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GM-13-01-16-042A Partnel'"shlp of Cedal'" Park, Leandel'". and Round Rock BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: WISS, JANNEY, ELSTNER ASSOCIATES, INC. ("Engineer") ADDRESS: 9511 North Lake Creek Parkway, Austin, TX 78717 PROJECT: BCRUA -Water Treatment Plant Filters THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § NTRN::T FOR ENGn'JEERING SERVICES ("Contract") is made and entered into on this the ayof lJA ,2013 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHO~TY, a Texas~ernment corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "BCRDA"), and Engineer, and such Contract 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 municipalities of services of professional engineers; and WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services; and WHEREAS, BCRDA and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 06/12 0140.4634-32; 00265732 196074 [3£euA 6«)-f 3-0 I-I?-D'fL 1 CONTRACT DOCDMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part ofthis Contract as ifattached to this Contract or repeated herein. ARTICLE 1 HCRDA SERVICES BCRUA shall perform or provide services as identified in Exhibit A entitled "BCRUA Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by BCRUA and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval ofthe General Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then BCRUA shall have the right to terminate this Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify BCRUA in writing as soon as possible if helshelit determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7. ARTICLE 4 COMPENSATION BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Forty-Nine Thousand Nine Hundred Seventy-Five and NonOO Dollars ($49,975.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by BCRUA. Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLES METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to BCRUA, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress assessment report in a form acceptable to BCRUA. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to 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 Engineer of the responsibility of correcting any errors and/or omissions resulting from hislher/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days ofthe day on which BCRUA receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between BCRUA and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent BCRUA from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. BCRUA shall document to 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 Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLES PROJECT TEAM BCRUA's Designated Representative for purposes ofthis Contract is as follows: Sam P. Roberts, P.E. Assistant City Manager IPublic Works & Development Services City ofCedar Park 450 Cypress Creek Rd. ICedar Park, Texas 78613 Telephone Number (512) 401-5368 Email Address sam.roberts@cedarparktexas.gov 4 BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress ofEngineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Carl J. Larosche, P.E. Principal and Project Manager 9511 North Lake Creek Parkway Austin, TX 78717 Telephone Number (512) 257-4811 Fax Number (512) 219-9883 Email Addressclarosche@wje.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested by BCRUA, such conferences shall also include evaluation of the Engineering Services. Should BCRUA determine that the progress in Engineering Services does not satisfy the Work Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise BCRUA in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (l) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment ofproject Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and 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. 5 ARTICLE 10 SUSPENSION Should BCRDA desire to suspend the Engineering Services, but not to tenninate this Contract, then such suspension may be effected by BCRDA giving Engineer thirty (30) calendar days' verbal notification followed by written confinnation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from BCRDA to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of tenninating this Contract. If BCRDA suspends the Engineering Services, the contract period as detennined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. BCRDA assumes no liability for Engineering Services perfonned or costs incurred prior to the date authorized by BCRDA for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer fonns a reasonable opinion that any work he/she/it has been directed to perfonn is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify BCRDA in writing. In the event BCRDA finds that such work does constitute extra work and exceeds the maximum amount payable, BCRDA shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perfonn any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. BCRDA shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the perfonnance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If BCRDA deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by BCRDA. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by BCRDA. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The tenns of this Contract may be modified by written Supplemental Contract if BCRUA detennines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the BCRUA authorizes full execution of the written Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services perfonned. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the tenns of this Contract are the exclusive property of BCRUA and shall be furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to Engineer by BCRUA shall be delivered to BCRUA upon completion or tennination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished BCRUA under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the perfonnance of all Engineering Services, and adequate and sufficient personnel and equipment to perfonn the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perfonn the duties assigned to them. Any employee of Engineer who, in the opinion of BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by BCRUA. Engineer certifies that it presently has adequate qualified personnel in its employment for perfonnance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions required in this Contract and shall be approved as to fonn, in writing, by BCRUA prior to Engineering Services being perfonned under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services 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 Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of 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 BCRUA before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMSIBREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering 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 BCRUA, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should BCRUA terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should HCRUA terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if HCRUA terminates this Contract for fault on the part of Engineer, then HCRUA shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to HCRUA, the cost to HCRUA of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to HCRUA of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of HCRUA and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." Ifthe termination ofthis Contract is due to the failure of Engineer to fulfill hislher/its contractual obligations, then HCRUA may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to HCRUA for any additional and reasonable costs incurred by HCRUA. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. 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 Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish HCRUA with satisfactory proof ofhislher/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. HCRUA is qualified for exemption pursuant to the provisions of Section 151.309 ofthe Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless HCRUA and its officers and employees from all claims and liabilities due to activities ofhislherlitself and hislher/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold BCRUA hannless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of hislher/its Engineering Services 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. BCRUA shall detennine Engineer's responsibilities for all questions arising from design errors and/or omissions. 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. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to 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. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it 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 Contract. For breach or violation of this warranty, BCRUA reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, hislher/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 for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire tenn while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (l) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. 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: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non­ renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA by certified mail to: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage, or to BCRUA's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS 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 Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of BCRUA. ARTICLE 29 SEVERABILITY In the event anyone or more of the provisions contained in this Contract 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 Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract 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 Contract 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 BCRUA and Engineer, shall be kept on a generally recognized accounting basis and shall be available to 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 Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: BCRUA: Brushy Creek Regional Utility Authority Attention: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets BCRUA Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Carl J. Larosche, P.E. Principal and Project