BCRUA-2024-011 - 6/26/2024AGREEMENT BETWEEN BRUSHY CREEK REGIONAL UTILITY AUTHORITY
AND TERRACON CONSULTANTS, INC
FOR CONSULTING SERVICES FOR
MATERIALS OBSERVATION AND TESTING
THIS AGREEMENT for professional consulting services related to construction
materials testing services for the Brushy Creek Regional Utility Authority Phase 2 Raw Water
Delivery System (the "Agreement") is made by and between the BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as "BCRUA"),
and TERRACON CONSULTANTS, INC., located at 800 Paloma Drive, Suite 150, Round Rock,
Texas 78665 (the "Consultant").
RECITALS:
WHEREAS, BCRUA has determined that there is a need for a construction materials
observation and testing services, herein referred to as "Consulting Services" for the Brushy
Creek Regional Utility Authority Phase 2 Raw Water Delivery System; and
WHEREAS, Consultant provided the BCRUA with its proposal to provide the needed
Consulting Services, which said proposal is attached hereto as Exhibit "A;" and
WHEREAS, BCRUA desires to contract for such Consulting 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
Consulting Services specified herein is achieved.
BCRUA reserves the right to review the Agreement at any time, and may elect to
terminate the Agreement for convenience, with or without cause.
e)c.,euA,-2.a2
4877 7907-2457
2.01 PROPOSAL FOR SERVICES
Consultant has issued its proposal for the Consulting Services for the tasks delineated
therein, such proposal being attached hereto as Exhibit "A," and incorporated herein for all
purposes.
3.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all Consulting Services described herein as the
Scope of Services and as described in Exhibit "B." Such Consulting 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 Consulting Services in
accordance with this Agreement, in accordance with the attached Proposal and Scope of
Services, and in a professional and workmanlike manner.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and BCRUA agree that the Consulting Services to be performed is described
in Exhibit "B," Scope of Services and Consultant shall not undertake work that is beyond the
Scope of Services. Provided however, either party may make written requests for changes to the
Scope of Services. To be effective, a change to the Scope of Services must be negotiated and
agreed to and must be embodied in a valid Supplemental Agreement as described in 9.01.
5.01 COMPENSATION
BCRUA shall pay and Consultant agrees to accept the amount shown below as full
compensation for all Consulting Services performed and to be performed under this Agreement.
Engineer shall be paid on the basis of actual hours worked by employees performing
work associated with this Agreement, in accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for direct cost expenses shall be based on the actual costs.
The total compensation for Consulting Services hereunder shall not exceed the sum of
Two Hundred Eighty Thousand and No1100 ($2$0,000.00). Consultant shall prepare and
submit to BCRUA monthly progress reports in sufficient detail to support the progress of the
work and to support invoices requesting monthly payment. Satisfactory progress of work shall be
an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental 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 Consulting Services
rendered. Such invoices for Consulting Services shall track the referenced Scope of Work, and
l)
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 Scope 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.
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
(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.
3
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 affect 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 Board or by the BCRUA General Manager, if the BCRUA
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement
must be executed by both parties within the period specified as the term of this Agreement.
Consultant shall not perform any work or incur any additional costs prior to the execution, by
both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work
done or materials furnished unless and until there is full execution of any Supplemental
Agreement, and the BCRUA shall not be responsible for actions by Consultant nor for any costs
incurred by Consultant relating to additional work not directly authorized by Supplemental
Agreement.
10.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the BCRUA may terminate
this Agreement for the convenience of the BCRUA, upon thirty (30) days' written notice to
Consultant, with the understanding that immediately upon receipt of said notice all work being
performed under this Agreement shall cease. Consultant shall invoice the BCRUA for work
satisfactorily completed and shall be compensated in accordance with the terms hereof for work
accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to
any lost or anticipated profits for work terminated under this Agreement. Unless otherwise
specified in this Agreement, all data, information, and work product related to this project shall
become the property of the BCRUA upon termination of this Agreement and shall be promptly
delivered to the BCRUA in a reasonably organized form without restriction on future use.
Should the BCRUA subsequently contract with a new consultant for continuation of service on
the project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
BCRUA and the terminated party to fulfill contractual obligations. Termination under this
section shall not relieve the terminated party of any obligations or liabilities which occurred prior
to termination.
Nothing contained in this section shall require the BCRUA to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
4
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:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
5
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the BCRUA shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the BCRUA in skills necessary to perform services required by this Agreement.
(b) 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 BCRUA's business and any other information which
reasonably should be understood to be confidential to BCRUA is confidential information of
BCRUA. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The BCRUA's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of BCRUA at the expiration of this Agreement.
15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work not 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 BCRUA, its directors, employees or
agents.
In no event shall Consultant be liable to the BCRUA, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the BCRUA to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify BCRUA, its officers, agents, directors,
servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of
any character, type, or description, including but not limited to any and all expenses of litigation,
court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by
Consultant's negligent performance of professional services under this Agreement and that of its
subconsultants or anyone for whom the Consultant is legally liable.
To the extent allowable by law, BCRUA agrees to hold harmless and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other
costs and fees to the extent caused by BCRUA's negligence.
7
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other parry'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.
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) fiill-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.
8
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:
Sam Roberts
General Manager
221 East Main Street
Round Rock, TX 78664
sroberts(( roundrocktexas_gov
23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Terracon Consultants, Inc.
