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24-R-82 Lockwood, Andrews and Newman Professional Engineering Service
RESOLUTION NO. 24-R-82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH LOCKWOOD, ANDREWS, AND NEWNAM, INC., FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO A ROUTE STUDY AND ANALYSIS FOR THE CIBOLO WEST WASTEWATER TRUNK MAIN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Staff of the City of Schertz (the City) has determine that the City requires professional services relating to a Route Study and Analysis (the Study) for the proposed Cibolo West Wastewater Trunk Main Project; and WHEREAS, City Staff has determined that Lockwood, Andrews, and Newnam, Inc., (LAN) is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, Green Valley Special Utility District (GVSUD) will share the cost of the Study in accordance with a mediated settlement agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with LAN pursuant to an agreement in substantially the form attached, subject to minor changes approved by the City Manager and City Attorney; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement for Study and Report Professional Services with LAN in substantially the form set forth in Exhibit A in the amount of $254,210 with a not to exceed $300,000 expenditure for the Route Study and Analysis portion of the Cibolo West Wastewater Trunk Main Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of 50234811.1 such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this `J day of (!24AY' , 2024. CITY OF SCHERTZ, TEXAS Ralp i tierr Mayor A T: ] � SMra Edmondson, City [Secretary 50234811.1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES CIBOLO WEST TRUNK MAIN ROUTE STUDY AND ANALYSIS NOTE: THE CITY OF SCHERTZ, TEXAS HAS MODIFIED THIS DOCUMENT. THE MODIFIED LANGUAGE IS INDICATED BY STRIKEOUT AND/OR UNDERLINING EJU'UC'7;1l11Mw ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES A14WE AMERICAN SOCIETY OF CIVIL ENGINEERS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright © 2022: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC® Engineering Series Documents. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES This is an Agreement between the City of Schertz (Owner) and Lockwood, Andrews, and Newnam, Inc. (LAN) (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as the Cibolo West Trunk Main Route Study (Project). Owner and Engineer further agree as follows: ARTICLE 1—ENGINEER'S SERVICES 1.01 Study and Report Services of Engineer A. Engineer's services under this Agreement are generally identified as B. The Cibolo West Wastewater Trunk Main Route Study and Analysis ("Study and Report Services"). C. Engineer shall perform or furnish the Study and Report Services set forth in this Agreement, expressly including the Basic Services described in Article 1 of Exhibit A, Scope of Engineer's Study and Report Services, and any duly authorized Additional Services described in Article 2 of Exhibit A. ARTICLE 2—OWNER'S RESPONSIBILITIES 2.01 Owner shall: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Study and Report Services, including but not limited to design objectives and constraints; space, capacity and performance requirements; flexibility and expandability goals; security issues; any anticipated funding sources; and budgetary limitations. B. Furnish to Engineer all existing studies, reports, and other available information pertinent to the Engineer's performance of the Study and Report Services, including reports and data relative to previous investigations, designs, construction, or existing facilities at or adjacent to any Site under consideration. C. Following Engineer's assessment of initially -available Project data and information, and receipt of Engineer's advice regarding the need (if any) for additional Project -related data and information, either (1) authorize Engineer to undertake Additional Services necessary to obtain such additional Project -related data and information, or (2) obtain, furnish, or otherwise make available (if necessary through title searches, or retention of specialists or consultants) such additional Project -related data and information. Such additional data and information would generally include the following: Property descriptions. Zoning, deed, and other land use restrictions. Utility information, reports, and mapping. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 4. Property, boundary, easement, right-of-way, topographic, and other special surveys or data, including establishing relevant reference points. 5. Explorations and tests of subsurface conditions at or adjacent to a Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at a Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site(s), and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. D. Advise Engineer of the identity and scope of services of any independent consultants and contractors retained by Owner to perform or furnish services pertinent to the Study and Report Services. E. 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. Authorized representatives of the En: ineer will be allowed access to the facilities on City premises at reasonable times to perform the obligations of the Engineer regarding such facilities. Engineer shall adhere to all City rules, regulations, and guidelines while on City ro er . It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary e.g., national security, public safety): F. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to any Site under study. G. Examine all Documents submitted by Engineer (and obtain the advice of an attorney, risk manager, financial advisor, insurance counselor, or other advisors or consultants as Owner deems appropriate with respect to such examination), and render in writing timely decisions pertaining to such Document submittals. H. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A. I. Furnish (if necessary by retaining qualified specialists or consultants) accounting services; bond and financial advisory services; independent cost estimating; and insurance, risk management, and legal services, as required in support of Engineer's performance of its Study and Report Services. 2.02 Owner shall be responsible for all requirements and instructions that it furnished to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. 2.03 Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: A. any development that affects the scope or time of performance of Engineer's services; B. the presence of any Constituent of Concern at any Site; or C. any relevant, material defect or nonconformance in Engineer's services or Owner's performance of its responsibilities under this Agreement. ARTICLE 3—SCHEDULE 3.01 Schedule for Rendering Services A. Engineer shall furnish the Report and any other Study and Report deliverables to Owner within a reasonable period of time. B. Owner shall review the Documents submitted by Engineer and provide one set of coordinated comments to Engineer within a reasonable period of time after Owner receives the Documents from Engineer. C. Engineer shall revise the Report and other deliverables and submit such Documents to Owner within a reasonable period of time of receipt of Owner's comments. D. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Study and Report Services is impaired, or such services are delayed or suspended, then the time for completion of Engineer's Study and Report Services, and the rates and amounts of Engineer's compensation, will be adjusted equitably. ARTICLE 4—ENGINEER'S COMPENSATION 4.01 Invoices and Payments A. Invoices —Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. Engineer shall also comply with the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A. B. Payment —As compensation for Engineer providing or furnishing Study and Report Services, Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. C. Failure to Pay —If Owner fails to make any payment due Engineer for Study and Report Services or expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; (2) in addition Engineer may, after giving 7 days' written notice to Owner, suspend the Study and Report Services under this Agreement until Engineer has been paid in full all amounts due for such services, expenses, and other related charges, and in such case Owner waives any and all claims against Engineer for any such suspension; and (3) if any payment due Engineer remains unpaid after 90 days, Engineer may terminate the Agreement for cause pursuant to Paragraph 5.01.13. D. Reimbursable Expenses —Engineer is entitled to reimbursement of expenses only if so indicated in Paragraph 4.02.A or 4.02.8. If so entitled, and unless expressly specified otherwise, the amounts payable to Engineer for reimbursement of expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external expenses allocable to the Project, including Engineer's subcontractor and subconsultant charges, with the external expenses multiplied by a factor of 1.1. E. Payments Sub;ect to Future Appropriation - This Agreement shall not be construed as a commitment,_issue, pledge or obligation of anyspecific taxes or tax revenues for payment to Engineer. 