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R-09-11-12-10G4 - 11/12/2009RESOLUTION NO. R -09-11-12-10G4 WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding member of the Brushy Creek Regional Utility Authority, Inc., (the "BCRUA"), and WHEREAS, the BCRUA desires to enter into an agreement with Jacobs Engineering Group, Inc. for construction phase engineering/construction administration/construction management support services for the Regional Water Supply Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the Brushy Creek Regional Utility Authority to enter into an Agreement with Jacobs Engineering Group, Inc. for Construction Phase Engineering/Construction Administration/Construction Management Support Services for Contracts 1, 2, and 3 of Phase 1. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of November, 2009. ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nt5\0112\0905\MUNICIPAL\R91112G4.DOC/xmc ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT 1 Contract No. BRUSHY CREEK REGIONAL UTILITY AUTHORITY AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES WITH JACOBS ENGINEERING GROUP, INC. FIRM: Jacobs Engineering Group, Inc. (the "Engineer") ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, Texas 78746 PROJECT: BCRUA Regional Water Supply Project, Raw Water System, Construction Phase EngineeringServices for Contracts 1, 2, and 3 of Phase 1 (the "Project") THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES (the "Agreement") is made and entered into on this the day of , 200_ 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, (the "BCRUA" or the "Authority"), and JACOBS ENGINEERING GROUP, INC. whose offices are located at 2705 Bee Cave Road, Suite 300, Austin, Texas 78746, ("Jacobs" or the "Engineer"), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by governmental entities of services of professional engineers; and WHEREAS, the BCRUA and the Engineer desire to contract for such professional engineering services; and WHEREAS, the BCRUA and the Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: Engineering Services Contract File Name: BCRUA/Jacobs 1 Rev. 11/10/09 174070/jkg That for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement by reference) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire agreement between the parties, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 BCRUA SERVICES The BCRUA shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by the Authority." ARTICLE 2 CONSTRUCTION PHASE ENGINEERING SERVICES The Engineer shall perform or provide services as identified in Exhibit B entitled "Engineering Services / Phase 1 Construction Phase Services." Services to be performed by the Engineer include but are not limited to provision of industry standard construction phase services support related to the construction of all of Phase 1 of the Project, Phase 1 being comprised of (i) Contract 1 - raw water pipeline, (ii) Contract 2 - underwater pipeline, and (iii) Contract 3 - raw water floating intake structure (the "Services"), such Services being delineated in the referenced Exhibit B. All such Services shall be on the site of said Project or at other locations as necessary. ARTICLE 3 TERM; WORK SCHEDULE; NOTICE TO PROCEED (1) Term. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than March 29, 2013, unless extended by written Supplemental Agreement executed by the Engineer and the BCRUA prior to March 29, 2013. Any work performed or costs incurred by the Engineer after the date of term expiration or termination shall not be eligible for reimbursement. 2 The Engineer shall notify the BCRUA in writing as soon as possible if the Engineer determines, or reasonably anticipates, that the work under this Agreement will not be completed before the date of term expiration. In that event the BCRUA may, in its sole discretion, extend the term by timely written Supplemental Agreement. The Engineer shall allow adequate time for the BCRUA to review and approve the Engineer's request for extension. (2) Work Schedule. The Engineer is expected to complete the Services described herein in accordance with the Work Schedule delineated in Exhibit C entitled "Overall Phase 1 Program Schedule." The Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Services required herein so that construction of the Project will be completed as scheduled. In this regard, the Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Services required under this Agreement to the highest professional standard. (3) Notice to Proceed. After execution of this Agreement, the Engineer shall not proceed with work delineated in Article 2 herein and in Exhibit B attached hereto until authorized in writing by the BCRUA to proceed as provided in Article 7 herein. ARTICLE 4 COMPENSATION The total fee for the Engineer's Services shall be in a not -to -exceed amount of One Million Two Hundred Forty Thousand One Hundred Twenty and No/100 Dollars ($1,240,120.00). Such not -to - exceed amount shall be full compensation for all Services performed and to be performed by the Engineer under this Agreement, and such not -to -exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. The BCRUA shall pay the Engineer on a "time and materials" basis, the Engineer agrees to accept payment from the BCRUA on such basis, and the parties expressly agree that only work actually performed by the Engineer will be paid for by the BCRUA. Work tasks and estimated costs therefor are identified in Exhibit D entitled "Fee Estimate and Fee Schedule." The Engineer shall prepare and submit