800 Paloma Drive, Suite 150
Round Rock, Texas 78665
9
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
"D," "Certificate of Insurance," attached hereto and referenced herein for all purposes.
25.01 APPLICABLE LAW AND ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of Texas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties expressly
agree that, in the event of any conflict between the terms of this Agreement and any other
writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any
of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
The BCRUA and Consultant hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement, or a breach thereof shall be decided by
any arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
28.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
101
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.
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
11
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 U ' ity Authority
By:
Ren nFlores
Pre ' ent
Date Signed: (a 1 2�'' 4 �±
For BCRUA, Approved as to Form:
By: 4X3 L. 441h
Stepha4 L. Sheets, BCRUA Attorney
Terracon Consultants, Inc.
Printed Name:
Title: V1Ce President
James G. Bierschwale
Date Signed: June 26, 2024
Wrerracon
June It, 2024
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock, Texas 78664
Attn: Ms. Sam Roberts
E: sroberts@roundrocktexas.gov
Re: Construction Materials observation and Testing Services
BCRUA Phase 2
Sandy Creek Park
Cedar Park, Texas
Terracon Consultants Inc. Proposal No. PAC241074 Rev. 1
Dear Mr. Roberts,
800 Paloma Drive, Suite 150
Round Rock, Texas 78665
P (512) 628-6200
F (512) 442-1181
Terracon.com
Thank you for selecting Terracon Consultants, Inc. to provide Construction Materials Testing and
Observation Services for the BCRUA Phase 2 project. This proposal outlines our understanding of the
scope of services to be provided by Terracon and Includes unit fees for services we anticipate will be
required for this project.
A. PROJECT INFORMATION
The proposed project is to include the construction of a Raw Water Intake with two lake taps with multi-
level intake screens that connect to a gravity Raw Water Intake Tunnel that transports water to a new
145-Million Gallons per Day (MGD) Raw Water Pump Station. The Raw Water Transmission Tunnel and
Pipeline will transport the pumped water to the existing Cedar Park, Leander, and BCRUA water
treatment plants. A Maintenance Building will also be constructed to house chemical feed systems to
protect the infrastructure from invasive species and provide quality Improvements to the raw water prior
to pumping.
Terracon prepared a scope of construction testing based our experience with similar size and type
projects and available information:
Information ■ Plans not available at the time of this proposal
Provided ■ Owners Representative provided quantities
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 o Cedar Park, Texas
June 11, 2024 r Proposal No PAC241074 Rev 1 W*rracon
B. WHY TERRACON
Compass is Terracon's latest client interfacing tool and elevates the
Compass way we do business. Within Terracon Compass, you can access
your projects and their associated data, Including environmental
and geotechnical projects. When you open a materials project
within Compass, you will see your materials tests and observations placed on a map. This geographic
reference allows you to find your Information by the "where", rather than the "when." Other features
of Compass include:
* Filters for Date Performed, Service Type and Test Result Status-
* Augmented Testing Reports with In -Place Locations.
■ Deviation or Non -Conformance Summary: Image overlays to reference multiple plan pages to
your test results.
■ Map layer options: Test results are inserted into Compass as soon as the report has been
reviewed and distributed. It becomes easier than ever to view and close deviations with an
option to display within a map while also showing them in a table format.
■ Quicker turnaround of Information and reports.
C. SCOPE OF SERVICE
Our anticipated scope of services for construction materials observation and testing will include the
following field services identified in Chapter 17 of the International Building Code (IBC) and services
that are not in the IBC:
■ Concrete Construction (Section 1705.3)
■ Shotcrete Construction
■ Soils (Section 1705.6)
• Asphalt Observation/Testing
These services are described In greater detail in Exhibit B "Proposed Scope of Services for Construction
Materials Observation and Testing" and includes project management,
D. COMPENSATION
Based on our review of the construction plans and information provided by the owner along with our
experience with similar type construction projects, our fee estimate to provide the proposed scope of
services is $250,140. We recommend that a budget of $280,000 be established for these services.
it is Terracon's understanding that any previously placed fill material within not completed
building pads or utilities will not be relied upon.
if the design team believes we need to increase or decrease our scope of services / trip frequency, we
would be happy to work with you In developing a scope and cost estimate to address the requested
scope changes.
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 m Cedar Park, Texas
June 11, 2024 a Proposal No. PAC241074 Rev. 1 "rracon
Charges for our services will be based on the quantities of services provided and the unit rates shown
on the attached "Exhibit C." The actual cost of our services will be determined by the construction
schedule and the quantity of services provided. Additional services may be requested upon request.
For billing purposes, Terracon assumes that:
* Your designated scheduling representative will make good effort to provide clear notification to
Terracon for the desired on -site arrival time of our technicians to perform the requested
observation / testing services at least 72 hours (3 business days) for all trips made for the
performance of structural steel testing/inspection services and 24 hours (1 business day) for all
trips made for the performance of other testing/inspection prior to the desired on -site arrival
time of our technicians to perform the requested observation / testing services (this is so we
may schedule qualified personnel trained in the appropriate discipline), and
* The material(s) requested to be observed / tested are actually ready to be observed / tested
upon our technician's arrival to the site (this is to eliminate / reduce any standby / equipment
delay / etc, charges which could be incurred if the materials requested to be observed / tested
are, In fact, not ready upon our technician's arrival to the site).