1. All payments or expenditures made by the Owner under this Agreement are subject to the Owner's appropriation of funds for such payments or expenditures to be aid in the budget year for which they are made. 2. The payments to be made to Engineer, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the Owner as maV be legate set aside for the implementation of Article III, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized bV statute or home rule powers of the Owner under applicable Texas law, subject to any applicable limitations or procedural requirements. 1.3. In the event the Owner does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement the Owner shall not be liable to Engineer for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Engineer, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. 4.02 Compensation A. Basis of Compensation —Basic Services 1. Hourly Rates. Owner shall pay Engineer for Basic Services as follows: a. An amount equal to the cumulative hours charged to the Project by Engineer's employees times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection with providing the Basic Services. b. Engineer's Standard Hourly Rates are attached as Appendix 1. c. The total compensation for Basic Services and reimbursement of expenses is estimated to be $254,210. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 B. Additional Services —For authorized Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged by Engineer's employees in providing the Additional Services, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services. Engineer's standard hourly rates are attached as Appendix 1. ARTICLE 5—TERMINATION 5.01 Termination for Cause A. Either party may terminate the Agreement for cause upon 30 days' written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement, through no fault of the terminating party. 1. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 5.01.A if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice. B. In addition to its termination rights in Paragraph 5.01.A, Engineer may terminate this Agreement for cause upon 7 days' written notice (a) if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional, (b) if Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control, (c) if payment due Engineer remains unpaid for 90 days, as set forth in Paragraph 4.01.C, or (d) as the result of the presence at the Site of undisclosed Constituents of Concern as set forth in Paragraph 6.06.A. 1. Engineer will have no liability to Owner on account of any termination by Engineer for cause. 5.02 Termination for Convenience —Owner may terminate this Agreement at will and without cause u,.,on not less than ten 10 dalis written notice to the En ineer fere9nVeRienEe, ^{f^^* ^^^ G F's Feeeipt of notice^ fFern Qw 5.03 Payments Upon Termination A. In the event of any termination under this Article 5, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, and to reimbursement of expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of all deliverable Documents, whether completed or under preparation, subject to the provisions of Paragraph 6.04, at Owner's sole risk. B. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner's rights to the use of the deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing. _ EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 C. If Owner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's subcontractors or subconsultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Paragraph 4.02.6. ARTICLE 6—GENERAL CONSIDERATIONS 6.01 Standard of Care A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer 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 technical standards. 6.02 Construction Costs; Project Costs A. Engineer's opinions (if any) of probable construction costs are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because of the limited and preliminary nature (1) of the Study and Report Services and (2) of any capital improvements described in any delivered Document, and because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from opinions of probable construction costs prepared by Engineer. If Owner requires greater assurance as to probable construction costs, then Owner agrees to obtain an independent cost estimate. B. The services, if any, of Engineer with respect to Total Project Costs will be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility or liability for the accuracy of any opinions of Total Project Costs. 6.03 Constructors' Work A. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will 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 any Site, nor for any failure of a Constructorto comply with laws and regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 6.04 Documents A. All Documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such Documents, whether or not the Project is completed. B. Owner may make and retain copies of Documents solely for Owner's information and reference in connection with the specific subject matter of the Documents, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents, and subject to the following limitations: 1. Owner acknowledges that such Documents are not intended or represented to be suitable for use by Owner unless completed by Engineer; 2. If Engineer has completed a Report under this Agreement, and received full payment for such Report, then Owner may furnish copies of the completed Report to Owner's consultants and design professionals for their reference in proceeding with design or similar services, provided that Owner informs such consultants and design professionals of Engineer's ownership interests in the Report, and includes with the Report all Engineer's written statements regarding the purpose, scope, use, and limitations of the Report; 3. Owner acknowledges that the Documents are not design or construction documents; 4. No Document shall be altered, modified, or reused by Owner or any third party for any purpose except with Engineer's express written consent; 5. Any use, reuse, alteration, or modification of the Documents, except as authorized in this Agreement or by Engineer's written consent, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, subcontractors, and subconsultants; 6. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, subcontractors, and subconsultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any unauthorized use, reuse, alteration, or modification of the Documents; and 7. Nothing in this paragraph shall create any rights in third parties. C. Owner and Engineer agree to transmit, and accept, the Documents and all other Project - related correspondence, text, data, drawings, documents, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. 6.05 Waiver of Damages A. ENGINEER AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTzTEXAS AND ALL OF ITS PRESENTS FUTURE AND FORMER EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM DEMANDS CAUSES OF ACTION JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY COSTS AND DAMAGES WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS INCLUDING DEATH ORTO PROPERTY BOTH REAL AND PERSONAL) TO THE EXTENT CAUSED BY THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR —EXPRESSLY INCLUDING EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES OR TEXAS — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(A) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE.T the fullest extent•++ d by la OwneF and En „ve..gainst , related- + this A + the D + f In a d.di+in I ' -'+ +•aR f Liability. QwReF d C that 9n p's tetal IlAbili+Y +n Q _ Mutual Waiver of Consequential Damages. In no event shall either party under the Agreement be liable to the other party, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, special or consequential damages of any kind or nature whatsoever. 