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BCRUA_R-10-06-16-7B RESOLUTION NO. R-10-06-16-711 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into a contract("Contract") with S.J. Louis Construction of Texas, Ltd for the Raw Water Pipeline Phase One—Contract No. 1 Project, and WHEREAS, the BCRUA has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1,Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA, Change Order No. 1 to the Contract with S.J. Louis Construction of Texas, Ltd for the Raw Water Pipeline Phase One—Contract No. 1 Project, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The Board 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 16th day of June, 2010. MITCH FU LER, P esident Brushy Cr ek Re ' nal Utility Authority ATTE T: Jo Cowman, Secretary Z:\B:.IMS—d Ch—"0,d-Ka. r- 3.7. L. J. - Raw Water Pipeline (00194641).DOC/rmc BRUSHY CREEK REGIONAL UTILITY AUTHORITY A Pa r.n a r:App of Ceda• Pa r4, Lean dor, and Round Rock CHANGE ORDER No. 1 DATE OF ISSUANCE:04-28-10 EFFECTIVE DATE: OWNER: BCRUA CONTRACTOR: S.J.Louis Construction of Texas,Ltd. PROJECT: BCRUA Raw Water Pipeline Phase One—Contract 1 ENGINEER: Jacobs Engineering Group,Inc. The Contractor is hereby directed to make the following changes in the Contract Documents: Change Proposal Requests and RFD's 1. On Detail DO,Sheet C-30(Steel Pipe Assembly at Sta.40+59.62),revise callouts on Items D,F,G,H,L and M from 42-inch diameter to 36-inch diameter,per Change Proposal Request#1. DEDUCT($4,000.00) 2. Add 24-inch outlet assembly at Sta.70+50,per Change Proposal Request#2. ADD$29,975.00 3. On Detail DO, Sheet C-30, revise Items A — E from 84-inch diameter to 78-inch diameter, per Change Proposal Request#3. DEDUCT($3,000.00) 4. Add one(1) 36-inch Class E Blind Flange and delete one(1)Internal Elliptical Head Plug(Base Bid Item 2.15), per Change Proposal Request#5. ADD$4,242.86 5. Deduct$2.20/LF x 24,399 LF(for deviation from 40'joint length to 50' joint length,per RFD#1) DEDUCT($53,677.80) Unit Price Quantity Adjustments 6. Add 141 LF of Rock Berm(Base Bid Item 3.3) @ $10.00/1-F, ADD$1,410.00 7. Add 392 LF of Type B Temporary Fence(Base Bid Item 3.17) @ $10.00/LF. ADD$3,920.00 TOTAL(Items 1 -7) DEDUCT($21,129.94) EXHIBIT A Page I Project:BCRUA Raw Water Pipeline Phase One—Contract I Change Order No. I CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price: Original Contract Times: Substantial Completion(Days): 630 calendar days $ 19,371,138.19 Final Completion(Days): 730 calendar days Substantial Completion(Date): ,July 10,2011 Final Completion(Date): October 18,2011 Net Increase(Decrease)from previous Change Orders Net change from previous Change Orders No._to No. No. to No. Substantial Completion(Days): N/A " Final Completion(Days): N/A $ N/A Substantial Completion(Date): N/A Final Completion(Date): /A Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion(Days): 630 calendar days $ 19,371,138.19 Final Completion(Days): 730 calendar days Substantial Completion(Date): July 10,2011 Final Completion(Date): October 18,2011 Net insrease(decrease)of this Change Order: Net+rUease(decrease)this Change Order: Substantial Completion(Days): 20 calendar days $ ($21.129.94) Final Completion(Days): N/A Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion(Days): 610 calendar days $_19,350 008.25 Final Completion(Days): 730 calendar days Substantial Completion(Date): June 20,2011 Final Completion(Date): October 18,201-1 RECOMMENDED BY: ACCEPTED BY: By: Amflbnsl By: ENGINEER CONTRACTOR Date: /k ' '1/4i 10 _ Date: ,�1� RECOMMEND APPROVAL: MANAGEMENT REVIEW: By: By: BCRUA Construction Manager BCRUA General Manager Date: F -1 '' Date: RECOMMEND APPROVAL: By. lyrC,yr ,� BCRUA Program Manager Date: -e IG' Page 2 JACOBS. 2705 Bee Cave Road,S.A. 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 May 4, 2010 Michael F. Thuss, P.E. -------- Concur MFT/5-27/10 Construction Manager Brushy Creek Regional Utility Authority(BCRUA) 1906 Hur Industrial Boulevard Cedar Park, Texas 78613 Re: BCRUA Raw Water Pipeline, Phase One-Contract l Proposed Change Order#1 Dear Mr. Thuss: Enclosed is proposed Change Order#1,which includes the following items: 1. Net deduct of($4,000.00) for changes requested in Change Proposal Request#1. 2. Additional cost of$29,975.00 for added scope of work requested in Change Proposal Request#2. 3. Net deduct of($3,000.00) for changes requested in Change Proposal Request#3. 4. Additional cost of$4,242.86 for added scope of work requested in Change Proposal Request#5. 5. Net deduct of($53,677.80)and decrease of 20 calendar days for substantial completion for change included in RFD#1. 6. Additional cost of$1,410.00 for added quantity of Rock Berm. 7. Additional cost of$3,920.00 for added quantity of Type B Temporary Fence. The total of the above items is a net deduct of($21,129.95). Jacobs Engineering Group, Inc. has reviewed the cost information submitted by the Contractor,which is attached to the change order form. It is our opinion that the various cost additions and deductions are fair and reasonable for the changes in the scope of work,and we hereby recommend issuance of Change Order#1. Jacobs Engineering Group Inc. If you have any questions or need additional information, please call. Sincerely, JACOBS ENGINEERING GROUP, INC. J Glenn A.BridgesPiz Senior Project En XC: Chris Lippe, P.E. Kenneth A.Wheeler,Jr., P.E.,City of Cedar Park Don Rundell,P.E., City of Round Rock Wayne Watts,P.E., City of Leander Michael Thane,P.E., City of Round Rock Thomas Dawkins, P.E.,City of Cedar Park w/enclosures KA050844konstrucuon\contract!\change orderskCONI recommendation letter 050410,doc JfacoSs Engrnei-tog Crraup Inc. EXECUTED DOCUMENT FOLLOWS :e7M BRUSHY CREEK REGIONAL UTILITY AUTHORITY A Partnership of Cedar Park, Leander, and Round Rock CHANGE ORDER No. 1 DATE OF ISSUANCE: 04-28-10 EFFECTIVE DATE: OWNER: BCRUA CONTRACTOR: S.J.Louis Construction of Texas,Ltd. PROJECT: BCRUA Raw Water Pipeline Phase One—Contract 1 ENGINEER: Jacobs Engineering Group,Inc. The Contractor is hereby directed to make the following changes in the Contract Documents: Change Proposal Requests and RFD's 1. On Detail DO, Sheet C-30 (Steel Pipe Assembly at Sta. 40+59.62), revise callouts on Items D, F, G, H, L and M from 42-inch diameter to 36-inch diameter,per Change Proposal Request#1. DEDUCT($4,000.00) 2. Add 24-inch outlet assembly at Sta. 70+50, per Change Proposal Request#2. ADD $29,975.00 3. On Detail DO, Sheet C-30, revise Items A — E from 84-inch diameter to 78-inch diameter, per Change Proposal Request#3. DEDUCT($3,000.00) 4. Add one (1) 36-inch Class E Blind Flange and delete one(1) Internal Elliptical Head Plug(Base Bid Item 2.15), per Change Proposal Request#5. ADD$4,242.86 5. Deduct$2.20/LF x 24,399 LF(for deviation from 40'joint length to 50'joint length,per RFD#1) DEDUCT($53,677.80) Unit Price Quantity Adjustments 6. Add 141 LF of Rock Berm(Base Bid Item 3.3) @ $10.00/LF. ADD$ 1,410.00 7. Add 392 LF of Type B Temporary Fence(Base Bid Item 3.17) @ $10.00/LF. ADD$3.920.00 TOTAL(Items 1 - 7) DEDUCT($21,129.94) Page 1 Project: BCRUA Raw Water Pipeline Phase One—Contract 1 Change Order No. 1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price: Original Contract Times: Substantial Completion(Days): 630 calendar days $ 19,371,138.19 Final Completion(Days): 730 calendar days Substantial Completion(Date): July 10,2011 Final Completion(Date): October 18,2011 Net Increase(Decrease)from previous Change Orders Net change from previous Change Orders No.�to No. No. to No. Substantial Completion(Days): N/A Final Completion(Days): N/A $ N/A Substantial Completion(Date): N/A Final Completion(Date): N/A Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion(Days): 630 calendar days $ 19,371,138.19 Final Completion(Days): 730 calendar days Substantial Completion(Date): July 10,2011 Final Completion(Date): October 18,2011 Net inefease(decrease)of this Change Order: Net iner-ease(decrease)this Change Order: Substantial Completion(Days): 20 calendar days $ ($21,129.94) Final Completion(Days): N/A Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion(Days): 610 calendar days $ 19,350,008.25 Final Completion(Days): 730 calendar days Substantial Completion(Date): .Tune 20,2011 Final Completion(Date): October 18,2011 RECOMMENDED BY: ACCEPTED BY: By: By: i�� ENGINEER CONTRACTOR Date: 04 • '�j$ -' 10 Date: y� RECOMMEND APPROVAL: MANAGEMENT REVIEW: By: , �� By: BCRUA Construction Manager BCRUA General Manager Date: f2K- .�1�`Ir Date: Co - (6 - to RECOMMEND APPROVAL: By: ' BCRUA Board President ��GJ G�' i BCRUA Program Manager 7---- ro Date: T/-:2> "l 1 Ch Fi,41 - (P- Page 2 JACOBS 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 October 22,2009 David A.Dickerson,P.E.,M.B.A. S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio,Texas 78216 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One-Contract 1 Proposal Request#1 Dear Mr.Dickerson: Please provide a cost proposal for the following proposed additions and revisions to the subject project: 1. Add approximately 1,350 LF of 36-inch ductile iron pipe(DIP)by open cut construction,as shown on the enclosed sheets titled Contract 1:Amendment 1,dated October 22,2009. 