Please note that we will only be on -site as you or your designated scheduling representative
schedules our services, and as our cost for services are most dependent on the contractor's schedule,
our costs may very accordingly.
Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and
consents necessary to commence and complete the Services and will execute any necessary site access
agreement. Consultant will be responsible for supervision and site safety measures for Its own
employees, but shall not be responsible for the supervision or health and safety precautions for any
third parties, including Client's contractors, subcontractors, or other parties present at the site. In
addition, Consultant retains the right to stop work without penalty at any time Consultant
believes it is in the best interests of Consultant's employees or subcontractors to do so.
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 r. Cedar Park, Texas
June 11, 2024 ■ Proposal No. PAC241074 Rev. 1 lilbrracon
E. AUTHORIZATION
We understand that authorization for these services will be provided by execution of an Agreement
which will be issued by the Brushy Creek Regional Utility Authority, This proposal with scope of services
and fee schedule will be incorporated as part of the agreement,
We appreciate the opportunity to provide this proposal and look forward to working with you and the
rest of the project team.
Sincerely,
Terracon Consultants, Inc.
(Firm Registration; TX F3272)
Kevin W. Luidhardt, E.I.T.
Department Manager, Construction Services
KWUJMK
Attached Exhibits
9"-, N Xsc.Eew.
Jesse M. Kocher, P.E. / Senior Principal
Office Manager, Construction Services
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 6 Cedar Park, Texas Wrerracon
June 11, 2024 a Proposal No. PAC241074 Rev. 1
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2
TERRACON PROPOSAL NO. PAC241074 Rev. 1
The proposed scope of services provided by Terracon is described below. The purpose of these services
is to observe various components of the construction and conduct specific tests to determine whether
the materials and construction comply with the project requirements. These services are designed to
provide a level of quality assurance (QA) for the client and are not Intended to replace quality control
tests and procedures required by the contractors and their suppliers. Terracon requires a complete set
of construction plans and specifications approved for construction and any addenda or revisions
approved during the construction process that would affect the construction related to the requested QA
services.
If additional services are needed to comply with the construction documents or the government entity
for special inspection requirements, Terracon should be contacted and requested to modify our proposed
scope and estimated cost. The contractor has the responsibility to be familiar with the project
requirements and to contact Terracon a minimum of 24 hours (one business day) prior to the time our
services will be required. Terracon Is not responsible for providing specified services if the client does
not authorize Terracon to provide the services or if the contractor does not provide adequate notification
for our scheduling purposes.
Terracon provides construction materials testing and observation services for a majority of the Items
required by the international building code and government entities. A brief summary of the scope of
services that Terracon provides (when authorized and requested) for the special Inspection items is
provided below. This scope is based on the International Building Code special inspection requirements
with some modifications.
Terracon will provide construction observations and testing services requested by the client as described
in our "Scope of Services" in general accordance with the normal standard of care. Our scope of services
does not Include any design, design review, construction safety, trench safety, construction supervision,
or construction management services. Terracon personnel do not have the responsibility or authority
to stop the contractor's work, or to accept or reject any construction materials or workmanship, even if
they do not comply with the project requirements.
EXHIBIT
Explore with us N
Proposal for Materials Observation and Testing Services
SCRUA Phase 2 ■ Cedar Park, Texas June 11, 2024 ■ Proposal No. PAC241074 Rev. 1 , �rracon
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2
TERRACON PROPOSAL NO. PAC241074 Rev. 1
1. Concrete (Section 1705.3) - The Terracon scope of services includes sampling concrete and
conducting slump and concrete compressive strength tests. Terracon personnel do not have
the authority / responsibility to accept or reject concrete even if It does not comply with the
project specifications. Terracon will typically make 4-inch diameter, 8-Inch high cylinders for
compressive strength testing whenever the aggregate size allows; however, 6-inch diameter,
12-inch high cylinders will be used when larger aggregate is used in the concrete or when
requested by the client (6"x12" cylinder rate will be used). We will rely on the contractor or his
concrete supplier to provide adequate facilities for Initial (and field) curing of test cylinders as
required by ASTM C 31 test procedures. The Terracon scope of services does not include plastic
unit weight testing of concrete continuous observation of concrete placement for proper
application techniques, periodic observation of the maintenance of specified curing temperatures
and/or techniques for constructed structures, review of the erection procedures and temporary
bracing for precast concrete members or verification of in -situ concrete strength prior to removal
of shores and forms.
Shotcrete (ACI 31SR-19) - The Terracon scope of services includes coring the mortar or
concrete (shotcrete) and conducting compressive strength tests perpendicular to the surface of
the panel at designated ages. Terracon personnel do not have the authority / responsibility to
accept or reject concrete even if it does not comply with the project specifications. We will rely
on the contractor to prepare a test panel in the field for initial (and field) curing of applied
shotcrete as required by ASTM C1140/C1140M-11(2019) test procedures.
3. Solis (Section 1705.6) - The Terracon scope of services includes sampling and testing of soils,
periodic observation of earthwork operations, and moisture -density testing of subgrade and
compacted fills. The Terracon scope of services does not include verification of the use of proper
materials, densities and lift thicknesses during placement and compaction of compacted fill on
a continuous basis. The Terracon scope of services also excludes sampling, testing and
evaluation of materials below shallow foundations to determine whether they are adequate to
achieve the design bearing capacity. The adequacy of shallow footing subgrade soils will be
based on recommendations in the geotechnical engineering report (or structural engineer's
notes if a geotechnical engineering report is not provided) and visual observations of the
foundation excavation bottom.
