Terracon - 1/28/2026 AGREEMENT BETWEEN BRUSHY CREEK REGIONAL UTILITY AUTHORITY
AND TERRACON CONSULTANTS,INC.
FOR CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
THIS AGREEMENT for professional consulting services related to construction
materials observation and testing services for the Brushy Creek Regional Utility Authority Phase
2A Water Treatment Plant Expansion (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 2A Water Treatment Plant Expansion; 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.
033^0.463634-A
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 Five Thousand One Hundred Fifty and No/100 ($205,150.00). 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
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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.
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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.
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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.
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(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 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.
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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.
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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.
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.
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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(aroundrocktexas.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
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Notice to BCRUA:
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock,TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the BCRUA and Consultant.
24.01 APPLICABLE LAW 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.
25.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties expressly
agree that, in the event of any conflict between the terms of this Agreement and any other
writing,this Agreement shall prevail. No modifications of this Agreement will be binding on any
of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
26.01 DISPUTE RESOLUTION
The BCRUA and Consultant hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement, or a breach thereof shall be decided by
any arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
27.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement.Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
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28.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the BCRUA and according to generally accepted
business practices.
29.01 GRATUITIES AND BRIBES
BCRUA, may by written notice to Consultant, cancel this Agreement without incurring
any liability to Consultant if it is determined by BCRUA that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any BCRUA Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
30.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
31.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to BCRUA due to Consultant's failure to perform in
these circumstances, BCRUA may withhold, to the extent of such damage, Consultant's
payments hereunder without a waiver of any of BCRUA's additional legal rights or remedies.
BCRUA shall render decisions pertaining to Consultant's work promptly to avoid unreasonable
delays in the orderly progress of Consultant's work.
Force Majeure.Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
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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 'egio sh amity Authority Terracon Consultants, Inc.
CtA" -APBy: \r " By:
Anne Duffy Printed Name: Jesse M. Kocher
President Title: Director Regional Operations
Date Signed: �° Date Signed: 01/21/2026
For BCRUA,Approved as to Form:
By:
Stephan Sheets, BCRUA Attorney
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EXHIBIT A
Proposal
Attached Behind This Page
rerracon 800 Paloma Drive,Suite150
Round Rock,Texas 78665665
P(512)628-6200
F(512)442-1181
Terracon.com
November 21, 2025
221 E Main Street
Round Rock,TX 78664
Attn: Mr. Sam Roberts
P: (512) 799-4526
E: sroberts@roundrocktexas.gov
Re: Construction Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion
1906 Hur Industrial Blvd
Cedar Park, Texas
Terracon Consultants Inc. Proposal No. PAC251174 Revision 1
Dear Mr. Roberts,
Thank you for selecting Terracon Consultants, Inc. to provide Construction Materials Testing and
Observation Services for the BCRUA Phase 2A WTP Expansion 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 expansion on the south side of the water treatment
plant (WTP) facility and improvements to the disinfection basin.
EMIDescription
Location 1906 Hur Industrial Blvd , Cedar Park, Texas
Sitework Earthwork- Structural fill, Utility Backfill and Paving fill
Foundations Shallow Foundations
Structures The treatment plant consists of structural steel framing, Structural masonry walls and
Cast in place concrete structures.
Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion•Cedar Park,Texas �i�erracon
November 21, 2025•Proposal No. PAC251174 Revision 1
As you can see from the map,Terracon has quite
extensive experience near the project area. ti •
Terracon prepared a scope of construction ' •
testing based our experience with similar size
and type projects, available information, as well •
1t NO'
as review of the following documents: , fo. iy
• s •�« •'. i
Terracon Projects within a 1-mile • • • # ; S
4,•
radius of the subject site • •�'• . •v • •ir•
•
• • Ca
•
•
• Geotechnical Report by Schnabel Engineering dated 09/19/2024
Information • BCRUA Phase 2A Water Treatment Plant Expansion Contract Drawings dated
Provided 07/16/2025 by Walker Partners
• Project Manual dated 07/16/2025
B. WHY TERRACON
Compass is Terracon's latest client interfacing tool and elevates the
way we do business. Within Terracon Compass, you can access
Compass 401 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.
