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BCRUA_R-16-07-20-7G RESOLUTION NO. R-16-07-20-7G WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain engineering services for the Phase 1B Capacity Re-rate Project; and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the BCRUA desires to enter into said contract with HDR Engineering, 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 HDR Engineering, Inc. for the Phase 1B Capacity Re-rate 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 Govermnent Code, as amended. RESOLVED this 20th day of July, 2016. G " JON LUX, President/' Brushy C er ek Reonal Utility Authority AT 1 R�n Abruzzese, , ecr I t Z:\BCRUA\Board Packets\Packet Documents\2016\072016\7G.Res.BCRUA-HDR Phase IB Capacity Rerate.doc DATE: July 15, 2016 SUBJECT: BCRUA Board Meeting—July 20,2016 ITEM: 7G. Consider a resolution authorizing the President to execute an Engineering Services Agreement for Phase 1B Capacity Rerate with HDR Engineering, Inc. PRESENTER: Tom Gallier, General Manager BACKGROUND INFO: With the successful restart of the BCRUA water treatment and delivery system last October, and the overall completion of construction work at the treatment plant, staff is prepared to request authorization to move forward with Phase 113,the rerating of the system's maximum capacity by the Texas Commission on Water Quality(TCEQ).This process requires no construction or addition of new facilities. Its purpose is to develop an acceptable testing protocol, receive TCEQ approval to begin testing according to the approved protocol, run the tests, evaluate the results, and finally submit the completed testing results to TCEQ with a formal request to rerate the treatment plant at a higher maximum approved treatment capacity. Given how closely this effort is connected to Phase 2 of the BCRUA system expansion project,and the time constraints involved,staff and the Operating Committee requested that HDR Engineers prepare a proposal to complete the Phase 113 Rerate. Staff and the Operating Committee have reviewed this proposal,are in agreement that the contract should be awarded to HDR Engineers, and recommend approval. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-84170 HDR Engineering,Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 07/13/2016 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Phase 113 Capacity Re-Rate Providing assistance to re-rate the capacity of the Brushy Creek Regional Utility Authority regional water system. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary HDR,Inc. Omaha,NE United States X Little,George A. Omaha,NE United States X Keen,Eric L. Omaha,NE United States X Felker,Brent R. Davis,CA United States X O'Reilly,Charles L. Boston,MA United States X f i 5 Check only if there is NO Interested Party. i 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. *PYo:, MICHELLE M BRITtON pi NOTARY PUBLIC 4 State of Texas }4 "xnm.Exp.06-27-2017 . sign z age of c r rng business entity AFFIX NOTARY STAMP/SEAL ABOVE / Swo o Ind subscribed before me,by the said C all /c/Qel.Z 1 this the 1A day of 20 ,to certify which,witness my hand and seal of office. L,n,(,L fi�UN AMD N OPO M &Aul C� n Signature of officer administering oath Printed name of officer administering oath Vile of officer admirtsffiring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-84170 HDR Engineering,Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/13/2016 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 07/14/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Phase 113 Capacity Re-Rate Providing assistance to re-rate the capacity of the Brushy Creek Regional Utility Authority regional water system. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary HDR, Inc. Omaha, NE United States X Little,George A. Omaha, NE United States X Keen, Eric L. Omaha,NE United States X Felker, Brent R. Davis,CA United States X O'Reilly,Charles L. Boston,MA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 THE FOLLOWING PAGES CONSIST OF THE FINAL ADOPTED DOCUMENT ' �• BRUSHY CREEK REGIONAL UTILITY AUTHORITY A Partnership o! Cedar Park, Leander, and Round Rock BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 4401 West Gate Boulevard, Suite 400,Austin TX 78745 PROJECT: Phase 111 Capacity Re-rate THE STATE OF TEXAS § COUNTY OF WILLIAMSON § �T�HIS CONTRACT I OR ENGINEERING SERVICES ("Contract") is made and entered into on this t4O L`�/day of L , 2016 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Tex loca government 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 concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 06/12 0140.4634-39;0030850 196074 1 15Cca,6+ R °�6,, 07"a-v. -7C7 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 Contracts (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 BCRUA shall perform or provide services as identified in Exhibit A entitled`BCRUA Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by BCRUA and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval 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 BCRUA shall have the right to terminate this Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify BCRUA in writing as soon as possible if 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 One Hundred Sixteen Thousand One Hundred and No/100 Dollars ($116,100.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by BCRUA. Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to BCRUA, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress assessment report in a form acceptable to BCRUA. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to BCRUA, adequate and sufficient in its determination,that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days 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 or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent BCRUA from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. BCRUA shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM BCRUA's Designated Representative for purposes of this Contract is as follows: Tom Gallier General Manager 221 E. Main Street Round Rock, TX 78664 Cell Number(512) 788-2036 Fax Number(512)218-7097 Email Address tgallier@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 of this Contract is as follows: Aaron Archer, P.E. Project Manager 4401 West Gate Boulevard, Suite 400 Austin, TX 78745 Telephone Number(512) 912-5183 Fax Number(512) 912-5158 Email Address aaron.archer@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested by BCRUA, such conferences shall also include evaluation of the Engineering Services. Should BCRUA determine that the progress in Engineering Services does not satisfy the Work Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise BCRUA in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or 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 terminate 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 sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of 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. BCRUA 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 he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/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 perform 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 shall 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 determines 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 performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this 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 performance 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 of BCRUA. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions required in this Contract and shall be approved as to 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 authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of BCRUA or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by BCRUA before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By BCRUA, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should BCRUA terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should 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 Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to 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 over 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) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish 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) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. BCRUA is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless BCRUA and its officers and employees from all claims and liabilities due to activities of his/her/itself 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 or 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 BCRUA as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. BCRUA shall 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 or resulting from the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire 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 BCRUA, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. BCRUA shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA by certified mail to: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage, or to BCRUA's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of BCRUA. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between BCRUA and Engineer, shall be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized representatives at mutually convenient times. The BCRUA reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: BCRUA: Brushy Creek Regional Utility Authority Attention: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets BCRUA Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Aaron Archer, P.E. Project Manager 4401 West Gate Boulevard, Suite 400 Austin, TX 78745 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 his/her/its delays or for failures to use his/her/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 BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this Contract if prevented from 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 undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This 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 and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis 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 determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions 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, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing BCRUA to enter into this Contract. IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. BRUSHY CREEK REGIO dUT,LAITY AUTHORITY APPROVED A TO FORM: By / Jon Lux,-President , BCRUA Attorney �PGe ATTE By: I� n Abruzzese, B UA S c etary HDR ENGINEERING, INC. By: 'n 'pal Prin"Name -� 14 LIST OF EXHIBITS ATTACHED (1)Exhibit A BCRUA Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 15 EXHIBIT A BCRUA Services Attached Behind This Page EXHIBIT A OWNER SERVICES In addition to the other responsibilities of OWNER as set forth in this Agreement, the OWNER shall, at its expense: A. Review and comment on all deliverables. OWNER will provide a single set of consolidated OWNER review comments on all deliverables. B. Coordinate with cooperating jurisdictional,funding, and environmental permitting agencies as needed and issue applications and payments for required reviews, approvals, and permits. C. Participate in project meetings as described in the scope of services. D. OWNER is responsible for posting meetings and other technical materials on the OWNER website. E. Following ENGINEER'S assessment of initially-available Project information and data and upon ENGINEER'S request,furnish or otherwise make available in a timely manner such additional Project related information and data pertinent to the Project including