4. Asphalt - The Terracon scope of services Includes observation of the asphalt paving operations,
sampling asphalt and conducting laboratory tests.
5. Project Management - Terracon project management services include report review, data
interpretation and signature; coordination with technicians and contractor personnel;
participation in construction meetings when requested; preparation of budget status reports and
Invoices; and other related services to facilitate communication and coordination between the
Terracon technicians and the contractor's personnel
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 Cedar Park, Texas
June 11, 2024 Proposal No. PAC241074 Rev i krracon
EXHIBIT C
COST ESTIMATE FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2
TERRACON PROPOSAL NO. PAC241074 Rev. 1
Soils Technician
$ 70.00
200.00
hours
200.00
$
14,000,00
Solis Technician OT
$ 105.00
20.00
hours
20,00
$
2,100.00
Standard Proctor
$ 250.00
5.00
tests
5.00
$
1,250.00
TX-113-E
$ 350.00
5.00
tests
5.00
$
1,750.00
Oversized Particle Correction
$ 50.00
5.00
tests
5.00
$
250.00
Atterberg Limits Determination (3 pt.)
$ 100.00
10.00
tests
10.00
$
1,000.00
Sieve/Gradation (Soil)
$ 150.00
10.00
tests
10.00
$
1,500,00
Nuclear Gauge Field Densities
$ 22.00
200.00
tests
200.00
$
4,400.00
Sub Total
$
26,250.00
Concrete Technician (ACI Certified)
$ 70.00
900.00
hours
900.00
$
63,000.00
Concrete Technician OT (ACI Certified)
$ 105.00
250.00
hours
250,00
$
26,250.00
Compressive Strength of 4" x 8" Cylinder
$ 25.00
1500.00
tests
1500.00
$
37,500.00
Tunnel and Shaft Grout 4" x 8" Cylinders
$ 25.00
200.00
tests
200.00
$
5,000.00
Sub Total
$
131,750.00
Sample Pick -Up
$ 65.00
100.00
hours
100.00
$
6,500.00
Sub Total
$
6,500.00
Shotcrete Technician
$ 70.00
40.00
flours
40.00
$
2,800.00
Coring Crew
$ 150,00
20.00
hours
20.00
$
3,000.00
Coring Equipment
$ 150.00
10.00
days
10.00
$
2,000.00
Shotcrete Core Compressive Strength 13" cores)
$ 100.00
40.00
tests
40.00
$
4,000.00
Sub Total
$
11,300.00
Sample Pick -Up
$ 65.00
20.00
hours
20.00
S
1,300.00
Sub Total
$
1,300.00
Asphalt Coring Crew
$ 150.00
5.00
hours
5.00
$
750.00
Asphalt Technician (18 Certified)
$ 80.00
16.00
hours
16.00
$
1,280.00
Extraction (includes gradation)
$ 250,00
4.00
tests
4.00
$
1,000.00
Theoretical Maximum Specific Gravity
$ 120.00
4.00
tests
4.00
$
480.00
Bulk Specific Gravity of Lab Molded Specimems (Set of 3)
$ 300.00
4.00
tests
4.00
$
1,200,00
Thickness and Density Testing
$ 70.00
4.00
tests
4.00
$
280.00
Asphalt Coring Equipment
$ 150.00
1.00
day
1.00
$
150.00
Sub Total
$
5,140.00
Project Manager
$ 160.00
130.00
hours
130.00
$
20,800.00
Administration
$ 70.00
130.00
hours
130.00
$
9,100.00
Principal Engineer
$ 200.00
10.00
hours
10.00
$
2,000.00
Vehicle Charge
$ 60.00
600.00
trips
600.00
$
36,000.00
Sub Total
$
67,900.00
EXHIBIT
Explore with us r► M
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 f Cedar Park, Texas
June 11, 2024 % Proposal No. PAC241074 Rev. 1 Pirerracon
SCHEDULE OF SERVICES AND FEES FOR
CONSTRUCTION MATERIALS ENGINEERING
Project Services
Principal, Officer, per hour...............................................................................................$200.00
SeniorEngineer / Manager, per hour.................................................................................$180.00
ProjectEngineer / Manager, per hour................................................................................$160.00
Administrative, per hour................................................................................................... $70.00
Sameday Service Request Fee.........................................................................................$100.00
Professional Engineer Stamped Letters*, each....................................................................$325.00
*Includes Final letters, Pad Letters, Foundation Letters, Conformance Letters, Recommendation Letters
Transportation
Vehicle, per trip............................................................................................................... $60.00
A fuel surcharge may be added if fuel costs increase by more than 10% during the project duration.
