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05-25-2021 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 25, 2021 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the thing Do the best you can Treat others way you want to Work cooperatively as a team City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, May 25, 2021, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Counciimember Dahie) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents Residents who choose to watch the meeting via live stream, but who would like to participate in Residents to be Beard, should email their comments to City Secretary, Brenda Dennis, at bdennis gr'schertz.corn by 5:00 p.m. on Monday 24, 2021., SO THAT THE CITY SECRETARY MAY READ THE PUBLIC COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body of the entail please include your name, your address, phone number, agenda item # if applicable or subject of discussion, and your comments. May 25, 2021 City Council Agenda Page 1 This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of regular meeting May 11, 2021. (B. Dennis) Z, Appointments /Resignation to Boards and Commissions /Committees - Consideration and /or action regarding appointments /resignations to various Boards and Commissions /Committees. (Council /B. Dennis) Resignation of Matthew Wood - Building and Standards Commission Resignation of Guy Scott - Historical Preservation Committee Appointment of Patricia Barnes - Historical Preservation Committee Appointment of Mateo Garcia - Transportation Safety Advisory Commission 3 Resolution No. 21 -R -48 - Consideration and /or action approving a Resolution by the City Council of Schertz, Texas authorizing an increase to the contract with D &S Concrete Constructors, relating to the CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project and authorizing the budget expenditures. (B. James /K. Woodlee /J. Nowak) 4, Resolution No. 21 -R -50 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 537 Main. (M. Browne /B. James) 5. Resolution No. 21 -R -51 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 820 Main. (M. Browne /B. James) May 25, 2021 City Council Agenda Page 2 Ordinance No. 21 -T -19 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the Fiscal Year 2021 Budget to provide funding for professional services related to the Corbett Ground Storage Tank, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James /K. Woodlee /J. Shortess) Resolution No. 21 -R -44 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Ford Engineering, Inc. relating to the Corbett Ground Storage Tank Engineering and Design Proposal and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortness) g. Resolution No. 21 -R -45 — Consideration and /or action approving a Resolution by the City of Schertz, Texas authorizing a contract with Kimley -Horn and Associates, Inc. relating to the 16" Dedicated Transmission Main Engineering and Design Project and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortess) 9 Resolution No. 21 -R -46 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a revision of the Not To Exceed Amount of an approved contract with DAC, Inc of New Braunfels, Texas, increasing the total amount from $175,000 to $178,000. (B. James /M. Clauser) Discussion and Action Items 10. Ordinance No. 21 -T -23 - Consideration and /or action approving an Ordinance by the City Council of Schertz, Texas authorizing an adjustment to the Fiscal Year 2021 Budget to provide for construction of the Elbel Storm Drain and Overlay Project, repealing all ordinances or parts of ordinances in conflict with this ordinance and providing an effective date. First Reading Roll Call Vote Confirmation Closed Session 11 The City Council will meet in closed session pursuant to Texas Government Code Section 551.07 to consult with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act; to wit: the discussion of the applicability of real property rights in relation to the conduct of certain city programs. Reconvene into Regular Session Ila. Take any action based on discussion held in closed session under Agenda Item 11. Discussion and Action Items May 25, 2021 City Council Agenda Page 3 12, Resolution No. 21 -R -35 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to amend the existing License and Management Agreements with the YMCA, by canceling the Management of the Wendy Swan Memorial Park Pool. (:B. James /L. Shrum) Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR 13. Pilot Program - Introduction of a Pilot Program for Residential Irrigation Meters. (B. James /J. Walters) 14. COVID -19 UPDATE - Bi- Weekly COVID-19 Update.(C. Kelm/ K.Long /S.Hall) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 21 st DAY OF MAY 2021 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. BRENDA DENNIS I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL May 25, 2021 City Council Agenda Page 4 BULLETIN BOARD ON DAY OF , 2021. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Audit Committee Main Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Main Street Committee Alternate May 25, 2021 City Council Agenda Page 5 ei 10UM City Council May 25, 2021 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of regular meeting May 11, 2021. (B. Dennis) The City Council held a Regular City Council meeting on May 1.1, 2021. RECOMMENDATION Recommend Approval. Attachments 5 -11 -2021 Draft Minutes D R A F T MINUTES REGULAR MEETING May 11, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 11, 2021, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember Mark Davis; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown Absent: Councilmember Rosemary Scott City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; Assistant to the City Manager Sarah Gonzalez; City Secretary Brenda Dennis; Deputy City Secretary Sheila Edmondson Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scott) Mayor Gutierrez provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas, as Councilmember Scott was absent. Presentations Mayor Gutierrez read and presented the following proclamations: • Proclamation naming May 9 -15, 2021 as Economic Development Week in the City of Schertz. (Mayor /EDC Department) • Proclamation designating May 16 -22, 2021 as Emergency Medical Services Week. (Mayor /EMS Department) • Proclamation observing the week of May 9, 2021 through May 14, 2021 as National Police Week (Mayor/Police Department) • Proclamation designating May 16 - 22, 2021 as National Public Works Week. (Mayor /Public Works) Employee Recognition • EMS: Meghan Stevens - EMS Billing Clerk; Felipe (Phillip) Garcia, Jason Lelek - EMS Paramedics (J. Mabbitt /B. Hill) • Facility Services: Travis Hodges - Facilities Manager (S. Williams) • Public Works: Service Worker 1 Wilfredo Marroquin, Ruben Rodriguez; Caleb West Service Worker 1 (S. Williams /D. Letbetter) • Utility Billing: Charis Kempen - Utility Billing Clerk (J. Walters /D. HardinTrussel/R. Rosales) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided the following information: • Sweetheart Court Scholarship Program 2021 -22. More information and applications for the Sweetheart Court are available through the City's website at Schertz.com. Deadline to apply is Thursday, May 20th. • Sundays, April 18th through May 23rd Come enjoy watching the Adult Kickball League (ages 21 years and older) sponsored by the Schertz Parks & Rec Social League. Games are played Sunday evenings from 6 -10 PM through May 23rd at Thulemeyer Park. • Wednesday, May 12th Cibolo / Schertz Fallen Texas Officers Ceremony 6:00 PM — 7:20 PM Santikos Movie Theater 18124 IH -35 North, Cibolo • Thursday, May 13th Northeast Partnership meeting 11:30 AM — 1:00 PM Olympia Hills Golf & Conference Center, Universal City RSVP to the City Secretary N • Tuesday, May 18th Council on the Go Meeting Meet and Greet from 6:00 -7:00 PM Meeting from 7:00 -8:30 PM St. John Paul II Catholic High School Cafeteria 6720 FM 482, New Braunfels *Tuesday, May 25th - Next regular scheduled Council meeting • Announcements and recognitions by the City Manager (M. Browne) Mayor Gutierrez recognized City Manager Dr. Browne who recognized Officer Chelsie Garcia who took the initiative to successfully take a 10 -week Academic Course to become a Polygraph Examiner. It was a very broad and diverse curriculum, and she now begins a period of internship where she has complete 1.0 polygraphs after which she will become fully certified. Dr. Browne congratulated Officer Garcia. . Announcements and recognitions by the Mayor (R. Gutierrez) No announcements were provided. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Pro -Tem Whittaker recognized the following who spoke: • Mr. Robert Bellin, Jr., 3600 Augusta Glade - Carolina Crossing who spoke on concerns of the development on Wiederstein Road and had provided a petition of 25 names of other residents who also are concerned with the development. (These were submitted also by email) Mr. Bellin stated that he wanted the Council to know that the citizens are engaged in the process and how it will change the environment. He stated that according to the initial response it did meet the criteria 3 of 20% of the affected area - this also necessitates the need of the 75% vote approval on this zoning change. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read the following consent items into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of May 5, 2021. (B. Dennis) 2. Appointments /Resignation to Boards and Commissions /Committees - Consideration and /or action regarding appointments /resignations to various Boards and Commissions /Committees. (Council/B. Dennis) • Resignation of Paul Ryson - Transportation Safety Advisory Board • Resignations of John Baker, Sabrina Allen and Sue Boissonneault - Historical Preservation Committee • Appointments of Jesse Gonzales, Jason Baltaric - Historical Preservation Committee • Appointment of Ronald Stevens - Transportation Safety Advisory Commission 3. Resolution No. 21 -R -39 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Myers Concrete Construction, LP relating to the 2020 Silt Removal Projects and authorizing the budget expenditures for the project. (B. James /K. Woodiee /J. Shortess) 4. Resolution 21 -R -42 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to enter into a Design -Build Agreement with Team Mechanical of Texas, LLC for the Animal Adoption Center HVAC Replacement Project and other matters in connection therewith. (C. Kelm/S. Williams /S. McClelland) 5. Resolution No. 21 -R -40 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz Texas, amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2021 Annual Budget (C. Kelm/S. Williams /A. Beard) 11 6. Resolution No. 21 -R -41— Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas, authorizing the submission of a grant application in an amount up to $36,950.06 to the Office of the Governor, Homeland Security Division, for the 2021 State Homeland Security Grant Urban Area Security Initiative (UASI) Program; and authorizing the acceptance of the funds, upon award. (C. Kelm /K. Long /S. Hall) 7. Resolution No. 21 -R -43 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Interlocal Agreement for Fire Protection Services with Bexar County, and other matters in connection therewith. (C. Kelm /K. Long) 8. Ordinance No. 21 -T -19 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the Fiscal Year 2021 Budget to provide funding for professional services related to the Corbett Ground Storage Tank, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /K. Woodlee /J. Shortess) 9. Ordinance 21 -A -13 - Consider and /or take action on a request for voluntary annexation of approximately 35.5 acres of land generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas. Final Reading (B. James, L. Wood, E. Delgado) 10. Ordinance 21 -S -14 Consider and /or take action on a request to rezone approximately 39.5 acres of land to Planned Development District (PDD), generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas. Final Reading (B. James, L. Wood, E. Delgado) 11. Ordinance 21 -S -15 Consideration and /or take action on a request to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Final Reading (B. James, L. Wood, E. Delgado) Mayor Gutierrez asked Council if there were any items they wished removed for separate action. Mayor Gutierrez recognized Councilmember Scagliola who requested that agenda items 5, 10 & 11 be removed for separate action. Mayor Gutierrez asked for a motion to approve consent agenda items 1 through 4 and 6 through 9. Moved by Mayor Pro -Tern Jill Whittaker, seconded by Councilmember Tim Brown to approve consent agenda items 1 through 4 and 6 through 9. AYE: Mayor Pro -Tern Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Workshop Mayor Gutierrez moved to the workshop section of the agenda. 12. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long/S. Hall) Mayor Gutierrez recognized Emergency Management Coordinator Summar Hall who provided the following updated information: • Upcoming Vaccination Clinics Civic Center Clinics: May 12th & 13th: 2nd Dose Moderna May 14th: 2nd Dose Pfizer -On-Site Clinics: May 14th — 8 am to 12 pm — Clemens High School — Steele High School Vaccination Update as of 5 -11 -2021 300 pm County: Guadalupe - Public Health Region: 8 Percentage of Population 1.6+ Vaccinated with at least one does: 44.54% Percentage of Population 16+ Fully Vaccinated: 34.34% Percentage of Population 65+ Vaccinated with at lease one does: 68.18% Percentage of Population 65+ Fully Vaccinated: 57.69% 6 ... FXetiveCases- 143 Active Cases: 357 Active Cases: 4,002 Recovered Cases: Recovered Cases: Recovered Cases: 14,379 9,875 212,409 SCUCISD: Staff Cases: 0; Student Cases: as of May I Ith, 31 cases have been reported. State Disaster Declaration -May 5, 2021 Governor Abbott extended State Disaster Declaration for additional 30 days. City of Schertz's declaration follows State • Evaluation and Discussion of the City of Schertz Declaration will be brought to Council early June. Ms. Summer reviewed the testing positivity rates, Daily New Cases - State, and Hospitalization rates. Ms. Summer addressed questions from Council. Discussion and Action Items Mayor Gutierrez read the following items into record: 5. Resolution No. 21 -R -40 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz Texas, amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2021 Annual Budget (C. Kelm /S. Williams /A. Beard) Mayor Gutierrez recognized Councilmember Scagliola who stated he had this item removed in order to comment publicly regarding the work that Ms. Briggs -Beard has been doing for the Schertz- Seguin Local Government Corporation as well as acknowledge SSLGC's performance and the decisions made to keep our source of water secured. Ms. Briggs -Beard thanked the Council and indicated that it was a team effort for everything that was accomplished and the decisions made during the winter storm. Councilmember Heyward who concurred with Councilmember Scagliola, that Ms. Briggs -Beard is doing a fantastic job. Moved by Councilmember David Scagliola, seconded by Councilmember Michael Dahle to approve Resolution No. 21 -R -40. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 10. Ordinance 21 -S -14 Consider and /or take action on a request to rezone approximately 39.5 acres of land to Planned Development District (PDD), generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas.Final Reading (B. James, L. Wood, E. Delgado) Mayor Gutierrez recognized Councilmember Scagliola who stated he didn't need a briefing on this, he pulled this on a procedural issue, generally it shouldn't show up on a consent agenda if any member of the Council voted nay. He believes that one member of Council did vote nay the last time it came before Council, but unfortunately that individual is not here this evening. He stated he had no further comments, it was just procedural, and he made a motion to approve. Moved by Councilmember David Scagliola, seconded by Councilmember Allison Heyward to approve Ordinance No. 21 -S -14 on final reading. AYE: Mayor Pro -Tern Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 11. Ordinance 21 -S -15 Consideration and /or take action on a request to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Final Reading (B. James, L. Wood, E. Delgado) Mayor Gutierrez recognized Councilmember Scagliola who asked to pull this item from the Consent Agenda. Councilmember Scagliola stated when he voted for the PDD at the last council meeting, (May 4, 202 1) it was because in his opinion, a far more superior plan than the current zoning. He understood a lot of residents were upset and reached out to him to express their concerns. He understands the emotional part of this decision and he too had concerns about the conceptual plan. After the Planning and Zoning meeting on April 14, 2021 and the City Council Meeting on May 4, 2021, the Developer addressed the issues brought up at both meetings. Councilmember Scagliola thanked the Planning and Zoning Commission for bringing many of the issues to the Developer, who was able to modify before he addressed City Council. He also wanted to let the Planning and Zoning Commissioners know he appreciated their time as they are the subject experts. The Developer made numerous modifications to the PDD that Planning, and Zoning brought up. He still had concerns about Wiederstein Rd, but the Developer did do a redesign and improved it some more. He hopes that Planning and Zoning, Staff and the Developer will work further to address those concerns. Mayor Gutierrez spoke and expressed appreciation for the Planning and Zoning Commission and all they do. He recognized that all their comments and concerns brought up at their last meeting were taken into consideration by the Developer and he made some adjustments to his PDD. Mayor Gutierrez recognized Councilmember Davis who thanked Councilmember Scagliola for pulling this item off the Consent Agenda. Councilmember Davis was going to do it, since at the last meeting it was not a unanimous vote to approve and felt it needed to put back on Discussion and Action. Councilmember Davis asked to get an updated briefing on the current modifications before he commented. Mayor Gutierrez recognized Senior Planner Emily Delgado who wanted to go over two things, the Public Hearing responses and the changes that were made from the last meeting. Topics included setbacks from 7.5 ft. to 6 ft, cul -de -sacs from 100 ft. to 150 ft. and the addition to add an alley to the north portion of Wiederstein Rd. The addition of the alley would reduce the number of cars backing out onto Wiederstein from private driveways. Ms. Delgado also informed the City Council that they received a petition the night before pushing the total percentage of disapproval over with 21.15 %. With the disapproval notices over the 20% mark, it now it requires a super majority (75 %) for approval. Councilmember Davis stated the vast majority of this area is zoned residential, and it will be developed. He thinks the initial plan is great product and will be unique to the area. Councilmember Davis's only concern is that with a PDD, it inserts into the process a lot a higher level of flexibility in developing this property and a lot of the flexibility is a gray area. The coving plan coming forward is a great plan, but still has concerns the generalness of a PDD concerning the traffic and safety matter in this area. Mayor Gutierrez recognized Mayor Pro Tem Whittaker who had two questions for Staff: With adding an alley behind the Northside of Wiederstein, are we keeping the parking on the Wiederstein? Is that correct so the width of the road? Assistant City Manager Brian James stated the applicant has given himself the option add an alley load that, so once he makes the decision, staff will work with him on the appropriate cross section of the street. When the plat goes to the Planning and Zoning Commission, the developer will need a variance or wavier to the Subdivision Ordinance requirements for that street. Staff will wait for the proposal and will make a recommendation with the platting at the PZ Commission at that time. 9 Mayor Pro -Tem Whittaker asked are the circles on the map the trees that are identified and retained? Mr. Eugenio, the developer, stated the circles on the conceptual map are the existing heritage trees. Mayor Pro Tem Whittaker wanted the citizens and Planning and Zoning Commission to know they listened to all their concerns that were identified. The strongest opposition is what the residents are going to lose, the wildlife, trees and natural beauty. Stated she has empathy for the citizens concerns, but it is zoned to be developed and cannot deny a PDD because residents want to keep it that it is natural state. She wanted residents to know that City Council is listening, and concerns are being heard, however, how we vote does not mean we are not hearing their concerns. Mayor Gutierrez recognized Councilmember Dahle who wanted Planning and Zoning Commission to know he appreciates the concerns they brought up at their meeting because those concerns were heard, and the developer made some significant changes to the PDD conceptual plan. He also thanked the residents and reassured them their voices have not gone unheard. Councilmember Dahle stated that as City Council they need to do what is best for entire community. He read excerpts from an article and wanted to share some thoughts about "cookie- cutter" developments and how communities and master plans are developed. He stated the City Council, Staff and consultants like the Planning and Zoning Commission, have a responsibility to redefine what we want to see in residential communities. Moving forward and having conversations on future development and find common agreed definitions. We have talked for years to do better development and this, this PDD concept is a great opportunity do so. Mayor Gutierrez recognized Councilmember Heyward who wanted to let Planning and Zoning Commission their concerns were heard. She stated as City Council, we tend not to disagree all the time, (Planning and Zoning Commission, City Council and Staff) but when we do, it appears to be the worst thing. Topics become a mountain, instead of a molehill. Moving forward, Councilmember Heyward wants to make sure the Planning and Zoning Commission are notified ahead of time that changes were made on projects that City Council is voting on. Councilmember Heyward asked if there was a Traffic Impact Analysis (TIA) done and it was done in 2019 indicating that area of Wiederstein Rd had approx. 2000 vehicles per a day. City of Schertz designated collector road poll goes from 2,000 - 18,000 vehicles. Councilmember Heyward recognized the concerns of the residents about the wildlife around the proposed development. Mayor Gutierrez recognized Councilmember Brown who wanted to thank the developer for addressing the concerns that the Planning and Zoning Commission and City Council brought up and his quick adjustments on his proposed PDD. The original conceptual plan and the updated conceptual plan had significant changes which included the topics 10 of straight streets, 90- degree block corners, and small lots. He also wanted Planning and Zoning Commission to know they were heard and that City Council took their input seriously. He likes the modern development of the conceptual plan using the space to its best use. Councilmember Davis stated we are not going to be perfect, but we should not try to legislate each lot size from the dais. Mayor Gutierrez stated the Developer presented a plan in Planning and Zoning meeting on April 14, 2021 and he made the adjustments to the concerns they brought up at that meeting. When the developer brought the updated conceptual plan to City Council at the first reading, he then took City Council's concerns and made additional adjustments with one week before tonight's meeting. Assistant City Manager Brian James reminded the City Council with the petition brought forward with 21.5% disapproval, it does require a 3/4 of City Council, and 3/4 of council is 6, therefore with only 6 Councilmembers in attendance tonight, all 6 are needed to approve. Moved by Councilmember Michael Dahle, seconded by Councilmember Allison Heyward approve Ordinance No. 21 -5 -15 on final reading. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 through 11. Closed Session Mayor Gutierrez recessed the regular meeting into Closed Session at 7:33 p.m. and read the following item into record: 13. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body Im seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -065 • Project E -066 • Project E -067 • Project E -068 Reconvene into Regular Session Mayor Gutierrez reconvened back into regular session at 7:59 p.m. 13a. Take any action based on discussion held in closed session under Agenda Item 13. No action taken. Roil Call Vote Confirmation No additional roll call was needed as Council did not take any action based on closed session. Information available in City Council Packets - NO DISCUSSION TO OCCUR Mayor Gutierrez read the captions for agenda items 14 & 15 and mentioned these items were provided in the City Council packets as well as the information could be found online and for public viewing at our website schertz.com. No action necessary. 14. Monthly update - on major projects in progress /CIP. (B. James /K. Woodlee) 15. Quarterly Financial Reports. Requests and Announcements • Announcements by the City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers for updates or information from staff. None at this time. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No items requested. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by Community volunteers Mayor Gutierrez recognized the following: Mayor Pro -Tem Whittaker who stated she finished her last Citizen Police Academy class, she graduated, and she is an Alumni - look out for Citizens on Patrol, when they get a vehicle, she will be patrolling. She also stated that they did a really good job representing the City of Schertz at the Chamber Golf Tournament yesterday. The City's team won the closest to the pin and she won a raffle basket. Councilmember Davis stated that he attended the Community Hilltop Park meeting at NorthCliffe, staff did a great job of presenting the Vision of the City for a very large park on the north side. He also attended the Housing Authority meeting, the board and staff are eagerly looking forward to the joint workshop coming up. Councilmember Dahle stated he also attended the Community Hilltop Park meeting at NorthCliffe, great turnout, and great conversations with the residents. Councilmember Scagliola stated he attended the SSLGC Ground Breaking Ceremony in Nixon the ribbon cutting for Tiny Jazz, attended the COVID Shot Clinic and also attended the Community Hilltop Park meeting. Councilmember Heyward stated she also attended the SSLGC Ground Breaking Ceremony in Nixon, attended the Schertz Animal Advisory Board meeting, attended the plaque presentation for Tiny Jazz, she attended the Chamber Golf Tournament (not a player) but volunteered selling tickets. She also attended the Community Hilltop Park meeting. Adjournment Mayor Gutierrez adjourned the meeting at 8:04 p.m. Ralph Gutierrez, Mayor ATTEST: 13 Brenda Dennis, City Secretary Im ei 10um City Council May 25, 2021 Meeting: Department: City Secretary Agenda No. 2. Subject: Appointments /Resignation to Boards and Commissions /Committees - Consideration and /or action regarding appointments /resignations to various Boards and Commissions /Committees. (Council /B. Dennis) Resignation of Matthew Wood - Building and Standards Commission Resignation of Guy Scott - Historical Preservation Committee Appointment of Patricia Barnes - Historical Preservation Committee Appointment of Mateo Garcia - Transportation Safety Advisory Commission BACKGROUND The City Secretary's office has received resignations from Matthew Wood, Building and Standards Commission and Guy Scott, Historical Preservation. Committee. The City Secretary's office also received new volunteer applications from Patricia Barnes who applied to serve on the Historical Preservation Committee and from Mateo Garcia who applied to serve on the Transportation Safety Advisory Commission. All applicants were vetted through the Interview Committee, and it was the consensus of the Committee to recommend to Council for appointment. Staff recommends the appointments of Patricia Barnes to the Historical Preservation Committee and the appointment of Mateo Garcia to Transportation Safety Advisory Commission. ei Olum City Council May 25, 2021 Meeting: Department: Engineering Agenda No. 3. Subject: Resolution No. 21 -R -48 - Consideration and /or action approving a Resolution by the City Council of Schertz, Texas authorizing an increase to the contract with D &S Concrete Constructors, relating to the CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project and authorizing the budget expenditures. (B. James /K. Woodlee /J. Nowak) During the December 1, 2020 City Council meeting, Council approved Resolution 20 -R -118 authorizing a construction contract with D &S Concrete Contractors for the CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project. The resolution provided authorization of the bid amount for the project, $1,256,960.95. The resolution did not include a not to exceed amount which would provide for some construction contingency for the project. Normally, a contingency of an appropriate amount (generally 5% - 20 %, based on the size, complexity of project, and potential for unforseen circumstances) is included in the not to exceed amount to allow for deviations that arise during construction. As construction began, some quantity discrepancies were discovered. Additional erosion control measures were needed to prevent silt intrusion into Dietz Creek along the Live Oak portion of the construction project. This resulted in an increased project cost of $9,000. Additionally, it was discovered that the originally established traffic control plan did not provide enough room for construction equipment and two -way traffic on Live Oak for part of the construction process. This results in a change in the traffic control plan for the project. The traffic control plan change requires some changeable message boards for the project. This will increase the project cost by an estimated $10,000. Because the project is a federal fund reimbursement project, Staff feels it is more prudent to process construction increases for the project as they occur, versus the typical not to exceed amount method used on other projects. Therefore, Staff is requesting a modest increase to cover the currently known cost increases on the project, plus a slight amount more to handle any other minor, increases that may occur as construction progresses. The request to increase the construction cost by establishing a not to exceed amount of $1,286,000 provides for a total construction contingency of $29,039.05 (approx. 2.3% of the bid amount). If construction costs are expected to increase beyond this amount, then Staff will come back to Council and request additional funding. GOAL To obtain authorization from City Council to establish an not to exceed amount for the Schertz Pedestrian Routes and Bike Lanes project to provide for some construction contingency to cover any increased construction costs in the project. COMMUNITY BENEFIT The proposed increase in construction costs will allow for the proper construction of the project and accommodate some increased costs identified in the project. The increase will also provide a minor amount of contingency to provide for some additional increased cost that may be discovered as construction progresses. The project will construct curb and gutter and sidewalks along both sides of Live Oak from FM 3009 and Schertz Parkway; construct a new decomposed granite trail through the electrical easement from Schertz Parkway to Wiederstein Rd; and provide bikes lanes on both sides of Woodland Oaks and Savannah Drive. These elements will provide some additional bike and pedestrian connections to the multi -use path along Schertz Parkway and to some community parks and to two elementary schools. The project will also widen Live Oak at the FM 3009 intersection to add an additional traffic lane, improving operational efficiency of the intersection. Approval of Resolution 21 -R -48 authorizing a not to exceed amount of $1,286,000 for the construction contract with D &S Concrete Constructors for CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project. FISCAL IMPACT Funding for the proposed increase for the construction contract is available from excess General Fund Reserves eannarked for streets. Staff recommends approval of Resolution 21 -R -48, a not to exceed amount of $1,286,000 for the CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes project. Attachments Resolution 21 -R -48 D & S Concrete contract RESOLUTION NO. 21 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INCREASE TO THE CONTRACT WITH D &S CONCRETE CONSTRUCTORS. RELATING TO THE CSJ# 0915 -46- 050 SCHERTZ PEDESTRIAN ROUTES AND BIKE LANES PROJECT AND AUTHORIZING THE BUDGET EXPENDITURES FOR THE PROJECT WHEREAS, The City staff of the City of Schertz (the "City ") previously adopted Resolution 20 -R -118, authorizing a construction contract with D &S Concrete Constructors in the amount of $1,256,960.95 for the CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project; and WHEREAS, after construction started, City staff has identified some additional, necessary construction items that increase the construction cost of the project; and WHEREAS, the City Council wishes to provide a not to exceed amount for the construction project to cover the identified additional costs and to cover future minor construction cost increases that may discovered as construction progresses, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes and establishes a not to exceed amount of $1,286,000 for the contract with D &S Concrete Constructors for CSJ# 0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project and authorizes the City Manager to execute Change Orders to the project up to the not to exceed amount. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - AGREEMENT BETWEEN i E D CONTRACTOR FOR CONSTRUCTION TRACT (STIPULATED PRICE)' Page -I of Page iA -3 of 7 Page -7 of 7 Agenda No. 4. ei 10um City Council May 25, 2021 Meeting: Department: Executive Team Subject: Resolution No. 21 -1t -50 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 537 Main. (M. Browne /B. James) BACKGROUND The owner of the property at 537 Main Street is applying for a Local Flavor Grant. The owner is in the process of converting the structure from a residence into a business - the Purple Pig Restaurant. The grant is for up to $20,000 of matching funds for a range of eligible expenses in the different categories. This includes a roof, and air conditioning system, plumbing, electrical, landscaping, concrete and potentially signage. On November 10, 2020 City Council approved resolution 20 -R -132 approving a local Flavor Grant for this property and owner for up to $20,000 for a variety to categories of work. The applicant recently submitted a request for payment for this grant for facade and site improvements which is process of being paid. The applicant is submitting for another grant for additional work he is about to begin on an addition and demolition of the interior, etc. Per the approved guidelines, the applicant is allowed to apply for this additional grant. However, the wording of the grant states that "no more than $20,000 in grant may be received per property per year ". So while more than one grant has been approved for properties in the past, those grants have generally been applied for and paid in different years. In this case, the applicant is wanting to be paid for both in the same year. Staff is comfortable doing that in this case, as the intent was more about applying for grants than being paid. Staff is going to propose to the Main Street Committee that they recommend to City Council amending the guidelines to clarify this and cap a property at no more than 2 grants for up to a total of $40,000 over a 5 -year period. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 21 -R -50 approving a Schertz Main Street Local Flavor Economic Development Grant for up to $20,000 for 537 Main. Staff is proposing to pay the applicant during 2021 if the work is completed during 2021, but has made clear the applicant would not be eligible for a grant in 2022. FISCAL IMPACT Up to $20,000 for the grant. RECOMMENDATION Approval of Resolution 21 -R -50 Attachments Resolution 20 -R -50 537 Main Agreement -- --m wwwwwwwwww _. RESOLUTION NO. 21-R-50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 537 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 603 Main Street for up to $20,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant request for 537 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND PKM Ventures LLC, FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This Local. Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and PKM Ventures LLC, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make imbrovements and rebairs. includine shell /exterior renovations including new roof. demolition. an additioa, AC, plumbing, concrete, electrical, landscaping and signage work to 537 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main. Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main. Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to PKM Ventures LLC (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report "). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be over $40,000.00 and fifty percent of which, is capped at 20,000.00 for work falling within the criteria for fagade, site, signage and systems grants. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non- breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To PKM Ventures LLc: Attention: Nicholas Marquez PO Box 284 Cibolo, Texas 78108 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self- insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of , 2021. CITY OF SCHERTZ, TEXAS ENTITY City Manager ATTEST: City Secretary (Title) (Title) New Metal Roof - 7000 Electrical Upgrade Plumbing Upgrade -10k AC Upgrade Adiitb-rv-,-o.,x, .,-L-,inolition - 11 PAGE 5 of 5 Agenda No. 5. ei 10um City Council May 25, 2021 Meeting: Department: Executive Team Subject: Resolution No. 21 -R -51 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 820 Main. (M. Browne /B. James) BACKGROUND The owner of the property at 820 Main Street is applying for a Local Flavor Grant. The owner is in the process of converting the structure from a residence into a business. The grant is for up to $20,000 of matching funds for a range of eligible expenses in the different categories. This includes a roof, and air conditioning system, plumbing, electrical, landscaping, concrete and potentially signage. 1' Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. Staff recommends approval of Resolution 21 -R -51 approving a Schertz Main Street Local Flavor Economic Development Grant for up to $1.1,000 for 820 Main. FISCAL IMPACT Up to $11,000. RECOMMENDATION Approval of Resolution 21 -R -51. Attachments Resolution 20 -R -51 820 Main Agreement RESOLUTION NO. 21-R-50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 820 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 820 Main Street for up to $11,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant request for 820 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND 10 17 Holdings, LLC, FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This Local. Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and 1017 Holdings, LLC, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make plumbing, AC and electrical improvements to 820 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to 1017 Holdings, LLC (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be $22,000.00 and fifty percent of which is $11,000.00, and is capped at 11,000.00 for work falling within the criteria for facade improvements as the applicant has already received approval for a grant of up to $9,000. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To 1017 Holdings, LLC: Attention: Nicholas Marquez PO Box 284 Cibolo, Texas 78108 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of 12021. CITY OF SCHERTZ, TEXAS ENTITY — 1017 Holdings, LLC City Manager ATTEST: City Secretary (Title) (Title) EXHIBIT A Plumbing, Electrical and AC work totaling $22,000 PAGE 5 OF 5 Agenda No. 6. ei Olum City Council May 25, 2021 Meeting: Department: City Secretary Subject: Ordinance No. 21 -T -19 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the Fiscal Year 2021 Budget to provide funding for professional services related to the Corbett Ground Storage Tank, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James /K. Woodlee /J. Shortess) I yX1 4 K" III00117 The Corbett Elevated Storage Tank serves approximately 2,300 water connections (a population of approximately 5,800). The addition of the proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and redundancy at the Corbett Tank Site in order to provide water to customers on a daily basis and to a larger portion of the City in an emergency situation. The Corbett Tank Site is one of two SSLGC connection points which provide continual water flow to the southern water zone. In addition to the design of a new ground storage tank, a pump station will be designed to feed the southern water zone through the existing elevated tank on site and to pump water to the Live Oak Tank Site. Generator design is proposed to run all of the pumps during an electrical outage as experienced during the sever Winter Storm in Texas during February 12 -19, 2021. A Professional Engineering firm will provide services related to the design and construction phases of the Corbett Ground Storage Tank. City staff has worked with Ford Engineering, Inc. to develop a scope for these services and a budget adjustment is needed to fiend this portion of the project. Proposed Ordinance 21 -T -19 allocates $512,000 for the professional services needed to assist the City with the design of the Corbett Ground Storage Tank. That amount includes the consultant's fee and a contingency amount of approximately ten percent. Construction of the Corbett Ground Storage Tank, pump station, and generator will be funded separately after final design is complete. The estimated construction cost of this project is $4.5 million. City Council approved this on first reading at the meeting of May 11, 2021. GOAL The goal of this ordinance is to amend the fiscal year 2020 -2021 budget to provide funding for the design of the Corbett Ground Storage Tank. COMMUNITY BENEFIT The proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and redundancy at the Corbett Tank Site in order to provide water to customers on a daily basis and to a larger portion of the City in an emergency situation. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 21 -T -19 on final reading authorizing the budget adjustment. FISCAL IMPACT This ordinance will allocate $512,000.00 from the Water Capital Recovery Fees to engineering and professional services related to the Corbett Ground Storage Tank project. As of March 31, 2021, the Water Capital Recovery Fund had $8.4 million available for this project. RECOMMENDATION Staff recommends approval of Ordinance 21 -T -19 on final reading. Attachments Ordinance 21 -T -19 ORDINANCE NO. 21 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 BUDGET TO PROVIDE FUNDING FOR PROFESSIONAL SERVICES RELATED TO THE CORBETT GROUND STORAGE TANK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 20 -T -31, the City of Schertz (the " it ") adopted the budget for the City for the fiscal year 2020 -2021 (the `Budget), which provides funding for the City's operations throughout the 2020 -2021 fiscal year; and WHEREAS, the City needs to authorize a budget amount of $512,000 for the purpose of contracting professional services and other associated expenses related to the Corbett Ground Storage Tank from the Water Capital Recovery Fund; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget transfer for the Corbett Ground Storage Tank, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall set a budget of $512,000 from the Water Capital Recovery Fund for the contracting of professional services and other associated expenses related to the Corbett Ground Storage Tank. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 11TH day of May, 2021. PASSED ON FINAL READING, the 25th day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - ei Olum City Council May 25, 2021 Meeting: Department: Engineering Agenda No. 7. Subject: Resolution No. 21 -R -44 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Ford Engineering, Inc. relating to the Corbett Ground Storage Tank Engineering and Design Proposal and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortness) The Corbett Elevated Storage Tank serves approximately 2,300 water connections (a population of approximately 5,800). The addition of the proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and resiliency at the Corbett Tank Site to provide water to customers on a daily basis and in emergency situations. The Corbett Tank Site is one of two SSLGC connection points which provide continual water flow to the southern water zone. In addition to the design of a new ground storage tank, a pump station will be designed to feed the southern water zone through the existing elevated tank on site and to pump water to the Live Oak Tank Site. Generator design is proposed to run all the pumps during an electrical outage as experienced during the severe Winter Storm in Texas during February 12 -19, 2021. Construction of the Ground Storage Tank, pump station, and generator will be funded separately after final design is complete. The estimated construction cost of this project is $4.5 million. GOAL To obtain authorization from Council to execute a Task Order Agreement with Ford Engineering, Inc. for $466,265.00, and a not to exceed amount of $512,000.00, for the Corbett Ground Storage Tank Engineering and Design proposal. COMMUNITY BENEFIT The proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and resiliency at the Corbett Tank Site in order to provide water to customers on a daily basis and in an emergency situation. Authorize execution of the professional services Task Order Agreement for the Corbett Ground Storage Tank with Ford Engineers, Inc., for $466,265.00, and a not to exceed amount of $512,000.00. FISCAL IMPACT The cost of the project shall not exceed $512,000.00 and funding is available from Water Capital Recovery Fees. Staff recommends Council approve Resolution 21 -R -44 and execute the Task Order Agreement for the Corbett Ground Storage Tank Engineering and Design to Ford Engineering, Inc. for $466,265.00 and a not to exceed amount of $512,000.00. Attachments Resolution 21 -R -44 O . �I Exhibit B Ford Engineering Task Order Ford Engineering Proposal I'll i i of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 5 5 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. , 11111111 4 WMZMNMMM_ �...,, i.... 1 -1004 Fi I I M-4- I i M ! IM 50506221.1 - 2 - CITY MANAGEMgNT toordination Sheet FROMM, Purchasing DATE: NAME INITIALSfDATE Oct 04,2019 Mr. Brian James Assistant City Manager 7 Charles Kelm Assistant City Manager ` Ms. Sarah Gonzalez Assistant to the i r Mr. Mark Browne City ` r On-Call Engineering Master Services Agreement with r Engineering. r -- 9124/2019. No CAF requested as no financials invovied in . Julie Gohlke This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated project and the controlling laws and regulations. Note: The City of Schertz, Texas has modified this document. The modified language is indicated by strikeout and/or underlining _ ACEC AMEMCAN SOCIETY Or CML ENGINEERS National Society of FJMCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. This Agreement has been prepared for use with EJCDCII C-700, Standard General Conditions of the Construction Contract, 2013 Edition. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDCII E-001, Commentary on the EJCDC Engineering Services Agreements, 2013 Edition. The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.pjoi�qrt or from any of the sponsoring organizations above. EJCDC* E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. A I rights reserved. r .r E TIC 1—SERVICES ENGINEER 1 1. ................................................................................................................................... ..............................1 1.2 Task Order Procedure . ................ ............................... ............ ....................... ........ ARTICLE 2 — OWNER'S RESPONSIBILITIES 2 2.01 General ......................................................................................................................... ..............................2 I�. �i[ ri��r�ls .�'���l�T;'�:r ?:.7�►�1r7 af�[r?�y:�FIC�t� 3.1 Ter ................... ..................... ....................... ..... ............................................................................... __.... .2 Times for Rendering Services.. .............................................®...................................... ...........................,..2 ARTICLE 4 — INVOICES D PAYMENTS 4.1 Invoices ........................................................................................................................ ..............................3 4.2 Payments ...................................................................................................................... ..............................3 ARTICLE —OPINIONS OF COST 5A Opinions of Probable Construction Cost ..................................................................... ..............................4 .2 Designing to Construction Cost Limit .......................................................................... ..............................4 Opinions of Total Project Costs ................................................................................... ..............................4 ARTICLE — GENERAL CONSIDERATIONS 6.1 Standards of Performance .......................................................................................... ............................... .2 Design Without Construction Phase Services ............................................................. ..............................6 Useof Documents ......... ................... ....... — ..................................................... ...................... .......... .......... ElectronicTransmittals ..........®....®.....® .......................................................................... ..............................7 Insurance..................................................................................................................... ............................... Suspension and Termination ...................................................................................... ............................... 6.7 Controlling L ........................................................................................................... .............................10 Successors, Assigns, and Beneficiaries ..................................................................... ............................... Disputes l io ...................................................................................................... .............................11 Environmental Condition of Site.. ........... . ....... .................. ....................................................... ....... 6.11 Indemnification and Mutual Waiver ......................................................................... ..............................2 6.12 Records Retention .................................................................................................... ............................... 6.13 Miscellaneous Provisions ............® ....................................... ............................... ARTICLE 7 — DEFINITIONS 7.01 DefinedTerms.. ......................................................................................................... ............................... ARTICLE 8 —EXHIBITS CIL PROVISIONS 17 8.1 Suggested Fomn of Task Order .................................................................................. ..............................7 ExhibitsIncl :............................................................................................................ ............................... 17 8.3 Total Agreement ........................................................................................................ ..............................1 Designateda rsetives ...................................................................................... ..............................1 Engineer's Certifications ............................................................... ............................... ..................19 ND Professional Order National Copyright Q 2014 and American Society of Civil Engineers. All rights reserved. AGREEMENT B. Engineer will commence performance as set forth in the Task Order. C. Engineer shall provide, or cause to be provided, the services set forth in the Task Order, EJCDC8 E-SOS, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American SodetV of Civil Engineers, All rigW reserved. Page I A. Owner shall have the responsibilities set forth in this Agreement; in Exhibit B, "Owner's Responsibilities"; and in each Task Order. B. Owner shall pay Engineer as set forth in each Task Order, pursuant to the applicable terms of Article 4 and Exhibit C. 11, Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: (1) any development that affects the scope or time of performance of Engineer's services; (2) the presence at the Site of any Constituent of Concern; or (3) any relevant, material defect or nonconformance in Engineers services, the Work, the performance of any Constructor, or in Owner's performance of its responsibilities under this Agreement. if, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the t1m; for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall bc; adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Specific Project, or Engineer's services, then the time for completion of Engineer's services, and the rates and amounts of Engineer'-s compensation, shall be adjusted equitably. 1, 1 jMMI-Jr-ggli and American Society of Civil Engineers. All rights reserved. Page 2 Ei Owner shall make decisions and carry out Its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in a Task Order within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 - INVOICES AND PAYMENTS 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may,'after giving seven days written notice to Owner, suspend services under any Task Order issued until Owner has paid in full all amounts due for services, expenses, and other related charges, Owner waives any and all claims against Engineer for any such suspension. C Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph 4.01. D Sales or Use Taxes: If after the Effective Date of a Task Order any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer's services or compensation under the Task Order, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement -------------- - ------------------ . .... . . .... - - - -- - --------- - ----- EJCDCO E-M, Agreement Between Owner and Enjdneer for Professional Services —Task Order Edition. Copyright 2014 National Society of ProfesslonA Engineer% Amerion Coundi of Engineering Companies, and American Sodety of ayll Engineers. All rights reserved. Pea -- — --------- sraTUE—M—MiTfition to Tne comperf-E. specific Task Order. PTIMMPIMM ", MR-79FITM Construction Cost limit for a Specific Project is established between Owner and Engineer in a Task Order then such Construction Cost limit and Engineer's rights and responsibilities with respect thereto will be governed by Exhibit F, "Construction Cost Limit which shall be attached to and incorporated in the Task Order. If no Construction Cost limit is established in a Task Order, then Exhibit F does not apply. NO EJCDCa E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. CopVright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Al I rights reserved. Page 4 B. Technical Accuracy. Owner shall not be responsible for discovering deficiencies in the technical accuracy • Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Consultants: Engineer may retain such Consultants as Engineer deems necessary to assist in the performance • furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. !I. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and hs Consultants may use or rely upon design elements and information ordinarily or customarily furnished bV others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. , - # * 0 1 * I # 2. Engineer shall comply with the policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. Each Task Order is based on Laws and Regulations and Owner-provided written policies an;i' procedures as • the Effective Date of the Task Order. The following may be the basis for M&Mywc- tr compensation: b. the receipt by Engineer after the Effective Date of the Task Order of Owner-provided writt policies and procedures; i 1!1111 111111 1111 1111!1111 111 Jill F. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having • certify, guarantee, or warrant the existence of conditions whose existence Engineer cannot ascertain within its services for that Specific Project. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to the Engineer in any way contingent upon Engineer signing any such document. G. The general conditions for any construction contract documents prepared hereunder are to be EJCDCO C- 700 "Standard General Conditions of the Construction Contract" (2013 Edition), prepared by the Engineers Joint Contract Documents Committee and b as modified led _y thq_Clt�,__qf Sch z, unless expressly indicated Aq_ otherwise in Exhibit J • in the specific Task Order. 6.3 Use of Documents Mi C6 E-505, Agreement Between Owner and Engineerfor Professional Order r ik.. Copyright V 203A National Society of Professional Engineers, American Couneil of Enfineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 BqA .If Engineer is required to prepani or furnish Drawings or Specifications under the specific Task Order, then Engineer shall deliver to Owner at least one original printed record version of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations. reciplent's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmitta' protocols. MIMMEMITY =71 Z EJCDC@ E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, anY American Society of Civil Engineers. All rights reserved. page 8 6.6 Suspension and Termination A. Suspension 1. By Owner Owner may suspend a Task Order for up • 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may suspend services under a Task Order (a) if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.B, or (b) in response to the presence • Constituents of Concern at the Site, as set forth in Paragraph 6.10.A.4. A suspension on a specific Task Order, whether by Owner or Engineer, shall not affect the duty of the two parties to proceed with their obligations under other Task Orders. B. Termination jbr Couse—Tosk Order. The obligation to provide further services under a specific Task Order may be terminated for cause: 1. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms of the specific Task Order or this Agreement, whose terms govern the specific Task Order, through no fault of the terminating party. MEMEMM = a. upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; • b. upon seven days written notice if the Engineer's services under a Task Order are delayed or suspended for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.10.A.5. 11 IF F 1 11 1 1 11 : 1 1111111!11111 1 11 1 1 1 : I ri'11:1:11: I I I I I ; I rii:ri 1�il C. Termination for Cause—Agreement. In the case of a default by Owner in its obligation to pay Engineer for its services under more than one specific Task Order, Engineer may request immediate payment of all amounts invoiced on other Task Orders, and may invoice Owner for continued services on such Task Orders on a two-week billing cycle, with payment due within one week of an invoice. If Owner falls to make such payments, then upon seven days notice Engineer may terminate this Agreement, including Engineer's services under all Task Orders. EJCDL* E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. and American Society of Civil Engineers. All rights reserved. Paze 9 E. Effective Date of Termination: The terminating party under Paragraphs 6.06.13, C, and D may set the effective date • termination at a time up • 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Task Order materials in orderly files. A. This Agreement is to be governed by the Laws and Regulations of the state-State of Texas iR whi6h the Spee!fie PFejeet is l9eated. ► CO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineerand not for the benefit of any other party. 1. Owner represents to Engineer t ataso the ective Date • t e Task Order, to the best of Owner's knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Enginer, shall notify (a) owner and (b) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 3. it is acknowledged by both parties that Engineers scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective ation. 5. If the presence at the Site • undisclosed Constituents • Concern adversely aWects the performance of Engineer's services under the specific Task Order, then the Engineer shall have the option of (a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (b) terminating the specific Task Order for cause on seven days notice. EJCDC* E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. AM rights reserved. Page 11 .............. . ...... 7m 2 rnw 7-- t)�� -M 3 mw 7" 1 nv= IIIIIINNI-MAMM= A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination ♦ its services under each Task Order, all Documents, records (including cost records), and design calculations related to Engineer's services or pertinent to Engineer's performance under the Task Order. Upon Owner's request, Engineer shall provide a copy ► any such item to Owner at cost. A. Notices; Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion • termination for any reason. C - Any provision or part of the Agreement held to be void or unenforceable under any Laws or Severablifty. Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and bindin,& upon Owner and Engineer, which agree that the Agreement shall be reformed • replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possi bleto expresslnv the intention • the stricken provision. D. Waiver: A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it iiffect the enforceability of that provision or • the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under a Specific Project shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion of such Specific Project. G. Non-Exclusive Agreement. Nothing herein shall establish an exclusive relationship between Owner avf# Engineer. Owner may enter into similar agreements with other professionals for the same or different type-, of services contemplated hereunder, and Engineer may enter into similar or different agreements wItV. other project owners for the same or different services contemplated hereunder. EJCDCII E-505, Agreement Between Owner and Engineer for ProfesMonall Services — Task Order Edition. CopWight 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineem All Flights reserved. Pap 13 . .... . ..... MUrUMEM A. Wherever used in this Agreement (including the Exhibits hereto and any Task Order) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits or Task Order, or in the following definitions: 1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarft correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. Additional Services—Services to be performed for or furnished to Owner by Engineer in accordance with a Task Order, but which are not included in Basic Services forthat Task Order. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits idened in Article 8. 4. Application far Payment—The form acceptable to Engineer which is to be used by a Contractor in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5. Bask Services—The services to be performed for or furnished to Owner by Engineer in accordance with a specific Task Order, as specified in the Task Order (but not including Additional Services performed or furnished pursuant to an amendment to the specificTask Order). 6. Change Order—A document which is signed by a Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date • the Construction Contract. 7. Change Proposal—A written request by a Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms • the Construction Contract. 9. Construction Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. FJCDCOE-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. and American Society of Civil Engineers. AM rights reserved. Page 14 10, Construction Contract Documents—Those items designated as "Contract Documents" in the Construction Contract, and which together comprise the Construction Contract. 11. Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 12. Construction Contract Times—The numbers of days or the dates by which a Contractor shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion, and (c) complete the Work. 14. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to thz Specific Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner's worh forces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and their employees, agents, and representatives. 15, Consultants--Andividuals or entities having a contract with Engineer to furnish services with respect to a Specific Project as Engineer's independent professional associates, consultants, subcontractors, ► vendors. 17. Documents--Data, reports, Drawings, Specifications, Record Drawings, building information models, civil integrated management models, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. -------- . .......... . ..... EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rigins reserved. Page 15 ................. 72. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 3. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulatiora, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24, Owner—The individual or entity with which Engineer has entered into this Agreement and for which Engineer's services are to be performed, Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning Specific Projects. 25. Record Drowings—Drawings depicting the completed Specific Project, or a specific portion of the completed Specific Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractorto show changes made during construction. 26. Resident Project Representative—The authorized representative, if any, of Engineer assigned to assist Engineer at the Site of a Specific Project during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of the RPR. The duties and responsibilities of the RPR will be as set forth in each Task Order. 27. Somples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will bejudged, M Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for a Contractor and submitted by a Contractor to Engineer to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 29. Site—Lands or areas indicated in the Construction Contract Documents for a Specific Project as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for use of a Contractor. 30. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 31. Specific Project—The total spectfic undertaking to be accomplished for owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under a specific Task Order are a part. 32. Subcontractor—An individual or entity having a direct contract with a Contractor or with any other Subcontractor for the performance of a part of the Work. 0 0wo EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services — Task it Edition. Copyright 0 ZM4 National Satiety of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. page 16 complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 34. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direc.. contract with a Contractor. or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. -35. Task Order—A document executed by owner and Engineer, including amendments if any, stat�M the scope of services, Engineer's compensation, times for performance of services and other relevant information for a Specific Project. 37. Work—The entire construction or the various separately identifiable parts thereof required to &-. provided under the Construction Contract Documents for a Specific Project. Work includes and b� the result of performing or providing all labor, services, and documentation necessary to prodia.- such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning; all as required by such Construction Contract Documents. 38. Work Change Directive—A written directive to a Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. tt I * 1 0 FJCDC& E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of ProfeWton al Engineers, American Council of Engineering Com panles, and American Society of Crvil Engineers. All fights reserved. Page 17 . ...... . ..... EJCDCO E-SM, Agreement Between Owner and Engmeerfor Professional Services—Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page IS I I k Engineer certifies that it has not engaged In corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For •u of this Paragraph 8.05: # 111111IF:411 - I - . MrAna H11M. I 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection. process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits • free and open competition; 3. 11coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. EJCDC8 E-505, Agreement Between owner and Englineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Ail rights reserved. Page 19 - - - — ------ Date Signed: --J Frym M_ . " • � I I1!F-1rWT7jTTM[ijL, i * Engineer License or Firm's Certificate No. (if required): State of: Texas-. PE #94904 TBPE# F-1 162 DateSigned: 10/4/2019 TUT =% 1400 Sc hertz Parkway 10927 Wye Dr. Suite 104 Schertz, Texas 78154 San Antonio, Texas 78217 --- - --- - ---------- I --------- ------ DESIGNATED REPRESENTATIVE DESIGNATED REPRESENTATIVE (Paragraph 8.04): (Paragraph 8.04): Kathryn Woodlee Mark B. Hill Title: City Engineer Title: President - -- -------- Phone Number: 210-619-1823 Phone Number: E- it Address: kwoodlee@schertz.com E- Mail Address: mark@fiordengineering.com EJC3 C6 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. AJI rights reserved. Page 20 Task Order TASK ORDER This is Task Order No. —, consisting of —pages. Y1 f-dUMMEdl R:t=Trffrf an I es – MV Order Edition, dated i I ("Agreement"), Owner and Engineer agree as follows: MENEF671 MM C. Engineer: 11--j U-1 i,77& 11 set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order,' modified for this specific Task Order, and attached to and incorporated as part of this Task Order, M V as follows: [ - ] [Note. Insert scope of services here, or incorporate by reference a scope of services set out in a separate document such as a letter or proposal.] M 01111111PIRT, 311119M Task Order Form EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services - Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I - - ------- - -- - I '. .. 4 1 ► MM111 ._4 G - I �Mj MoTul"M MIMI I -I - T I KI&M) Ma = iF =!..I= Mo t [1. if RPR services are not in the scope of this Task Order, do not include any (or state "Does not apply' or similar), or in any other scope of services text or document N 17; IT= III W 17, M [if the design under this Task Order will be governed by a Construction Cost limit, then include the follovidng clause, with blanks filled in, and thereby incorporate EKh1bit F; if not, then delete the clause or indicate "Does not apply" or similar)] Under this Task Order Engineer will design to a Construction Cost Limit, subject to the terms of Paragraph 5.02 of the Agreement and of Exhibit F to the Agreement. Exhibit F is expressly incorporated • reference. The Construction Cost Limit is The bidding or negotiating contingency to be added to the Construction Cost Limit percent. ♦ 4 * a^ . 0 141711114&71-T 14*4-IN iMTI1V=, ' I I � I I I . I im 0 6 Ipt trincr r-nuse aer;"Ires, Una on. If oil Basic Services hove been covered in Paragraphs 2.A though 2.C, then Indicate "None here In Z.D, • delete 2.D In Its endretyJ Task Order Form EJCDC8 E-50S, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright V 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of avil Engineers. A] I rights reserved. Page 2 E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. El set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. M 0 as follows:,t I [Note: insert list of Addonal Services here, or incorporate by reference a list Additional Services set out in a separate document indicate whether advance authorization needed, and include other governing terms and conditions.] M El those services (and related terms and conditions) set forth in Paragraph A2.01 of Exhibit A, as attached to the Agreement referred to above, such paragraph being hereby Incorporated ► reference. '"I Gill I ?1;M3r-M'=t'f'T I , I - .4,417TI, ; 0 i749j=Z,i?i7T71'F in addition to any schedule provisions provided in Exhibit A or elsewhere, the parties sha meet t e following schedule: [Revise and amendfor each specific Task Order.] • 7M ri Engineer Furnish review copies of the Report and j Within days of the Effective Date of the other Study and Report Phase deliverables jTaskOrder. to Owner. Owner Submit comments regarding Report and Within[ I days of Report and other Study and Report Phase deliverables other Study and Report Phase deliverables to Engineer. from Engineer. Engineer Funnish copies of the revised Report Within days of the receipt of Dwnees and other Study and Report Phase comments regarding the Report and other delliverables; to owner. Study and Report Phase deliverables. Engineer . . . . ....... Furnish review copies • the Within days of Owner's authorization to eliminary Design Phase documents, . ..... ... I-P�" proceed with Preliminary Design Phase Task Order Form EJCDC8 E-505, Agreement Setween Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 71 Task Order Form EJCDV E-505, Agreement Between owner and Engineer for Professional Services — Task Order Edition. Copyright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 4 opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Submit comments regarding Preliminary Within days of the receipt of Prell Design Phase documents, opinion of Design Phase documents, opinion of pro a e probable Construction Cost, and other Construction Cost, and other Preliminary Preliminary Design Phase deliverables to Design Phase deliverables from Engineer. Engineer. I Within days of the receipt of Ownees comments regarding the Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within days of Owner's authorization to proceed with Final Design Phase services. 1(4119-1#1-4 1 ]111 V411 NI i I LJIFTM i ViVF" # days of the receipt of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals • other construction procurement documents), and any other Final Design Phase deliverables; from Engineer. Within days of the receipt of Owner's comments and instructions regarding the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final 71 Task Order Form EJCDV E-505, Agreement Between owner and Engineer for Professional Services — Task Order Edition. Copyright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 4 under Order.] MIRMi i - • t • . a 9. Attachments: Task Order EJCDCO E-SM, Agreement Between Owner and Engineerfor Professional Services—Task Order Edition. Copyright a 2014 National Society of Professional and American Society Page 5 Print Name: Print Name: Title: Name: Name: Title: Title: Address: Address: E- Mail E-Mail Address: Address: one® Phone: Task Order Form F_JCDC* E-505, Agreement Between Owner and Engineerfor Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of avil Engineers. All rights reserved. Page 6 This is EXHIBIT A, consisting off pages, referred in and part • the Task Order dated'( I I Engineer's Services for Task Order specific Task Order issued under the Agreement Until this exhibit is customized for inclusion in a speciftc Task order, or some or all of the exhibit is incorporated in a specific Task Order by reference, it has no legal or contractual effect. PART I—BASIC SERVICES A. As Basic Services, Engineer shall® 1. Consult with Owner to define and clarify Ownees requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expanclability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. If Owner has already identified one or more potential solutions to meet its Specific Project requirements, then proceed with the study and evaluation of such potential solutions: [List the specific potential solutions here.] b. If Owner has not identified specific potential solutions for study and evaluation, then assist Owner in determining whether Owner's requirements, and available data, reports, plans, and evaluations, point to a single potential solution for Engineer's study and evaluation, or are such that it will be necessary for Engineer to identify, study, and evaluate multiple potential solutions. c. If it is necessary for Engineer to identify, study, and evaluate multiple potential solutions, then identify three alternative solutions potentially available to Owner, unless Owner and Engineer mutually agree that some other specific number of alternatives should be identified, studied, and evaluated. Exhibit A — Engineer's Services EJ•DC0 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright@ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I .. . ..... . .......... 2. Identify potential sM n(s) to meet Owner's Specific Project requirements, as needed. 3. Study and evaluate the potential solution(s) to meet Owner's Specific Project requirements, . . . . .. -- ----- - ---- ------------- Exhibit A —Engineer's Services EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of CK41 Engineers. All rights reserved. Z.— — --------- 13. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. 14. Pursuant to the Task Order - schedule, furnish the required number of review copies of the Report and any other Study and Report Phase deliverables to Owner, and review it with Owner. Owner shall submit to Engineer any comments regarding the furnished items within the time established in the Task Order schedule. f.5. Pursuant to the Task Order schedule, revise the Report and any other Study and Report Phase deliverables in response to Owner's comments, as appropriate, and furnish the required number otcoples of the revised Report and any other Study and Report Phase deliverables to the Owner. B. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Report and any other Study and Report Phase deliverables. UAW 11 0 1 it 1# 0 - 0 I . 1. Prepare Preliminary Design Phase documents ronsisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. 2. In preparing the Preliminary Design Phase documents, use any specific applicable Specific Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Report Phase, and include sustainable features, as appropriate, pursuant to Owner's instructions. ......... . . ------ Exhibit A -Engineer's Services EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services - Task order Edition. Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All eights reserved. Page 3 - - - --------- 6. Pursuant to the Task Order schedule, furnish the required number of review copies of th,-; Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables; to Owner, and review them with Owner. Within the time established in the Task Order schedule, Owner shall submit to Engineer any comments regardin,� fte furTMed items. 10. Pursuant to the Task Order schedule, revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables in response to Owner's comments, as appropriate, and furnish to Owner the required number of copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. MMMLZSM3�� A. As Basic Services, Engineer shall: Exhibit A — Engineer's Services EJMC8 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. AM rights reserved. Page4 6. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement-related instructions and forms, text, or content received from Owner. 10. Pursuant. to the Task Order schedule, revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit the required number of final copies of such documents to Owner after receipt of Owner's comments and instructions. & Engineers services under the Final Design Phase will be considered complete on the date wher. Engineer has delivered to Owner the final Drawings and Specifications, other assembled Constructior Contract Documents, bidding-related documents (or requests for proposals or other constructior procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineeef compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation underthis Task Order. M Ej&ibit A — Engineer's Services FJCDC6 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright Q 2014 National Sodetyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order t* Copyright 0 Z014 National Society ti and American Society of Civil Engineers. A] I rights reserved. Page 6 services contrary to Engineer's responsibilities as a licensed professional. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work, Duties, responsibilities, and authority • the RPR are as set forth in Exhibit D. The funnishing • such RPR's services will no limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. I- t. - Ik FNW MN 111117111 97MIRM -1 4. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at fte Site. Exhibit A — Engineer's Services EJ•• C* E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 Sampling, and similar methods of general observation of the Work based on Engineers exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on iryformation obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contrzei Documents, and Engineershall keep Owner informed of the progress of the Work. ............... . . ....... ....... Exhibit A— Engineer's Services EJCDC* E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Proilestional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 E4. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 15. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owners use, subject to the limitations and responsibilities underthe Agreement and the Construction Contract. M Substitutes and "or-equal". Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.13.2 of this Exhibit A. it�� �1� b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. Exhibit A— Engineer's Services EJCDC6 E-SO5, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page9 21. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: 22. Contractoes Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of Insurance required by the Construction Contract Documents, certificates of inspection, .... Exhibit A ®E ineer °s Services EJCDCO E-50S, Agreement Between Owner and Engineer f ®r Professional Services —Task Order Edition; Cofight Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Sodety of Ch4I Engineers, All rights reserved. Page 10 ..... ... ..... .. ..... ..... --- ------------ ------ tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph Al.05.A.17. Receive from Contractor, review, and transmit to Owner-the annotated Contract Documents to obtain final payment. The extent of Engineer's review of record documents shall be to checkthat Contractor has submitted all pages. A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engine shall: i 2. Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is d6fective and therefore subject to correction by Contractor. -Construction Phase services may commence during the Construction Phase and, if not The Post otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. 232M��= M A1.08 Other Services: Each specific Task Order may include Basic Services that do not fit into the categories above. Such services should be expressly stated in the specific Task Order itself. A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. Exhibit A — Engineer's Services EJCDC9 E-5050 Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or Investigations of existing conditions or facilities, or to verify the accuracy of drawings or othet informat4<< «he by Owner or others. b. based on the engineering and technical aspects of the Project, the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, providei%2» ces do not include rendering advice regarding municipal financial products or the issuance of municipal securities; 9. Providing data or services of the types described in Exhibit B, when Owner retains Engineer ti provide such data or services instead of Owner furnishing the same. Exhibit A — Eneineer's Services EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edidion. Copyright 0 2014 NaVional Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 Exhibit A — Engineer's Services EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of avil Engineers. All rights reserved. Page 15 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural signcance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFls), Change Proposals, or other demands from Contractor or others in connection with the Work or an excessive number of RIFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. Exhibit A — Engineer's Services FJCDC* E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of CMI Engineers. All rights reserved. Page 26 This is EXHIBIT 8, consisting • I ] pages, referred to in and part • the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated t 1. Owner's Responsibilities - I Re Agreemeni is a ano sippierneffu 7niess expressif stated otherwise in a Task Order. 011111150", L Provide Engineer with all criteria and full information as to Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. 3. Furnish to Engineer any other available information pertinent to the Specific Project includin_!� reports and data relative to previous designs, construction, • investigation at or adjacent to the Site. 4. Following Engineer's assessment of initially-available Specific Project information and data and upon Engineer's request, obtain, furnish, or otherwise make available (if necessary through title searches or retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and, Addonal Services. Such addonal information or data would generally include the following: Exhibit B— Ownees Responsibilities EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I 5. Arrange for safe access • and make all provisions for Engineer to enter upon public and private property as required for Engineerto perform services underthe Agreement. 6. Recognizing and ac nowledging that Engineers services and expertise do not include the following services, provide, as required for the Project: a. Accounting, bond and financial advisory (including, if applicable, "municipal advisor" services as described in Section 975 • the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. I. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. c. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the money paid, 8. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction ti approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. Exhibit B—Owner's Responsibilities EJCDC6 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Sodety of Professional Engineers, Amedcan Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 1 3. 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, includin& but not limited to, cost estimatln& project is review, value engineering, and constructibility review. CO. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B th,-t duties, responsibties, and limitations of authority of such other party and the relation thereol6U the duties, responsibilities, and authority of Engineer. U. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, other work is to be performed at or adjacent to the Site by others or by employees of Owner, or if Owner arranges to have work performed at the Site by utility owners, then Owner shall coordinate such work unless Owner designates an individual or entity to have authority and responsibility for coordinating the actives among the various prime Contractors and others performing work. In such case Owner shall define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibes, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. 112, Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a tor to the Site. Exhibit B— Owner's Responsibilities EJCVC111 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engine.ers. All rights reserved. Page 3 Exhibit B Owner's Responsibilities EJCDC8 E-505, Agreement Between Owner and Engineerfor Professional Services —Task Order Edition. Copyright 0 2014 National Society of Proffestional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All i Ights reserved. Page4 This is EXHIBIT C, consisting of t I pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated Payments to Engineer for Services and Reimbursable Expenses rL%4tLkMMM4J "TV I I k I I A. The bases of compensation (compensation methods) for Basic Services (including if applicable the bases of compensation for individual phases of Basic Services) and for Additional Services shall be identified in each specific Task Order (see Suggested Form of Task Order, Paragraph 6). Owner shall pay Engineer for services in accordance with the applicable basis of compensation. B. The three following bases of compensation are used for services under the Task Orders, as identified in each specific Task Order: M=1 ITTIMMUM 1=1 I I 0111!11 1 1!!1j11;:1:1i1!11j; lji� Exhibit C — Payments to Engineer for Services and Reimbursable Expenses EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright M 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of avil Engineers. All rights reserved. Page I L7WbltC— Payments to Engineer for Services and Reimbursable Expenses EJCDC* E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Reimbursable expenses reasonably and necessarily incurred in connection with services provided under the Direct Labor Costs Times a Factor and Standard Hourly Rate methods shall be paid at the rates set forth in Appendix 1, Reimbursable Expenses Schedule, subject to the factors set forth below. 1 r, �= r� A. For services performed by Engineers employees as witnesses giving testimony in any li tigation, arbitration or other legal or administrative proceeding under Paragraph A2.01.A.20, at a rate oft I times the witness's standard hourly rate. Compensation for Consultants for such services will be by reimbursement of Consultants' reasonable charges to Engineer for such services. mmrl�� A. Extended Contract Times: Should the Contract Times to complete the Work be extended beyond the period stated in the Task Order, payment for Engineer's services shall be continued based on the Standard Hourly Rates Method of Payment. 92=1 - - - - -------- . ..... Exhibit C— Payments to Engineer for Services and Reimbursable Expenses EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright (D 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Paue 3 1. Engineer's estimate of the amounts that will become payable for services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. Exhibit C— Payments to Engineer for Services and Reimbursable Expenses EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition, Copyrl& 0 2014 National Socletyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All eights reserved. Page 4 .............. . .... . This is Appendix I to EXHIBIT C, referred to in and IN I M Lr-T L=1 U J Reimbursable Expenses Schedule — -------- - . ... .. — — ------- Expenses eligible for reimbursement are subject to review and adjustment per ExhlbitC. Rates and charges for reimbursable expenses as of the date of the Agreement are: 8N11" Copies/impressions Jpage Copies of Drawings Js . ft. Mileage (auto) /mile Air Transportation at cost CAD Charge Jhour Laboratory Testing at cost Health and Safety Level D . . . Jday Health and Safety Level C Jday Meals and Lodging at cost [Note to Us en Customize this Schedule to reflect anticipated reimbursable expenses an this Specific Project] Exhibit C - Appendix I – Reimbursable Expenses Schedule EJCDCO E-S05, Agreement Between Owner and Engineer for Professional Services –Task Order Edition, Copyright V 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 - -- - — ------------ This is Appendix 2 to EXHIBIT C, referred to in and -;ua�if tuNe-Agreeimnt for Professional SerVices — Task Order Edition dated Standard Hourly Rates Schedule of the Effective Date of the Task Order are: ..._.,m.... ......... Billing Class `ill $ /hour Billing Class V11 $ /hour Billing Class V1 I /hour Billing Class V /hour J Billing Class IV ........... /hour Billing Class III /hour Billing Class H /hour Billing Class I /hour .. . ... . . Exhibit C—Appendbc2 —Standard Hourly Rates Schedule EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright Q 2014 National Society of Pri4essional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT D, consisting ► f J pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services - Task Order Edition dated The following duties, responsibilities, and limitations of authority may be incorporated in the Task Order for a Specific Project: TZ- =I - A. Engineer shall furnish a Resident Project Representative to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. L General., RPR's dealings in matters pertaining to the Work in general shall be With Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, schedule of values, and other schedules prepared by Contractor and consult with Engineef concerning acceptability of such schedules. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor's safety meetings), and as appropriate prepare and circulate copies of minutes thereof. Exhibit D —Duties, Responsibilities, and Urnitations of Authority of Resident Project Representative EJCDCO E-S05, Agreement Between Owner and Engineer for Professional services — Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I 4. Sofety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. Serve as Engineer's liaison with Contractor. Working principally through Contractors authorized representative or designee, assist in providing information regarding the provisions and intent of the Construction Contract Documents. b. Assist Engineer in serving as Ownees liaison with Contractor when Contractors operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work, 7. Shop Drawings and Samples a. Record date of receipt of Samples and Contractor-approved Shop Drawings. b. Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement ♦ any portion of the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor, or has not been approved by Contractor or Engineer. M P. Report to Engineer whenever RPR believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction Contract Documents. b. Inform Engineer of any Work that RPR believes is not defective underthe terms and standards set forth in the Construction Contract Documents, but is nonetheless not Exhibit D — Duties, Responsities, and Umitations of Authority of Resident Project Representative EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civill Engineers. All rights reserved. Page 2 c. Advise Engineer of that part of the Work that RPR believes should be uncovered for observation, or requires special testing, inspection, or approval. MME=I b. Verify that tests, equipment, and systems start-ups and operating and maintenance traini% are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof, c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. • Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public or other agencies havi% jurisdiction overt he Work. z. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to Engineer. b. Prepare a daily report • keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, • changed conditions, Site visitors, deliveries • equipment • materials daily activities, decisions, observations in general, and specific observations in more detal; as in the case of observing test procedures; and send copies to Engineer. c. Upon request from Owner to Engineer, photograph or video work in progress or Site conditions. d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers • materials and equipment. .. . ........... . . .. . . Exhibit D — Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC9 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition, Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Societyof Civil Engineers. All rights reserved. Page 3 Upon completion ♦ the Work, furnish original set of all •PR Project documentation to Engineer. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. Monffff"�ll �16 I - �,_ M, a Immediately inform Engineer • the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage to property by Concern. 13. Poyment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations • Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. oil I MOM 71 =-# I I a. Participate in Engineer's visits • the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion, submit a punch list of observed items requiring completion or correction, b. Participate in Engineer's visit to the Site in the company of, Owner, and Contractor, to determine completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. c. Observe whether all items on the final punch list have been completed or corrected, and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Exhibit E). 1. Authorize any deviation from the Construction Contract Documents • substitution of materials or equipment (including "or-equal" items). Exhibit D — Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC8 E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Eftion. Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 4 1 Exhibit W Duties, of YD / Order Copyright 0 2014 a and American SWety of CMI Engineers. All rights reserved. pages, This is EXHIBIT E, consisting of referred to in and part of Owner Task Order dated r ! I I 'CIFTE R . I J r f r i r tr g provide a notice to Owner and Contractor of the acceptability of the Work, subject to stated limitations. The 2. ., Notice of Acceptability of Work should be served in compliance with the requirements I service of notice i Construction Contract. Paragraph 19I r Notice, of EJCDC10 C-700 (2013), Standard General r ♦` i of the Construction r I Exhibit E — Notice of Acceptability of Work i CO E-505, Agreement Between Owner and Engineer Pro -s Order Edition. copyright l} 2014 council and American Society of Civil Page 1 SPECIFIC PROJECT: OWNER: Tr*UNIRTUR To. OWNER And To: CONTRACTOR From: ENGINEER TIM1511CU Wit! per-MFIMM Uir Virlir Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated and the following terms and conditions of this Notice. Exhibit E —Notice of Acceptability of Work EJCDC6 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyrig1vt 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page2 The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner's reservations • rights with respect to completion and final payment. a Dated:_ Exhibit E—Notice of Acceptability of Work EJCDC8 E-55M, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright@ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil EngineerL AR rights reserved. Page 3 ..... ....... .. This is EXHIBIT F, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edon dated 1[ 1. -X Task Order for a Specific Project: T-TIM-NIV1171M 11676 B. If a Construction Cost limit is set forth in a Task Order, then the Task Order will also specify bidding or negotiating contingency to be added to such Construction Cost limit. C. The acceptance ► Owner at any time during Basic Services of a revised opinion of probable Construction Cost in excess of the then established Construction Cost limit will constitute a corresponding increase in the Constrwition Cost limit. Engineer will be permitted to determine what types of materials, equipment and component systems, and the types and quality thereof are to be included in the Drawings and Specifications and to make reasonable adjustments in the scope, extent, and character of a Specific Project to the extent consistent with the project requirements and sound engineering practices to bring the project within the Construction Cost limit. Exhibit F — Construction Cost Umit EJCDC* E-S05. Agreement Between Owner and Engineer for Professional Services —Task Order Ecrifion. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I a : 4 a UN2 <a =«2» # «21 A.1012 105 10 0111111 Eg£ «» «s IMIM1#11#11111!'11 a < +» ¥ !I I W y422«» j 11 of the Contractor. It is ©!« ons£ y« of the Contractor to assure compliance with this provision. The City of Schertz accepts no qns ,arising from the conduct, or lack of conduct, of the Subcontractor. City +t» t Entailed to: Purchasing Department j apble(Rachertarty 1400 Schertz Parkway Faxed to: 210-619-1169 Schertz, TX 78154 GERTIFICATIS OF LIABILITY INSURANCE F tw 1' M ♦ t �� 1: t I -1 r- i 51 11INGNIII MUM j 14 C-1:41i I* I I U 7d = re T I gTna nT-Tro • ExhibitJ—Spedal Provisions EJCDC0 E-505, Agreement Between Owner and Engineer for Professional ServIcPs — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I This is EXHIBIT K, consisting of pages, to in and part of Owner and Engineer for » v Order Editis dated Amendment M Task Order s F . C. Engineer: . Specific Project: r^ Mr . [include following paragraphs i are applicable delete , not p .W to this amendment to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications r • Use paragraph numv document e;' ease of reference herein and in fiftre correspondence Exhibit K —Amendment to Task Order » CO E-S05, Agreement Between • Order Copyright C 2014 National Society of Professional Engineers, American Council and American Society of Civil Engineers. All rights reserved. Page I Task Order Summary (Reference onlyl a. Original Task Order amount: b. Net change for prior amendments: C. This amendment amount: $[ d. Adjusted Task Order amount: $1 J; MTn-dtJ'-15-RJr retEqV�T"--�UFI VVUb 11M dIL VUET,7ficaluing those set fo-0 in Exhibit C. provisions of the Agreement and Task Order not moded by this or previous Amendments remain in effect, The Effective Date of this Amendment is OWNER, ENGINEER: By: — -------- By: — Title: Title: Date Date Signed: Signed: Exhibit K – Amendment to Task Order EJC0C8 E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineem Ail rights reserved. Page 2 — - ------------ I'LOCATIONS I VEHICLES JACORD 101, Additional Remarks Schedule, may be aftached N more space Is required) 6IiiCPJPTI6ii C;pEli�;CNi' RE: 2019-016 On Call Engineering Servioes - Work Orders I Task Orders issued under this ntract 'ATE HOLDER 6 W - Ig"Ag"iAl AUTHORIZED RWRESENTAnVE Marsh Worthen a division of Marsh USA, Inc. 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (201 6103) The ACORD name and to are registered marks of ACORD 50069453 I 22FORDENGI 1 19-20 PM / AU / WC I Cindy Rain. 1 9129/2019 2:04g20 CH (ClYr) I Page 1 f I a FORD ENGINEERING, INC. SCHEDULE OF FEES 1 2019 11 140101Y ff. U11FI-11 ., , Expert Witness Testimony (RPLS) $175.00 Registered Professional Land Surveyor (RPLS) $165.00 Survey Technician/CADD S 85.00 One-Person Survey Crew $125.00 Two-Person Survey Crew S145.00 Three-Person Survey Crew $170.00 Four-Person Survey Crew $195.00 U =#,, Research & Doc. Service $ 75.00 Mobilization $200.00 Mileage (per mile rate) $ .5u TBPE No. F-1162 TBPLS No. 10018400 1-IMMMM", Ifflym zs 11;Ip ilill!ll��! Kimley-Hom and Associates, Inc., and Utility Engineering Group, PLLC, relating to on-caH engineering services for the City; and BE IT RESOLVED BY TEE CITY COUNCM OF THE CrrY OF SCBBRTZ, TEXAS UVAT: Section 7. This Resolution shall be in force and effect from and after its final [-,,assage, and it is so resolved. CITY OF T-Z, TEXAS ATTEST: VO da Dennis, City Secretaty This is Task Order No. consisting of 5 pages. Task Order In accordance with Paragraph 1.01 • the Agreement Between Owner and Engineer for Professional Services — Tash #rder Edition, dated 1042019 ("Agreement"), Owner and Engineer agree as follows: U U =M RIMMEM nin= C. Engineer: d. Specific Project (title): e. Specific Project (description): City • Schertz Ford Engineering Corbett Ground Storage Tank !!J 3EE392m= 57,17TIMI.T.n. M UITU"'AFM Does not appil . i Other Services- Task Order Form EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 3. Additional Services those services (and related terms and conditions) set forth in Paragraph A2.01 of Exhibit A, w attached to the Agreement referred to above, such paragraph being hereby incorporated by reference. I - Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: NIA. In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer �g�lne - -- — -------------- Furnish I digital review copy of the Study and — ----- Within 10 work weeks of Owner's 1 Report documents to Owner. authorization to proceed with Study and Report Phase services. Submit comments regarding S to Engineer. 1111.11MMakri1r, R�eport from Engineer. Engineer Furnish 1 digital review copy of the Within 10 work weeks of owner's W Preliminary Design Phase documents, opinion of probable Construction Cost, and other Design Phase services. Preliminary Design Phase deliverables to Owner. Submit comments regarding Preliminary Within 14 days of the receipt of Design Phase documents, opinion of probable Preliminary Design Phase documents, Construction Cost, and other Preliminary opinion of probable Construction Cost, Design Phase deliverables to Engineer. and other Preliminary Design Phase deliverables from Engineer. Engineer Furnish igital copy of the revised Within 2 work weeks of the receipt of Preliminary Design Phase documents, opinion Owner's comments regarding the of probable Construction Cost, and other Preliminary Design Phase documents, Preliminary Design Phase deliverables to opinion of probable Construction Cost, Owner. and other Preliminary Design Phase deliverables. Furnish i digital copy of the final Drawings Within 12 work weeks of Owner's e and Specifications, assembled drafts of other authorization to proceed with Final I Construction Contract Documents, the draft Design Phase services. bidding-related documents (or requests for Task Order Form EJCDC11 Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright • 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. Mth Submit comments and instructions regarding WWithin 14 days of the receipt of the final Drawings and Speccations, Drawings and Speccations, assembled assembled drafts of other Construction drafts of other Construction Contract Contract Documents, the draft bidding-related Documents, the draft .-ifing-related documents (or requests for proposals or other documents (or requests for proposals or construction procurement documents), and other construction procurement any other Final Design Phase deliverables, to documents), and any other Final Design Engineer. Phase deliverables from Engineer. Engineer � copy of the revised final Within 30 days of the receipt of Owner's Drawings and Specifications, assembled comments and instructions regarding the Construction Contract Documents, bidding- final Drawings and Specifications ' related documents (or requests for proposals assembled drafts of other Construction or other construction procurement Contract Documents, the draft bidding- documents), and any other Final Design Phase related documents (or requests for deliverables, to Owner. proposals or other construction procurement documents), and any other Final Design Phase deliverables PC Re terms oy p7; Ment a i provisions of Exhibit C. Task Order Form EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 111111111, ir�� ir�iiirir 111111 01�- rZYCIPW FJMUMVWTM[i@�r W&M W Agreement tas MOM duove), VTW-LL6& • begin performance upon its receipt • a copy • this Task Order signed • Owner. •ITNE"I By: Print Name: Title: D "I =I- RM Address: E-Mail Address: Print Name: Mark B. Hill, PE Title: President Engineer License or Firm's Certificate No. (if required): 94904 State of: Texas Name: Mark B Hill, PE Title: President Address: 10927 Wye Dr, Suite 104, San Antonio, Texas E- ail Address: mark@fordengineering.com Task Order Form EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Phone: Phone: Task Order Form EJCDCIO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyrtw and American Society of Civil Engineers. All rights reserved. Page S t ff#y 3�sl.a firs Ztf� �3t � m Upon approval, a full copy of the Preliminary plans and supporting documents will be submitted to the necessary public utility companies with a request for review and comment; comments received will be added to the Final Design Phase package. AMMM= Project Program Ford Engineering, Inc. design team will prepare detailed Construction Plans and specifications, instruction to bidders, general provisions, proposal and other documents necessary for the City to advertise for bid. A control narrative for the new pump station will be provided in the specifications. Ford Engineering, Inc. design team will furnish hard copy and digital sets • Final Design plans, specifications, and supporting bid documents for review and comment. All Fina, Design Phase Drawings will be submitted on standard 22x34 unless otherwise requested by the City. MA' said comments in a narrative form. fill 'Fill'i 11511 lill ill iiii Fill 1 Bid Phase FEI will provide the City with bid documents, addenda, and responses to the bidders questions. FEI will attend a pre-submittal meeting, review submitted bids, and provide a bid tabulation and recommendation for award. Construction Phase contractor. 10927 WYE DRIVE SUITE 1.04 hRTZ, TX 78217 R (210) 590-4777 K (210) 590-4940 1-800-332-3109 wwAr,fordengineering—com TBPE No. F- 1162 TBPLS No. 1001 400 It is understood that the City will provide 3rd party special inspections and material testing, and those services are not included in this proposal. 10927 WYE DRIVE SUITE104 SCHERTZ, TX 78217 P. (210) 590-4777 F (21 0) 590-4940 �-800-332-3109 www,fordengineering.com TBPE No, F -1162 TBPLS No. 1001 400 3 ;y M. m w r N N a a v LL to C: a o ci a ® a !p p p O O O O O o O O 'O O O:Ol.O o 0�0'O O 0 0 O O 4.0.0 O °': Q O O O 4 ® O ' O' ' O 0 C', O 4 �O IO' ill, 0 0 O CO ® i 0 4 0 (0 : O Q ID .O 4 ON N 0 00 p M M.Mi ° O O O CD.'M M O' 0 O O M 0 4° W CD O iW ~ V?. O N r 0 4 W f® f� SO) SO, �i '�- 6s W. O I® O _ - 64 N = c a a �� co co O m sY:.. N 4 P j 0 O l co (o rirc0c0 'a I 40 �- V d pO ® a V a V r e M; O p M N i co d c ® N r ® _ Cl N, N t4 S 7 I ffa L p N 4 ~ S � o I U_ I .��;= N N N N Q� j 4 W O = N � Cl? 'NNV'�N 00 00 LO C 4 = V V � (V V O� � V ; V fD ' Vi N V V N d C 0 N N N w S CD o cN �NNNN ' N � N CL Q a CD N N N cli a I III � I a , I C 0 U o 0 C O Q' ( c cn v° E ( o o 02 E m` w ( R OR U C N® I o, owi v c Vo 0. � _ U L v c� as L lot N Oc w t R c7 ���® o 0 .v cn C o E 3 �—y as U• °— v � Cr y U �!� ° (0 c6 my _ c y w,U ® ❑ c C m m a a •Q u, o m i a Cy o a E E O= o ca _> c= d m O w c 'o m CD U v Ewa m �i� v a n ❑ a a rna �O :c D- H w ca m�t�UHH EC9 E a -- Oa d ® 71 ®O E_ ®) ( U 4 0 0 0 O O 0 0 0 0 d 0 0 0 ° C 0- ® w O. O O C Q _ ® N Eo4 V LO �_ X4444414 C" r N Cl) �' oo;o® N M V° �Qpo4® ;p �o N Ep® d �Q V ®.1C3 71! O 0 0 0 0 oIo O I^^- t° r..' f~• ��0 0 0 0 w m O W W O 4 0 0 0 o C O. U r U lf7 In ® d O (I. Q� I. i.Q p 4iI Ur- C) f- d 4 W It eft O 0. O q�1 AB LL a C 40 C ry A C � U [q O � Tuyfffflv-�' 1 � Mr. Mark B. Hill, P.E. Ford Engineering, Inc. 10927 Wye Drive, Ste. 104 San Antonio, Texas 78217 RE: Revised Geotechnical Exploration Proposal Corbett Elevated Tank Project Schertz, Texas SCI No. 2021-0327. 10, Task 100 SCI ENGINEERING, INC. EARTH * SCIENCE - SOY LMONS GEOTECHNICAL ENVIRONMENTAL NATURAL RESOURCES CULTURAL RESOURCES CONSTRUCTION SERVICES At your request, SCI Engineering, hic. (SCI) is providing this revised Geotechnical Exploration proposal for the above-referenced project. The purpose of our geotechnical services will be to explore the subsurface conditions and develop design and construction recommendations for the foundations and earth-related r!hases of the project. lut"0310101 11 . ► I sic SCI understands that a new ground storage tank and pump station are currently being planned for a site located at 12191 Ray Corbett Drive in Schertz, Texas, The site is currently undeveloped, relatively level, agricultural land. heavily loaded, on the order of 20 to 25 kips per linear foot, around its perimeter. ';dr4#111444�i ME 1KIN 9 111 11-A 111AM to] 11111 .0. LIM W19111D WIN ON IN '1111r4 so "W"W"r4611 6, rock core methods. We will also drill one boring at the pump station and one at switch gear house to a - • - . . 1 .. • Mr. Mark B. Hill, P.E. 2 March 24, 2021 For Engineering, Inc. SCI No. 2021 - 0327.10 Mr. Mark B. Hill, P.E. 3 March 24, 2021 For Engineering, Inc. SCI No. 2021-0327.10 G1 t11 t T Itur esTmTa7eY7cf1eU-U1e assumes personnerwi=e anowe from formal authorization. While SCI feels this estimated timeframe is sufficient to complete our proposed scope, factors beyond our control related to current events (i.e. quarantines, government restrictions to movement, large scale impact to SCI or subcontractor workforce) may impact this schedule. If such an issue arises, SCI will notify you as soon as possible. Conditions and Considerations Our fee, which is valid for up to •0 days from the date ♦ this proposal, does not include out-of-scope services that might be added during the course of our work; nor does it include additional services that might be requested following completion of our report, such as attendance at project meetings; subsequent consultation; or review, signing, and sealing of project plans, Such services will be provided in accordance with the enclosed Acceptance of Proposal for Professional Services, and billed at our then-current hourly rates, or as otherwise agreed. This proposal assumes that you will provide site access authorization, including access to the proposed boring locations for a conventional, rubber-tired, truck mounted drill rig. No clearing, grading, or other removal of site obstacles, has been included in this proposal. We will contact the Texas 811 One-Call system to have the locations of public utilities marked; however, privately owned, below-grade, utility lines within the project area are the responsibility of the owner, We shall only be responsible for utilities brought to our attention prior to drilling. SCI can provide a private utility locate for an addition fee ► $1,000.00, if necessary. Sandeep K. Malla S t f fy-"E, j n e e r, E.I.T. Shawnna L. Erter, P.E., D. GE, F, ASCE Vice President SKNVCJC/SKE/hmm Enclosures Acceptance of Proposal for Professional Services General Terms and Conditions \\scim&hued\Projects12021\2021-0327 Corbett Elevated Tank ProjecffinanciAlMorbett Elevatcd Tank Project -Revised GS Proposal docx SCI ENGINEERING, INC. 9330 Corporate Drive, Suite 610 Selma, Texas 78154 210 - 660 -SCI E (7 243) www.scienglneering.com Project Number:-2021-0327.10. Task 100 / SKM Date: March 24. 2021 937-2mm Name and Title: Address: Signature: City, State, Zip: Company Name: Telephone: Date: Email: Party responsible for payment: (if different than Accepted By) Name and Title: Address: Signature: City, State, Zip: Company Name: Telephone: Date: Email: Report Distribution (Note: Additional printed report copies after final submittal will be billed at $25.00 each) Company and Contact Name: Address (Printed) or Email (Electronic): No. Printed Reports GENERAL TERMS AND CONDITIONS SUBSURFACE STRUCTURES OR UTILITIES Selma, Texas 781 210-660-SCIE (724 www.sclenglneering.c�] 7, INVOICES You will make all payments in accordance with SCI's invoices, and payment is due upon receipt of invoice. A fee of I Y� percent per month Not 11 be payable on any amounts not paid within thirty (30) days, payment thereafter to be applied first to accrued interest and then to your unpaid amount. You agree to pay invoices under these terms and to bear collection fees, court costs, or any other reasonable expense involved in the collection of amounts not paid. HAZARDOUS MATERIALS; NOTIFICATION OF S. GENERAL LIABILITY AND LIMITATION The discovery of unanticipated hazardous or suspected SCI agrees to hold you harmless and to indemnify you on account hazardous materials will constitute a changed condition mandating of any liability due to bodily injury or property damage to the extent termination of services if SCI and you are unable to renegotiate the directly caused be our negligent operational acts, but such hold scope of service in a timely manner. SCI will notify you as soon as harmless and indemnity will be limited to that covered by our practically possible should SCI encounter unanticipated hazardous comprehensive general liability insurance. At your request, SCI will or suspected hazardous materials. 11. CONSTRUCTION COST ESTIMATES An opini W, W&- 'lawwW*6 &M, "AmNA-A 111t I 0- cWt,ll -�IL " M �V-PIPIIV& I'll J4J.J r�CllVlal 6LIL. WV ' Since we have • control over the cost of labor and materia contractor bids of actual cost to the owner. 12. DEFECTS IN SERVICE You and your personnel, contractors, and subcontractors shall promptly report to SCI any defects or suspected defects in SCI's work, in order that SCI may take prompt effective measures which in SCI's opinion will minimize the consequences of any such defect. 13. TERMINATION Any or all services being provided for you by SCI under these General Terms and Conditions or under separate contract may be terminated by either party upon seven (7) days prior written notice. In the event of termination, SCI shall be compensated by you for all services performed up to and including the termination date, including reimbursable expenses. 14. FORCE MAJEURE Any delays or failure of performance by SCI shall not constitute a default under this A2Teement, if such delis ir fails A 9.0e I ierformance are caused by 11101111"-�WNI w.41.101 11111111011 or failure ceases and SCI's schedule for performance shall be extended to the extent of such delay. Each party shall take �-Wlvqfl? 15. ENVIRONMENTAL SITE ASSESSMENT An Environmental Site Assessment is conducted to render an opinion about the possibility of regulated contaminants being present on, in, or beneath the site specifically at the time services were conducted, Client understands that no matter how thorough an Environmental Site Assessment is, SCI cannot know or state factually that a site is unaffected by reportable quantities of regulated contaminants. Furthermore, even if SCI believes that reportable quantities are not present, the client bears the risk that such contaminants may be present or may migrate to the site after the study is complete. Likewise, the client agrees to hold SCI harmless from any claim or liability for injury or loss arising from the unanticipated discovery of hazardous materials or suspected hazardous materials to the fullest extent permitted by law. that may occur during implementation of SCI's pJ specifications, or recommendations when SCI is not retained observe such implementation, Yry a t � ;) {� ;�; i t t� i d �Y � � �F €y s' 3 � >p � � n h to k �i � € � � r' ���� �i � o �� e� �� � � 3 rte, � � � � � � � � � }� y � 1 3 � #. is i i i � �k '' � � � � ��; � sit i � t s } � x tr � � �� � Sit" a � � t� }f f �� t �r �%,y,� v} �,z, �;�� �� � ,> �i { ; 7 s s�' z It Yi n } 1 have the wherewRhal to r000gnize subtle, out sornelirws c4tically rrnpof- tart urianlicipated canditions, or to respond to them in a niRnner Consis- leni wilh your goals, objectives, and risk roanagernefli ofelererices, ing YDUr geolechnical engineer confer with appropriate mernbets of the design team before finalizing Ihe scope of geolechnicol service (as sq- gusted above), arid, again, Mer submitting Vic repud, Also relarfriyouf geolechnival enginFr to review perfi rwnt elen7gints of the dasLgn tsafn Inambers, plans and Specifications, Reduce 1he risk of unanticipaIM conditions clalar, thal rail occur -offherl constructors misinterpret or misunderstand Ihe purposes of a gootochni- ca eiigineering reourl. Use appropriate language in your conlract docu- ments. Retain your geotechnical Pnginear to parlidpais in prabid and preconstrucUon conferences, and to pDform construcdan observallon• HM On GMe"Cal Fa near WN WM oft? ftsign pmfessiz MW Centructm 01l'ier design learn iriumbers' misinlerpre'alion of rr geDtochnical engi- needrig rppod has resulted in costly protlems, Manage thal r.,sY by NO- CapyrLahl 2004 by AS F, PC. PuphrNign, Cr rolo,01r, of INs docurnate, en wrale vrin pin, �'/ asy '=718JR., whalsoevee ig sr&op prahlbrrviv, FAT,'FP7 Wrh A$FE,,5 sprrife, m0en Ex!ap!?,,q povirg, Or wherivf9e 2rImm6nrg avrding from AN dorompor is Pverksted only 6a°ith the eYpiess Of ASFE and onlj, for puiposes of srhaladp0007rch or bookirevOw, aWrEfrfay use th4sefficumentprR caropipmrWo 01 as all Ammar Ora geole.eftcalengrimenrV d x9fty 1 '21 a prpppFj�, Any o1sr? ffrfti� ifxljol uaf, or &?Iep d, s wqvs thisdocurflunr Lwlvoul beftry an AM mamhrr rro)d bo nagioreaf or inteadonal (Mdudulanr mrsreprvsertahop AGREEMENT BETWEEN ENGINEER AND CONSULTANT FOR PROFESSIONAL SERVICES ON of Schertz, Texas COwner") Which provides for Engineer to perform and furnish professional services in connection with Project described therein. A copy of the Prime Agreement (excluding compensation and other confidential information) is incorporated as Attachment I to this Agreement. The Project described in the Prime Agreement is summarized as follows: I R= ON =11 rM. Engineer hereby retains Consultant to provide services under this Agreement generally described as follows: --I- - U, MWAOTT5 = 40 NUOMR1#1 uv=#*Z�H 169 W pull.: .1maw IREMPUM 011 Nichol Inc. shall orovide ex0ert vrofessional enzineering services for each Ehase q_ssianed and C. Consultant is an independent contractor, and is not an employee or partner of, or a joint-venture with Engineer. ml�iti7ff•i MHOWYM, A. Consultant shall provide, • cause to be provided, Consultant's Services the basic consultation services described in detail in paragraph 1, Basic Services of Exhibit I " Description of Basic Consulting Services and Related Matters" within the time periods stipulated herein. B. All • Consultant's communication to • with Owner • Engineer's other independent professional associates and consultant will be through or with the knowledge of Engineer. N V 1410 DW4M MIZE" 113 01 111 11 11111,11qxIIIIIIIIIIIII jiliqiii III C. Engineer shall furnish to Consultant information relevant to Consultant's Services as such i,-ifo,tiu,2tioTF becowes avq-iJable. 2200302�1 = A. Consultant shall complete its obligations within a reasonable time, and shall make decisions and carry out its other responsibilities in a timely manner • as not to delay the Engineer's performance of its services under the Prime Agreement. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. C. If Engineer authorizes changes in the scope, extent, or character of Consultant's Services, then Engineer shall adjust equitably the time for completion of Consultant's Services, and the rates and amounts of Consultant's compensation. FF,. Engineer shall make decisions and carry out its other responsibilities in a timely manner sv as not to delay the Consultant's performance of its services. E. If Consultant fails, through its own fault, to complete the performance of Consultant's Services within the time set forth, as duly adjusted, then Engineer shall be entitled to recover from Consultant any actual damages incurred by Engineer as a result of Consultant's failure to timely complete performance of Consultant's Services. U00LZ=1ffJ= ENGINEER shall pay CONSULTANT for Basic Services rendered under Article I as more particularly described in paragraph I of Exhibit I "Description of Basic Subcontractor Service�.� and Related Matters" with compensation computed as indicated in Exhibit 11"Project Fee Summary". UNNUMEMMI= If the general scope, extent or character of This Part of the Project is changed materially through no fault of CONSULTANT, the amount of compensation provided for herein shall be subject to equitable adjustment, provided ENGINEER receives a commensurate adjustment under the Prime Agreement. 2MMHM3UJ9= 4.3.1 CONSULTANT shall submit monthly statements for Basic and Additional Services rendered per Exhibit A. If ENGINEER objects to any statement submitted by CONSULTANT, ENGINEER shall so advise CONSULTANT giving reasons therefore. "Payment of any invoice by ENGINEER, or submitted of invoice to OWNER by ENGINEER, shall not imply approval or acceptance of the services by the ENGINEER." M=1 4.4.1 CONSULTANT shall at CONSULTANT'S expense fumish ENGINEER copies of all progress reproductions and information required by ENGINEER for performance of ENGINEER's services under the Prime Agreement for review • CONSULTANT's services while in progress. 4.4.2 ENGINEER shall at ENGINEER's expense fumish information and progress reproductions of ENGINEER's work and that of others assigned to the Project as may be required for the orderly performance of CONSULTANT services. Z��r 601 Standards of Performance B. Technical Accuracy: Neither Engineer nor Owner shall be responsible for discovering deficiencies in the technical accuracy of Consultant's Services. Consultant shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Engineer-furnished or Owner-fumished information. 6.2 Termination 62.2 This Agreement will terminate automatically upon termination of the Prime Agreement. 300���� f.4.1 Fiscal record of CONSULTANT pertinent to CONSULTANT's compensation ard payments under this Agreement will be kept in accordance with generally accepted accounting practices and will not be disposed • • CONSULTANT until after sixty (60) days' prior written notice to and subsequent approval of ENGINEER. 6.4.2 CONSULTANT shall maintain all records (fiscal and other) and design calculations on file in legible form. A copy of these shall be available to ENGINEER at CONSULTANT's reasonable expense and the originals shall not be disposed of by CONSULTANT until after sixty (60) days' prior written notice and subsequent approval of ENGINEER. 6.4.3 CONSULTANT's records and design calculations will be available for examination airf audit during normal business house with five (5) days prior written notice. M= U4 i i Liability and Commercial Automobile Liability Policies; and (5) be attached as Exhibit III to this Agreement. ILI I la ILT4 I Via a ■ Role I j NURNaTUTUM 2. Commercial General & Contractual Liability . •� F, W3331= WMEMIM Statutory $ 1,000,000 per occurrence $2,000,000 in the aggregate $ 1,000,000 per occurrence $1,000,000 in the aggregate 3. Commercial Automobile Liability Coverage for all owned (private and others), hired and non-owned vehicles; Bodily Injury $ 1,000,000 per occurrence $1,000,000 in the aggregate Property Damage $ 1,000,000 per occurrence $1,000,000 in the aggregate 4. Professional Liability $ 1,000,000 per claim $1,000,000 in the aggregate *Including, when site visitation is required, XCU (explosion, collapse, and underground) hazard coverage and premises operations, independent contractors, products, completed operations, contractual, personal injury (with employee exclusion deleted) and property damage coverages. CONSULTANT shall reimburse the OWNER, ENGINEER, its agents, servants and employees for all reasonable costs of their defense in the same proportion CONSULTANT is found liable, rather than "defend" as above." 6.6.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than ENGINEER and CONSULTANT and all duties and I because he or she is a disabled veteran or veteran of the Vietnam era. Such actions shall include recruiting and hiring, selection for training, promotion, fixing rates or other 1111111i 11111��1111111 1111111 Ji, MWM��� M1QW*1*17-R=&VJU* U-117-14 oil MW 110101 1 "fit 1111111,11111 1 -.0 I mom* pursuant to this Agreement, are for the sole use of the ENGINEER and OWNER, their agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the ENGINEER and OWNER. In addition, CONSULTANT shall not grant any interviews or make any written or oral statements to any news media representatives regarding the project nor publish any article or make any presentation concerning the Project or services performed by CONSULTANT with the prior wrixen consent of the ENGINEER and OWNER. Each party shall be responsible for its own cost and expense including attorneys' fees and court cost incurred in the course of any dispute, mediation, or legal proceeding, The fees of the mediator and any filing fees shall be shared equally by the parties. A. This Agreement, together with the Exhibits constitutes the entire agreement between r . ' •• E' ENGINEER and CONSULTANT and supersedes all prior written or oral understandinga This Agreement may only be amended, supplemented, modified, or canceled by a dul ey-ecuted m e-4a.struw.e,-ct. A. With the execution of this Agreement, Consultant and Engineer shall each designate 2 specific individual to act as the party's representative under this Agreement. Such an individual shall have authority to transmit instructions, receive infori-nation, and render decisions relative to the Project on behalf of the respective party that the individual represents. =1 A. Consultant certifies that it has not engaged in corrupt, fraudulent, • coercive practices in competing for or in executing the Agreement. 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution; C. "fraudulent practice" means an intentional misrepresentation of facts made (a) influence the selection process or the execution of the Agreement to the detriment Engineer or Owner, or (b) to deprive Engineer • Owner • the benefits • free open competition; I 3. "Coercive practice" means harming or threatening to harm, directly or indirectly, persons • their property to influence their participation in the selection process • affect the execution • the Agreement. MUMUMM IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1, M= I ii �27 W), eD r.. S San Antonio, Texas 78217 Name: Mark Hill, P.E. nrqrqMMLMz-qMffjj= Fort Worth, Texas 76102 Designated Representative: Name: David T. Bennett, P.E. Title: Principal Phone Number: 210-298-3829 Moold I MMUMM • Design condensate drainage system (no plumbing) • Provide plans and specifications in PDF format for the 60% Submittal. • Prepare Opinion of Probable Construction Cost (OPCC). • Attend one review meeting with the Client at Design Phase interim submittal stage Final Design Phase • Update and finalize electrical and structural plans and specifications based on comments from the 60% design submittal stage. • Provide plans and specifications in PDF format for the Final Submittal. am Bid Phase 0 Respond to requests for information (RFIs) and assist with addenda as required. �1; Y. t1 �1. ,- -� ��..- Lump Sum: Compensation to Consultant shall be the lump sum fee of Two Hundred Fifty-five Thousand Seven Hundred Twenty-rive Dollars ($255,725.00). If Consultant sees the Scope of Services changing so that additional services are needed, Consultant will notify Engineer for Engineer's approval before proceeding. Additional Services shall be computed based on a negotiated lump sum fee. Phase Amount Fee type Preliminary Phase $ 60,296 Lump Sum Design Phase $ 137,514 Lump Sum Bid Phase $ 13,976 Lump Sum -Construction Phase Services $ 43,939 Lump Sum Total $ 255,725 '► 0 of i I Agenda No. 8. CITY COUNCIL MEMORANDUM City Council May 25, 2021 Meeting: Department: Engineering Subject: Resolution No. 21 -R -45 — Consideration and /or action approving a Resolution by the City of Schertz, Texas authorizing a contract with Kimley -Horn and Associates, Inc. relating to the 16" Dedicated Transmission Main Engineering and Design Project and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortess) BACKGROUND The Dedicated Transmission Main project is a new water transmission main installment project consisting of approximately 18,600 linear feet of 16 -inch diameter pipe to connect the Live Oak Tank to the I -35 Elevated Tank. These tanks are currently not directly connected, so the I -35 Tank is fed through the distribution network. Operating in this manner requires the distribution system to operate at a higher pressure than ideal, which is undesirable for residents near the Live Oak Tank site and also causes operation and maintenance issues with the pumps and pipe network due to the pressure stress on the system. Because of the scope of the project, the design consultant services are broken into two phases. The first phase (awarded with resolution 20 -R -81) included a route study to select the best route for the project considering existing utilities, right -of -way, easements, and environmental concerns. The second design phase of this project, which is being awarded with resolution 21 -R -45, will include final design, bid, and construction phase services. City Staff is recommending awarding the engineering services Task Order Agreement to Kimley -Horn because of their experience in completing similar transmission main projects that require extensive coordination and their ability to provide the majority of the required services within their local office and their previous work on the route study and preliminary engineering report. Construction of the 16" Dedicated Transmission Main will be funded separately after final design is complete. The estimated construction cost of this project is $5.4 million. GOAL To obtain authorization from Council to execute a Task Order Agreement with Kimley -Horn and Associates, Inc. for $1,371,705.00, and a not to exceed amount of $1,508,875.50, for the 16" Dedicated Transmission Main Engineering and Design proposal. COMMUNITY BENEFIT Completing the installation of the 16" Dedicated Transmission main will improve water service to City of Schertz customers and reduce operation and maintenance costs. SUMMARY OF RECOMMENDED ACTION Authorize execution of the professional services Task Order Agreement for 16" Dedicated Transmission Main with Kimley -Horn and Associates, Inc., for $1,371,705.00, and a not to exceed amount of $1,508,875.50. FISCAL IMPACT The cost of the project shall not exceed $1,508,875.50 and funding is available from Water Reserves. RECOMMENDATION Staff recommends Council approve Resolution 21 -R -45 and authorize award of the Task Order Agreement for the 16" Dedicated Transmission Main Engineering and Design to Kimley -Horn and Associates, Inc. for $1,371,705.00 and a not to exceed amount of $1,508,875.50. Attachments Resolution No. 21R -45 Exhibit A Kimley Horn Task Order /::. > r: i Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at whicil this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 5 5 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary 50506221.1 - 2 - Exhibit CITY MAhAGEMENT Coordination Sheet �_.._ .. FROM: Purchasing NAME INITIALS DATE Oct Mr. Brian games X Assistant City Manager Mr. Charles Kelm Assistant City Manager �`. .. Ms. Sarah Gonzalez Assistant the City Manager to Mark r e City Manager j. } On-Call Engineering Master Services Agreement with i y- • Horn. Approved on 1"-134,9124119. No re ire financials tied RETURN TO: Julie Gohike This Agreement has been. prepared foe use with EJCDC" C-700, Standard General Conditions of the Construction Contract, 2013 Edition. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDCO E-001, Commentary on the EJCDC Engineering Services Agreements, 2013 Edition. ARTICLE 1-SERVICES OF ENGINEER l 1.1 Scope .......... ....... -.. ........ .......... -......................... .......... ................ ..~ ................................................ —� ARTICLE 2-OWNER'S RESPONSIBILITIES 2 ARTICLE 3- TERM, TIMES FOR RENDERING SERVICES 2 3.1 Term ... ..... ... ........ .--.............. -..- ......... ....-..-........ ___ .................. .................... . ........ ..~...2 3.2 Times for Rendering Services ................................................. . ............ ...--.._'................................ 2 ARTICLE 4-INVOICES AND PAYMENTS 3 4.2 Invoices .................................. ........ ....................... ................................ .............. ...... ___ .................. 3 ARTICLE 5 -OPINIONS 8FCOST 4 5.1 Opinions of Probable Construction Cost ................ ................................................... .......................... --4 5.2 Designing to Construction Cost Limit .................................................... ..'.................................... ..... .-4 5i3Opinions of Total Project Costs ........................................................................ ___ ........ ................... .~.4 ARTICLE 6 -GENERAL CONSIDERATIONS 4 6.1 Standards of Performance ....... .................................. ...... ............................... .-................ .................. 4 6.2 Design Without Construction Phase Services .................... - ................. . ...... ..................... -. ... ......... 6 6.3 Use mf Documents ......................... ....... ........... ...... ........................... ....... -................. ..................... 6 6.4 Electronic Transmittals ........................ ...... ............. ....................... -- ........................... .................... 7 6.5 Insurance ............................................................... ____ ..................................................... ' ..... ~~- ...... 8 6.6 Suspension and Termination ............................................ - ........ _ ...................................... ................ 9 6.7 Controlling Law .......................................................................................... ..~ ... ____ ........................ 10 &S Successors, Assigns, and Beneficiaries . ........ ....... ......^..-......... .-. .................. ................................... 1O 6.9 Dispute Resolution .......................... ........................................................... ............................ .......... --l1 6.10 Environmental Condition mf Site-- ..... ............................................................................ ... ................ 12 6.11 Indemnification and Mutual Waiver ...................... .......... ............. ........................................ .... ...''12 6.12 Records Retention ........... -................ . .... ........ --.---......... ................................................... ..13 ARTICLE 7-DEFINITIONS 14 ARTICLE 8 -EXHIBIT$ AND SPECIAL PROVISIONS 11 8.1 Suggested Form of Task Order ................. ............................... .......... ......... ........................... ...... 17 8.2 Exhibits Included: ..... ............... ......... ..................... ............... .......... ................................... .................. 27 03 Total Agreement ................................................................................................ ...................................... 18 84 Designated Representatives -----_ _ EJCDCO F-M, Agreement Between Owner and Engineer for Professiona4 Services — Task Order edition. CopVright 0 2024 National Society of Professional Engineers, American Council of Enoneering companies, and American Society of OW Engineem All fights reserved. AGREEMENT A, Owner shall have the responsibilities set forth in this Agreement; in Exhibit B, "Owner's Responsibilities"; and in each Task Order. 8. Owner shall pay Engineer as set forth in each Task Order, pursuant to the applicable terms of Article 4 and Exhibit C. 0. Owner shall give prompt written notice to Engineer whenever Owner •• 5erves • otherwise becomes aware of: (1) any development that affects the scope or time of performance of Engineers services; (2) the presence at the Site of any Constituent of Concern; or (3) any relevant, material defect or nonconformance in Engineer's services, the Work, the performance of any Constructor, or in Owner's performance of 'Its responsibilities under this Agreement. big A. This Agreement shall be effective and applicable to Task Orders issued hereunder for 13] years from the EffectW Date • the Agreement- B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of EnSineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Specific Project, or Engineer's services, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. EX:DCO E-SOS, Agreement Between Owner and Engineer for Professional 5crAces —Tash Order Edition. Copyright V 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of CMI Encineem All rights reserved. Page 2 1 D. Owner shall make decisions and carry outits other responsibilities In a timely manner so as not to delay the Engineers performance of its services. E. if Engineer falls, through its own fault, to complete the performance required in a Task Order within the time set forth, as duty adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. N *1-11 04 17.1ri -LTJ 10111L B. Failure to 'a Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineers invoice, then: L amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law,rf less) from said thirtieth day; and Engineer may, after giving seven days written notice to Owner, suspend services under any Tall Order Issued until Owner has paid In full all amounts due for services, expenses, and other rela"I charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shaN promptly advise Engineer In writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph EJCDCO E-505, Agreement Between Owner and Engineer for Professional Smices—Task order Edition. Copyright ig) 2014 National Sodety ot Professional Engtneers, American Coundl of Engineering Compairdes. and Americart Society of GAI Engineers. All rights reserved. Page 3 FIRM - - - - ------- EJCDCOE-505, Agreement and Engineer forProfesMonalServices Order ;Y r ...PoWight 0 2014 National Sodety.of Professional Engineers, Arnerican.Council.of Engineering Companies, and American Sodety of CMI Engineers. All rights resiLrved. Technical Accuracy. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services, Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Consultants,, Engineer may retain such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Othem- Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of teck-rical staidards. MMMKHT.-M= 2. Engineer shall comply with the policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writin& subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. Each Task Order is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date of the Task Order. The following may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation: IIIIN 111,11FIRI ITIM150113011,111 . .10 M. b. the receipt by Engineer after the Effective Date of the Task Order of Owner-provided written policies and procedures; HIIIIIIIIIN F. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having to certify, guarantee, or warrant the existence of conditions whose existence Engineer cannot ascertain within its services for that Specific Project. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to the Engineer in any way contingent upon Engineer signing any such document. & The general conditions for any construction contract documents prepared hereunder are to be EJCDCO C- 700 "Standard General Conditions of the Construction Contract" (2013 Edition), prepared by the Engineers Joint Contract Documents Committee and as modified b th Cit of Sche�rtz, unless expressly indicated otherwise.in Exhibit J or in the specific Task Order. H, Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws EICDC" E-505, Agreement Between owner and Enginaer for Professional Services — Task Order Edition. CoWight 0 2024 Natiomal Soclety of Proftssional Engineers, Arnerkan Cowch • Engineering Companies, and American Society of 001 Entineers. All rights reserved. Page s IgX*j fit 0 a 1 A L Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work in accordance with the Construction Contract Documents. J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any applicaWn, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or its Consultants. K. Engineer is not required to provide and does not have any respon5lbilitV for surety bonding or insurance- related advice, recommendations, counseling, or research, or for enforcement ■ construction insurance or surety bonding requirements. M_ Engineers services do. not include �1) serving as a "municipal advisor' for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipa advisor registration rules issued by the Securities and Exchange Commission, or (2) ar Owner, or any municipal entlity or other per-son or entity, regarding municipal financial products or the issuance of municipal securities, including advice wRh respect to the structure, timing, terms, or other similar matters. conceming such products or issuances. N �' �_= EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services— Task Order EclitlorL Copyright 9) 2014 NationW Sodety of Professional E"ineers, American Council of Engineering Companies, and American society of CNII Engineers, All rights reservecl. Page 6 recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. .V,C, GweeicapA Engineer shalleachl. ddeliverto the et*ier-Owner certificates of insurance evidencing the coverages indi,cated in Exhibit G. Such certif"tes shall be furnished promptly after the Effective Date of the Agreement and at renewals thereafter during the life of this Agreement. I.L.All policies of property insurance relating to a Specific Project, Including but not limited to any builder's risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any Insured thereunder or against Engineer or its Consultants. Owner and Engineer waive all rights against each other, Contractor, the Consultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any ■ them, for all losses and damages caused by, arising out of, or resulting from any of the Perils or causes of loss covered by any builder's risk policy and any other property insurance relating to the Specific Project. Owner and Engineer shall take appropriate measures in other Specific Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. EJCW E-505, Agreement Between Owner and Engineer f or Profesisional $"cas — Task Order Edon. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 8 Tt ry n MM MMILTR= I. By Owner: Owner may suspend a Task Order for up to 90 days upon seven days written notice to Engineer. 11tr4#1 f4"'IZIRIGPI W90111,1410141IM0 WKNIM i am - 'MIr*eqMQM 3. A suspension ► a specific Task Order, whether ► Owner or Engineer, shall not affect the duty ► the two partiesto proceed with their obligations underotherTask Orders. Termination for Cause—Task Order. The obligation to provide further services under a specific Task Order may be terminated for cause: By either party upon 30 days written notice in the event ► substantial failure by the other party fo- perform in accordance with the terms of the specific Task Order or this Agreement, whose te govern the specific Task Order, through no fault of the terminating party. I MEMEM20= 3. upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or b. upon seven days written notice if the Engineer's services under a Task Order are delayed or suspended for more then 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents • Concern, as set forth in Paragraph 6.10.A,5. 'Tel M 17 MA M r. "M EJCDL" E-505, Agreement Between Owner and Engineer for PrafeWonal Services — Task Order Edition, CWyrIght 0 2014 National Society of Proftsslooal EngineeM Arnefterk Council of Engineering Companies. and Arn"con5odety of(W] Engineers. Mirigiftre5erved. Page 9 1 Y Termination for Convenience by Owner: Owner may terminate a Task Order or this Agreement for Owner's convenience, effective upon Engineers receipt of notice from Owner. E. Effective Date of Termination: The terminating party under Paragraphs 6,06.13, C, and D may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Task Order materials in orderly files. A. This Agreement is to be governed by the Laws and Regulations of the state—State of Texas in whilph the A, Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 6. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specilically stated to the contrary in any -written consent to an assignment, ni, assignment will release or discharge the assignor from any duty or responsibility under this Agreement. EJCDCO E-505, Agreement Between Owner and Engineer for PrGfessionafServices— Task Order Edition. CopyrightV 2014 National Society of Prolessionaf Engineem American Council of Engineering Companies, and American Society of CMI Engineers. All rights reserved, Page 3LO I 1. Aothing in this Agreement shall be construed to create, impose, or give rise to any duty owed Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole exclusive benefit of Owner and Engineer and not for the benefit of any other party. # . . I a 1 6 Jn#1qFaT.rrTr"4 9-0000�1 �� A, Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 dar from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights at law. A. With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order), f- Owner represents to Engineer that as of the Effective Date of the Task Order, to the best of Owne knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at adjacent to the Site. i 2. If Engineer encounters or leams- of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (a) Owner and (b) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 3. it is acknowledged by both parties that Engineer's scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action, If the presence at the Site of undisclosed Constituents ► Concern adversely affects the performance of Engineer's services under the specific Task Order, then the Engineer shall have the option of (a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (b) terminatingthe specc TaskOrderfor cause on seven days notice. MDU E-505, Agreement Between Owner and Engineer for Professional Servioes — Task order Ecrition. Copyright 0 2014 National Society of PrGlessional Fnglsieers, American Councid of Engineering companies, and American k4ety of CJvi I Engineers. All rights reserved, page I I WMEMEAM=1 A. Wherever used in this Agreement (including the Exhibits hereto and any Task Order) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits or Task Order, or in the following definitions: L Addenda—Written or graphic instruments issued prior to the opening • bids which clarify, corre or change the bidding requirements or the proposed Construction Contract Documents. i 2. Additional Services—Services to be performed for or furnished to Owner • Engineer in accordance with a Task Order, but which are not included in Basic Services for that Task Order. 3. Agreement—This written contract for professional services between Owner and Engineer, including all eVzib:r.� ide-itified 4 A,— 9. 4. Application for P• yment—The form acceptabte to Engineer which is to be used • a Contractor in requesting progress or final payments and which is to be accompanied • such supporting documentation as is required by the Construction Contract. 5. Basic Services The services to be performed for or furnished to Owner by Engineer in accordance with a specific Task Order, as specified in the Task Order (but not inciuding Additional Services performed or furnished pursuant to an amendment to the specific Task Order). 6. Change Order—A document which is signed by a Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Constrtiction Contract Price or the Construction Contract Inmes, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 9. Construction Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. EJCDCO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition- Copyright 0 2014 National SocletV of Professional Engineers, Amerlican Council of Engineering Companies, and American SocleW of CMI Engineers. All ri&s reserved, Pop 14 1 O Construction Controct Documents—Those Items designated as "Contract Documents" in t Construction Contract, and which together comprise the Construction Contract. i 12. Construction Contract Times—The numbers of days or the dates by which a Contractor shall: (a) achieve milestones, K any, in the Construction Contract; (b) achieve Substantial Completion, and (c) corn plete the Work 14. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Specific Project, 'including but not limited to Contractors, Subcontractors, Suppliers, Owner's work forces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and their employees, agents, and representatives. 15. Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to a Specific Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. 17, Documents—Data, reports, Drawings, Specifications, Record Drawings, building Information models, civil integrated management models, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. M Effective Date of the Task Order—The date Indicated in the Task Order on which it becomes effective, but If no such date is indicated, it means the date on which the Task Order is signed and delivered by the last of the two parties to sign and deliver. EJCDV E-505, Agreement Between Owner and Engineer for P"deWional Services — Task Order Edition. Copyright 0 2014 National Society crF Professionat Engineers, American Council of Engineering Companies, and American Society of CAvil Engineers. All rights reserved. Page Is t 3. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction, F S. Record Drawings--Drawings depicting the completed Specific Project, or a specific portion of the completed Specific Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractorto show changes made during construction- k`6 Resident Project Rea tive—The authorized representative, if any, of Engineer assigned to assist Engineer at the Site of a Specific Project during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of the RPR. The duties and responsibilities of the RPR will be as set forth in each Task Order. FT Sorriples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will bejudged. P8, Shop Drowings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for a Contractor and submitted by a Contractor to Engineer to 'illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. t, 9. Site---Lands or areas indicated In the Construction Contract Documents for a Specific Project as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for use of a Contractor. &.0, Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. EJCDC0 E-505, Agreement Between Owner and Engineer for Professkma[Servioes—Task Order Edition. Copyright ID 2014 "lorial Society of Professional Engineers, American CouncM of Erkoneeft CompaWies, and Arneftan society of CM Engineers. All rights reserved. Page 16 1 q:111!11111111;!C,1 111111,111 I'll l�� 11111111`igl:71iLiiirq;7�� !:�c r, a Uri-72 ZVk-5-,7 Pvi MEN UMPTOMM, M 11011,171:111911 i - .. . I �,! I I I, ► 11:1MI, C; C i A ■ I part thereof) can be utilized for the purposes for which it is intended. The terms "Substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 34. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with a Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 35. Task Order-A document executed by Owner and Engineer, Including amendments if any, stating the scope of services, Engineer's compensation, times for performance of services and other relevant informaWn for a Specific Project. 38. Work Change Directive—A written directive to a Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended • Engineer, ordering an addon, deletion, or revision in the Work. rs i I I I ;I ■ I - IT 111M. .. a A. The Suggested Form of Task Order is attached as Attachment 1, and shall be used as the basis for preparing .3 specific Task Order for each Specific Project under this Agreement. A. Exhibit A, Engineer's Services for Task Order. Services, tasks, and terms in Exhibit A as included with this Agreement are for reference In preparing the scope of services for specific Task Orders, and are contractually binding only to the extent expressly incorporated in a specific Task Order EJCDC* E-505, Agreement Between Owner and Engineer fcw ProfessionW Services — Task Order Editian. Capyeight 0 2014 National Society of Prafemlonal Engineers, American Council of Engineering Companies, and American Society of CW Engineers. All rights reserved. Page 17 H.Exhibit H, Dispute =. w applieable to all Task i Mers. 1H. ExfiibrtJ, Special Provisions. This Exhibit is applicable to all Task Ordem - - a EICDCO E-505, Agreement Between owner and Engineer for RofessionalSendws—Task OrderEcIftion. op @2014NaVonW Sodetyof + of r a. PaVIS "fraudulent practice" meam an intentional misrepresentation of facts made Ja) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition, 0coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of. the Agreement. EJCDV E-505, Agreement Between Owner and Engineer for Professional Services —Task Order EdWon. Copyright V 2014 National Sodety of Professional Engineers, American Council of Engineering Companies, and American society of CM1 Engineers, All right% reserved. Page 19 IN IT , the parties f V e executed this Agreement, the Effective of which is indicated on Page 3.__ OWNER: ENGINEER- ` Jeffrey A. Famswort - Asst Secretary By.< ,, By " Print Name; Dr, ark Browne Print acne: Title: City Manager Title: ' Date Signed, Date Si r ed: ` Engineer License or Firm's Certificate No. (if required): State of : Texas - 801 ., Hate Signed: i ' �Signed. 9OIjfll99 Date r, Address for Owner's receipt of notices: Address for Engineer's receipt of notices: 1400 Schertx Parkway 609 NW troop 414, Suite 4 Schertz, Texas 78154 San Antonio, Texas DESIGNATED REPRESENTATIVE DESIGNATED REPRESENTATIVE (Paragraph 8A4)- (Paragraph 8.114): Kathryn Woodlee Stephen Aiol Title: City Engineer Title: Project Manager Phone umber: 210-619-1823 Phone Number. 290- 321 -3404 E-M all Address: oodlee sc a ,com E- Mail Address: stephen.aniol@kimley-hom.com .......:. FJCW E-50, Agreement Between Owner and Engin rfor Professional Services — Task Order Editi*n. Capyfight V 2014 National S of ProfessiGnal EngWieers, American Council of Engin"ring Corn panies, amd American Society U ErWineers. All rights resew Page 2 SUGGESTED FORM OF TASK ORDER 3MUN'1 HWIMM, MZJ IT-M-W- �&- =11*1921= M �Vnjrlro% MAIM07=6 FOEMEE3UMOM am M-3326 =3 [1. If RPR services are not.in the scope of this Task Order, do not include any (or state "Does not apply" or similar), or in any other scope of services text or doom-em. rNIIIIIIIIIIIIII [if the design under this Task Order will be governed by a Construction Cost limit, then include ,Y clause, with blanks filled in, and thereby incorporate EKhibit F; if no4 then delete the clause or indicate "Does not apply, or similarl] Under this Task Order Engineer will design to a Construction Cost Limit, subject to the terms of Paragraph 5.02 of the Agreement and of Exhibit F to the Agreement. Exhibit F is expressly incorporated by reference. The Construction Cost Limitis $ . The bidding or negotiating contingency to be added to the Construction Cost Limit is_percent. 1. 101HTMIIRTNSM- Task Order Form EJCDCO E-SM, Agreement Between Owner and Engineer for Professional Servkes — Task Order EdIrtion. Copyright 0 2014 Nationa$ Sodety of Professional Engineers, American Council of Engineering Companies, and American Society of Qvil Engineers. All rights reserved. Page 2 E. All of the services included above comprise Basic Services for purposes of Eri ine&s compensation Task Order Form E! E-505, Agreement Between Owner and Engineer for Profeislonalservim —Task Order E i n, Copyright 0 2414 National Professional Engineem American Council oF Engineering Compani , and American Sodetyof Civic Engineers. All rights resew P 3 opinion of probable Construction Cost, r other deliverables to Owner. Owner ■ �■ ■ t. a r r r. r t ':' • a ■ a• Furnish -copies of a Within days of r of i Preliminary Design Phase documents, comments a Preliminary De opinion of probable Construction Cost, and Phase documents, opinion of probable other Preliminary Design Phase Construction Cost, other deliverables . Owner. Design Phase dellverables. Furnish I I copies of the final Drawings and Within days of Owneesauthorization to.. Specifications, assembled drafts of o proceed with Final Design Phase serviem Construction Contract Documents, draft bidding-related dry r" requests for proposals or other construction procurement - documents), Final Design Phase deliverables, to Owner. Submit comments and instructions Within days of the receipt of the.final regarding the final Drawings and Drawings and Specifications, assembled drafts Specifications, assembled drafts of other of other Construction Contract Documents, Construction Contract Documents, the draft the draft bidding-related documents (or bidding-related dcmuments (or requests for requests for proposals or other construction proposals or other r nstruction procurement •• and any other procurement r yr; and any other Design deliverables from Final Design Phase deliverables, Furnish copies of the revised final Within ■ ;iihe receipt r'i Drawings and Specifications, assembled comments and instructions regarding the final Constrwian Contract Doruments� bidding- Dramfings and Specifications, assembled drafts. related. documents (or requests for of other Construction Contract Documents�, proposals.or other construction the draft.biddin S-related documents (or procurement doc umen ts), and any other requesb for proposals or other construction Final Design Phase deliverables, to Owner. procurement documents), and any other Final Design Description of Service Amount ..... r a ■' Basic Services (Part of s A) a. Study ■ .• Phase i j ■ Preliminary ■ Design Phase A1.03) c. Bidding or Negotiating Phase (Al-04) d. Construction Phase (Al.05)* e. Resident Project Representative Services 1 �I III I� Illy f. Post-Construction i,• g. Commissioning Phase y other - i Y ■ above) TOTAL COMPENSATION (lines I.a-h) [Mona rvrce5 Part Z—oY Ex i it ] [Many of the fine items under Une 1, Basic Services, ill frequently be governed by a single . Basis of Compensation; r, it is not unusual to have some variddon among the services so the. table allows rhe user to lis h different bases of compensation for te various Basic Compensation as 0.0- *Based on a. continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (If any), and Consultants' charges, i any. For lump sum items, Engineer may alter the distribution of compensation between individual phases {line rte .$) to be consistent 'tit. services actually rendered,.. but. shall not exceed the total lump .sum compensation amount unless approved in writing by the owner. B. The ter. s. of payment . are set forth In .Article 4 of the Agreement and in the. applicable governing provisions of Exhibit . Consultants retained as of the Eftctive Date of the S Order: 8. Othe.r.Modifications to Agreement and Exhibits: [Supp leme rrt o r modify A greem en gun d Exh ibits, if appmpria te. ....... . 9. Attachments: Task Order F J CDLO E-505, Agreement Owner and Engineer for vfe ip al Services —Task.0rder Edition. Copyright @D 20144 Nafional SocieLy of Professional Enginem, . American Council of Engineering Companies, and American Sodery of CMI Engineers. All rights reservecL Page am, V fim Title: Title: <<+ << o=— I I to 0 at , # , - # This is EXHIBIT A, consisting of ]:Pages, referred to in and part of the Task Order dated PART 1 SERVICES 7WIM =- I i. Visit the Site, or potential Specific Project sites, to review existing conditions and facilities, unless such visits are not necessary or .ii ticable to meeting the objectives of the Study and Report Phase. 5. Advise Owner • any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project-reiated data and information, for Engineer's use in the study and evaluation of potential sr n(s) to Ownees Specific Project requirements, and preparation of a related report. 6. After consultation with Owner, recommend to Owner the solution(s) which in Engineer's judgment meet Owners requirements for the Specific Project. 7. Identify, consult with, and analyze requirements of governmental authodties having jurisdiction to approve the portions of the Specific Project to be designed or specified by Engineer, including but not limited to mitigating measures idened in an environmental assessment for the Specific Project. El. If requested to do so by Owner, assist Owner in identifying opportunities for enhancing the sustainabilfty of the Specific Project and pursuant to Owner's instructiom plan for the inclusion of sustainable features in the design. (2. Use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data' as a means to advise the Owner ♦ a recommended scope of work and procedure for the icentification and mapping of existing utilities. Exhibit A — Engineer's Service5 EJCDCO E-505, Agreement Between Owner and Erloneer for Profe4Aonal Services — Task Order EdWm, copyright C 2M4 National Society of Prok-ssional Engineers, American Council of Engineering Companies, and American society of CMI Engineers. All rigins reserved, Page 2 13. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. 14. Pursuant to the Task Order schedule, furnish the required number of review copies • the Report and any other Study and Report Phase delirverables to Owner, and review 'it with Owner. Owner shall submit to Engineer any comments regarding the furnished items within the time established in the Task Order schedule. a - . I I B, Engineers services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Report and any other Study and Report Phase deliverables. I. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. .all 01 avu I nI.Igmt.1 #1#2 tj t.4111 It Exhibit A — Engineer's Services EJCDCO E-50, Agreement Between Owner and Eroneer for Professional Services — Task Order Edition. CoWight 0 2M4 National Society of Proiessional Engineers, American Couneil of Engineering CDmpanies, and American SodetV of Civil Engineers. All rights reserved. Page 3 Pursuant to the Task Order schedule, furnish the required number of review copies of th4e Preliminary Design Phase documents, opinion • probable Construction Cost, and any other Preliminary Design Phase deliverables. to Owner, and review them with Owner. Within the time established in the Task Order schedule, Owner shall submit to Engineer any comments regarding the furnished items. 10. Pursuant to the Task Order schedule, revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. in response to Owner's comments, as appropriate, and furnish to Owner the required number of copies of the reVised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. T. mr. Engineer's services under the Preliminary Design Phase will be considered complete on the date wheir Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. EAM A— Engineer's services FJCDC* E-505. Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American SocletV of Civil Engineers. Ail rights reserved. Page 4 _j 6. Assist Owner in assembling known reparts and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific iftstructions and contract forms, text, or content received from Owner. S. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement-related instructions and forms, text, or content received from Owner. T. Al. Engineees services under the Final Design Phase will be considered complete on the date when Engineer has deWered to owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or speced by Engineer upon which the Engineer's compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable 'increase in its compensation underthis Task Order, A. As Basic Services, Engineer shall: Exhibit A — En&eer4s Seryices MW E-SCIS, Agreemern Between Owner and Engineer for Professional Services — Task Order EdWon. CDpyright to 2014 National Society of Professional Engineers, American Coundl of Engineering CDmpariles, and American Society of CM I Engineers. All rights reserved. Page 5 E-505, Agreement Between sr order r .n Copyright 0 2014 National Sodety and American Society of CMI Engineers. All 4hts reserved. Page 6 services contrary to Engineer's responsibilities as a licensed professional. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on Construction Contract except as otherwise provided in writing. F�. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in ft�ibit D. 3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the testing services idented in Exhibit 13, Paragraph 132.01.A. 4. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site. 7. Schedules: Receive, review, and determine the acceptability ■ any and all schedules that Contractor is required to submft to Engineer, inducling the Progress Schedule, Schedule of Submittals, and Schedule of Values. S. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 9. Visits to Site and Observation of Construction: In connection with observations of Contractor's it while It is in progress: Exhl bit A— Engineer's Services EICOL-0 E-505, Agreement Between Owner and Engineer fw Professlional Services — Task Order Edition. Copyright 0 2014 NoOonal So�dM of Professional Engineers, Amertcan 0uncli of Engineering Companies, and American Sodety of Ovil EngineWs� All f ights reserved. Page 7 sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner Informed of the progress of the Work. 10. Defective Work., Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 11. Compatibility with Design Concept. If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 13. Pield Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. Ex%lbit A — Engineer's Services MDO E-505, Agreement Between Owner and EngirMCF for Profe5sionat Services — Task Order Edition. Copyright Q 2014 National Society of Professional Engineers, Anierican Coumicil of Engineering Comparites, and Arnerican Society of avil Engineers. AM Ylghts reserved. Page a 14. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 15. Differing Site Conditions. Respond to any notice from Contractor • differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusion.s, and recommendations for Owner's use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 18. Substitutes and 'br-equar; Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions • Paragraph A2.01.B.2 of this Exhibit A. b. As deemed reasonably necessary, request that Contractor uncover Work that is to inspected, tested, or approved. i c. Pursuant to the terms of the Construction Contract, require additional inspections or testing • the Work, whether • not the Work is fabricated, installed, or completed. 0 1 * at I 1 4 Exhibit A — Engineer's Services EJCDV E-505, Agreement Between Owner and Engineer for Professional Services— Task Order EMon. Copyright V 2014 National Society of Professional Engineers, American Council of Engineering Companies, arW American Sodety of Civil EnSineem All ri%hts reserve(l. Page 9 21. Applications for Payment., Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: 22. Conmictor's Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidenceof insurance required by the Construction Contract Documents, certificates of inspection, EANt A — Engineer's ServkQ& EJCDCO E-505, Agreement Between Owner and Er4oneer for Professional Services — Task Order Edition. CopyrIgM Q 2014 National Society of Professional Eni;ineers, American Council of Eroneering Companies, and American Society of Ovil Engineers. All rights reserved. Page 10 tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph AI.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction C-ontract Documents to obtain final payment. The extent ■ Engineer's review of recoe4 focuments shall ► to check that Contractor has submitted all pages. A. Upon written authorization from Owner duflng the Post-Construction Phase, as Basic Services, Engineer shall: . I . EM Mroft-I Exhibit A - Engineers Services EJCDC4& E-505, Agreement Between Owner and Engineer for Nafessional services- Task Order Edition. CoNdght 0 2014 National Society of Professional Engineers, American Council of E4neering Compardes, and American $WetV of Civil Engineers. All rights reserved, Page 11 Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. M L Marl M. A1.08 Other Services: Each specific Task Order may include Basic Services that do not fit into the categories above, Such services should be expressly stated in the specific Task Order itself. 1111111111 A. Advance Written Authorization Required. During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services • the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. Exhibit A — Enoneer's Services VaDVI E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright • 2024 III10ional society of Professional Engineers, American Council of Engineering Cmpanles, and American Society of CM Engineers. All fthts reserved. Page 12 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigatiE ns of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. Exhibit A —Engineer's Services FJCDCO E-M Agmernent Between Owner and Frigineer for Professional Services — Task Order Edition. Copyri&d C 2014 National society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 13 Exhibit FJCDCO E-505, Agreement Between r di Copyright (P 2014 National Society Professional and Armeeican o- Page 14 EJCDCO E-505, Acireement Between Owner and Engineer for Professional Services — Task Order lEdItion. CouncH of Engineering COMpanleS, and American Society of Ovil Engineers. All rights reserved. Page 15 1 Exhibit A — Engineer's Services EJCDO E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. CGWght V 2014 National Society of Professional Engineers� American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 Environmental assessments, audits, investigations, and impact statements, and other relevant znvironmental, historical, or cultural studies relevant to the Specific Project, the Site, and djacent areas, f. !! I I I I i I i 1 :1 1; i I ! I I I i I i I I I # 1 11 1 11! 1 1 111 1 111 -1 110TU t. S. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. 6. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: a. Accounting, bond and financial advisory (including, if applicable, "municipal advisor" services described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection (20 10) and the municipal advisor registration rules issued by the Securities and Exchan Commission), independent cost estimating, and insurance counseling services. i b. Legal services with regard to issues pertaining to the Project as Owner requires, Contract raises, • Engineer reasonably requests. s. c. Such auditing services as Owner requires to ascertain how or for what purpose Contractor h used the money paid. i 8. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may ► necessary for completion ■ each phase of the Project, EXhlbftB-0WneF'sResponsiblI • E-SQ5, Agreenwnt Between Owner and Engineer for Professional Sen4ces —Task Order Edition, Copyright 0 2014 National Society of PFofemlonal Engineers, American Coundl of Engineering Companies, and American Society of Civil Engineem All rights reserved. Page 2 9. 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 constructibility review. i.o. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer ♦ represent Owner at the Site, define and set forth as an attachment to this Exhibit 8 the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. 12. Inform Engineer in writing of any spectFic requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. 13. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely d%Wons pertaining thereto. Exhibit D- Owner'sResponsibilities EJCDCO E-SM, Agreement Bebveen Owner and ftineet for Professional services - Task Order Eckfion. Copyright 0 2014 National Society of Professional Engineers, American Coundi of Engineering Companies, and American Society of Ovil Engineers. All 60ts merved. Page 3 Exhilait 8— Owner's Responsibilities ,5 EJCDVI E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. I Copyrigtit 0 2014 National Sadety of Professional Engineers, American Council of Engineering Companies, and Amerim W" of CIWI Englineer& AD rights reserved. Page 4 T. MS-1—SEMWIT C, consisting-o-t tj pages, reterred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edon dated.fMA Payments to Engineer for Services and Reimbursable Expenses M!111111111111111111111 T "ITIM-67. V r, 91 "1 I 101111I=1= � A The bases of compensation (compensation methods) for Basic Services (including if applicable the bases of compensation for individual phases of Basic Services) and for Additional Services shall be identified in each specific Task Order (see Suggested Form of Task Order, Paragraph 6). Owner shall pay Engineer for services in accordance with the applicable basis of compensation. B. The three following bases of compensation are used for services under the Task Orders, as identified in each specific Task Order: � i! � i I � � i i � � � � �!! I � 1111 � 11 � 11 � � 1!!! 11 � I I � � I � � 1111!! 1 � 1111 � 11 � � '!! I I 1! 11 � � � I! I � � � 11 � 11 � � I � 11111!! 1 � 1! 1 � 1! 11111 � 11 � � 11! 11 �: 1: � 11 � � � ! ITI'll; It 4 1 111 1 1 3=113 == =M7 SCITMEM Mil TM M" UIEWMITIMW Exhibit C — Payments to Engineer for SerVices and Reirnbursabie Expenses IFJCDCO E-WS, Agreement Between Owner and Engineer for Professional Services —Task Order E Copyright 0 2014 Natimal Society of Professional Froneers, Amwiw Council of Engineering Compan- and Arnerkan Society of Civil Engineers. All rights reserved. Page I 0111111111�1 14TIMIMMM. 1. For the specified category of services, the Owner shall pay Engineer an amount equal to the cumulative hours charged to the Specific Project by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class. Under this method, Engineer shall also be entitled to reimbursement from Owner for the expenses identified in Paragraph C2.03 below, and Appendix 1. 