6.06 General Provisions A. Constituents of Concern —The parties acknowledge that Engineer's Study and Report Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of the Study and Report Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Study and Report Services. B. Dispute Resolution —In accordance with the provisions of Subchapter I Chapter 271 TEX. LOCAL GOV'T CODE the parties agree that rior to instituting anV lawsuit or other proceeding arising from a dispute under this agreement the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than S days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet in person, in an effort to resolve the dispute. U If those persons cannot or do not resolve the dispute, then the parties shall each aprjoint aperson from the highest tier of managerial responsibility within each res, ective hart. who shall then prom,1y meet. in person.. in an effort to resolve the dispute. QwRer and ag. ee + v + + eaGh dispute hi-ty0pon +hem on geed faith C. Governing Law —This Agreement is to be governed by the laws of the state in which the Project is located. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 D. Exclusions from Services —Engineer's Study and Report 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 municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. E. Insurance —Engineer will maintain insurance coverage as set forth in Exhibit B "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liabilit insurance policy carried by Engineer that is a ;dicable to the project, fOF ` ,� �;;mT CempeRsation, GeneFal Liability, PpefessieRal Liability, and Autemebile Liability, -and- vVill F. Successors and Assigns 1. 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 6.06.F.2 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. 2. 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 by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. G. _Beneficiaries —Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third -party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. H. Subletting - The Engineer shall not sublet or transfer any portion of the work under this A,Lreement, or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the Owner, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the Owner in the subletting of anV work shall not relieve the Engineer of any responsibility for work done by such subcontractor. I. —Non -Collusion - Engineer represents and warrants that Engineer has not given, made, promised or Maid, nor offered give make promise or pay any gift,bonus commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the Owner underthis Agreement. Engineer further agrees that Engineer shall not accept any gift, bonus, commission, money, or other consideration from an erson jqjher _ than from the Owner QW pursuant to this Agreement for an, of the Work erformed by EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 Engineer under or related to this A reement. If an such gift, bonus, commission, money, or other consideration is received by or offered to Engineer. Engineer shall immediately report that fact to the Owner and at the sole option of the Owner , the Owner may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Engineer under or pursuant to this Agreement. J. Compliance with Laws - The Engineer shall comply with all federal, state and local laws statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation worker's compensation laws minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations When required, the Contractor shall furnish the Owner with satisfactory proof of compliance. K._Force Maiure - If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include without limitation pending litigation, acts of God war, acts of civil disobedience fire or other casualty, shortage of materials adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing. temoeratures or tornadosl labor action strikes or similar acts moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of anyof the foregoing force maieure events shall deliver written notice of the commencement of an • such delay resulting from such force ma'eure event not later than seven 7 days after the claiminp, partybecomes aware of the same and if the claiming party fails to so notify the other party of the occurrence of a force ma'eure event causing such delay and the other party shall not otherwise be aware of such force ma'eure event, the claiming art shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. L. Non -Boycott of Israel - Pursuant to Section 2270.002 of the Texas Government Code Engineer certifies that either i it meets an exemption criterion under Section 2270.002• or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resultin from this solicitation. Engineer shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole voprietorship, organization, association corporation, partnership joint venture, limited partnership, limited liability partnership, or limited liability company including.a wholly owned subsidiary, majority -owned subsidiary parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing : business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 M. Non -Boycott of Energy - Pursuant to Texas Senate Bill 13 (2021), Engineer certifies that either (i) it does not boycott Israel and will not boycott energy companies; and 2) will not boycott energy companies during the term of the contract resulting from this solicitation. Engineer shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. N. Non -Boycott of Firearm Entity - Pursuant to Texas Senate Bill 19 2021 Engineer certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association: and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association. 0. _Disclosure of Business Relationships/Affiliations; Conflict of Interest Questionnaire - Engineer represents that it is in compliance with the applicable filing and disclosure re uirements of Chapter 176 of the Texas Local Government Code. P. Certificate of Interested Parties - Effective January 1 2016pursuant to House Bill 1295 passed by the 84th Texas Legislature Section 2252.908 Texas Government Code as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval bV the Schertz City Council will require the on- line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments extensions or renewals. Engineers are re uired to complete and file electronically with the Texas Ethics Commission using the online filin application. Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and https://www.ethics.state.tx.us/tec/`1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. ARTICLE 7—DEFINITIONS 7.01 Definitions Used in this Agreement A. Constructor —Any person or entity (not including the Engineer, its employees, agents, representatives, subcontractors, or subconsultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. B. Constituent of Concern —Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to laws and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 C. Documents —All documents expressly identified as deliverables in this Agreement, whether in printed or electronic form, required by this Agreement to be provided or furnished by Engineer to Owner. Such specifically required deliverables may include, by way of example, data, studies, models, and reports (including the Report referred to in Exhibit A). D. Site —One or more lands or areas that Engineer studies as the location or possible location of the Project. E. Total Project Costs —The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including construction costs and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties and private utilities (including relocation if not part of construction costs), Owner's costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. F. Underground Facilities —All active or not -in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at a Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. ARTICLE 8—AGREEMENT, EXHIBITS, ATTACHMENTS 8.