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BCRUA_R-12-02-22-6ARESOLUTION NO. R-12-02-22-6A WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain engineering services for the BCRUA Regional Water Supply Project -Phase 2 Deep Water Intake Environmental Assessment & Planning Level Engineering for TWDB Funding Project; and WHEREAS, Jacobs Engineering Group, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the BCRUA desires to enter into said contract with Jacobs Engineering Group, Inc., 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 a Contract for Engineering Services with Jacobs Engineering Group, Inc. for the BCRUA Regional Water Supply Project -Phase 2 Deep Water Intake Environmental Assessment & Planning Level Engineering for TWDB Funding Project, a copy of said contract 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 22nd day of February, 2012. Z:\BCRUA\Board Packcts\Packel Docwnentl\20 121t122212\Rcs. BCRUA -ESC w-Jacobs -Deep Water lnIakc «()02440 IB).DOCIrmc _lh~---=G.....:;....L;l~:l.-----__ GEORGE WHtb'E. PresIdent Brushy Creek Regional Utility Authority ATTEST: M::Jur .I.Fbi:cretary 2 EXECUTED DOCUMENTS FOLLOW BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: JACOBS ENGINEERING GROUP. INC. ("Engineer") ADDRESS: 2705 Bee Cave Road. Suite 300. Austin. TX 78746 PROJECT: BCRUA Regional Water Supply Project -Phase 2 Deep Water Intake Environmental Assessment & Planning Level Engineering for TWDB Funding THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § TH~~CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the~(Iay of J(~~,2012 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local overnment corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "BCRUA"), 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, BCRUA and Engineer wish to document their agreement conceming 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. 06/10 00241291.doc 196074 CONTRACT DOCUMENTS 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 Contt'acts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 BCRUA SERVICES HCRDA shall perform or provide services as identified in Exhibit A entitled "BCRDA Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall pelform 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 BCRDA and Engineer of all Engineering Services. Should the review times 01' 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 of the 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 HCRDA shall have the right to terminate this Contmct as set forth below in Article 20. So long as the HCRDA 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 perfol1ned or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify BCRDA in writing as soon as possible if he/she/it 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 Four Hundred Twenty-Six Thousand Seven Hundred Seventy-Six and No/lOO Dollars ($426.776.00) 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 rep011s 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 shaH 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 (I) 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 shaH 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 eff011 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 perfonned. 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 perfolmance of services was complete, or within thirty (30) days of the 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 01' 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. BCRDA 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 pel' 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 BCRDA has issued a written Notice to Proceed regarding such task. The BCRDA shall not be responsible for work performed 01' costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM BCRUA's Designated Representative for purposes of this Contract is as follows: Chris Lippe, P.E. General Manager 221 East Main Street Round Rock, TX 78664 Telephone Number (512) 844-7419 Email Address clippe@bcrua.org 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 of Engineering Services. Engineer's Designated Representative for purposes ofthis Contract is as follows: Drew Hardin, P.E. Manager -Water/Civil Infrastructure 2705 Bee Cave Road, Suite 300 Austin, TX 78746 Telephone Number (512) 314-3100 Fax Number (512) 314-3135 Email AddressDrew.hardin@jacobs.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 ofthe 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 detennine conective 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: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, 01'preclude the attainment of project 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 BCRUA desire to suspend the Engineering Services, but not to tenninate this Contract, then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from BCRUA to resume the Engineering Services. Such sixtyMday 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 terminating this Contract. If BCRUA suspends the Engineering Services, the contract period as determined 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 performed or costs incurred prior to the date authorized by BCRUA 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 forms a reasonable opinion that any work helshe/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, helshe/it shall promptly notify BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds the maximum amount payable, BCRUA 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. BCRUA shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If BCRUA 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 BCRUA. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shaH make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by BCRUA. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms 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 perfOimed. ARTICLE 14 OWNERSIDPOFDOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms 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 termination 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 perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform 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 performance 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 ofBCRUA. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any pOition 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 form, in writing, by BCRUA prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES BCRUA. or any allthorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineel'ing Services perfonned 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 fOim for approval by BCRUA before any final repol1 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 temlS or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs adsing 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 wl'iting 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 temlination shaH thereafter be paid to Engineer. In deternlining 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 BCRUA 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 BCRUA terminates this Contract for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by Engineel' in performing the Engineel'ing Services to the date of default, the amount of Engineering Services required which was satisfactOl"ily completed to date of default, the value of the Engineering Services which are usable to BCRUA, the cost to BCRUA 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 BCRUA 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 BCRUA and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then BCRUA may take ovel' the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to BCRUA for any additional and reasonable costs incurred by BCRUA. 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) CompIi8n~e. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, Oldinances, rules and regulations, and the orders and decrees of any court, 01' administrative bodies 01' tribunals in any mannel' 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 BCRUA with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Tues. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. BCRUA is qualified fOl' exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless BCRUA and its officers and employees from all claims and liabilities due to activities of hi s/her/itseJf and his/her/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 01' under Engineer's direction or control. 9 ----------- Engineer shall also save and hold BCRUA harmless 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 BCRDA as a result of such negligent activities by Engineer, its agents, 01' employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the aCCUl'acy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from en'ors, omissions, 01' negligent acts. and same shall be done without compensation. BCRUA shall determine 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 01' 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 01' contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers. employees, agents, consultants and subcontractors will have no financial interest, direct 01' 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 term 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 HCRUA, 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 dW'ing the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (I) 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 HCRUA's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of aJl 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 ofInsurance." 