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GM-16-08-11-065 ARV Assessment Proposal JACOBS Proposal for Assistance with ARV Assessment Client Name: Brushy Creek Regional Utility Authority Document Title: ARV Assessment Proposal Revision Date: August 5, 2016 Project/Proposal No: TBD Project Manager: Glenn Bridges, PE Prepared By: Kevin Conner Division Vice President Jacobs Engineering Group Inc. 2705 Bee Cave Roard, Suite 300 Austin, Texas 78746 United States T+1.512.314.3100 www.jacobs.com Page 1 of 4 ARV Assessment Proposal JACOBS' 1 . Scope of Services and Understanding BCRUA has requested that Jacobs provide assistance in determining the cause of water being released from the installed 24"combination air release and vacuum relief valves (CAW)for the constructed 78" raw water pipeline. Jacobs provided construction plans dated July 2009 for this pipeline. The personnel listed below are assumed to be available for consultation and are considered necessary for a complete assessment. Maintenance records may be necessary as well. • BCRUA maintenance personnel • Valve manufacturer company personnel (Dezurik/APCO) • Valve manufacturer's representative company personnel (Hugh M. Cunningham, Inc.) 1.1 Scope • Jacobs will attend a kickoff meeting and site visit, and will prepare work plan with anticipated effort and costs. • Glenn Bridges and other design engineers as needed will perform site visits and conduct and assessment of the valves' performance. • Attend meetings with maintenance personnel and others to assist in the assessment. 1.2 Deliverables • A technical memorandum describing the findings of the assessment, our recommendations, anticipated costs if any, and anticipated schedule. 1.3 Compensation • BCRUA will compensate Jacobs on an hourly basis. Jacobs will provide these services at cost to BCRUA. "Cost" is described as direct salary cost plus fringe benefits provided to the employees working on the assessment. • Expenses will be billed per Item 3 under Section 2, Provisions. Page 2 of 4 ARV Assessment Proposal JACOBS 2. Provisions 1. AUTHORIZATION TO PROCEED. Signing this Agreement shall be construed as authorization by CLIENT for JACOBS to proceed with the Services, unless otherwise provided for in this Agreement. 2. LABOR COSTS. In the event JACOBS' compensation is calculated by reference to JACOBS' Labor Costs, Labor Costs shall be the amount calculated by the number of hours actually worked by each of JACOBS' employees on CLIENT's Project, multiplied by an amount charged for each such employee's work, which is calculated by dividing each such employee's annualized, non-overtime compensation (whether salary or paid to such employee at an hourly rate, as the case may be) by 2,080 hours per year. 3. DIRECT EXPENSES. JACOBS' Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at JACOBS' current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by JACOBS. 4. PROFESSIONAL STANDARDS. JACOBS shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Agreement. If after completion of the Services the CLIENT can demonstrate that the Services hereunder fail to conform to such standards, JACOBS will reperform the deficient Services at no cost to the CLIENT. 5. ADDITIONAL SERVICES. Services in addition to those specified in Scope of Services will be provided by JACOBS if authorized in writing or otherwise confirmed by CLIENT. Additional services will be paid for by CLIENT as indicated in any Letter of Proposal issued by JACOBS and accepted by CLIENT. 6. SALES TAX. In addition to any other sums or amounts required to be paid by CLIENT to JACOBS pursuant to this Agreement, CLIENT must also pay to JACOBS the amount of any applicable sales, use, excise or other tax with respect thereto (other than any general income tax payable by JACOBS with respect thereto) as the same may be levied, imposed or assessed by any federal, state, county or municipal government entity or agency. 7. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after the first request for mediation, prior to either party filing a suit in a court of law, provided, however, that neither party shall be obligated to mediate prior to requesting injunctive relief. 8. PAYMENT TO JACOBS / INTEREST ON PAST-DUE AMOUNTS. Monthly invoices will be issued by JACOBS for all Services performed under the terms of this Agreement. Invoices are due and payable net 30 days. CLIENT agrees to pay interest at the rate of 1% per month on all past-due amounts, unless not permitted by law. 9. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 10. FORCE MAJEURE. Any delays in or failure of performance by JACOBS shall not constitute breach hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of JACOBS. In the event that any event of force majeure as herein defined occurs, JACOBS shall be entitled to a reasonable extension of time for performance of its Services under this Agreement. Tom GallierGeneral ManagerAugust 11, 2016