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 8.02 Attachments: A. Exhibit A, Scope of Engineer's Study and Report Services including Hourly Rates and Level of Effort EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 This Agreement's Effective Date is [insert date]. Owner: City of Schertz Engineer: Lockwood, Andrews, and Newnam, Inc. (name of organization) (name of organization) By: _ _ By: (authorized individual's signature) (authorized individual's signature) Date: Date: _ _ — (date signed) (date signed) Name: Steve Williams Name: _ (typed or printed) (typed or printed) Title: City Manager Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: 1400 Schertz Parkway Schertz, TX 78154 Designated Representative: Name: Kathrvn Woodlee (typed or printed) Title: _City Engineer (typed or printed) Address: 11 Commercial Place Schertz, TX 78154 Designated Representative: Name: Title: Address: Phone: 210.619.1823 Phone: Email: kwoodlee@schertz.com Email: (typed or printed) (typed or printed) EJCDC® E-525, Agreement Between Owner and Engineer for Study and Report Professional Services. Copyright ©2022 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 EXHIBIT A SCOPE OF ENGINEER'S STUDY AND REPORT SERVICES DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 PLANNING Lan ENGINEERING PROGRAM MANAGEMENT April 17, 2024 TEXAS AUSTIN COLLEGE STATION Ms. Kathryn J. Woodlee, PE, CFM CONROE City Engineer CORPUS CHRISTI City of Schertz DALLAS 10 Commercial Place, Building 2 FORT WORTH Schertz, Texas 78154 FRISCO HOUSTON LAREDO Re: Proposal for Professional Engineering Services SAN ANTONIO Cibolo Valley West Trunk Main Route Study and Analysis SAN MARCOS WACO Dear Ms. Woodlee: CALIFORNIA Lockwood, Andrews, and Newnam, Inc. (LAN) is pleased to submit this updated LOS ANGELES proposal for engineering services to the City of Schertz and Green Valley Special ORANGE Utility District for the above referenced project. SAN JOSE Scone of Services ILLIN OIS CHICAGO LAN proposes a scope of services of wastewater master planning, hydraulic modeling, opinions of probable construction cost and pre -design services to size and MICHIGAN cost share a wastewater trunk main for the City and the Green Valley Special Utility OKEMOS District. The Cibolo Valley West Trunk Main Route Study and Analysis is further detailed in Attachment A. Proposed Team LAN proposes a team familiar with Schertz and the surrounding area. Lisa Lattu will lead the Project with Dr. Behnaz Khakbaz leading the Hydraulic Modeling and Elaiza Alvarez as Technical Advisor. I MackrenaRamas.Pp Elaiza Alvarez, PE, CFM `"" Lisa Lattu, PE, AICP " Dedra Eckland, PE Lockwood, Andrews & Newnarn, Inc. Route Evaluation i Abe padres f Opinion of T 1 ;,W, etjer Planning & ttydrautic Modeling Probable Construction Cast Dr. Behnaz Khakbaz, PE ^" A LEO A DALY COMPANY Manny DePau, PE. LEER AP Carolina Garza dM 407 S. Stagecoach _ Peter Yanagisawa, EIT Suite 207 San Marcos, TX 78666 512.396.4040 WWT 1Y Environmental, Cuttural Desktop Review Geotechnkal Desktop Review Blanton & Associates. Inc.I ICF Raba Kistner Consultants, Inc. Ian-inc.com DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-201867CC86F3 Lockwood, Andrews Proposed Fee Estimate and Schedule & Newnam, Inc. LAN proposes to complete and bill these services on an hourly (time -&-material) A LEO A DALY COMPANY basis not -to -exceed amount of $254,210.00, including reimbursable expenses. Table Page 1 2 1 provides an overview of the proposed fee estimate. A detailed breakdown is provided in Attachment B — Level of Effort. Apri117, 2024 LAN is ready to start working upon receipt of Notice -to -Proceed. The proposed Kathryn J. Woodlee, PE, CFM schedule will be coordinated with you and, depending on work and site complexity, the number of days estimated may change. The estimated duration for each phase is noted in Table 1 with an anticipated project completion within 6 months. Tnhla 7 Phase Fee Schedule Project Management $29,895 Continuous Sewershed Evaluation $32,745 2 weeks Route and Alternatives Analysis $56,360 3 weeks Support Services $29,950 9 weeks* Opinion(s) of Probable Construction Costs $16,750 2 weeks Technical Memorandum $62,590 4 weeks Presentations & Public Meetings $25,920 6 weeks TOTAL $254,210 7 months * Support Services schedule overlaps with OPCC and preparation of Draft l ecnnicai memorandum. We appreciate this opportunity to be of continued service to the City of Schertz. Should you have any questions or require additional information, please do not hesitate to contact me by phone 936.703.1001 via email. Sincerely, Lockwood, Andrews & Newnam, Inc. E DocuSigned by: t,I iSSa SA003FA3EFD14D2... Melissa C. Mack, P.E., PMP Vice President, Principal MCM:IkI Enclosures: Attachment A — Scope Attachment B — Level of Effort Cc: Brian James, Deputy City Manager Larry Busch, Director of Public Works DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Attachment A BASIC SCOPE OF SERVICES The City of Schertz (City) Cibolo Valley West Trunk Main Route Study and Analysis (Project) consists of engineering and support services including wastewater planning and analysis, hydraulic modeling, site reconnaissance, and constructability review to route, size, and calculating cost sharing for the future wastewater trunk main that will serve the City and the Green Valley Special Utility District (GVSUD) between the north/south watershed break near Schaeffer Road and the Cibolo Creek Municipal Authority (CCMA) Wastewater Treatment Plant, approximately 23,000 linear feet (LF). Based on the City's current Master Plan efforts, a 15-inch trunk main is anticipated to serve wastewater loads from the City only. The final trunk main size will be identified to serve but load for the City and GVSUD. BASIC SERVICES for the Project include: (1) Project Management, (2) Sewershed Evaluation, (3) Route and Alternatives Analysis, (4) Support Services, (5) Opinions of Probable Construction Cost, and (6) Technical Memorandum, Presentations and Public Meetings. SUPPORT SERVICES for the Project include (4.2.a) Desktop Environmental Review and (4.2.b) Desktop Geotechnical Review. 1. Project Management LAN shall endeavor to provide efficient and effective use of LAN's and the City's time and resources. Following is a description of our Project Management services: 1.1 Attend a project kickoff/chartering meeting with the City, Project Manager, and other key staff to clarify scope, understand objectives, identify limitations and constraints, and ensure economical and functional deliverables that meet City requirements. 1.2 Manage all efforts of the project team, individual team members, and required sub - consultants throughout the Project and maintain appropriate records and documentation of Project decisions, modifications, activities, communication, correspondence, and schedules. 1.3 Prepare and submit a data request list for the City at the Kickoff Meeting. 1.4 Prepare and periodically update an overall project schedule to monitor the progress of the work and identify project deliverables and timing for City review meetings/workshops. 1.5 Provide invoices monthly including monthly progress reports documenting tasks completed, tasks in progress, activities scheduled during the next period, and pending deliverables. LAN will also clearly note the project progress relative to the baseline schedule and identify requirements of the City to keep the Project progressing as planned. 1.6 Conduct up to five (5) regular progress review meetings with the City and those personnel designated by the City for the purpose of reviewing progress, status, or study details. 1.7 Prepare a written Quality Assurance/Quality Control (QA/QC) plan specific to this project and provide a copy to the City at the beginning of the project. Provide appropriate quality control reviews by a qualified reviewer independent of the project team of reports, memoranda, documents, and other deliverables prior to submittal. QA/QC documentation will be available for the City throughout the duration of the project. 2. Sewershed Evaluation 2.1 LAN will collect and review relevant data (provided by City) for sewershed evaluation and model updates including GVSUD growth and wastewater loading projections for the 30-year planning horizon. DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-201867CC86F3 2.2 Update the model with the GVSUD collection points wastewater loading as well as peaking factor. Review model for accuracy and performance errors. 