2. On Detail DO, Sheet C-30,revise callouts on items D,F,G,H,L,and M from 42-inch diameter to 36- inch diameter to match new 36-inch DIP. 3. Delete Note 1 on Detail DO, Sheet C-30. As shown on Detail DO, Sheet C-30,the original intent was to connect the Contract 1 project to a 42-inch DIP, which was shown to be constructed by others in Contract 2. The 42-inch DIP was to be extended south of Contract 1 by open cut construction to a point where it changed to underwater construction. The 42-inch DIP has since been revised to 36-inch and the intent of Proposal Request#1 is to add to Contract 1 the portion of open cut construction originally included in Contract 2,and revise Detail DO,Sheet C-30 accordingly. Please submit the cost proposal on the enclosed bid form,which includes amounts to be added for Items 1.1 through 4.3 and the amount to be deducted from original Base Bid Item 2.5. We request that the completed bid form be returned no later than 11:00 AM on Friday,November 6,2009. Since time is of the essence,the bid form could be returned earlier if possible. If the proposal is accepted,a change order will be prepared for the work. If you have any questions,please do not hesitate to contact me at 512-314-3182. Sincerely, JACOBS ENGINEERING GROUP,INC. Glenn A.Bridges, Senior Project Eng' eer XC: Mike Thuss,P.E.,BCRUA Jennifer Higby,EIT,CDM w/enclosures K:\050844\construction\contract 1\proposal requests\proposal request#l.doc Jacobs Engineering Group Inc. CHANGE ORDER No. 1 - Item 1 YM S.J. LOUIS CONSTRUCTION OF TEXAS LTD. 98.62 Lorene.St.,Suite 200 2101340-9998 Office•2101340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer / Contractor November 11,2009 Mr. Glenn Bridges,P.E. Jacobs Engineering Group,Inc. 2705 Bee Cave Road, Suite 300 Austin,Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#1 Mr.Bridges: In response to your letter dated October 22,2009 requesting a cost proposal,please find the attached pricing. Please note the following: • Pricing includes cement mortar lined ductile iron pipe • No pipe to be installed below water surface o All items shown on Sheets D-4 and D-7 are excluded o Begin at Station 20+00.00 • Void mitigation excluded(Sheet D-5) • Deletion of any bid item without the consent of the Contractor will void this proposal. Please note that the Lake Travis water level has changed significantly since the date of the proposal request. As a result,we have only priced the portion of the project that would currently not require installation below the water surface elevation. In the event that the water surface elevation continues to rise,the alignment will be amended further to avoid installation in water and the associated pay items. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A. Ostrander, P.E. Project Manager cc: Project File Brushy Creek Regional Utility Authority Raw Water Pipeline Phase One-Contract 1:Amendment 1 Brushy Creek Regional Utility Authority Contract Forms PROPOSAL REQUEST#1 '4— N NI, V Y gn as 1.1 Bonding,Insurance,and Mobilization(maximum LS 1 $ $ of 5%of total) Trench Excavation Safety Protection,including 2.1 design and implementation of trench safety plan,as LF $ $ shown on the drawings and as specified,complete in place 36"DIP Open Cut Above Lake Water Surface Elevation,furnished and installed by open cut methods,including excavation,dewatering, 1'72- embedment,backfill,compaction,final grading, qq I' 15(to' 2.2 disposal of excess material, pipe,thrust restraint, LF "JLM 2 $ fittings,and any other incidental items that may not be included in other bid items,as shown on the drawings and as specified, complete in place 24"DIP Open Cut Above Lake Water Surface Elevation, furnished and installed by open cut methods,including excavation,dewatering, embedment,backfill,compaction,final grading, M.42- 2.3 disposal of excess material,mechanical and flanged LF 51 $ $ joint pipe,thrust restraint,fittings,and any other incidental items that may not be included in other bid items,as shown on the drawings and as specified,complete in place Jacobs Project No.050844 00300-1 10/23/2009 Brushy Creek Regional Utility Authority Raw Water Pipeline Phase One-Contract 1:Amendment 1 8'x8'x8' Water Meter Vault,including water meter and electricallcontrol wiring,excavation,dewatering, bedding,backfill,compaction,disposal of excess 168,0z'W 1�8 ao 2.4 material,concrete vault and hatch,and any other LS 1 $ $ L incidental items that may not be included in other bid items,as shown on the drawings and as specified,complete in place 121x15'x1l'Pressure Reducing Valve Vault Assembly,including excavation,dewatering, bedding,backfill,compaction,disposal of excess material, concrete vault and hatch,pipe supports,air ' 0 2.5 release valve and shutoff valve, drain line, LS 1 electricallcontrol wiring,and any other incidental items that may not be included in other bid items,as shown on the drawings and as specked,complete in place 2.6 24"Butterfly Valve,as shown on the drawings and EA 2 $ z�gip, $ 2 fQ!Y!�— as specified, complete in place Hydrostatic Testing of 36"Pipeline,as shown on -7 COU, � w) °0 2'7 the drawings and as specified,complete in place LS 1 $ / $ ) ' . .r �.he��'°'s�_� x,,L.}'76cc � r ya;t s� 4�tt'n ,`,1.,,rir�rY _ .f•:. -? �,,. ..�'°s y �„+*�',,��sa vu�..lik� r �..1` j f. a ;.t� igar.,x y �. i• aLey 'Oxlwi" °� 5� :,ir. a.5 c � �e " r> f ti «,IND # krtu 3.1 Storm Water Pollution Prevention Plan,as shown LS 1 $ j1��' $ i low on the drawings and as specified,complete in place 00 3.2 Tree Protection,as shown on the drawings and as LS 1 $ J ` $ specified,complete in place Silt Fence for Erosion Control,as shown on the 3'3 drawings and as specified,complete in place LF 1700 $ 7 ' Jacobs Project No.050844 00300-2 10/232009 Brushy Creek Regional Utility Authority Raw Water Pipeline Phase One-Contract 1;Amendment 1 OD 3.4 Rock Berm for Erosion Control,as shown on the EA 1 $ �00� $ �` drawings and as specified,complete in place Native Grassland Seeding and Planting,including 3.5 final grading,topsoil and compost,and maintenance, SY 1855 $ 3 $ as shown on the drawings and as specified,complete in place Bermuda Block Sodding,including final grading, 3.6 topsoil and compost,ScourStop product,and SY 300 $ ao $ �c` maintenance,as shown on the drawings and as specified,complete in place No � 3.7 Floating Turbidity Barrier,as shown on the LF 275 $ Dip $ QiD drawings and as specified,complete in place a4t tbadyXg cDrawal '_ar�a , IN dp t)G 4.1 SET(Type Il)(24")(RCP),as shown on the EA 6 $ pp�`� $ il�itx30�_ drawings and as specified,complete in place 4.2 RC Pipe(Class III)(24"),as shown on the LF 126 $ ` $ a i ©' drawings and as specified,complete in place Pavement Replacement,as shown in the drawings O0 (psp 4.3 and as specified,complete in place SY 170 $ �� , $ `7 1 SUBTOTAL PROPOSAL—AMENDMENT 1 $ 441,2-3 Jacobs Project No.050844 00300-3 10/23/2009 Brushy Creek Regional Utility Authority Raw Water Pipeline Phase One-Contract 1:Amendment 1 y� .- C 3, . -7,, � °��i� -"e� ''� i%•, t ,fes t- ^•�. }}� '{�,•�"�.'Ss. a. -r. + 5.1 Credit on Item 2.5 of Contract 1,reduction in size 1 $ °t: $ L} 1131`�� of 78"assembly at 40+59.62 'TOTAL-PROPOSAL REQUEST#1 $ q9 i 1441 IV 'Ilia Extra Fittings In Place(45-degree bends), q g06.00 37 �a� E.1 including joint restraint,as shown on the EA 4 $ $ drawings and as specified,complete in place. Note: Submit unit prices for extra unit price items,but do not include these amounts in Total Proposal. If extra unit price items are required,payment shall be made based on the above unit prices. . END OF SECTION Jacobs Project No.050844 00300-4 10/23/2009 JACOBS 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 Decemberl0, 2009 Curtis Ostrander S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio,Texas 78216 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One-Contract 1 Change Proposal Request#1 Dear Mr. Ostrander: This is in response to your November 11, 2009 letter regarding Change Proposal Request#1. The Owner has decided to not proceed with a change order for the additional scope of work included in the change proposal request. However, the Owner will proceed with preparation and execution of a change order for a credit based on the revisions included in the change proposal request(i.e., revising items on Detail DO, Sheet C-30 from 42-inch diameter to 36-inch diameter). In accordance with Article 10.3 of the General Conditions of the Construction Contract this letter will serve as a written Change Directive,which orders the above mentioned revisions to the scope of work. In order for a change order to be prepared and executed, we request that you provide additional information adequate to verify the pricing data used in determining the credit included in the November 11 letter. If you have any questions,please do not hesitate to contact me at(512) 314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. U"'M Glenn A. Bridge P.E. Senior Project Engineer XC: Mike Thuss, P.E., BCRUA Jennifer Higby, CDM David Dial, D.L. Dial &Associates K:\050844\construction\contract 1\correspondence\to SJ Louis\CPR#1 letter 121009.doc Jacobs Engineering Group Inc. CHANGE ORDER No. 1 - Item 2 JACO BS 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 October 30, 2009 Curtis Ostrander,P.E. S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio, Texas 78216 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One-Contract 1 Change Proposal Request#2 Dear Mr. Ostrander: Please provide a cost proposal for the following proposed additions and revisions to the subject project: 1. Add 24-inch outlet assembly at Station 70+50. Refer to Detail DN,Sheet C-30. 2. Revise locations of 78-inch butterfly valves as follows: a. From Station 101+00 to Station 67+50. b. From Station 163+50 to Station 139+00. c. From Station 220+50 to Station 212+00. Item 1 is being added to accommodate the discharge line from a future booster pump station. Item 2 does not add to the scope of work,but is to adjust the locations of 78-inch butterfly valves to accommodate connection to the future booster pump station,and to divide the pipeline into approximately equal spaced sections for ease of isolation. Items 1 and 2 will be shown on the review comments for Submittal No.02518-002 SA-09-915-Part A —Drawing Package(Lay Schedule). If the proposal is accepted,a change order will be prepared for the work. If you have any questions,please do not hesitate to contact me at 512-314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A.Bridges E. Senior Project En neer XC: Mike Thuss,P.E.,BCRUA Jennifer Higby,EIT,CDM w/enclosures K:\050844\construction\contract 1\change proposal requests\change proposal request#2.doc Jacobs Engineering Group Inc. S J. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 2101340-9998 Office-210/340-9997 Fax San Antoni©,TX 78216 Equal Opportunity Employer I Contractor November 13,2009 Mr. Glenn Bridges,P.E. Jacobs Engineering Group,Inc. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#2 Mr. Bridges: The following pricing is provided in response to your letter dated October 30,2009 requesting a cost proposal. Item Unit Qty Unit Price Total Price 24-Inch Outlet(All Items Except Associated Steel LS 1 $2000.00 $20,000.00 Pipe) Steel Pipe for 24-Inch Outlet I LS I 1 $ 10,500.00 $ 10,500.00 Total $30,500.00 Please note that the price for the 24-Inch Outlet above matches that of Item No. 2.6 of the contract documents. However,due to the timing of receiving steel pipe prices at the time of the bid,the price for steel pipe was not included in Item No. 2.6. As an alternative,the cost of the steel pipe associated with the 24-inch outlet was included in the price of the 78-inch steel pipe(Item No.2.3). The cost shown above for the Steel Pipe for 24-Inch Outlet represents the additional material/fabrication costs associated with the steel pipe for this assembly. Also note that the relocation of the three 78-inch butterfly valves will require a total of 3.25' of additional depth for the associated operator manholes. While there are material and labor costs associated with this additional depth,we are not passing this cost on to the BCRUA. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J. LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A.Ostrander,P.E. Project Manager cc: Project File Northwest Pipe Cutupany 10419 BURR OAK DRIVE- SAN ANTONIO,TX 78230• PHONE 210-340-0004• CELL 210-365-8547 To: Bidding Contractors DATE: June 29, 2009 PROJECT: 78" Raw Waterline OWNER: Brushy Creek Regional Utility Authority Attn: Estimating PTS NO.: TX-12166 Phone: BID DATE: June 30, 2009 Fax: TIME: 2:00 PM Revised Quotation We are pleased to offer prices for the steel pipe for the above noted project in accordance with the project plans& specifications and as noted herein,subject to ail Terms and Conditions attached and included herein: SPECIFICATIONS: Pipe: Steel pipe will be manufactured and tested in accordance with AWWA C200. Fittings: Fittings will be manufactured per plans and in accordance with AWWA C208& M11. NDT:All straight pipe will be hydrotested in accordance with AWWA C200, section 5.2. Fittings will be fabricated from hydrostatically tested pipe. All butt welds made after the hydrotest will be NDE inspected. Flanges: Flanges will be in accordance with AWWA C207, Class D or Class E. Interior Lining: All pipe will be furnished cement mortar lined in accordance with AWWA C205. Exterior Coating: Buried pipe will be polyurethane coated, 25 mils DFT, in accordance with AWWA C222. Exposed pipe will be shop primed with 3-5mils DFT. Prices quoted include one heat shrink sleeve per joint of buried pipe. Lengths: Standard lengths are 40 ft. with shorter lengths as required for fittings and shipping. The approximate weight of 78"pipe is 478 lbs. ! LF. Field Joints: Standard pipe will be furnished with bell &spigot lap welded joints. The approximate number of field welds is shown in the scope of work. File:TX-12166 BCRUA RWTM R1 SCOPE OF WORK The following scope of work is based on receipt of addenda 1, 2, &3. Item Description Quantity Unit Price Extension 2.2 78"Steel Water Line, 150 psi 11,794 LF Approx. 329 field welded joints (+-5%) 2.3 78" Steel Water Line, 200 psi 12,275 LF Approx. 335 field welded joints (+-5%) 2.4 78" Steel Water Line, 150 psi (Casing) 330 LF Approx. 19 field welded joints (+-5%) 1y399 2.5 Fittings for 78"Steel Water Line, 200 psi 1 LS Assembly at Sta. 40+59.62, Item includes: 84" Pipe, 78" Pipe 42" Pipe &8" Pipe 1 —42" Outlet on 84" Pipe 1 —84"x 78" Ecc Reducer 2—84" Flanges for BFV 1 —84"flange w/Blind Flange(DH-Ring) 1 —set Bolts, Nuts, Gasket for 84"Flange 1 —42" Elbow 4-cut 1 —42" Internal Dished Head 2—42" Flanges for BFV 1 —42"flange w/Blind Flange 1 —set Bolts, Nuts, Gasket for 42"Flange 4—4"flg'd outlet for BFV w/Blind w/2" Cplg 4—set Bolts, Nuts, Gasket for 4" Flange 1 —24"Access MW w/Blind on 42" Pipe 1 —set Bolts, Nuts, Gasket for 24"Flange 2—8" Outlet w/Blind on 42" Pipe 2—set Bolts, Nuts, Gasket for 8" Flange 2— 8"900 Elbows 4— 8" Flanges 2.7 Fittings required for 78" Mainline Butterfly Valve 2.8, 24" Flanged Outlet w/Blind Flange and 17 EA $10,490.00 $178330.00 2.9, attached flanged nozzle (varying diameters)for 2.10, ARV;carbon steel, including NBG for 24" 2.11, 2.12, 2.13, 2.14 2.16, Page 2 N-Milwofft P%P8Cemp=T Run Date 6/29/09 HD SUPPLY WATERWORKS, LTD. HDSWW - AUSTIN TX - N 1800 Royston Round Rock TX 78664 Telephone: 512-990-8470 Fax: 512-990-0069 6/30/09 Bid ID: 2143240 BCRUA RAW WATER LINE - PHASE 1 Page 4 Sell Net Extended Line Quantity Per Description Price Price BID ITE4 2.6: 24" PIPE ASSEMBLY 0 STATION 66+98.00 (OPEN CUT) Bid Item 2 3190 18 FT 24 TJ PR250 DI PIPE C/L 59 .52 1,071.36 3220 1 EA 24 MJ 45 BEND C/L CP DI C153 638 .40 638.40 3230 2 EA 24 STARGRIP 30242 W/MJ ACC PK 316 .88 633 .76 F/ DI PIPE 3200 1 EA 411-258007-003 24 STL CPLG 804.42 804.42 OD 25. 72-25 .88 (5861) 3210 1 EA 24 MJXFLG ADPT C/L CP DI C153 520 .00 520.00 3240 1 EA 24X1/8 FLG ACC RR FF 1, 073 .86 1,073 .86 3250 1 EA 24 FLG INSULATION KIT 150# 64 .48 64 .48 2860 1 EA 24 4500-01 MJ BFV OL ON 6, 700 .64 6,700.64 OPEN LEFT, 211OPER NUT,W/ACC 2870 2 EA 24 STARGRIP 3024P W/MJ ACC PK 316 .88 633.76 F/ DI PIPE 2970 1 EA C5 AUSTIN VALVE BOX BASE ONLY 49.50 49.50 CITY OF AUSTIN SPEC. 2980 1 EA C6 AUSTIN VLV BOX PAVING RING 25.00 25.00 CITY OF AUSTIN SPEC. 2990 1 EA C7 AUSTIN VALVE BOX WATER LID 12 .58 12.58 CITY OF AUSTIN SPEC. 3000 6 FT 6 TJ PR350 CL50 DI PIPE C/L 10.44 62.64 2880 1 EA 310" VLV STEM EXT W/SDR 30.66 30.66 OLD STYLE (NON MAG) 2900 1 EA 24X2 MJ TAPT CAP T/C DI C153 358 .40 358 .40 3040 1 EA 2X12 BRASS NIPPLE 48 .82 48 .82 3050 1 EA 2 502SS WAT THRD RW GV OL ON 197 .99 197.99 WATEROUS GATE VALVE 3060 1 EA C5 AUSTIN VALVE BOX BASE ONLY 49.50 49.50 CITY OF AUSTIN SPEC. 3070 1 EA C7 AUSTIN VALVE BOX WATER LID 12.58 12 .58 CITY OF AUSTIN SPEC. 3080 1 EA C6 AUSTIN VLV BOX PAVING RING 25 . 00 25.00 Run Date 6/29/09 HD SUPPLY WATERWORKS, LTD, HDSWW - AUSTIN TX - A? 1800 Rovst.on Round Rock TX 78664 Telephone : 512-990-8470 Fax: 512-990.-0069 6/30/09 Bid ID: 2143240 BCRUA RAW WATER LINE - PHASE 1 Page 5 Sell Net Extended Line Quantity Per Description Price Price CITY OF AUSTIN SPEC. 3090 1 EA 2X36 STD GALV NIPPLE 16.88 16.88 3100 2 EA 2 STD GALV 90 BEND FIPXFIP 5 .64 11.28 31.10 1 EA 2X24 STD GALV NIPPLE 12 .46 12 .46 3120 1 EA 2X12 STD GALV NIPPLE 6. 16 6 .16 3130 1 EA 2 GALV STREET 90 BEND MIPXFIP 7.51 7.51 3140 1 EA 77 MAINGUARD 41011B HYD 685 . 00 685.00 2-1/2NST 2" THD 90 INLET Bid Item Sub-total: 13,752.64 SJ. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 2101340-9998 Office•210/340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer I Contractor December 9,2009 Mr.Glenn Bridges,P.E. Jacobs Engineering Group,Inc. 2705 Bee Cave Road, Suite 300 Austin,Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#2 Mr. Bridges: The following pricing is a revision of that provided in our letter dated November 13, 2009 in response to your letter dated October 30,2009 requesting a cost proposal. Item Unit Qty Unit Price Total Price 24-inch Outlet(All Items Except Associated Steel LS 1 $20,000.00 $20,000.00 Pipe) Steel Pipe for 24-Inch Outlet I LS 1 $9,975.00 S 9,975.00 Total $29,975.00 The above pricing has been reduced by$525.00 based on the credit offered from the pipe manufacturer to account for the difference in the pricing for the 24"outlets shown on the attached bid and that requested(Sheet C-30,Detail DN). Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A.Ostrander,P.E. Project Manager cc: Project File it st Pipe Compcmy 10419 BURR OAK DRIVE- SAN ANTONIO,TX 78230• PHONE 210.340.0004- CELL 210-366-8347 To: Bidding Contractors DATE: June 29,2009 PROJECT: 78" Raw Waterline OWNER: Brushy Creek Regional Utility Authority Attn: Estimating PTS NO.: TX-12166 Phone: BID DATE: June 30,2009 Fax: TIME: 2:00 PM Revised Quotation' We aro pleased to offer prices for the steel pipe for the above noted pro/ect in accordance whh the project plans& speoh9eetions and as noted heroin,subject to aA Terms and Condon attached and lncMded herein_ SPECIFICATIONS: Pipe:Steel pipe will be manufactured and tested In accordance with AWWA C200, Fittings:Fittings will be manufactured per plans and in accordance with AWWA C208&M11. NOT:AD straight pipe will be hydrotested in accordance with AWWA 0200, section 5.2. Fittings vdl be fabricated from hydrostatically tested pipe. All butt welds made after the hydrotest will be NDE inspected. Flanges:Flanges will be in accordance with AWWA C207,Class D or Class E. Interior Lining: AO pipe will be fumished cement mortar lined in accordance with AWWA C205. Exterior Coating: Buried pipe will be polyurethane coated,25 mils OFT, in accordance with AWWA CM. Exposed pipe w0l be shop primed with 3-5mils DFT.Prices quoted include one heat shrink sleeve per Joint of buried pipe. Lengths: Standard lengths are 40 ft.with shorter lengths as required for fittings and shipping. The approximate weight of 78"pipe Is 478 tbs./LF: Field Joints: Standard pipe will be furnished with bell&spigot lap welded joints.The approximate number of field welds Is shown in the scope of work. Hr.TX-1Z105 SCRUA RWrM R1 §COPE OF WORK The following scope of work is based on receipt of addenda 1,2,&3. Description Qu Unit Price Extenslon 2.2 78"Steel Water Line, 150 psi 11,794 LF Approx.329 field welded joints(+-5%) 2.3 78"Steel Water Line,200 psi 12,275 LF Approx 336 field welded joints(+-5%) 2.4 78"Steel Water Lina, 150 psi(Casing) 330 LF Approx. 