Explore with us
Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion•Cedar Park,Texas �I'erracon
November 21,2025•Proposal No. PAC251174 Revision 1
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 2021 issue of the International Building Code(IBC)
and services that are not in the IBC:
• Steel Construction (Section 1705.2)
• Concrete Construction (Section 1705.3)
• Structural Masonry Construction (Section 1705.4)
• 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 $205,150.
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.
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.
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion is Cedar Park,Texas �i l'erracon
November 21,2025■Proposal No. PAC251174 Revision 1
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)
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Hnrriswm Sclviceider
Saikiran Polishetty, E.I.T. Harrison J. Schneider, P.E.
Staff Engineer, Construction Services Department Manager II, Construction Services
SP/HJS
Attached Exhibits
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EXHIBIT B
Scope of Services
Attached Behind This Page
Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion• Cedar Park, Texas �erracon
November 21, 2025•Proposal No. PAC251174 Revision 1
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2A WTP EXPANSION
TERRACON PROPOSAL NO. PAC251174 REVISION 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.
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.
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion■Cedar Park, Texas �t'erracon
November 21, 2025■Proposal No. PAC251174 Revision 1
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2A WTP EXPANSION
TERRACON PROPOSAL NO. PAC251174 REVISION 1
1. Steel (Section 1705.2) - The Terracon scope of services includes visual observations of
completed field welds and spot checks of weld sizes. Terracon also provides non-destructive
testing of completed field welds when the project requires this type of testing and the testing is
authorized by the client. Weld slag should be removed from all field welds prior to scheduling
the weld observation. The contractor has the responsibility to schedule these services in a
timely manner such that full access Is available to all welds. In addition, the Terracon scope of
services includes visual observations of selected bolted connections and spot checking of
tightness of randomly selected bolts with a torque wrench when the specifications include bolt
torque requirements. These services will be provided on a periodic basis.
The Terracon scope of services does not include shop fabrication inspection,inspection of welded
connections completed during shop fabrication, inspection of joint fit-up and welding
procedures/techniques or verification of framing for conformance with field erection tolerances.
2. 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.
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.
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion •Cedar Park,Texas ��erracon
November 21, 2025•Proposal No. PAC251174 Revision 1
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2A WTP EXPANSION
TERRACON PROPOSAL NO. PAC251174 REVISION 1
3. Structural Masonry (Section 1705.4) —Our scope of services includes periodic sampling and
compressive strength testing of grout,when required by the project specifications and requested
by the client. The contractor is responsible for scheduling observations as frequently as
necessary to allow for observation grout placement.
The Terracon scope of services does not include observation/verification of the protection of
masonry structures during cold or hot weather. The Terracon scope of services does not include
observation of masonry veneer or other non-load-bearing masonry construction.
4. Soils (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.
5. Asphalt—The Terracon scope of services includes observation of the asphalt paving operations,
sampling asphalt and conducting laboratory tests. These services may be provided on a part-
time or full-time basis as authorized by the client.