2.3 Review and correct trunk main deficiencies identified in the model based on Dry - Weather Flow and Wet -Weather Flow scenarios due to the additional GVSUD wastewater loading, including undersized lines, active or potential SSOs, and insufficient lift stations capacity. Lift stations will be avoided where possible. Future wet -weather modeling will be based on the existing Inflow & Infiltration (I&I) percentage and subsequent peaking factors experienced in the existing system. 2.4 Update the wastewater model to include and analyze the potentially viable route(s) for trunk main sizing. Assumes two (2) routes. 2.5 Conduct Quality Assurance and Quality Control in accordance with QA/QC plan. 3. Route and Alternatives Analysis 3.1 Collect and review relevant utility and treatment plant connection (provided by City) and coordinate site visit(s). 3.2 Obtain and review block maps for utilities and energy pipelines. 3.3 Review of aerial imagery and existing maps to evaluate possible conflicts and plan up to two (2) potentially viable route(s) for analysis. 3.4 Site Visit of potentially viable route(s) includes taking photos along the route(s) to document alignment considerations and identify most feasible route (1 site visit). 3.5 Prepare route map(s) for the potentially viable route(s). 3.6 Evaluate proposed pipe material and/or construction techniques (i.e., open cut versus trenchless). 3.7 Prepare high-level cost estimate for two (2) potentially viable routes. High-level cost estimate to be used as part of evaluation of alignments to designate Selected alignment. 3.8 Prepare decision matrix to evaluate potentially viable route(s) for stakeholders' selection. Selected alignment will advance for additional evaluation. 3.9 Conduct Quality Assurance and Quality Control in accordance with QA/QC plan. 4. Support Services 4.1 Evaluate and identify potential easements and access for Selected alignment. 4.2 Evaluate the Selected alignment for constructability including: a. Desktop Environmental Review, and b. Desktop Geotechnical Review. Desktop Review proposals for sub -consultants included as part of this Scope of Services attachment. Tasks includes review of reports by engineer. 4.3 Conduct Quality Assurance and Quality Control in accordance with QA/QC plan. S. Opinions of Probable Construction Cost 5.1 Collect, review, and incorporate the latest construction pricing available from City/GVSUD, vendors, and local databases. 5.2 Prepare detailed Opinion of Probable Construction Cost (OPCC) for Selected alignment. 5.3 Prepare cost sharing percentage for the City and GVSUD based on pipe capacity for Selected alignment. 5.4 Conduct Quality Assurance and Quality Control in accordance with QA/QC plan. 2 DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Technical Memorandum, Presentations and Public Meetings 6.1 Prepare Draft Technical Memorandum illustrating and describing the potentially viable route(s), Selected alignment, and the associated OPCC and cost sharing. 6.2 Prepare and conduct a Draft Technical Memorandum workshop. Task includes preparation of workshop minutes. Attendance by Project Manager and one (1) additional staff member. 6.3 Prepare Draft Technical Memorandum review comment and response log and revise the Draft Technical Memorandum for presentation to the Public, City Council, and GVSUD Board. 6.4 Prepare Final Technical Memorandum to incorporate comments from the Public, City Council, and GVSUD Board meetings including Selected alignment, recommendation summary, potentially viable route(s) considered, OPCCs, cost sharing, decision matrix, and the complete Desktop Environmental and Geotechnical Reviews. 6.5 Conduct Quality Assurance and Quality Control in accordance with QA/QC plan. 7. Presentations and Public Meetings 7.1 Meet with City and GVSUD to discuss public meeting, prepare a presentation, and attend a public meeting to review the Project and Selected alignment as directed by the City and GVSUD. Attendance by Project Manager and one (1) additional staff member. 7.2 Host one (1) workshop with Schertz and GVSUD staff to review presentation and obtain feedback prior to finalizing presentation for City Council and GVSUD Board. Attendance by Project Manager and one (1) additional staff member. 7.3 Finalize presentation and attend one (1) City Council meeting to review the Selected alignment. Attendance by Project Manager and one (1) additional staff member. 7.4 Attend one (1) GVSUD Board meeting to review the Selected alignment. Assumes presentation prepared for City Council will be used for this meeting. Attendance by Project Manager and one (1) additional staff member. Deliverables LAN will provide the following Deliverables as part of the Basic Services of the Cibolo Valley West Sanitary Trunk Line Route Study and Analysis: • Electronic Draft Technical Memorandum and Presentation • Meeting and Workshop Minutes • Final Technical Memorandum including Subconsultant Reports (Desktop Environmental and Geotechnical Reviews) • Copies of SewerGEMS model data files and associated documentation developed as part of this study • Modeling software is not included and can be purchased separately • Digital copies of photographs taken as part of the project 3 DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Assumptions & Exclusions • All documents and deliverables will be electronic. • Progress Meetings will be held via video conferencing. In -person meetings will include the Kickoff Meeting, one (1) City Council, one (1) GVSUD Board, and (1) public meeting. • City will provide the required data related to land use, growth assumptions, and projected wastewater loading and collection points for GVSUD. • City will provide details concerning the location and connection to the CCMA Treatment Plant. • Project will evaluate Cibolo Valley West trunk main and associated lift stations only. • Treatment and supply facilities are excluded. • Manhole survey and measure downs are excluded and will be provided by City. • Inclusion of data for annexations or new developments after initiation of the work may require additional fee. • No property access or right of entry letters will be necessary. • Additional services, if required, can be provided under a separate authorization, and may include Topographical Survey, Subsurface Utility Engineering, Easements and Rights -of -Entree, Heritage Tree Survey or other Tree Protection work, or additional public meetings and/or presentations. • Preliminary Construction Cost estimated at $11,500,000 assuming $500/LF for 23,000 LF of 15- inch trunk main. FEE BASIS AND INVOICING LAN proposes to perform these services on a time -and -materials, not -to -exceed basis. Invoicing will occur at no less that 30-day intervals. Sub -consultant tasks include a 10% mark-up. RATE TABLE The rates proposed for this project are as noted: Principal - $ 400 Senior Technical Expert - CIA/QC - $ 360 Senior Project Manager - $ 345 Senior Modeler - $ 305 Senior Project Engineer - $ 305 Engineer - $ 220 Graduate Engineer - $ 150 Project Administrative - $ 130 4 Doo,Sign Envelope ID: 9EDF6782-A769- 3AEDB-201807CCB6F3 Attachment B - Level of Effort i i = Project Name: City of Schertz Ciboly Valley West Trunk Main Route Study and Analysis Date: April 7,2024 Pr%ared By: Lockwood, Andrews & Newnam, Inc. Principal Sr Tech Expert tNIGt Sr Prol Mgr Sr Modeler Sr Engineer Engineer Graduate Engineer Project Admin. Total Hours Subconsul rants and Task Expenses Budget $400 $360 $345 $305 $305 $220 $150 $130 - - TASK HOURS TOTAL Basic Services 26 71 198 110 146 188 68 l6 823 $18,220 S 254,210 1. Pre Mena en[ 11 1t 55 4 2 D 4 t 86 i 29,895 1 1 Attend a project kickoff/chartering meeting with the City, Project Manager, and other key staff to clarify scope, understand objectives, identilv limitations and constraints. 2 3 6 1 12 $ 4,080 1.2 Manage all efforts of the project team, team members, and required subconsuhants maintaining records and documentation of Project. 2 2 24 28 $ 9.800 1.3 Prenare and submit a data request list for the CiI at the Kickoff Meetin . 3 2 2 7 S 2,255 1.4 Prepare and periodically update an overall project atto onthe progress of the work and identify project deliverables and timing for Ci[ review meetin s/worksh.s. 4 4 8 S 1.980 1.5 Provide momhl invoice and yr ass re orts. 3 6 9 1 1 $ 3.270 1.6 Conduct uv to five 51 ular pro ress review meetings. 3 2 10 2 17 $ 5.980 1.7 Prepare Qualit Assurance/Qualit Control Ian. 1 4 2 7 $ 2.530 2. Sewershed Evaluation 2 2 11 82 4 D 8 0 101) $ 32.745 2 1 LAN will collect and review relevant data (provided by Chy) for sewershed evaluation and model updates including GVSUD growth and wastewater loadinc _rdactions for (he 30- ear aI nni horizon. 