19 field welded joints(+-5%) 1yo9Q 2.5 Fittings for 78"Steel Water Line,200 psi 7 1 LS Assembly at Sta.40+59.82,item includes; 84"Pipe,78'Pipe 42"Pipe&8'Pipe 1 —42"Outlet on 84"Pipe 1—84"x 78'Ece Reducer 2—84'Flanges for BFV 1—84'flange w/BlInd Flange(DH-Ring) 1—set Botts, Nuts,Gasket for 84"Flange 1 —42'Elbow 4-cut 1 —42"Internal Dished Head 2—42'Flanges for BFV 1-42"flange w/Bind Flange 1 —set Bolts, Nuts,Gasket for 42"Flange 4—4'flg'd outlet for BFV w/Blind w/2'Cplg 4—set Bolts, Nuts,Gasket for*'Flange 1 —24'Access MW w/Bllnd on 42'Pipe 1 —set Bob, Nuts,Gasket for 24"Flange 2—8'Outlet w/Blind on 42'Pipe 2—set Bolts,Nuts, Gasket for 8'Flange 2—8'90'Elbows 4—8'Flanges 2.7 Fittings required for 78"Mainline Butterfly 2.8, LARV, d Outlet w/Blind Flange and 17 EA $10,490.00 $178330.00 2.9, anged nozzle(varying diameters)for 2.10, on steel,including NBGfor 24" 2111, 2.T, 2.13, 2.14 2.16, Page 2 Hatmapi"C-vam Run Date 6/29/09 HD SUPPLY WATERWORKS, LTD. HDSWW - AUSTIN TX - N 1800 Royston Round Rock TX 78664 Telephone: 512-990-8470 Fax: 512-990-0069 6/30/09 Bid ID: 2143240 BCRUA RAW WATER LINE - PHASE 1 Page 4 Sell Net Extended Line Quantity Per Description Price Price BID ITEM 2.6: 24° PIPE ASSEMBLY 0 STATION 66+98.00 (OPEN CUT) Bid Item 2 3190 18 FT 24 TJ PR250 DI PIPE C/L 59.52 1, 071.36 3220 1 EA 24 MJ 45 BEND C/L CP DI C153 638.40 638.40 3230 2 EA 24 STARGRIP 3024P W/MJ ACC PK 316.88 633.76 F/ DI PIPE 3200 1 EA 411-258007-003 24 STL CPLG 804.42 804.42 OD 25.72-25.88 (5861) 3210 1 EA 24 MJXFLG ADPT C/L CP DI 0153 520.00 520.00 3240 1 EA 24X1/8 FLG ACC RR FF 1, 073.86 1, 073.86 3250 1 EA 24 FLG INSULATION KIT 150# 64.48 64.48 2860 1 EA 24 4500-01 MJ BFV OL ON 6, 700.64 6,700.64 OPEN LEFT,211OPER NUT,W/ACC 2870 2 EA 24 STARGRIP 3024P W/MJ ACC PK 316.88 633.76 F/ DI PIPE 2970 1 EA C5 AUSTIN VALVE BOX BASE ONLY 49.50 49.50 CITY OF AUSTIN SPEC. 2980 1 EA C6 AUSTIN VLV BOX PAVING RING 25.00 25.00 CITY OF AUSTIN SPEC. 2990 1 EA C7 AUSTIN VALVE BOX WATER LID 12.58 12.58 CITY OF AUSTIN SPEC. 3000 6 FT 6 TJ PR350 CL50 DI PIPE C/L 10.44 62.64 2860 1 EA 310" VLV STEM EXT W/SDR 30.66 30.66 OLD STYLE (NON MAG) 2900 1 EA 24X2 MJ TAPT CAP T/C DI C153 358.40 358.40 3040 1 EA 2X12 BRASS NIPPLE 48.82 48 .82 3050 1 EA 2 502SS WAT THRD RW GV OL ON 197 .99 197.99 WATEROUS GATE VALVE 3060 1 EA C5 AUSTIN VALVE BOX BASE ONLY 49.50 49.50 CITY OF AUSTIN SPEC. 3070 1 EA C7 AUSTIN VALVE BOX WATER LID 12.58 12.58 CITY OF AUSTIN SPEC. 3080 1 EA C6 AUSTIN VLV BOX PAVING RING 25.00 25.00 Run Date 6/29/09 HD SUPPLY WATERWORKS, LTD. HDSWW -- AUSTIN TX - N 1800 Royston Round Rock TX 78664 Telephone.: 512-990•-8470 Fax: 57.2-990-006° 6/30/09 Bid ID: 2143240 BCRUA RAW WATER LINE - PHASE 1 Page 5 Sell Net Extended Line Quantity Per Description Price Price CITY OF AUSTIN SPEC. 3090 1 EA 2X36 STD GALV NIPPLE 16.88 16.88 3100 2 EA 2 STD GALV 90 BEND FIPXFIP 5.64 11.28 3110 1 EA 2X24 STD GALV NIPPLE 12.46 12.46 3120 1 EA 2X12 STD GALV NIPPLE 6.16 6.16 3130 1 EA 2 GALV STREET 90 BEND MIPXFIP 7.51 7.51 3140 1 EA 77 MAINGUARD 4'0"B HYD 685.00 685.00 2-1/2NST 2" THD 90 Bid Item Sub-total: 13,752.64 JACOBS' MEMO TO: Mike Thuss, P.E., Chris Lippe, P.E., DATE: 12-10-09 Kenneth Wheeler, P.E., Don Rundell, P.E.,Wayne Watts,P.E.,T.J.Dawkins, P.E., Michael Thane, P.E. FROM: Glenn A. Bridges,P.E. Raw Water Pipeline, PROJECT SUBJECT: Phase One—Contract I NO: WJXK0201 Change Proposal Request#2 Enclosed for your review is the proposal from S.J. Louis for Change Proposal Request#2 to add a second 24-inch outlet with valve adjacent to the Sandy Creek WTP site. The scope of work for the 24-inch outlet is the same as Item 2.6 in the contract bid form. However,S.J. Louis has stated that the$20,000 amount did not include all costs associated with the scope(due to the time frame available when bids were submitted), and is submitting a total proposal of$29,975. S.J. Louis also submitted the attached backup information from pipe material suppliers to justify the fact that the true cost of the installation is higher than the amount included in Item 2.6. It is our opinion that the proposal from S.J. Louis is a fair and reasonable amount for the additional scope of work, and we hereby recommend acceptance. KA050844\construction\Contract 1\correspondence\to BCRUA\CPR#2 Memo 121009.doc JACOBS' 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 December 14, 2009 Curtis Ostrander S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio,Texas 78216 Re: Brushy Creek Regional Utility Authority (BCRUA) Raw Water Pipeline,Phase One- Contract 1 Change Proposal Request#2 Dear Mr. Ostrander: This is in response to your December 9, 2009 letter regarding Change Proposal Request#2. In accordance with Article 10.3 of the General Conditions of the Construction Contract this letter will serve as a written Change Directive,which orders the additions to the scope of work that are described in Change Proposal Request#2. A change order in the amount of$29,975.00 will be prepared and executed at a later date. If you have any questions,please do not hesitate to contact me at(512) 314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A.Bridge P.E. Senior Project Engineer XC: Mike Thuss, P.E.,BCRUA OAC Jennifer :� ��j A*Jennifer Higby,CDM 1� David Dial,D.L. Dial &Associates K:\050844\construction\contract 1\correspondence\to SJ Louis\CPR#2 letter 121409.doc Jacobs Engineering Group Inc. CHANGE ORDER No. 1 -Item 3 els" 2705 Bee Cave Suite 300 Austin,Texas 78746746 U.S.R 1.512.314.3100 Fax 1.512.314.3135 November 17, 2009 Curtis Ostrander, P.E. S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio, Texas 78216 Re: Brushy Creek Regional Utility Authority (BCRUA) Raw Water Pipeline,Phase One- Contract 1 Change Proposal Request #3 Dear Mr. Ostrander: Please provide a cost proposal for the following proposed revisions to the subject project: 1. Revise items A through E on detail DO, Sheet C-30 from 84-inch to 78-inch diameter. (Note that based on Change Proposal Request#1, the outlet on Item D is 36-inch instead of 42-inch.) If the proposal is accepted, a change order will be prepared for the work. If you have any questions, please do not hesitate to contact me at 512-314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A. BriWySenior Proje XC: Mike Thuss, P.E.,BCRUA Jennifer Higby, EIT, CDM K:\050844\construction\contract I\change proposal requests\change proposal request#3.doc Jaf,pUs Logilleerrny Groin Mc. S.J. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 2101340-9998 Office•2101340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer I Contractor December 9,2009 Mr. Glenn Bridges,P.E. Jacobs Engineering Group, Inc. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#3 Mr. Bridges: The following pricing is provided in response to your letter dated November 17, 2009 requesting a cost proposal. We are able to offer a credit to the contract cost in the amount of$3,000.00 for eliminating the 84"pipe and replacing it with 78"pipe. The credit.is limited due to the suppliers of the butterfly valve and steel pipe having begun work on the associated materials. After the submittal was approved on October 20, 2009 the valve manufacturer began the fabrication process. The valve had been formed but not poured. Significant engineering and preparation work had gone in to setting the forms and testing the materials to be used. Therefore the credit for the valve size decrease from 84"to 78"is $3,000.00. Similarly,the pipe manufacturer had ordered some of the necessary appurtenances for the 84"pipe assembly including the 84"x 78"reducer and the 84" dished head plug. Returning these items will require a restocking fee and therefore their full cost cannot be recovered. The pipe manufacturer has informed us that the credit for the reduction of pipe size from 84"to 78"would be negated by the cost associated with returning the parts that had been ordered for the 84"assembly. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J. LLOOUUIIS CONSTRUCTION OF TEXAS LTD. !/v Curtis A. Ostrander,P.E. Project Manager cc: Project File Change Proposal Request#1 -Change 42-inch outlet to 36"and add 36"as change order. 1. Information emailed and delivered to DOC on Monday. Total added cost=$991,447.23. Credit for changing 42-inch outlet to 36-inch= $4,000. 2.Recommendation:Advertise as separate project instead of Change Order to S.J.Louis. (Do need to accept the deduction for changing from 42-inch to 36-inch outlet for Contract 2.) 3.Kenneth responded that he concurred with the recommendation. 4.No other responses yet. Change Proposal Request#2-Add second 24-inch outlet at adjacent to Sandy Creek WTP 1.Response from S.J.Louis dated 11-13-09 showed added cost of$30,500. Question asked because there was a bid item for identical outlet for$20,000. Response was that all costs weren't actually included in that bid item. Requested backup information from materials suppliers. Updated response dated 12-9-09 reduced the added cost a little,to$29,975. 2. Information submitted to Mike Thuss yesterday. He requested that I prepare a memo top DOC for today. 3.My memo of 12-10-09 recommends acceptance. Change Proposal Request#3-Change section of 84"pipe and 84"BFV to 78" 1. Response from S.J. Louis dated 12-09-09 offers credit of$3,000,which is minimal but due to the fact that re-stocking charges apply since they had already started some fabrication. 2.Information submitted to Mike Thuss yesterday. He requested that I prepare a memo top DOC for today. 3.My memo dated 12-10-09 recommends acceptance. JACOBS 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 December 10, 2009 Curtis Ostrander S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio,Texas 78216 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One-Contract 1 Change Proposal Request#3 Dear Mr. Ostrander: This is in response to your December 9, 2009 letter regarding Change Proposal Request#3. In accordance with Article 10.3 of the General Conditions of the Construction Contract,this letter will serve as a written Change Directive, which orders the revisions to the scope of work that are described in Change Proposal Request#3. In order for a change order to be prepared and executed, we request that you provide additional information adequate to verify the pricing data used in determining the credit included in the December 9 letter. If you have any questions,please do not hesitate to contact me at(512) 314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A. Bridges, .E. Senior Project Engineer XC: Mike Thuss, P.E.;BCRUA Jennifer Higby, CDM David Dial,D.L. Dial &Associates K:\050844\construction\contract 1\correspondence\to SJ Louis\CPR#3 letter 121009.doc Jacobs Engineering Group Inc. SJ. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 210/340-9998 Office•2101340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer / Contractor February 4,2010 Mr. Glenn Bridges,P.E. Jacobs Engineering Group,Inc. 2705 Bee Cave Road, Suite 300 Austin,Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#3 Mr. Bridges: Please consider this letter a response to your request for an explanation of the$3,000.00 credit provided as a response to Change Proposal Request#3. Please note that this credit was offered for the reduction of the butterfly valve from 84"to 78". Through discussions with our valve supplier,we have received the following description of the$3,000.00 credit: Cost of 84"valve: $65,000.00 Cost of 78"valve: $49,416.00 Cost difference between 84"/78"valves: $15,584.00 Engineering expenses prior to Change Directive: $5,350.00 Material testing expenses prior to Change Directive: $3,500.00 Design evaluation expenses prior to Change Directive: $3,750.00 Total expenses prior to Change Directive: $12,600.00 Savings available: $15,584.00-$12,600.00=$2,984.00. Please note that this amount was rounded to a credit of$3,000.00 for simplicity. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A. Ostrander,P.E. Project Manager cc: Project File raM M Ze VAL-MATIC®VALVE AND MANUFACTURING CORP. Rep:VALVE&EQUIPMENT CONSULTANTS,INC. Houston Dallas P.O.Box 1249-Huffman,TX 77336 4913 Firewheel Or.•Gadand,TX 75044 24116 Yoakum St.•Huffman,TX 77336 Phone(972)675-8870•Fax(972)675-3839 Phone(281)324-1500•Fax(281)32414595 www.vecinc.net•email:vechome@vecinc.net February 16,2010 Curtis Ostrander, P.E. S J Louis Construction 9862 Lorene Street Suite 200 San Antonio,TX 78216 RE: Brushy Creek Regional Utility Authority Raw Water Pipeline Phase One Contract 1 Proposal Request#3 Dr. Ostrander Please find a detailed breakdown of work incurred by Val-Matic due to the change directive. 1. Specification Review 2. Design evaluation including iron testing,and selection based on pressure testing requirements and application requirements 3. Torque calculations for gear sizing of 84"BFV 4. Design modification to do special testing and pressure required on the 84"BFV 5. Preliminary drawing preparation 6. Preliminary drawing review 7. Cost of evaluation of design changes required 8. Meeting with Engineering, Cost Accounting and Sales 9. Order entry processing 10. Final drawing prepared 11. Preparation of submittal data 12. Procurement of material (selection of supplies) 13. Scheduling of material supplier 14. Production scheduling Val-Matic Sales Dept. CHANGE ORDER No. 1 - Item 4 t . January 25, 2010 Curtis Ostrander, P.E. S.J. Louis Construction of Texas Ltd. 9862 Lorene St., Suite 200 San Antonio, Texas 78216 Re: Brushy Creek Regional Utility Authority (BCRUA) Raw Nater Pipeline, Phase One - Contract 1 Change Proposal Request#5 Dear Mr. Ostrander: Please provide a cost proposal for the following proposed revisions to the subject project: 1. Refer to Detail DO, Sheet C-30: DELETE Note 1 (regarding removing blind flange and connecting to existing DIP). 2. Refer to NW Pipe Drawing # SA-09-915-A-2004: ADD 1-36" Class E-5 blind flange to match#5 on material list (36" ring flange). If the proposal is accepted, a change order will be prepared for the work. If you have any questions, please do not hesitate to contact me at 512-314-3182. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A. Bridge , P.E. Senior Project Engineer .XC: Mike "fhuss, P.E., BCRLA Jennifer Higbv, EIT, CDM leS.J. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 210/340-9998 Office-210/340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer / Contractor February 3, 2010 Mr. Glenn Bridges,P.E. Jacobs Engineering Group, Inc. 2705 Bee Cave Road, Suite 300 Austin,Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract 1 Proposal Request#5 Mr. Bridges: Please consider this letter a response to your request for a cost proposal for the supply and installation of one 36-inch blind flange. This work also allows for the deleting of a 36-inch elliptical head. Our cost proposal for this work is as follows: Item Unit Quantity Unit Price Amount Add 1 —36"Blind Flange EA 1 $5,442.86 $5,442.86 Delete Internal Elliptical Head EA 1 -$1,200.00 -$1,200.00 B_id Item 2.15 _ Total $4,242.86 Please find the attached change order from Northwest Pipe Company showing the material costs for this proposal request. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS.LTD. Curtis .A. rstrandcr, P.F. 'Yoj(:Ct`VIaj-'er ec: Project Fill; .-\`tachmcnt MO Northwest Pipe Company CHANGE ORDER 351 LONGHORN RD SAGINAW, TX 76179 TELEPHONE(817)847-1402 FAX(817)232-0372 S.J. Louis Construction of Texas, Ltd. Change Order# 5 Attn: Curtis A. Ostrander, P.E. January 25, 2010 9862 Lorene Street Adding 36"Cis E blind Fig and B,N,G kit Suite 200 and deleting 36" head San Antonio, TX 78216 PH: 210-340-9998 NWP Order#: 77023 SAP M SA-09-915 BCRUA-78"Raw Water Line Submitted by: Manish Nawai Quantity Description Unit Price Amount 1.00 Adding 36"E Blind Flange and Bolt,Nut and Gasket Kit for 36"Class $5,442.86 $5,442.86 E ring X blind Flange Connection on mark number 2B 1.00 Credit for deleting 36"elliptical head on mark number 213 41,000.00 -$1,000.00 To tai: 54,442.86 Remarks: If you have any questions,please let me know_Thank you. Please sign and return one copy of this Change Order sheet indicating your acceptance of the cost.We will need this returned prior to the start of fabrication.All Terms and Conditions per the original Confirming Scope Letter shall apply. Thank You. Accepted by: Date: Customer Name/Title F Tuck ?Cord ,' 1 i X751 _.�dnted Jar,25,'OOI 1 U: 2 M,i cf 1 CHANGE ORDER No. 1 - Item 5 bit 0R-DFN BRUSHY CREEK REGIONAL UTILITY AUTHORITY RAW WATER PIPELINE, PHASE ONE-CONTRACT 1 DATE: October 6, 2009 RFD NO. 01 TO: JACOBS ENGINEERING ATTN: GLENN BRIDGES,P.E. S.J. Louis Construction requests a deviation from the specified maximum joint length for the 78" raw water main. S.J. Louis proposes to install 50 LF joints in lieu of 40 LF joints. If acceptable, BCRUA will receive a credit of$2.00 per LF of installed 78" raw water main. Credit will be executed as the 78" pipeline item is executed. Please review and respond. ❑ ADDITIONAL COMMENTS ATTACHED GATE RECEIVED STAMP Awv �.a�4� 10/6/2009 SIGNATURE DATE _ ut• ;'. David A. Dickerson South Texas Area Manager zz: ^_ : = PRINTED NAME TITLE ENGINEER RESPONSE ATTACHED 77 A USE ONLY' p:�orct.'y; 1.o: _ q'4 ,r' SIGNATURE DATE D1,R„T-121@tJi�f� cid- _ _ •,.. ,sp.o?iSr;1gsY : ":�'- j;' N At VIA 0 6*S t* GT f,19 f E a- RETURNED'I`'j3'dtiiu? 0y. PRINTED NAME TITLE JACOBS► 2705 BeeGaf Rcac Stile30n Aus;,r,Tex,—,?a;46 aE U S A 512 314.3 tib'=�)-c t 35 December 11, 2009 Curtis Ostrander S.J.Louis Construction of Texas Ltd. 9862 Lorene St.,Suite 200 San Antonio,Texas 78216 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One-Contract 1 RFD#1 Dear Mr.Ostrander: Attached is a copy of signed RFD#1. In order for a change order to be prepared and executed,we request that you provide additional information adequate to verify the pricing data used in determining the credit included in the RFD. If you have any questions,please do not hesitate to contact me at(512)314-3182. Sincerely, JACOBS ENGINEERING GROUP,INC. Glenn A.Brid s,P.E. Senior Project Engineer XC: Mike Thuss,P.E.,BCRUA Jennifer Higby, CDM David Dial,D.L. Dial &Associates K:\050844\constniction\contract 1\coirespondence4o SJ LOU 1s\RDF#1 letter 121109.doe S.J. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 2101340-9998 Office•210/340-9997 Fax ban Antonio,TX 78216 Equal opportunity Employer I Contractor January 23, 2010 Mr. Glenn Bridges,P.E. Jacobs Engineering Group, Inc. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract I Request for Deviation#1 Mr. Bridges: Please consider this letter a response to your request for an explanation of the credit provided in accordance with Request for Deviation#1. As shown on the attached quote from the steel pipe supplier,the credit offered for changing from 40-foot joints to 50-foot joints was$3.00/ft. The credit accepted by BCRUA for this change was$2.00/ft. The credit offered to BCRUA was reduced to account for the additional time required to work with 50-foot joints as well as the cost of changed construction(longer,heavier trench boxes,etc). Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A. Ostrander, P.E. Project Manager Attachments cc: Project File 27982 S.1. LOUIS CONSTRUCTION Dote f 7189 OF TEXAS i l D., LLP Shio To 'al curs P.O. Box 834 GCAA PARx.-Ts'yrF— Monsfield,Texas 76063 (3 17) 477-0320 Fox (8 17) 477-0552 ToAPO C.41,3ar-x.�_ !OB or UNff 0 Date Required Ship Via F.O.B. Terms City.Ordered Qty.Received Description Price Amount Terms 8 Conditions 1.If product does not meet specifications we have the right to terminate order. 2.Any changes in price must 6e communicated to us in writing within 10 days. 3.If quantities requested can not be delivered on time we have the right to terminate order. 4.You warrant that you cre in compliance with all local,state and federal laws in providing this product to us PURCHA E QRDER Ordered 6y _ Show;his purchase Order number on all correspondence,Invoices, Authorized b shieping papers and package .JOB# ©ATEI-&/r3g LVW DADS PC�q of Northwest Pipe Company 10419 BURR OAK DRIVE-SAN ANTONIO,TX 78230-PHONE 210-340-0004-CELL 210-366-8547 To: S.J. Louis Construction DATE: September 1, 2009 9862 Lorenest, Suite 200 PROJECT: 78" Raw Waterline San Antonia, TX 78216 OWNER: Brushy Creek Regional Utility Authority Attn: David Dickerson PTS NO.: TX-12166 Phone: (210)340.9998 BID DATE: June 30, 2009 Fax: (210)340-9997 TIME: 2:00 PM Revised - Confirming Quotation We are pleased to offer prices for the steel pipe for the above noted project In accordance with the project plans& specifications and as noted herein,subject to ad Terms and Cond1dons attached and included herein: SPECIFICATIONS: Pipe:Steel pipe will be manufactured and tested in accordance with AWWA 0200. Fittings:Fittings will be manufactured per plans and in accordance with AWWA C208&M11. NDT:All straight pipe will be hydrotested in accordance with AWWA C200, section 5.2. Fittings will be fabricated from hydrostatically tested pipe. All butt welds made after the hydrotest will be NDE inspected. Flanges: Flanges will be In accordance with AWWA C207,Class D or Class E. Interior Lining: All pipe will be furnished cement mortar lined in accordance with AW NA C205. Exterior Coating:Buried pipe will be polyurethane coated,25 mils DFT,in accordance with AWWA C222. Exposed pipe will be shop primed with 3-5mils DFT. Prices quoted include one heat shrink sleeve per joint of buried pipe. Lengths: Standard lengths are 40 ft. with shorter lengths as required for fittings and shipping. The approximate weight of 78"pipe is 478 lbs,l LF. Field.Joints: Standard pipe will be furnished with bell& spigot lap welded joints. The approximate number of field welds is shown in the scope of work. AY DATE J/ 01 LVW DAD PC y°'i 9l249i MSI:-7 NW' y Fife:PINdP-S JL Qcnf.