25-R-002 Authorizing Expenditures Unitech Consulting EngineersRESOLUTION NO. 25-R-002
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH
UNINTECH CONSULTING ENGINEERS INC., TOTALING NO
MORE THAN $290,0009 FOR PROFESSIONAL ENGINEERING -
RELATED SERVICES ON THE BOENIG DRIVE RECONSTRUCTION
PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City
requires professional services relating to engineering and design for the Boenig Drive
Reconstruction Project; and
WHEREAS, City staff has determined that Unintech Consulting Engineers, Inc. is
uniquely qualified to provide such services for the City; and
WHEREAS, Unintech Consulting Engineers, Inc. is an approved On -Call Engineering
Firm for the City of Schertz; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Unintech Consulting Engineers, Inc. pursuant to the On -Call Task Order
Agreement attached hereto as Exhibit A (the "Agreement") up to a maximum total aggregate
amount of $290,000.
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 Task Order Agreement with Unintech Consulting Engineers, Inc. in accordance with
their approved Master Agreement in substantially the form set forth on Exhibit A in the amount
of $267,312 and authorize the City Manager to execute and deliver the Task Order in a not to
exceed total aggregate amount of $290,000.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved. y� ,
PASSED AND ADOPTED, this day o . h , �i.AIL, 2025.
CITY OF SCHER Z, TEXAS
-'4
Ralph Gut' yor
ATTE T:
Sheila Edmonds n, City Secretary
50077397.1
EXHIBIT A
TASK ORDER NO. 001 SERVICES AGREEMENT
50077397.1 A-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 specific Agreement between Owner
and Engineer, and the controlling Laws and Regulations.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, is published in four
parts: (1) the Main Agreement (general provisions governing all Task Orders); (2) the Exhibits to Main Agreement; (3) the
Task Order Form (see below); and (4) the Exhibits to Task Order. The Main Agreement contains a Guidelines for Use section
that pertains to all four parts of E-505.
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES -
TASK ORDER EDITION
PART 3 OF 4: TASK ORDER FORM
Prepared by
EJ
am CD I_L�
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS
Copyright° 2020
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.or$
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.ore
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-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TASK ORDER NO. 001
This is Task Order No. 001,
consisting of 6 pages.
In accordance with Paragraph 1.01, Main Agreement, of the Agreement Between Owner and Engineer for
Professional Services —Task Order Edition dated [date] , Owner and Engineer agree as follows:
1. TASK ORDER DATA
a.
Effective Date of Task Order:
I
b.
Owner:
City of Schertz
=C.
Engineer:
Unintech Consulting Engineers, Inc.
d.
1 Specific Project (title)
Boenig Drive Reconstruction
e.
Specific Project
Civil and Survey Engineering design services for the
(description):
reconstruction of Boenig Drive from Ware Seguin
Road to North Graytown Rd
f.
Related Task Orders
Supplemented by this Task
Order:
Superseded by this Task
Order:
2. BASELINE INFORMATION
Baseline Information. Owner has furnished the following Specific Project information to Engineer as of
the Effective Date of the Task Order. Engineer's scope of services has been developed based on this
information. As the Specific Project moves forward, some of the information may change or be refined,
and additional information will become known, resulting in the possible need to change, refine, or
supplement the scope of services.
Specific Project Title: Boenig Drive Reconstruction
Type and Size of Facility: Local Type A Class Road — approximately 5100 LF
Description of Improvements: Reconstruct the street with a new residential street section. Re -
grade the barrow ditches to help things drain better and replace the
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 6
concrete low water crossing with culverts. Modify the intersection
at Ware -Seguin Rd. by combining the two streets so there is only one
intersection; re -aligning Boenig.
Expected Construction Start: July 2025
Prior Studies, Reports, Plans: Geotechnical Engineering Report by Terracon, dated 4-15-2022
Facility Location(s): City of Schertz. From Ware Seguin Road to North Graytown Road
Current Specific Project Budget: $2,952,000.00
Funding Sources:
CIP
Known Design Standards: City of Schertz Public Works Design Guide, AASHTO Guide for Design
of Pavement Structures 1993 Edition
Known Specific Project Boenig Drive from Ware Seguin Road to North Graytown Road.
Limitations:
Specific Project Assumptions:
Residential street to be a local street with 30-foot pavement width,
new curbs, and with new sidewalk on east side of road to
connect from Hallie Heights to the existing sidewalk along
Boenig and continue existing sidewalk down to N Graytown.
Wheelchair ramps to be installed at each intersection.
The existing low water crossing from the Willow View subdivision in
Converse to the Reserve at Schertz II is to be replaced with a
multi box culvert crossing.
Realign intersection of Ware Seguin Road to connect Boeing with
Hallie Heights. This will require some right of way acquisition.
Other Pertinent Information: Project is not in the Edwards Aquifer Regulated Zones, is not within
an area known for environmentally sensitive features, is not located
within a FEMA designated flood hazard area.
Existing 8" waterline to remain; no anticipated improvements.
Existing sanitary sewer crosses Boenig near the existing low water
crossing; no anticipated improvements.
A geotechnical sampling and report will be required.
3. SERVICES OF ENGINEER ("SCOPE")
A. The specific Basic Services to be provided orfurnished by Engineer underthis Task Order are:
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 6
❑ Exhibit A to Task Order, "Engineer's Services for Task Order," as attached to this specific
Task Order.
B. All the services included above comprise Basic Services for purposes of Engineer's
compensation under this Task Order, with the exception of Resident Project Representative
Services, if any, which are compensated separately.
C. Resident Project Representative (RPR) Services:
If the Scope established in Paragraph 2.A above includes RPR services, then Exhibit D to
Task Order is expressly incorporated in this Task Order by reference.
D. Additional Services: Services not expressly set forth as Basic Services in Paragraph 3.A above,
and necessary services listed as not requiring Owner's written authorization, or requiring
additional effort in an immediate, expeditious, or accelerated manner as a result of
unanticipated construction events or Specific Project conditions, are Additional Services, and
will be compensated by the method indicated for Additional Services in this Task Order. All
other Additional Services require mutual agreement and may be authorized by amending the
Task Order as set forth in Paragraph 8.05.13.2 of the Main Agreement, with compensation for
such other Additional Services as set forth in the amending instrument.
4. DELIVERABLES SCHEDULE
A. In submitting required Documents and taking other related actions, Engineer and Owner will
comply with Exhibit B to Task Order, attached to this specific Task Order.