reports, drawings, and data relative to previous designs, or investigation at or adjacent to the Site and such information as is outlined in the Exhibit B that may be required to enable ENGINEER to complete its Basic and Additional Services. F. Execute the Full-Scale Field Demonstration Test Protocol developed by ENGINEER and collect all necessary operations, performance, and water quality data per the test plan. G. Ensure that flow meters used to monitor and record filter flow rates and other essential instrumentation required as part of the demonstration test have been calibrated within the last 12 months prior to starting testing. H. Provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2) Legal services with regard to issues pertaining to the Project as OWNER requires or deems appropriate, or ENGINEER reasonably requests, including but not limited to the review of Documents supplied by ENGINEER. I. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required. J. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. K. Provide reviews of all permits that may be necessary for completion of each phase of the Project. L. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. 7/12/2016 FN M. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of ENGINEER'S services, or any defect or nonconformance in ENGINEER'S services, the Work, or in the performance of any Contractor. N. Provide ENGINEER with the findings and reports generated by the entities providing services to OWNER pursuant to this exhibit. 7/12/2016 01 EXHIBIT B ENGINEERING SERVICES GENERAL The Project generally consists of providing assistance to re-rate the OWNER regional water system (Phase 1B). The primary tasks of this agreement include: 1.0 Project Management, Coordination and Meetings 2.0 Phase 1B Re-Rate Study 3.0 Additional Services ASSUMPTIONS ENGINEER'S assumptions apply to all tasks set forth in this Exhibit. 1. The ultimate system capacity is 144.7 MGD allocated among the OWNER WTP(105.8 MGD), the City of Cedar Park WTP(26.9 MGD), and the City of Leander(Sandy Creek) WTP(12.0 MGD). 2. ENGINEER cannot guarantee that the full-scale field demonstration test data will support an increase of the filter hydraulic loading rate for 5.0 gpm/ftz to 6.7 gpm/ftz as contemplated by others during design of the WTP or that the Texas Commission on Environmental Quality (TCEQ) will approve the exception request. 3. TCEQ approval of an increase to the filter hydraulic loading rate may not result in an increase to the overall production capacity of the WTP if other systems or processes including plant hydraulics, disinfection capacity, raw water pumping capacity, or process control restrict the system or do not meet governing TCEQ performance criteria. Based on a review of the Phase 1 WTP Process Design Criteria prepared by others, it is assumed that post filtration treatment and pumping systems are capable of operating at a flow rate that corresponds to the resulting full-scale production at the requested filter hydraulic loading rate. The re-rate protocol will establish the test plan to increase the rated capacity of the raw water pumps, sedimentation surface overflow rate, and filter hydraulic loading rate. 4. Full-scale testing protocol shall include testing of the Phase 1 interim floating intake raw water pumping system to determine if the pumps can be rerated to a higher capacity. Additional services may be required if the pumps cannot be rerated without design modifications. Based on design criteria developed by others, it is assumed that all other pumping systems can accommodate the proposed system re-rate. 5. Based on current TCEQ pilot study protocol requirements, it is anticipated that OWNER will be required to test at least one treatment train at the proposed rated capacity or higher for a period of not less than 30 days for at least 8 hours per day. It is proposed that OWNER perform testing at interim and gradually increasing unit capacities leading up to the regulatory 30 day test. The goal rate during the regulatory test run may exceed the requested re-rate capacity to be conservative. 7/12/2016 FN 6. Draft Reports and Technical Memorandums (TMs) will be provided in electronic(PDF)format for review prior to final report preparation. ENGINEER will address comments from OWNER and prepare a final report or TM within three weeks of receiving comments. Final reports and TMs will be provided in electronic(PDF)format and five printed copies will be prepared. All other deliverables will be provided in electronic(PDF)format only. BASIC SCOPE OF SERVICES Task 1.0- Project Management, Coordination,and Meetings 1.1 Project Administration. Provide administration and management of the project. 1.1.1 Project Management Plan (PMP). Develop, document and monitor the following plans and procedures to coordinate administration of the contract:team communication, quality management, document control, and cost and schedule control. 1.1.2 Manage and coordinate staff resources and project planning. Assign qualified and experienced personnel in a timely manner to project activities and coordinate the efforts of such personnel to comply with budget, schedule, scope, and quality. 1.1.3 Prepare and submit monthly invoices and project progress reports. As a minimum, monthly progress reports shall include a summary description of tasks completed as of the report date,financial status of the project, status of schedule for project, and identification of technical or other issues which may impact the overall project budget and/or schedule. 1.1.4 Prepare, provide and maintain an electronic project schedule in Microsoft Project format that is updated and submitted monthly. 1.1.5 Facilitate document control and document sharing by utilizing Projectwise for electronic filing of documents. 1.2 Project Meetings. Attend up to two meetings with the OWNER Board and/or the City Councils of OWNER member cities to provide presentations on the status of the Project. Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule (submitted monthly) ■ Project status presentations (2) Task 2.0-Phase 1B Re-Rate Study 2.1 Data Collection and Review. Assemble and review existing data and information necessary to develop a Full-Scale Field Demonstration Test Protocol in accordance with TCEQ guidance and requirements. 2.1.1 Attend a kickoff meeting at the OWNER WTP. 2.1.2 Review the following relevant available information provided by OWNER. Additional information may be required. 2.1.2.1 Daily WTP operation logs for the past two months. 7/12/2016 FN 2.1.2.2 Surface Water Monthly Operating Reports (SWMORs)for the past 12 months. 2.1.2.3 Record drawings for the raw water supply and treatment processes (Phase 1A Water Treatment Plant and Raw Water Line Interim Floating Intake Facilities Contract 3). 2.1.2.4 Disinfection concentration-time (CT) reports and calculations. 2.1.2.5 Current unit capacity approvals from TCEQ. 2.1.2.6 Phase 1A WTP Design Criteria (record drawing Sheets M-3 and M-4). Review with OWNER to confirm accuracy. 2.1.2.7 Raw water pump submittals and performance curves. 2.1.3 System Capacity Technical Memorandum (TM). Prepare and submit draft and final versions of the System Capacity Evaluation TM. The TM will document and summarize the capacity of the existing raw water system and key unit processes at the WTP used to produce potable water based on a desktop study of the assembled data and TCEQ capacity criteria established 30 TAC §290.42. 2.2 Full-Scale Field Demonstration Test (FDT) Protocol. Develop a Full-Scale FDT Protocol for submission to and approval by TCEQ. The Full-Scale FDT Protocol will establish the test plan to increase the rated capacity of the WTP. It is anticipated that exceptions will be requested for the sedimentation surface overflow rate and the filter hydraulic loading rate established in 30 TAC §290.42(d). It is also anticipated that the existing raw water pump capacity is inadequate to meet the increased WTP capacity and that a capacity re-rate is required. 2.2.1 Conduct a WTP site visit and coordinate with OWNER to develop a plan to isolate a treatment train for the Full-Scale FDT and collect the required monitoring data. 2.2.2 Conduct a meeting with TCEQ to discuss the re-rate and test protocol requirements. 2.2.3 Prepare a Draft Full-Scale FDT Protocol that includes the following. 2.2.3.1 Summary of TCEQ re-rating requirements. 2.2.3.2 Defined monitoring, recording, documentation and operational requirements to be performed during the FDT and to maintain water quality requirements during testing. 2.2.3.3 Log sheets to collect and record field data as required. 2.2.3.4 Roles and responsibilities for OWNER and ENGINEER. It is assumed that OWNER will conduct the FDT and perform the monitoring and recording requirements. 2.2.4 Submit the Draft Full-Scale FDT and conduct a meeting with OWNER to review the protocol and address comments. 2.2.5 Update the Full-Scale FDT Protocol to address OWNER comments and submit to TCEQ for review. Address TCEQ questions and review comments and issue a final version of the Full-Scale FDT Protocol. 7/12/2016 FN 2.3 Full-Scale FDT Protocol Execution. Assist OWNER in preparing for and executing the Full- Scale FDT Protocol. The duration of the Full-Scale FDT is assumed to be 30 days. 2.3.1 Provide limited oversight and support during the test period to determine if the test is proceeding in accordance with the FDT Protocol. OWNER shall perform the test and collect the required data. 2.3.2 ENGINEER will visit the WTP weekly to monitor progress and performance at the test conditions. OWNER will submit data weekly during these site visits for ENGINEER to review performance. 2.3.3 Provide test performance summaries as required for coordination with OWNER. 2.4 Full-Scale FDT Report and CT Study. Prepare the Full-Scale FDT Report, updated CT Study and TCEQ Exception Request Letter. 2.4.1 Draft Full-Scale FDT Report and CT Study. 2.4.1.1 Prepare a Draft Full-Scale FDT Report that summarizes and compiles the findings of the demonstration test to support the OWNER'S request to increase the production rating of the system. 2.4.1.2 Prepare a revised CT Study to support the OWNER'S request to increase the production rating of the system. 2.4.1.3 Submit and present the Draft Full-Scale FDT Report and CT Study to OWNER for review and comment. 2.4.2 Final Full-Scale FDT Report and CT Study. 2.4.2.1 Finalize the Full-Scale FDT Report and CT Study to address OWNER comments. 2.4.2.2 Prepare an Exception Request Letter and submit the Final Full-Scale FDT Report and CT Study to TCEQ. 2.4.2.3 Respond to TCEQ comments in support of the exception request if required. Task 3.0 Deliverables ■ System Capacity Technical Memorandum (draft and final) ■ Full-Scale Field Demonstration Test Protocol(draft and final) ■ Full-Scale Field Demonstration Test Report and CT Study(draft and final) ■ Meeting agendas and minutes (as required) Task 3.0-Additional Services The following Additional Services are not included in the Scope of Services and will not be performed unless specifically authorized by the OWNER: 3.1 Services to make measured drawings of or to investigate existing conditions or facilities, or to verifythe accuracy of drawings or other information furnished by OWNER or others. 3.2 Design phase services including the preparation of final plans and contact documents to modify or replace existing pumps and equipment. 7/12/2016 FN 3.3 Services required as a result of OWNER'S providing incomplete or incorrect Project information to ENGINEER. 3.4 Coordination with other regulatory including but not limited to Texas Parks &Wildlife Department (TPWD), U.S. Fish &Wildlife Service (USFWS), Texas Historical Commission (THC), and U.S. Environmental Protection Agency(USEPA). 