�uct��1-09 471WO � .- (j; ?'aft£N1h,.-1 doer( V SCOPE OF WORK The following scope of work is based on receipt of addenda 1, 2, &3. Item Description Quantity Unit Price Extension 2.2 78"Steel Water Line, 150 psi 11,794 LF Approx. 329 field welded joints(+-5%) 2.3 78"Steel Water Line,200 psi 12,275 LF Approx. 335 field welded joints(+-5%) 2.4 78" Steel Water Line, 150 psi (Casing) 330 LF Approx. 19 field welded joints(+-5%) 2.5 Fittings for 78"Steel Water Line,200 psi 1 LS Assembly at Sta.40+59.62, Item includes: 84"Pipe, 78"Pipe 42"Pipe&8"Pipe 1 —42"Outlet on 84"Pipe 1 —84"x 78"Ecc Reducer 2—84"Flanges for BFV 1—84"flange vi/Blind Flange(DH-Ring) 1 —set Botts, Nuts,Gasket for 84"Flange 1 —42"Elbow 4-cut 1 —42" Internal Dished Head 2—42"Flanges for BFV 1 —42"flange w/Blind Flange 1 —set Bolts, Nuts,Gasket for 42"Flange 4—4"flg'd outlet for BFV w/Blind w/2"Cplg 4—set Bolts, Nuts, Gasket for 4"Flange 1 -24"Access MW w/Blind on 42"Pipe 1 —set Bolts, Nuts,Gasket for 24"Flange 2—8"Outlet w/Bllnd on 42"Pipe 2—set Bolts, Nuts,Gasket for 8"Flange 2—8"90°Elbows 4—8"Flanges 2.7 Fittings required for 78"Mainline Butterfly 3 EA Valve 2.8, 24"Flanged Outlet w/Blind Flange and 17 EA 2.9, attached flanged nozzle(varying diameters)for 2.10, ARV; carbon steel, including NBG for 24" 2.11, 2.12, 2.13, 2.14 2.1 R —Ile 2 Cdtl"we+Et^�Ccr:rn�xr� 2.15 Internal Dished Head 6 EA Item includes: 1 —78"Dished Head 1 --Backing Strap 1 —6"Flanged Outlet with Blind 1 —set Bolts, Nuts,Gasket for 6°Flange 1—2"Threaded Half Coupling w/Plug (no mayway included) 2.17 Fittings for 18'Drain Valve 9 EA Item includes: 1 —18"BS End Tangential Outlet 1 —18"Buttstrap 1 —18"Spoof BS x Flange 2.18 24"Flanged Outlet wl Blind Flange and Lifting 6 EA Lugs;including NSG's Extra EA Fabrication costs for 22'12 degree bend Per EA Fabricated from previous( urchased pipe Deduct per foot for 50'joints of pipe only. LF $3.00 4RAAC- eat_xl uurl t APP T-LA iN u f" VtTs m- Be PtOVEPC-o 0� hit -F+u+�[ ti Cew4ANY WI - NWW Ptd MA-ZQ(At.S MUFTI= WltTa i• t{.tWEST P1P5 i 'irf�Lt. EXCLUSIONS: Unless specifically listed above, the following items are excluded from our quotation: 1. Valves,couplings,meters,gauges or similar instrumentation;supports or appurtenances. 2. Flange bolts,nuts and gaskets, Flange insulating kits or link seals. 3. Cathodic protection materials or corrosion monitoring systems. 4. Air valve or blow-off piping past the outlet in the mainline pipe. 5. Pipe other than steel and as listed above. 6. Bulkheads,blind flanges,caps or other items required for field hydrotesting. 7. Lifting lugs,pipe handling attachments or related items. 8. installation, field welding or supervision PRICING: 1. Quoted prices are based on receiving an order for all items quoted. Unit prices govern, extensions are informational only. levoicing will be based on the actual quantities supplied. 2. Payment terms are Net(30)thirty days from date of invoice. Final acceptance of all orders is subject to approval by Seller's Credit department. A 1.5%finance charge will be assessed on all late payments. Seller reserves the right to stop delivery on any project which has outstanding invoices not paid within(60)sixty days of invoice date. No retention is allowed. Seller will file intent to file bond claim and/or intent to lien on all projects. 3. Prces quoted includes all mainline elbows, tees, access manways, air valve and blowoff outlets, reducers,fanges, nuts, bolts and gaskets for all mainline mating flanges,couplings and butt-straps for!field adjustments. ?age 3 4. Any revisions to the project drawings may necessitate a price revision and an approved change order prior to the revision being effective. DELIVERY: 1. Based on Seller's current work-load,subject to verification of schedule at the time of order, shop drawings can be submitted for approval in approximately 4-6 weeks after receipt of all necessary information required for layout and detailing(i.e.,starting point,direction of lay,valve dimensions, size and location of tie-ins,existing pipe connections etc.). Additional engineering time beyond the original scope of the contract due to change orders or revisions will be billed at the rate of$100.00/hour. 2. Delivery will be negotiated at time of order,but no sooner than 8-10 weeks after receipt of approved shop drawings,whichever is later. 3. Shipping rate and firm delivery will be arranged by mutual agreement between Northwest Pipe and Buyer upon receipt of approved drawings. Any agreed upon delivery will be on a"Take or Pay"basis. 4. The Buyer will give(48)forty-eight hour's notice to Seller for scheduling delivery of pipe and materials. Prices are based on deliveries In full truckload lots;deliveries requested for materials in quantities less than truckload lots will be billed to the Buyer at the full truck load rate. GENERAL TERMS &CONDITIONS: 1. FOB:Prices are F.O.B.Seller's Plant with full freight allowed to jobsite where trucks can drive and turnaround under their own power. Standby time is limited to one(1)hour. Additional standby time will be billed at$100.00/hour. Any other costs will be billed at 10%above the actual charge. Freight charges included in the above pricing are based on shipping full truckloads from Sellers plant. 2. Bracing&Shipping Cradles:All pipe as required,will be braced with stulls on each end. This bracing is for shipping purposes only and not designed for grouting or installation loads. Any special requirements, Le. vertical elongation etc,will be the sole'responsibility of the Buyer. Shipping cradles and stulls are property of Seller and are to be grouped and reloaded on trucks, at the Buyer's expense, for reuse by Seller, if required. Please note that any bunks or stulls not returned in reusable condition will be billed to the Buyers account at full replacement cost. W-eWQNLJfY ID COOAPlt*r� VAD 3. Schedule:Any revised delivery schedule will be renegotiated between Buyer and Seller and will take into account Seller's current schedules of work on hand as well as current availability and prices of materials. Any delays on the project resulting in production or delivery delays longer than thirty(30)days may result in an escalation charge to be negotiated between the Buyer and Seller. 4. Backcharges:S eller will not recognize backcharges of any kind that are caused by inicking delays, Seller supplier delays,weather, or items beyond Seller's control. Seller must be notified of all problems to participate in and!or approve any corrective action. Any claim must be receivad by the Seller in writing,within 7 calendar days from date of occurrence. 8, Liquidated Damages: Seller W1 not be held liable for liquidated damages in any r lann=r. Pare 4 i'e1L`t rmtt 7pBC.mp21= 6. Taxes: Seller's pricing excludes all duty, federal, state or local sales taxes of any kind. 7. Standard Terms: The attached Northwest Pipe Company terms and conditions shall be made part of this quotation. 8. Field Services: Northwest Pipe Company will furnish on a periodic basis the services of one of our field representatives to advise the Buyer during installation. No field work other than advisory services is included in this quotation. In no event shall the Seller be liable for any conditions relating to or arising from product installation. For additional information concerning this quotation,please contact Dan Myers at telephone number(210) 340-0004. ACCEPTED IN ACCORDANCE WITH THE TERMS $ CONCITIONS HEREIN UNLESS ACCEPTED BY BUYER WrrHN 24 HOURS OF HID DATE,THIS EXPRESSED SUBJECT TO AWARD OF CONTRACT TO THE UNCEASIGNED. OFFER IS SUBJECT TO REVISION AND/OR CONFIRMA-90N BY SELLER. Firm: S,T totrtK q= AS L7D. Northwest Pipe Company Pftio A, Ioi4xap400 Daniel G.Myers, P.E. Title: 5,0UTV,TEXAS_ p,-EA- µANA";t- Title: Sales Representative Date: 124 09 Gate: September 1, 2009 Page 5 Cxlhwe�Plpe Cnt*�y Northwest Pipe Ccanplany TERMS AND CONDITIONS 1. COMPLETE AGREEMENT:This transaction shall be governed solely and exclusively by the terms and conditions set forth below, and in the attached sales order,scope letter or proposal form. OUR ACCEPTANCE OF THE CONTRACTOR'S SUBCONTRACT IS EXPRESSLY MADE CONDITIONAL ON CONTRACTOR'S ASSENT TO ANY TERMS AND CONDITIONS SET FORTH HEREIN ADDITIONAL TO OR DIFFERENT FROM THOSE PROPOSED BY CONTRACTOR IN HIS SUBCONTRACT, Seller objects to any terms in the subcontract that are different or in anyway inconsistent with the terms set forth herein. All orders are subject to final acceptance at the main office of Seller.There are no understandings,terms or conditions not fully expressed herein. 2. PRICES:Prices are only firm for acceptance within 30 days from date of quotation,subject to the Buyer meeting agreed upon shipping schedules. 3 a Nip masts 91i malaAela ape p astpepied 08F SAY MOW.09W 11MOR 3. PAYMENT:Payment terms are set forth in the attached sales order or scope letter. nest mid si iy eddiiie a!