2. Standard Hourly Rates include salaries and wages paid to personnel in each hilling class plus the cost of customary and statutoTy benefits, general and administrative overhead, non-project operating costs, and operating margin or profirt. 3. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit as Appendices 1 and 2. 4. The total estimated compensation for the specified category of services shall be stated 'in the Task Order. This total estimated compensation will incorporate all labor at Standard Hourly Rates, and reimbursable expenses Jincluding Consulta nts' charges, If any). 5. The amounts billed will be based on the cumulative hours charged to the specified category of services on the Specific Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus reimbursable expenses (including Consultant's charges, if any). 6. The Standard Hourly Rates and Reimbursable Expenses Schedule shall be adjusted annually (as of 1 1) to reflect equitable changes in the compensation payable to Engineer. 1. For the specified category of services, the Owner shall pay Engineer an amount equal to Engineer's Direct Labor Costs times a factor of fillor the services of Engineer's employees engaged on the Specific Project- Direct Labor Costs means salaries and wages paid to employees but does not Include payroll-related costs or benefits. Under this method, Engineer shall also be entitled to reimbursement from Ownerforthe expenses identified in Paragraph C2.03 Mow, and Appendix 1. 3. The total estimated compensation for the specified category of services shall be stated in the Task Order. This total estimated compensation incorporates all labor, overhead, profilt, and reimbursable expenses (including Consultant's charges, if any). 4. The amounts billed will be based on the applicable Direct Labor Costs for the cumulative hours charged to the specified category of services on the Specific Project during the billing period times the above-designated Factor, plus reimbursable expenses (including Consultant's charges, if any). 5. The Direct Labor Costs and the factor applied to Direct Labor Costs will be adjusted annually (as of to reflect equitable changes in the compensation payable to Engineer. Exhibit C— Payments to Engineer for Sovices and Reimbursable Expenses EX0C0 E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. topyright C) 2014 National Society of Professional Engineers, American Councif of Engineering Companies, and American Society of CMI Engineers. All ri&ts reserved. Page 2 MZCMEGZIM ! I� A. For services performed ■ Engineers employees as witnesses giving testimony in any litigation, arbitration or other legal or administrative proceeding under Paragraph A2.01.A.20, at a rate ofj] times the witness's standard hourly rate. Compensation for Consultants for such services will be by reimbursement of Consultants' reasonable charges to Engineer for such services. A. Extended Contract Times: Should the Contract Times to complete the Work be extended beyond tim period stated in the Task Order, payment for Engineer's services shall be continued based on tl� Standard Hourly Rates Method of Payment. I Exhibit C — Payments to Engineer for Services and Reimbursable Expenses EICDCO E-505, Agreement Between Owner and Engineer for ProfeWonal Services —Task Order EdWon. Copyright 0 2014 National Sodety of Professional EneneeM American Oxmcg of Engineering Companies, and American Society • Ovil Engineers. All fthts reseyved. Page 3 L Engineer's estimate of the amounts that will become payable for services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer tinder the Agreement. ... . ........ ........ Exhibit C — Payments to Engineer for Services and Reimbursable EWenses EJCDC* E-WS, "ment Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 Z014 National Society of Professional Engineers, American Council of Wneering Companim, and Amerkan Sodety of CIVII Engineers. All rights reserved. Page 4 This is Appendix 1 to EXHIBIT C, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition, dated f 01. Reirribufsable Expenses Schedule Expenses eligible for reimbursement are subject to review and adjustment per Exhibit C. Rates and charges for bursable expenses as of the date of the Agreement are: 8"x11" Copies/impressions --Jpage Copies of Drawings ---Jsq. ft. Mileage (auto) ----/m'ile Air Transportation at cost CAD Charge Jhour Laboratory Testing at cost Heafth and Safety Level D Jday Health and Safety Level C ---/day Meals and Lodging at cost [Note to User. Customize this Schedule to reflect anticipated reimbursable expenses on this Specific Project] Exhibit C - Appendix 1 — Reimbursable Expenses Schedule EJCW E-505, Agreement Between = C Z Owner and Engineer for Professional Services — TaA O�rder EdW. CopyrIght 2014 National Society of Professional Englineers, Arnerican Councit of Enoneering companies, and American Society of Civil Engineers. Ail rights reserved. Page 1 _......... w. � ............._ ..._. Billing Class VI f hour 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to ••• 's own personal safety while at the Site. a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's. authorized representative ■ designee, assist in providing information regarding the provisions and intent of the Construction Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Slite operations, c. Assist in obtaining from Owner additional details • information, when required for proper e.yecutioTt of t1ke %Vork. b, Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement • any portion of the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor, or has not been approved by Contractor or Engineer. 9. Proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit Engineer's response (if any) to such suggestions to Contractor. a. Report to Engineer whenever RPR believes that any part ■ the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should he corrected, removed and replaced, or accepted as provided in the Construction Contract Documents. b. Inform Engineer of any Work that RPR believes is not defective under the terms and standa"i set forth in the Construction Contract Documents, but is nonetheless not Exhibit ► Duties, ResponsibMities, and Limitations of Authority of Resident ProjertRepresentaWe FJCDC4 E-SO5, Agreement Between Owner and Engineer for Professional Services — Task Order Edftlon. Cowright 0 2014 National SWety of ProfesMona$ Engineers, American Council of Engineering Companies, and Arneritan Society of CMI EnIfineers. All rights reserved, Page 2 c. Advise Engineer ► that part ► the Work that R►R believes should be uncovered for observation, or requires special testing, inspection, or approval. 711MI"1114TINIff", b Verify that tests, equipment, and systems start-ups and operating and mairrtenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate d6tails relative to the test procedures and systems start-ups. F. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public or other agencies having jurisdiction overthe Work. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to Engineer. c. Upon request from Owner to Engineer, photograph or video work in progress or Site conditions. d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers of materials and equipment. MIMMEMMMMMMMM =*1=3 Mint Exhibit D — Duties, Respom1bititles, and Limitations of AuthoritV of R"dent Project Represent3tive EJCDCII E-505, Agreement Between Ow"r and Engineer for Professional Services —Task Order Edition. Copyright 0 ZM4 National Society of Prufessional Engineers, American Council of Engineering companies, and American Society of GWI Engineem All fthts reserved. Page 3 f. Upon completion of the Work, furnish original set of all RP R Project documentation to Engineer. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Ordem Obtain backup material from Contractor. 0 # a 91. Immediately inform Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage to property by fire or other causes, or the discovery of any potential dWering site condition or Constituent of Concern. 13. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. mllwgrjT#,7r.p M11 Participate in Engineer's visits to the Stte regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion, submit a punch list of observed items requiring completion or correction. b. Participate in Engineer's visit to the Site in the company r and Contractor, to determine completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. c. Observe whether all ftems on the final punch list have been completed or corrected, and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Exhibit Q. -MTRVZT.�* L Authorize any deviation from the Construction Contract Documents or substitution of materials or equipment Jincluding "or-equal" items). Exhibit D — Duties, Responsibies, and Urnitations of Authority of Resident Pro*d Representative EJCDCO E-50, Agreement Between Owner and Engineer for Professional SeivIces —Task Order Edition. Copyright@ 2014 Nationat Society of Professional Engineers, American Council of Engineerft Companies, and American Society at Civil Engineers. All rights reserved. Page 4 0AMEry =.- -0115111TIM • =,* MIME= I Undertake any • the responsibilities of Contractor, Subcontractors, or Suppliers, or any Constructor, Exhibit D — Duties, ftsponsTall Wes, and Umitations af Authority of Resident Project Representative EJCDCII E-S05, Agreement Between Owner and Engineer for Professional Services — Task Order Edirtion. CDpyright 0 ZM4 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 consisting This is EXHIBIT E, of s. referred to in and part of the Agreement between Owner and Engineer for Professional Task Order r: a dated Fr r • r r r ! r r r r r a r r r 7 G i M 15TTURT r r r r a r r r r r r provide r notice r Owner and Contractor of the acceptability of the Work, r stated limitations. form for r purpose, a Acceptability of Work" attached r r i r pages of The some form is also available as a construction form, EJCDCO C-626 (2013). ,. t r r ru r r ' r r °s r r i 1 r r r ■ '!! /?. f r r r General s r r of r r n Contract of r Ci CO E-505, Agreement Between Owner and Engineer for • r Order :r r copyright Cd 2D14 National r r o nal Enginee American r of Engineering Companies, and American Society of Civil Engineers. All rights reserved. page 1 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE. ibit E - Noticeo tabiC or EJCDCO w order .; CopVright 0. Engineering Companies, and American c, of MR Engineers. All rWft reserved. CONDITIONS OF NCYTICE OF ACCEPTABIUTY E WORK The Notice of Acceptability o €. ,ark ("Notice") is expressly made subject to the following terms and • t al i i B. if a Construction Cost limit is set forth In a "cask Order, then the "Cask Order will also specify b° ding or negotiating contingency to be added to such Construction Cost limit. W. °� ..... _ _ p,.,. ....... ib°st F W s.t 1 t LRw FJCDCO E-50, Agreement Between Owner and Engineer for Professional Services — Task Or Edits CMright Q 2M4 National Society of Professional Engineers, n Council of i eering . Hies, and Arnerican Wety of CMI Engineers. All r is reserved. Pace f AA12911,11k I No INIM NJ 611.11041:2 MOITALVIOT I UZI W City of Schertz Emailed to: Purchasing Department 1400 Schertz Parkway Faxed to- 210-619-1169 Schertz, TX 78154 This is EXHIBIT J, consls�d ng of " pages, referred to in ?nd part of the Agreement between Owner and 7� j Engineer for Professional Services dated UA. Special Provisions Exhlbit.1-Special Provisions EJCDV E-S05, Agreement Between Owner and Engineer for ProLesslonal Services -Task Order Edition. Copyright D 2014 National society off Professiomal Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page I This is EXHIBIT K, consisting of �" pages, referred to in and part of the Agreement between Owner 2nd Engineer for Nofessional Services — Task Order Edition dated ROME= = C, Engineer: [include the following paragraphs that are applicable and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the madiflcutions to be made. Use paragraph numbers in this document for case of reference herein and in future correspondence or amendments.] e. The schedule for rendering services under this Task Order is modified as followsj ] follow; EAibit K — Amendment to Task Order EJCDCO E-505, Agreernent Between Owner and Engineer for Professional Serwim — Task Order Edition. Copyright 0 2014 National Society of Proifesslonal Engineers, American Council of Engineering Companies, and American society of CIWI Engineers. All rights reserved Page I ZGMM- •= The foregoing Task Order Summary is for reference only and does not alter the terms ► the Task Order, including those set forth in Exhibit C Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is ISHIM By: ffm Date Signed: ENGINEER: By: Exhibit K — Amendment to Task Order FJCDC* E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. CoRright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and Arnerlcan Society of Civil Engineers. All dghts reserved. Page Z vel M2 section It is offic.ially found, detennin4 and declared that the meeting at wbicb Dennis, City Sceretary TASK ORDER FORM Task Order This is Task Order No. 05 , consisting of 62 pages. In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services —Task Order Edition, dated [ October 17, 2019 ]', ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: The City of Schertz C. Engineer: Kimley -Horn and Associates, Inc. d. Specific Project (title): Dedicated Transmission Main Specific Project (description): The City of Schertz plans to install a 16 -inch dedicated transmission main to connect the ground storage tank at Live Oak Road near FM 3009 (Live Oak Tank) to the elevated storage tank near Hope Lane and Tulip Street (1 -35 Tank). The purpose of this task order is to design and construct the proposed transmission main, which will follow up the recently completed route study and preliminary engineering phase. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: ❑ as follows: B. Resident Project Representative (RPR) Services: Does Not Apply C. Designing to a Construction Cost Limit: Does Not Apply D. Other Services: None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 2. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: u Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: [Reference Engineer Scope and Fee Proposal for items to be provided by owner. Additionally, City shall provide results of proposed system model analysis for the review of connection options to the 1 -35 Tank] 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: The proposed schedule for this work authorization is based on a total duration of 24 months, inclusive of design, bid and construction. This schedule is highly contingent on the receipt of items to be provided by owner, ultimate results of the environmental investigation, cooperation of property owners to access private property, and the timely completion of land acquisition services by property owners for each parcel identified. Any delays with obtaining this information will impact design milestone and the schedule will be adjusted accordingly. For the purposes of this task order schedule, a Notice to Proceed date of June 12, 2021 has been assumed. Notice to Proceed (NTP) —June 14, 2021 60% Design Services —June 15, 2021 to November 18, 2021 City 60% Design Review — November 19, 2021 to December 10, 2021 100% Design Services (Unsigned Submittal) — December 13, 2021 to February 10, 2022 City 100% Design Unsigned Review — February 11, 2022 to February 23, 2022 Procurement including Signed and Sealed Construction Drawings — February 24, 2022 to April 29, 2022 Anticipated Delivery Date of Signed and Sealed Construction Drawings is March 10, 2022 Construction — May 2, 2022 to June 15, 2023 Includes council action and Contractor NTP Party Action Schedule Engineer Furnish [ N/A ] review copies of the Report Within [ N/A ] days of the Effective Date of and other Study and Report Phase the Task Order. deliverables to Owner. Owner Submit comments regarding Report and Within [ N/A ] days of the receipt of Report other Study and Report Phase deliverables and other Study and Report Phase to Engineer. deliverables from Engineer. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Engineer Furnish [ N/A ] copies of the revised Within [ N/A ] days of the receipt of Report and other Study and Report Owner's comments regarding the Report Phase deliverables to Owner. and other Study and Report Phase deliverables. Engineer Furnish [ N/A ] review copies of the Within [ N/A ] days of Owner's authorization to Preliminary Design Phase documents, proceed with Preliminary Design Phase opinion of probable Construction Cost, and services. other Preliminary Design Phase deliverables to Owner. Owner Submit comments regarding Preliminary Within [ N/A ] days of the receipt of Design Phase documents, opinion of Preliminary Design Phase documents, opinion probable Construction Cost, and other of probable Construction Cost, and other Preliminary Design Phase deliverables to Preliminary Design Phase deliverables from Engineer. Engineer. Engineer Furnish [ pdf ] copies of the 60% Design [ Per Schedule above ] from receipt of documents, opinion of probable Owner's Notice to proceed to the 60% Construction Cost, and other Preliminary Design Phase Deliverable Date, submit 60% Design Phase deliverables to Owner. Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Engineer Furnish [ pdf ] copies of the final Drawings [ Per Schedule above ] from Owner's and Specifications, assembled drafts of delivery of design comments and other Construction Contract Documents, authorization to proceed with Final Design the draft bidding - related documents (or Phaseservices. requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. Owner Submit comments and instructions Within [ 13 ] days of the receipt of the final regarding the final Drawings and Drawings and Specifications, assembled drafts Specifications, assembled drafts of other of other Construction Contract Documents, Construction Contract Documents, the draft the draft bidding - related documents (or bidding - related documents (or requests for requests for proposals or other construction proposals or other construction procurement documents), and any other Final procurement documents), and any other Design Phase deliverables from Engineer. Final Design Phase deliverables, to Engineer. Engineer Furnish [ 5 ] copies of the revised final Within [ 15 ] days of the receipt of Owner's Drawings and Specifications, assembled comments and instructions regarding the final Construction Contract Documents, bidding- Drawings and Specifications, assembled drafts related documents (or requests for of other Construction Contract Documents, proposals or other construction the draft bidding - related documents (or procurement documents), and any other requests for proposals or other construction Final Design Phase deliverables, to Owner. procurement documents), and any other Final Design Phase deliverables Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 5. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Task Description of Service Amount Basis of Compensation BASIC SERVICES 1 Project Management $ 54,190.00 [ Lump Sum ] 2 Environmental $ 48,310.00 [ Lump Sum ] 3 Land Acquisition Coordination $ 253,000.00 [ Lump Sum ] 4 Permit Coordination $ 26,500.00 [ Lump Sum ] 5 Geotechnical Investigation and Report Preparation $ 44,655.00 [ Lump Sum ] 6 Subsurface Utility Engineering (SUE) $ 90,705.00 [ Lump Sum ] 7 Survey Services $ 180,535.00 [ Lump Sum ] 8 60% Design $ 136,720.00 [ Lump Sum ] 9 100% Design $ 71,525.00 [ Lump Sum ] 10 Procurement $ 27,485.00 [ Lump Sum ] 11 Construction Phase Services $ 84,180.00 [ Lump Sum ] 12 Record Drawing Preparation $ 7,380.00 [ Lump Sum ] 13 Reimbursable Project Expenses $ 5,600.00 [ Lump Sum ] ITotal Compensation (BASIC SERVICES) $ 1,030,785.00 [ Lump Sum ] SUPPLEMENTAL SERVICES S -1 Supplemental Design Services $ 75,760.00 [ Lump Sum ] S -2 Environmental $ 59,400.00 [ Lump Sum ] S -3 Land Acquisition Coordination $ 156,200.00 [ Lump Sum ] S -4 lGeotechnical $ 12,860.00 [ Lump Sum ] 5-5 Subsurface Utility Engineering (SUE) $ 15,810.00 [ Lump Sum ] S -6 Survey $ 20,890.00 [ Lump Sum ] ITotal Compensation (SUPPLEMENTAL SERVICES) $ 340,920.00 [ Lump Sum ] ITotal Compensation (BASIC + SUPPLEMENTAL SERVICES) 1 $ 1,371,705.00 [ Lump Sum ] *Based on a [ 24 ]; -month continuous design and construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of ExhibitC. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 6. Consultants retained as of the Effective Date of the Task Order: Kimley -Horn and Associates, Inc. 7. Other Modifications to Agreement and Exhibits: Scope associated with this task order is identified in scope and fee proposal dated May 14, 2021. No other modifications to Agreement and Exhibits are proposed at this time 8. Attachments: Engineer scope and fee proposal dated May 14, 2021 9. Other Documents Incorporated by Reference: None 10. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Orderis Print Name: Dr. Mark Browne Title: City Manager DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Kathryn Woodlee, PE Title: City Engineer Address: 11 Commercial Place, Schertz, TX 78153 E -Mail Address: kwoodlee(@schertz.com Phone: (210) 619 -1823 ENGINEER: k, Print Name: Jeffrey A. Farnsworth, PE Title: Asst. Secretary Engineer License or Firm's Certificate No. (if required): 80190 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Stephen J. Aniol, PE Title: Senior Proiect Manager Address: 601 NW Loop 410, Ste. 350 San Antonio, TX 78216 E -Mail Address: stephen.aniol @kimley - horn.com Phone: (210) 321 -3404 Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ICmiey >i >Forn May 14, 2021 Jennifer Shortess, PE Project Manager City of Schertz — Engineering 11 Commercial Place Schertz, Texas 78154 : 16-Inch Dedicated Transmission Main Project (Live Oak Tarok Site to 1-35 Tank) .Scope and Tee Proposal (Task Order — 5) Dear Ms. Shortess: Kimley -Horn and Associates (Kimley -Horn) is pleased to submit this scope and fee proposal for professional engineering services for the Dedicated Transmission Main (DTM) project. Kimley -Horn previously completed a pipeline routing study with alternative alignments and submitted the final Preliminary Engineering Report (PER) and 30% plans on March 18, 2021. This scope and fee proposal includes design, bid and construction phase services for the proposed 16 -inch transmission main, and is based on a design scoping meeting held on February 12, 2021 between Kimley -Horn and the City. PROJECT UNDERSTANDING It is our understanding that this project will entail full design, bid and construction phase services for the Dedicated Transmission Main project, with the design building upon the recently completed PER and 30% plans. The selected alignment is approximately 3.53 -miles in length and will serve specifically as a transmission main with the intent of minimum connection. The transmission main is currently proposed to connect to the existing system at two locations: 1) west of FM 3009 and approximately 1,000 -LF north of Live Oak Road, and 2) at an unknown point at the 1 -35 elevated storage tank site near Hope Lane and Tulip Street. Kimley -Horn will engage multiple sub - consultants to provide a variety of services for the design development phase, including survey, geotechnical engineering, subsurface utility engineering (SUE), environmental sampling and limited site investigations (LSI), archaeology, and land acquisition support services. The connection to the 1 -35 tank site is unknown at this time. Options currently being considered include a direct connection to the elevated storage tank or a tap into the existing main within the site. The City is coordinating with a separate consultant under contract to develop a masterplan to run hydraulic modeling scenarios of the proposed transmission main. The separate consultant will provide modeling results to the City with recommended connection options at the 1 -35 tank site and confirm the diameter of the dedicated transmission Main. K "' "I'm I * Page 2 BASIC SERVICES The tasks below outline the proposed basic scope of services to be completed by Kimley -Horn for this project, and coincide with the detailed project work plan included as an Attachment: 1. Project Management 1.1. Prepare Monthly Summary Reports /Invoicing 1.2. Sub - Contract Management 1.3. Update Project Management Plan 1.4. Schedule Development and monthly updates — Schedule will be developed in Microsoft Project format and pdf copy will accompany the monthly invoice. 1.5. Ongoing coordination and communications with Client and internal team meetings 1.5.1. Includes monthly Project Manager meetings 1.6. Dietz Creek Silt Removal Project Coordination 1.6.1. Kimley -Horn will coordinate with the City's consultant on this project and incorporate any adjustments of the creek boundary into the proposed design. Kimley -Horn recommends the City complete the Dietz Creek project first (if feasible) so it does not impede with the DTM project design schedule. 1.7. Meetings 1.7.1. Prepare for and conduct monthly progress meetings with Client (nine (9) meetings) 1.7.2. Prepare meeting notes 1.8. Deliverables 1.8.1. Project Management Plan in Adobe PDF format 1.8.2. Monthly schedule updates in Adobe PDF format 2. Environmental Desktop Review 2.1. Environmental Phase /Sub - Consultant Coordination 2.2. Waters of the US Memo Study 2.2.1. Archaeologist Desktop Review and Initial THC Submittal 2.2.2. Site Visit 2.2.3. Nationwide Permit (NWP) 58 Memo to File 2.2.3.1. At this time it is unknown if preconstruction notification to the USACE will be required. The 30% alignment developed during the preliminary engineering phase was based on available maps, aerial imagery and windshield studies. Kimley -Horn will evaluate existing conditions along the confirmed alignment, identify the ordinary high - water mark and determine if impacts exceed the threshold for NWP 58. 2.2.3.2. Based on the assumption that pre- construction notification is not required, Kimley -Horn will provide a descriptive memo discussing the use of NWP 58 (Utility Line K "' "I'm I ey'�,* H o r n Activities for Water and Other Substances) under a non - notification scenario. The memo can be used to document the non - notification permitting scenario and to provide the selected contractor with information relating to permit compliance. A description of selected General Conditions and a suggested list of Best Management Practices (BMPs) required for compliance with the Texas Commission on Environmental Quality (TCEQ) water quality certification will be included. Though no notification with the USACE is anticipated, the use of this permit constitutes compliance with appropriate Federal regulations. All terms and conditions of the permit must be met by the owner. 2.3. Phase 1 ESA 2.3.1. Records Review 2.3.2. Site Reconnaissance 2.3.3. Interviews 2.3.4. Phase I ESA Report Preparation 2.3.4.1. Kimley -Horn will prepare a report of the results of the Phase I ESA in accordance with ASTM E 1527 -13. This task assumes preparation of one (1) Phase I ESA for the project corridor 2.4. Cultural Resource Coordination 2.4.1. Cultural Resource Survey 2.4.2. THC Coordination 2.5. Environmental Monitoring and Sampling 2.5.1. Limited Site Investigation (LSI) 2.5.1.1. 2.5.1.2. Includes two soil borings with laboratory analyses, one adjacent to each Chevron pipeline crossing 2.6. Review Phase 1 ESA /LSI 2.7. Deliverables 2.7.1. Phase I ESA (Corridor) in Adobe PDF format 2.7.2. Cultural Resources Survey in Adobe PDF format 2.7.3. Limited Site Investigation in Adobe PDF format 3. Land Acquisition Coordination 3.1. Land Acquisition Phase /Sub - Consultant Coordination 3.2. Acquisition Services for a total of twenty (20) parcels for both permanent and temporary construction easement. 3.2.1. Title &Title Curative 3.2.2. Administrative Fee 3.2.3. Permanent Easement /Temporary Construction Easement Acquisition (17 parcels) 3.2.4. Temporary Construction Easement Acquisition (2 parcels) 3.2.5. In Fee Acquisition (1 parcel) 3.2.6. Closing Services 4. Permit Coordination 4.1. Perform ongoing coordination and communication with each permitting entity 4]. Meetings 4].1. Prepare for and conduct coordination meetings with each of the following entities/agencies (assume six (6) meetings total): 4.2.1.1. TxDDT 4.2.1l City nfCibn|o 4.2.1]. Guadalupe County 4.2.1.4. Texas Commission on Environmental Quality (TCEO 4.2.1.5. Other impacted entities/agencies 4l2. Prepare meeting notes 43. Permits 4.3.1. TxDOT Utility Installation Request(U|R) 4.3.2. Chevron Petroleum Pipeline 5. Pr8|irnin8ryGeOteChniC8| Investigation Perform soil bones along alignment to establish representative subsurface conditions and at major trenoh|ess crossings (major intersections, creeks, etc.). Seventeen (16) bores to an average depth of twenty (20) feet and seven (7) pavement bores to an average depth often (10) feet are assumed. Consultant will complete the following tasks: 5.1. Genteohnioe| Sub-Consultant Coordination 5.2. PrepareGentechniva| Bore Plan Exhibits 5.3. Review Draft Boring Logs 5.4. Review Draft Gentechnice| Engineering Report S.S. Perform Geotechnice| Borings 5.6. Laboratory Testing to determine physical and engineering sample characteristics. 5.7. Report Development 5.8. Deliverables S.8.1. Final Geutechnica| Engineering Report in Adobe PDFformat 5. Subsurface Utility Engineering (5UE) Perform Quality Level /OL A and 8 SUE services to identify the location and depth of existing critical utilities crossing selected alignment. Given the analysis during the 30% Preliminary Engineering Report Phase, a total of forty-seven (47) ClL-A SUE services have been assumed. Consultant will complete the following tasks: K "' "I'm I * Page 5 6.1. Prepare a detailed SUE plan for Final Design 6.2. SUE and Survey Field Coordination 6.3. SUE QL -A and QL -B Services 6.4. Review draft QL "A" SUE Test Hole Summary Sheet and individual QL "A" Exhibits 6.5. Review draft QL "B" SUE Markings 6.6. Deliverables 6.6.1. Draft QL "A" SUE Test Hole Data Sheets in Adobe PDF format 6.6.2. Final QL "A" SUE Test Hole Data Sheets in Adobe PDF format 6.6.3. Signed and Sealed Test Hole Data Forms and Test Hole Summary Sheet in Adobe PDF format 6.6.4. Utility file in CAD format depicting all designated and located utilities 7. Survey Services Provide full topographic survey, in accordance with survey scope detailed in Attachment 5, for development of design drawings: 7.1. Survey Sub - Consultant coordination 7.2. Topographic Survey 7.3. Detailed Tree Survey 7.4. Obtain Geotechnical Information with Support Files 7.5. Obtain SUE Information with Supporting Files 7.6. Dietz Creek Channel Improvements re- survey 7.7. Project Control Sheet 7.7.1. Review Project Control Sheet 60% Design Phase 7.7.2. Review Project Control Sheet 100% Design Phase (Unsigned) 7.8. Easement Strip Map 7.8.1. Review Easement Strip Map 60% Design Phase 7.8.2. Review Easement Strip Map 100% Design Phase (Unsigned) 7.9. Plat and Field Notes (PFNs) (19 EA) 7.9.1. Review Plat and Field Notes 8. 60% Design Phase 8.1. 60% Stakeholder and Utility Provider Coordination 8.2. Conduct site visits for 60% design and survey validation 8.3. Prepare Utility Layout Sheets 8.4. Prepare Utility Conflict /Coordination Matrix 8.5. Meetings 8.5.1. Conduct coordination meetings with impacted utilities (assume four (4) meetings total). Consultant will prepare meeting agenda and necessary exhibits /graphics. 8.5.2. Prepare and distribute meeting notes 8.6. 60% Construction Drawings 8.6.1. Perform Design Calculations 8.6.1.1. Joint Restraint Calculations (for one (1) pipe material) K "I'm I * Page 6 8.6.1.2. Channel Embankment Stabilization 8.6.1.3. Scour 8.6.1.4. Buoyancy 8.6.1.5. Combination Air Vacuum and Air Release Valve (location) 8.6.1.6. Blow -off Valve (location) 8.6.2. Develop 60% Plan Set 8.6.2.1. All plan sheets to be 22 "x34" 8.6.2.2. General Sheets (Cover, Project Layout, General Notes, Overall Quantities, etc.) 8.6.2.3. Overall Dimensional Control Plan 8.6.2.4. Survey Control Sheets 8.6.2.5. Contractor access sheets (including permanent access driveways, low water crossings, etc) 8.6.2.6. Plan and Profile sheets (Scale: 1" =100' H, 1 " =20' V (22 "x34" Sheets)) 8.6.2.7. Erosion Control Sheets 8.6.2.8. Standard Details 8.6.2.9. Project Specific Details 8.6.2.10. Traffic Control Sheets 8.6.2.11. Tree Preservation Plans 8.7. Preparation of 60% Project Manual 8.8. 60% Opinions of Probable Construction Cost 8.9. Perform internal QC and address QC comments. 8.10. Prepare and Submit 60% Design Submittal Package 8.11. Review City Comments and Provide Response to Comments 8.12. 60% Design Review Meeting 8.12.1. Conduct 60% Design Review Meeting 8.12.2. Prepare and distribute meeting notes 8.13. 60% Design Phase Deliverables 8.13.1. 60% Design Deliverables (plans and specifications) 8.13.2. Draft Geotechnical Report 8.13.3. Draft Environmental Phase 1 ESAs and LSI Report 8.13.4. Updated list of permits required for the project 8.13.5. SUE Deliverables 8.13.6. Updated Project Schedule 8.13.7. 60% Design Review meeting notes 8.13.8. 60% Opinion of Probable Construction Cost (OPCC) 9. 100% Design Phase 9.1. 100% Stakeholder and Agency Coordination 9.2. Conduct site visits as needed for 100% design 9.3. Update Utility Layout Sheets 9.4. Update utility conflict /coordination matrix 9.5. Meetings K "' "I'm I ey'�,* H o r n 9.5.1. Conduct coordination meetings with impacted utilities (assume four (4) meetings total). Consultant will prepare meeting agenda and necessary exhibits /graphics. 9.5.2. Prepare and distribute meeting notes 9.6. 100% Construction Drawings 9.6.1. General Sheets (Cover, Project Layout, General Notes, Overall Quantities, etc.) 9.6.2. Overall Dimensional Control Plan 9.6.3. Survey Control sheets 9.6.4. Contractor access sheets (including permanent access driveways, low water crossings, etc) 9.6.5. Plan and Profile sheets (Scale: 1 " =50' H, 1 " =5' V (22 "x34" Sheets)) 9.6.6. Erosion Control Sheets 9.6.8. Project Specific Details 9.6.9. Traffic Control Plans 9.6.10. Tree Preservation Plans 9.7. 100% Project Manual 9.7.1. Contract Documents to include language for Request for Competitive Sealed Proposals (RFCSP) 9.7.2. To include all applicable specifications approved by the City of Schertz and specific to the project, Special Provisions, and Special Conditions 9.8. 100% Opinions of Probable Construction Cost 9.9. Perform internal QC and address QC comments 9.10. Prepare and Submit 100% Design Submittal Package (Unsigned) 9.11. Review City Comments and Provide Response to Comments 9.12. 100% Unsigned Design Review Meeting 9.13. 100% Unsigned Design Phase Deliverables 9.13.1. 100% Design Deliverables (plans and specifications) — Unsigned and Sealed 9.13.2. Final Geotechnical Report 9.13.3. Final Environmental Phase 1 ESAs and LSI Report 9.13.4. Permits 9.13.5. Updated Project Schedule 9.13.6. 100% Design Review meeting notes 9.13.7. 100% Opinion of Probable Construction Cost (OPCC) 10. Procurement 10.1. Final QA /QC of Construction Drawings and Project Manual 10.2. Signed and sealed 100% Construction Drawings 10.3. Singed and sealed 100% Project Manual 10.4. Submit Final Documents for Advertisement 10.5. Pre -Bid Conference 10.5.1. Prepare Meeting Agenda and attend Pre -Bid Conference 10.5.2. Prepare meeting minutes consolidating contractor questions 10.5.3. Attend Site Walk K "' "I'm I ey'�,* H o r n 10.6. Prepare Addenda and Clarifications 10.7. Attend Proposal Opening 10.8. Review Contractors Proposals 10.8.1. Perform Contractor References Check 10.8.2. Confirm Contractor Experience 10.8.3. Prepare Bid Tabulation 10.8.4. Prepare Recommendation for Award 10.9. Prepare Conformed Contract Documents 11. Construction Phase Services 11.1. Pre - Construction Meeting 11.2. Monthly Construction Progress Meetings (Estimated 12 -month construction schedule) 11.3. Construction Site Visits 11.3.1. Assume an average of one (1) monthly site visits throughout the construction phase 11.3.2. An observation report will be prepared and provided for each site visit. Kimley -Horn will make site visits in accordance with proposed basic scope of work in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Kimley -Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley -Horn will keep the City informed of the general progress of the work. Additionally, Kimley -Horn will not supervise, direct, or have control over Contractor's work, nor shall Kimley -Horn have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Kimley -Horn does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. 11.4. Ongoing construction coordination and communications with Client 11.5. Pay Estimate Reviews 11.6. Shop Drawings /Submittals Reviews 11.7. Request for Information (RFIs) 11.8. Request for Proposals (RFPs) and Change Orders (COs) 11.9. Substantial and Final Completion Walk - Throughs 12. Record Drawing Preparation 12.1. Prepare Record Drawings from Contractor As- Builts 12.2. Deliverables 12.2.1. One (1) CD containing final record drawings in .pdf format K "' "I'm I * Page 9 12.2.2. One (1) CD with final unsealed drawings in CADD (.dwg) format 12.2.3. One (1) CD with a GIS submittal of as -built infrastructure with asset IDs 13. Reimbursable Project Expenses 13.1. Mileage for site visits and meetings. Mileage will be reimbursed based on the current standard business mileage rate of $0.575 per mile (Estimated 50 meetings /site visits at 40 mi /RT. 13.2. ESRI Database Package (for Task 2.2) 13.3. Large scale plotting for any document or plot in excess of 11" x 17" SUPPLEMENTAL SERVICES Kimley -Horn has coordinated with each sub - consultant and identified potential areas that may require supplemental design services to this project. Many of these services are listed in the individual sub - consultant's fee proposal but are not meant to be a complete list. The tasks below provide a brief outline of the proposed supplemental services and will only be completed upon written authorization from the Client. Kimley -Horn will coordinate development of a fee proposal with necessary sub - consultants and submit to the City for review. 1. Supplemental Design Services 1.1. Chevron Pipeline Removal Package 1.1.1. If the City elects to move forward with a separate bid package for the Chevron Pipeline removal package, Kimley -Horn will develop a separate construction drawing and bid package set, provide bid phase services, and participate in construction phase services assuming a 2 -month duration 1.2. Unspecified Engineering Design Services 1.2.1. This task will account for supplemental or additional service tasks that may come up during the design or construction phase 2. Environmental Services 2.1. Additional environmental Borings for LSI 2.1.1. Included in the event the environmental borings completed with the basic scope of services yields results that warrant additional soil samples 2.2. Environmental monitoring during construction 2.2.1. Includes up to three days of monitoring during excavation of the Chevron Petroleum pipeline 2.3. Mechanical (deep) testing for archaeological sites 2.3.1. If required by the THC, Kimley -Horn will engage a sub - consultant to complete deep testing at archaeological sites that may be uncovered during the cultural resources survey 2.4. Phase I ESA (Individual Parcels along Old Wiederstein) for Fee Simple Purchase K"' "I'm I * Page 10 3.2. Appraisal updates for condemnation 3.2.1. Condemnation support services not included in base scope of work 3.3. Supplemental appraisal for complex properties 3.4. In Fee Acquisition for parcels along Old Wiederstein (parcels noted in Sup 2.4 above) 3.5. In Fee Appraisal for parcels along Old Wiederstein (parcels noted in Sup 2.4 above) 4. Geotechnical Engineering 4.1. Kimley -Horn coordination efforts 4.2. Additional Geotechnical borings 4.3. Tree /Brush Clearing 4.3.1. This task is included in the event minor brush clearing is required for the geotechnical subconsultant to adequately complete their work 5. Subsurface Utility Engineering 5.1. Additional SUE services (up to 4 additional potholes) 6. Survey 6.1. Plat and Field Notes (up to 3 additional PFNs) 6.2. Miscellaneous survey services that maybe required during the design phase ASSUMPTIONS The following tasks document assumptions made by Consultant for development of this scope and fee proposal: 1. Selected alignment will generally remain the same 2. Construction method will follow either open cut or jack and bore method 3. Connection to the existing system near the Live Oak tank site will be as identified in the 30% plans submitted on March 18, 2021 4. Connection to the existing system at the 1 -35 tank site is unknown at this time. Kimley -Horn will coordinate with the City and their modeling consultant, then will prepare a supplemental services proposal for the ultimate improvements 5. Completion of a separate design package for the Chevron pipeline removal will be considered a supplemental service K "' "I'm I ey'�,* H o r n 6. City will provide all relevant utility block maps and record drawings for City owned utilities within the project area 7. USACE Permitting NWP 58, non - notification and memo to file will suffice for project 8. Impacts to Waters of the US will not trigger notification to the core. Kimley -Horn will prepare a memo to file for the City to maintain for official records. Upon receipt of alignment Kimley -Horn will modify alignmentto determine ultimate impacts. If notification to the core is required Kimley - Horn will coordinate with the City to complete this as a supplemental service 9. The project will not include impacts to special aquatic sites including wetlands, and will not result in stream channelization 10. A Phase 1 ESA will be completed for the project corridor and for GCAD Parcel ID 148510, in accordance with ASTM E 1527 -13 11. Mechanical (Deep) testing for archaeological sites will be completed as a supplemental service if required by the THC 12. Land Acquisition services will be based off alignment presented in PER, at number and type of parcels noted above. Additional ROEs and /or easement acquisition required due to an alignment change will be coordinated with the City 13. Land Acquisition sub - consultant will analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies, and will attempt to obtain subordination of liens, waiver of lienholders and clear titles. If sub - consultant cannot cure title through standard practices, City will be responsible for obtaining legal counsel to remedy any title deficiencies as required by title or alternatively, may elect to close the easement without a title policy. 