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 imu'e 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 wlenforceable 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 oraJ 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 resel'ves 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 addl'esses: BCRUA: Brushy Creek Regional Utility Authority Attention: BCRUA General Manager 221 East Main Street Round Rock. TX 78664 12 ---------~~~~~~~~- and to: Stephan L. Sheets BCRDA Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Drew Hardin, P.E. Manager -Water/Civil Infrastructure 2705 Bee Cave Road, Suite 300 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for hislher/its delays or for failures to use hislher/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to BCRDA due to Engineer's negligent failure to perform BCRDA may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRDA's additional legal rights or remedies. (2) Force Majeure. Neither BCRDA nor Engineer shall be deemed in violation of this Contract if prevented from performing 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 performance must be timely given, and all reasonable efforts undet1aken 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 terms 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 of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer arid 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 pJ'obable 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 of Engineer'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 detelmining 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 of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, 01' determination of either patty hereto, such terms are 110t 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 film. The above-stated representations and warranties are made for the purpose of inducing BCRUA to enter into this Contract. IN WITNESS WHEREOF, the BCRDA 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 perfonnance of the tenns and provisions hereof. BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: ~~ \",(-4 George White, P sldent ATTEST: UA Secretary 14 LIST OF EXHIBITS AITACHED (I) Exhibit A HCRDA 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 The Brushy Creek Regional Utility Authority (BCRUA) will furnish to the Engineer the following items/information: 1. Designate a person to act as BCRUA's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define BCRUA's policies and decisions with respect to Engineer's services. 2. Provide all criteria and full information as to BCRUA's requirements for the project, including objectives and constraints, space. capacity and performance requirements. flexibility and expand ability, and furnish copies of all design and construction standards which BCRUA will require to be included in the Reports, Project Drawings and Specifications. 3. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer's disposal. 4. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; b. The services of an independent testing laboratory to perform all inspections, test and approvals of samples, materials and equipment; c. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; d. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; e. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as City may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; f. Give prompt notice to Engineer whenever City observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer's services, or any defect or nonconformance in Engineer's services in the work of any Contractor. 5. Payment of all permitting fees including, but not limited to, TCEQ, ROW Permitting, Texas Historical Commission, USACE, Williamson County Habitat Conservation Plan, and Williamson County. EXHIBIT B Engineering Services GENERAL The objective of this scope of work is to perform Professional Services related to development of Planning Level Engineering Reports and an Environmental Assessment (EA) Supplement for the Phase 2 Deep Water Intake and Pipeline according to TWDB Instructions for Preparation of Environmental Assessments (ED-001 B). The EA document, prepared as a separate document. will be submitted as a supplement to the Final Environmental Assessment submitted by COM on August 10, 2009. The primary elements of this analysis include: • Coordination with TWDB, regulatory agencies. and stakeholders • Survey and Geotechnical Investigation at Site 4 • 3-D Renderings of Pump Station and intake at Site 4 • Finalizing Planning Level Engineering Report (Due Diligence) • Environmentallnvestigation • Generation of supplemental EA document It is assumed that the deep intake and pump station will be located at Site 4 and that both open­ cut and tunneled pipeline will be considered. Specific services included in this Scope of Work are described herein: SCOPE OF WORK A. Project Management, Public, and Regulatory Agency Coordination 1. Permitting Agency Coordination. In accordance with TWDB Instructions for Preparation of Environmental Assessments (ED-001 B), Supply the Addendum EA to the appropriate agencies. accompanied by a request for their review and comment. Agencies may include Texas Parks and Wildlife. U.S. Fish and Wildlife. Texas Historical Commission. U.S. Army Corps of Engineers, and Texas Commission on Environmental Quality. Copies of the review comments or permits from all agencies and resolution of issues raised by those agencies will be incorporated into the Addendum EA document. Coordination includes up to two (2) meetings with each entity and one draft submittal of information. Includes only one trip to agencies outside of Austin. 