1 4 2 7 $ 1,865 2.2 Update the model with the GVSUD collection points wastewater loading as well as peaking factor. Review model for accuracy and performance errars. 2 8 2 12 $ 3.430 2.3 2.4 Review and correct trunk main deficiencies identified in the model based on DWF and W W F scenarios due to the additional GVSUD wastewater loadinn, indudin • undersized lines, active or potential SSOs. and Insufficient lift stations c acil:. Update the wastewater model to include and anal ze the otentiall viable mute, s' for trunk main sizing. Assumes 2 routes. 1 1 2 4 8 60 4 2 13 69 $ 3,830 $ 21,300 2 5 Conduct Qualit. Assurance and Qualit Control in accordance with QA/QC Ian. 2 2 2 8 $ 2,320 3. Route and Ahemativat Ana Is 5 +0 3F D .80 72 24 v 207 $ 56.360 3.1 Collect and review relevant ulilit. and treatment plant connection provided bti Cit• 1 and coordinate site visit s, 4 8 12 24 $ 6,460 3.2 Obtain and review block mays for utilities and energy ioelines. 2 4 8 14 S 3,670 3.3 Review of aerial imagery and existing maps to evaluate possible conflicts and plan up to two (2) potentially viable route(s) for analysis. 1 8 16 16 41 $ 11,560 3.4 Site Visil of viable routes, includes taking photos along the routes to document alignment considerations and identify most feasible route (1 site visit . 8 12 12 32 S 60D $ 9,660 3.5 Pre are Route maps, for the aotentiall viable routers). 1 4 a 8 24 41 $ 6,3fiD 3.6 Evaluate oroposed eme material andlor construction lechnhues. 1 2 2 1 4 4 13 $ 3.910 1.7 Pre are hi3h-level cost estimate for two 2 otenuallr viable routes. Hi h-level cost estimate to be used as art of evaluation of alignment 1 4 8 8 21 5,980 3.8 Prepare decision matrix to evaluate potentially viable roule(s) for stakeholders'selection. Selected alignment will advance for additional evaluation. 1 4 4 4 13 $ 3.880 3.9 Conduct Qualfiti Assurance and Quality Control In accordance with QA/QC plan. 8 8 $ 2.880 4. s art Servlpes D 8 14 0 B t7 0 2 44 S 291950 4.1 Evaluate and identity potential easements and access for Selected alionment. 4 4 12 2 22 $ 5,500 4.2 valuate the selected alignment for constructabllily including desktop Environmental and Geoteehnical studies 4 8 4 16 $ 16,900 $ 22,320 4.3 Conduct Qualit, Assurance and Qualit Control in accordance with QA/QC •Ian. 4 2 s $ 2,130 5. Opinions of Probable Construction Cost 14 1e 0 1 2 7p 0 2 611 16,750 5.1 Collect, review, and into orate the latest conslnrclion ricin available from Ci IGVSUD, vendorsand local calabases. 4 4 5 2 18 $ 4,620 5.2 Prepare opinion of Probable ConsWction Cosl [OPCC' for Selected alignment. 4 8 24 32 6,220 5.3 J Prenare cost shannn ercenta a for the Cit and GVSUD based on cauacit for Selected al nment. 1 2 3 S 1,090 5.4 ConduM Qualit Assurance and QUDIIt Control in accordance with QAIQC tan. 4 4 It 2,820 1 of 2 DocuSign Em,slope Ip: 8EDF6782-A7894MA EDB-201897CC861`3 Attachment B • Level of Effort Subconeul Sr Tech 5,P ro] sr sr Graduate Project Total tents and Tesk Project Name: City of Schertz Cibolo Valley West Trunk Main Route Study and Analysis Principal rt Aloc Mgr Modeler Engineer Engineer Engineer Admin. Hours Expenses Budget w Data: April 17, 2024 $400 $360 $345 $305 $3Ds $220 $150 $130 — — Prepared By: Lockwood, Andrews & Newnam, Inc. TASK HOURS TOTAL 6. Technical Memorandum 4 16 M 24 44 72 32 11 Z39 fit 590 Prepare Draft Technical Memorandum illustrating and describing the potentially viable mule(s), selected alignment, and the associated OPCCand cost shann,�. 1 16 16 24 40 16 4 117 $ 291840 Prepare and conduct a Draft Technical orandum workshop. Task Includes preparation of workshop minutes. Attendance by Project e 2 Mana- er and one (11 additional staff member.Mem 1 4 8 4 8 4 1 30 $ 9,270 Prepare Draft Technical Memorandum review comment and response log and revise the Draft Technical Memorandum for presentation 6 1 to the Public, Cil Council and GVSUD Board. 1 4 2 4 12 e 2 33 $ 7,710 Prepare Final Technical Memorandum to incorporate comments from the Public, City Council, and GVSUD Board meetings including e 4 Selected alignment, recommendation summary, other potentially viable routes considered, OPCCs, cost sharing, decision matrix, and the com lete Deskto Environmental and Geotechnical Reviews. 1 8 2 8 16 8 4 47 $ 11,0 6-5 Conduc[ Qualil• Assurance and QUaGt l Control in accordance with QAIQC :Ian. 12 12 $ 4,32 0 7. Presentations and Public Meetings 3 2D 32 0 10 a 0 0 S Z5.g28 Meet with City to discuss public meeting and prepare a presentation and attend a public meeting to review the Project and Selected l r alicinment as directed b Ole Cif . Attendance Pro' ct Manar er and one 111 additional staff member. 1 4 8 8 4 25 $ 18D $ B,100 rosl one wor s tip wit - c�ertz staff to review presentation a ontain eedbace poor to ma izing presentation or City Duna anti 7 2 GVSUD Board. Attendance P• �r Man er and one 1 addition tuber 8 8 16 $ 18D $ 5,820 2e presentation a a an tie lty .ounc meehng o rea.ew e e ect a ignment. a nce y rgec anager an 7 3 on oil "p4li n ls�H member. 1 4 8 8 27 $ 180 $ 7,220 Attend one (1) GVSUD Board meeting to review the Selected alignment. Assumes presentation prepared For CHy Council will be used t 4 far this meetin . Attendance by Project Man er and one 1 •- additional staff member. 1 4 8 13 S 180 $ 4,780 s xu,xeD 2 af2 DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 ♦fir ICF April 4, 2024 Ms. Lisa Lattu, PE, AICP Senior Project Manager LAN-INC 407 S. Stagecoach Trail, Ste. 207 San Marcos, Texas 78666 Via email: LKLattu Plan -in c. cam Re: Environmental and Cultural Resources Scope of Work and Fee: City of Shertz Cibolo West Wastewater Trunk Main Project Dear Ms. Lattu: Blanton & Associates, Inc., a wholly owned subsidiary of ICF Jones & Stokes, Inc., (ICF) is pleased to present this proposal to conduct environmental and cultural resources services related to the City of Schertz Cibolo West Wastewater Trunk Main Project in Bexar County, Texas. ICF's scope of work is based upon our understanding of the information identified below. PROPOSED PROJECT DESCRIPTION The City of Schertz is planning to approximately 20,500 linear feet (LF) of 15-inch plus sewer trunk line as well as another nearly 2,500 LF of 10-inch collector. The project is at the route analysis and proofing stage of development, preceding 30% design. Based on spatial data provided by LAN to ICF, the proposed Cibolo West sewer trunk line for evaluation extends approximately 8,690 feet to the northwest along Trainer Hale Road/Weir Road, beginning north of its intersection with Interstate Highway 10, then inflects to the northwest across a largely agrarian landscape approximately 11,810 LF to its terminus at West Shaefer Road, near its intersection with Raf Burnette Road. The collector line intersects the trunk line approximately 3,630 feet south of its northern terminus, from where it extends to the southeast to an unnamed maintenance road and facility off of Ray Corbett Drive. ICF's proposed scope of work consists of the following tasks to provide the environmental and cultural services necessary for route analysis at this time. This proposal includes data that shall not be disclosed outside the Recipient and shall not be duplicated, used, or disclosed —in whole or in part —for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of —or in conjunction with —the submission of the data, the Recipient shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Recipient's right to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in this volume and its appendices and attachments. 