14. Utility coordination meetings will be split into 4 meetings for 60% and 4 meetings for 100% unsigned phases 15. All permit fees will be paid by the City 16. Standard TxDOT Utility Installation Request permit will be required. No temporary construction driveways will be required on TxDOT roadways 17. Per previous coordination calls with Chevron's Owners Representative, additional soil sampling to what is proposed with the LSI at the petroleum pipeline crossing locations will not be required 18. Total of 19 Plat and Field Note (PFN) packages 19. Land Acquisition support includes 17 parcels for permanent and temporary construction easements, 2 parcels with temporary construction easement only, and 1 parcel for fee simple purchase 20. The effort included in supplemental services for in fee purchase for parcels along Old Wiederstein is the cost to perform those services. If the City determines to move forward with acquisition in lieu of easements prior to the Land Acquisition sub proceeding with their work, Kimley -Horn will coordinate with the City to adjust the basic scope of work and bill only for fees listed in the supplement task 21. City of Cibolo will not require acquisition services, they will allow a shared use agreement 22. A price range has been provided for appraisal services to allow flexibility for more complex parcels. The cost estimated for base services assumes middle of the range. The remainder of the range for each parcel is included in Supplemental Services K "' "I'm I ey'�,* H o r n 23. Traffic control design services will be limited to City streets, with minor signage on FM 3009 (TXDOT) 24. City will utilize Request for Competitive Sealed Proposals (RFCSP) Bid Format EXCLUSIONS The following services are excluded from the basic scope of this project, but can be completed by Consultant upon execution of an additional service should the City request it: A. Design schedule assumes a 9 -month duration, with an additional 3 months to complete land acquisition closeout B. Construction schedule assumes a 12 -month duration C. Hydraulic modeling forthis project, including proposed transmission main and facility connections D. Connection to the Live Oak Tank site, including corresponding facility modifications and utility relocations E. Connection to the 1 -35 elevated storage tank. The hydraulic modeling results will determine proposed improvements and are not available at the time this scope and fee was developed F. Utility relocation, drainage, street reconstruction, or structural design services G. Hike and Bike Trail design. Additional easements or areas required for a hike and bike trail also excluded from scope of services. H. Channel /stream stabilization design 1. Determination of remediation costs or mitigation measures for hazardous materials for regulatory closure. Based on the results of the proposed environmental services, recommendations may be provided for additional investigation or consulting services, as appropriate, if contaminants are discovered in soil or groundwater J. Final report for environmental monitoring during construction phase. Environmental monitoring is a supplemental service that will require authorization by the City. K. Possible development of mitigation plans based on results of LSI L. USACE pre- construction notification M. Condemnation support including Kimley -Horn and land acquisition support services. Reference Attachment 3 scope of services for list of items to be considered part of condemnation support services. N. Additional round of comments to what is specified in the Assumptions O. Milestones in addition to what is proposed for this project P. Any other services not listed in the basic services SCHEDULE Kimley -Horn estimates a total design schedule of nine (9) months for this project, with an additional (3) months planned to finalize easement and land acquisition. Delays in obtaining information from neighboring jurisdictions or land acquisition closings will add to proposed schedule, and submission of final deliverables will be adjusted accordingly. Kimley -Horn will develop a detailed design schedule to include all scope of services upon execution of the task order for this assignment. K "' "I'm I ey'�,* H o r n FEE AND BILLING Consultant will perform the above outlined basic scope of services, including reimbursable project expenses and sub - consultant services, for a lump sum fee of $1,030,7050. Supplemental engineering design and sub - consultant supporting services in the amount of $340,920 have been included in this scope and fee proposal in the event additional design tasks are required. The total fee for basic and supplemental services reflective of the scope of services presented within this proposal is a lump sum amount not to exceed $1,371,705. Should supplemental services be required, Kimley -Horn will coordinate with necessary sub - consultants to obtain a proposal for submittal to the City, and will begin work upon formal authorization to proceed. Task Description of Service Amount Basis of Compensation BASIC SERVICES 1 1 Project Management $ 54,190.00 [ Lump Sum ] 2 Environmental $ 48,310.00 [ Lump Sum ] 3 Land Acquisition Coordination $ 253,000.00 [ Lump Sum ] 4 Permit Coordination $ 26,500.00 [ Lump Sum ] 5 Geotechnical Investigation and Report Preparation $ 44,655.00 [ Lump Sum ] 6 Subsurface Utility Engineering (SUE) $ 90,705.00 [ Lump Sum ] 7 Survey Services $ 180,535.00 [ Lump Sum ] 8 60% Design $ 136,720.00 [ Lump Sum ] 9 100% Design $ 71,525.00 [ Lump Sum ] 10 Procurement $ 27,485.00 [ Lump Sum ] 11 Construction Phase Services $ 84,180.00 [ Lump Sum ] 12 Record Drawing Preparation $ 7,380.00 [ Lump Sum ] 13 Reimbursable Project Expenses $ 5,600.00 [ Lump Sum ] Total Compensation (BASIC SERVICES) $ 1,030,785.00 [ Lump Sum ] SUPPLEMENTAL SERVICES S -1 Supplemental Design Services $ 75,760.00 [ Lump Sum ] S -2 Environmental $ 59,400.00 [ Lump Sum ] S -3 Land Acquisition Coordination $ 156,200.00 [ Lump Sum ] S -4 lGeotechnical $ 12,860.00 [ Lump Sum ] S -5 Subsurface Utility Engineering (SUE) $ 15,810.00 [ Lump Sum ] S -6 Survey $ 20,890.00 [ Lump Sum ] Total Compensation (SUPPLEMENTAL SERVICES) $ 340,920.00 [ Lump Sum] Total Compensation (BASIC + SUPPLEMENTAL SERVICES) $ 1,371,705.00 [ Lump Sum] K "' "I'm I ey'�,* H o r n Consultant will submit monthly progress invoices to Client in accordance with terms and conditions of executed professional services contract. We appreciate the opportunity to be of service to the City and look forward to successfully completing this project. Please don't hesitate to contact me at stephen.aniol @kimley- horn.com or (210) 321 -3404 should you have any questions on the proposed scope and fee. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. TBPE# 928 By: Stephen J. Aniol, P.E. Senior Project Manager Attachments 1— Project Work Plan 2— Geotechincal Engineering /Environmental LSI Sub - Consultant Proposal (Terracon) 3 — Land Acquisition Sub - Consultant Proposal (7 Arrows Land Staff) 4 —SUE Sub - Consultant Proposal (The Rios Group) 5 — Survey Sub - Consultant Proposal (Sherwood Surveying) 6 — Archaeologist Sub - Consultant Proposal (Stone Point Services) CITY OF SCHERTZ Fee /Price Proposal Breakdown for Professional Services EEEE= Transmission Main gineering Services, Task Order - 05 and Associates, Inc. 195.00 1 $ 180.00 1 $ 145.00 1 $ 125.00 1$ 115.00 1$ 105.00 1 $ 115.00 1$ 75.00 BASIC SERVICES 1 Project Management 0 179 0 88 0 45 0 0 18 330 $ 54,190.00 $ $ 54;190.00' 1.1 Prepare Monthly Summary Reports/invoicing Reports/invoicing 9 18 9 36 $ 5,040.00 $ 12 Sub - Contract Management 9 9 9 27 $ 3,735.00 $ 1.3 Update Project Management Plan 2 3 6 11 $ 1,515.00 $ 1.4 jSchedule Development and Monthly Updates 9 1 9 1 18 $ 3,060.00 $ 1.5 Ongoing Coordination and Communications with Client and Internal Team Meetings 112 112 $ 21,840.00 $ 1.6 Dietz Creek Silt Removal Project Coordination 16 16 32 $ 5,440.00 $ 1.7 Meetings 0 $ $ 1.7.1 Prepare for & conduct Design Phase Progress Meetings with Client (Occurring once a month - 9 meetings) 18 27 27 72 $ 10,530.00 $ 1.7.2 Prepare Meeting Notes 4 6 12 22 $ 3,030.00 $ 1.8 Deliverables 0 $ $ 1.8.1 IProject Management Plan I 1 0 $ $ 1. 8.2 Monthly Schedule Updates 0 $ $ 2 Environmental 2 12 0 84 0 64 0 0 0 162 $ 22,330.00; $ 25,980.00 $ 48,310.00' 2.1 Environmental Phase /Sub- Consultant Coordination 4 12 4 20 $ 2,980.00 $ - 2.2 Waters of the US Memo Stud 0 $ $ 2.2.1 Archaeologist Desktop Review and Initial THC Submittal 5 5 $ 575.00 $ 350.00 2.2.2 Site Visit 20 25 45 $ 5,775.00 $ NWP 58 Memo to File 2 10 30 42 $ 5,290.00 $ 2.3 Phase I ESA 0 $ $ Records Review 1 1 $ 145.00 $ N2.3.3 Site Reconnaissance 10 10 $ 1,450.00 $ Interviews 2 2 $ 290.00 $ Phase I ESA Re ort Pre aration Corridor 2 2 15 19 $ 3 015.00 $ 2.4 Cultural Resource Coordination 0 $ $ 2.4.1 Cultural Resource Survey 0 $ $ 13,750.00 2.4.2 THC Coordination 10 10 $ 1,450.00 $ 2.5 Environmental Monitoring and Sampling 0 $ 2.5.1 Limited Site Investigation LSI 0 $ $ 11,880.00 2.6 Review Phase I ESA/LSI 4 4 8 $ 1,360.00 2.7 Deliverables 0 $ $ 2.7.1 Ph I ESA Corridor 0 $ $ 2.7.2 Cultural Resources Survey 0 $ $ 2.7.3 Limited Site Investigation LSI 0 $ $ 3 Land Acquisition Coordination 0 80 0 40 0 40 0 0 0 160 $ 261,000.00' $ 227,000.00 $ 253,000.00; 3.1 LA Sub - Consultant Coordination 80 40 40 160 $ 26,000.00 $ - 3.2 Acquisition Services (Total 20 Parcels - Assumed 17 parcels with PE /TCE, 2 parcels with TCE Only, 1 parcel Fee Simple) 0 $ $ _ 3.2.1 Title & Title Curative 0 $ $ 30,000.00 3.2.2 Administrative Fee 0 $ $ 30,000.00 3.2.3 Permanent Easement/Temporary Easement/Temporary Construction Easement Acquisition 0 $ $ 51,000.00 3.2.4 Temporary Construction Easement Acquisition 0 $ $ 4,000.00 3.2.5 In Fee Acquisition 0 $ $ 3,000.00 3.2.6 Closing Services 0 $ $ 30,000.00 3.3 Appraisal Services 0 $ $ 3.3.1 Permanent Easement & Temporary Construction Easement 18 parcels) 0 $ $ 72,000.00 3.3.2 Temp rary Construction Easement Only 2 parcels) 0 $ $ 7,000.00 4 Permit' Coordination 0 38+ 0 62 0 80 0 0 12 192 $ 26,500.00 $ $ 26,500.00 4.1 Perform Ongoing Coordination and Communication with each Permitting Entity 8 8 16 $ 2,720.00 $ 4.2 Meetings 0 $ $ 4.2.1 Prepare for and conduct coordination meetings with TXDOT, City of Cibolo, Guadalupe Count & other impacted entities /re ulato agencies Assume 6 meetings): 12 18 24 54 $ 7,710.00 $ 4.2.2 Prepare meeting notes 2 4 12 18 $ 1,870.00 $ 43 Permits 1 0 $ $ 4.3.1 TxDOT Utility Installation Request UIR' 4 8 16 28 $ 3,780.00 $ A 3 9 (`.....- Petmi.- Pinalino /9 Tntan R 9R 9d AR It P Pan nn _ CITY OF SCHERTZ Fee/Price Proposal Breakdown for Professional Services Transmission Main gineering Services, Task Order - 05 and Associates, Inc. ,rtess, PE ol, PE Contract Approved Rates 1 $ 225.00 $ 195.00 $ 180.00 $ 145.00 $ 125.00 $ 115.00 1$ 105.00 $ 115.00 $ 75.00 RNM11=MMMNMMMMMl Task to be performed/Phase Description (including Sub-consultant work) NErmom I o l Hours 5.1 Geotechnical Sub-Consultant Coordination 4 8 12 $ 1,940.00 $ 5.2 Prepare Geotechnical Bore Plan/Exhibits 2 4 8 14 $ 1,890.00 $ 5.3 Review Draft Boring Logs 2 4 6 $ 970,00 $ 5.4 lReview Draft Engineering Report 2 1 4 1 6 $ 970.00 $ 5.5 Geotechnical Boring 0 $ - $ 18,280.00 5.6 Laboratory Testing 0 $ $ 10,215.00 57 Report Development 0 $ $ 10,390.00 5.8 Deliverables 0 $ $ - 5.8.1 Geotechnical Engineering Report 0 $ $ - 6 Subsurface Utility Engineering (SUS) 0 8 0 24 0 36 0 0 0 68 $ 9,180.00 $ 81,525.00 $ 90,705.00 6.1 Prepare detailed SUE Plan for Final Design 2 8 16 26 $ 3,390.00 $ - 62 SUE and Survey Field Coordination 4 12 12 28 $ 3,900,00 $ 6.3 SUE QL-A and QL-B Services 0 $ Y$ 6.3.1 ROW Permits (City of Schertz) 0 $ $ 375.00 6.3.2 Traffic Control (Standard) 0 $ $ 2,800.00 6.3.3 Flowable Backfill 0 $ $ 4,050.00 6.3.4 Deliverable Preparation 0 $ $ 7,500.001 6.3.5 OIL "B' SUE Designating 0 $ $ 12,000.001 6.3.6 OIL "A" SUE Test Holes (47 Test Holes) 0 $ $ 54,800.00 6.4/6.5 Review draft QL "A" SUE Test Hole Summary Sheet, OIL "B" SUE Markings and individual QL-A 2 4 8 14 $ 1,890,00 $ - exhibits 6.6 0 $ - $ 6,6.1 Draft QL-A SUE test hole data sheets in Adobe PDF format 0 $ $ 6.6.2 Final OL-A SUE test hole data sheets in Adobe PDF format 0 $ $ 6.6.3 Signed and Sealed Test Hole Data Forms and Test Hole Summary Sheet 0 $ $ - 7 1 Survey Services 0 17 0 36 0 20 0 1 0 0 73 $ 10,835.00 $ 169,700.00 180,535.00 7.1 Survey Sub-Consultant Coordination 8 8 16 $ 2,720.00 $ - 7.2 Topographic Survey 0 $ - $ 88,500.00 7.3 Tree Survey 0 $ $ 29,700.00 7.4 Obtain Geotechnical Information with Support Files 0 $ $ 5,800.00 7.5 Obtain SUE Information with Supporting Files 0 $ $ 8,500.00 7.6 Dietz Creek Channel Improvements Re-Survey 2 8 4 14 $ 2,010,00 $ 6,300.00 7.7 jProject Control Sheet 0 $ - $ 4,800.00 7.7.1 Review Pro ect Control Sheet 60% 2 4 1 6 $ 970.00 $ - 7.7.2 Review Project Control Sheet 1 00%/Final 1 3 4 $ 630.00 $ 7.8 - Easement Strip Map 0 $ - $ 5,200.00 7.8.1 Review Easement Strip Map 60% 1 6 7 $ 1,065.00 $ - 7.8.2 Review Easement Strip Map 60%/Final 1 3 4 $ 630.00 $ - 7.9 Plat and Field Notes (19 EA) 0 $ - $ 20,900.00 7.9.1 Review Plat and Field Notes 1 2 4 16 22 $ 2,810,00 $ - 8 1 60% Design 8 114 1 24 222 0 412 0 240 16 1036 $ 136,720.00 $ $ 136,720.00 8.1 60% Stakeholder and Utility Provider Coordination 8 12 16 36 $ 5,140.00 $ 8.2 Conduct Site Visit, Validate Survey 4 16 16 36 $ 4,940.00 $ 8.3 Prepare Utility Layout Sheets 4 12 24 40 $ 5,280.00 $ 8.4 Update Utility Conflict/Coordination Matrix 2 4 16 22 $ 2,810,00 $ 8.5 Meetings 0 $ - $ 8.5.1 Conduct coordination meetings with Impacted Utilities (Split into 4 meetings) 8 8 12 28 $ 4,100.00 $ 8.5.2_ Prepare and Distribute Meeting Notes 2 4 4 10 $ 1,430.00 $ 8.6 60% Construction Drawings 0 $ - $ 8.6.1 Perform Design Calculations 4 8 12 16 40 $ 5,800.00 $ 8.6.2 60% Plan Set Development 40 16 100 240 240 636 $ 80,380.00 $ 8.6.3 Miscellaneous Details 4 8 24 36 $ 4,700.00 $ 87 60% Project Manual 12 16 8 8 44 $ 6,180,00 $ 8.8 60% Opinion of Probable Construction Cost 4 12 12 28 $ 3,900.00 $ 8.9 lInternal QA/QC 8 8 1 1 16 $ 3,360.00 $ 8.10 Prepare 60% Design Submittal Package 4 4 1 8 8 24 $ 2,880.00 $ 8.11 City Comments and Provide Response to Comments 8 12 12 32 $ 4,680,00 $ 8.12 60% Design Review Meeting & Meeting Notes 2 2 4 8 $ 1,140.00 $ 9 100% Design a 91 12 134 0 166 0 80 28 519 i $ 71,525.00 $ 71,525.00 9.1 100% Stakeholder and Agency Coordination 4 8 8 20 2,860.00 $ 9.2 Conduct Site Visit 4 4 4 12 $ 1,820.00 $ 9.3 Update Utility Layout Sheets 2 4 8 14 $ 1,890,00 $ CITY OF SCHERTZ Fee /Price Proposal Breakdown for Professional Services Transmission Main gineering Services, Task Order - 05 and Associates, Inc. ,rtess, PE ol, PE CITY OF SCHERTZ Fee/Price Proposal Breakdown for Professional Services Transmission Main gineering Services, Task Order - 05 and Associates, Inc. ,rtess, PE ol, PE 0.AJQC Sr. Project Senior Civil Civil Engineer Staff Engineer Staff Engineer Staff Engineer Senior Design Administrative) Consultant Fee Sub-Consultant Fee Total Manager Manager Engineer [it 11 1 Technician Clerical Total Fee Total Position/Personnel Title Contract Approved Rates $ 225.00 $ 195.00 $ 180.00 $ 145.00 $ 125.00 $ 115.00 $ 105.00 $ 115.00 $ 75.00 ITask to be performed/Phase Description (including Sub-consultant work) SUPPLEMENTAL SERVICES S-1 Supplemental Design Services 4 28 0 60 0 80 0 0 20 192 $ 75,760.00 $ $ 75,760.00 1.1 Chevron Pipeline Removal Design Package 4 28 60 80 20 192 $ 25,760.00 $ 12 Supplemental Design Services 0 $ 50,000,00 $ - S-2 I JEnvironmental 0 0 I 0 0 0 0 0 I 0 0 0 $ 28,360.00 $ 31,040.00 $ 59,400.00 2.1 Supplemental Environmental Borings (Ph. 1/LSI) 4 4 8 16 $ 2,280.00 $ 6,760.00 2.2 Supplemental Environmental Monitoring during Construction (3 days at $1,500/day) 2 8 10 $ 1,550.00 $ 4,500.00 2.3 Mechanical Deep Testing 4 12 8 24 $ 3,440.00 $ 19,780.00 2A Phase I ESA (Individual Parcels) 0 $ - $ - 2.4.1 GCAD Parcel ID No's. 148510, 147296, 68333, 68330, 68331, 68302 12 12 90 114 $ 18,090.00 $ 2.4.2 ERIS Database Package (6 parcels at $500/EA) 0 $ 3,000.00 $ $ $ S-3 Land Acquisition Coordination 0 72 0 80 0 64 0 0 0 216 $ 10,700.00 $ 145,5W00 $ 1156,200.00 3.1 Land Acquisition Supplemental Coordination 40 20 60 $ 10,700.00 $ - 3.1.1 PE/TCE Acquisition (�D $7,500 per parcel (4 Additional parcels) 0 $ - $ 30,000.00 3.1.2 PE/TCE Appraisal @ $4,500 per parcel (4 Additional parcels) 0 $ $ 18,000.00 3.2 Appraisal Updates for Condemnation (3 parcels) 0 $ $ 13,500.00 13 Supplemental Appraisal for Complex Properties 0 $ $ 9'000�00 3.4 lin Fee Acquisition (a) $7,500 per parcel (6 parcels) 0 $ $ 45,000.00 3.5 In Fee Appraisal @_ $5,000 per parcel (6 parcels) 0 $ $ 30,000.00 S-4 Geotechnical 0 12 0 24 0 24 0 0 0 60 $ 2,860.00 $ 10,000.00 $ 12,860.00 4.1 Supplemental Geotechincal Engineering Services 0 $ - $ - 4.1.1 Coordination Efforts 2 4 4 10 $ 1,430,00 $ - 4.1.2 Additional Geotechnical Borings 0 $ - $ 5,000.00 4.1.3 Tree/Brush Clearing 2 4 4 $ 1,430.00 $ 5,000.00 $ $ S-5 Subsurface Utift Engineering (SUE) 0 12 0 22 0 24 0 0 0 58 $ 2,570.00 $ 13,240.00 $ 15,810.00 5.1 SUE QL-A & B (4 Additional Locations) 4 6 8 18 $ 2,570.00 $ 13,240.00 S-6 Survey 0 6 0 12 0 12 0 0 0 30 $ 4,290.00 $ 16,600.00 $ 20,990.00 6.1 Plat and Field Notes (Up to 3 Additional P $1,100/PFN) 2 4 4 10 $ 1,430.00 $ 3,300.00 6.2 Miscellaneous Survey Services 4 8 8 20 2,860.00 $ 13,300.00 M= Total Hours �Supplennental Services): 4 106 0 152 0 156 0 0 20 438 Total Fee (Supplemental Services). 124,540.00 $ 216,380.00 ITOTAL FEE (Basic + Supplemental Services) I I I 612,2X00 $ 759,470.00 March 16.2O21 Ki0ley-Horn 8O1NVV Loop 41O. Suite 35U San Antonio, TX 78216 Attn: K8[ Stephen J./\nkd, P.E. C>:/31[A321-3404 K8:(21U)812-O54S E: Stephen.Aniol@kimley-horn.com Re: Revised Proposal for Gmotenhnima| Engineering and Environmental Services Proposed 16-inch Transmission Main From |-35 Elevated Storage Tank to Live Oak Tank Site 8nhertz.Texaa Terracon Proposal Number: P90205189R1 � kTA 11A rams Based onanemail requests dated June 3. 2020 and March 3. 2O21.TernaconConsultants, Inc. (TerraCOn) appreciates the opportunity to submit this revised pPOpOS8| to provide geOteChniC8| / environmental engineering services for the above referenced project. We understand that we have been selected to provide these services for this publicly funded project. Therefore, providing cost information is in compliance with the Texas Professional Services Procurement Act. This proposal outlines our understanding of the project and scope of services and provides a lump sum fee for our services. Project information Ki0ley-Horn (client) is submitting 8 proposal to the City of SCh8rtz to install @ 16-inch water traOSOliSSiOD line. The client has identified GO 8b8DdOO8d, UOd8Fgn]UOd pipeline OVVO8d by Chevron which will be n8rn0v9d during the construction phase Ofthe project. T8rn3C0n i8 not 8vvGne of the depth or length of the pipeline, nor the contents formerly transmitted through the Site Location Project Description & I We understand a 16" water transmission main is planned that will connect Location I the 1-35 Elevated Storage Tank and Live Oak Tank Site in Schertz, Texas. Existing improvements Based on the provided information borings will be along TxDOT right-of- I way, City Street and in undeveloped land. Terracon Consultants, Inc. 6911 Blanco Road, San Antonio, Texas 78216 P [210] 641-2112 F [210] 641-2124 terracon.corn Texas Professional Engineers No. 3272 Field Program — Based on the request from the client, our field exploration will consist of: 7 10 or auger refusal Along TxIDOT and City Roadway 16 1 20 or auger refusal I Undeveloped Land Sampling will be in general accordance with industry standard procedures wherein Shelby tube samples (ASTIVI D-1 587) or split-barrel samples (ASTIVI D-1 586) are obtained. Sampling will be performed in 2-ft intervals to the boring completion depths. Groundwater, if encountered will be measured during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. Permitting and Traffic Control — We understand the Terracon will need to obtain a TxIDOT and City permit to allow work in their ROW. Terracon will coordinate with the TxIDOT. Terracon will provide traffic control, likely to consist of signage only. We understand, we will be provided a TxDOT and City point of contact to obtain TxIDOT/City permit. Conditions/items to be Provided by Client: Items to be provided by the client include the right of entry to conduct the exploration and the awareness and/or location of any private subsurface utilities existing in the area. We will contact Texas 811, Schertz Water Utilities for location of utilities in public easements. Location of private lines on the property is not part of Terracon scope. All private lines should be marked by others prior to commencement of drilling. Terracon will take reasonable efforts to reduce damage to the property, such as rutting of the ground surface. However, it should also be understood that in the normal course of our work, some such disturbances could occur. We have not budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing field work. The drilling services for this project will be performed by a drilling subcontractor under Terracon's direction. Our fee is based on the site being accessible to our conventional two-wheel drive truck-mounted drilling equipment. Additional costs may result if this is not the case. It does not include services associated with damage of existing landscape or location of Responsive w Resourceful z Reliable 2 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main w Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 underground utilities beyond contacting Texas8l 1. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and fee, if necessary. For safety purposes, all borings will be backfilled promptly and patched with asphalt or concrete, as appropriate, after their completion. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled if necessary. Laboratory Testing — The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer and will include visual classification, moisture content, gradation, Atterberg limits, and sulfate contents. * Moisture Content Test. * Gradation Tests or Percent Finer than the No. 200 Mesh (75-pm) Sieve. * Atterberg Limits. * Soluble Sulfate Tests. In addition, three representative bulk samples will be collected from near the roadway and will be tested for the following: * pH lime series tests. * P1 lime series tests. * Moisture density relationship (ASTM D698). * California Bearing Ratio (CBR). Engineering Repo — The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. A data report will be prided for the watermain and an engineering report will be provided for the pavement design. The engineering report will include the following: * Boring location plan. * Subsurface exploration procedures. * Computer generated boring logs with soil classification. * Summarized laboratory data. * Groundwater levels observed during and after completion drilling. * Encountered soil conditions. * Subgrade soil modification recommendations for pavement design. * Observed existing pavement thickness at the pavement boring locations. * Review of Schertz backfill requirements and comment on suitability for use in light of the encountered conditions. Responsive w Resourceful w Reliable 3 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main w Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 * Estimation of modulus of soil reaction, E', for pipe design based on backfill. * Pavement design recommendation in accordance with the Schertz design manual Schedule - We can generally begin the field exploration program within 9 days after receipt of our signed contract and City/TxDOT permit, if site and weather conditions permit. The field work can be done in 5 days if locations can be accessed. A draft report will be completed within 5 weeks of completion of drilling. A final report can be issued 1 week from receipt of the review comments. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements after we have completed our field and laboratory programs. We will issue a PDF copy of the geotechnical report as the deliverable for this project. The proposed scope for environmental services was developed based on the email dated March 3, 2021 from a client representative (Rebekah Cramblitt) which identified the following recognized environmental conditions (RECs) and/or site concerns. Underground petroleum pipeline ! Abandoned, underground pipeline owned by Chevron Terracon will conduct a Limited Site Investigation (LSI) and, if requested, environmental monitoring at the site. Environmental services will be limited to the area between borings B-1 and B-2 shown on Exhibit 1. Please note that Terracon did not conduct a Phase I Environmental Site Assessment (ESA) of the property, and that the scope of services for this proposal is based solely on information provided by the client. Objectives The objective of the proposed environmental services is to assess the presence of chemicals commonly associated with the identified RECs and/or site concerns in soil at selected locations considered likely to have been impacted by the concerns identified in Section 2.0. This proposed scope of work is not intended to provide a comprehensive understanding of the extent of impact to soil or groundwater, or of potential costs which may be incurred if remediation is necessary, or the time required to achieve regulatory closure, if appropriate. Based on the results of the proposed environmental services, recommendations may be provided for additional investigation or consulting services, as appropriate, if contaminants are discovered in soil or groundwater. Responsive ff, Resourceful a Reliable 4 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main w Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 Sampling and Laboratory Analytical Program Limited Site Investigation (LSI) - Terracon will perform an LSI during the design phase of the project. A total of 2 soil borings will be advanced using a Geoprobe with direct push technology (DPT). Refer to the attached Exhibit 1 for the proposed sampling locations provided to Terracon by the client. The proposed sampling locations may be modified in the field to account for utility clearance, access limitations, and/or site conditions. The client will be notified of any significant modifications to the sampling locations. The geology within the proposed water line right-of-way (ROW) is clay underlain by bedrock. Based on GoogleEarth, the elevation of the bedrock observed in the dry creek bed is 711 feet above mean sea level compared to the ground elevation of 730 feet rnsl at boring B-1. If bedrock is encountered prior to reaching the desired depth, the drilling method will be switched to air rotary. Investigation-derived waste (IDW) resulting from the LSI will be managed in accordance with state and local requirements. IDW will be transported to and disposed at an approved receiving facility according to federal and state regulations. The estimated fee assumes transport and disposal of up to two 55-gallon drums of IDW as Class 2 non-hazardous waste. The Client or its authorized agent will be responsible for signing the waste manifest, as required, or authorizing Terracon to sign on its behalf. The IDW will be staged at the site until disposal can be authorized by the landfill and transportation of the waste can be scheduled. This process can take 3 or more weeks to complete. The sampling and analytical program for the LSI, including the number and types of samples and laboratory analyses, is summarized in Table 1. Table 1 - Sampling and Analytical Program Responsive m Resourceful n Reliable 5 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main a Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 Notes: 'Type and Designation: B = Soil Boring 2Proposed maximum depth based on current knowledge of subsurface conditions and depth to groundwater in area. Depths may be modified based on the actual depth to groundwater or refusal on bedrock. If boring advancement beyond above depths is necessary, client will be notified to discuss options and associated costs. 3Number of unsaturated zone soil / bedrock samples to be submitted for analytical testing. Samples will be assigned based on photoionization detector (PID) readings and/or professional judgement considering the type of chemical, nature and depth of source, and chemical fate and transport characteristics. 4Analytical Methods: BTEX Benzene, toluene, ethylbenzene and xylenes by EPA 8260; TPH: Total Petroleum Hydrocarbons: TCEQ TX1005; PAHs: Polycyclic aromatic hydrocarbons by EPA 8270; Moisture by ASTM or standard method; TCLP: Toxicity characteristic leaching procedure by EPA 1311. Investigation and sample collection procedures will be conducted in accordance with local industry standard practices. Any temporary investigation locations will be plugged and abandoned in accordance with applicable state requirements. Supplemental Borings — If requested by the client, Terracon will advance up to three additional borings (B-3 through B-5) during the LSI to investigate the proposed ROW for the water line between borings B-1 and B-2. Based on the boring locations provided by the client, there is approximately 1,200 linear feet between boring B-1 and boring B-2. The supplemental borings will be equally spaced along the proposed ROW. The borings will be advanced using the same methodology and sampling program described for the LSI. The IDW from the supplemental borings will be managed as described for the LSI. We anticipate one additional drums of IDW per boring will be generated during the supplemental LSI. Please note: The supplemental borings must be drilled on the same day as the LSI borings. Otherwise, additional charges will be applied. Table 2 - Sampling and Analytical Program Responsive x Resourcefulm Reliable 6 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main w Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 Notes: 'Type and Designation: B = Soil Boring 2Proposed maximum depth based on current knowledge of subsurface conditions and depth to groundwater in area. Depths may be modified based on the actual depth to groundwater or refusal on bedrock. If boring advancement beyond above depths is necessary, client will be notified to discuss options and associated costs. 3Number of unsaturated zone soil / bedrock samples to be submitted for analytical testing. Samples will be assigned based on photoionization detector (PID) readings and/or professional judgement considering the type of chemical, nature and depth of source, and chemical fate and transport characteristics. 4Analytical Methods: BTEX: Benzene, toluene, ethylbenzene and xylenes by EPA 8260; TPH: Total Petroleum Hydrocarbons: TCEQ TX1005; PAHs: Polycyclic aromatic hydrocarbons by EPA 8270; Moisture by ASTM or standard method; TCLP: Toxicity characteristic leaching procedure by EPA 1311. Supplemental Environmental Monitoring — If requested, Terracon will conduct environmental monitoring at the site during the construction phase of the project. Terracon will provide an environmental technician and equipment necessary to measure the lower explosive limit (LEL) as well as the organic vapor concentrations during the removal of the pipeline. No soil samples will be submitted for laboratory analyses during the environmental monitoring. The scope of services is limited to a 10-hour day including round-trip travel between Terracon's San Antonio office and the site. The cost estimate is based on 3 days of environmental monitoring. Environmental Deliverables LSI - Following completion of the site activities associated with the LSI, including any supplemental borings, and receipt of the laboratory analytical results, a report will be prepared that will include the following: N Documentation of field activities; a Site plan showing pertinent site features; U Soil boring/monitoring well logs; a Analytical laboratory results; N Data evaluation and presentation of findings; and, R Recommendations concerning further action, if necessary. The written report will include a summary of the investigation results as well as conclusions and recommendations that will take precedence over any verbal or preliminary reports that Terracon personnel may have provided. The analytical results will be compared to the protective concentration levels (PCLs) established by the Texas Commission on Environmental Quality (TCEQ) for direct exposure based on commercial / industrial land use or construction workers. Environmental Monitoring - A daily log will be maintained and submitted to the client at the end of each day. A final report, related to environmental monitoring, is not included in this scope of services. Schedule - The Schedule for the services will be based on the project schedule. The client will notify Terracon within 5 business days of the planned start date to allow for resources to be Responsive a Resourceful s Reliable 7 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main w Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 coordinated and scheduled. The LSI Report will be submitted to the client within 5 business days of receiving the final laboratory report. The actual project schedule will be based on the availability of environmental drillers and other subcontractors. If schedule delays are anticipated based on subcontractor availability, weather, and/or encountered site conditions, you will be contacted to discuss changes in the schedule. The standard laboratory analytical completion schedule is 10 business days. If you would like to have laboratory analyses completed quicker, please contact the project manager to discuss the options and additional fees. ILI For the scope of geotechnical and environmental services outlined in this proposal (including drilling, laboratory testing, and reporting), the lump sum fees are: Subsurface Exploration, Laboratory Testing, ('_nnfn�hni�nl rnnct iffinn k Pnnnrtinn Limited Site Investiciation (LSI) Additional services not part of the base fee include the following: i Private Utility Locate Service 1 i $2,400 Sup 1 plemental environmental borings $6,760 Supplemental environmental monitoring during construction $4,500 ($1,500 per day_7budgeted for 3days)_ Tree Clearinq �if required) i $2,500 per . . ...... ... . . ........ Plans and Specifications Review $850 Construction Materials Testinq TBID Services i - --- - ---------- - ----------- - ------------------------ . .... - ----------------------------------- If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. A breakdown of the fees for geotechnical services is attached. Unless instructed otherwise, the invoice will be sent to your attention at the above address. Should it be necessary to expand our services beyond those outlined in this proposal, we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization, as evidenced by your signature on the Supplement Agreement form. Responsive w Resourceful a Reliable 8 Revised Proposal for Geotechnical Engineering and Environmental Services Proposed 16-inch Transmission Main o Schertz, Texas March 16, 2021 a Terracon Proposal No. P90205189R1 Terracon and Kimley-Horn have a Master Service Agreement for in place (dated March 22, 2016). The proposed Scope of Services may be authorized by a Purchase Order referencing the existing Master Services Agreement. Services will be initiated upon acceptance of PO and receipt of authorization with written notice to proceed (including e-mail). The terms, conditions and limitations stated in the Master Services Agreement, including sections of this proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project. We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. If you have any questions regarding this proposal, please feel free to contact the undersigned. Sincerely, Terracon Consultants, Inc. (Firm Registration: 7X F3272) 1,4,7 -0 Tariqul Anwar, P.E. Project Engineer Attachment: Environmental Boring Locations Fee Breakdown (Geotechnical) G f e F E Senior Consultant Responsive m Resourceful w Reliable 9 Project Manager: Project No TA P90k5189 Environmental Boring Locations Exhibit Drawn by: Scale: LN AS SHOWN Hwramn Checked by: File Name: Proposed 16-inch Transmission Main Line pip Exhibit 1 6911 Blanco Road Near Roy Richard Road Approved by: pip 3-10-2021 San Antono, Texas 78216 Schertz, Texas Fee Breakdown for Final Geotechnical Study Proposed 16-inch Water Transmission Main Schertz, Texas Proposal No. P90205189R Geotechnical Borings Quantity Unit Rate Subtotal TXDOT / City Permit & Traffic Control 4 each $1,500.00 $6,000.00 Drill Rig and Crew Mob/Demob 4 each $350.00 $1,400.00 Drilling and Sampling - Soil 390 ft $17.00 $6,630.00 Senior T chnician (Drilling & Utility Coordination) 50 hour $75.00 $3,750.0 Ivehicle Charge 5 each $100.00 $500 $18,280.00 Laboratory Testing Quantity Unit Rate Subtotal Water Content 146 each $10.00 $1,460.00 Liquid and Plastic Limits (3 points) 50 each $95.00 $4,750.00 Sieve Analysis (No. 200) 20 each $50.00 $1,000.00 Density of Undisturbed Samples - Soil 5 each $15.00 $75.00 Unconfined Compression - Soil 5 each $60.00 $300.00 Pocket Penetrometer 40 each $5.00 $200.00 Soluble Sulfates (TEX-145-E) 10 each $30.00 $300.00 Maximum Density Relations (proctors) 3 each $225.00 $675.00 CBR, Three Point 3 each $150.00 $450.00 Lime modification optimum (using pH) 3 each $85.00 $255.00 Soil-lime mixture design (using plasticity index) 3 each $250.00 $750.00 $10,215.00 Professional Services Quantity Unit Rate Subtotal Project Principal 14 hour $200.00 $2,800.00 Project Manager 33 hour $150.00 $4,950.00 Staff Engineer 20 hour $120.00 $2,400.00 ICIerical 4 1 hour 1 $60.00 1 $240.00 $10,390.00 Total Estimated Fee $38,885.00 7k SEVEN ARROWS L A N D 5 T A F F April 6, 2021 zi�E� Kimley-Horn and Associates, Inc. Attn: Stephen J. Aniol, RE. 601 NW Loop 410, Suite 350 San Antonio, TX 78216 Re: City of Schertz Dedicated Transmission Main Land Rights Acquisition Services SCOPE OF SERVICES GENERAL: The City of Schertz (City) has real estate impacts associated with the Dedicated Transmission Main Project (the Project) which will include appraisal and real estate acquisition services. 7Arrows Land Staff, LLC (7Arrows) shall provide a variety of services to support Kimley-Horn and Associates, Inc. (Kimley-Horn) and the City in execution of the project including appraisal and land rights acquisition services. 7Arrow's services may also include, as directed by City, assistance with open houses or similar meetings with the public, presentations to all approval authorities, and other real estate and property work that may be needed from time to time to support the timely execution of the project. BASIC SERVICES: 7Arrows shall render the following professional services in connection with the development of the Project. 1. Title Services for 20 Parcels a) Review preliminary title commitment (Schedules A, B & C) or preliminary title search information for all properties. b) Secure title commitments and updates in accordance with insurance rules and requirements for parcel payment submissions for properties which will be acquired in fee simple and for ROW easements. c) Secure title insurance for all parcels, insuring acceptable title. Cure all exceptions on Schedule C, when applicable. Written approval by City will be required for any exceptions to coverage. d) Attend closings and provide closing services in conjunction with Title Company for all tracts. e) Record all original instruments immediately after closing at the respective County Clerk's Off ice. f) Research title and provide Condemnation Title Report to legal counsel for property rights that will be acquired through Eminent Domain. (See item 7 below) BRIDGING THE GAP .... between design & construction www,7arrowsland.com 7k SEVEN ARROWS Z. Appraisal Services for 18 Permanent/TCE and 2 Temporary Construction Easement Acquisitions a\ Kjnn|ey-Horntoprovide right ofentry|ettersforuseb«appraiser. b\ Prepare and conduct personal pre-appraisal contact with interest owner(s) for each parcel. c) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. d\ Finalize complete appraisal report for each parcel. These reports shall conform to the City's policies and procedures along with the Uniform Standards of Professional Appraisal Practice. e\ All completed appraisals will be administratively reviewed and approved by the City. f) Appraisal fee could be adjusted based on complexity of evaluation within range provided in Fee Schedule. 3. Negotiation Services for 18 Permanent/TCE and 2 Temporary Construction Easements Acquisitions a\ Analyze appraisal reports and confirm approved value prior to making offer for each parcel. b\ Analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies. (Exhaust all efforts to obtain subordinations of liens, waiver of lienholders and clear any title, if 7Arrows staff cannot cure title through standard practices, the City will be responsible for obtaining legal counsel to remedy any tile deficiencies as required by title or alternatively, may elect to close the easement without a title policy). c) Prepare the initial offer letter and any other documents required or requested by the City in an acceptable form. d\ Contact each property owner orowner's designated representative and present the written offer in person where practical. When owners do not wish to have offers delivered inperson, they will be mailed via certified mail with return receipt for documentation ofdelive'v/receipt. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. e\ Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer. f) Respond to property owner inquiries verbally and/or in writing within two business days. 0) Prepare a separate negotiator contact report for each parcel file for each contact. h\ Maintain parcel files of original documentation related to the purchase of the real property or property interests/acquisition of the Easement or Right of Way. i) Present counteroffers ina form as directed by the City. Transmit any written counteroffer from property owners including supporting documentation, and Agent's recommendation with regard to the counteroffer. BRIDGING THE GAP .... between design &construction 7k SEVEN ARROWS j) Prepare second and final offer letter as necessary. 4. Acquisition/Closing Services for 18 Permanent/TCE and 2 Temporary Construction Easement Acquisitions a\ Prepare check request review closing documents and facilitate execution of all necessary documents. Attend closings and provide closing services in conjunction with Title Company for all tracts. b\ Transport any documents to the City and landowner for signatures. d Record or cause to be recorded all original instrunnents immediately after dosing at the respective County Clerk's Office. d) Review Title Policy and provide to City for permanent storage. 5. Project Administration for 18 Permanent/TCE, and 2 Temporary Construction Easement Acquisitions a\ Maintain current status reports of all parcel and project activities. b\ Provide bi-weekly update reports to Kinnley-Horn. c) Participate in up to IO project review meetings as requested, all additional meetings will be charged on a per hour basis. d\ Copy designated Kimley-Horn representative on all property owner correspondence. e\ Maintain copies of all correspondence and contacts with property owners. f) Update database with current status information and documentation. 0) Condemnation Support Services are not included in the Basic Scope of Services. BRIDGING THE GAP .... between design &construction 7k SEVEN ARROWS SUPPLEMENTAL SERVICES (Not contemplated within BASIC SCOPE & FEE): G. CondernnodonSu000rt a\ Upon receipt to proceed with Eminent Domain from City, order updated "Condemnation Limited Title Report" (search parameters set by City and/or outside legal counsel) b\ Prepare condemnation package as directed by City and deliver to City's designee or legal counsel. c) Upon notification from City, request update ofappraisal. d\ As necessary, the appraiser will appear and or testify as an Expert Witness in enninentdornain proceedings and be available for pre-hearing or pre-trial meetings as directed by City (additional fees tobe charged onan hourly basis\. e) As necessary, R(]VV Manager will appear and provide Expert Witness testimony when requested (Additional fees will be charged onan hourly basis\. M Supplemental Appraisal Fee to be applied for complex appraisals as needed. 