Manager 9511 North Lake Creek Parkway Austin, TX 78717 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure ofEngineer to complete the Engineering Services for each phase ofthis Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the tenns ofthis Contract and the Engineer's standard ofperfonnance as defined herein. Where damage is caused to BCRUA due to Engineer's negligent failure to perfonn BCRUA may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this Contract if prevented from perfonning any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in perfonnance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and iflegal action is necessary by either party with respect to the enforcement of any or all of the tenns or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State ofTexas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services perfonned or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis ofEngineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions ofprobable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose ofinducing BCRUA to enter into this Contract. IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. By: _ George Whit@, HeRDA Seeretary WISS, JANNEY, ELSTNER ASSOCIATES, INC. BY:~~~ Signature ofPrincipal Printed Name:Co.r \ r. (...,-~~ 14 LIST OF EXHIBITS ATTACHED (l) Exhibit A BCRUA Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A BCRUA Services 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 thereofto the duties, responsibilities, and authority of the Engineer. L. 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. M. Pay the Engineer in accordance with Texas State Law and the terms of the contract. - ------------------- EXHIBITB Engineering Services SCOPE OF ADDITIONAL SERVICES As discussed during our December 10, 2012 meeting at WJE's office, the scope of services for Phase 1 and Phase 2 are included herein. A phased approach not only provides a logical distinction between the different activities required to complete the project but also pennits adjustments to be made based on the findings ofthe previously completed tasks. Phase 1 -Field Investigation Task 1 -Document Review WJE will review the provided construction documents, including drawings, specifications, response for deviations, testing and leak investigation reports by others, and associated submittals and reviews. We will provide a list of additional documents that may be needed following our initial review of the documents. Task 2 -Field Assessment WJE will travel to the site and perfonn visual assessments, including limited crack mapping, and will document observed distressed conditions on field sheets. WJE anticipates completion of this task through two site visits on consecutive days. Task 3 -Summary Presentation WJE will meet with BCRUA to present a summary of our findings from the above referenced tasks. We have budgeted for a two-hour meeting to present our findings to date, recommendations for additional investigation and testing if necessary, and conceptual mitigation and repair strategies for BCRUA's consideration. An electronic copy of our presentation can be provided to BCRUA at your request. Phase 2 -Material Assessment Task 1 -Material Sampling WJE will develop a material sampling and testing plan and travel to the site to oversee removal of the material samples from the WTP. Drilled core samples will be obtained for laboratory testing. The cores will be 4 inches in diameter, and a total of twelve cores are anticipated. Core holes will be repaired immediately following coring operations using an appropriate repair material and procedure. As discussed during the meeting at our office on December 10, 2012, WJE will perfonn additional non-destructive evaluation of the in-situ reinforcement at the filter flume and gullet slabs during collection of the material sampling. WJE's budget includes a cost estimate for Contractor support for coring the samples, gaining access to the work area, and perfonning repairs at the core locations. Task 2 -Laboratory Analysis Petrographic Analysis. Concrete cores taken from the structure will be evaluated using methods outlined in ASTM C856, Petrographic Examination of Hardened Concrete, to characterize composition and general quality ofthe concrete, as well as to identify the presence ofpotential distress mechanisms. An in­ 1 depth petrographic exam will be performed on three cores, and a brief petrographic exam will be performed on six cores to assess the potential for concrete mix variety and/or any effects of placement time. Compressive Strength. Three cores will be tested according to ASTM C39, Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens. This testing will provide basic information about the quality of the concrete. Drying Shrinkage Evaluation. Shrinkage behavior ofthe concrete mix used at the WTP will be evaluated in accordance with ASTM C157, Standard Test Method for Length Change of Hardened Hydraulic­ Cement Mortar and Concrete. At this time, WJE recommends testing four different concrete batches, two with varying amounts of fly ash, and two with varying amounts of water-reducing admixture. The drying shrinkage tests will aid in determining the shrinkage potential of the mix used as well as the impact ofthe key components ofthe mix design. WJE's budget includes a cost estimate for obtaining the concrete materials and returning the materials to our testing lab. Task 3 -Report ofFindings WJE will provide a written report, including a summary of our findings from the field investigation and material evaluation that describes our investigation and our opinions regarding the potential design and/or construction-related causes of the observed cracking. Summary figures and representative photos of the conditions will be included with the report. Our report will also provide recommendations for conceptual repair approach. 