6. 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
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EXHIBIT C
Fee Schedule
Attached Behind This Page
Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion•Cedar Park,Texas �'I'erraeon
November 21,2025 a Proposal No. PAC251174 Revision 1
EXHIBIT C
COST ESTIMATE FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 2A WTP EXPANSION
TERRACON PROPOSAL NO. PAC251174 REVISION 1
Fee Estimate
Materials Services
BCRUA Phase 2A WTP Exapansion
Terracon Pro••sal No.PAC251174 Revisions 1
•, ,Mt, , .,b.tlr ^glt4 Till., rrsrnl ,'1 4111e rntni
Hateriak Observation&Testing Services $ 205,150.00
Earthwork Observation&Testing-Structural Excavation&Backlit $ 21,480.00
Sots Inspector $ 70.00 4 hours 30 120 $ 8,400.00
Atterberg Limits Detemsnaton(3 pt.)(A5114 01318) $ 100.00 10 tests 1 10 $ 1,000.00
Sieve Maher(A57a1 C 136 and C 1 t 7) $ 150.00 10 teal: 1 10 $ 1,500.00
Notified Proctor(State Method)T5DOT TEX 113E $ 350.00 10 tests I 10 $ 3,500.00
Trip Charge $ 60.00 1 trips 30 30 $ 1,800.00
Sots Tests(field Iludear Density Test-ASTH D6938) $ 22.00 8 tests 30 240 $ 5,280.00
Earthwork Observation&Testing-Unties/Paving f 30,800.00
Sots Inspector $ 70.00 4 hours 55 220 $ 15,400.00
Trip Charge $ 60.00 I trips 5$ 55 $ 3,300.00
Sots Tests(Feld rhdear Donsky Test-ASTH D6938) $ 22.00 10 tests 55 550 $ 12,100.00
Concrete Testing-South Treatment Structure $ 42,275.00
Concrete Tedniren $ 65.00 4 hours 95 380 $ 24,700,00
Compressive Strength(ASTH C 31 Q C 39),4-x8" $ 25.00 5 tests 95 475 $ 11,875.00
Tip Charge $ 60.00 1 traps 95 95 $ 5,700.00
Concrete Testing-Disinfection Oasis f 8,900.00
Concrete Tednioan $ 65.00 4 hours 20 80 $ 5,200.00
Compressive Strength(ASTH C 31 Q C 39),4"x8" $ 25.00 5 tests 20 100 $ 2,500.00
Trip Charge $ 60.00 1 trips 20 20 $ 1,200.00
Concrete Testing-lfiscelaneous Concrete $ 11,115.00
Concrete Tedusi(ian $ 65.00 4 hours 25 100 $ 6,500.00
Compressive Strength(A5114 C 31 Q C 39),4-x8" $ 25.00 5 tests 25 125 f 3,125.00
Trap Charge $ 60.00 1 trips 25 25 $ 1,500.00
Concrete Testing-Paving $ 890.00
Concrete Tednidan $ 65.00 4 hours 2 8 $ 520.00
Compressive Strength(A5114 C 31&C 39),eat' $ 25.00 5 tests 2 10 $ 250.00
Trip Charge $ 60.00 I taps 2 2 $ 120.00
Concrete Sample Pickup $ 19,000.00
Sample Pidx-Up $ 65.00 2 hours 100 200 $ 13,000.00
Trip Charge $ 60.00 1 trips 100 100 $ 6,000.00
Masonry Observation&Testing $ 8,600.00
Hasonry Technician $ 70.00 3 hours 20 60 $ 4,200.00
Compressive strength(Grout Prisms)(ASTH C 1019) $ 40.00 4 tests 20 80 $ 3,200.00
Irk,Charge $ 60.00 1 trips 20 20 $ 1,200.00
Grout Sample Pickup i 3,800.00
Ssmple Pdc-Up $ 65.00 2 hours 20 40 $ 2,600.00
Trip Charge $ 60.00 1 taps 20 20 $ 1,200.00
Structure Steel Observation f 17,750.00
Weking Inspector $ 130.00 5 hours 25 125 $ 16,250.00
Trp Charge $ 60.00 1 trips 25 25 $ 1,500.00
Shotcrete Testing $ 7,280.00
Coring Technician $ 150.00 2 hours 8 16 $ 2,400.00
Sholcrete Tedunkan $ 70.00 4 hours 8 32 $ 2,240.00
5hotcrete Core Compressive Strength(3"cores) $ 40.00 3 tests 8 24 $ 960.00
Trip Charge $ 60.00 1 Ups 8 8 $ 480.00
Project Supptes and Eµipment(coring equipment and consomatdes),per da.f 150.00 1 day 8 8 $ 1,200.00
Asphalt Observation and Testing f 3,300.00
Asphak Coring Crew $ 150.00 4 hours 1 4 $ 600.00
Asphalt Tedrndan $ 100.00 4 hours 2 8 $ 800.00
Theoretical Haxrtrxn Specsfic Gravity(ASTH 0201 t) $ 120.00 1 tests 2 2 $ 240.00
Dult Spectc Grav4y of lab molded specimens $ 300.00 1 tests 2 2 $ 600.00
Extraction(Includes gradation) $ 250.00 1 tests 2 2 $ 500.00
Asphak Core $ 70.00 t tests 2 2 $ 140.00
Trip Charge $ 60.00 l Ups 2 2 $ 120.00
Project Suppks and Equpmenl(wing equipment and consumable),per dr$ 150.00 1 day 2 2 $ 300.00
Project Management/Administration/Schoduring $ 29,950.00
Project asanager f 160.00 150 lours 1 ISO $ 24,000.00
Administration $ 70.00 85 hours 1 85 $ 5,950.00
t r.,l
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion•Cedar Park, Texas �I'erracon
November 21, 2025•Proposal No. PAC251174 Revision 1
EXHIBIT C
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Project Services
Principal, Officer, per hour $200.00
Project Level Engineer, per hour $180.00
Project Management, per hour $160.00
Administration, per hour $70.00
Professional Engineer Stamped Letters*, each $325.00
*Includes Final letters, Pad Letters, Foundation Letters, Conformance Letters, Recommendation Letters
Transportation
Trip Charge $60.00
A fuel surcharge may be added If fuel costs increase by more than 10% during the project duration.