S. ADDITIONS TO OWNER'S RESPONSIBILITIES
A. Owner shall have those responsibilities set forth in Article 2 of the Main Agreement, and the
following supplemental responsibilities that are specific to this Task Order:
1. Deliver and obtain Right of Entry to property owners within the limits of the project,
but outside of existing right of way, that require access for the engineer or
subconsultants.
Provide easement and right of way acquisition negotiation.
6. TASK ORDER SCHEDULE
A. In addition to any schedule provisions provided in Exhibit B or elsewhere, the parties shall
meet the following schedule: Not Applicable
Date I Action / Milestone I Comment
7. ENGINEER'S COMPENSATION
A. The terms of payment are set forth in Article 4 of the Main Agreement.
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 6
B. Owner shall pay Engineer for services rendered under this Task Order as follows:
Description of Service Amount
1. Basic Services
a. Preliminary Design n Phase $119, 654.00
Basis of
Compensation
LUMP SUM
b. Final Design Phase
$96,595.00
LUMP SUM
c. Bid Phase
$7,731.00
LUMP SUM
d. Construction
$17,726.00
LUMP SUM
e. Closeout
$2,406.00
LUMP SUM
2. Resident Project Representative Services*
N/A
N/A
TOTAL COMPENSATION (items 1 and 2) $244,112.00
3. Additional Services under Section 3.1) above
$23,200.00
ROW Exhibit and Field Notes (max 2)
$4,600.00
LUMP SUM
Platting Services
$7,500.00
$3,100.00
LUMP SUM
SUE Level A Locates (6.1-10 ft) (Estimated 1
@ $3,100/ea )
LUMP SUM
SUE Level B (lump sum) (Estimated 300 feet)
i
$8,000.00 LUMP SUM
*Based on an 8-month continuous construction period.
C. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are
estimates only. Lump sum amounts and estimated totals included in the breakdown by
phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and
Subconsultants' charges, if any. For lump sum items, Engineer may alter the distribution of
compensation between individual phases (line items) to be consistent with services actually
rendered but shall not exceed the total lump sum compensation amount unless approved in
writing by the Owner.
Task Order.
EICDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 6
8. ENGINEER'S PRIMARY SUBCONSULTANTS FOR TASK ORDER, AS OF THE EFFECTIVE DATE OF THE
TASK ORDER:
A. Underground Services, Inc (SoftDIG)
9. EXHIBITS AND ATTACHMENTS:
A. Exhibit A to Task Order —Engineer's Services Under Task Order
B. Exhibit B to Task Order —Task Order Deliverables Schedule
C. Exhibit D to Task Order —Duties, Responsibilities, and Limitations of Authority of Resident
Project Representative Under Task Order
D. Exhibit E to Task Order-EJCDC® C-626, Notice of Acceptability of Work (Form)
E. Other:
Execution of this Task Order by Owner and Engineer makes it subject to the terms and conditions of the
Main Agreement and its exhibits and appendices, which Main Agreement, exhibits, and appendices are
incorporated by this reference.
OWNER: ENGINEER:
By: By:
Print Name: Print Name: Mark B Hill
Title: Title: Director and Shareholder
DESIGNATED REPRESENTATIVE FOR TASK ORDER
Name:
Title:
Address:
Engineer's License or Firm's 94904
Certificate No. (if required):
State of: Texas
DESIGNATED REPRESENTATIVE FOR TASK ORDER:
Name:
Title:
Address
Mark B Hill
Director and Shareholder
2431 E. Evans Rd
San Antonio, Texas
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright' 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 6
E-Mail
Address:
Phone:
E-Mail mhill@unintech.com
Address:
Phone: 210-590-4777
Date: Date: 1-9-2025
Task Order.
EICDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 6
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 specific Agreement between Owner and Engineer, and the controlling Laws and Regulations.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, is
published in four parts: (1) the Main Agreement (general provisions governing all Task Orders); (2) Exhibits
to Main Agreement; (3) the Task Order Form; and (4) the Exhibits to Task Order (see below). The Maln
Agreement contains a Guidelines for Use section that pertains to all four parts of E-505.
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES -
TASK ORDER EDITION
PART 4 OF 4: EXHIBITS TO TASK ORDER
Prepared by
EJ ("/D U""
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Copyright° 2020
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703)684-2882
www.nsge.ore
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.or>?
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.or>;
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.eicdc.orp,, or from any of the sponsoring
organizations above.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
EXHIBITS TO TASK ORDER
TABLE OF CONTENTS
EXHIBITA-ENGINEER'S SERVICES UNDER TASK ORDER
EXHIBIT B-TASK ORDER DELIVERABLES SCHEDULE
EXHIBIT C-RESERVED
EXHIBIT D-DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE UNDER TASK ORDER
EXHIBIT E-EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM)
EXHIBIT F-RESERVED
EXHIBIT G-RESERVED
EXHIBIT H-RESERVED
EXHIBIT I -RESERVED
Exhibits to Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1
EXHIBIT A —ENGINEER'S SERVICES UNDER TASK ORDER
Exhibit A Table of Contents
Article 1— BASIC SERVICES...................................................................................................................................2
1.01
Management of Engineering Services.................................................................................................2
1.02
Study and Report Phase......................................................................................................................2
1.03
Preliminary Design Phase....................................................................................................................3
1.04
Final Design Phase...............................................................................................................................7
1.05
Bidding/Proposal Phase....................................................................................................................12
1.06
Construction Phase...........................................................................................................................13
1.07
Post -Construction Phase...................................................................................................................20
Article 2— ADDITIONAL SERVICES......................................................................................................................21
2.01
Additional Services Not Requiring Owner's Written Authorization..................................................21
2.02
Additional Services Requiring Owner's Written Authorization.........................................................22
1.
Article 1 of the Main Agreement, Services of Engineer, is supplemented to include the following
provisions:
Engineer shall provide Basic and Additional Services as set forth below.
ARTICLE 1—BASIC SERVICES
1.01 Management of Engineering Services
A. See Main Agreement, Paragraph 1.03.
1.02 Study and Report Phase
-
-
MIN
c. if it 9s necessaFy fE)F EngineeF tO identify, study, and evaluate multiple potential
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-SOS, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 26
cm,
a..
... ...... . ..........
WON,
..........
..01,
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 26
sow
1] If n h tai d land utility utility It.-..+
T� ■ o o d � i c i � � a 5 i c ra I i +c a a i land eper,zicnTc�enslne"��I•r�ee„s;x, curry,
nil-aher-atn ,.ith Such mRdWiduals eF ntitheS ...-ding the nlieatweR of
AA C�Q.
/
MWO
lii�.