to the BCRUA monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of the BCRUA for such monthly progress reports shall be identified at the initial coordination meeting. Satisfactory performance of the Services and of the work required hereunder shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by the BCRUA and evidenced by a written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for Services rendered shall be made while work is in progress. The Engineer shall prepare and submit to the BCRUA, not less frequently than once per month, a progress 3 report as referenced in Article 4 herein. Such progress report shall state the time and materials utilized in the completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, the Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to the BCRUA. This submittal shall also include a progress assessment report in a form acceptable to the BCRUA. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D. Progress payments shall be made by the BCRUA based upon work actually provided and performed. Upon timely receipt of a correct statement as to form and content, and upon the approval of each statement, the BCRUA shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. The BCRUA reserves the right to withhold payment pending verification of satisfactory work performed. The Engineer has the responsibility to submit proof to the BCRUA, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from the Engineer's negligence or failure to perform to industry standards. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Govermnent Code, any payment to be made by the BCRUA to the Engineer 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. The Engineer 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 the Engineer, 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 the Engineer 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. 4 The BCRUA shall document to the Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The BCRUA shall issue a written authorization to proceed with work identified herein and in Exhibit B. The BCRUA shall not be responsible for actions taken or work done by the Engineer or any costs incurred by the Engineer relating to additional work not included herein and in Exhibit B. ARTICLE 8 PROJECT TEAM The BCRUA's Designated Representative for purposes of this Agreement is as follows: Michael F. Thuss, P.E. Program Manager 221 East Main Street Round Rock, Texas 78664 Telephone Number: 512-401-5594 Email Address: mthuss@bcrua.org The BCRUA's Designated Representative shall be authorized to act on the BCRUA's behalf with respect to this Agreement. The BCRUA or the BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's Services. The Engineer's Designated Representative for purposes of this Agreement is as follows: Drew P. Hardin Project Manager 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Telephone Number: 512-314-3100 Email Address: Drew.hardin a jacobs.com ARTICLE 9 PROGRESS EVALUATION The Engineer shall, from time to time during the progress of the work, confer with the BCRUA at the BCRUA's election. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the BCRUA, in order for the BCRUA to evaluate features of the Services and the Engineer's work. At the request of the BCRUA or the Engineer, conferences shall be provided at the Engineer's offices, the offices of the BCRUA, or at other locations designated by the BCRUA. When requested by the BCRUA, such conferences shall also include evaluation of the Engineer's Services and work. 5 Should the BCRUA determine that the progress in production of work does not satisfy the Work Schedule, then the BCRUA shall review the Work Schedule with the Engineer to determine corrective action required. The Engineer shall promptly advise the BCRUA in writing of events which have or may have a significant impact upon the progress of the Services and work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and the BCRUA assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should the BCRUA desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by the BCRUA giving the Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the BCRUA to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If the BCRUA suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will expire as to term on the date specified unless this Agreement is amended indicating otherwise. The BCRUA assumes no liability for work performed or costs incurred prior to the date authorized by the BCRUA for the Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the completion date of this Agreement. ARTICLE 11 ADDITIONAL WORK If the Engineer forms a reasonable opinion that any work the Engineer has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, the Engineer shall promptly notify the BCRUA in writing. In the event the BCRUA finds that such work does constitute extra work and exceeds the maximum amount payable, the BCRUA shall so advise the Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. The Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. The BCRUA shall not be responsible 6 for actions by the Engineer nor for any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If the BCRUA deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original Services or character of work under this Agreement, then the Engineer shall make such revisions as requested and as directed by the BCRUA. Such revisions shall be considered as additional work and paid for as specified under Article 11. The Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by the BCRUA. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if the BCRUA determines that there has been a significant change in (1) the scope, complexity or character of the work to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by BCRUA Board of Directors Resolution. Where such Board authorization is required, the Engineer shall not proceed until the appropriate Resolution has been adopted and the Supplemental Agreement has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. Both parties must execute any written Supplemental Agreement within the contract term period specified herein in Article 3. It is understood and agreed by and between both parties that the Engineer shall make no claim for extra work done or materials furnished until the BCRUA executes the written Supplemental Agreement and grants authorization to proceed. The BCRUA reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of the BCRUA and shall be furnished to the BCRUA upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the BCRUA shall be delivered to the BCRUA upon completion or termination of this Agreement. The Engineer, at the Engineer's own expense, may retain copies of such documents or any other data which the Engineer has furnished the BCRUA under this Agreement. Any release of information shall be in conformance with the requirements of the Texas Public Information Act. 7 ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at the Engineer's own expense, quarters for the performance of all Services, and adequate and sufficient personnel and equipment to perform the Services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the BCRUA, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the Project when so instructed by the BCRUA. The Engineer certifies that the Engineer presently has adequate qualified personnel in the Engineer's employment for performance of the Services required under this Agreement, or will obtain such personnel from sources other than the BCRUA. The Engineer may not change the Project Manager or other key personnel assigned to the Project without prior written consent of the BCRUA. ARTICLE 16 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from the BCRUA. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by the BCRUA prior to work being performed under the subcontract. No subcontract shall relieve the Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK The BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subcontractor, then the Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the BCRUA or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the BCRUA before any final report is issued. The BCRUA's comments on the Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of this Agreement, and any increased costs arising from the Engineer's default, breach of contract, or violation of contract terms shall be paid by the Engineer. 8 ARTICLE 20 TERMINATION This Agreement may be terminated before the stated expiration date by any of the following conditions: (1) By mutual agreement and consent, in writing, of both parties. (2) By the BCRUA, by notice in writing to the Engineer, as a consequence of failure by the Engineer to perform the Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the BCRUA, for reasons of its own and not subject to the mutual consent of the Engineer, upon not less than thirty (30) days' written notice to the Engineer. (5) By satisfactory completion of all Services and obligations described herein. Should the BCRUA terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the BCRUA shall be the sole judge. Compensation for work at termination will be based on a percentage of the Services completed at that time. Should the BCRUA terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Agreement or if the BCRUA terminates this Agreement for fault on the part of the Engineer, then the BCRUA shall give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the BCRUA, the cost to the BCRUA of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the BCRUA of the Services and work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the BCRUA and the Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." Mille termination of this Agreement is due to the failure of the Engineer to fulfill the Engineer's contractual obligations, then the BCRUA may take over the Project and prosecute the work to completion. In such case, the Engineer shall be liable to the BCRUA for any additional and reasonable costs incurred by the BCRUA. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by the Engineer in support of the work under this Agreement. 9 ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. The Engineer shall furnish the BCRUA with satisfactory proof of the Engineer's compliance. The Engineer shall further obtain all permits and licenses required in the performance of the Services contracted for herein. (2) Taxes. The Engineer will pay all taxes, if any, required by law arising by virtue of the Services performed hereunder. The BCRUA is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION The Engineer shall save and hold harmless the BCRUA and its officers and employees from all claims and liabilities due to activities of the Engineer and the Engineer's agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of the Engineer or of any person employed by the Engineer or under the Engineer's direction or control. The Engineer shall also save and hold the BCRUA harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by the BCRUA in litigation or