Loading...
21-R-45 - Contract with Kimley-Horn and Associates related to the dedicated transmission main engineering & design projectMI M 1 0 19 0 1 I M I Section 5. If any provision of this Resolution or the application thereof to any person Uff �1�1= Fli.hWji4r.14ci be invalid-, the remainder of this Resolution r d the a,%lication 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 whi6 14,46 I't ic .iii. 'f I 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 for and effect from and after its final passage, and it is so resolved. F.-Vv 1213 a WIRWINKI R or 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) $ 1,371,705.00 [ 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 I 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 j 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 I Land Acquisition Coordination $ 156,200.00 [ Lump Sum ) S -4 Geotechnical $ 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 LYA 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 IHEEEEI Transmission Main gineering Services, Task Order - 05 and Associates, Inc. 195.00 1 $ 180.00 1 $ 145.00 1$ 125.00 1$ 115.00 Is 105.00 1 $ 115.00 Is 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 ISchedule 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 jProject Management Plan 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 $ 2.2.3 NWP 58 Memo to File 2 10 30 42 1 $ 5,290.00 $ 2.3 Phase I ESA 0 $ $ 2.3.1 Records Review 1 1 $ 145.00 $ 2.3.2 Site Reconnaissance 10 10 $ 1,450.00 $ 2.3.3 Interviews 2 2 $ 290.00 $ 2.3.4 Phase I ESA Report Preparation Corridor 2 2 15 19 $ 3,015.00 $ 2.4 Cultural Resource Coordination 1 0 $ $ 2.4.1 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/LSl 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 1 Limited Site Investigation LSI 0 $ $ 3 Land Acquisition Coordination 0 80` 0 40 0 40 0 0 0 160 $ 26,000.00: $ 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 Onl 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 Pre are meeting notes 2 4 12 18 $ 1,870.00 $ 4.3 Permits 0 $ $ 4.3.1 1 TxDOT Utility Installation Request UIR' 4 8 16 28 $ 3,780.00 $ A 3 9 (:hovrnn Petmi.- Pinalino /9 Tntah R 9R 9d AR It a Fan 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 $ 75.00 101= 011100101 NONINNIM Task to be performed/Phase Description (including Sub-consultant work) 1111MMINIM Total 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 1 $ - $ 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 $ $ 12,000.00 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-- Deliverables 0 $ - $ 6,6.1 Draft QL-A SUE test hole data sheets in Adobe PDF format 0 $ $ 6.6.2 Final QL-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 $ - T2 Topographic Survey 0 $ - $ 88,500�00 7.3-- Detailed 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 T6 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 T7.1 Review P 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 $ T8 - 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 $ 8A Update Utility Conflict/Coordination Matri� 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 $ &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__ Review City Comments and Provide Response to Comments 8 12 12 32 $ 4,680,00 $ 1 8.12 60% Design Review Meeting & Meeting Notes 2 2 4 8 $ 1,140.00 $ 1 9 100% Design a 91 12 134 0 166 0 80 28 519 $ 71,525.00 $ 71,525.00 Stakeholder and Agency Coordination 4 8 8 20 2,860.00 $ Conduct Site Visit 4 4 4 12 $ 1,820.00 $ 9.37]100% 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 CIAJQC Sr. Project Senior Civil Civil Engineer Staff Engineer Staff Engineer Staff Engineer Senior Design Administrative) Consultant Fee Sub-Consultant Fee Total Manager Manager Engineer III It I 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 1 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 (a) $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 Apprais I Updates for Condemnation (3 parcels) 0 $ $ 13,500.00 13 Supplemental Appraisal for Complex Properties 0 $ $ 9,000m 3.4 lin Fee Acquisition (a) $7,500 per parcel (6 parcels) 0 $ $ 45,000.00 3.5 In Fee ppraisal @_ $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 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): $ 612,235.00 $ 759,470.00 March 16.2O21 Ki0ley-Horn :A T: T:AKH:M: E N =T2 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 TxDOT and City Roadway 16 ( 20 or auger refusal ( Undeveloped Land Sampling will be in general accordance with industry standard procedures wherein Shelby tube samples (ASTM D -1587) or split - barrel samples (ASTM D -1586) 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 TxDOT and City permit to allow work in their ROW. Terracon will coordinate with the TxDOT. 