2. TWOB Coordination. Attend up to five (5) meetings with TWDB to review draft EA and discuss TWOB comments. It is assumed that only two iterations of review comments will be provided by TWOB. 3. Stakeholder Coordination. Prepare and/or provide supporting information to BCRUA for up to two (2) public presentations to public stakeholders and conduct up to five (5) meetings with stakeholders including. but not limited to, Village of Volente. County Commissioners, state officials, and/or lake organizations. 4. Internal BCRUA Coordination. Attend up to seven (7) meetings with DOC, city managers, Board members, and/or the general manager. Prepare one (1) presentation to BCRUA Board of Directors. 5. Project Administration and Control. Manage overall scope. schedule, and budget of project and coordinate activities of sub-consultants. Coordinate with environmental and real estate professionals and prOVide supporting information as required 1 B. Final Due Diligence (Planning Level Engineering) 1. Geotechnical Investigation. A geotechnical investigation will be performed to determine the soil conditions on the Gross property in area of pump station and intake tunnel. This investigation includes: a. Perform two (2) borings drilled to a depth of about 200 feet each near pump station and along proposed tunnel near the "cliff' close to the lake. b. Perform a field visit to Visually inspect the condition of normally submerged cliff face. c. Geotechnical laboratory testing will be performed on samples of bedrock to obtain characteristics such as strength and hardness as it applies to tunnel and shaft excavation technologies. The geotechnical laboratory testing will be performed using procedures that are consistent in quality with standard engineering practice. Prior to sUbmitting samples to the laboratory for testing, Jacobs will submit a list of the proposed laboratory tests for review and approval by (Client). The actual type and quantity of laboratory tests will depend upon the material encountered and the sampling method used. Laboratory tests and the standard to be used for testing may include, but are not limited to, the tests listed below: Unconfined Compression -ASTM 02938 Split Tensile Strength -ASTM 03967 Mohs Hardness • Packer Test d. Prepare limited engineering report that includes boring location plan, general subsurface conditions, boring logs, results of field packer test, recommendations for: Allowable bearing pressures and provisions to resist uplift • Lateral earth pressures for below grade walls at pump station and tunnel shaft Groundwater management Excavation potential • Earthwork for slab on ground 2. Survey a. Topographic Survey. Survey a portion of the proposed referenced site from elevation 700 to the toe of an existing cliff and from the northerly property line of the Gary Gross tract to the proposed southerly line of the pump station site; this area is approximately 4 acres. Shots will be taken at an interval sufficient to produce l' (one) foot contours. The trees will be located and identified in accordance with the current City of Volente Beach protected tree ordinance or the City of Austin. b. Land & Title Survey. Prepare a plat and or map of the boundary of Site 4 on the Gary Gross and LCRA tracts. Address encumbrances listed in Schedule B of a current Title Commitment; provide a metes and bounds description, and monument the corners of both sites (if not under water). 3. 3-D Renderings. a. Conduct one workshop with the DOC to collaboratively develop three pump station architectural concepts. b. Using the materials generated in the workshop, prepare 2-D renderings of the three architectural concepts. Two elevations (front and side) will be prepared for each concept. c. Present 2-D renderings to DOC for review and comment and select one concept for the development of a 3-D rendering. Modify the selected architectural concept as required based on comments received from the DOC. 2 d. Prepare 2-D renderings of the two remaining elevations of the pump station bUilding for the development of the 3-D rendering. Generate 2-D renderings of the Inlet header assembly assuming a lake level of approximately 630 ft-msl. e. Develop a draft 3-D rendering of a pump station at Site 4 and the inlet header assembly based on the 2-D concepts. The draft 3-D renderings will be produced from up to two or three vantage points selected by the DOC and will not include specific site context elements. Conduct a meeting to review the renderings with the DOC. f. Obtain aerial oblique photographs of the pump station site by helicopter. Finalize the 3-D renderings complete with site context and submit digital rendering files to the DOC. 4. Finalize Due Diligence Report. Incorporate final recommendations, survey information, and geotechnical findings into the Final Due Diligence Report. This report along with the Site Selection StUdy will be provided to TWDB as the Planning Level Engineering Studies. Provide a total of up to fifteen (15) copies and .pdf file to SCRUA andTWDB. C. Environmental Assessment (EA) -Supplemental Document. 1. Section 1 -General Information. Update general information to include documentation related to the deep intake sites and pipeline. Includes the following: a. Updated BCRUA Population and Water Demand Projections [Section 1.3] b. Site location map and BCRUA Regional Water System Expansion Costs [Section 1.4]. 