otherwise defending claims or liabilities which may be imposed on the BCRUA as a result of such negligent activities by the Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES The Engineer shall be responsible for the accuracy of the Engineer's Services and work and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. The BCRUA shall determine the Engineer's responsibilities for all questions arising from design errors and/or omissions. The Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the Project has been completed. When the Engineer is called upon to observe the work of the BCRUA's construction contractor(s) for the detection of defects or deficiencies in such work, excluding the Engineer's responsibilities under its scope of work regarding contractor(s)' compliance in accordance with the Project plans and specifications, the Engineer will not bear any responsibility or liability for such 10 defects or deficiencies or for the failure to so detect. The Engineer shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. If the Engineer is called upon to review submittals from construction contractor(s), the Engineer shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the Engineer's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. The Engineer shall not assume any responsibility or liability for performance of the construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, miles, regulations and codes applicable to the conduct of the construction services. The Engineer shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to the BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. The Engineer warrants that the Engineer has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that the Engineer has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the BCRUA reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the frill amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. The Engineer covenants and represents that the Engineer, the Engineer's 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 for the construction of the Project. 11 ARTICLE 26 INSURANCE (1) Insurance. The Engineer, at the Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to the BCRUA. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of the Engineer, the Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). The Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. The Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. The BCRUA shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to any material change in coverage, a notice thereof shall be given to the BCRUA by certified mail to: Program Manager Brushy Creek Regional Utility Authority 221 East Main Street Round Rock, Texas 78664 The Engineer shall also notify the BCRUA, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against the BCRUA for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of the Engineer. 3. The term "the Authority" or "the BCRUA" or "the Brushy Creek Regional Utility Authority" shall include all authorities, boards, commissions, departments, and officers of the BCRUA and the individual members, employees and agents therefor in their official capacities, and/or while acting on behalf of the BCRUA. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by the BCRUA, to any such future coverage, or to the BCRUA's Self -Insured Retentions of whatever nature. 12 5. The Engineer and the BCRUA mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by the Engineer shall be borne solely by the Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS The BCRUA shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by the Engineer for govermnental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. The Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of the BCRUA. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the Project, and records of accounts between the BCRUA and the Engineer, shall be kept on a generally recognized accounting basis and shall be available to the BCRUA or its authorized representatives at mutually convenient times. The BCRUA reserves the right to review all records it deems relevant which are related to this Agreement. 13 ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: Authority: Brushy Creek Regional Utility Authority Attention: Program Manager 221 East Main Street Round Rock, TX 78664 and to: Engineer: Drew P. Hardin Project Manager 2705 Bee Cave Road, Suite 300 Austin, TX 78746 and to: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. The Engineer shall be fully responsible for the Engineer's delays or for failures to use best efforts in accordance with the terms of this Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to the BCRUA due to the Engineer's failure to perform, in these circumstances the BCRUA may accordingly withhold, to the extent of such damage, the Engineer's payments hereunder without waiver of any of the BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither the BCRUA nor the Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they 14 are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, 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 the State of Texas. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for the Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing the BCRUA to enter into this Agreement. IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be signed in its corporate name by its General Manager, duly authorized to execute same on its behalf by Resolution No. , approved by the BCRUA's Board of Directors on the day of the month of 20_, and the Engineer, Jacobs Engineering Group, Inc., signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and fiill performance of the terms and provisions hereof. BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Printed Name: Title: Date Signed: ATTEST: By: BCRUA Administrative Secretary JACOBS ENGINEERING GROUP, INC. By: Printed Name: Title: Date Signed: ATTEST: By: Corporate Secretary 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A Services to be Performed by the Authority (2) Exhibit B Engineering Services / Phase 1 Construction Phase Services (3) Exhibit C Work Schedule entitled "Overall Phase 1 Program Schedule" (4) Exhibit D Fee Estimate and Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A Services to be Performed by the Authority [Exhibit follows] BCRUA Jacobs Construction Phase Services Contract EXHIBIT A, consisting of 2 pages, referred to in and part of the Agreement between the Authority and the Engineer Services to Be Performed by the Authority A. Provide specific points of contact and means for the Engineer to communicate with the Authority. B. Provide assigned personnel access to BCRUA facilities and interfaces with BCRUA electronic software, hardware, and applications. C. Provide the timely notification and full information of the Authority's requirements for the specific project, including the Authority's standard forms, conditions, and related documents. This includes timely notice to attend or not to attend meetings or when the Engineer's services are not required on an item. D. Furnish to the Engineer available information pertinent to the specific project including reports and data relative to designs, testing, or investigation at or adjacent to the site of the specific project. Facilitate the transfer of information regarding RFIs, submittals, pay applications, and other documents. E. Provide timely written decisions to the Engineer when requested. F. Give prompt written notice to the Engineer whenever the Authority observes or otherwise becomes aware of the presence at the site of any constituent of concern, or of any other development that affects the scope or time of performance of the Engineer's services, or any defect or nonconformance in the Engineer's services, the work, or in the performance of any contractor. G. Authorize the Engineer to provide additional services as set forth in a change order. H. Arrange for safe access to and make all provisions for the Engineer to enter upon public and private property as required to perform services. I. Provide available reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the specific project. J. Advise the Engineer of the identity and scope of services of any independent consultants employed by the Authority to perform or furnish services in regard to the specific project. K. Define and set forth the duties, responsibilities, and limitations of authority of other parties and the relation thereof to the duties, responsibilities, and authority of the Engineer. L. Provide the services of an independent testing laboratory to perforin all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of the Authority, prior to their BCRUA Jacobs Construction Phase Services Contract incorporation into the work for the specific project with appropriate professional interpretation thereof. M. In a timely manner, make all available findings, field updated drawings, and reports available to the Engineer that the Engineer is required to review, act on, and make responses. N. Pay the Engineer in accordance with Texas State Law and the terms of the contract. EXHIBIT B Engineering Services / Phase 1 Construction Phase Services [Exhibit follows] EXHIBIT B — ENGINEERING SERVICES PHASE 1 CONSTRUCTION PHASE SERVICES BCRUA REGIONAL WATER SUPPLY PROJECT RAW WATER SYSTEM November 9, 2009 SCOPE OF WORK The objective of this Scope of Work is to perform construction phase services for the following BCRUA Regional Raw Water System construction contracts: • Contract 1 — 24,500 I.f. of 78 -inch pipeline from the south end of Trails End Road to the BCRUA Regional Water Treatment Plant. Duration — 24 months. • Contract 2 — 3,200 I.f. of 36 -inch underwater pipeline from the proposed floating intake to the beginning of Contract 1, piping header, and raw water meter. Duration -12 months. • Contract 3 — Raw water floating intake, electrical building, and associated electrical and SCADA equipment. Duration —10 months. Specific services included in this Scope of Work are described herein: 1. Pre -Construction Conference. Attend a Pre -Construction Conference prior to commencement of Work at the Site for Contracts 1, 2, and 3. (Assume total of 3 meetings) 2. Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 3. Visits to Site and Observation of Construction. In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site on monthly intervals during construction, to observe as an experienced and qualified design professional the progress and quality of Contractor's executed Work for Construction Contracts 1, 2, and 3. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall 11/9/2009 Page 1 JACOBS BCRUA Raw Water Intake and Pipeline - Scope of Work Phase 1 - Construction Phase Services keep Owner informed of the progress of the Work. (Assume 26 visits for Contract 1, 13 visits for Contract 2, 11 visits for Contract 3 — Total 50 visits) b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 4. Defective Work. Engineer will have the authority to reject Contractor's Work while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither Engineer's authority to reject Work nor Engineer's decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 5. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. 6. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. (Assume a total 15 change orders for Construction Contracts 1, 2, and 3.) 11/9/2009 Page 2 JACOBS BCRUA Raw Water Intake and Pipeline - Scope of Work Phase 1 - Construction Phase Services 7. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 8. Substitutes and "or -equal" Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 9. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 10. Disagreements between Owner and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. in rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 11. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of draft Applications for Payment and accompanying supporting documentation (prepared by Owner's inspection team): a. Submit recommendation to Owner on issuance of payments to Contractor. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any 11/9/2009 Page 3 JACOBS BCRUA Raw Water Intake and Pipeline - Scope of Work Phase 1 - Construction Phase Services other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 12. Contractor's Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph 11, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in paragraph 11. Furnish one set of reproducible drawings and electronic files (AutoCAD 2009 on CD ROM) to BCRUA, for Construction Contracts 1, 2 and 3. 13. Substantial Completion Inspection. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 11/9/2009 Page 4 JACOBS BCRUA Raw Water Intake and Pipeline - Scope of Work Phase 1 - Construction Phase Services 14. Additional Tasks. a. Attend monthly construction meetings with Contractor and BCRUA for Construction Contracts 1, 2, and 3 and provide meeting minutes (Assume a total of 52 construction meetings). b. Coordinate, maintain, and provide required documents to regulatory agencies and permitting authorities including TCEQ, TWDB, Travis County, City of Austin, City of Jonestown, LCRA, and Jonestown WSC. c. Project Documentation and Controls. Provide general project documentation and controls support for all Phase 1 construction projects. Support shall include, but not be limited to, development and maintenance of a document control system and project controls activities including scheduling, cost reporting, and construction progress evaluation. d. Post -Construction Phase Services. The following services shall be performed after construction is complete during the warranty period: i. Provide assistance in connection with the testing and adjusting of specific project equipment or systems. Assist Owner in training Owner's staff to operate and maintain Specific Project, equipment, and systems. Assume 40 hours electrical, 40 hours civil, and 40 hours of SCADA support. ii. In company with Owner or Owner's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. Also, provide final inspection to verify work was corrected and write acceptance letter. Note: The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in the Task Order, will terminate at the end of the 1 -year warranty period. 15. Final Inspection, Notice of Acceptability of the Work, and Post Construction Site Visits. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. During the post construction phase, Engineer shall visit the work site with Owner to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present (Assume one (1) visit per month during the 12 month warranty period for total of 12 visits). Assumptions 1. Duration of Construction Phase. The Construction Phase will commence with the execution of the first construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. Engineer shall be entitled to an equitable increase in compensation if Construction -Phase services are required after the original date for final 11/9/2009 Page 5 JACOBS' BCRUA Raw Water Intake and Pipeline - Scope of Work Phase 1 - Construction Phase Services completion of the Work as set forth in the construction Contract. 2. Jacobs' scope of work does not include making inspections or reviews of the safety programs or procedures of the construction contractor(s). Jacobs shall not review their work for the purpose of ensuring their compliance with safety standards. Construction safety shall remain the sole responsibility of the construction contractor(s). 3. Jacobs shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. Action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in Jacobs' professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. 4. Jacobs shall not assume any responsibility or liability for performance of the construction services, defects or deficiencies in the construction services, for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. Jacobs shall have no influence over the construction means, methods, techniques, sequences or procedures. 5. The estimated fees for each task are only estimates. The total not to exceed amount shall be based on the total fee estimate of all the tasks, not the individual tasks, except for Tasks B.3.a, B.3.b, and B.3.c in which the total cost for these tasks shall not exceed the budgeted amount without written authorization from the Owner. 