Concrete Field Services
Concrete Technician, per hour $65.00
Sample Pickup, per hour $65.00
Construction Materials Specialist, per hour $70.00
Concrete Tests
Compressive Strength (ASTM C 31 &C 39), 4"x8", each $25.00
Compressive Strength (ASTM C 31 &C 39), 6"x12", each $30.00
Masonry Field Services
Masonry Technician, per hour $70.00
Sample Pickup, per hour $65.00
Compressive strength (Grout Prisms) (ASTM C 1019), each $40.00
Compressive strength (2-in. cubes) (ASTM C 780 &C 109), each $40.00
Soils Laboratory Testing and Classification
Atterberg limits (3 pt.) (ASTM D 4318), each $100.00
Sieve Analysis (ASTM C 136 and C 117) $150.00
Optimum moisture/ maximum dry density relations (proctors)
Laboratory Compaction Characteristics (Standard) ASTM D698, each $250.00
Laboratory Compaction Characteristics (Modified) ASTM D1557, each $280.00
Oversize Particle Correction (ASTM D4718) $50.00
Modified Proctor(State Method) TXDOT TEX 113E, each $350.00
Modified Proctor (State Method) TXDOT TEX 114E, each $250.00
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion•Cedar Park,Texas
November 21,2025■ Proposal No. PAC251174 Revision 1 lil'erracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Soils Field Services
Soils Tests (Field Nuclear Density Test - ASTM D6938), minimum 3, each $22.00
Soils Inspector, per hour $70.00
Field Gradation of lime treated soil, each $60.00
Depth check of lime treated soil, each $30.00
pH (Soil TEX 128E), each $40.00
Sulfate Content, each $50.00
Asphaltic Concrete Services
Asphalt technician, per hour $100.00
Bulk specific gravity of lab molded specimens*, set of 3 $300.00
Theoretical Maximum Specific Gravity (ASTM D 2041 or TEX 227F), each $120.00
Asphalt Extraction (Gradation) (ASTM D 2172 or TEX 210F), each $250.00
Percent Air Voids in Asphalt Core (Core collection andtesting) (TEX 207F), each $70.00
Coring Services
Coring Technician, per hour $150.00
Project Supplies and Equipment (coring equipment and consumables), per day $150.00
Structural Steel
Welding Inspector, per hour $130.00
NDT Ultrasonic Testing Technician, per hour $150.00
NDT Magnetic Particle Technician, per hour $150.00
Special Equipment Charges (Daily) — Ultrasonic equipment/consumables $180.00
Special Equipment Charges (Daily) — Mag Particle equipment/ consumables $180.00
Special Equipment Charges (Daily) —Tension Calibrator equipment $180.00
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Proposal for Materials Observation and Testing Services
BCRUA Phase 2A WTP Expansion■Cedar Park,Texas �t'erracon
November 21, 2025•Proposal No. PAC251174 Revision 1
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Reimbursable Expenses
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.
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.
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.
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