JJLLLJ
■
15. Rrepare,a I•epert(the "Repent"which
will, as
appFeffiate, centain
schematic 1.,yeut,
sketches,
design
te indicate the
and ceneeptual
to
eiciteFia WO
apffeffiate exhibits
EngineeF'S
asieed requirements,
A'- 4i.,.,/.-1
7'
eensideratiens-involPed,
and
Feeernmended
Cost itemizing these items and seicviees included within the definition of Total
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 26
t3 A.EngineeF'S services undeF the Study and RepeFt Phase will be eeRsideFed complete en the
.J..+.....hen Engineer h .deli..eFe d to Owner the final D.,peFt (aS Feyi. ed) andany ..+heF Study
uu�a. rr���.�� Engineer
and Repe.t Phase deloyeFables.NOt included in this task order
1.03 Preliminary Design Phase
A. After acceptance by Owner of the Report and any other Study and Report Phase deliverables
(if Engineer's services under this Agreement included Study and Report Phase services);
selection by Owner of a recommended solution; issuance by Owner of any instructions for
use of Specific Project Strategies, Technologies, and Techniques, or for inclusion of
sustainable features in the design, or enhanced resiliency of the design; indication by Owner
of any specific modifications or changes in the scope, extent, character, or design
requirements of the Specific Project desired by Owner; and any necessary changes,
refinements, and supplementation of the Baseline Information set forth at the beginning of
this Exhibit A, Engineer and Owner shall discuss, resolve, and document in writing any
necessary revisions to Engineer's scope of services, compensation (through application of
the provisions regarding Additional Services, or otherwise), and the time for completion of
Engineer's services, resulting from the selected solution, related Specific Project Strategies,
Technologies, or Techniques, sustainable design and resiliency instructions, specific
modifications to the Specific Project, or changes, refinements, or supplementation of the
Baseline Information.
B. Upon written authorization from Owner, Engineer shall:
1. Review and assess all available Specific Project information and data, including any
pertinent reports or studies (whether prepared by Engineer or others) and any related
instructions from Owner.
2. Based on the threshold review and assessment of available information and data, advise
Owner of any need for Owner to obtain, furnish, or otherwise make available to
Engineer any additional information and data, for Engineer's use in the preparation of a
Preliminary Design Phase Report.
3. Prepare a Preliminary Design Phase Report in the following format
a. narrative report with calculations and summary of design decisions as described
below
b. assemblage of preliminary construction plans.
4. The Preliminary Design Phase Report will consist of final design criteria, preliminary
drawings, a preliminary list of expected specifications, and written descriptions of the
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EICDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 26
Specific Project. The Preliminary Design Phase Report will consider the following
matters to the extent applicable to the Specific Project and as necessary to establish the
basis of design for proceeding to final design and construction:
a. The Specific Project concept, intent, performance criteria, desired outcomes,
Owner's standards and Owner directed improvements and facility elements as
established in the Study and Report Phase and as expressly set forth in the Baseline
Information section of this Exhibit A (collectively the "Specific Project Goals").
b. Recommended appropriate design criteria for each primary portion and significant
discipline of the design necessary to address the Specific Project Goals.
c. Site conditions and characterization as known at the time of, or to be determined
during, the Preliminary Design Phase, including topography; subsurface
information; Constituents of Concern; cultural, historical, and archaeological
resources at the Site; wetlands information; and evaluations of flora and fauna that
may be affected by the Specific Project.
d. The time schedule for completion of the Specific Project in accordance with Specific
Project Goals, including any recommended changes to the time required to
complete the Final Design Phase (as set forth in Exhibit B, Deliverables Schedule)
and estimated schedule(s) for construction.
e. Identification of major items of materials and equipment, rationale for selection
with consideration of quality, suitability, pricing, sourcing, regulatory, and bidding
issues affecting recommended selection.
f. Revised opinions of probable Construction Cost.
g. The impact of Specific Project Strategies, Technologies, and Techniques,
sustainable features, and enhanced resiliency selected by Owner for inclusion in
the Specific Project on the Specific Project Goals, schedule and probable
Construction Cost, including impact of multiple prime construction contracts,
separate procurement of materials or equipment, and other alternate project
delivery methods when the Specific Project Goals necessitate and Owner
authorizes;
h. Construction Phase quality assurance and quality control needs affecting
development of Drawings and Specifications and other Final Design and Bidding
Phase documents.
i. The effect of permits and authorizations by other entities and utility coordination
needs on the Specific Project.
j. Other matters and information pertinent to addressing the Specific Project Goals.
5. In preparing the Preliminary Design Phase Report, use any specific applicable Specific
Project Strategies, Technologies, and Techniques authorized by Owner during or
following the Study and Report Phase, and include sustainable features and enhanced
resiliency, as appropriate, pursuant to Owner's instructions.
6. Visit the Site as needed to prepare the Preliminary Design Phase Report.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 26
7. If at any point in the Preliminary Design Phase it becomes apparent to Engineer that
additional reports, data, information, or services of the types described in Article 2 are
necessary, then so advise Owner, and assist Owner in obtaining such reports, data,
information, or services.
8. Above -Ground Utilities
a. Review above -ground utilities information obtained from Owner and from
observations at the Site.
b. Make recommendations regarding any further identification, investigation, and
mapping of above -ground utilities at or adjacent to the Site, for Engineer's design
purposes or otherwise.
c. Account for above -ground utilities, based on available information, when
advancing design during the Preliminary Design Phase.
9. Underground Facilities
a. Review Underground Facilities data furnished by Owner. Assist Owner in reducing
and managing risks associated with Underground Facilities by working together
with Owner to jointly establish a procedure ("Underground Facilities Procedure")
for the further identification, investigation, and mapping of Underground Facilities
at or adjacent to the Site, using ASCE 38, "Standard Guideline for the Collection and
Depiction of Existing Subsurface Utility Data," as a basis for establishing such
Underground Facilities Procedure.
b. Such Underground Facilities Procedure must take into account the Site and the
nature of the Specific Project.
c. Use the Underground Facilities Procedure to aid in the performance of design
services:
1) Account for Underground Facilities, based on available information, when
advancing the design during the Preliminary Design Phase.
2) The Underground Facilities Procedure will include a plan to keep Underground
Facilities information current as Engineer proceeds with the provision of
design services, and to add new or relocated Underground Facilities
information to the base utility or Site drawings.
3) To manage the potential impact of design changes on Underground Facilities,
Engineer shall work together with Owner to modify or reapply the
Underground Facilities Procedure as the design progresses and changes.