2. Section 2 -Description of Natural & Social Environment Update description for natural and social environment information to include documehtation related to the deep water intake and pipeline as follows: a. Soil/geology maps showing accurate locations of intake and pipeline b. Geological, Hydro geological and Soil elements [Section 2.1]. Includes following: • Assess existing boring and well information (locations and depths; water levels) from various data sources [standard well search (TCEQ), TWOS, and other geologic/hydrologic reports for study area. • Assess spring data from various sources (TWDS, USGS, City of Austin, and Brune report) • Define approximate water table in the vicinity of the transmission corridor. Characterization of hydrogeology along and in the vicinity of the transmission corridor • Provide opinion of whether pump station, intake, tunneling and/or trenching could impact groundwater conditions. Provide text discussion. c. Client Current Water Supply Source (Table 2-2) to include Leander water rights that are currently in application process [Section 2.2] d. Floodplain and wetland issues [Section 2.3]. e. Risk management plan as it relates to proposed chemicals proposed at deep intake [Section 2.4.3]. f. Critical/Sensitive habitats (Section 2.5.2.3) and previous mitigation for endangered Species (2.5.2.4). g. Historical & archeological resources {Section 2.5]. Includes desktop analysis to identify existing data and determine areas that require THC on-ground surveys. 3 Assume letter will be submitted to THC making case that area has been previously disturbed and does not required field Investigation. h. Land use information including additional flood plain maps [Section 2.8] i. Site survey information to include recent studies and environmental evaluations completed since EA was submitted [Section 2.9]. Includes update to Phase 1 ESA conducted on Site 4. 3. Section 3 -Description of Alternatives Include the alternatives analysis conducted during Due Diligence and Site Selection Studies for recommendation on preferred deep intake sites and discuss methodology on how preferred site was narrowed down to final, selected site. 4. Section 4 -Description and Evaluation of Impacts of the Proposed Project Evaluate the potential direct, indirect, and secondary impacts of the proposed project and explain mitigation measures to avoid and/or reduce adverse impacts. Specific impacts to be evaluated include: a. Land Acquisition Impacts and Mitigation b. US Army Corps of Engineers Permit Requirements. This task includes preparation and submittal of a preconstruction notification for USACE Regional Permit 2 for Utility Lines and Intake and Outfall Structures. The submittal will address the proposed impacts from the project and will request authorization for potential impacts to waters of the U.S. that would result from the preferred deep water intake site and pipeline alignment. The submittal will include, but is not limited to: project setting, impact activities, purpose and need, alternatives analysis, cultural resources survey results, endangered species assessment, maps and diagrams, and avoidance, minimization, and mitigation procedures. Field efforts are complete for the deep water intake sites. Based on the construction techniques for the preferred pipeline alignment, field investigations along the alignment may be warranted and would require additional funding. This task does not include Section 7 consultation with USFWS for any impacts to endangered species or consultation with the Texas Historical Commission. c. Blasting & Control Measures d. Traffic Control Measures -Impacts & Mitigation. Includes evaluation of potential traffic impacts based construction traffic patterns along two primary routes: Route 1 -Lime Creek Road (north west) to RM 1431 and Route 2 -FM 2769 (easVnorth east). Includes evaluation of existing TXDOT traffic count data on FM 2769, installation of traffic monitoring station on Lime Creek Road for period of two days, and calculation of truck trips from construction of pump station, intake, and tunnel. e. Land Use Impacts and Mitigation. f. Social and economic Impacts. Evaluate the social and economic impacts directly resulting from construction of the proposed project and associated methods of mitigation for identified impacts. This includes impact to lake access, recreation, employment. and other social or economic Issues. g. Secondary Impacts and Mitigation. Includes documentation of the following: i. Future Land Use Impacts ii. Land Use and Economic Viability Impacts 5. Section 5 -Project Beneficiaries and Non-beneficiaries and Public Acceptability Provide additional documentation related to project beneficiaries, non-beneficiaries and public acceptability specifically associated with the deep water intake and pipeline. 4 6. Section 6 -Agency Coordination and Public Participation Provide additional documentation related to agency coordination and public participation efforts conducted for the deep water intake and pipeline since February 2009 (as provided in the Final EA submitted in 2009). 7. Section 7 -Potentially Adverse Project Impacts Provide additional documentation related to potential impacts and mitigation measures if the deep water intake and pipeline project is implemented. 8. Section 8 -Future Environment Without the Project Modify existing verbiage in existing EA to include brief write-up related to impacts of future without the project. 9. Miscellaneous Updates The following supplemental information will be provided in the EA appendices related specifically to the deep water intake and pipeline: a. FEMA maps b. Overall Project layout Exhibits c. Agency Correspondence d. Update to Phase 1 EA performed for Site 4. 10. EA Report Assembly Assemble up to fifteen (15) copies and .pdf file of draft and final EA documents and submit to TWDB and BCRUA. ADon'IONAL SERVICES The following Additional Services are NOT included in the Scope of Work and will not be performed unless specifically authorized by the Owner: 1. Dynamic Fly-over Rendering. Develop a dynamic animated movie of the 3D model based on a fly over path established by the DOC. The animation will be virtual where the surrounding site is modeled from the pump station building to the lake and inlet pipeline. The virtual representation will simulate the project site but will not be video matched to the photographs shot from the helicopter. The animation will not exceed one minute in length. The final deliverable will be an animated movie file in one or more various digital movie formats suitable for playing on standard electronic devices (e.g., computers, DVD players, internet). CLARIFICATIONS AND EXCLUSIONS The following services are NOT included in this scope of work: 1. Boundary survey of proposed site for purchase. 2. Property value impact study to determine potential impact to land value. 3. land acquisition services including right-of-entry, easements, land appraisal, and/or fee simple purchase. 4. Obtaining actual permits from regulatory agencies and/or local jurisdictions. 5. Additional engineering including new site layout, new pump station design concepts, and/or evaluation of additional pump station sites. It is assumed that existing material, layouts, and site plans generated In the Due Diligence and Site Selection study will be utilized to updated EA document. 5 6. Field investigation for biological evaluation, karst survey, and/or historical and cultural evaluation including significant shovel and/or any type backhoe testing. Assume only desktop analysis will be performed for EA and that letter will be generated to THe documenting that area in question has been previously disturbed. 7. Detailed hydro geological study and/or groundwater testing to determine impacts to individual wells. Assume desktop analysis will be performed to identify general aquifers in project area and characteristics thereof. 8. EA and/or Planning Level Engineering for Phase 2 of Water Treatment Plant. 6 --liafes.. AcquiSition (Site4PUrctiiiii}----------24iCiayS? TIIk tiE=r:a~~~J1:::~ Su1nnwy .... ---.... Plolled Up Progress Group By Summaty Slat! I Fmilh ------=]lion 517N2 lion 4115/13: I .... .... 1:.:.1 .:.:..:_:;_~.:.;, ' iCIitIcal TasIc I;,,", ;c.-;;.\,f.~;,"~:i:~1 RoIkld Up Task tj:;:@i'i~ii}3#d@ SpIll DncIine ,.,•• t II ••• IPnIJec:I: ICRUA "'-Ie 2· SChecUe 10 ~ Q."......:ro" ......:,.'U:ffai...N.U .•Dlw.lhu 1"2112 f'roglea &lomaJ TUb MIIoct_ Project Summary• -.... Pagel E>INlllt C • Wortc 8cIlecIuJa IICRUA .....2 DMp..-""'*­ ~al!mllro..._lal Sent'­ II) ITasIc Name Phase 2 • EA .. Planning LewI EnginMrlng for TWOS App 3 EnWonrnental Assessment CEArij~-'TfCiayS -~Thu 1N9I12 FrlSi4l12 .... -... 41----NfP-----------------------­-----O~-Thu17'i9if2 - -Thu 1119112 Prepare Draft EA-CAsIumil-N'fPbefOre BOardAPpf -----3mons --"'u1119/12 -wea 4111/12 ,.:l~r.~~:;~;~tii~;:~iN~f.~:;~~~i:18fi;,~1I ..:it:::1:~i:~:i:ii12:S~:i:~j~:·i~~-i,:+l;:::;:~';:i; -----BCRUAreYliIW -----7days-Thu4l12112--j:rl4J2Ol12 Final Draft Report 10 days Moo 4123112 Fri 514112 ~-----SibnitiD-twDBfor-ReView ------0 dayi-Fri 514112 -Fri 514112 -.-----J Enjlleer:ag Report (Due DIligence) T7 days Thu 1N9I12 Fri 514112 10 I--~.Entry-----5 days --tiiiJ1119112-WecnI25l12 ----Geotech --.----------30 edayiWed 1J2511i-Fri 2/24112 ------Topo Surv8Y---------------------------30edays Wec:HI25i12 -Fri2k4l12 11 l' -Draft Report-------------u --------.----------------­40 days Mon 2/13112 --Fri 416112 14 I-----SCRUA ReView-------- ---.-­---7days---Mi)ri-W12-Tue4l17112 Final Report 10 'TWDBIOr Fiilview ---13 clayi-Wed 4118112--1=" 514112 1S I Submit EA & Engineering Report to iW-OEf------------Odays-Fri 5I4I12---Fri 514112 '-1 --31 day$---Fri 5/4112 -..-on-~lWDB Reel'ftl nililllon of Ph 2 Funding staffReYiewI Approval---­4OldaYS----Fri 5I4I12-Wed 8/13112 •..• •.. :::: :,i·i';,:";'!::::: ~': :.:.:::::: ---Twos Reaffirmation by Board --1-day --Thi.i 6121i12---Thi.iu 6i"iINi -----0 dayS---Mon-612Si12 --Mon 8J25/12 'TWOS FuncJs Available EXHIBIT D FEE SCHEDULE Subconsultant Scope Item Basic Scope of Work A Description Total Jacobs Total Sub Expenses Total Services ----1-­----1 ..........