3.5 Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER'S schedule,character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to other causes beyond ENGINEER'S control. 3.6 Furnishing services of Consultants for other than Basic Services. 3.7 Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 3.8 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to the Project. 3.9 Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER. 3.10 Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. 7/12/2016 FN EXHIBIT C WORK SCHEDULE The work schedule has been developed for the Basic Scope of Services. ENGINEER'S receipt of an executed copy of this agreement will serve as authorization to proceed. TCEQ review is required for the FDT Protocol and FDT Report. The duration of these reviews is unknown, cannot be controlled by ENGINEER, and is has been estimated in the work schedule. rdonth Task Description Duration 1 2 3 a S 6 7 S 1D D�YSy Dntn i.allrriinn a-d F�^'djr'JJ anr:pra°7 5':Stan Ca�arih 1? ?0 Final tit's em i=ap=d-,'7rj' 14 Ura`:po11-5csle FDT Protocol 3? "CEQ Review cf l:DT promcol Urt4:ncwn ? Final Full-S"ik-FDT?ru:crn:o1' 13 Full Sral•FDT Prnb:Cnl[xCtutinr, rQ Ura`,Fc115ccle FUT Re,-or,and CT Sr:,dy 30 TCEQ Review of FUT Report and CT Stud: Fatal full-Scale FDT Reourt and CT 5tudv: 11 OuroLcrt ater ecdIrt of 01,!'ntH ccnm—nts 'Ouraucn atter rccaiF[of iCEq:anrnrm: [ L o 7/12/2016 �rJ J EXHIBIT D COMPENSATION Total compensation for Basis Services set forth in Exhibit B is estimated to be$116,100. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in Paragraph 1.0. 1.0 OWNER shall pay ENGINEER for Basic set forth in Exhibit B as follows: A. A Lump Sum amount of $116,100 based on the following estimated distribution of compensation: 1. Task 1.0—Project Management, Coordination,and Meetings $16,900 2. Task 2.0—Phase 1B Re-rate Study $99,200 B. The portion of the Lump Sum amount billed for ENGINEER'S services will be based upon ENGINEER'S estimate of the percentage of the total services actually completed during the billing period for each Task described in Paragraph 1.0(A). C. ENGINEER shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. D. The Lump Sum includes compensation for ENGINEER'S services and services of ENGINEER'S Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and Consultant charges. 7/12/2016 ��� Brushy Creek Regional Utility Authority Phase 1 B Fee and Labor Summary Labor Classifications and Hours Senior Project Project QA/QC Senior Admin Total Total Principal Manager Reviewer Process EIT Support Hours Fee TASK DESCRIPTION 1.0 Project Management,Coordination,and Meetings _ 1.1 Project Administration 4 32 8 1 44 $9,223 1.2 Project Meetings 2 24 2 4 4 36 $7,615 TASK SUBTOTAL 6 56 2 4 12 80 $16,900 2.0 Phase 1 B Re-Rate Study 2.1 Data Collection and Review 1 16 2 32 64 12 127 $22,148 2.2 _ Full-Scale Field Demonstration Test Protocol 1 22 4 36 64 8 135 _$24,765 2.3 Full-Scale FDT Protocol Execution 1 16 4 24 40 2 87 $16,854 2.4 Full-Scale FDT Report and CT Study 3 32 4 48 96 16 199 $35,339 TASK SUBTOTAL 6 86 14 140 264 38 546 $99,200 Total Hours 12 142 16 140 268 50 1 628 $116,100 EXHIBIT E CERTIFICATE OF INSURANCE 7/12/2016 J�� ACC)R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/1/2017 7/12/2016 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 ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NOME CT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 E RAIL Ex A/C No: (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Company 19682 INSURED HDR ENGINEERING,INC. INSURER B:Travelers Property Casualty Co of America 25674 1013472 8404 INDIAN HILLS DRIVE INSURER C:American Zurich Insurance Company 40142 OMAHA,NE 68114-4049 INSURER D:Lexington Insurance Company 19437 INSURER E: INSURER F COVERAGES HDRINOI CERTIFICATE NUMBER: 14146757 REVISION NUMBER: XXXXXXX 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 ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY N N 37CSEQUO950 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1000,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 11000,000 X CONTRACTUAL LIAB INC MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: 1 $ A AUTOMOBILE LIABILITY N N 37CSEQUO951(AOS) 6/1/2016 6/1/2017 EOa accciNE den.SINGLE LIMIT $ 2 000 000 A 37CSEQUO952(HI) 6/1/2016 6/1/2017 A JX ANY AUTO 37CSEQU1160(MA) 6/1/2016 6/1/2017 BODILY INJURY(Per person) $ XXXXXXX OWNED TOS ONLY AUTOSULED HIRED ABODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY X AUTOS ONLY Peer accidentDAMAGE $ XXXXXXX $ XXXXXXX B X UMBRELLA LIAB x OCCUR N N ZUP-1OR64084-16-NF 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1,000.000 B EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF LIAB) 6/1/2016 6/1/2017 AGGREGATE $ 1 000 000 DED I I RETENTION$ I I $ XXXXXXX WORKERS COMPENSATION N X SPER TATUTE ER C AND EMPLOYERS'LIABILITY Y/N 0381127 7/1/2016 7/1/2017 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN`1 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D ARCHS&ENGS N N 061853691 6/1/2016 6/1/2017 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE:$1,000.000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PHASE 1B RE-RATE. CERTIFICATE HOLDER CANCELLATION 14146757 BRUSHY CREEK REGIONAL UTILITY AUTHORITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:TOM GALLIER,GENERAL MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 EAST MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ROUND ROCK TX 78664 AUTHORIZED REPRESENTATIV 1 ©1988L2015ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT A OWNER SERVICES In addition to the other responsibilities of OWNER as set forth in this Agreement,the OWNER shall, at its expense: A. Review and comment on all deliverables. OWNER will provide a single set of consolidated OWNER review comments on all deliverables. B. Coordinate with cooperating jurisdictional,funding, and environmental permitting agencies as needed and issue applications