10. Mitigation of Utilities Conflicts
a. Identify potential conflicts between the Specific Project (including existing and new
facilities and structures) and above -ground utilities and Underground Facilities as
reviewed in Exhibit A Paragraphs 1.03.13.8 and 9 above, and advise Owner
regarding the need for resolution of such conflicts with utility and Underground
Facilities owners and permit agencies. Identify the potential need for the relocation
of existing above -ground utilities and Underground Facilities.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 26
b. Update the Underground Facilities Procedure as necessary for any Underground
Utilities conflicts and relocations.
c. Working together with Owner, jointly identify which specific parties or other
entities will be responsible for implementation of the various specific parts of the
Underground Facilities Procedure (including those parts that address resolution of
Underground Facilities conflicts), and for resolution of above -ground utilities
conflicts. Such identification will take into account Owner's authority and standing,
as owner of the Site, with respect to Underground Facilities and above -ground
utilities.
1) To the extent that Owner and Engineer agree that in addition to performing
the design -related obligations set forth in Exhibit A Paragraphs 1.03.B.8 and 9,
Engineer will also implement any non -design part of the Underground
Facilities Procedure (including resolution of Underground Facilities conflicts),
or undertake resolution of above -ground utilities conflicts, such additional
duties will be Additional Services under Article 2 of this Exhibit A.
11. Surveys, Topographic Mapping, and Utility Documentation
a. Coordinate with Owner's utility engineer, utility consultant, or land surveyor for
the necessary field surveys, topographic mapping, and utility documentation
required for Engineer's design purposes, or by the Underground Facilities
Procedure.
b. If no scope of work and procedure for utility documentation has been established,
selected, or authorized, then at a minimum Engineer will contact utility owners and
obtain available information. Except as otherwise provided in this Agreement,
Owner acknowledges that the information gathered from utility owners may be
incorrect, incomplete, outdated, or otherwise flawed, and as to Engineer, bidders,
and Contractor, the Owner accepts all associated risks. Owner reserves all
associated rights as to recourse against the sources of such flawed information and
against third parties.
12. Prepare initial draft of a comprehensive permit document that identifies Owner's permit
duties, Engineer's permit duties, and Contractor's permit duties, and the schedule for
permitting activities.
13. Continue to assist Owner with Specific Project Strategies, Technologies, and Techniques
that Owner has chosen to implement in Exhibit A Paragraph 1.03.A.
14. Obtain Owner's instructions regarding Owner's procurement of construction services
(including instructions regarding advertisements fOF bids, instructions to bidders, and
requests for proposals, as applicable), Owner's construction contract practices and
requirements, insurance and bonding requirements, electronic transmittals during
construction, and other information necessary for the finalization of Owner's
Bidding/Proposal Documents and Front -End Construction Contract Documents.
a. Also obtain copies of Owner's standard Bidding/Proposal Documents and Front -
End Construction Contract Documents (if ether thanmodified version of the EJCDC
2018Construction Series documents), and any other related documents or content
Exhibit A —Engineers Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 26
for Engineer to include in drafts of the Specific Project -specific Bidding/Proposal
Documents and Front -End Construction Contract Documents, when applicable.
b. Review Owner's instructions regarding procurement, bidding and contracting of
construction services with respect to effects on the Specific Project design,
schedule and construction and address as needed in the Preliminary Design Phase
deliverables.
15. Prepare the Preliminary Design Phase Report. This Report will consist of, as appropriate,
separate or combined submittals in whole or summary, the Preliminary Design Phase
documents listed in Exhibit A Paragraph 1.03.B.4, and Engineer's findings and
recommendations for advancing the Specific Project to the Final Design Phase (including
Engineer's findings and recommendations, if any, regarding permitting, utilities, and
Underground Facilities). The submittal will be in the format of a report, or otherwise
organized and assembled for ease and practicality of use.
a. Based on the information contained in the Preliminary Design Phase documents,
prepare a revised opinion of probable Construction Cost, and on the basis of
information furnished by Owner, assist Owner in tabulating the various cost
categories which comprise Total Project Costs.
b. Engineer will meet with Owner to discuss the draft Preliminary Design Phase
submittal and receive Owner's comments.
16. Perform or provide the following other Preliminary Design Phase tasks or deliverables:
a. Topographic Survey: Establish primary control for the length of the project.
Provide survey quality level C utility locates, develop an existing conditions model
for the width of the anticipated right of way
b. Roadway Design: Provide typical existing and proposed roadway sections
following City of Schertz Design Criteria. Establish a proposed roadway horizontal
and vertical profiles. Provide plan and profile for the street at a 1:20 scale on
22"x34" plan sheets. Provide cross sections of the proposed roadway at 50-foot
per City design criteria. Provide a summary of driveway improvements.
C. Drainage Design: Provide a drainage area map and model existing and proposed
hydrology per the city design criteria. Appropriately size and situate culvert
design at stream crossings. Provide culvert plans and sections.
Cl. Utility Design: Coordinate with non- City maintained utilities located within the
construction limits. Provide plans and profiles, as appropriate, for relocation of
existing water utilities as necessary.
e. Temporary Traffic Control Design: Provide Preliminary plans for construction
phasing, traffic control sections and construction phasing layout.
17. Furnish the Preliminary Design Phase Report, opinion of probable Construction Cost,
and any other Preliminary Design Phase deliverables to Owner pursuant to the
requirements of the Deliverables Schedule in Exhibit B, and review the deliverables with
Owner.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 26
18. Revise the Report and any other deliverables in response to Owner's comments, as
appropriate, and submit revised deliverables pursuant to the Deliverables Schedule.
C. Engineer's services under the Preliminary Design Phase will be considered complete on the
date when Engineer has delivered to Owner the final Preliminary Design Phase Report (as
revised) and associated documents, revised opinion of probable Construction Cost, and any
other Preliminary Design Phase deliverables.
1.04 Final Design Phase
A. After acceptance by Owner of the Preliminary Design Phase Report and any other Preliminary
Design Phase deliverables; issuance by Owner of any instructions for specific modifications
or changes in the scope, extent, character, or design requirements of the Specific Project
desired by Owner; and any necessary changes, refinements, and supplementation of the
Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall
discuss, resolve, and document any necessary revisions to Engineer's scope of services,
compensation (through application of the provisions regarding Additional Services, or
otherwise), and the time for completion of Engineer's services, resulting from specific
modifications to the Specific Project, or changes, refinements, or supplementation of the
Baseline Information.
1. The number of prime contracts for Work designed or specified by Engineer upon which
the Engineer's compensation has been established under this Agreement is one (1) If
more prime contracts are awarded, Engineer shall be entitled to an equitable increase
in its compensation under this Agreement.
2. If more than one prime construction contract is to be awarded for the Work designed
or specified by Engineer, then Owner shall define and set forth (in an exhibit to this
Agreement, or in a subsequent document) the duties, responsibilities, and limitations
of authority of a person or entity that will have authority and responsibility for
coordinating the activities among the various prime Contractors, and any resulting
changes in the duties, responsibilities, and authority of Engineer.
3. In the event that the Work designed or specified by Engineer is to be performed or
furnished under more than one prime construction contract, or if Engineer's services
are to be separately sequenced with the work of one or more separate design
professional consultants or prime Contractors (such as in the case of fast -tracking),
Owner and Engineer shall, prior to commencement of the Final Design Phase, develop
a schedule for performance of Engineer's services during the Final Design,
Bidding/Proposal, Construction, and Post -Construction Phases in order to sequence and
coordinate properly such services as are applicable under such separate prime
construction contracts. This schedule is to be prepared and included in or become an
amendment to Exhibit A whether or not the work under such construction contracts is
to proceed concurrently.
B. Upon written authorization from Owner, Engineer shall prepare final Drawings and
Specifications indicating the scope, extent, and character of the Work to be performed and
furnished by Contractor, in accordance with the Preliminary Design Phase Report (as revised)
and other Preliminary Design Phase deliverables. As part of the preparation of the Drawings
and Specifications, Engineer shall prepare interim drafts and final Drawings and
Specifications as follows, pursuant to the Deliverables Schedule in Exhibit B:
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 26
1. First Final Design Phase draft of all Drawings and Specifications.
2. Second Final Design Phase dFa:ft ef a'! DFawings and Specifieations, addFessing Owne
3:2_Final Drawings and Specifications that address Owner comments; complete the design;
are suitable for estimating and pricing by prospective Contractors; and are complete
and ready for construction.
C. In preparing the Specifications (and any bidding, contract, or other documents that are part
of Engineer's scope of services), Engineer shall obtain from Owner or Owner's legal counsel
any relevant constraints such as requirements for use of domestic steel and iron, other
domestic purchasing requirements, statutory restrictions on utilizing proprietary specifying
methods, and the like, and comply with or account for such constraints in drafting
Specifications, Bidding/Proposal Documents, and other Specific Project documents.
D. Engineer shall prepare or assemble draft Bidding/Proposal Documents and Front -End
Construction Contract Documents as follows:
1. Such documents will be based on the 2018 EJCDC Construction Documents, and on the
specific bidding or Contractor selection -related instructions and forms, contract forms,
text, or other content received from Owner.
2. When Engineer is required to use other than the 2018 EJCDC Construction Documents,
then as required in the Preliminary Design Phase Owner will furnish to Engineer a copy
of the required documents to be used for the Specific Project's Bidding/Proposal
Documents and Front -End Construction Contract Documents. Prior to the first Final
Design Phase submittal, Engineer will review the bidding and contracting documents
furnished by Owner and provide comments to Owner. Engineer will meet with Owner
to discuss Engineer's comments. Owner will consider Engineer's recommendations to
revise Owner's documents for the Specific Project.
Engineer will furnish to Owner, for review by Owner's legal counsel, the draft
Bidding/Proposal Documents and Front -End Construction Contract Documents. Owner
and Owner's legal counsel must transmit to Engineer, in a timely manner, one
coordinated set of comments and revisions to the draft documents.
E. During the Final Design Phase the Engineer shall continue to account for above -ground
utilities and Underground Facilities as the design advances and is finalized. This may include:
1. performing the services assigned to Engineer under the Underground Facilities
Procedure described in Exhibit A Paragraph 1.03 above, including but not limited to the
design -related tasks in Exhibit A Paragraph 1.03.13.9.
2. addressing required and proposed activities or mitigations identified in the analysis of
utilities and by the Underground Facilities Procedure as having an impact on the final
design, and considering such in preparing the Drawings and Specifications.
F. Engineer shall perform or furnish the following other Final Design Phase services:
1. Visit the Site as needed to assist in preparing the final Drawings and Specifications.
2. Assist with or prepare applications for permits and approvals, as follows:
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 26
a. Update comprehensive permit document created in Preliminary Design Phase for
Final Design detail.
b. Prepare the following applications for Owner's submittal to authorities having
jurisdiction over the construction or operation of the Specific Project:
1) Texas Department of Licensing and Regulation for ADA Compliance and
permitting if the monetary amount of pedestrian improvements exceeds
$50,000.
c. Confer with Owner regarding revisions, if any, to the application(s), and make
appropriate revisions to the application(s) for Owner's resubmittal to the authority
having jurisdiction.
d. Provide technical criteria, written descriptions, and design data for Owner's use in
filing applications for permits from or approvals of the authorities having
jurisdiction listed above, including applications for review or approval of the final
design.
e. Identify and indicate in the Construction Contract Documents the permits and
approvals for which Contractor will be responsible, including work permits, building
permits, and other permits and approvals that will be Contractor's responsibility;
and, in addition, indicate those permits initially obtained by Owner for which
Contractor will be a co-permittee, together with associated requirements.
f. Unless expressly indicated otherwise, Engineer's scope and budget includes
attending one meeting or conference call with each permit and approval -issuing
agency to discuss the Specific Project and receive the agency's comments on the
application.
g. Engineer does not guarantee issuance of any required permit or approval.
h. Fees charged by authorities having jurisdiction for such permits or approvals are
the responsibility of Owner.
3. Advise Owner of any recommended adjustments to the opinion of probable
Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost
with the interim and final deliverables of the Drawings and Specifications.
4. After consultation with Owner, include in the Front -End Construction Contract
Documents any Electronic Document Protocol addressing specific protocols for the
transmittal of Specific Project -related correspondence, documents, text, data,
drawings, information, and graphics, in electronic media or digital format, either
directly, or through access to a secure Specific Project website.
5. Assist Owner in assembling known reports and drawings of Site conditions, and in
identifying the technical data contained in such reports and drawings upon which
bidders or other prospective contractors may rely.
6. Review the preliminary schedule for the Construction Phase and advise Owner when
initial understanding of the Construction Contract Times must or should be revised, and
furnish Owner with recommendations on revisions to the proposed Construction
Contract Times.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 26
7. Engineer's project manager and other appropriate staff will participate in the following
meetings and conference calls:
a. First draft design review meeting at Owner's office.
b. Second draft desigA Feview meeting at Owner e#tee.
e [Indicate etheFs as aPPFGPFiate fGF the Specifiic Project].
d.b. Engineer will prepare and distribute minutes of each such meeting and conference
call, indicating attendees, topics discussed, decisions made, and action items for
follow-up.