2 EXHIBITC Work Schedule Phase 1 engineering services were completed over a period of 4 weeks following Notice to Proceed, from November to December 2012. Phase 2 engineering services related to the Brushy Creek Regional Utility Authority Water Treatment Plant filters will be performed during a period of8 weeks from receipt ofNotice to Proceed. EXHIBITD Fee Schedule Attached Behind This Page ENGINEERS Wiss, Janney, Elstner Associates, Inc. ARCHITECTS 9511 North Lake Creek Parkway MATERIALS SCIENTISTS Austin, Texas 78717WJE 512.257.4800 tel 1512.219.9883 fax www.wje.com BUDGET ESTIMATE WORKSHEET -TIME CHARGES AND SUMMARY Project No.: 2012.5389 Prepared By: AJS/KDC Client: BCRUA Revision No.: 2 Description: Brushy Creek Regional Water Treatment Plant Date: 11/13/2012 Time Charges per Task Professional Time --Hours DeSCription WJE Rate SChedule: 2 Ql .:.t: Personnel CJL AS TL KDC BC TotalsIII III III .r:: ~ Level P A3 ST SA A30­ Rate 235 155 90 175 155 1 A Proposal, pre-investigation Reconnaissance Visit 2 0 0 $470 Develop Proposal 3 3 $990 Task Time Total 2 3 0 3 0 0 $1460 Task Expense Total $48 Task Total $1508 1 1 Document Review Document Review 1 8 2 12 $3685 -­r--­Evaluate mix, materials, and products 4 6 $1630 Summarize findings and prep for field assessments 4 6 $1550 Task Time Total 1 12 0 6 24 0 $6865 Task Lump Sum Total $0 Task Expense Total $196 Task Total $7061 1 2 Field Assessments Visual Survey 1 8 0 0 8 $2715 Limited Crack Mapping 0 4 0 0 4 $1240 Verify site and as-built conditions 1 4 0 4 $1475 Task Time Total 2 16 0 0 16 0 $5430 Task Lump Sum Total $0 Task Expense Total $950 Task Total $6380 1 3 Meetings and Presentation Analyze Results =i=~ 2 0 1 5.3 $1542 Develop PPT Presentation 4 0 1 12 $2890 Presentation and Meeting with BCRUA 4 0 0 $1560 Task Time Total 6 10 0 2 17.3 0 $5992 Task Lump Sum Total $0 Task Expense Total $48 Task Total $6039 Phase Time Totals 11 41 0 11 57.3 0 $19,750 Phase Lump Sum Totals $0 Phase Expense Totals $l,2S0 Iphase 1 Total II $21,000 I] ENGINEERS Wiss, Janney, Elstner Associates, Inc. ARCHITECTS 9511 North Lake Creek Parkway MATERIALS SCIENTISTSWJE Austin, Texas 78717 512.257.4800 tel I 512.219.9883 fax www.wje.com BUDGET ESTIMATE WORKSHEET -TIME CHARGES AND SUMMARY Project No.: 2012.5389 Prepared By: SWF/CJL Client: BCRUA Revision No.: 5 Description: Brushy Creek Regional Water Treatment Plant Date: 1/14/2013 Time Charges per Task Professional Time --Hours Descnptlon WJE Rate Schedule: 2 TotalsPersonnel CJ L BLL SF KDC BC TL Level P P A2 SA A3 S Rate 235 235 135 175 155 100 2 A Proposal, pre-investigation Develop Proposal 4 2 $8S0 ITask Time Total o o 4 o 2 o $8S0 Task Total $850 2 1 Material Sampling Direct coring contractor 8 $1080 Task Time Total o o 8 o o o $1080 Task Lump Sum Total $0 Task Expense Total $32S0 Task Total $4330 2 2 Laboratory Analysis Petrographic Study 1 o 1 $370 Material evaluation, admin 1 1 1.14 $S70 Collect materials 8 $800 Task Time Total 2 o 2 1.14 o 8 $1740 Task Lump Sum Total $0 Task Expense Total $17550 Task Total $19290 2 3 Report of Findings Report 1 $2SSS8 8 22 $l1S0Review 8 $800 Task Time Total 3 10 8 8 $4S05 Task Lump Sum Total $0 Task Expense Total $0 Task Total $4505 Figures Phase Time Totals S 24 2.14 10 16 $8,175 Phase Lump Sum Totals $0 Phase Expense Tota6 $20,800 Iphose 2 Total $28,975 1]II EXHIBITE Certificates of Insurance Attached Behind This Page 177909 ACORO«'J I DATE (MM/DDIYYYY)CERTIFICATE OF LIABILITY INSURANCE ~ 11/21/2012 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER ~~~~~CT Sam Barbera 312-658-4122 r.~~N.~ ~_". 847-753-7211 If~ NOI: 847-291-9371 Wells Fargo Insurance Services USA, Inc. E·MAIL sbarbera@wje.com 230 W. Monroe SI., Suite 1950 ADDRESS: INSURERISI AFFORDING COVERAGE NAIC# Chicago, IL 60606 Beazley Insurance Company 37540 INSURED INSURER A : INSURER B: Wiss, Janney, Elstner Associates, Inc. INSURERC: Attn: Sam Barbera INSURER D: 330 Pfingsten Rd. INSURER E: Northbrook IL 60062 INSURER F: REVISION NUMBER' See belowCOVERAGES CERTIFICATE NUMBER' 5210431 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR IN".. wvn POLICY NUMBER 1~~MgTMYl II~g7~g~1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ B3MMERCIAL GENERAL LIABILITY CLAIMS·MADE 0 OCCUR ~~~~~~J?:a~~~r~ence' MED EXP (Anyone person) $ $ PERSONAL & ADV INJURY $ ~ GENERAL AGGREGATE $ n'LAGGREAE LIMIT APFlS PER: PRODUCTS ­COMP/OP AGG $ POLICY ~fg LOC $ AUTOMOBILE LIABILITY l-­~~~~~~~tfINGLE LIMIT $ ANY AUTOl-­ALL OWNED l--AUTOS l-­HIRED AUTOS ~ f--­ f--­ SCHEDULED AUTOS NON·OWNED AUTOS BODILY INJURY (Per person) BODILYINJURY (Per accident) I rp~~~;'~d"Z.t?AMAGE $ $ $ $ l-­UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS·MADE AGGREGATE $ OED I IRETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A IT'1,~$T~JI~S I IOJ~' E.L. EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE $ $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ A Professional Liability (Claims Made) V15Q1E120501 01/01/2012 01/01/2014 $1,000,000 Per Claim $1,000,000 Annual Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE:WJE No. 2012.5389 -BCRUA Water Treatment Plant. CERTIFICATE HOLDER CANCELLATION Brushy Creek Regional Utility Authority SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE 9(~ I The ACORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All fights reserved. ACORD 25 (2010/05) Wlss, Jaoney, Eistoer Associates, 10(. AR'.:lllll \:.T~ 330 Pfill(j,WII RGilU ,""'\I\TI:PI.#-.LS S(-~H"JTIs.r~ NOfthbfilllk, Wmok 6{)l)t>lWJE 847.)7U4M tt'i 184/.291 .Q371 (ax \Vww.wje~(ntn Should any ofthe described policies be cancelled, reduced or materially changed beforc their expiration date, Wiss, Janney, Elstner Associates, Inc. (\VJE) \\ill provide 60 days prior wriuen notice to the named certificate holder. \VISS, JANNEY, ELSTNER ASSOCIATES, INC. P.cadq:r3r!ers & labClrato(ies·Hofth~,,?~. !I1ln('l~ A1Jitntd lIHls1.ij~ I Boston I (hiti:y(l I Cic\oflJild j D!~~idS J DeO\itf 1 Oetrolt , Honnh.th; 1 Hou':Ji)l) lu:S t\n'ge:~s I Mtrlll~d.p;)hs ~ New Hayen I New YOlk I fnnc0toil 1 Siin htit:d:~cl..) i SE:ilttt{l I \-\'il,;hlU~Ji()!i, DC 177909 DATE (MMIDDlYYYY)ACORDA CERTIFICATE OF LIABILITY INSURANCE 11/21/2012~ r THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). REVISION NUMBER' See below CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9(~ PRODUCER ~~:~~CT Sam Barbera 312-658-4122 P~~NE ~_" 847-753-7211 Ir~ Nol: 847-291-9371 E-MAILWells Fargo Insurance Services USA, Inc. sbarbera@wje.comADDRESS: 230 W. Monroe SI., Suite 1950 INSURER(S) AFFORDING COVERAGE NAIC# Chicago, IL 60606 Travelers Property Casualty Co of America 25674INSURER A : INSURED 21105INSURER B: North River Insurance Company Wiss, Janney, Elstner Associates, Inc. INSURERC: Attn: Sam Barbera INSURER 0: 330 Pfingsten Rd. INSURER E: Northbrook IL 60062 INSURER F: COVERAGES CERTIFICATE NUMBER' 5210433 CERTIFICATE HOLDER Brushy Creek Regional Utility Authority 221 East Main Street Round Rock, TX 78664 I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER 11':~JD'5~1 11~ID-6%~1 LIMITS A GENERAL LIABILITY e-­X OMMERCIAL GENERAL LIABILITYf- CLAIMS-MADE 0 OCCURf­ P6306368C258TIL12 06/01/2012 06/01/2013 EACH OCCURRENCE ~~~~~~~9E~~~~ence) MED EXP (Anyone person) $ 1,000,000 $ 300,000 $ 10,000 f-PERSONAL & ADV INJURY $ 1,000,000 f-GENERAL AGGREGATE $ 2,000,000 ~'L AGGREAE LIMIT APnS PER: PRODUCTS -COMP/OP AGG $ 2,000,000 X POLICY ~fg: LOC $ A AUTOMOBILE LIABILITY e-­P8106368C258TIL12 06/01/2012 06/01/2013 I ~~~~~~~~tfINGLE LIMIT I~ 1,000,000 X ANY AUTOf-ALL OWNED e--AUTOS X f-HIRED AUTOS ~ e-­X f- SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) I ip~~~~\~;~t?AMAGE $ $ $ X ComplColI X $500 ded. $ $500 ded. f-UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? (Mandatory In NH) YIN ~ N/A 4087043397 06/01/2012 06/01/2013 X I T~~~IfJI¥S I IOJ~' E.L. EACH ACCIDENT E.L. DISEASE ­EA EMPLOYEE $ 1,000,000 $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE ­POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REW.lE No. 2012.5389 -BCRUA Water Treatment Plant. Additional Insured: The Brushy Creek Regional Utility Authority including all authorities, Boards, Commissions, Departments and officers of the Authority and the individual members, employees and agents thereof in their official capacities, andlor while acting on behalf of the Authority Subject to the terms, conditions, limitations and exclusions of the policy evidenced herein: The above are included as Additional Insureds when required by written contract with the Named Insured under the general liability and auto liability, but only with respect to services provided by Wiss, Janney, Elstner The ACORD name and logo are registered marks of ACORD © 1988·2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) (This arific8lle raplacee cer1ificatetl 5210428 i88Ued on , 1/21/2012) CID: 177909 SID: 5210433 Additional Remarks Schedule (Continued from Page 1) Associates, Inc., regarding the referenced project. Additional Remarks Schedullt-Con'l 1:.NGil'-jELRS Wiss, Janney, Eistner Associates, Inc. ARCHlTrCTS 330 Pfingsten Road IM"·UUi\l.S SC i eN11 ST~ Northbrook, Illinois 60062WJE 8~7.m.74001el! 847.191.9371 fax www.wje.com Should any of the described policies be cancelled, reduced or materially changed before their expiration date, Wiss, Janney, Eistner Associates, Inc. (WJE) will provide 60 days prior written notice to the named certificate holder. WISS, JANNEY, ELSTNER ASSOCIATES, INC. Headquartm & laboratQries·~lorthbrook, lIIinol, Atlanta i Austin I Boslon I Chicago I Cleveland 1Dallas I Denver I Oetroit I Honolulu I Houston fos Angeles I Minneapolis I New Haven I New York I Princeton i San Francis(o ISeattle I Washington, DC