and payments for required reviews, approvals, and permits. C. Participate in project meetings as described in the scope of services. D. OWNER is responsible for posting meetings and other technical materials on the OWNER website. E. Following ENGINEER'S assessment of initially-available Project information and data and upon ENGINEER'S request,furnish or otherwise make available in a timely manner such additional Project related information and data pertinent to the Project including reports, drawings, and data relative to previous designs, or investigation at or adjacent to the Site and such information as is outlined in the Exhibit B that may be required to enable ENGINEER to complete its Basic and Additional Services. F. Execute the Full-Scale Field Demonstration Test Protocol developed by ENGINEER and collect all necessary operations, performance, and water quality data per the test plan. G. Ensure that flow meters used to monitor and record filter flow rates and other essential instrumentation required as part of the demonstration test have been calibrated within the last 12 months prior to starting testing. H. Provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2) Legal services with regard to issues pertaining to the Project as OWNER requires or deems appropriate, or ENGINEER reasonably requests, including but not limited to the review of Documents supplied by ENGINEER. I. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required. J. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. K. Provide reviews of all permits that may be necessary for completion of each phase of the Project. L. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. 7/12/2016 FN M. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of ENGINEER'S services, or any defect or nonconformance in ENGINEER'S services, the Work, or in the performance of any Contractor. N. Provide ENGINEER with the findings and reports generated by the entities providing services to OWNER pursuant to this exhibit. 7/12/2016J�D1 J EXHIBIT B ENGINEERING SERVICES GENERAL The Project generally consists of providing assistance to re-rate the OWNER regional water system (Phase 1B). The primary tasks of this agreement include: 1.0 Project Management, Coordination and Meetings 2.0 Phase 1B Re-Rate Study 3.0 Additional Services ASSUMPTIONS ENGINEER'S assumptions apply to all tasks set forth in this Exhibit. 1. The ultimate system capacity is 144.7 MGD allocated among the OWNER WTP(105.8 MGD), the City of Cedar Park WTP(26.9 MGD), and the City of Leander(Sandy Creek) WTP(12.0 MGD). 2. ENGINEER cannot guarantee that the full-scale field demonstration test data will support an increase of the filter hydraulic loading rate for 5.0 gpm/ft2 to 6.7 gpm/ftz as contemplated by others during design of the WTP or that the Texas Commission on Environmental Quality (TCEQ) will approve the exception request. 3. TCEQ approval of an increase to the filter hydraulic loading rate may not result in an increase to the overall production capacity of the WTP if other systems or processes including plant hydraulics, disinfection capacity, raw water pumping capacity, or process control restrict the system or do not meet governing TCEQ performance criteria. Based on a review of the Phase 1 WTP Process Design Criteria prepared by others, it is assumed that post filtration treatment and pumping systems are capable of operating at a flow rate that corresponds to the resulting full-scale production at the requested filter hydraulic loading rate. The re-rate protocol will establish the test plan to increase the rated capacity of the raw water pumps, sedimentation surface overflow rate, and filter hydraulic loading rate. 4. Full-scale testing protocol shall include testing of the Phase 1 interim floating intake raw water pumping system to determine if the pumps can be rerated to a higher capacity. Additional services may be required if the pumps cannot be rerated without design modifications. Based on design criteria developed by others, it is assumed that all other pumping systems can accommodate the proposed system re-rate. 5. Based on current TCEQ pilot study protocol requirements, it is anticipated that OWNER will be required to test at least one treatment train at the proposed rated capacity or higher for a period of not less than 30 days for at least 8 hours per day. It is proposed that OWNER perform testing at interim and gradually increasing unit capacities leading up to the regulatory 30 day test. The goal rate during the regulatory test run may exceed the requested re-rate capacity to be conservative. 7/12/2016 ��< 6. Draft Reports and Technical Memorandums(TMs) will be provided in electronic(PDF)format for review prior to final report preparation. ENGINEER will address comments from OWNER and prepare a final report or TM within three weeks of receiving comments. Final reports and TMs will be provided in electronic(PDF)format and five printed copies will be prepared. All other deliverables will be provided in electronic(PDF)format only. BASIC SCOPE OF SERVICES Task 1.0- Project Management, Coordination,and Meetings 1.1 Project Administration. Provide administration and management of the project. 1.1.1 Project Management Plan (PMP). Develop, document and monitor the following plans and procedures to coordinate administration of the contract: team communication, quality management, document control, and cost and schedule control. 1.1.2 Manage and coordinate staff resources and project planning. Assign qualified and experienced personnel in a timely manner to project activities and coordinate the efforts of such personnel to comply with budget,schedule, scope, and quality. 1.1.3 Prepare and submit monthly invoices and project progress reports. As a minimum, monthly progress reports shall include a summary description of tasks completed as of the report date, financial status of the project, status of schedule for project, and identification of technical or other issues which may impact the overall project budget and/or schedule. 