6. The following tasks are specifically not included in this scope of work: a. Daily on-site inspection of the progress and quality of the Work. b. Administration of the testing laboratory contract(s). c. Re-establish horizontal and vertical control monuments to be used by Contractor for construction staking. d. Assist in final acceptance inspection after 2 -year warranty period on specified trees. e. Assist in final acceptance inspection after 3 -year warranty on specified trees. f. Any services required as a result of default of Contractor or the failure, for any reason, of Contractor to complete the work within the contract time. END OF SCOPE 11/9/2009 Page 6 JACOBS- EXHIBIT C Work Schedule entitled "Overall Phase 1 Program Schedule" [Exhibit follows] EXH18tr C SCRUA Regional Water System Ovorall Phaso 7 Program Schodulo(Rvsd 10/6109) BCRUA Regional Water System ass monsl n msrosl • .., w .W, ,.I. �. ... N« AI. Phase 1A-17 MGD --'--"raa5a miinsl""-`F;fsrsioc�"�s'nianaiiz Design&Construction j Raw water System 695 monti`Fi1515 Ot 1��5un t1/0 71 Fri 7127/07 _47.7 ma! Fr15/5/0G WQW2M7/t0 ini w Real FslalO At:Wsltlon ---"'� --..__-I-..._ _ FrI----SOYJ7/08 Pomfl(LnpdApprovols --"_' -- -- , • 1119 mons; 7Ru i%J109 Tuo 7nero0 AtivoRlso/BItLA,rard - _.-. - __.____.-_ t2.23 mons; FiC324108 Tuo 5118110 ......._— .-._. IN rlbwr'.. rr„M1Ni 6Rm®w : .I �' V ,n:naririo e« oenv.at'r,°uiox w•G ""'• a.iw..�""-w:d'a,ina rwirid/io ConrtmONon "—'"'—'�'?S;O mina!--Mon iOM9/09`--Sun ivuh-1 ow�wsur,'Tw•u`rryrW. ---aTi-ri;; r:;u-nei -' -ri1N i C•n,nwli•IwiIYW lwI. ._..—��._ . rw�rim i Water Treatment Plant 93 is monsj`Fi;dnyo7— sac y12 ' Final Dos b 1815 mons Fr14i't�107t Wo070122108 : Roal Fstata AF Wsltlon9 -�-�'- :115 mons Tuo sn/07j._..__.Ttiu SY27/08 ' Pormittiny 6Approvals --`";-- 73 mons j--Mon 4n 6JOTl Wod 4Y111O8 ' __.__._.._.YMO:ICC70LYY.`—_.,._.__.,_._....__.___....ice ��WW'Irli.Hij_�...__Gi w:.xgYY • ProgUWBitllA—.,tl—_ -5- a-n7_ monsl�Woil•4I241U9� 1efeC tQfl/09� _ — --- —._,� p Ctruetlon It mons; Tuo tOt27109� Sat 4liNt2 N:,i•b hwwl FMN• T 'WVM.YY fti`JM. � Hi YI-J,II W1-N1'Jli •}u:lp!!M ._.. .......r .I f.,.... 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Wrpw C� OININY.T•y Q GPM tris, EXHIBIT D Fee Estimate and Fee Schedule [Exhibits follow] Construction Phase Fee 110909.xis 11/9/2009 BCRUA FLOATING INTAKE AND RAW WATER PIPELINE EXHIBIT D - Fee Schedule (Page 2 of 2) Phase 1 Construction Phase Services (Contracts 1, 2, & 3) JACOBS' Rate Schedule (2009- 2012) Project Manager Position Sr. Project Engineer 1 Hourly Rate Project Engineer - Civil Project Engineer - Specialty (Transp, Elect, Struct) Staff Engineer (EIT) Landscape Architect CADD Designer CADD Technician Sr. Project Controls Spectlalist Project Controls Specialist Survey Technician Field Party (2 -man) Field Party (3 -man) Field Party w/ RTK/GPS (2 -man) Field Party w/ RTK/GPS (3 -man) Sr. Field Representative Field Representative Clerical / Intern $202 $189 $148 $162 $95 $142 $123 $75 $150 $120 $78 $135 $171 $168 $200 $92 $59 $55 Expenses - Terms & Conditions Reimbursable Expenses are in addition to compensa-tion for Services and include expenses incurred by the Engineer and Engineer's employees and con-sultants in the direct interest of the Project, as identified in the following Clauses. A. In -State (Texas) transportation in connection with the Project such as mileage for automobiles at the then current IRS rate. B. Out -of -State travel including, but not limited to, air travel, meals, lodging, and rental car as approved in advance. C. Fees paid for securing approval of permitting agencies. D. Outside reproduction and scanning costs. E. Computers, phones, software, and/or other equipment purchased for sole use on the Project as approved in advance by the Authority. F. Expense of overtime work of the Engineer's employees and consultants if requiring higher than regular rates as approved in advance by the Authority.. G. Other expenses if approved in advance by the Authority. 2 Construction Phase Fee 110909.xls EXHIBIT E Certificates of Insurance [Exhibit follows] DATE: November 5, 2009 SUBJECT: City Council Meeting — November 12, 2009 ITEM: 10G4. Consider a resolution authorizing the Brushy Creek Regional Utility Authority to execute an Agreement with Jacobs Engineering Group, Inc. for Construction Phase Services for Phase 1A of the Regional Water Supply Project. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities This Agreement is for construction phase services for Phase 1A of the Brushy Creek Regional Utility Authority (BCRUA) Regional Water Supply Project. Phase 1A has been separated into three contracts. Contract 1 is for the raw water pipeline that will extend up Trails End Road to the future regional water treatment plant. This Contract has been awarded to S.J. Louis Construction. Contracts 2 and 3 will have separate construction and inspection contracts and will be awarded at a later date. The estimated completion date for all three projects is 24 months. The major work items included in this Agreement are for construction administration and construction management support for all three Contracts. The total cost for this Agreement is $1,292,973 and will be allocated to the Cities based on their allocated capacity in the pipeline. Round Rock's allocated percentage is 38.56%, which totals $498,570.39 of the construction phase services cost. Strategic Plan Relevance: Public Health and Safety Strategic Initiative Goal No. 27.0 Ensure there is an adequate, affordable and safe water supply. Funding: Cost: $498,570.39 Source of funds: Regional Water Fund Outside Resources (if applicable): Jacobs Engineering Group, Inc. Public Comment (if applicable): Several public meetings have been conducted with the citizens that reside along Trails End Road, which is the location of Contract 1 of the raw water system.