5 Lakeway Centre Court, Suite 200, Austin, TX 78734 USA +512.264.1095 icf.com DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Environmental and Cultural Resources Scope of work and Fee for the City of Schertz Cibolo West Wastewater Main Trunk Project April 4, 2024 Page 2 ENVIRONMENTAL AND CULTURAL RESOURCES REVIEW Scope of Work Federally Listed Species ICF will conduct a literature and database review to determine whether federally listed threatened, endangered, or other protected species are of potential occurrence in or adjacent to the project area and, if so, whether they could be affected by the proposed project. This analysis will include a review of current lists and records of threatened, endangered, and species of concern and designated critical habitat provided by the U.S. Fish and Wildlife Service (USFWS). The Texas Natural Diversity Database will be reviewed to determine if threatened and endangered species and/or other sensitive natural resources have been documented in or near the project area. Examination of the mapped karst zones and karst invertebrate critical habitat will be included in the desktop review; however, preliminary evaluation indicates that the project area is within Zone 5, which includes areas that do not contain listed invertebrate karst species. Water Resources ICF will review maps and aerial photography to identify potential wetlands and other waters of the U.S. within the project boundaries. Sources evaluated in the desktop review will include Federal Emergency Management Agency (FEMA) National Flood Insurance Program flood hazard digital data and maps, USFWS National Wetlands Inventory (NWI) digital data and maps, U.S. Geological Survey (USGS) topographic maps, USGS soil maps and Soil Survey Geographic Database (SSURGO) data, georeferenced natural color and color -infrared aerial imagery, and other pertinent data. Upon completion of the desktop review, ICF will decide which of the locations require completion of an on -site delineation of waters of the U.S., including wetlands, to identify and map wetlands, streams, and other potential waters of the U.S. The wetland delineation will follow the procedures outlined in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual, the 2010 Great Plains Regional Supplement, and other applicable guidance. ICF will map the boundaries of the wetlands and other potential waters of the U.S. using a Global Positioning System (GPS) with sub -meter accuracy. ICF will also capture representative photographs of identified water features. Based on the results of the delineation and desktop review, ICF will make permitting recommendations. However, permitting and regulatory agency coordination pertaining to water resources are not included under this scope. Historical and Cultural Resources Based on information available at this time, ICF assumes that the proposed project would be sponsored by a political subdivision of the state (City of Schertz) and would be constructed within state or city - controlled and/or state- or city -owned land; therefore, compliance with the Antiquities Code of Texas (9 TNRC §191) and associated state regulations (13 TAC§ 26) regarding cultural resources would be required for the project. The Antiquities Code of Texas requires any political subdivision of the State of Texas, defined as a "local governmental entity created and operating under the laws of this state, including a city, county, school district, or special district created under the Texas Constitution, Article III, §52(b)(1) or (2), or Article XVI, §59" in 13 TAC §26.5 of the code, to identify potential State Antiquities Landmarks (SALs) through survey of public lands prior to actions that could potentially damage those SALs. Public lands are further defined in 13 TAC §26.3 as lands owned or controlled by the State of Texas or any of its political subdivisions. ICF assumes that the proposed project would not have Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Environmental and Cultural Resources Scope of Work and Fee for the City of Schertz Cibolo West Wastewater Main Trunk Project April 4, 2024 Page 3 a federal nexus and that compliance with Section 106 of the National Historic Preservation Act would not be required. Upon notice to proceed, ICF would conduct a desktop review to determine if previously recorded cultural resources occur in the project areas and vicinity and if a cultural resources survey is warranted. The review would include the project areas and a 0.25-mile study area buffer around the proposed project area. An ICF archeologist will review the Texas Historical Commission's (THC's) online restricted -access Archeological Sites Atlas, and an ICF historian would review the THC's online Historic Sites of Texas Atlas and the Texas Department of Transportation's Historic Resources of Texas Aggregator. The noted sources would be reviewed to identify previously recorded archeological sites, cemeteries, vicinity cemeteries (general areas where cemeteries have been reported but the exact locations are unknown), National Register of Historic Places -listed properties and districts, SALs, Recorded Texas Historical Landmarks, and Official Texas Historical Markers in or within 0.25-mile of the project area. ICF would present the findings of the background review, together with recommendations about the need for additional work (or no further work) in the project area, in a letter to the THC. The same document would request that the THC to evaluate and comment on ICF's findings and recommendations (e.g., concur or disagree). If the findings of the desktop review indicate cultural resources survey is warranted and the THC concurs with ICF's recommendations for further work, then ICF would complete the work under a separate scope and fee. Report The product of this effort will be a report that describes the methods, results, and recommendations for desktop review involved with federally listed species, water resources, and historical and archeological resources tasks. The report will include accompanying tables, attachments, maps, and documentation on coordination with THC for cultural resources. Fee ICF's total fee to provide the scope of work detailed in this proposal for environmental and cultural review is $12,369 on a lump sum basis. ASSUMPTIONS FOR ENVIRONMENTAL AND CULTURAL RESOURCES REVIEW • Field surveys and assessments are not included in this scope of work. If requested, ICF would submit a separate scope and budget to LAN for consideration. • ICF assumes that the proposed project is not categorized as a federal undertaking. • This scope of work does not include permitting or agency coordination other than specified herein. Should such permitting or agency coordination be required, ICF would submit a separate scope and budget to LAN for consideration. • Preparation of a Waters of the U.S. Preliminary Jurisdictional Determination, Pre -Construction Notification (PCN), or permit application to the USACE is not included. If needed, a supplemental cost would be required. • Preparation of a Biological Assessment, Section 7 Consultation assistance, or permit application to the USFWS is not included. If needed, a supplemental cost would be required. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. DocuSign Envelope ID: 9EDF6782-A789-4C43-8ED6-2018B7CC86F3 Environmental and Cultural Resources Scope of Work and Fee for the City of Schertz Cibolo West Wastewater Main Trunk Project April 4, 2024 Page 4 • It is assumed the project will not impact federally listed ME species, and no presence/absence surveys or coordination with USFWS or TPWD for protected species will be required. If it is determined that presence/absence surveys or coordination with USFWS or TPWD are required for this issue, a supplemental cost would be provided. • ICF assumes the proposed project would be sponsored by a political subdivision of the state (City of Schertz) and is subject to compliance with the Antiquities Code of Texas (9 TNRC §191) and associated state regulations (13 TAC§ 26) regarding cultural resources. At this time, a federal trigger (funding, permitting/approval, or land ownership), which would require compliance with Section 106 of the National Historic Preservation Act (NHPA) and may include coordination with the U.S. Army Corps of Engineers, Fort Worth District (USACE) or other federal agencies, is not anticipated. If it is later determined that compliance with Section 106 of the NHPA and by extension coordination with a federal agency is required, such coordination will occur per the lead federal agency's protocols and be addressed under a separate scope and cost estimate. • At this time, it is assumed the proposed project area consists of a baseline route of 20,500 linear feet (LF) of 15-inch plus sewer trunk line and another 2,500 LF of 10-inch collector pipeline. • The cultural resources scope of work is limited to desktop review and submittal of a letter to the THC that summarizes the findings of the review, makes recommendations as to the need for additional work, and asks for the THC's concurrence on the findings and recommendations presented in the letter. • It is assumed that one Cultural Resources letter will