1.1.4 Prepare, provide and maintain an electronic project schedule in Microsoft Project format that is updated and submitted monthly. 1.1.5 Facilitate document control and document sharing by utilizing Projectwise for electronic filing of documents. 1.2 Project Meetings. Attend up to two meetings with the OWNER Board and/or the City Councils of OWNER member cities to provide presentations on the status of the Project. Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule (submitted monthly) ■ Project status presentations (2) Task 2.0- Phase 1B Re-Rate Study 2.1 Data Collection and Review. Assemble and review existing data and information necessary to develop a Full-Scale Field Demonstration Test Protocol in accordance with TCEQ guidance and requirements. 2.1.1 Attend a kickoff meeting at the OWNER WTP. 2.1.2 Review the following relevant available information provided by OWNER. Additional information may be required. 2.1.2.1 Daily WTP operation logs for the past two months. 7/12/2016 FN 2.1.2.2 Surface Water Monthly Operating Reports (SWMORs) for the past 12 months. 2.1.2.3 Record drawings for the raw water supply and treatment processes (Phase 1A Water Treatment Plant and Raw Water Line Interim Floating Intake Facilities Contract 3). 2.1.2.4 Disinfection concentration-time (CT) reports and calculations. 2.1.2.5 Current unit capacity approvals from TCEQ. 2.1.2.6 Phase 1A WTP Design Criteria (record drawing Sheets M-3 and M-4). Review with OWNER to confirm accuracy. 2.1.2.7 Raw water pump submittals and performance curves. 2.1.3 System Capacity Technical Memorandum (TM). Prepare and submit draft and final versions of the System Capacity Evaluation TM. The TM will document and summarize the capacity of the existing raw water system and key unit processes at the WTP used to produce potable water based on a desktop study of the assembled data and TCEQ capacity criteria established 30 TAC§290.42. 2.2 Full-Scale Field Demonstration Test(FDT) Protocol. Develop a Full-Scale FDT Protocol for submission to and approval by TCEQ. The Full-Scale FDT Protocol will establish the test plan to increase the rated capacity of the WTP. It is anticipated that exceptions will be requested for the sedimentation surface overflow rate and the filter hydraulic loading rate established in 30 TAC §290.42(d). It is also anticipated that the existing raw water pump capacity is inadequate to meet the increased WTP capacity and that a capacity re-rate is required. 2.2.1 Conduct a WTP site visit and coordinate with OWNER to develop a plan to isolate a treatment train for the Full-Scale FDT and collect the required monitoring data. 2.2.2 Conduct a meeting with TCEQ to discuss the re-rate and test protocol requirements. 2.2.3 Prepare a Draft Full-Scale FDT Protocol that includes the following. 2.2.3.1 Summary of TCEQ re-rating requirements. 2.2.3.2 Defined monitoring, recording, documentation and operational requirements to be performed during the FDT and to maintain water quality requirements during testing. 2.2.3.3 Log sheets to collect and record field data as required. 2.2.3.4 Roles and responsibilities for OWNER and ENGINEER. It is assumed that OWNER will conduct the FDT and perform the monitoring and recording requirements. 2.2.4 Submit the Draft Full-Scale FDT and conduct a meeting with OWNER to review the protocol and address comments. 2.2.5 Update the Full-Scale FDT Protocol to address OWNER comments and submit to TCEQ for review. Address TCEQ questions and review comments and issue a final version of the Full-Scale FDT Protocol. 7/12/2016 FN 2.3 Full-Scale FDT Protocol Execution. Assist OWNER in preparing for and executing the Full- Scale FDT Protocol. The duration of the Full-Scale FDT is assumed to be 30 days. 2.3.1 Provide limited oversight and support during the test period to determine if the test is proceeding in accordance with the FDT Protocol. OWNER shall perform the test and collect the required data. 2.3.2 ENGINEER will visit the WTP weekly to monitor progress and performance at the test conditions. OWNER will submit data weekly during these site visits for ENGINEER to review performance. 2.3.3 Provide test performance summaries as required for coordination with OWNER. 2.4 Full-Scale FDT Report and CT Study. Prepare the Full-Scale FDT Report, updated CT Study and TCEQ Exception Request Letter. 2.4.1 Draft Full-Scale FDT Report and CT Study. 2.4.1.1 Prepare a Draft Full-Scale FDT Report that summarizes and compiles the findings of the demonstration test to support the OWNER'S request to increase the production rating of the system. 2.4.1.2 Prepare a revised CT Study to support the OWNER'S request to increase the production rating of the system. 2.4.1.3 Submit and present the Draft Full-Scale FDT Report and CT Study to OWNER for review and comment. 2.4.2 Final Full-Scale FDT Report and CT Study. 2.4.2.1 Finalize the Full-Scale FDT Report and CT Study to address OWNER comments. 2.4.2.2 Prepare an Exception Request Letter and submit the Final Full-Scale FDT Report and CT Study to TCEQ. 2.4.2.3 Respond to TCEQ comments in support of the exception request if required. Task 3.0 Deliverables ■ System Capacity Technical Memorandum (draft and final) ■ Full-Scale Field Demonstration Test Protocol(draft and final) ■ Full-Scale Field Demonstration Test Report and CT Study(draft and final) ■ Meeting agendas and minutes (as required) Task 3.0-Additional Services The following Additional Services are not included in the Scope of Services and will not be performed unless specifically authorized by the OWNER: 3.1 Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER or others. 3.2 Design phase services including the preparation of final plans and contact documents to modify or replace existing pumps and equipment. 