�eight chniges eild�a,eltetmie of sialege fees R ei!10,be eadsed by queh a deley mo Prices of'speGal goods are subject to change in the event the Contractor requests that the design of the product be changed. If Contractor shall fail to comply with any provision of this contract or fall to make payments In accordance with the terms of this contract or of any other contract between Contractor and Seller,Seller may at its option defer further shipments or,without waiving any other rights it may have,terminate this contract All deliveries shall be subject to the approval of Seller's credit department Seller reserves the rig ht before making any delivery to require payment in cash or security for payment;and if Contractor fails to comply with such requirement,Seller may terminate this contract 4. DELIVERY AND RISK OF LOSS;Unless otherwise specified herein,delivery shall be FOB Seller's manufacturing plant,and risk of loss shall pass to Contractor upon delivery of goods to carrier. If Contractor shag require that goods be shipped to his order with freight prepaid or allowed,It Is agreed that after delivery of the goods to the carrier,Seller shall be acting for the Contractor's account and accommodation. Seger may choose the means of transportation when Contractoes order does not provide specific instructions otherwise. Any special packing requirements shall be for the account of Contractor, Seger shallhave no(lability whatsoever,nor shall the order of Contractor be subject to authority,or by labor disturbances,difficulties orstrike,war,insurrection, riot,sabotage,failure or delay in transportation,breakdown of equipment,shortages of cars,or of fuel,energy,labor,supplies or materials,weather severe enough to preclude manufacture or handling or shipment of the goods,default of a supplier or subcontractor,accident,fire,flood,explosion,inability to obtain containers or raw material,govemmental laws,ordinances,rules and regulations,or any other circumstances or cause of any kind whatsoever beyond the control of Seller. If due to any such contingency,Seller is unable to supply the total orders of all its customers,Seller shall have the right to prorate Its available supply among its customers,Including Contractor. In no event shall Seller be obligated to purchase the goods from others in order to enable it to deliver goods to Contractor hereunder. In case of failure ofthe Contractor to accept delivery hereunder,no physical tender of the goods by Seller shall be necessary,but written notice of Seller's readiness and willingness to deliver any quantity of the goods at any time specified shall be equivalent to physical ter der thereof. a. PARTIAL SHIPMENTS:Seller shall have the right to make and to Invoice for partial shipments of the goods ordered. 6. TAXES:Any taxes Imposed by federal,state or other governmental authority on the sale,use,manufacture,import,export,or processing of the goods referred to herein,or in the material and services used therein,shag be added to Seller's invoices and paid by Contractor in addition to the quoted prices,unless Contractorfumishes Seller with appropriate exemption certificates. 7. CANCELLATION AND CHANGES:Orders submitted by Contractor pursuant hereto and accepted by Seller are not subject to cancellation,complete or partial,without Seller's prior written consent.Any reduction in quantifies ordered shall constitute a partial cancellation subject to this clause. Canceilations consented to by Seller shall be on the following basis: A. Contractor shall pay Seller,upon_delivery,the full purchase price of all goods completed at the time Seller consents to cancellation and,if Seller elects to complete any part or all of the goods scheduled for dellverywdhin(30)thirty days from such time,the full purchase price of all such goods so completed. With respect to work in progress,Contractor shall further pay to Seller an amount determined by the percentage of completion thereof as determined by Seller's normal cost accounting methods. B. Contractor shall pay the full smorbed costs of materials,dies,tools,patterns and fixtures made or contracted specifically for Contractor's order and for all scheduled production time which cannot be reasonably rescheduled. C. Invoices for all cancellation charges are payable promptly upon presentation. If within(60)sixty days from the presentation of such invoice Contractor does not instruct Seller as to the disposition of surplus materials,goods,etc., arising from the cancellation,Seller may set]the same and credit Contractor in the amount of the proceeds of any such Page 6 taoc west PlpeCmAp=1 ...............I.................. . sale,less Sefler's costs incurred in handling,storing and selling such items. 0. Contractor shall also pay the reasonable cost and expense incurred by Seller in making a settlement hereunder and In protecting any property in which Contractor has an interest. Seger may,at its election,either cancel this contract,or demand that the Contractor furnish within(10)tan days a guaranty of full payment which satisfies Seller,upon theocicunrencIa of any of the following events: a. Contractor's arbitrary deductions from payment due to Seller,or failure to comply with any contract terms with respect to any shipment or on account of any transfer of,or change in,Contractor's business; b, Contractors insolvency, C. Contractor's suit by other creditors; d. Contractors failure to meet financial obligations to Seller,or e. Impairment of Contractor's credit information or Sellers receipt of unfavorable credit reports made to Seller through usual channels of credit information. Seller will defer manufacture or delivery of any goods to the extent agreed to in writing, Contractor shall reimburse Seller for any additional expense caused or incurred by changes requested by Contractor. In the event of delay,interruption or interference with Sellers work caused by Contractor or agents of Contractor,Seller shall be entitled to reasonable extensions of time and also to reasonable adjustment of the contract price including but not limited to, compensation for additional cost of rehandling,transportation,materials,labor,overhead and protective expenses. 8. PATENT INFRINGEMENT:Contractor shalt,in respect to any goods manufactured or processed in accordance with design, processes or formulas supplied,determined or requested by Contractor,or labeled or marked with a trademark or trade name requested by Contractor,defend,hold harmless and indemnify Seger for aft expenses,cost(IncSuding attorneys'fees)damages and Estes awarded in ay suit or action,civil or criminal,or appeal tt>erefrom,brought against Seller by any person,for the infringement or misuse of any letters,patents,trademarks,trade names or trade secreta by reason of the use of such designs, process,formulas,trademarks or trade names. Seiler shall be entitled to be represented in any such suit,action or appeal at Its own expense. 9. INSPECT]ON AND ACCEPTANCE:Contractor shall inspect all materials immediately upon denvery and shall with respect to shortage andlor damage to materials as delivered orfaikrre of materials to be dimensionally correct or conform to shop drawings, A. Nate such discrepancies on the Sellers applicable bill of lading;and B, Notify Seller orally of such discrepancies by the next regular work day following delivery;and C. Give written confirmation to Seller within(7)seven days of oral notification. Failure of Contractor to comply with this requirement shag constitute an irrevocable acceptance of the goods and bind them to pay the price thereof. 10. WARRANTIES:The goods sold hereunder are subject to Sellers standard manufacturing variations,tolerances and classifications. Seller warrants that it has good and sufficient title to the goods,that the goods are made in a workmanlike manner and In accordance%0h the specifications therefor supplied or agreed to by Contractor,and are made or packaged pursuant to Sellers customary manufacturing procedures. Seger assumes no responsibility for the adequacy of performance of engineering, design or specifications furnished by Contractor or others. Seller's sole obligatlon under the foregoing express warranties shall be to repair,replace or refund the purchase price of,at Sellers option,any article of goods,or part thereof,which shall be returned to Seller's plant of fxn4eelei's esek and proved by Contractor to be other than as warranted. The remedy hereby provided shall be the exclusive and sole remedy of Contractor for breach of the foregoing express warranties.This express wermntywlg be for a period of(1)one-year after the date of delivery of the goods. THE ABOVE EXPRESS WARRANTIES OF SELLER ARE THE SOLE WARRANTIES OF SELLER,AND ANY OTHER WARRANTIES,EXPRESSED,IMPLIED IN LAW OR IN FACT,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING EXPRESS WARRANTIES,ARE HEREBY DISCLAIMED BY SELLER 11. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES:No claim of any kind,whether as to goods delivered or for non-delivery of goods,shalt be greater in amount than the purchase price of the goods in respect of which such damages are claimed,and figure to give notice of claim within the tlme limits stated in paragraphs 9 and 10 above and shall constitute a waiver by Contractor of all claims in respect of such goods.The remedy hereby provided she];be the exclusive and sole remedy of Contractor,except as otherwise provided herein.Any right of Contractor to consequential and incidental damages for the breach by Seller of any term contained in this sales order,including the warranties provided in paragraph 10 above,is excluded. 