--t-----..­..-.,. ···1-----1-····· -.----1 Subtotal $43,892 $45,006 -···------:F=lnal Due DlIIgence--;C(P=I;-a-nn-;l;-n-g--;--L-e'v--ei B Engineering) 1--------.-----······-----··-1-..----+------.-+---.-­ f--.. 1 GeotEtc.~nicallnves~g~t~o:..::ne..._________ '.. .:..:$...:..:1.-C-C39_1 .__ . $.c_7_1=_.65_0____ '.. _ __1-__--'-$!~..941I 48 5 ___3=---_ .~=D Renderings _.... _. .. ._~~!1._=_2_=8 __--1-_--=$4_5~,3_10..... __-I .__ . $48,438 1--__4 Finallz.Eti:).lJe Diligen~ ..Re.~()_rt ... ..._..--=$_15-'-'..5--=1_0__1_____ $3,830 $2.500. $21,84() r--" ., 2 S~_rvey______ . -t--_-C-C$1_0=-.8_02__ _. $_1,0-___._.1 . ~12,287 Subtotal $30,831 $122,276 $2,600 $166,6061---------. ---.-..---..... -_·------1-._----1----_ ­ ~-----+--...... ------.-t----.....---.. -1-----1-C-_· Environmental Assessment'{"E""'A.-.)----···· . -----:---:-""""-------.... ····----1-···· ....-----If--------.....--­ _ 1 S_ectio" 1 -Genera_I.._'_"_'0 ._ _ +~_-'-$_'4,_71_6__ $1,630 -1__._ ~~ _--=2__ .__ Section 2 -Natural & Social En,,~.. _I----..!!~,~26 $30,350_ $41,576 1 3__ . Section 3 -Altneratives ._ $-=-1-'3.c-14_9_-t-__$8.940__---1I--__ I __---C$c-2_2=-,O_8_91 1--__4 Sectio_l'l-4 -Impacts e>feroposed Project. "'$:.::.20-'-'.,4.:..:3-C-C__.1 ..... __1__-,-$1.450 _--jl--__$'-~_~!§~I7_=_$4_3-=-,6_70 _. __5 S~~tion 5-Bel)eficiaries/Non-Be~~!!c::_ia_ri_e_s-+-__$-,-1!!?1 1__-=-$0 . 1-----1-., $1,721 __6-,--.__ .Section 6 -AGency Coord I Pll~I.~c._=_P....:ca.:...::rt=_.__I ._ ..~~.2~Q $4.135. .....__$6,415 ___7__ . Sectl0D} -Adverse 1'!!P~c:t~._________ $2,127 __ .. $.~--=.2_20_---t-__ .... $5,~! __..8 Secti<:)rl.~. -Future wlo Project __ .~~__ $1,185 ~ _~ .---:$0___1.-.-__+-lL185 ___ 1~O A-'-p.L.pe!ldlces -MiscE!llaneous Updates 1._----'$--=3.c-67_1 . .. _$-,3._61_o___ ~ ~~ _ Oy~rall EA Repo ....tAssembly _. -1-_-'-$1'--=1.=,9=..::24 _.._----=-$9_50_. $2.500___ .. l~ -. .~-----.......------.... . ....~.~----.---....--.... -----1--------........ -------------11---· ....---­ Subtotal $72,436 $96,505 $3,960 $172,891 -"".. ----. .-..._----------'-----'----·1·------I~--......... -.... ._­ 1----......·.. · .... --------.. .. ..------t-------t---... ..· ·-1----·--.. Total -Basic Services $147,169 $263,786 $7,360 $418,294--------...... -..----1---·---·...·..... ·.... -~--+---·........-----jl----·..··.. ·.. J------..·--1-------1-----1----­ Additional Services .' __ . . _ A Dynarrt!~ Fly-over REt~.:..::dce_=_.:..crin:..:.>g,,--__ __1__.---:$8'-"--'.'-12e...___ _--:....$7--=-.6_7_0__1_ -+ $8~ -------.--. ...-..-----......... ·---·-----f-------1----....-.-+----... '''.­ f--.... -.-------------..--......----1-----... -------.~.... -------t----...~ ... -----I Total-Basic Scope of Work $147,971 $271,456 $7,360 $426,776 I DATE (MMlDDIYYYY)AE5!-RO­01/23/2012CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER 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 ADDmONAL INSURED, the pollcy(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 onJhi& certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCER LIC 10437153 1-212-948-1306 NAME: Marsh Risk & Insurance Services P!"j?NE "'_•• I FAXiAic Nol:CIRTS_Support.internal.jacobs.com E-MAIL777 S. Pigueroa Street ADDRESS: PRODUCER Los Angeles, CA 90017-5822 Pax to: 1-212-948-1306 INSURERlSI AFFORDING COVERAGE NAlC. INSURED 22667 Jacobs Bngineering Group Inc. INSURER A: ACB AMBR INS CO INSURERB: 1111 South Arroyo Parkway INSURERC: P.O. Box 7084 INSURERD: Pasadena, CA 91109-7084 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 25263750 REVISION NUMBER: 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 TYPE OF INSURANCE ,~~~ ~ I~g~ POUCYEXP LIMITSLTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $f-­~~~~~J?E~~~ncelf-­OMMERCIAL GENERAL LIABILITY $ CLAIMS-MADE D OCCUR 'olEO EXP (Anyone person) $ f-­ PERSONAL & ADV INJURY $ f-­ GENERAL AGGREGATE $ f-­ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS ­COMPIOP AGG $n POLICY r=r ~~g: n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $f-­(Ea accident) f-­ANY AUTO BODILY INJURY (Per person) $ f-­ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGEf-­$ HIRED AUTOS (Par accident) f-­ NON-oWNED AUTOS $ f-­ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ f-­ EXCESSLIAB CLAIMS-MADE AGGREGATE $ f-­DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WCSTATU-I IOJ~ AND EMPLOYERS' UABlLrrY YIN ANY PROPRIETORlPARTNERlEXECUTIVE D NIA E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE ­EA EMPLOYEE $ 1/ yas, desaibe under E.L. DISEASE· POLICY LIMIT $DESCRIPTION OF OPERATIONS below A P BON G21655065 003 U'II UJ.I J., u'I/Ol/12 I PER CLAII!/PBR 1,uuu,uuu "CLAIMS MADB" AGGRBGATB DBPENSB INCLUDBD DESCRJP110N OF OPERATIONS I LOCATIONS I VEHICLES (AtlIIch ACORD 101, Additional Remarks Schedule,lf more space Is ....ulllld) OPPICE LOCATION: Austin, Texas 78745. PROJECT MGR: Drew Bardin. CONTRACT MGR: Greg Dickey. SENIOR CONTRACT MaR: Curt Pisher. RB: BCRUA Regional Water Supply Project, Phase 2 Deep Water Intake Environmental Assessment and Planning Level Engineering for TWDB PuDding. PROJECT NUMBER: TBD. SECTOR: Public. Coverage is primary and certificate holder's insurance is excess and nOD-contributory. *T.BB TBRMS, CONDITIONS, AND LIMITS PROVIDBD ONDER THIS CBRTIPICATE OP INSURANCB WILL NOT BXCBBD OR BROADEN IN ANY WAY THB TBRMS, CONDITIONS, AND LIMITS AGRBED TO ONDER TBB APPLICABLB CONTRACT. * CERTIFICATE HOLDER CANCELLA nON SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE BCRUA General Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 221 Bast Main Street AUTHORIZED REPRESENTATlVE Round Rock, TX 78664 eltM J'I.,..