suffice for submission to the THC and one round of comments will be completed with this agency. • The cultural resources scope of work does not include cultural resources surveys. If it is determined that cultural resources surveys are warranted and further work is requested by the City of Schertz, then these activities would be completed under a separate scope and fee. • Archeological testing or mitigation of archeological sites are not included in the cultural resources scope of work. If it is determined that archeological testing or mitigation are required and further work is requested by the City of Schertz, then these activities would be conducted under a separate scope and fee. • Human burial excavation/disinterment is not included in the cultural resources scope of work. If it is determined that burial excavation is required, these activities would be conducted under a separate scope and fee. • Revisions to the project that occur after notice to proceed (i.e., changes to the project footprint, regulatory triggers, or nature of impacts) may require additional time and materials and will be billed at an additional cost outside of this current scope of work. If project changes require additional time and materials, ICF will submit a separate scope and cost estimate for consideration. • This proposal and cost estimate are valid for 90 days. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Environmental and Cultural Resources Scope of Work and Fee for the City of Schertz Cibolo West Wastewater Main Trunk Project April 4, 2024 Page 5 If this proposal is acceptable, please forward a Purchase Order or execute the attached Authorization to Proceed in Attachment A to initiate this work. Thank you for the opportunity to provide this scope of work and fee proposal. Do not hesitate to call me at 512-962-8515 or via e-mail at john.williamson(cbicf.com if you have any questions. We look forward to working with you all. Sincerely, c7a&:,ee U)eea'l Crystal Wood Contracts Administrator Blanton & Associates, Inc. AttachmentA Authorization to Proceed John W. Williamson IV Project Manager Blanton & Associates, Inc. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 b RABA Agreement No. PNA23-006-00 Revised K I S T N E R March 19, 2024 Raba Kistner, Inc. 211 Trade Center, Suite 300 New Braunfels, TX 78130 www.rkci.com P 830.214.0544 F 830.214.0627 F-3257 SCOPE AND FEE ESTIMATE Project Name: Cibolo West Trunk Line — Desktop Study Client: Lockwood, Andrews & Newnam, Inc. (LAN) Project Description: A conceptual alignment (approximately 20,500 lineal ft) for the Cibolo West Trunk Line has been identified in the City of Schertz. Preliminarily, the trunk line may have a diameter of 15 inches +/- and may include an additional 10-inch collector line (approximately 2,500 lineal ft) that connects to the trunk line near the northern segment. The preliminary trunk line extends from Schaeffer Road and trends to the south and east towards Interstate 10. We assume that the trunk line will be near 10 to 15 ft below the existing ground surface. Service to be Provided: Desktop Study -Fieldwork, drilling, and laboratory testing is not planned for this scope. Raba Kistner's (RKI) goal is to improve our client's project performance by putting our extensive geotechnical engineering experience to work. Since 1968, we have developed a relatively extensive geotechnical database around the region, giving us unique, site -specific knowledge of ground conditions near the conceptual alignment. Along with the historic information in our internal database, RKI will perform a cursory review of the typical subsurface conditions in generalized geographic regions based on our review of available published geologic maps. Based on our opinion of the identified geographic regions and anticipated subsurface conditions, RKI will work with the team to develop preliminary recommendations and considerations for the preliminary alignment. Our desktop findings and discussions will be presented in a written report. Exclusions: Client may provide or direct RKI to utilize or rely upon certain information in the performance of RKI's services. RKI will not conduct an independent evaluation of the accuracy or completeness of such information and RKI shall not be responsible for any errors or omissions in such information. O:\Active Proposals\New Braunfels\PNA23-006-00 City of Schertz Project - Geotechnical Services\PNA23-006-00 Cibolo West Trunk Line - Desktop Study Revised March 19_2024.docx DocuSign Envelope ID: 9EDF6782-A789-4C43-8EDB-2018B7CC86F3 Agreement No. PNA23-006-00 Revised March 19, 2024 Schedule: Report presenting our findings within 2 weeks of Notice to Proceed. Fee Estimate: $2,950.00 (Lump Sum) 2 Authorization: Please return one signed copy of this Authorization Form to provide written authorization for our firm to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Texas 75397-1037. SIGNATURE: X DATE: V PRINTED NAME: Ms. Lisa K. Lattu, P.E., AICP COMPANY NAME: Lockwood, Andrews & Newnam, Inc. COMPANY ADDRESS: 407 South Stagecoach Trail, Suite 207 CITY, STATE, ZIP: San Marcos, Texas 78666 PHONE NUMBER: 512.396.4040 CELL NUMBER: 713.899.8015 E-MAIL: LKLattu@Ian-inc.com RABA KISTNER, INC. Eric Neuner, P.E. Division Practice Line Leader-Geotechnical Attachments: I — Standard Terms and Conditions, and II — Schedule of Fees Copies Submitted: Above (1 Electronic PDF Copy) R A B A K I S T N E R EXHIBIT B INSURANCE CITY OF SCHERTZ INSURANCE REQUIREMENTS Worker's Compensation* Statutory Employer's Liability$1,000,000/$1,000,000/$1,000,000 Commercial General (Public) Liability For Bodily Injury and Property Damage of insurance to include coverage for the $1,000,000 per occurrence. following: $2,000,000 General Aggregate, or its equivalent a. Premises Operations in Umbrella or Excess Liability Coverage b. Independent Contractors** c. Products/Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability Combined Single Limit for Bodily Injury and a. Owned/Leased Vehicles property Damage of $1,000,000 per occurrence b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager **If applicable All insurance policies are to contain or be endorsed to contain the following required provisions: - The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability (not applicable to workers' compensation and professional liability policies); - A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies; - All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. - All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. Exceptions to these requirements may be made at the City's discretion. Exhibit "A" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010105). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasingLaischertz.com. Purchasing Department Faxed to: 210-619-1169 1400 Schertz Parkway Schertz, TX 78154 CERTIFICATE OF LIASI TY INSIl�R�1 �iE � -mvl_ow"Tyy� x. OiiDV100I 71iiffi cI111111"icAT110 IMURD AS A JMT M of INFORMATIM MY AND CONFER! NO RMORTS UPON YlM 0011 TH ii01 t31:! Ylllll 00TWICAT11 001M NOT AI'I'lRUATtYB Y OR iMAIMLY AMRND. MONI1W ALUR 'nil OOVO lAOR AFFM D BY 7119 POU010 M OLLOLY. Tltill CL:RTWICATN Of 19SURAN04 0099 NOT OONST11UTN A CONTROT 811TW " Pin f $WHO 14SU NRL4 AUTJ1OlMD tlRPI111411WAIWA OR PRODUCER, AND TI(II ONRTIFICATC IXNWJL IMPORTANTI 0the C*Vfto%M>oWrIsIanAWTMAL.INIURM1NtVotleyf")MUM b0Mwodor#t'L If&UPROOAT10b10tatsof Isamu! wd oaillaitlloa+o of lbs policy. O tain t m4w 1,10M on smsussmtal. A SWAMrlttil on thM ca1 ws" don am mot to to #is' c4diNMlatokotdtrin130loolsaaisarlt/a•lntn ADO h*W#m* AOKI 0' —�i Ma�lwrpt4Ca1altar _ 00004 - wlvaara InluMe�Pa Ir°.otaapa4pCE�1#t -_ XYXCtraapaw $a1Mr1ulo CgrPa]aT Yt9irtlg^Sdarflrilt.T� --- -p, Ta�satp,Fl.222tF=130s1Q Asa Mnnpta�eoCapraior 451000 __ ;l�.�m[�E l+`olteaio-�i�y�rr�iatt ooao$ COVERAMM CNRTIFMCATO RUFA8M:R: MVISION MOM TIM I S TO GERV FY 11RAT 7111 'ICIMICIE6 OF e IPliiM ar:ls%vrO Ta! TN61tlIt1ltr C� fiAMEQ A FOR 11M 1 Ffp, Il o IHCICATEO. 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Pit poMlVitiM D IN b AriC( MAR4MM Ue111 INN 1"Ol71GY FROVMMI, 1400 Scho(LT Parkway Scheviz, Tx 78164 Attu Purchasing0*pl iw1�o>.aeonata #arrepx+a AtITiICEO SI(iNATt� R£4tHR�O I II:IiIF. __ 0In R010ACORD0ORPOR.iT ON. All MON(iffiI4Mv4d. ACo#ttl ;to (2010JO5) Tho Ao(>no!uomasmW Iflpo aro r"klowl marko of ACORO (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. Exhibit "B" EVIDENCE OF INSURANCE