Concrete Field Services
Concrete / Shotcrete Technician (ACI Certified), per hour ..................................................... $70.00
Concrete Only Technician / Concrete Sample Pickup, per hour ............................................... $65.00
Concrete Tests
Cylinder compression test (ASTM C 31 & C 39), 4"W, each .................................................. $25.00
Cylinder compression test (ASTM C 31 & C 39), 6"x12", each ................................................ $30.00
Concrete Core compression test (ASTM C39), each.............................................................. $60.00
Shotcrete Core compression test (ASTM C42)*, each...........................................................$100.00
*Includes sawing and capping
Soils Laboratory Testing and Classification
Atterberg limits (ASTM D 4318), each................................................................................$100.00
Combined sieve analysis (ASTM C 136 and C 117).............................................................$150.00
Optimum moisture / maximum dry density relations (proctors)
ASTMD698, each................................................................................................$250.00
Additional charge for Coarse Aggregate Correction (ASTM D4718) .............................. $50.00
TXDOTTEX 113E, each.........................................................................................$350.00
Soils Field Services
In place density / moisture test, nuclear method (ASTM D6938)............................................ $22.00
SoilsTechnician, per hour................................................................................................. $70.00
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 u Cedar Park, Texas
June 11, 2024 ■ Proposal No. PAC241074 Rev. 1 Wrerracon
SCHEDULE OF SERVICES AND FEES FOR
CONSTRUCTION MATERIALS ENGINEERING
sohaltic Concrete Services
Asphalt technician (113 certified), per hour........................................................................... $80.00
Bulk specific gravity of lab molded specimens*, set of 3......................................................$300.00
Maximum theoretical density (ASTM D 2041 or TEX 227F), each...........................................$120.00
Extraction and Sieve Analysis (ASTM D 2172 or TEX 210F), each .......................................... $250.00
Asphalt core thickness & density, each............................................................................... $70.00
*Includes Molding specimens (TEX 206F), set of 3
Carina Services
CoringCrew, per hour.................................................................................................... $150.00
CoringEquipment, per day.............................................................................................. $150.00
Reimbursable Exoenses
Direct non -salary project expenses for "outside" services are billed at cost plus 15 percent for handling.
These include but are not limited to the following: travel and lodging, external consultants,
environmental analytical tests, drilling, special supplies, permits, equipment, sampling, field testing, on -
site facilities, clearing/grading contractors, water trucks, bulldozers, security forces, surveyors, traffic
control or other support services.
Remarks
A four-hour minimum charge is applicable to all trips made for the performance of structural steel,
firestopping, and wood testing/inspection services. A minimum charge of two hours will be assessed
for trips to the project site for sample or cylinder pick up only and a three-hour minimum charge is
applicable to all trips made for the performance of other testing, Inspection, cancellations or consulting
services.
All labor, equipment, and transportation charges are billed on a portal to -portal basis from our office up
to the nearest half hour.
Overtime rates of 1.5 times the quoted hourly rate will be applicable for all time worked in excess of
eight (8) hours per day, all time worked outside of daylight hours of 6:00 AM to 6:00 PM Monday through
Friday, and all time worked on Saturdays.
Overtime rates of 2 times the quoted hourly rate will be applicable for all time worked on Holidays and
Sundays.
Services that are not cancelled by the prior business day, during business hours (8am to 5pm), will be
subject to a cancellation charge of $200.
Court appearances, depositions, etc, will be charged at 1.5 times the quoted hourly rate.
Unit fees for tests not listed will be quoted on request.
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2 o Cedar Park, Texas
June 11, 2024 m Proposal No. PAC241074 Rev. 1 Perracon
Rush testing and Inspection services are subject to a surcharge (to be negotiated).
Engineering consultation and evaluation in connection with any laboratory testing or field inspection
service will be charged at the appropriate rate.
Material samples should be submitted in a form that complies with applicable requirements.
Terracon will submit invoices for services on a monthly basis. Payment for services shall be made within
30 days of receipt of the Invoice in accordance with the Terracon "Agreement for Consulting Services"
or "Authorization To Proceed". Additional administrative charges may be applicable if the client requires
other Invoicing procedures or payment terms.
Explore with us
EXHIBIT D
Certificate of Insurance
Attached Behind This Page
Y
ACOU RCERTIFICATE OF LIABILITY INSURANCE
hh�- 4/1/2025
DATE (MWDDYYYY)
6 21 2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112 1906
NAME: CONTACT
PHONE FAX
N
E-MAIL
(816)960-9000
kcasu@lockton.com
INSURERS AFFORDING COVERAGE
NAiC 0
INSURER A; Travelers Property casualty corneanX of America
25674
INSURED TERRACON CONSULTANTS, INC.
1312891 10841 S. RIDGEVIEW ROAD
INSURER a: Allied World Assurance Company (U.S.) Inc.
19489
INSURER c:TheTravelers Indemnity Company
25658
INSURER D : The Travelers Indemnity Company of America
25666
OLATHE KS 66061
INSURER E : Lloyds of London
INSURER F :
COVERAGES CERTIFICATE NUMBER: 20698574 REVISION NUMBER: XXXXXXX
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
LTR
TYPE OF INSURANCE
POLICY NUMBER
MMIDD YYYY
MMID�P
IYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FRI OCCUR
Y
N
TC2J-GLSA-9P529930
4/1 /2024
4/1/2025
EACH OCCURRENCE
s 2,000,000
PREMISES Ed occurrence
$ 1,000,000
X
MED EXP (Any one person)
$ 25,000
CONTRACTUAL LIAB
X
XCU COVERAGE
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
POLICY � PRO- LOC.