7. |n the Basic Scope of Services, all land rights are anticipated to be acquired as Permanent Easement or Temporary Construction Easements. Should the City of Schertz determine that In Fee Acquisition is needed, this scope contemplates acquisition of up to 6 In Fee Parcel Acquisitions as a Supplemental Service tothe Basic Scope and Fee. Submitted By: —som- NicoleCoetaozu,Managing Partner Date: 4/6/21 BRIDGING THE GAP .... between design &construction 7k SEVEN ARROWS L A N D 5 T A F F City of Schertz Dedicated Transmission Main FEE SCHEDULE — BASIC SERVICES ACQUISITION SERVICES: .................. ......... Title & Title Curative $1,500.00 Administrative Fee $1,500.00_ *Permanent Easement/ROW Acquisition $3,000.00 "Temporary Construction Acquisition $2,000.00 Closing Services $1,500.00 *18 Parcels with PEITCE @ $7,500 $135,000.00 **2 Parcels with TCE Only @ $6,500 $13,000 ACQUISITION SUBTOTAL: $148,000.00 APPRAISAL SERVICES: Permanent Easement & TCE $3,500.00 to $4,500.00 Temporary Construction Easement Only $3,000.00 - $4,000.00 18 Parcels with PEITCE @ $4,000 $72,000.00 2 Parcel with TCE Only @ $3,500 $7,000.00 APPRAISAL SUBTOTAL: $79,000.00 TOTAL ESTIMATED COST: $227,000.00 BRIDGING THE GAP .... between design & construction www.7arrowsland.com 7k SEVEN ARROWS L A N D 5 T A F F FEE SCHEDULE — SUPPLEMENTAL SERVICES affi 4 Additional Parcels PE/TCE Acquisition @ $7,500 per parcel $30,000.00 PE/TCE Appraisal @ $4,500 per parcel $18,000.00 In Fee Acquisition @ $7,500 per parcel (6 parcels) $45,000.00 In Fee Appraisal @ $5,000 per parcel (6 parcels) $30,000.00 Appraisal Updates for Condemnation (3 parcels) $13,500.00 Supplement Appraisal for complex properties $9,000.00 ROW Manager Hourly Rate $200.00 Agent Hourly Rate $125.00 *7Arrows only charges for services performed on each parcel. *Estimate includes up to 10 project meetings with ROW Manager, all additional meetings will be charged at hourly rate. *Estimate excludes condemnation support. BRIDGING THE GAP .... between design & construction www.7arrowsland.com tot THE Ri os GRoup March 10, 2021 RE: Subsurface Utility Engineering City of Schertz - Transmission Main Dear Mr. Aniol: The Rios Group, Inc. (TRG) is pleased to submit a cost proposal for Subsurface Utility Engineering (SUE) for the above referenced project. This proposal is based on information provided via email on March 7, 202 1. Introduction TRG will perforrn SUE services for this project in general accordance with the recommended practices and procedures described in ASCE publication CFASCE 38-02 "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." As described in the publication, four levels have been established to describe and depict the quality of subsurface utility information. The four quality levels are as follows: • Quality Level D (QL"D") — Information obtained from existing utility records. • Quality Level C (QL"C") — Surveyed data depicting visible above-ground features supplemented with QL"D" information. • Quality Level B (QL"B") — Two-dimensional horizontal information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating," this level incorporates QL"C" information and provides horizontal positioning of subsurface utilities to within approximately 1.0 foot. • Quality Level A (QL"A") — Three-dimensional horizontal and vertical information obtained through non-destructive vacuum excavation equipment to expose utilities at critical points. Also known as "locating," this level incorporates QL"B" information and provides horizontal and vertical positioning of subsurface utilities to within approximately 0.05 feet. Scope of Work Based on information provided by Kimley-Hom (Client), TRG has developed a proposed scope for SUE services on this project. This scope may be modified, with Client and TRG concurrence, during the performance of work if warranted by changing or unexpected field conditions. The base scope of this proposal includes QL "B" and QL"A" SUE. In general, SUE services are requested within the limits of the City of Schertz Transmission Main project in Schertz, TX. TRG will research utility records and attempt to designate (QL "B") existing underground utilities within the proposed 16" transmission main alignment at up to eight (8) street crossings. TRG will designate all utilities within a 50 radius of the intersection as shown within the red clouded area on Exhibit B to this proposal. As agreed, to with the Client, this scope of work includes mapping of the following utilities: water, reclaimed water, chilled water, wastewater, natural gas, gas/oil pipelines, electric, telephone, fiber, 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 14ffigy Fnghieeririg L"fility ("oordinalion City of Schertz - Transmission Main March 10, 2021 Page 2 of4 duct banks, cable TV, and storm sewer. It is assumed that TRG will invert all sanitary sewer and storm sewer lines and that those utilities will be shown as QL "C" within the project limits. Overhead utilities and irrigation lines are excluded from this scope of work. The base scope also includes up to forty-seven (47) QL "A" test holes all located within the limits of the City of Schertz — Transmission Main Project — Schertz, Texas. To layout the test hole locations, TRG will perform QL"B" SUE designating in accordance with the QL "B " — Designating procedures described below. TRG will attempt to designate the requested utility for 10 feet on each side of the test hole locations. Forty-two (42) of the proposed test hole locations are shown on Exhibit B. TRG has also included up to five (5) additional test holes, if required. Supplemental Services: As supplemental services, the client has requested TRG to provide an estimated fee for additional QL"A" & QL"B" SUE Services. If required, this supplemental fee estimate includes up to two (2) days of QL"B" and up to five (5) QL"A" SUE test holes. The survey of QL "B " and QL "A " SUE information is not included in this scope of work. It is assumed that Sherwood Surveying will provide survey of TRGs paint marks andflags. Any necessary Right-of-Entry (ROE) permits, including railroad ROE, will be provided by the Client prior to the start of TRG field work. TRG Procedures OL "D " and "C Records Research and Sur/ace Feature Surve It is the responsibility of the SUE provider to perforrn due-diligence with regard to records research and the acquisition of available utility records. The due-diligence provided for this project will consist of contacting the applicable One Call agency and associated utility owners/municipalities, visually inspecting the work area for evidence of utilities, and reviewing available utility record information. Additional utilities not identified through these efforts will be referred to as Unknown utilities. QL "B " — Desia_natin Following a review of the project scope and available utility records with the project manager, TRG field personnel will begin designating the approximate horizontal position of known subsurface utilities within the project area. A suite of geophysical equipment that includes magnetic and electromagnetic induction will be used to designate conductive utilities. Where access is available, a sonde will be inserted into non- conductive utilities to provide a medium for transmission which can then be designated using geophysical equipment. Non-conductive utilities can also be designated using other proven methods, such as rodding and probing. TRG will make a reasonable attempt to designate Unknown utilities identified during field work; however, no guarantee is made that all Unknown utilities will be designated. Utilities will be marked and labeled to distinguish type and ownership. Field data depicting the designated utilities, as well as relevant surface features, will be produced to ensure accuracy and completeness of subsequent survey data. The TRG project manager will review the collected survey data, field data, and utility records for accuracy and completeness. QL "A " — Locating TRG will utilize non-destructive vacuum excavation equipment to excavate test holes at the requested locations. To layout the test holes, TRG will follow the QL "B " — Designating procedures described above. Once each utility is located, TRG will record the size, type, material, and depth. Test holes will be uniquely marked. Excavations will be backfilled by mechanical means with the appropriate material, 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 Subsurf,,,wc 1-J-61ity 1rigincering I 1..'tility Coordination City of Schertz - Transmission Main March 10, 2021 Page 3 of 4 and the original surface will be restored. If necessary, TRG can core pavement up to a depth of 12 inches. Asphalt surfaces will be repaired with an asphalt cold patch, and concrete cores will be epoxied in place, flush with the surrounding surface. TRG assumes that flowable fill will not be required when backfilling test holes and that full- section pavement repair (including sidewalks) will not be required to restore the original pavement surface. If requested, these services can be provided at an additional cost. TRG will establish any necessary routine traffic control measures at no additional cost. However, if non - routine traffic control measures (lane closures, traffic detours, flagpersons, etc.) are required, this service will be invoiced as a direct expense. Due to the risk of damage, TRG will not attempt to probe or excavate test holes on AC water lines unless approval is obtained from the owner in advance. Additionally, excavation in rock, or to a depth greater than 18 feet, is considered beyond the scope of this proposal. TRG has made the following assumptions with regard to the test holes on this project: • All test holes will be accessible to truck- mounted vacuum excavation equipment. • Right -Of -Way (ROW) permits from the City of Schertz (COS) will be required. TRG will obtain all required permits and ensure that coordination and compliance is provided. • Designed traffic control plans will not be required. • Non- routine traffic control measures may be required depending on test hole locations. TRG will acquire the services of a qualified Maintenance -Of- Traffic (MOT) Subcontractor and ensure that adequate traffic control is provided. • The coring of pavement may be required. Deliverables TRG will provide the following as a final deliverable to the Client: • A utility file in CAD format depicting all designated and located utilities. The Client will provide TRG with any necessary background files for use in completing the final deliverables. • A summary sheet of all test hole coordinate data and depth information. • 8.5" x 11" Test Hole Data Forms for all test hole locations completed. These plans will be signed and sealed by a Professional Engineer and delivered to the Client in electronic PDF form. Schedule TRG can mobilize within three (3) weeks of receiving Notice -To- Proceed (NTP). TRG estimates that the base scope of work can be completed in thirty -seven (37) working days, broken down as follows: • Layout test holes — 4 days • QL`B" field work — 3 days • QL "A" field work — 20 days (after permit approval) • QL "A" deliverable preparation —10 days (after receipt of survey data) TRG estimates that the Supplemental Services Scope of work can be completed in thirteen (13) working days, broken down as follows: • Layout test holes — 1 day • QL`B" field work — 2 days • QL "A" field work — 3 days (after permit approval) • QL "A" deliverable preparation — 7 days (after receipt of survey data) 1.740 Universal City Boulevard, Suite 200 ( Universal City, Texas 781.48 ( Phone: 210.981.3050 siabsurf ""Ic. l_ Edit 11figiliceriRig 1 t;'fflity Coor lily afio City of Schertz - Transmission Main March 10, 2021 Page 4 of 4 Estimated Fee The total estimated cost to complete the base scope of work described herein is Eighty -One Thousand Five Hundred Twenty -Five Dollars and 00/100 ($81,525.00). An itemized breakdown of cost is provided in Exhibit A -1. The total estimated cost to complete the supplemental service scope of work described herein is Thirteen Thousand Two Hundred Forty Dollars and 00 /100 ($13,240.00). An itemized breakdown of cost is provided in Exhibit A -2. We look forward to working with you on this project. If there are any questions, please do not hesitate to call at 210.981.3050. Respectfully, The Rios Group, Inc. Albert John Saldivar Project Manager 1.740 Universal City Boulevard, Suite 200 ( Universal City, Texas 781.48 1 Phone: 210.981.3050 I'Al yincering i t.'fiflty Coordirlad ll 31, iLIU'LL4,.GLR0Li L, Estimate for Subsurface Utility Engineering Transmission Main - Base Schertz, TX 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.364.8422 Subsurface Utility Engineering l Utility Coordination Assumed Unit of Direct Expenses Rate Sub-Total Quantity Measure ROW Permits (City of Schertz) $ 25.00 15 EA $ 375.00 Traffic Control (Standard) $ 350.00 8 DAY $ 2,800.00 Flowable Backfill $ 270.00 15 EA $ 4,050.00 Deliverable Preparation $ 7,500.00 1 LS $ 7,500.00 Sub-Total $ 14,725.00 Assumed Unit of QL"B" SUE Designating Rate Sub-Total Quantity Measure QL"B" SUE (2-Man) $ 2,500.00 3 DAY $ 7,500.00 Test Hole Layout (1-Man) $ 1,500.00 3 DAY $ 4,500.00 Sub-Total $ 12,000.00 QVA" SUE Test Holes Assumed Unit of Unit Rate - Depth Rate Sub-Total Quantity Measure 0 - 4 feet $ 850.00 24 EA $ 20,400.00 4 - 8 feet $ 1,150.00 14 EA $ 16,100.00 8 -12 feet $ 1,450.00 9 EA $ 13,050.00 12 - 18 feet $ 2,300.00 EA $ - Pavement Coring $ 350.00 15 EA $ 5,250.00 Test Hole Total 47 Sub-Total $ 54,800.00 Total Estimated Cost $ 81,525.00 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.364.8422 Subsurface Utility Engineering l Utility Coordination 31, iLIU'LL4,.GLR0Li' L, Estimate for Subsurface Utility Engineering Transmission Main - Supplernental Schertz, TX 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.364.8422 Subsurface Utility Engineering � Utility Coordination Assumed Unit of Direct Expenses Rate Sub-Total Quantity Measure ROW Permits (City of Schertz) $ 25.00 2 EA $ 50.00 Traffic Control (Standard) $ 350.00 1 DAY $ 350.00 Flowable Backfill $ 270.00 2 EA $ 540.00 Deliverable Preparation $ 1,000.00 1 LS $ 1,000.00 Sub-Total $ 1,940.00 Assumed Unit of QL"B" SUE Designating Rate Sub-Total Quantity Measure QL"B" SUE (2-Man) $ 2,500.00 2 DAY $ 5,000.00 Test Hole Layout (1-Man) $ 1,500.00 0.5 DAY $ 750.00 Sub-Total $ 5,750.00 QVA" SUE Test Holes Assumed Unit of Unit Rate - Depth Rate Sub-Total Quantity Measure 0 - 4 feet $ 850.00 3 EA $ 2,550.00 4 - 8 feet $ 1,150.00 2 EA $ 2,300.00 8 - 12 feet $ 1,450.00 EA $ - 12 - 18 feet $ 2,300.00 EA $ - Pavement Coring $ 350.00 2 EA $ 700.00 Test Hole Total 5 Sub-Total 51550.00 Total Estimated Cost $ 13,240.00 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.364.8422 Subsurface Utility Engineering � Utility Coordination April 6, 2021 Mr. Stephen J. Aniol, P.E. Kimley -Horn and Associates, Inc. 601 NW Loop 410, Suite 350 San Antonio, TX 73216 Submitted electronically via email: qL) , � ^�i )kin? o . o Subject: City of Schertz 3.53 - mile -long pipeline route for the proposed 16" dedicated transmission water main connecting the Live Oak tank site to the 1 -35 tank site for the City of Schertz. Dear Mr. Aniol: Thank you for your interest in Sherwood Surveying & S.U.E. capabilities. We appreciate the opportunity to assist you with your surveying needs for the above - mentioned project. We have a general understanding of the project needs based on your emails and have based our proposal on this understanding. Scope of Work The scope of work for this project includes the following: 1. Cross sections at 50 -foot intervals at all public street crossings (ROW to ROW /top of curb /gutter /center line and /or striped line). 2. Cross sections at 100 -foot intervals along the pipeline alignment 3. Obtain elevation shots in grid format within 100 -feet of each public street crossing. 4. Locate and pick up noticeable sags /crests that do not follow the normal terrain. 5. Locate and pick up flowline and channel /creek bed characteristic (Top /Toe) for all drainage areas within project limits. Pick up all changes in drainage channel alignment and boundaries. 6. Pick up dimensions & flow lines of all drainage infrastructure within the project limits; include all pipe sizes and flow direction. 7. Call "One Call" and /or individual entities or service providers for locates, pick up utility locates, and pick up visible utility appurtenances within project limits. Review and include utilities from record drawings and contact Project Manager if additional data is needed to clearly define existing utilities. Water and sewer from all entities must be included in the survey and provide all inverts from manholes. Any manhole lids that are bolted down must be opened by surveyor, utilizing necessary tools required. Notate owner of each utility in separate utility base file. 1. At each location where transmission main crosses existing sewer, surveyor shall obtain upstream and downstream manhole information, including top of manhole, flowline inverts, direction of flow and size of pipes. This data will be used to calculate approximate top of sewer pipe at pipeline crossing. 8. Locate and pick up all traffic signal equipment at Old Wiederstein and Cibolo Valley to include length of mast arms on signal poles and include location and number of all signal heads, dimensions of any traffic equipment footing or foundations (where designated). 9. Pick up curbing, flatwork, wheelchair ramps, driveway cuts, roadway pavement limits, striping, signage, etc. within project limits. 10. Locate and pick up all trees in the right -of -way and describe size and type (8" diameter and above within City of Schertz. 6" diameter and above within City of Cibolo.). Surveyor is responsible for accurately identifying trees. Provide detail tree survey including tree inventory information. 11. Pick up any visible monumentation, confirmed rights -of -way, property pins and parcel boundaries and show all on files. 12. Provide sufficient control points at a maximum spacing of 250' within project limits, adding additional to account for maintaining line of sight at all bends in alignment. Each control point shall be outside of the currently proposed permanent easement whereas to not be removed during construction. Surveyor shall coordinate with KHA prior to setting control 13. Prepare files using AutoCAD 2018 or higher ensuring thorough quality control and quality assurance. 14. Add break lines at lane lines (center line), face of curb, ROW and grade breaks at drainage channels, including top, toe and flowlines etc. Sufficient breaklines should be added to produce accurate cross sections 15. Locate and pick up geotechnical soil and pavement bores (est. up to 25 locations — combined for soil and pavement bores). This will be completed further into the 60% design phase. Survey will be responsible for coordinating with Geotechnical field representatives to identify locations. Assume 2 trips. 16. Locate and pick up all SUE QL -A and QL -B within project limits (est. 50 QL -A locations and QL -B at each public street crossing (8) in base scope). Assume 50' QL -B at each street crossing, ROW to ROW. Survey will be responsible for coordinating with SUE field representatives to identify locations. Assume 3 trips for QL -A and 4 -trips for QL -B. 17. Provide a separate file for all SUE work. Also, update the utility base file that incorporates SUE QL -A and QL -B data collected. Within QL -A and B areas, QL -C and QL -D shall be removed and QL -A /B shall be clearly notated on both files. 18. Provide separate survey file for geotechnical soil and pavement bores 19. All existing easements within project limits shall be included in survey file. Survey shall complete necessary easement research to accurately depict all easements. Easements shall be labeled in survey including owner, type, width, etc. 20. Re- survey Dietz Creek Channel Improvements area in accordance with attached design plans, prepared by others. Process and incorporate new survey data into base file and resubmit. Per 2 6 8 i 2a'. a E E� k • � `�' @a: IN OR, ZH' dX 700,701 r#'" °SHE K000SU &O "6 LS FINN M944M plans prepared by others, channel improvements are limited to grading and re- establishing centerline. Utility relocations are not planned. 21. Locate and pick -up environmental borings (2 EA). Deliverables: All survey shall be performed in English Units — US Survey feet, NAD83 Texas State Planes, South Central Zone, surface coordinates. All control will be assumed. DWG files must contain control points as outlined above, drawn to the proper project coordinates and must represent physical "out -on- the - field" control. The points must be labeled in the file to at least the fourth decimal place. The survey data shall be prepared and provided in AutoCAD 2018 or higher. The entire survey shall be continuous and contained in one file using standard CADD drafting procedures and practices. Surveyor shall collect all ground features to ensure enough mass data points are included to develop a PS &E quality DTM, to depict the entire terrain within the project limits. All visible utilities and drainage features are to be collected and detailed including any overhead facilities, vegetation must be identified to include species and size. Also, any monuments such as iron pins and TxDOT markers are to be located and included in survey file. All fences, buildings, parking lots, sidewalks and any obvious features shall be located and identified. For all overhead power supply, transmission, and electric lines, survey shall obtain height above existing ground and notate in survey file. Also, for all power transmission foundations, survey shall pick up actual diameter of foundation with at least two survey shots on foundation and two survey shots on existing ground. Topographic files should be in 2D & 3D format. The 2D file must be prepared to use as a topographic background to represent existing conditions on construction drawings. Provide description of elements, flow lines, pipe sizes, top of manholes, etc. on the 2D file with an arrow pointing to the element in order to maintain clarity. The 3D file must contain 3D points in a separate point group representing the actual terrain, including all spot shots, break lines, and voids suitable for developing a DTM triangle model within AutoCAD Civil 3D. Level structure on all electronic files developed for Kimley -Horn must follow Kimley -Horn CADD standards, to be provided to surveyor prior data collection, so that elements of distinctive types reside on a specific layer and can be manipulated individually. Layer mixing between infrastructure and entities will not be accepted. Utilities such as sewer lines, water lines, gas lines, telephone, CATV, electric conduits, and aerial must reside on discrete levels and linestyles. Size of utility shall be included in each linestyle. Power poles shall be drawn in a layer of their own as well as any drainage infrastructure, traffic signal, illumination, and concrete surfaces. Text on DWG files shall be relative to the final plot scale as dictated by the Project Manager (1 " =40' is desirable). Font 5 (Bridge) is requested for the text used in the survey. Text must be on discrete levels with similar naming to what it represents so it can be manipulated individually or turned off on construction drawings. Text must also be placed parallel to the roadway or pipeline alignment it corresponds to. For plan development purposes, plan sheets will begin at FM 3009 and work towards the 1 -35 tank site at Hope and Tulip. Files Provided by Kimley -Horn - Survey Boundary .KMZ - Transmission Main Alignment .KMZ - Right of Entry exhibit - Easement spreadsheet identifying current proposed temporary construction and 3 *301 ne-57NO, 1 E 1 E sn- 170 ' PI OIE -a 164-VIM 3111 S ' P; CIIII TUMID a ,P WWWSflERVOQDSHR&T"WG,'CDK 0 IORLS FIRM 91994QUO permanent easements, and joint use agreements. Tentative SUE Plan with QL -D Utility Data Dietz Creek Channel Improvements plans prepared by others. Final Deliverables: Design Milestones will include 60 %, 100% unsigned, and Final The surveyor shall provide the following deliverables: - An ASCII file with all point numbers and descriptions, X,Y,& Z, P -code format and a DWG file with a full description of all control and benchmark information. - Complete topographic AutoCAD 2D and 3D files including surface, code lists, field notes and sketches shall also be submitted when electronic files are delivered. - Separate utility base file - Separate base file for geotechnical data - Separate base file for SUE QL -A /B data - A project control sheet with pertinent benchmark and control points will be signed and sealed by the RPLS and prepared for submittal, and will be included in the final construction drawings developed for the project. o Account for 60 %, 100% unsigned and final design milestones - Develop and submit a parcel and easement strip map signed and sealed by the RPLS, which is to be included into the final construction drawings. Assume 22" x 34" plan sheets, horizontal scale of 1" = 200', double plan (5 plan sheets) o Account for 60 %, 100% unsigned and final design milestones - Plat & Field Notes including permanent and temporary construction easements, boundary survey, and PFNs. For basic services, estimate 19 PFNs to be developed. Reference current Right of Entry status exhibit and easement spreadsheet. - A detailed tree survey and tree inventory for trees within the project limits, listed in CAD file and .XLS spreadsheet • for trees with a minimum 8 -inch diameter within the City of Schertz project limits and a minimum 6 -inch diameter within the City of Cibolo project limits. • Revised survey base file for Dietz Creek channel improvements, including updated surface. Base Services Fee Schedule 1. Topographic Survey — $88,500.00 2. Detailed Tree Survey — $29,700.00 3. Obtain Geotechnical Information with Supporting Files — $5,800.00 4. Obtain SUE Information with Supporting Files — $8,500.00 5. Project Control Sheet — $4,800.00 6. Easement Strip Map — $5,200.00 7. Plat and Field Notes — $20,900 ($1,100 per plat and field note set). 8. Dietz Creek Channel Improvements re- survey. - $6,300.00 Total Base Services = $169,700 Supplemental Services Fee Schedule 1. Plat and Field Notes (3 EA) — $3,300 ($1,100 per plat and field note set). 2. Survey trip to obtain additional Geotech — $3,500.00 (one mobilization) 3. Survey trip to obtain additional SUE — $3,800.00 (one mobilization) 4. Survey trip for additional Environmental Phase 11 Sampling — $3,500.00 (one mobilization) 5. Additional one (1) day survey trip to obtain miscellaneous survey — $2,500.00 (one mobilization) Total Supplemental Services = $16,600 4 0 0W X20- P.S. R UK W97 TX 7G , PWNWSHER11000 SUP,V CO 7 FE( FELS FIRM 91994MOD Any additional reimbursable expenses that may be accrued through the course of this project such as excessive plotting, faxes or other reasonable expenses shall be billed at cost plus 15 %. All invoices for reimbursable expenses shall be accompanied with copies of invoices /receipts as needed. Availability Sherwood currently has sufficient man -power available to begin the project within 7 -10 business days from notice to proceed, if awarded. We will of course make every effort to meet your needs and expectations. Additionally, due to the current situation with COVID, response times may be slower and cannot be guaranteed during these uncertain times. Sherwood Surveying will, however, monitor the situation closely and work hard to keep the project moving in a timely fashion. Validity This lump sum proposal is valid for 30 days from the date of the letter. Sherwood is fully insured and will provide proof of same if needed. 5 1 w e l vs-m' IF emx)8851110 9 Pf, I 01, 2 J 9 E 311, 9 ,.FK TX78970 ` MF 99 SflRV t1 , I RMSHRM 019044209 Invoicing Partial, monthly with progress report, invoicing will be mailed to your attention throughout the course of the project. Invoices will be uploaded to Kimley -Horn SMP and emailed to: 51gptl,f,�Ll €li � kir f i l r rrr,corn and , Rebek � rar b1i tt r r : , . I,r rr c, t. We use Levelset to help manage our payment paperwork such as notices, waivers, and pay apps. These documents notify you that our company is providing labor or materials to help ensure everyone is in the loop. Sending these documents is often legally required because they help create visibility so payment problems can be spotted and addressed. It is our hope to maintain transparency and open communication to ensure this and every job goes smoothly. We appreciate your consideration of Sherwood for this project. If there is anything that you would like to discuss about this proposal or additional information that you require, please do not hesitate to contact us. Should you find this proposal and terms acceptable, please indicate so by signing and dating this document below and return. Sincerely, /-`1 Rico Laijas Department Manager Sherwood Surveying & S.U.E., LLC Re: Schertz Dedicated Transmission Main Project Approved Date Name (print) Title m PROPOSAL TO CONDUCT A CULTURAL RESOURCES ASSESSMENT OF THE SCHERTZ DEDICATED TRANSMISSION MAIN PROJECT, GUADAL UPE COUNTY, TEXAS Proposal Date: March 15, 2021 PREPARED BY: 1 Todd McMakin Stone Point Services, LLC Nil 11827 County Road 41 Tyler, TX 75706 903 - 881 -3103 INTRODUCTION Thank you for the opportunity to provide a scope and fee for this project. Stone Point Services, LLC is a small, woman -owned business with extensive experience working with projects of this nature. We have the personnel available to ensure that this project is conducted in an efficient and timely manner. Our goal is to provide Kimley -Horn with a cultural resources survey that will meet or exceed the requirements of the Texas Historical Commission (THC) and any federal agency with review authority. Our Principal. Investigator and Senior Archaeologist, Todd McMakin, has worked directly with the THE on numerous projects. Likewise, Mr. McMakin has worked in the field of archaeology for over 30- years. Our supporting staff includes GIS specialists, senior level archaeologists, architectural historians, and archeological field technicians. Stone Point Services is fully insured for your protection, and we have detailed safety training and protocols to ensure that this project can be completed safely. Based on our understanding of the proposed project, current site conditions, and our estimate of time and expenses, we can perform the scope of services for the following lump sum fees: Desktop Analysis: $350 Cultural resources survey: $13,750 Mechanical (deep) testing for archeological sites: $19,780 BACKGROUND INFORMATION Stone Point Services was contacted on March 3, 2021 to provide a scope and fee for this project by Sierra Gibbons of Kimley -Horn via e -mail communication. A linear utility line totaling approximately 3.7 -miles is to be surveyed for cultural resources. The purpose of this survey is to identify cultural resources (archaeological and historic) that may be impacted by the proposed construction. Stone Point Services is providing this proposal to outline the requirements of the THC and how the proposed survey scope will meet these requirements. This proposal includes a cost estimate to conduct a desktop analysis, a pedestrian archaeological survey, and deep testing for archeological materials. The desktop analysis will provide background information about the project area and will be in report format. The archeological survey will include the excavation of shovel test units Stone Point Services, LLC Page 2 in areas where buried cultural resources may be encountered as well as surface inspections, meeting THC standards. The deep testing, a requirement of THC, will include mechanical excavations of trenches to identify deeply buried sites, if present. For each of these options, we will conduct background research for the area which will provide a basic historical overview of the region. Historic aerial maps will be used, along with standard archeological survey techniques, to identify any historic or archeological sites that may be present within the Subject Property. SCOPE OF SERVICES Immediately upon receiving notice to proceed, we will begin gathering background information about the project area. This will include reviews of available data on existing archaeological and historic resources in the area as well as research into the history of this part of Guadalupe County. At the completion of background research, we will have crews in the field to complete the survey. Option 1: Desktop review only The client may request a desktop analysis of the project area is the preferred first action. The desktop analysis will be conducted by a professional archeologist and will not include a field visit. The desktop analysis will be in report format and will include information about previously recorded archeological sites and historic resources (historic standing structures) within one mile of the project area. The desktop analysis will also include information about potential soil types, underlying geology, and high and low potential areas within the proposed action. We will examine readily available data pertinent to the history, prehistory, ethnography, and environment of the study area, including but not necessarily limited to the Texas Archeological Sites Atlas and the TNRIS. The purpose of this research is to develop a general understanding of the study area and how it may have changed through time, to identify previously recorded historic resources, and to generate the information and perspectives needed to predict the likely presence or absence of resources and the likely character of potential impacts. The records examined will include a review of online data containing information about previously recorded archaeological and historic resources in the vicinity of the project area. The results of the literature review will be a compilation of previously recorded cultural resources that are in or near the project area, and also will serve to provide an historical context for the study area. The background research will also include information about standing historic structures and known cemeteries located within one mile of the survey area. As noted above, the purpose of the background research is to inform the client of potentially important cultural resources that have been previously identified near the survey area. Using data from the background research, our researchers can pinpoint those areas that are more likely to include archaeological sites. The background research will likewise help to identify historic resources, such as historic buildings and cemeteries that are located within, or close to, the survey area. Stone Point Services, LLC Option 2: Cultural Resources survey and Deep Testing Page 3 Task 1: Mobilization and Background Research Because this project is located on public property, SPS will begin the paperwork for a Texas Antiquities Permit immediately upon award of the project. Once the appropriate signatures are obtained, the permit will be submitted to THC for assignment of a permit. This process can take up to one month, but usually is no more than one week. As with the Desktop Analysis, we will examine readily available data pertinent to the history, prehistory, ethnography, and environment of the study area, including but not necessarily limited to the Texas Archeological Sites Atlas and the TNRIS. The purpose of this research is to develop a general understanding of the study area and how it may have changed through time, to identify previously recorded historic resources, and to generate the information and perspectives needed to predict the likely presence or absence of resources and the likely character of potential impacts. The records examined will include a review of online data containing information about previously recorded archaeological and historic resources in the vicinity of the project area. The results of the literature review will be a compilation of previously recorded cultural resources that are in or near the project area, and also will serve to provide an historical context for the study area. The background research will also include information about standing historic structures and known cemeteries located within one mile of the survey area. As noted above, the purpose of the background research is to inform the Stone Point Services crew of potentially important cultural resources that have been previously identified near the survey area. Using data from the background research, our researchers can pinpoint those areas that are more likely to include archaeological sites. The background research will likewise act as an early warning of potential problems. Stone Point Services personnel will notify our contact at Kimley -Horn of any potential issues identified during the background research. By having this information early in the process, Kimley -Horn will be better prepared to address potential concerns. Stone Point Services will begin preparing for field investigations during the background research. Task 2: Field Investigations Once necessary research and field preparation are complete, Stone Point Services will be able to start the archaeological survey. The procedures outlined below meet state guidelines for archaeological surveys in Texas. No survey will be conducted until a Texas Antiquities Permit has been awarded for this project. Cultural Resources investigations of the project area will include an intensive archaeological survey using both pedestrian (surface) survey and shovel testing techniques. A pedestrian survey will be used to locate cemeteries, chimneys, earthworks and other above ground features, as well as artifacts lying on the ground surface. In addition to the pedestrian survey, shovel tests will be excavated along a single transect near the center of the proposed utility line. Given the width of the utility line (50- feet), only a single transect is warranted. Shovel tests will be placed at 30- meter, 50- meter, or 100 -meter intervals, depending on the probability of encountering sites. High Stone Point Services, LLC Page 4 potential areas will be excavated at the reduced 30-meter intervals, where highly disturbed or low potential areas will be surveyed with shovel testing at 50-meter or 100-meter intervals. All survey methods will meet the requirements of the THC as stipulated in the Archeological Survey Standards of Texas for Projects of 200 Acres or Less and for linear projects (as modified in 2020). Shovel tests will be at least 30-centimeters in diameter and excavated to sterile subsoil or at least 80-centimeters below ground surface, whichever is encountered first. Each shovel test will be excavated in no greater than 20-centimeter levels. The location of each shovel test will be recorded with a hand-held GPS and plotted on project maps. Soil from the shovel tests will be screened through 0.25-inch wire mesh screen. All shovel tests will be backfilled for safety upon completion. If artifacts are found, additional shovel tests will be excavated at 10-meter or closer intervals in cardinal directions to delineate site boundaries. Sites will be recorded using a hand-held GPS and plotted on USGS 7.5-minute topographic maps and aerial photography. All resources will be mapped using a GPS and ArcGIS. Shapefiles of all project related activities and resources, will be available to our contact at Kimley-Hom during the project and will be submitted to the client at the completion of the project. Maps will be prepared in ArcGIS and can be provided to the client as a JPG (or similar) or PDF file. Temporally diagnostic artifacts recovered during the survey may be bagged by site and relative provenience within each site if field analysis is not possible. Non-diagnostic artifacts will be field analyzed and returned to their original provenience. Each site will be photographed with high resolution digital color images (three megapixels or higher) and documented using Texas archaeological site forms that will be submitted to the Texas Archaeological Research Laboratory (TARL) upon conclusion of the fieldwork. The Project Archaeologist will maintain detailed notes on survey methods, sites identified during the survey, and relevant environmental factors associated with each site. This information will be thoroughly documented in the technical report. Deep Testing The depositional environment along East Dietz Creek is conducive for deeply-buried archaeological deposits as the result of gradual accumulation of alluvial clay. While shallow sites situated on terraces may be discovered and securely delineated through standard shovel testing methods, archaeological sites located within the floodplain may be positioned below thick alluvium. Deeply-stratified archaeological sites would be below the reach of standard shovel testing capabilities and would require the use of mechanical trenching to discover and/or delineate. The Tinn series soil, which is present along approximately 2.4-kilometers (1.5-miles) of the East Dietz Creek floodplain, has the highest probability of containing buried soil horizons and archaeological materials. The Tinn series consists of very deep, moderately well drained, very slowly permeable soils that formed in calcareous clayey alluvium. These soils are on the floodplain of dissected plains that drain the Blackland Prairies. To address the possibility for deeply-buried archaeological sites, mechanical prospection methods should focus on portions of the proposed transmission line that contain Tinn series soils within the floodplain. Stone Point Services will complete between ten and fourteen mechanically-excavated trenches to provide sufficient coverage of the survey area. As these soils contain complex stratigraphy across a wide area, trenching operations will employ a qualified professional geoarchaeologist with previous experience in regional allostratigraphic units and geomorphic processes. Upon Stone Point Services, LLC Page 5 completion of the mechanical excavations, trench walls will be examined for cultural materials, and the soil stratigraphy assessed and recorded. Documentation of the soil -stratigraphy will consist of photographs and the completion of a soil- stratigraphic profile form noting the depth and thickness, Munsell color (moist), consistence (moist), texture (using USDA soil texture nomenclature) soil structure and ped surface features, redoximorphic features, bioturbation features, and lower boundary characteristics for each zone delineated within each trench profile. Stratigraphic, pedogenic, and geochronological interpretations of these profiles will be made after completion of the field work making use of the profile descriptions and available geologic, soils, topographic, and archeological data. Backhoe trenching will follow the mechanical prospection standards and best practices for survey level mechanical prospection, as described in the Intensive Terrestrial Survey Guidelines set forth . by the Standards and Guidelines Committee of the CTA (2020). Trenches will be a minimum of 24 inches (60- cenitmeter) wide and at least 4- meters long to the depth of the proposed action. Trenches will be excavated by slowly peeling off thin (5- centimeter or less) sub - horizontal layers under close monitoring using a smooth - bladed bucket, with subsequent hand cleaning and inspection of the walls and monitoring and inspection of spoil. All positive trenches will be delineated within the limits of the project ROW. All mechanical excavation and documentation . will be performed in a safe manner in full compliance with all applicable OSHA regulations. The Project Archaeologist will be available by cellular telephone during the investigations (depending on cellular service availability) and can answer any questions that may arise. Likewise, updates can be provided to our client contact at any time during the survey via e -mail or telephone. We wish to ensure that Kimley -Horn is updated regularly, or at any interval requested by the client. Immediately after field investigations are concluded, Stone Point Services will begin the final phases of the investigations: analysis, report preparation, and curation. Task 3: Analysis, Report Preparation, and Curation Immediately upon completion of the fieldwork, Stone Point Services will prepare a management summary of the background and field investigations and submit this report to Kimley -Horn for review. The artifacts, notes, photographs, maps, and other project - related materials will be returned to the Stone Point Services office for processing. Artifacts will be washed, accessioned, analyzed, and temporarily housed at Stone Point Services. Stone Point Services will prepare a draft report of the investigations to be reviewed by Kimley- Horn. We will submit a draft report that will describe the methods used, results, and National Register of Historic Places (NRHP) recommendations for each identified site. We will also include recommendations for additional work that may be necessary under pertinent federal and/or state laws. Once the draft report has been reviewed by the client, Stone Point Services will address these comments in a final technical report. Copies of the final report will be submitted to the client. Stone Point Services, LLC Page 6 After acceptance of the report, Stone Point Services will transfer the artifacts and relevant notes to a curation facility that meets the federal curation standards outlined in 36 CFR Part 79 and accredited by the State of Texas. PROPOSED SCHEDULE Proposed Timeline for the Investigations Stone Point Services will begin gathering background data for this survey immediately upon receipt of notice -to- proceed. It is anticipated that fieldwork will begin within three weeks of receipt of notice to proceed (weather and Covid -19 restrictions permitting). We anticipate the survey will take no more than three weeks, weather permitting. Stone Point Services will work with Kimley- Horn on deep testing timing. This timing will be dependent upon the availability of the geoarcheologist and may be affected by weather or other restrictions. A draft report will be available within three weeks of fieldwork completion. I � �151.y�►`I 17_t111 Y: [�77 Y/Ir Y [�7►`I It is our understanding that this project will begin upon receipt of a task order, work order, or signed contract from Kimley -Horn. The lump sum estimate provided below is based on the assumption that the total project area has been accurately described in the bid package and outlined in this document under Background Information. If this information is not correct, please let us know as soon as possible and our estimate will be adjusted accordingly. Small changes to the project area will not require a cost adjustment. Based on our understanding of the proposed project, current site conditions, and our estimate of time and expenses, we can perform the scope of services for the following lump sum fees: Desktop Analysis: $350 Cultural resources survey: $13,750 Mechanical (deep) testing for archeological sites: $19,780 CLOSING Stone Point Services appreciates the opportunity to provide you with this proposal and budget. If. you have any questions about our proposal or need any additional information, please do not hesitate to contact Todd McMakin at 903 -881 -3103 or at 903 -952 -3819 (cell). Stone Point Services, LLC Page 7 Figure 1: General location map Stone Point Services, LLC Page 8 Figure 2: Aerial image showing the project boundaries and the one mile background study area Stone Point Services, LLC Page 9 Figure 3: USGS Schertz quadrangle map showing the project boundaries Stone Point Services, LLC Page 10 Figure 4: Detailed aerial view of the proposed project area Agenda No. 9. ei 10um City Council May 25, 2021 Meeting: Department: Information Technology Subject: Resolution No. 21 -R -46 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a revision of the Not To Exceed Amount of an approved contract with DAC, Inc of New Braunfels, Texas, increasing the total amount from $175,000 to $178,000. (B. James /M. Clauser) BACKGROUND The City approved an agreement with DAC, Inc of New Braunfels Texas to upgrade the city -wide access control system. This was approved in Council resolution 20 — R — 78 in the August 11th regular session. The original agreement specified that the contract total amount would not exceed $175,000 without Council approval. During deployment several additional items were identified that required replacement or upgrade but were within the scope of the original agreement. These items were approved by staff through change orders, bringing the total amount of the contract to approximately $174,000. During the final walkthrough, an additional location was identified that required replacing hardware in the PD. This item, if approved and estimated at approximately $2,700, would then push the total agreement amount beyond the "not -to- exceed' amount of $175,000 as specified in the resolution. GOAL This action will allow the City to complete phase one of the City -wide access physical and network security review and upgrades. COMMUNITY BENEFIT Completing this final item as identified as part of the original scope would allow the City to move forward with additional work related to increasing the physical security of the City's facilities. 61"Od"Mm 01 1 1 I Staff recommends that Council authorize the revision of the agreement approved in Council Resolution 20 — R — 78, increasing the total "not -to- exceed" amount from $175,000 to $178,000. FISCAL IMPACT No additional financial impact anticipated. This amount is covered as part of the overall funding source as identified in Resolution 20 — R - 78. RECOMMENDATION Staff recommends that Council authorize the revision of the agreement approved in Council Resolution 20 — R— 78, increasing the total "not-to-exceed" amount from $175,000 to $178,000. Attachments Resolution 21-R-46 DAC Contract Add CCM 20-R-78 Resolution 20-R-78 RESOLUTION NO. 21 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REVISION TO THE AGREEMENT WITH DAC, INC OF NEW BRAUNFELS TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a revised agreement with DAC, Inc. of New Braunfels, Texas relating to Access Control Upgrade Project as approved in Council Resolution 20 — R — 78, increasing the "Not To Exceed" amount from $175,000 to $178,000; and WHEREAS, the City Council has determined that it is in the best interest of the City to revise the existing contract with DAC, Inc. of New Braunfels, Texas pursuant to the Council Resolution 20 — R -78 approved on August 8th, 2020, increasing the "Not To Exceed" amount from $175,000 to $1.78,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS NIVEW The City Council hereby authorizes the City Manager to revise the agreement with DAC, Inc. of New Braunfels, Texas as approved in Council Resolution 20 — R — 78, increasing the "Not To Exceed" amount from $175,000 to $178,000. Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this :Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 Imoll GI ' 50234811.1 A -�. City of Schertz Dear Mr. Clauser, I am pleased to present DAC's proposal for the City of Schertz. After having the opportunity to walk and review the existing site and having continued conversation with your responsive staff we would like to offer you this quote for our services. Our entire team is enthusiastic about the prospect of serving as your integrated solutions provider. We look forward to enhancing our relationship through participation in this project. We are committed to integrity and quality, and we are proud of our record and reputation. Selecting the right team to help you recognize and address your business challenges is vital to creating value and delivering a project on time, on budget and to the high standards of quality you expect. I personally select our team leaders to ensure they have the experience and personal attributes needed to serve you with distinction and dedication throughout the course of your program. A smooth project is, of course, of great importance to you and DAC. We have a wealth of experience in providing innovative solutions and look forward to delivering them to the City of Schertz. Our team has the requisite experience to manage any program efficiently and to deliver solutions that meet the highest levels of sustainability and feasibility. You strive for quality and reliability for the City of Schertz and providing those attributes is critical to your continued success. DAC is the firm chosen by project teams when quality and reputation are of the utmost importance. We anticipate teaming with you to meet the needs of this program and look forward to meeting soon as part of the contract team. Thank you for your consideration. We are committed to exceeding your expectations. Respectfully, Roy Charbonneau Manager Central Texas DAC, Inc. City of Schertz 12 0 UkIMMIUMM We are pleased to provide the City of Schertz DAC's quote for the above referenced Access control installation. This proposal is based on installing new door hardware, power supplies and panel enclosures. This proposal includes all material and labor necessary for the installation of Open Options access control on 7M 1 Doors of Access Control 0 1 Electric Strikes 0 1 HID RP40 card readers • Misc. power supplies and materials necessary for the installation. • Sales tax is not included. City of Schertz 13 Project Cost DAC is please to provide all material and labor to installation of access control on the PID weight room door. TOTAL INVESTMENT $2,671.65 Device ACCESS CONTROL Manufacturer Part Number co LU I-- Subcontroller Open Options RSC-1AP 1 $345.65 $345.65 Card Reader HID RP40, 920PHRNEK00006 1 $274.33 $274.33 Electrified Strike Hess 5000C 1 $271.25 $271.25 Recessed Door Contact Sentrol 1078C 1 $10.08 $10.08 Rex Motion Bosch DS150i 1 $82.13 $82.13 Misc. Material Misc. Mate ria 1,Conduit, Fittings, Etc... 1 $155.00 $155.00 Wire CAT61E 0.5 $383.36 $191.68 Wire composite (Southwire #H916021A) 0.25. $964.10 $241.03 Material Totals $1,571.15 Labor Totals $1,100.50 Building Total $2,671.65 RovCh8rbOnn88u Manager Central Texas D/\C.|nc. Cell: 2815O7-7O14 Email: City of Schertz 14 M; t6i H L" E I W, il DAC employs approximately 120 people in the State of Texas, of which more than 85% are dedicated to engineering, project management, technology and installation. We are prepared to execute the City of Schertz access control upgrade project and have resources ready to allocate to this project immediately. DAC understands the complexity of your project and the rigors of maintaining a functional Access Control System during transition to a new platform. Our team members represent an efficient model of delivering a project under these requirements. We've been diligent in allocating resource loads across all phases of construction and technology migration to ensure the project is well designed, executed with precision, fully commissioned and turned over to the City of Schertz for a long -term operation. 1 1 . To maintain an agreed installation schedule, DAC will structure our installation team(s) to work in tandem in various areas of the project if required. Our team(s) will be responsible for specific areas of the project with a Project Foremen assigned to the responsibilities of completing the work efficiently. Using our own installation forces allows DAC to better control the project schedule, effectively load manpower when necessary, coordinate with onsite trades, and control cost and quality. Proiect Team: Operations Manager: ROY CHARBONNEAU I Security Operations Manager DAC, Inc. 1 2090 North II-I 35 Suite 5115 I New Braunfels, TX 78130 o 210.933.60126 I m 231 507 -7014 I rcharbonneau dac- inc..com Senior Project Manager: TERRY E. VANN I Senior Project Manager - Central Texas Branch DAC, Inc. 1 2090 North IN 35 Suite 5115 I New Braunfels, TX 73130 o 210.933.6012 I m 210.3130.0436 I tvann@dac- inc.com System Specialist: David Lewis I System Specialist Central Texas Branch DAC, Inc. 1 2090 North iH 35 Suite 5115 I New Braunfels, TX 73130 o 210.936.6012 I m 210.347 -4230 I dlewis edac- inc.com City of Schertz 15 herein. This document serves as a notice to proceed. DAC payment terms are Net 30 days. City of Schertz DAC, Inc. Signature Signature Name Name Title Title Date Date City of Schertz 16 Ib*=4 ti] 0 11111 us] 0l•� City of Schertz 17 City of Schertz 18 22. Any changes in the understood scope of work will be communicated and approved in writing (by an authorized Client representative), prior to commencing work. City of Schertz 19 Agenda No. 7. ei Olum City Council August 11, 2020 Meeting: Department: Information Technology Subject: Resolution No. 20 -R -78 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, for the authorizing of an agreement with DAC, Inc. of New Braunfels, Texas, for the city -wide access control systems upgrade project. (B. James /M. Clauser) BACKGROUND Currently, physical access to City facilities by employees and other authorized personnel is managed through one of two different badge access control systems. Both systems have been in place for at least 15 years and are now completely obsolete. Parts are no longer available from the manufacturers for routine maintenance, and when an entry point fails it can take weeks for the vendor to find replacements on the secondary market. Three years ago a stakeholder group was created that included staff members from the Police Department, Facilities, and IT and others to review options for consolidating and replacing the current access control systems into a single centrally managed system. Input from various departments was solicited and the team identified a series of requirements. The major requirements included: • The new system had to be backwards - compatible with the existing locking hardware used by the City. • Next, the system had to have an interface with the City's centralized security camera management system from Ocularis. • The new system also had to allow the use of existing employee badges, as well as be able to accommodate newer badge technologies such as chip - cards, RFID, etc. • The system had to provide advanced report capabilities to allow audit trails, custom and recurring reports, etc. • The system had to allow tenants of City buildings to manage their sites directly while retaining overall oversight by the City. • Another requirement was to allow staff managing certain venues the ability to issue time - limited access cards to renters that would reduce the need for staff to be available at all times to open a venue in advance of the event and stay to lock the doors once the event is over. • Another requirement included the need to be able to integrate employee badges into the login process to ensure compliance with federal mandates for 2- factor authentication into the secure data network. The team reviewed multiple systems on the market and eventually recommended that the City upgrade the existing system from Open Options currently in use by PD. Open Options is a registered vendor with the state DIR Buy Board, and their representatives provided contact information for 2 vendors in Central Texas that were qualified to support their product. After reviewing documentation and presentations from both vendors the team decided to contract with DAC, Inc. of New Braunfels, Texas to manage the upgrade. The overall project is expected to be completed in three phases. Phase one as presented here will focus on replacing the software, back -end hardware, wiring (as needed), and door control systems in each City facility that already has an access control system in place. The vendor will also provide integration into our camera management system. Phases two and three will add new facilities, replace outdated door lock hardware as needed and add access control management to outlying facilities such as pump stations, water towers, etc. Once those phases are complete the City will continue to expand the use of the system to include integrating badge access to sensitive data, security management systems, etc. GOAL This upgrade to the existing access control system currently in use in PD will consolidate all City facility access into a single system. This will increase efficiency by providing a single centrally- managed system and will allow for the use of industry- standard access control hardware moving forward. This upgrade will also provide enhancements that will allow tenants such as the YMCA to better manage access to their individual sites. This system will provide the necessary foundation for integrating security camera monitoring and for upgrading network management.by integrating security badge access to our network infrastructure. COMMUNITY BENEFIT As the City continues to grow a centrally managed flexible access control system provides many opportunities to enhance efficiency and improve Public Safety response. By integrating the system into our existing security camera management system, for example, this system will allow our dispatchers to see and hear alerts presented by the access control monitoring system and view the nearest security camera on a large screen in the dispatch area. Dispatchers can then provide the appropriate response to the alert as opposed to always sending an officer. Another benefit of this upgrade will be that sponsors of events can be issued time - limited access cards to venues such as the Civic Center, the Northcliffe Center and the meeting room in Fire Station 3 to allow them to get into the venue for their events. This will reduce the effort needed by staff to personally manage access to these sites and improve the City's ability to provide quality service for events while reducing the need for overtime. 630041 /I_ awe] a. 7D[K17uh /1 Hill 179117_TiltI[17k1 Staff recommends that Council approves the contract with DAC, Inc. of New Braunfels in the amount of $166,956.19 with not to exceed amount of $175,000 for phase one of the City -wide Access Control Upgrade Project. FISCAL IMPACT In 2018 Certificates of Obligation in the form of bonds were issued in the amount of $300,000 to fund this project. Phase One, as presented here will allocate $164,415.41 and allowing a contingency to a total not to exceed amount of $175,000. The remaining funds will be used for subsequent phases. RECOMMENDATION Staff recommends that Council approves the contract with DAC, Inc. of New Braunfels in the amount of $1.64,415.41 with a not to exceed amount of $1.75,000 for phase one of the City -wide Access Control. Upgrade Project. Attachments 20 -R -78 Resolution DAC Proposal 20 -R -78 -- RESOLUTION NO. 20 -R -78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH DAC, INC OF NEW BRAUNFELS, TEXAS FOR THE CITY -WIDE ACCESS CONTROL SYSTEMS UPGRADE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement with DAC, Inc of New Braunfels Texas for the purpose of implementing phase one of the City -Wide Access Control System Upgrade project; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with DAC, Inc of New Braunfels Texas for the purpose of implementing phase one of the City -Wide Access Control System Upgrade project, in the amount of $164,41.4.41 with a not -to- exceed value of $175,000 to cover contingencies. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with DAC, Inc of New Braunfels Texas for the purpose of implementing phase one of the City -Wide Access Control System Upgrade project in the amount of $164,414.41, with a not to exceed value in the amount of $175,000 to cover contingencies. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 11TH day August, 2020. CITY OF SCHE.RTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - ei IRIUM City Council May 25, 2021 Meeting: Department: Engineering Agenda No. 10. Subject: Ordinance No. 21 -T -23 - Consideration and /or action approving an Ordinance by the City Council of Schertz, Texas authorizing an adjustment to the Fiscal Year 2021 Budget to provide for construction of the Elbel Storm Drain and Overlay Project, repealing all ordinances or parts of ordinances in conflict with this ordinance and providing an effective date. First Reading Previously Council authorized a Professional Engineering Services Agreement and an amendment to the original agreement with Ford Engineering, Inc., to design the Elbel Storm Drain and Overlay project. The project includes storm drain extensions in Elbel to address drainage issues; installation of a traffic signal at the Westchester and Elbel intersection; and a mill and overlay of the street surface. The project design in nearly fully complete, making the project ready to go out to bid once construction funding was identified. Due to the various COVID related cost reimbursements the City of Schertz has received, some excess General Funds are now available for construction of the project. Additionally, this year the City of Schertz received additional "Veterans Exemption Funds." The budget contained an anticipated $500,000 of "veterans Exemption Funds" being received, but the City actually received $1,000,000. This provides $500,000 more excess General Fund Reserves in the budget. The proposed budget amendment uses $1,400,000 of excess General Fund Reserves associated with the COVID cost reimbursements and $250,000 of excess General Fund Reserves associated with the additional "Veterans Exemption Funds, for a total of $1,650,000. In order for funding to be made available for construction, Council must approve a budget amendment ordinance Proposed ordinance 21 -T -23 allocates $1,650,000 for construction of the Elbel Storm Drain and Overlay project. After the project is bid, if additional funding is needed, an additional budget amendment request will be made to Council. Funding that is not used for construction of the project will be returned to the General Fund and be available for other expenditures. GOAL To amend the fiscal year 2020 -2021 budget to provide funding for the construction of the Elbel Storm Drain and Overlay Proj ect. COMMUNITY BENEFIT The budget amendment allows the project to be completed sooner than originally identified in the SPAM 5 -year Capital Improvement Plan. It also provides a different funding source for the project than SPAM funding, allowing the SPAM funding to continue to fund projects identified earlier in the 5 -year plan. Construction of the project helps minimize existing drainage issues on Elbel, which helps increase pavement longevity; provides a new driving surface; and provides a traffic sign that improves pedestrian and vehicular safety at the Elbel/Westchester Intersection. Approval of Ordinance 21 -T -23 authorizing the budget adjustment to provide construction funding for the Elbel Storm Drain and Overlay project. FISCAL IMPACT Funding for the proposed construction would come from excess General Fund reserves realized by COVID - related reimbursements and excess "Veterans Exception Funds" received. 1 / Staff recommends approval of Ordinance 21 -T -23, providing construction funding for the Elbe] Storm Drain and Overlay project. Attachments Ordinance 21 -T -23 ORDINANCE NO. 21-T-23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 BUDGET TO PROVIDE FUNDING FOR CONSTRUCTION OF THE ELBEL STORM DRAIN AND OVERLAY PROJECT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 20 -T -23, the City Council of Schertz, Texas, (the "City ") adopted the budget for the City for the fiscal year 2020 -2021 (the `Budget "), which provides funding for the City's operations throughout the 2020 -2021 fiscal year; and WHEREAS, the City needs to authorize a budget amount of $1,650,000 for the purpose of construction and other associated expenses related to the Elbel Storm Drain and Overlay Project; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget transfer for the Elbel Storm Drain and Overlay Project, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall transfer a budget of $1,650,000 from the General Fund Reserves to the Elbel Storm Drain and Overlay Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 25th day of May, 2021. 2021. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Agenda No. 12. ei Olum City Council May 25, 2021 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution No. 21 -R -35 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to amend the existing License and Management Agreements with the YMCA, by canceling the Management of the Wendy Swan Memorial Park Pool. (B. James /L. Shrum) The Wendy Swan Memorial Park Pool was formerly an HOA -owned pool in the Northcliffe subdivision and as such was only designed to serve a small amount of people at one time. The capacity of the pool area is 50 people, but the pool rarely reaches capacity. Its small size does not afford a lot of opportunities for activities, so it is not as in demand as our other pools. When the pandemic hit in March 2020 there were capacity limits placed on facilities including outdoor pools, and the 25% capacity allowed at the start of the summer would have only allowed 12 people to enter the pool. City staff and YMCA staff (who are contracted to manage the outdoor pools) deemed it not feasible to open Wendy Swan Memorial Park Pool at that time. City staff began researching the idea of converting the small residential- sized pool into a splash pad utilizing the existing filtration equipment which is in fairly good condition. The proposed small splash pad will fit into the existing footprint of the old pool, will utilize the existing restrooms and covered porch area, and the fence will come down for access. Currently, the pool is only open from Memorial Day Weekend through the start of the school year in August. Converting to a splash pad would eliminate the need for the facility to have lifeguards and thus allow for an extended season of March - October. In February 2021 Texas experienced Winter Storm Uri and many facilities suffered damage from freezing pipes, including the Wendy Swan Memorial Park Pool House and Restroom Facility. Bidding is complete and the repairs are extensive at the pool house, so City staff is pausing to combine the repairs into the larger splash pad project to convert the restrooms to continuous public access like at other parks, and to ensure the restrooms are fully accessible. GOAL At this time, the goal is to amend the contract to cancel the management of Wendy Swan Memorial Park Pool and keep the pool closed for now. The next step will be to host a public meeting in the neighborhood to gather feedback from residents on the proposal to close the pool permanently and convert the pool into a small splash pad. If the neighborhood is supportive of the conversion, city staff will come back to council with the budget amendment and contract to construct the splash pad. COMMUNITY BENEFIT The community will benefit from this conversion by having a new splash pad that has open public access and an extended public season. The only splash pad that is currently in the city is integrated with the Recreation Center and Aquatic Center and there is currently a fee associated with accessing that splash pad. Instead of the existing facility only being utilized May — August from 12 -7 pm, this new facility will be open March — October from 10 -8 pm (may vary based on Daylight Savings Time.) In. addition, non - swimmers can utilize this facility, so many families with young children will benefit from this facility conversion. The small splash pad would utilize the existing filtration equipment and incorporate the existing restroom facility and porch overhang for potential birthday party rentals. There is also an existing picnic pavilion behind the restrooms that would be more desirable for party rentals if the pool was converted to a splash pad. SUMMARY OF RECOMMENDED ACTION Approve Resolution 21 -R -35 10 0WR 01►I I WXOM 11 Preliminary estimates for this conversion are approximately $250,000 - $300,000. The goal is to cancel the management agreement for the Wendy Swan Memorial Park Pool which costs the city $89,939 per year (half of the total outdoor pools management fee of $179,878.) After some discussion with the vendor it has been determined that between 60 -80% of the vendors costs are spent on managing Pickrell Pool, thus city staff is proposing to renegotiate the contract and pay 60% of the original contract price to operate Pickrell Pool going forward ($107,926.) The annual savings to the city would be $71,952 per year. The city would construct the splash pad utilizing reserve funds (after coming back to council for authorization to proceed with construction) and the savings from the cancellation of the management contract, would pay back the reserve fund in 4 years. RECOMMENDATION Approve Resolution 21 -R -35 to amend the existing license and management agreements with the YMCA by canceling the management of the Wendy Swan Memorial Park Pool. Attachments Outdoor Pool Amendment Resolution 21 -R -35 AMENDMENT ONE TO THE RECREATION CENTER LICENSE AGREEMENT AND OUTDOOR POOLS MANAGEMENT AGREEMENT This Amendment is made to that RECREATION CENTER LICENSE AGREEMENT AND OUTDOOR POOLS MANAGEMENT AGREEMENT previously executed by and between the CITY OF SCHERTZ, TEXAS ( "City ") and Young Men's Christian Association of Greater San Antonio, a Texas non - profit organization (the "YMCA "). It is mutually understood and agreed by and between the undersigned contracting parties to terminate the management of the Wendy Swan Pool, located at 4601 Cherry Tree Dr, Schertz, TX 78108 as allowed for in section I I (f) of the original agreement and amend that previously executed agreement such as follows to account for the management of the Pickrell Park Pool, located at 703 Oak St, Schertz, TX 78154: Section 11. General. Terms of Operation, Use and Maintenance of the Outdoor Pool(s) (a) Cost: The total maximum cost payable to the YMCA for the YMCA's management of the Pickrell Pool for each year of this Agreement shall be One Hundred Seven Thousand Nine Hundred Twenty Six and No/ 100 Dollars ($107,926.00), which shall be paid in two (2) payments of Fifty three thousand nine hundred sixty three and No /100 Dollars ($53,963.00) by Schertz to the YMCA on or before June 1 of each year and July 1 of each year of this Agreement, with a final payment of Fifty three thousand nine hundred sixty three and No /100 Dollars ($53,963.00) paid on or before August 1 of each year of this Agreement. (b) Revenues from the Outdoor Pools: Schertz shall receive and retain all revenues from gate receipts, season pass receipts, and concession receipts. The YMCA shall receive and retain all revenues from YMCA programs, including swimming lessons and aquatic programs, and all receipts for the Outdoor Pools rentals and pool parties. YMCA will not charge swimming teams for reserved lanes for swim practice. (c) Scope of Work: The YMCA shall perform all work for the operational management of the Outdoor Pools as shown in Exhibit H, attached hereto and incorporated herein for all purposes. (d) Active Terms: The provisions of this Agreement with respect to the management of the Outdoor Pools shall be applicable for a three -month period of approximately May 24 through August 24 during each calendar year of this Agreement (each an "Active Term "). The precise Active Term for each calendar year will be provided by Schertz to the YMCA at least sixty (60) days prior to the beginning of each year's three -month Active Term. (e) YMCA Obligation and Rights: YMCA shall, at its expense, for each Active Term of this Agreement, obtain all permits, certifications, and licenses, and pay all related fees and taxes, necessary for the performance of its work and services under this Agreement, and will comply with all laws, ordinances, rules and regulations governing YMCA's performance of this Agreement, including all environmental laws and regulations, whether state or federal. Schertz will waive all fees for City - required permits, licenses, and inspections related to the Outdoor Pools. All work shall be done in strict conformity with this Agreement. YMCA shall have exclusive control of the day -to -day operations of the Outdoor Pools, subject to the right of Schertz to inspect the Outdoor Pools to ensure that YMCA is properly carrying out the terms of this Agreement. YMCA agrees that all of its employees shall be fully qualified and competent to do the work required under the terms of this Agreement. All minor detail of the work not specifically mentioned in this Agreement but obviously necessary for the proper completion of the work shall be considered as incident to and a part of the work for which payment is made to the YMCA under this Agreement. YMCA will not be entitled to any additional compensation therefor unless specifically stated otherwise in this Agreement (f) Termination of the Outdoor Pool(s) Management: Schertz may terminate the management of the Outdoor Pool(s) at will for no or any reason upon giving at least ninety (90) days advance written notice to YMCA. The parties to this Agreement understand and agree that it is in Schertz's reasonable discretion to terminate the provisions of this Agreement with respect to Outdoor Pool without penalty to Schertz or the YMCA. YMCA has no expectation and has received no guarantees that the provisions of this Agreement set forth in this Section 11 with respect to Outdoor Pool will not be terminated before the end of the Agreement term. The parties have bargained for the flexibility of this termination option upon tender of the requisite notice at any time during the term of this Agreement. Upon termination, all equipment, furniture, fixtures, and supplies purchased, provided, owned, or brought into the Outdoor Pools by YMCA will remain the property of the YMCA and will be removed from the applicable Outdoor Pool(s) at the end of the ninety (90) day notice period. Upon termination, all equipment, furniture, fixtures, and supplies purchased, provided, owned, or brought into the applicable Outdoor Pool(s) by Schertz will remain the property of Schertz. All work and services under this Agreement and all payments hereunder for work and services after the date of termination shall be terminated in accordance with Section 11(g) upon termination of the provisions of this Agreement set forth in this Section 11 with respect to the Outdoor Pool(s). (g) Pam: As full consideration for the services which the YMCA shall provide to Schertz with respect to the Outdoor Pool(s), the YMCA shall receive the total sum described in Section 11(a). Any sums due and payable hereunder which are not paid within ten (10) days of the due date shall bear interest at the rate as set by the State of Texas, from the date due until the date of payment. In the event the provisions of this Agreement set forth in this Section 11 with respect to the Outdoor Pool(s) are terminated pursuant to Section 11(f), the payments due to YMCA hereunder shall be prorated on a daily basis of Nine Hundred Ninety -Nine and 32/100 Dollars ($999.32) for one Outdoor Pool, as applicable, and YMCA shall rebate to Schertz or Schertz shall pay the YMCA, as applicable, such amount as shall be necessary to reflect the pro rata portion of the total amount payable to YMCA under Section 11(a) through the effective date of such termination. All other requirements, terms, and conditions that are not hereby amended are to remain in full force and effect. EXECUTED on this the CITY: By: Name: Dr. Mark Browne Title: City Manager I:\11177 *11.107: I1WIdEll CITY: City of Schertz Attn: Mark Browne, City Manager 1400 Schertz Parkway Schertz, Texas 78154 day of CONTRACTOR: By: Name: Title: CONTRACTOR: Name Address City, State Zip Number 120 RESOLUTION NO. 21 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING LICENSE AND MANAGEMENT AGREEMENTS WITH THE YMCA, BY CANCELLING THE MANAGEMENT OF THE WENDY SWAN MEMORIAL PARK POOL. WHEREAS, the agreement between the YMCA and City of Schertz authorized in 2016 . by Resolution 16 -R -41 in Section II (f) allows for the cancellation of management of one or both pools; and WHEREAS, the City has determined it's in the best interest to close Wendy Swan Memorial Park Pool for a future conversion to a splashpad; and WHEREAS, the City Council grants the City Manager authorization to amend the contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to amend the existing license and management agreements with the YMCA set forth as Exhibit A, by cancelling the management of the Wendy Swan Memorial Park Pool. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of May, 2021. Le I V&SI mg: I a a M I Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A LICENSE AND MANAGEMENT AGREEMENTS WITH THE YMCA FOR THE MANAGEMENT AND OPERATIONS OF THE RECREATION, CENTER, OUTDOOR POOLS, SPLASH PAD, ENCLOSED COMMUNITY SWIMMING POOL OF COMPETITION QUALITY AND INDOOR RECREATION POOL 50234811.1 A -]. Agenda No. 13. ei Olum City Council May 25, 2021 Meeting: Department: Finance Subject: Pilot Program - Introduction of a Pilot Program for Residential Irrigation Meters. (B. James/J. Walters) Currently, residential buildings come with one standard meter for both in home use and irrigation. purposes. Water use is tracked by the meter and sewer charges are estimated using a technique called Winter Averaging. The City pays a treatment provider to clean up the wastewater and those charges are shown on the utility bill as a sewer charge based on the winter average. If there is only one meter on the property, there is no easy way to determine how much of the water goes into the yard and what goes to be treated at a treatment plant. A common method to estimate the wastewater that goes down the drain to a treatment plant is called Winter Averaging. During the winter months, it is assumed that residents will not water their yards so all of their water usage would be inside the house and go down the drain. The City takes the lowest 3 months of water usage from October through February and comes up with an average use to calculate a monthly sewer rate. That rate is set for each residential customer for the next year until a new winter average is calculated. New residents without a historical estimate are given a rate based on the citywide average sewer rate until the next winter averaging cycle. The Winter Average isn't a perfect system but it is widely used by water utility providers. In Schertz, notices are posted on bills, the website, on social media, and in the magazine notifying customers how sewer averaging works and to encourage them to reduce water usage to get a low sewer rate for the upcoming year. However, Staff has been seeing more residents that want to continue to water during the winter and maintain their yards in the region's, mostly, mild winters. This practice causes much higher sewer bills which could be as low as $38 if water is conserved but could reach over $100 per month instead. Some residents are fine with having higher monthly bills if it means they can water through the winter, while others wish for a different calculation method that more accurately reflects sewer use. Staff has been reviewing options and is proposing to test a new service that will install a second water meter to irrigation lines. Using the information provided by the second meter, staff will be able to tell how much water goes into the yard and will not need to be treated and how much goes into the house and down the drain. This would remove the need to estimate sewer use and provide actual usage information for billing. The cost for the installation would be on the homeowner. The meter would be $250 plus a permit fee of $60 and an additional $50 for a floodplain permit if applicable. A total charge to the City of $360 in the floodplain. Based on billing information of residential properties that have high sewer averages, this second meter would pay for itself in 6 months or less and then continue to save customers going forward. After the initial cost of installation, any repairs and meter replacements due to normal wear and tear would be on the City, just like the original meter. Staff is proposing a trial period to test the application and billing process before opening it up to the community as a whole. Feedback will be collected from the pilot group to judge how successful this practice will be in Schertz. Having a second irrigation meter for residential homes is emerging as an alternate to solution to winter averaging used by other utility providers. New Braunfels Utilities as an example has a similar program. Attached is a copy of the application and program description that would be made available to customers interest in the initial program. Attachments Residential Meter Permit Requirements Residential Meter Application Form City of Schertz Planning & Community Development Residential Irrigation Deduct Meter Permit Requirements for existing irrigation systems This optional additional meter will separate irrigation usage from home water usage. Using this information, the City will be able to accurately assess sewer charges rather than estimating sewer charges through winter averaging. A plumbing /irrigation building permit is required for an irrigation deduct meter installation. The following information was compiled to assist residents who wish to install a new irrigation deduct meter. Currently pilot program is open to the first 25 customers. Per Section 90 -46 (6) of the Code of Ordinances of the City of Schertz, the City has the right to enter private property to observe, repair or remove the meter. Permit Submittal Requirements are as follows: • Plumbing /Irrigation Permit Application ($60 permit fee + $50 floodplain permit if applicable) to be submitted by a licensed plumber. Installation must include a deduct system similar to what is shown below in the illustrations. • Site survey showing easements, property lines and setbacks with proposed area noted by highlighting, cross hatch, or shading drawn to scale. Provide distances between proposed structure and all property lines, and between main and any other buildings /structures. Show location of the current back -flow prevention device, and the proposed location of the irrigation meter. • Floodplain Permit Application (if applicable). Permit Fees: • See Permit Fee Schedule at ht t //scbertz.com/538/Bui1din - Permits Inspections Requirements: • Open trench/ Final inspection will be done at the same time. • The system will be under pressure to allow for the leak test. • The trench will be left open so Inspector can verify proper pipe burial depth. • The meter box will be in place to confirm proper placement. To request an inspection, please visit Schertz.com and under the "How do I" tab select "Request an Inspection ". Inspection requests received by 6:00 a.m. will be inspected the same business day. Any request received after 6:00 a.m. will be performed the next business day. If you have any questions regarding these requirements, please contact the Inspections Division at 210 -619- 1750 during our regular business hours. Monday through Friday from 8:00 a.m. to 5:00 p.m. jACHHE l CU/ PLANNING& COMMUNITY DEVELOPMENT (Rev. 04 -30 -2021) City of Schertz Planning & Community Development Residential Irrigation Deduct Meter Permit Requirements for existing irrigation systems Illustrations � C Hi1E1RCC7/ PLANNING & COMMUNITY DEVELOPMENT (Rev. 04-30-2021) dedkwl ... kin" 6k7fee0i �kx 'ea oo�wxexmes��®l�����e wemer main �L&f'�k H Vhyq,'$d fag wlApl bait � C Hi1E1RCC7/ PLANNING & COMMUNITY DEVELOPMENT (Rev. 04-30-2021) IMSINUM Start Date: Name: Service Address: Mailing Address: Email Address: Office use Only: Account Number: Today's Date: Did you: Send Welcome Packet: Request Trash and/or Recycle Bin: Property Manager: Water and Drainage Only: Deposit Date & Amount: I hereby agree to the following conditions (Please Initial): Phone: (Circle one) Print Bill OR Email Bill 1. Turn on hours are from 8 am to 5 pm, a resident is not required to be present at the home for turn on. 2. I agree to notify the Schertz Utility Billing Office, at least one business day, before ending service. 3. I understand the deposit will be applied to my bill after 2 years of good payment history, or applied to my final bill if service is less than two years. � q. I further agree that if I do not receive my bill, it is my responsibility to contact the Schertz Utility Billing office for the amount due. Failure to receive a bill does not entitle payment without penalty. 5. Any alteration to the meter from its original state, as installed by city personnel, will constitute forfeiture of deposit and may result in theft of service charges. 6. 1 understand and acknowledge if a sprinkler system is present on my property, it is my responsibility to adjust and maintain the settings to avoid high consumption which may result in a large bill. 7. I agree to keep the Schertz Utility Billing Office informed of any changes in contact information, the Schertz. Utility Billing Office will not be responsible for any problem that may arise by not being able to contact the account holder. 8. (OPTIONAL) I hereby request the account records at the Schertz Utility Billing Office be kept confidential, as permitted by the Texas Open Records Act, defined by House Bill 859 (effective 9- 1 -93). 9. (OPTIONAL) Residential Irrigation Deduction Meter (cost $250.00). I understand per section 90 -46 6 of the Code of Ordinances of the City of Schertz, the City has the right to enter private property to observe, repair or remove the meter. Note: This is a trial period and can be canceled at anytime. Account Holder Information: Name: Phone Number: Employer Alt. Phone Number: Secondary Account Holder Information: Name: Phone Number: Employer: Alt. Phone Number: D/L Number: Phone: D/L Number: Phone: Secondary Account Holder is authorized to make decisions /changes and may have financial obligations to account balances. Emergency Contact: APPLICANT SIGNATURE & Date: CITY STAFF SIGNATURE & Date: Water Service Deposits: Residential: $125 inside & $150 outside city limits Utility Bill includes: Water, Drainage, Trash, Recycle, and Sewer Services Phone: Agenda No. 14. I MONIBILIM I ELVA I 010A e' City Council May 25, 2021 Meeting: Department: Fire Department Subject: COVID-19 UPDATE - Bi-Weekly COVID-19 Update.(C. Kelm/ K.Long/S.Hall) Emergency Management Coordinator Summer Hall has provided the COVID- 19 Update as requested by City Council. Attachments COVID update Summer Hall Emergency Management Coordinator May 20,2021 COMMUNITY SERVICE SCHHEW17 !OPPORTUNITY Vacc'1nat'ion Update i . "� • MIMI M 0 Vaccination Clinics began - Week of January 4t' COMMUNITY SCHHERTZI SERVICE UNITY 2 Vaccination Update DSHS Vaccine Dashboard Link: Workbook- COVID-19 Vaccine in_j�L.xgs Dashboard 3 Current Numbers COMMUNITY SERVICE SCHEIV171 OPPORTUNITY El SCUCISD active Case Count COMMUNfTY SCHHERTZ I SERVICE OPPORTUNITY 5 Test'ing Pos'lt'lv'lty Rates COMMUNITY SERVICE SC]Hf]HfC[7 !OPPORTUNITY 0 D New Cases -State COMMUNITY SERVICE SCHERTZ !OPPORTUNITY Location Hosp. Area Location Hosp. H — Bexar County SCHIEW17 1 a ......... . 10 QUESTIONS ?,. 10