8. Perform or provide the following other Final Design Phase activities or deliverables:
a. Roadway Design: Provide typical existing and proposed roadway sections
following City of Schertz Design Criteria. Establish a proposed roadway horizontal
and vertical profiles. Provide plan and profile for the street at a 1:20 scale on
22"x34" plan sheets. Provide cross sections of the proposed roadway at 50-foot
per City design criteria. Provide a summary of driveway improvements.
b. Drainage Design: Provide a drainage area map and model existing and proposed
hydrology per the city design criteria. Appropriately size and situate culvert
design at stream crossings. Provide culvert plans and sections. Provide a final
storm water report.
c. Utility Design: Coordinate with non- City maintained utilities located within the
construction limits. Provide plans and profiles, as appropriate, for relocation of
existing water utilities as necessary.
d. Temporary Traffic Control Design: Provide Preliminary plans for construction
phasing, traffic control sections and construction phasing layout. Provide a traffic
detour layout and barricade plan
e. Pavement Marking Plans: Provide pavement marking plans compliant with local
and state standards.
f. SWPPP- Provide an erosion control plan, narrative, and appropriate details for
facilitate the submittal of a Notice of Intent by the contractor.
g. Provide a tree mitigation plans for the removal of existing trees.
G. Engineer shall complete the Final Design Phase as follows:
1. Pursuant to the requirements of the Deliverables Schedule in Exhibit B, furnish for
review by Owner, its legal counsel, and other advisors, the final Drawings and
Specifications (as set forth in Exhibit A Paragraph 1.04.13.3 above); assembled drafts of
other Construction Contract Documents including the draft Front -End Construction
Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion
of probable Construction Cost; and any other Final Design Phase deliverables, and
review the deliverables with Owner.
2. Revise the final Design Phase deliverables in response to Owner's comments, as
appropriate, and submit revised deliverables pursuant to the Deliverables Schedule.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 12 of 26
3. Engineer's services under the Final Design Phase will be considered complete on the
date when Engineer has delivered to Owner the final Drawings and Specifications;
assembled drafts of the Front -End Construction Contract Documents; the draft
Bidding/Proposal Documents; and any other Final Design Phase deliverables, as revised.
1.05 Bidding/Proposal Phase
A. After acceptance by Owner of the final Drawings and Specifications; assembled drafts of
other Construction Contract Documents, including the draft Front -End Construction Contract
Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable
Construction Cost as determined in the Final Design Phase, and any other Final Design Phase
deliverables, and upon written authorization by Owner to proceed, Engineer shall:
1. Assist Owner in advertising for and obtaining bids or proposals for the Work; assist
Owner in issuing assembled Bidding/Proposal Documents and proposed Construction
Contract Documents to prospective contractors; if applicable, maintain a record of
prospective contractors to which documents have been issued; attend pre -bid
conferences, if any; and receive and process contractor deposits or charges, if any, for
the issued documents.
a. Owner's procurement website
2. Prepare and issue addenda as appropriate to clarify, correct, or change the issued
documents.
3. If the issued documents require, the Engineer shall evaluate and determine the
acceptability of "or equals" and substitute materials and equipment proposed by
prospective contractors, provided that such proposals are allowed by the bidding -
related documents (or requests for proposals or other construction procurement
documents) prior to award of contracts for the Work. Services under this paragraph are
subject to the provisions of Exhibit A Paragraph 2.01.A.2.
4. Attend the bid opening; prepare bid tabulation sheets; and assist Owner in evaluating
bids or proposals, assembling final Construction Contracts for the Work for execution
by Owner and Contractor, and in preparing notices of award to be issued by Owner for
such contracts.
5. Provide information or assistance needed by Owner in the course of any review of bids,
proposals, or negotiations with prospective contractors.
6. Consult with Owner as to the qualifications of prospective contractors.
7. Consult with Owner as to the qualifications of subcontractors, suppliers, and other
individuals and entities proposed by prospective contractors, for those portions of the
Work as to which review of qualifications is required by the issued documents.
8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect
to technical and engineering issues that arise during the negotiations.
9. Perform or provide the following other Bidding/Proposal Phase tasks or deliverables:
a. none
Exhibit A —Engineers Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 13 of 26
10. The Bidding/Proposal Phase will be considered complete upon award of Construction
Contracts for the Work and commencement of the Construction Phase, or upon
cessation of negotiations with prospective contractors.
1.06 Construction Phase
A. After completion of the Final Design Phase and concurrent with the Bidding/Proposal Phase,
and after issuance by Owner of any instructions for specific modifications or changes in the
scope, extent, character, design, schedule, number of prime construction contracts, and
other construction requirements of the Specific Project during the Construction Phase
desired by Owner, the Engineer and Owner shall discuss, resolve, and document any
necessary revisions to Engineer's scope of services or compensation (through application of
the provisions regarding Additional Services, or otherwise), or the time for completion of
Engineer's services, resulting from specific modifications to the Specific Project.
1. Engineer shall be responsible only for those Construction Phase services expressly
required of Engineer in Exhibit A Paragraph 1.06, as duly modified. With the exception
of such expressly required services, Engineer shall have no design, Submittal (including
Shop Drawing) review, or other obligations during construction, and Owner assumes all
responsibility for providing or arranging for all other necessary Construction Phase
administrative, engineering, and professional services.
2. Owner waives all claims against Engineer and its officers, directors, members, partners,
agents, employees, and Subconsultants, and Engineer's Subcontractors, that may be
connected in any way to Construction Phase administrative, engineering, or
professional services except for those services that are expressly required of Engineer
in Exhibit A. Notwithstanding the foregoing waiver, Engineer shall be responsible for any
professional opinions and interpretations provided by Engineer to Owner during the
Construction Phase or Post -Construction Phase, including interpretations or
clarifications of the Construction Contract Documents.
B. Upon successful completion of the Bidding/Proposal Phase, and upon written authorization
from Owner, Engineer shall provide the following services:
1. General Administration of Construction Contract: Consult with Owner and act as
Owner's representative as provided in this Agreement and the Construction Contract.
Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent
and limitations of the duties, responsibilities, and authority of Engineer shall be as
assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract
(2018) or other construction general conditions specified in this Agreement. Except as
otherwise provided in the Construction Contract, Owner's communications to
Contractor will be issued through Engineer.
a. If the responsibilities of Engineer as set forth in the Construction Contract are
greater than those Construction Phase services expressly required of Engineer in
Exhibit A Paragraph 1.06, as duly modified, then Owner shall either (1) expand the
scope of the Construction Phase services to match those of the Construction
Contract, and compensate Engineer for any related increases in the cost to provide
Construction Phase services, pursuant to the provisions for compensating
Additional Services, or (2) identify a qualified individual or entity (other than
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 14 of 26
Engineer) responsible for the additional responsibilities in the Construction
Contract.
b. If Owner, or Owner and Contractor, modify the duties, responsibilities, and
authority of Engineer in the Construction Contract, or modify other terms of the
Construction Contract having a direct bearing on Engineer, or if Owner requires
Engineer's services for construction that extends longer than the anticipated
Construction Contract Times, then Owner shall compensate Engineer for any
related increases in the cost to provide Construction Phase services, pursuant to
the provisions for compensating Additional Services.
c. Engineer shall not be required to furnish or perform services contrary to Engineer's
responsibilities as a licensed professional.
2. Field Office: [Delete or edit as applicable to the Specific Ne:eett Engineer and Resident
PlFejeet RepFesentatiye (If any) will be based On a field effice at the Site. The field effiee
Will be NFRished and maintained at Gwner�s expense, and will inelude Feasenable
furnishings, a" FequiFed tempOFaFy utilities (including inteMet serviee) and facilities, and
he selEffed cer Engineer's (and RPR's) exclusive . e.Deleted
3. Resident Preieet RepFesentatiye (RPR)! Dre..ide thesefvirzes of an RPR at the Sete to ice+
Fespensibilities
and alltheFuty of the RPR aFe as set feFth in Exhibit D. The fffnishing e
r�
I
such RPR's seFvoEeswill not—Imrit, extend, eF medify EngineeKS Fespensiomt�e5—oi
+h ffity except a ssly set fn-rt-h :n Exhibit D. [if Engineer will not he w .idiwe
RPRee under the Specific Task Ord
er-, / thew delete this PaFagFaph 3 by in err:....
the word- "DE' CTED" after the w wh title.l de not include rwh:h:t n as exhibit
to the cifie Task Order; and de not include DDD compensation :w ParagFawh 7 e f the
Exhibit spe..i fie Task OrderDeleted.1
4. Selection of Independent Testing Laboratory: Assist Owner in the selection of an
independent testing laboratory to perform required testing services.
5. Pre -Construction Conference: Participate in a pre -construction conference prior to
commencement of Work at the Site; prepare and distribute agenda for the conference
and prepare and distribute minutes of such conference.
6. Electronic Transmittal Protocols: If the Construction Contract does not establish
protocols for transmittal of Electronic Documents by Electronic Means, then Owner,
Engineer, and Contractor shall jointly develop such protocols.
7. Original Documents: If requested by Owner to do so, maintain and safeguard during the
Construction Phase at least one original printed record version of the Construction
Contract Documents, including Drawings and Specifications signed and sealed by
Engineer and other design professionals in accordance with applicable Laws and
Regulations. Throughout the Construction Phase, make such original printed record
version of the Construction Contract Documents available to Contractor and Owner for
review.
8. Schedules: Receive, review, and, and, subject to the criteria of the Construction
Contract, determine the acceptability of any and all schedules that Contractor is
required to submit to Engineer, including the progress schedule, schedule of submittals,
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. ElCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 15 of 26
and schedule of values. Advise Contractor in writing of Engineer's comments or
acceptance of schedules.
a. Schedules will be acceptable to Engineer as to form and substance:
1) Progress Schedule: if it provides an orderly progression of the Work to
completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling,
or progress of the Work, nor interfere with or relieve Contractor from
Contractor's full responsibility therefor.
2) Contractor's Schedule of Submittals: if it provides a workable arrangement for
reviewing and processing the required Submittals.
3) Contractor's Schedule of Values: if it provides a reasonable allocation of the
Contract Price to the component parts of the Work.
9. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for
locating the Work which in Engineer's judgment are necessary to enable Contractor to
proceed.
10. Permits: Provide Owner with copies of technical information and supporting data
previously obtained or developed by Engineer for Owner's use, or for Owner to provide
to Contractor, in obtaining required permits and licenses delegated to Contractor by
Owner.
11. Visits to Site and Observation of Construction: In connection with observations of
Contractor's Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of the Work,
as Engineer deems necessary, to observe as an experienced and qualified design
professional, the progress of Contractor's executed Work. Such visits and
observations by Engineer, including its RPR, if any, are not intended to be
exhaustive or to extend to every aspect of the Work or to involve detailed
inspections of the Work beyond the responsibilities specifically assigned to
Engineer in this Agreement and the Construction Contract Documents, but rather
are to be limited to spot checking, selective sampling, and similar methods of
general observation of the Work based on Engineer's exercise of professional
judgment, as assisted by its RPR, if any. Based on information obtained during such
visits and observations, Engineer will determine in general if the Work is
proceeding in accordance with the Construction Contract Documents, and
Engineer shall keep Owner informed of the progress of the Work. Engineer will
make a report of Engineer's visit, summarizing Engineer's general observations and
any significant findings.
b. The purpose of Engineer's visits to the Site, and representation by the Resident
Project Representative, if any, at the Site, will be to enable Engineer to better carry
out the duties and responsibilities assigned to by this Agreement and undertaken
by Engineer during the Construction Phase, and, in addition, by the exercise of
Engineer's efforts as an experienced and qualified design professional, to provide
for Owner a greater degree of confidence that the completed Work will conform in
general to the Construction Contract Documents and that Contractor has
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 16 of 26
implemented and maintained the integrity of the design concept of the completed
Specific Project as a functioning whole as indicated in the Construction Contract
Documents. Engineer will not, during such visits or as a result of such observations
of the Work, supervise, direct, or have control over the Work, nor will Engineer
have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by any Constructor, for
security or safety at the Site, for safety precautions and programs incident to any
Constructor's work in progress, for the coordination of the Constructors' work or
schedules, nor for any failure of any Constructor to comply with Laws and
Regulations applicable to furnishing and performing of its work. Accordingly,
Engineer neither guarantees the performance of any Constructor nor assumes
responsibility for any Constructor's failure to furnish or perform the Work, or any
portion of the Work, in accordance with the Construction Contract Documents.