PRODUCTS - COMPIOP AGG
$ 4,000,000
$
OTHER:
A
AUTOMOBILE LIABILITY
Y
N
TC2l-CAP-13113858
4/t/2024
4/I/2025
EaMaB�od,.'1 SINGLE LIMIT
$ 2,000,000
BODILY INJURY (Per person)
$ XXXXXXX
X ANY AUTO
OWNED
AUTOS ONLY AUTOSULED
BODILY INJURY (Per accident)
$ XXXXXXX
PROPERTY DAMAGE
Per accident
$ XXXXXXX
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
$ XXXXXXX
A
X
UMBRELLA LIAB
X
OCCUR
Y
N
CUP-4W208814
4/l/2024
4/1/2025
EACH OCCURRENCE
S 5 000 000
AGGREGATE
S 5,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X I RETENTION $0
$ XXXXXXX
D
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERlEXECUTNE YIN
OFFICER/MEMBER EXCLUDED? NJ
(Mandatory in NH)
N/A
N
UB-IT88663A (AOS)
UB-IT885681 (AZ, MA, WI)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
PER TH
X STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If as, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000.000
B
CONTRACTORS
N
N
0312-6506
4/1/2023
4/l/2025
$ 10,000,000 EACH
POLLUTION LIAB
OCCURANCE/AGGREGATE
E
PROFESSIONAL
LDUSA2405180
4/l/2024
4/1/2025
$ 1,000,000 EACH CLAIM/$ 1,000SM
LIABILITY
AGGREGATE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED
RE: BCRUA PHASE 2 RAW WATER DELIVERY SYSTEM SHAFT PROJECT. BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA), FREESE AND
NICHOLS INC., AND WALKER PARTNERS LLC ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AND UMBRELLA/
EXCESS LIABILITY AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
20688574
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
(BCRUA)
AUTHORIZED REPRESENTATIV
221 EAST MAIN STREET
ROUND ROCK TX 78664
ACORD 25 (2016/03)
0198"015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Miscellaneous Attachment: M482524 Certificate ID: 20688574
COMMERCIAL GENERAL LIABILITY
TC2J-G LSA-9P529930
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN
CONTRACT(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION II — WHO IS AN INSURED: a. The Additional Insured — Owners, Lessees or Contractors
Any person or organization that: — Scheduled Person or Organization endorsement CG 20
10 07 04 or CG 20 10 04 13, the Additional Insured —
a. You agree in a written contract or agreement to include as an Owners, Lessees or Contractors —Completed Operations
additional insured on this Coverage Part; and endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of
b. Has not been added as an additional insured for the same such endorsements with either of those edition dates; or
project by attachment of an endorsement under this
Coverage Part which includes such person or organization
in the endorsements schedule;
is an insured, but:
a. Only with respect to liability for "bodily injury" or "property
damage" that occurs, or for "personal injury" caused by an
offense that is committed, subsequent to the signing of that
contract or agreement and while that part of the contract or
agreement is in effect; and
b. Only as described in Paragraph (1), (2) or (3) below,
whichever applies:
(1) If the written contract or agreement specifically requires
you to provide additional insured coverage to that person or
organization by the use of:
a. The Additional Insured — Owners, Lessees or Contractors
— (Form B) endorsement CG 20 10 11 85; or
b. Either or both of the following: the Additional Insured —
Owners, Lessees or Contractors - Scheduled Person Or
Organization endorsement CG 20 1010 01, or the
Additional Insured — Owners, Lessees or Contractors —
Completed Operations endorsement CG 20 37 10 01;
b. Either or both of the following: the Additional Insured —
Owners, Lessees or Contractors - Scheduled Person Or
Organization endorsement CG 20 10, or the Additional
Insured — Owners, Lessees or Contractors — Completed
Operations endorsement CG 20 37, without an edition date
of such endorsement specified;
the person or organization is an additional insured only if
the injury or damage is caused, in whole or in part, by acts
or omissions of you or your subcontractor in the
performance of "your work" to which the written contract or
agreement applies; or
(3) If neither Paragraph (1) nor (2) above applies:
a. The person or organization is an additional insured only if,
and to the extent that, the injury or damage is caused by
acts or omissions of you or your subcontractor in the
performance of "your work" to which the written contract or
agreement applies; and
b. Such person or organization does not qualify as an additional
insured with respect to the independent acts or omissions of
such person or organization .
The insurance provided to such additional insured is subject
the person or organization is an additional insured only if to the following provisions:
the injury or damage arises out of "your work" to which the a. If the Limits of Insurance of this Coverage Part shown in
written contract or agreement applies: the Declarations exceed the minimum limits required by the
(2) If the written contract or agreement specifically requires written contract or agreement, the insurance provided to the
you to provide additional insured coverage to that person or additional insured will be limited to such minimum required
organization by the use of: limits. For the purposes of determining whether
CG D6 04 0219 Q 2017 The Travelers Indemnity Company All rights reserved. Page 1 of 2
Miscellaneous Attachment: M482524 Certificate ID: 20688574
COMMERCIAL GENERAL LIABILITY
this limitation applies, the minimum limits required by
the written contract or agreement will be considered
to include the minimum limits of any Umbrella or
Excess liability coverage required for the additional
insured by that written contract or agreement. This
provision will not increase the limits of insurance
described in Section III — Limits Of Insurance.
b. The insurance provided to such additional insured
does not apply to:
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing, or
failure to provide, any professional architectural,
engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders or change orders, or the
preparing, approving, or failing to prepare or ap-
prove, drawings and specifications; and
b. Supervisory, inspection, architectural or engineering
activities.