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 TxDOT /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 rsive sourceful z Reliable 2 Revised Proposal for Geotechnical Engineering and Environmental Services F n L Proposed 16 -inch Transmission Main w Schertz, Texas March 16, 2021 v Terracon Proposal No. P90205189R1 underground utilities beyond contacting Texas811. 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. PI lime series tests. Moisture density relationship (ASTM D698). California Bearing Ratio (CBR). Engineering Report — 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 F n L 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 w Resourceful a Reliable 4 Revised Proposal for Geotechnical Engineering and Environmental Services F n L 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 msl 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 a Resourceful m Reliable 5 Revised Proposal for Geotechnical Engineering and Environmental Services F n L 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 F n L 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: Documentation of field activities; Site plan showing pertinent site features; Soil boring /monitoring well logs; Analytical laboratory results; Data evaluation and presentation of findings; and, 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 i F n L Proposed 16 -inch Transmission Main w Schertz, Texas March 16, 2021 v 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, ('_onfnrhnirnl (`nnct i finn k Pnnnrtinn Limited Site Investigation (LSI) Additional services not part of the base fee include the following: Private Utility Locate Service 1 $2,400 Supplemental environmental borings $6,760 Supplemental environmental monitoring during construction $4,500 ($1,500 per day — budgeted for 3 d_ ays) Tree Clearing cif required) $2,500 per Plans and Specifications Review $850 Construction Materials Testin�Services TBD 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 F n L 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 nsult t , Inca (Firm Registration: TX F3272) 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 P90205189 Environmental Boring Locations Exhibit Drawn by: �N Scale: AS SHOWN Hwramn Checked by: File Name: Proposed 16 -inch Transmission Main Line PJP Exhibit 1 6911 Blanco Road Near Roy Richard Road Approved by: Date: PJP 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 Technician (Drilling & Utility Coordination) 50 hour $75.00 $3,750.00 Vehicle Charge 5 each $100.00 $500.00 $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 Clerical 4 1 hour 1 $60.00 1 $240.00 $10,390.00 Total Estimated Fee $38,885.00 7k SEVEN ARROWS April 6, 2021 KT :TA =CH:M E =NT 3 Kinn|ey-Honn and Associates, Inc. Attn: Stephen ]./\nioL PE. 6U1NVV Loop 41O Suite 350 San Antonio, TX782I6 Re: City ufSchertz Dedicated Transmission Main Land Rights Acquisition Services SCOPE OF SERVICES GENERAL: The City ofSchertn (City) has real estate impacts associated with the Dedicated Transmission Main Project (the Project) which will include appraisal and real estate acquisition services. 7Arrovvs Land Staff, LLC (7Arrowa) shall provide a variety of services to support Kinnley-Horn and Associates, Inc. (Kirnley-Horn) and the City in execution of the project including appraisal and land rights acquisition services. 7Arrovv'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. I. Title Services for 20 Parcels a\ Review preliminary title commitment (Schedules A, B & [) 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. d Secure title insurance for all parcels, insuring acceptable title. Cure all exceptions onSchedule (, when applicable. Written approval by City will be required for any exceptions tocoverage. d\ Attend closings and provide closing services in conjunction with Title Company for all tracts. e\ Record all original instruments immediately after dosing at the respective County Clerk's Office. f) Research title and provide Condemnation Title Report to legal counsel for property rights that will be acquired through Eminent Domain. (See item 7below) BRIDGING THE GAP .... between design &construction 7k SEVEN ARROWS Z. Appraisal Services for 18 Permanent/TCE and 2 Temporary Construction Easement Acquisitions a\ Kjnn|ey-Horntoprovide right ofentry|ettersforuseb«appnaiser 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 ofProfessional 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 or owner'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 of delivery/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 ofWay. 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 dosing documents and facilitate execution of all necessary documents. Attend closings and provide closing services in conjunction vxithllt|eCunnpanyfor 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 dcoinA 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 Kinn|ey-Horn. c) Participate in up to 10 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 I FEE SCHEDULE — BASIC SERVICES I 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 I Closing Services I 51.500.00 I *18 Parcels with PE /TCE @ $7,500 $135,000.00 **2 Parcels with TCE Only @ $6,500 $13,000 ACQUISITION SUBTOTAL: $148,000.00 I APPRAISAL SERVICES: I I Permanent Easement & TCE 1 $3,500.00 to $4,500.001 Temporary Construction Easement I $3,000.00 - $4,000.00 18 Parcels with PE /TCE @ $4,000 $72,000.00 2 Parcel with TCE Only @ $3,500 $7,000.00 APPRAISAL SUBTOTAL: $79,000.00 TOTAL ESTIMATED COST: 1 $227,000.00 BRIDGING THE GAP.... between design & construction www.7arrowsland.com Yt tb '2 ' O rr k SEVEN ARROWS FEE SCHEDULE — SUPPLEMENTAL SERVICES 2 72 t, ttt yt` }S2 ttt tti {t tt ttc,s !iltlt ittfi: §)a t z21i at } ,t.� >ftt +f 4u t. s t tt' §i "tt tf tt:;.ft tt fttx rtlf4(f.f }t t! tt t t 2 t ( 11 s�}jts zf s4: { ti..t t tf} {tt i4 ,: � }1 t,I ttF 5 } tt 1 5 {t t�s� 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 oGROUP March 1.0, 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, 2021. Introduction TRG will perform SUE services for this project in general accordance with the recommended practices and procedures described in ASCE publication Cl/ASCE 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 -Horn (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 ( Universal City, Texas 78148 ( Phone: 210.981.3050 i i:iii:y i?':nghieeririg L'fiiit ( "oordinalion City of Schertz - Transmission Main March 10, 2021 Page 2 of 4 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 TRG's paint marks and flags. 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 QL "D " and "C' — Records Research and Surface Feature Survey It is the responsibility of the SUE provider to perform 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" — Designating 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, 1.740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 Siabsuri,tc i.ifiiit1 13::k k : is i1 1 1 4iiit'ir Coo dinatio 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 l l" 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 —1.0 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 i_ iii I`ligi lice iiiiw 1 t;'!iiit 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 I 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 I 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 I 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 I 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 78216 Submitted electronically via email: steptjt L� n�i[)IE 1t° �- i � otp 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 0 18301 I !M) 095 -2170 N. RD IONL5 FFAH 01004CIOU 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 I b T Tg a re. Buy, 997 G4?7FM31],SFMSBRAKK, TKYBDID 'SA [Roo O m G.0 Isrusnam 01004QDU 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 II 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 o trip no-5m, I F mmm X110 9 P.. COOK 192 16477'FM 311 : SPHIS BPAAMn A78070 ,fI WNW, SHER 000SURVE11 1 Bpi t F! 'am 0100 4Q a 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 F.. Box T. 6471E 31�,7fM F: #1r 7 14ERKflflDMR;',MM&CDM 0 IORLSHIMP19044200 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: Step and ebekah r r rn i 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, Rico Laijas Department Manager Sherwood Surveying & S.U.E., LLC Re: Schertz Dedicated Transmission Main Project Approved Date Name (print) Title PROPOSAL TO CONDUCT A CULTURAL RESOURCES ASSESSMENT OF THE SCHERTZ DEDICATED TRANSMISSION MAIN PROJECT, GUADAL UPE COUNTY, TEXAS Proposal Date: March 15, 2021 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