7/12/2016 ��� 3.3 Services required as a result of OWNER'S providing incomplete or incorrect Project information to ENGINEER. 3.4 Coordination with other regulatory including but not limited to Texas Parks &Wildlife Department (TPWD), U.S. Fish &Wildlife Service (USFWS), Texas Historical Commission (THC), and U.S. Environmental Protection Agency(USEPA). 3.5 Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER'S schedule,character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to other causes beyond ENGINEER'S control. 3.6 Furnishing services of Consultants for other than Basic Services. 3.7 Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 3.8 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to the Project. 3.9 Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER. 3.10 Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. 7/12/2016 FN EXHIBIT C WORK SCHEDULE The work schedule has been developed for the Basic Scope of Services. ENGINEER'S receipt of an executed copy of this agreement will serve as authorization to proceed. TCEQ review is required for the FDT Protocol and FDT Report. The duration of these reviews is unknown, cannot be controlled by ENGINEER, and is has been estimated in the work schedule. Month Task Description Duration 1 2 3 A 5 6 7 S 10 Days Data Collection a-d Review and On`.t System Canarf TI 30 Final Sy�atern Capaci-,VTTVt 14 Draft Full-Scale FDT Protocol 30 TCEQ Review of FDT Protocol unknown ? Final Ful[-Sc i1v FDT Pro onul' 14 Full Scale FDT Protocol Execution C-A Draft Full-Scale FDT Report and CT Study 30 TCEQ Review of FI3T Report and CT Study un knovm ? Final Full-Scab FDT Repurt and CT Study' 14 Ourabcr,after rev_Ipt of Uwr&H¢.ment, 'Ourmlcr alter receipt of T.CEa_amrnerds 7/12/2016 FN EXHIBIT D COMPENSATION Total compensation for Basis Services set forth in Exhibit B is estimated to be$116,100. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in Paragraph 1.0. 1.0 OWNER shall pay ENGINEER for Basic set forth in Exhibit B as follows: A. A Lump Sum amount of $116,100 based on the following estimated distribution of compensation: 1. Task 1.0—Project Management, Coordination, and Meetings $16,900 2. Task 2.0—Phase 113 Re-rate Study $99,200 B. The portion of the Lump Sum amount billed for ENGINEER'S services will be based upon ENGINEER'S estimate of the percentage of the total services actually completed during the billing period for each Task described in Paragraph 1.0(A). C. ENGINEER shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. D. The Lump Sum includes compensation for ENGINEER'S services and services of ENGINEER'S Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and Consultant charges. 7/12/2016 FYZ Brushy Creek Regional Utility Authority Phase 1 B Fee and Labor Summary Labor Classifications and Hours Senior Project Project QA/QC Senior Admin Total Total Principal Manager Reviewer Process EIT Support Hours Fee TASK DESCRIPTION 1.0 Project Management,Coordination,and Meetings _ 1.1 Project Administration 4 32 8 44 $9,223 1.2 Project Meetings 2 24 2 4 4 36 $7,615 TASK SUBTOTAL 6 56 2 4 12 80 $16,900 2.0 Phase 1 B Re-Rate Study 2.1 Data Collection and Review 1 16 2 32 64 12 127 $22,148 _ 2.2 Full-Scale Field Demonstration Test Protocol _ 1 22 4 36 64 8 135 $24,765 2.3 Full-Scale FDT Protocol Execution 1 16 4 24 40 2 87 $16,854 2.4 Full-Scale FDT Report and CT Study 3 32 4 48 96 16 199 $35,339 TASK SUBTOTAL 6 86 14 140 264 38 548 $99,200 Total Hours 12 142 16 140 268 50 628 $116,100 EXHIBIT E CERTIFICATE OF INSURANCE 7/12/2016 , 6..R CERTIFICATE OF LIABILITY INSURANCE ­DATE `� 6/1/2017 7/12/2016 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 ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 E-MAILo Ext: A/C No (816)960-9000 ADDRESS, INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Hartford Fire Insurance Company 19682 INSURED HDR ENGINEERING,INC. INSURER B:Travelers Property Casualty Co of America 25674 1013472 8404 INDIAN HILLS DRIVE INSURER c:American Zurich Insurance Company 40142 OMAHA,NE 68114-4049 INSURER D:Lexington Insurance Company 19437 INSURER E: INSURER F: COVERAGES HDRIN01 CERTIFICATE NUMBER: 14146757 REVISION NUMBER: XXXXXXX 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY A X N N 37CSEQU0950 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1000000 CLAIMS-MADE Fx_]OCCUR PREMISES Ea occurrence $ 11000,000 X CONTRACTUAL LIAB INC MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2:000:000 POLICY❑PRO- F]JECT LOC PRODUCTS-COMP/OP AGG $ 21000,000 OTHER: $ A AUTOMOBILE LIABILITY N N 37CSEQUO951(AOS) 6/1/2016 6/1/2017 (Ea aBINEDtSINGLE LIMIT $ 2,000,000 A ANY AUTO 37CSEQUO952(HI) 6/1/2016 6/1/2017 A X 37CSEQU1160(MA) 6/1/2016 6/1/2017 BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ XXXXXXX X HIREDX NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX B X UMBRELLA LIAR X OCCUR N N ZUP-IOR64084-16-NF 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF LIAB) 6/1/2016 6/1/2017 AGGREGATE $ 11000,000 DED I I RETENTION$ $ XXXXXXX C WORKERS COMPENSATION jv T X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 0381 127 7/1/2016 7/1/_017 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1000 000 OFFICERIMEMBER EXCLUDED? FN`1 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 IfSCRIPTION OF OPERATIONS below describe under DESCE.L.DISEASE-POLICY LIMIT $ 1.000 000 D ARCHS&ENGS N N 061853691 6/1/2016 6/1/2017 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE:$1,000,000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PHASE 1B RE-RATE. CERTIFICATE HOLDER CANCELLATION 14146757 BRUSHY CREEK REGIONAL UTILITY AUTHORITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:TOM GALLIER,GENERAL MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 EAST MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ROUND ROCK TX 78664 AUTHORIZED REPRESENTATIV I @ 19884hl5 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD