 Coring Crew,2 men 100 hour $ 75.00 $ 7,500.00 hours perda ortal- ortal ea. 2 men assuming 5 days,10 F1 aggingCrew,2 men 1001 EaCh 1 $ 55.000 $ 5,500.00 hours Per day Vortal-portal ea. SUBTOTAL $ 14,935.00 OTHER DIRECT EXPENSES LABOR/STAFF CLASSIFICATION Hours/Unit CONTRACT RATE SUBTOTAL Traffic Control Signs and equipment mobilization 5 Day $ 650.00 $ 3,250.00 Permit Fees,Travis County and Village of Volente" 1 Est 1 $ 3,000.001 $ 3,000.00 Vehicle Charge r 12 Day 1 $ 50.000 $ 500 00 TSIT employees,coring and PM SUBTOTAL $ 6,850.00 GRANDTOTAL $ 24,560.00 Exhibit "A" ■ 1SIr ENGINEERING 6 CONSULTING,LLC Attachment 3: Deliverables Packages and Map of Pavements in Assessment and Coring BCRUA Phase 2-PCI Dellverables Packages: 1)Travis County PCI,Video Log,and Photos 126,840 LF) Ume Creek Road(LCR)from Anderson Mill to the RWPS Video Log and Photos Only(17,600 LF) Trails End Road(TER)from 1431 to dead end at water 2)Village of Volente(VoV) PCI,Video Log,and Photos(29,700 LF) Lao" LCR from RWPS to Intersection of FM 2769 "' FM 2769 from LCR to VOV Limits d..-w... Sherman and Bernard from LCR to the MB site .aawwu.r 3)SCRUA —PCI,Video Log,and Photos(4,430 LF) Side streets to the location of the Maintenance Bfdg: Jackson Street,(other)Bernard Street and Arren Terrace PCI-price out separately(17,600 LF) Trails Erd Road(TER)from 1431 to dead end at water 2769 Lime Creek Road M 2769 starts here Continue to 1431 rails End Road a on Street Prrma Star-0n Ito RWPS Bui B S4e9 MB arnard Street Exhibit "A" AV ROS CERTIFICATE OF LIABILITY INSURANCE DATEtMMIDDIYYYY) 613/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER Risk Strategies NAME: Hills B ant 12801 North Central Expy.Suite 1725 PNGNE 214 323-4602 uc N 214 503-8899 Dallas,TX 75243 certificatedallas risk-strafe ies.com INSURERS AFFORDING COVERAGE MAIC/ INSURER A: Travelers Indemnity Co of America 25666 INSURED INSURERR: Travelers Indemnify Company 25658 TSIT Engineering&Consulting, LLC 2211 Century Center Blvd INSURER c: Travelers Property Casualty Co of Amer 25674 Suite 101 INSURER°: Great Midwest Insurance ComRany 18694 Irving TX 75062 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 68599879 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE A POLICYEFF POUCYEXP LTR POLICYNUMBER MMIDDIVYM IMM1DD1YYY" LIMITS B COMMERCIAL GENERALUABILITY ✓ ✓ 6807NO20136 12/9/2021 12!912022 EACHOCCURRENCE $1000000 CLAIMSMAOE OCCUR DAMAGE TO RE T PREMISES £a o rrenra S 1 000 000 ✓ X C U Covered MED EXP(Any one person) S 5 000 PERSONAL 6 ADV INJURY S1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 P1POLICY0JEC LOC PRODUCTS-COMPIOP AGO $2000000 OTHER: 5 $ AUTOMOBILE LIABILITY ✓ ✓ $A2R345316 12/912021 12/912022 EOM13INED SINGLE LIMIT S1,000,000 • n ANY AUTO BODILY INJURY(Per person) S OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Par accident) $ HIRED NON43WNED PROPERTYOAMAGE AUTOS ONLY AUTOS ONLY per accident $ 5 C / UMBRELLALIAS ,/ OCCUR ,/ ,/ CUP5P905764 12/9/2021 12/9/2022 FACHOCCURRENCE 54000000 EXCESS LIAR CLAIMS-MADE AGGREGATE 5 4,000000 DED I I RETENTIONS S A WORKERS COMPENSATION ✓ UB2R845102 12/9/2021 12/9/2022PER OTH- AND EMPLOYERS'LIABILITY YIN ✓ STATUTE ER ANYPROPMETORfPARTNEPJEXECUTIVE E.L.EACH ACCIDENT S 1 000 000 OFFICEWMEMBEREXCLUDEO? NIA (Maulstoryln NH) E.L.DISEASE-EA EMPLEYEE $ If yyees,describe undo 0ESCRIPTION OF OPERATIONS below E.L.OISEASE-POLICY LIMIT $1 000 000 D Professional Liability ✓ AE-GM-0000281-00 12/912021 12/9/2022 Per Claim $1,000,000 Annual Aggregate $2,000,000 OESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached B mom space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. Re:Brushy Creek Regional Ufilily Authority-Phase 2 Raw Water Delivery System. CERTIFICATE HOLDER CANCELLATION BCRl1A General Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664 AUTHORIZED REPRESENTATIVE Hillary Bryant ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 6BS99079 121/22 GL/AL/12L/WC/PL I Pacra 15/3/2022 12:34:25 PM =--T. - —e L CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 if there are interested parties OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-900795 TSIT Engineering and Consulting,LLC Leander,TX United States Data Filed: Name of governmental entity or state agency that Is a party tot the contract for which the form s06117!2022 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other properly to be provided under the contract P22087 Pavement Condition Assessment and Construction Materials Testing Services 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary S Check only if there Is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is _ ._ aril my dale of birth is _ My address rs �� i��/ o J�� s!ryi. � e1.f�I�G I. MAW( (street) ;city) 4sule) Itro code) (country) I declare under penalty of perjury that the loregotng is true and correct EKecuted in il� S/h _County, Slato of_ `� _. W 11.01_7';ay of.74" (monthi {yfir) 1;gnatur?of a.ithor zed agent of contracting busy. ty ;Declarant) Forms provided by Texas Ethics Commission www,ethics stateu us Version V1.1.19lb5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested patties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-900795 TSIT Engineering and Consulting, LLC Leander,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is06/17/2022 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 06/17/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. P22087 Pavement Condition Assessment and Construction Materials Testing Services Nature of interest a Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (c ty (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of w,on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state tx.us Version V1.1.191b5cdc DATE: June 17, 2022 SUBJECT: BCRUA Board Meeting—June 22, 2022 ITEM: 6E. Consider a resolution authorizing the President to execute the Professional Consulting Services Agreement for Phase 2 Raw Water Delivery System Construction Materials Testing Services to TSIT Engineering and Consulting, LLC. PRESENTER: Karen Bondy, General Manager BACKGROUND/JUSTIFICATION: BCRUA published a Request for Statements of Qualification for Professional Consulting Services Agreement for Pavement Condition Assessment and Construction Materials Testing Services on April 8, 2022. On May 3, 2022,six responsive Statements of Qualifications(SOQs)were received.The SOQs were evaluated and ranked based on the following selection criteria: 10%for Qualifications and Availability,30%for Proposed Staff, and 60%for Project Experience. Based on evaluation of the SOQs by Staff,the Operating Committee (O.C.), and the recommendation of our design engineer,Walker Partners/Freese and Nichols JV,the highest ranked respondent as determined by the selection criteria and ranking assessment is TSIT ENGINEERING &CONSULTING, LLC (TSIT). Staff and Walker Partners then met with TSIT to present and discuss the scope of the project. A cost proposal was received from TSIT and reviewed by the OC. Staff and the OC agree unanimously to recommend award of this Phase 2 Raw Water Delivery System construction materials testing services contract to TSIT ENGINEERING &CONSULTING, LLC in the amount of$496,036.99. FUNDING: Funding for this contract includes 2021 SWIFT Loan funds from Leander and Cedar Park and subsequent council meetings,as well as cash from Round Rock. Staff,OC representatives, and representatives of Walker Partners will be available to answer any Board questions.