(2) Any "bodily injury" or "property damage" caused
by "your work" and included in the
"products -completed operations hazard" unless the
written contract or agreement specifically requires
you to provide such coverage for that additional
insured during the policy period.
c. The additional insured must comply with the fol-
lowing duties:
(1) Give us written notice as soon as practicable of an
"occurrence" or an offense which may
result in a claim. To the extent possible, such notice
should include:
(a) How, when and where the 'occurrence" or
offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the 'occurrence" or
offense.
(2) If a claim is made or "suit" is brought against the
additional insured:
(a) Immediately record the specifics of the
claim or "suit" and the date received; and
(b) Notify us as soon as practicable and see to
it that we receive written notice of the claim or
"suit" as soon as practicable.
(3) Immediately send us copies of all legal papers
received in connection with the claim or "suit',
cooperate with us in the investigation or settlement of
the claim or defense against the "suit", and otherwise
comply with all policy conditions.
(4) Tender the defense and indemnity of any claim or
"suit" to any provider of other insurance which would
cover such additional insured for a loss we cover.
However, this condition does not affect whether the
insurance provided to such additional insured is
primary to other insurance available to such
additional insured which covers that person or
organization as a named insured as described in Par-
agraph 4., Other Insurance, of Section IV
—Commercial General Liability Conditions.
Page 2 of 2 0 2017 The Travelers Indemnity Company. All rights reserved. CG DG 04 02 19
Miscellaneous Attachment: M482524 Certificate ID: 20688574
COMMERCIAL GENERAL LIABILITY
TC2J-GLSA-9P529930
4.Other Insurance
d. Primary And Non -Contributory Insurance If Required By Written Contract
If you specifically agree in a written contract or agreement that the insurance
afforded to an insured under this Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this insurance is primary to other insurance
that is available to such insured which covers such insured as a named insured,
and we will not share that other insurance, provided that:
(1) The "bodily injury" or "property damage" for which coverage is sought
occurs; and
(2) The "personal and advertising injury" for which coverage is sought is caused
by an offense that is committed;
Subsequent to the signing of that contract or agreement by you.
CG T1 00 02 19
Miscellaneous Attachment: M467648 Certificate ID: 20688574
POLICY NUMBER: TC2J-CAP-131J3858 COMMERCIAL AUTO
ISSUE DATE: 04/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR COVERED AUTOS LIABILITY
COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH
OTHER INSURANCE - CONTRACTORS
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS
WHERE REQUIRED BY WRITTEN CONTRACT.
>:Z619&1101Z6i
1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization designated in the Schedule Of Additional Insured Persons Or
Organizations who you are required under a written contract or agreement, that is signed by you before
the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an
additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance
applies and only to the extent of that designated person's or organization's liability for the conduct of
another "insured".
2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION
IV - BUSINESS AUTO CONDITIONS:
Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with applicable other insurance under which the person or
organization designated in the Schedule of Additional Insured Persons Or Organizations is a named
insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or
"property damage" occurs and that is in effect during the policy period, requires this insurance to be
primary and non-contributory.
CA T6 00 02 16
Miscellaneous Attachment: M523017 Certificate TD: 20688574
Umbrella Liability
Policy Number: CUP-4W208814
AMENDMENT OF COVERAGE - WHO IS AN INSURED
This endorsement modifies insurance provided under the following:
EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE
The following replaces Paragraph A.2. of SECTION II - WHO IS AN INSURED:
2. Any other person or organization qualifying as an insured in the "underlying insurance".
EU 0125 07 16
Miscellaneous Attachment: M463695 Certificate ID: 20688574
POLICY NUMBER: TC2J-GLSA-9P529930
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATIONMONRENEWAL
PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days' Notice: 30
NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN
CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION
IN COVERAGE OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE,
INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER
THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION,
NONRENEWAL, OR MATERIAL LIMITATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN
REQUEST FROM YOU TO US
A. For any statutorily permitted reason other than nonpayment of premium, the number of days
required for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as
amended by any applicable state cancellation endorsement applicable to this insurance, is
increased to the number of days shown in the SCHEDULE above.
B. For any statutorily permitted reason other than nonpayment of premium, the number of days
required for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS
Section of this insurance, or as amended by any applicable state When We Do Not Renew
(Nonrenewal) endorsement applicable to this insurance, is increased to the number of days shown
in the SCHEDULE above.
C. We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to
the person or organization shown in the schedule above. We will mail the notice with at least the
Number of Days indication above before the effective date to our action.
IL T3 54 03 98
Miscellaneous Attachment: M463694 Certificate ID: 20688574
POLICY: AUTO LIABILITY
POLICY NUMBER: TC2J-CAP-131J3858
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN
CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT
ONLY IF:
1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE,
INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER
THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR
OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN
REQUEST FROM YOU TO US.
PROVISIONS:
If we cancel this policy for any statutorilly permitted reason other than nonpayment of premium, and a
number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the
person or organization shown in the schedule above. We will mail such notice to the address shown in the
schedule above at least the number of days shown for cancellation in the schedule above before the
effective date of cancellation.
ILT4050311
Miscellaneous Attachment: M463692 Certificate ID: 20688574
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3
POLICY NUMBER:
UB-IT885681 (AZ, MA, WI), UB-IT88663A (AOS)
NOTICE OF CANCELLATION
TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX - CONDITIONS:
Notice of Cancellation to Designated Persons or Organizations
If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such
cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice
to each person or organization at its listed address in at least the number of days shown for that person or
organization before the cancellation is to take effect.