12. TITLE:Unless specifically provided to the contrary elsewhere in this sales order,title to the goods described herein shalt not vest in Contractor until full cash payment of the purchase price therefor is received by Seger. Seller intends to put Contractor in possession of the within described goods or portion thereof,before full payment is due, and therefore,in order to protect Seller against default in payment and against execution,attachment or other written levied on Contractor's property,it is hereby expressly understood that A. The title to the goods covered by this sales order and the right to repossess the goods shall remain with Seller and Contractor acknowledges Sellers security Interest in the goods,until full payment thereof in cash shall have been Page 7 ramrnvmea zrvec�v�x recelved by Seller in accordance with the terms agreed upon,and all notes,if any,shall have been paid in full in cash. In event of default of any payments herein provided for,Seller may repossess the goods and all additions thereto wherever found free from any and all claims whatsoever,or may assert a mechanic's Hen,or may enforce any and all other remedies legally available to Seller,and Seller shall not be held liable in any action at law on Contractor's part for such reclamation,nor for the repayment of any money which may have been paid by Contractor in part payment for said goods,it being expressly agreed that such part payments are to be deemed reasonable rental for Contractor's use of said goods..,,: ...._ B. No part of the goods furnished under this sales order shall be considered a fodure or a pert of any realty by reason of its being attached to real estate,and any part may be separated from real estate for the purpose of repossession by Seller or its agent without liability for such removal if Contractor is in default in payment of the purchase price. C. Seller shall have the right to elect to assert its claim of a mechanic's lien against the property upon which the goods are erected and to waive its right to repossess the goods under paragraphs A.and S.above any time before the expiration of the time faced by law for filing a mechanie's lien. D. At Sellers option,Contractor shall execute Uniform Commercial Code Financing Statements and an agreement of conditional sale on a form satisfactoryto Seller and relating to Contractors acquisition of the goods described herein. 13, MISCELLANEOUS.,There are no provisions,representations or warranties with respect to the subject matter hereof which are not sperified herein. If any portion of this sales order be Illegal,unlawful,unenforceable or against public policy,the balance of this sales order shall not be affected thereby,but shalt remain in full force and effect Contractor's order,to the extent It does not contain terms and conditions additional to or different from this sales order,Sellers proposal form,or scope letter,If any,and this sales order shall constitute the entire contract between Seger and Contractor with respect to the subject matter of this sales order, and no alteration thereof shall be binding unless agreed to In wri8ng by Seller,nor shall any word,act,or wdting waive or be deemed to waive or be deemed to be a continuing waiver of any of the terns and conditions of such contract.Terms and conditions inconsistent with those stated in this sales order,Sellers proposal form,or scope letter,which may appear on Contractor's order shall be disregarded and shall not become part of the contract between Seller and Contractor,nor shall they operate to nullify or cancel ecd any of the terns and conditions specified herein unless specifically consented to in writing by Seller. Any contract arising between Seller and Contractorshall be governed by the laws of said State in which the Seller presides. 14. JURISDICTION: Any litigation with respect to this contract or any documents executed by either parry in connection with the transactions contemplated hereby or to enforce any judgment obtained against the other party for breach of this contract or such documents may be brought by either party in the courts of the State in which Seller presides in the United States District Court for the District of State In which Seller presides,as the party bringing the action may elect,and,by execution and dellvery of this proposal,each party irrevocably submits to theJurisdicfion. It Seller shag elect to bring an action In the state courts of the State in which Seller presides,Buyer agrees and acknowledges that venue shall lie and be proper in the County or City in which action is brought 15. RETURNS:No goods can be returned for credit unless due to some error by Seller on original shipment,or unless consent of Seller in writing has been giver in advance. In the latter case,the goods must be forwarded with all transportatlen charges prepaid. AS retumed shipments should be clearly Identified with the name and address of the Seller. In the event any goods are returned for credit with the written consent of Seller,a charge will be made for restocking,such charges -to be(15)fifteen percent of the original Invoice value,plus a charge for reconditioning where necessary. 16. ATTORNEY'S FEES: In Gefle0a T!i.mnoo tt of such tenoi able atin ne�'s fees shall be determined b)tlie eaurt or a bitratof in the preeeadh! Page 8 "thwaet PrpeCmtyKq S.J. LOUIS CONSTRUCTION OF TEXAS LTD. 9862 Lorene St.,Suite 200 210/340-9998 Office•210/340-9997 Fax San Antonio,TX 78216 Equal Opportunity Employer / Contractor February 18,2010 Mr. Glenn Bridges,P.E. Jacobs Engineering Group, Inc. 2705 Bee Cave Road, Suite 300 Austin,Texas 78746 Re: Brushy Creek Regional Utility Authority(BCRUA) Raw Water Pipeline,Phase One—Contract I Request for Deviation#1 Mr.Bridges: Please consider this letter a response to BCRUA's request for additional explanation of the credit that was previously approved and accepted as part of Request for Deviation#1. We previously provided the quote showing the credit from the pipe supplier of$3.00/linear foot for changing from 40-foot pipe joint length to 50-foot pipe joint length. When this information was provided,BCRUA requested information regarding the savings that would result from welding fewer joints. Please find the additional cost-savings information below: Northwest Pipe estimated number of welds at bid time=664* Number of welds in current lay schedule=557 SJ Louis self-perform bid cost for welding=$250.00/joint Welding cost savings with 50-foot pipe joint length=$26,750.00 Weld-testing cost from sub-consultant=$50.00/joint Weld testing cost savings with 50-foot pipe joint length=$5,350.00 Mortar application savings(material only)=$20/joint Mortar application savings with 50-foot pipe joint length=$2,140.00. *Keep in mind that the estimated number of joints on the Northwest Pipe quote at bid time is a conservative estimate. Being that this number is used to determine the reduction in the number of joints,the entire calculation is based on a number that is estimated in a conservative manner. If this number were over-estimated by only 5%,the effect would be a 31%,or$10,272.00 reduction in direct cost-savings related to welding. Note that the reduction of the number of joints affects only the mortar material and not the labor associated with mortar application because the S.J.Louis pipe crew is still on site full-time and laborers are not paid per joint. Also note that the savings associated with the Canusa material is included in pipe manufacturer credit. As with the mortar application,there is not a labor savings associated with the application of the Canusa material. The direct cost-savings above and the credit from the pipe manufactured total$107,437.00. Through previously accepted Request for Deviation#1,BCRUA was granted a credit of $48,798.00 or 45.4%of the total direct cost-savings, $4,920.50 short of a 50/50 split. This equals a difference of$0.20/ft. Note that at the time of submittal and approval of Request for Deviation#1,we were not able to perform this overall direct cost-savings calculation due to the lack of a lay schedule and other information that we now have. Our estimates at the time resulted in a 50/50 split of the cost-savings with BCRUA. Please note that there are other costs associated with the change to 50-foot pipe joint.length that S.J.Louis will incur. These costs are difficult to quantify but include: • Potential increase in minor repairs due to increase difficulty in handling longer pipe joints • Cost of providing and handling longer trench boxes • Decrease in pipe-laying operation speed when installing pipe under existing utilities due to difficulty in maneuvering longer pipe joints. Should you have any questions or require additional information,please do not hesitate to call. Regards, S.J.LOUIS CONSTRUCTION OF TEXAS LTD. Curtis A. Ostrander,P.E. Project Manager Attachments cc: Project File JACOBS 2705 Bee Cave Road,Suite 300 Austin,Texas 78746 U.S.A. 1.512.314.3100 Fax 1.512.314.3135 May 4, 2010 Michael F. Thuss, P.E. Construction Manager Brushy Creek Regional Utility Authority (BCRUA) 1906 Hur Industrial Boulevard Cedar Park, Texas 78613 Re: BCRUA Raw Water Pipeline, Phase One - Contract 1 Proposed Change Order#1 Dear Mr. Thuss: Enclosed is proposed Change Order#1, which includes the following items: 1. Net deduct of($4,000.00) for changes requested in Change Proposal Request#1. 2. Additional cost of$29,975.00 for added scope of work requested in Change Proposal Request #2. 3. Net deduct of($3,000.00) for changes requested in Change Proposal Request #3. 4. Additional cost of$4,242.86 for added scope of work requested in Change Proposal Request#5. 5. Net deduct of($53,677.80) and decrease of 20 calendar days for substantial completion for change included in RFD #1. 6. Additional cost of$1,410.00 for added quantity of Rock Berm. 7. Additional cost of$3,920.00 for added quantity of Type B Temporary Fence. The total of the above items is a net deduct of($21,129.95). Jacobs Engineering Group, Inc. has reviewed the cost information submitted by the Contractor, which is attached to the change order form. It is our opinion that the various cost additions and deductions are fair and reasonable for the changes in the scope of work, and we hereby recommend issuance of Change Order#1. Jacobs Engineering Group Inc. If you have any questions or need additional information, please call. Sincerely, JACOBS ENGINEERING GROUP, INC. Glenn A. Bridges, E. Senior Project Eng neer XC: Chris Lippe, P.E. Kenneth A. Wheeler, Jr., P.E., City of Cedar Park Don Rundell, P.E., City of Round Rock Wayne Watts, P.E., City of Leander Michael Thane,P.E., City of Round Rock Thomas Dawkins,P.E., City of Cedar Park w/ enclosures K:\050844\construction\contract 1\change orders\C0#1 recommendation letter 050410.doc Jacobs Engineering Group Inc. DATE: June 11,2010 SUBJECT: BCRUA Board Meeting—June 16,2010 ITEM: 7B. Consider a resolution authorizing the President to execute a Change Order No. 1 with S.J. Louis Construction of Texas, LTD for Raw Water Pipeline Phase One—Contract No. 1. Presenter: Michael Thuss Program Manager Justification: This change order is a deduction of$21,129.95.