•.,,­USA I AVajpeyi_newgalexy @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 25263750 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 01/23/2012 NAME OF INSURED: Jacobs Engineering Group Inc. SUpp (10/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HlmedIN...-I EndorM""'~~ Jaoobs Enth_rlnl Group, lno 10 &0,.''''­IG21.....003 I~PeriOd07101I20OI to 07/01/2011 EIteeWe 0Ile 01 Enocr_ 0U0II2011 III'*!8)' (NIme or InWence ~ ACE AmerIotln 1M....Company TERMINATION AMENDED ENDORSEMENT A. If the IIIIUN' cancels the Polloy prior to its expiration date by notice to the NIImed IMU..... for any renon other than nonpayment of premium. the InsuN' wi endeavor. as eet out below. to send written notice of canceUation, via such electronic notification II Ihe Insu,., determines. to the persons or organizations listed In the schedule that the N..ed InauNcl or the NUled InsuNcl's representative provide or have provided 10 the Insurer (the Sohedule). The N..ed Insured or the NMted InsurN's representative must provide the IMure, with the e-mail add,.s. of such peraOrlS or orgal'izationl, and the Insurer win utilize such e-mail address thlt the Namld Insu,. or the Named InsuNd's repreeertative provided to the Insurer on such 8ohectule. 8. The Iohedule must be initially provided to the Insure, wlhln 15 days after: I. The beginning of the Polloy period, if this endorsement Is effective as of such date: or II. This endorsement has been edded to the Polloy, If this endorsement Is etredive 8fter the Polloy Period commences. C. The Sohedu.. mUBI be In en electronic formlt that is acceptable to the InsuNr; and must be accurate. D. The lneurer's delivery of thl notification .1 described in Paragrlph A. of this endorsement wi. be based on the most recent 8ohedu.. In the Insurer's records ..of the date the notice of canoellation Is mailed or delivered to the IUmecI Insured. E. The Insurer will endeavor to send such notice to the ..mall address corresponding to each person or organiZation indiceted in the 8ohec1ule at least 30 days prior to the cancellation date applk:able to the Polloy. II. The notice referenced in this endorsement'll intended only to be a courtesy notification to the person(s) or organizatlon(s) named In the Iohedule in the event of I pending cancellation of COYel'llge. The Insu..... has no legal obfigatlon of any kind 10 8ny such peraon(l) or organizltion(.). The NU""S f811ure to provide advence notiflC8tion of cancellation 10 the perlon(s) or organiz8tion(s) shown in the 8oheclu" shall Impose no obligation or IIabHity of any kind upon the lnaure,. our agents or f8P1'8Benlatives, wli not eldend any Polloy cancellation date and wli not negate any cancellation of !he PoUoy. O. The I..urw is not responsible for verifying aily InformalJon provided to the In.uN' In any 8ohedu1e. nor is the IMU'" rnponslble for any Incorrect infonnetlon that the Named Insured or the Named InsUNd's representalfve provide to the Ins....'. If the NamedIMuM or the Named In..."'s representative does not provide the Ins~ with lloheclule. the Insure,h.no responsibility for taking any action under this endorsement In Iddltlon. If neither the NImH Insurwd nor the N..... I..UNerS representative provides the Insu,., with e-mlil eddntss information wtth rHpecI to I particular person or organization, then the l..uN' shaN have no responsibility for taking action with regard 10 such person or entity under this endorsement. CC·1.15 (03111) H. The Insurer may .,.,..,ge with the Named Insured's representative to send such notice in the event of any such cancellation. I. The twMcI InsuNd win cooperate wiIh the Insww in providing the Soh.u". or in causing the N..... InlUred's representative to provide the 80heclu... J. This endorsement does not apply in the event that the "meet Insur.cl cancels the PoIioy. All other terms and conditions of the PoIloy remain unchanged. Authorized Repl1!laentative Page 2 012Cc-1e15 (03111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N8I11ed Insured Jacobs Engineering Group, Inc Endorsement Number 63 Policy Symbol I Policy Number EON G2166S066 003 I Policy Period 0710112006 to 0710112011 Effective Date of Endorsement 0710112011 'SlUed By (Name of Insurance Company) ACE American Insurance Company AMENDMENT OF POLICY PERIOD ENDORSEMENT In consideration of the additional premium of $100.000, it is understood that the Item 2 of the Declarations page shall be deleted in its entirety and replaced with the following: Item 2. Polley Period: 0710112006 to 0710112012 (at 12:01 AM local time at the address of the Named Insured as stated in Item 1. Above) All other terms and conditions remain unchanged. CC-1e15 Printed in U.S.A.