You are responsible for providing us with the information necessary to accurately complete the Schedule below. If
we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or
address of such designated person or organization provided to us is not accurate or complete, we have no
responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.
SCHEDULE
Name and Address of Designated Persons or Organizations:
ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU SEE TO 1T THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING
THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS
POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE
APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US
Number of Days' Notice
30
All other terms and conditions of this policy remain unchanged.
Miscellaneous Attachment: M450465 Certificate ID: 20688574
POLICY: PROFESSIONAL LIABILITY
Attaching to and forming part of Policy Number: LDUSA2305180
LIMITED AUTHORITY TO ISSUE CERTIFICATES OF INSURANCE ENDORSEMENT In consideration of the premium
charged, it is hereby understood and agreed as follows:
(1) Underwriters authorize Lockton Companies LLC the ("Certificate Issuer") to issue Certificates of
Insurance at the request or direction of the Assured. It is expressly understood and agreed that, subject to
Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder,
create any obligation on the part of the Underwriters, or purport to, or be construed to, alter, extend, modify, amend,
or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict
between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the
one hand, and the terms and conditions of this Policy as set forth herein on the other, the terms and conditions of
this Policy as set forth herein shall control.
(2) Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this
endorsement may provide that in the event the Underwriters cancel or non -renew this Policy or in the event of a
Material Change to this Policy, Underwriters shall mail written notice of such cancellation, non -renewal, or Material
Change to such Certificate Holder within a specified period of time; provided, however, that the Insurers shall have
not be required to provide such notice more than 60 days prior to the effective date of cancellation, non -renewal, or
a Material Change. The Assured shall provide written notice to the Underwriters of all Certificate Holders and the
number of days' written notice of cancellation, non -renewal, or Material Change, if any, specified in each
Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior to expiration of this Policy, and (iii) within 10
days of receipt of a written request from Insurers. Insurers' obligation to mail notice of cancellation, non -renewal, or
a Material Change as provided in this paragraph shall apply solely to those Certificate Holders with respect to
whom the Assured has provided the foregoing written notice to the Insurers.
(0) It is further understood and agreed that Underwriters' authorization of the Certificate Issuer under this
endorsement is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or
appoint the Certificate Issuer to act as an agent for the Underwriters or bind the Underwriters for any other purpose.
The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any
Certificate of Insurance pursuant to this endorsement.
(1) As used in this endorsement:
(i) Certificate of Insurance means a document issued for informational purposes only as evidence of
the existence and terms of this Policy in order to satisfy a contractual obligation of the Assured.
(ii) Material Change means an endorsement to or amendment of this Policy after issuance of this Policy
by the Underwriters that restricts the coverage afforded to the Assured.
All other terms and conditions of the Policy remain unchanged.
ALL OTHER TERMS AND CONDITIONS REMAIN UNALTERED
Miscellaneous Attachment: M463713 Cerlificate ID: 20688574
POLICY: UMBRELLA LIABILITY
POLICY NUMBER, CUP-4W208814
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAb IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE
OF CANCELLATION OR NONRENEWAL PROVIDED
BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THE POLICY
CANCELLATION: Number of Days Notice: 30
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30
PERSON OR ORGANIZATION.
ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR
NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON
OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL
OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF
DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS:
PROVISIONS
A. If we cancel this policy for any legally permitted reason
other than nonpayment of premium, and a number of days
is shown for Cancellation in the Schedule above, we will
mail notice of
cancellation to the person or
organization shown in such Schedule. We will mail such
notice to the address shown in the Schedule above at least
the number of days shown for Cancellation in such
Schedule before the effective date of cancellation.
B. If we do not renew this pol'cy for any legally permitted
reason other than nonpayment of premium, and a number
of days is shown for When We Do Not Renew
(Nonrenewal) -n the Schedule above, we will mail notice of
nonrenewa to the person or
organization shown in such Schedule. We will mail such
notice to the address shown in the Schedule above at least
the number of days shown for When We Do Not Renew
(Nonrenewal) in such Schedule before the effective date of
nonrenewal.
IL T4 00 05 19 0 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
Miscellaneous Attachment: M481734 Certificate ID: 20688574
POLLUTION LIABILITY
POLICY #: 0312-6506
CANCELLATION CONDITION AMENDMENT - additional notice
other than named insured limited to e-mail notification
It is hereby agreed that Section V — Conditions, 3. Cancellation is amended to include the following:
In the event that we cancel this policy for any reason other than nonpayment of premium, and
1. The cancellation effective date is prior to this Policy's expiration date;
2. The first Named Insured is under an existing contractual obligation to notify a certificate holder when this Policy is
canceled (hereinafter, the "Certificate Holder(s)"); and has provided to us, either directly or though its broker of
record, the email address of the contact at such entity; and
1. We receive this information after the first Named Insured receives notice of cancellation of this Policy and prior to
this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to us;
We will endeavor to provide a notice of cancellation via e-mail to such Certificate Holder(s).
This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this
Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this
Policy.
Any failure on our part to deliver the notice of cancellation will not impose liability of any kind upon us or invalidate
the cancellation.
Any Certificate Holder(s) is not an insured or a loss payee under this Policy. No coverage will be available under
this Policy for any claim brought by or against any Certificate Holder(s).
All other terms and conditions of this policy remain unchanged.
By:
Title:
Date:
ENV-CPL Page 1 of 1