12. Defective Work: If, on the basis of Engineer's observations or as indicated in
documentation available to Engineer, Engineer believes that any part of the Work is
defective under the terms and standards set forth in the Construction Contract
Documents, Engineer will promptly issue written notice to Contractor (with copy to
Owner) of such defective Work. Such notice will communicate the scope, extent (to
Engineer's understanding) of defect, and associated provisions of the Construction
Contract Documents.
a. Provide recommendations to Owner regarding whether Contractor should correct
such Work or remove and replace such Work, or whether Owner should consider
accepting the defective Work in accordance with the provisions of the Construction
Contract Documents. Engineer shall give notice to Contractor regarding whether
the defective Work should be repaired, replaced, or will be accepted by Owner.
b. However, Engineer's authority to provide this information to Owner or Engineer's
decision to exercise or not exercise such authority will not give rise to a duty or
responsibility of the Engineer to Contractors, Subcontractors, material and
equipment suppliers, their agents or employees, or any other person(s) or entities
performing any of the Work, including but not limited to any duty or responsibility
for Contractors' or Subcontractors' safety precautions and programs incident to
the Work.
13. Compatibility with Design Concept: If Engineer has express knowledge that a specific
part of the Work that is not defective under the terms and standards set forth in the
Construction Contract Documents is nonetheless not compatible with the design
concept of the completed Specific Project as a functioning whole, then inform Owner of
such incompatibility, and provide recommendations for addressing such Work.
14. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all
matters in question concerning the requirements of the Construction Contract
Documents (sometimes referred to as requests for information or interpretation—RFIs),
or relating to the acceptability of the Work under the Construction Contract Documents.
With reasonable promptness, render a written clarification, interpretation, or decision
on the issue submitted, or initiate an amendment or supplement to the Construction
Contract Documents.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 17 of 26
15. Non -reviewable Matters: If a submitted matter in question concerns the Engineer's
performance of its duties and obligations, or terms and conditions of the Construction
Contract Documents that do not involve (a) the performance or acceptability of the
Work under the Construction Contract Documents, (b) the design (as set forth in the
Drawings, Specifications, or otherwise), or (c) other engineering or technical matters,
then Engineer will promptly give written notice to Owner and Contractor that Engineer
will not provide a decision or interpretation.
16. Field Orders: Subject to any limitations in the Construction Contract Documents,
Engineer may prepare and issue Field Orders requiring minor changes in the Work.
17. Change Orders and Work Change Directives: Recommend Change Orders and Work
Change Directives to Owner, as appropriate, and prepare Change Orders and Work
Change Directives as required.
18. Change Proposals and Claims
a. Review and respond to Change Proposals. Review each duly submitted Change
Proposal from Contractor and, within 30 days after receipt of the Contractor's
supporting data, either deny the Change Proposal in whole, approve it in whole, or
deny it in part and approve it in part. Such actions must be in writing, with a copy
provided to Owner and Contractor. if the Change Proposal does not involve the
design (as set forth in the Drawings, Specifications, or otherwise), the acceptability
of the Work, or other engineering or technical matters, then Engineer will notify
the parties that the Engineer will not resolve the Change Proposal.
b. Provide information or data to Owner regarding engineering or technical matters
pertaining to Claims.
19. Differing Site Conditions: Respond to any notice from Contractor of differing site
conditions, including conditions relating to Underground Facilities such as utilities, and
hazardous environmental conditions. Promptly conduct reviews and prepare findings,
conclusions, and recommendations for Owner's use subject to limitations of Engineer's
obligations under this Agreement.
20. Contractor's Submittals: Review and approve or take other appropriate action with
respect to required Contractor Submittals, but only to determine if the items covered
by the Submittals will, after installation or incorporation in the Work, comply with the
requirements of the Construction Contract Documents, and for compatibility with the
design concept of the completed Specific Project as a functioning whole as indicated by
the Construction Contract Documents. Such reviews and approvals or other action will
not extend to means, methods, techniques, sequences, or procedures of construction
or to safety precautions and programs incident thereto. Engineer shall meet any
Contractor's Submittal schedule that Engineer has accepted.
21. Substitutes and "Or -equals": Evaluate and determine the acceptability of substitute or
"or -equal" materials and equipment proposed by Contractor, but subject to the
provisions of Exhibit A Paragraph 2.01.A.2.
22. Inspections and Tests
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 18 of 26
a. Receive and review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Construction Contract Documents. Engineer's review
of such certificates will be for the purpose of determining whether the results
certified indicate compliance with the Construction Contract Documents and will
not constitute an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Construction
Contract Documents. Engineer shall be entitled to rely on the results of such
inspections and tests.
b. Reply to Contractor requests for written concurrence that specific portions of the
Work that are to be inspected, tested, or approved may be covered.
c. Issue written requests to Contractor that specific portions of the Work remain
uncovered.
d. As deemed reasonably necessary, request that Contractor uncover Work that is to
be inspected, tested, or approved.
e. Pursuant to the terms of the Construction Contract, require additional inspections
or testing of the Work, whether or not the Work is fabricated, installed, or
completed.
23. Contractor's Applications for Payment: Based on Engineer's observations as an
experienced and qualified design professional and on review of Applications for
Payment and accompanying supporting documentation:
a. Determine the amounts that Engineer recommends Contractor be paid.
Recommend reductions in payment (set offs) based on the provisions for set offs
stated in the Construction Contract. Such recommendations of payment will be in
writing and will constitute Engineer's representation to Owner, based on such
observations and review, that, within the limits of Engineer's knowledge,
information and belief, Contractor's Work has progressed to the point indicated,
the Work is generally in accordance with the Construction Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the
Construction Contract Documents, and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor's being entitled to
such payment appearto have been fulfilled in so far as it is Engineer's responsibility
to observe the Work. In the case of unit price Work, Engineer's recommendations
of payment will include final determinations of quantities and classifications of the
Work (subject to any subsequent adjustments allowed by the Construction
Contract Documents).
b. By recommending payment, Engineer shall not thereby be deemed to have
represented that observations made by Engineer to check the quality or quantity
of Contractor's Work as it is performed and furnished have been exhaustive,
extended to every aspect of Contractor's Work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to
Engineer in this Agreement. Neither Engineers review of Contractor's Work forthe
purposes of recommending payments nor Engineer's recommendation of any
payment including final payment will impose on Engineer responsibility to
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 19 of 26
supervise, direct, or control the Work, or for the means, methods, techniques,
sequences, or procedures of construction or safety precautions or programs
incident thereto, or Contractor's compliance with Laws and Regulations applicable
to Contractor's furnishing and performing the Work. It will also not impose
responsibility on Engineer to make any examination to ascertain how or for what
purposes Contractor has used the money paid to Contractor by Owner; to
determine that title to any portion of the Work, including materials or equipment,
has passed to Owner free and clear of any liens, claims, security interests, or
encumbrances; or that there may not be other matters at issue between Owner
and Contractor that might affect the amount that should be paid.
24. Contractor's Completion Documents: Receive from Contractor, review, and transmit to
Owner maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance required by the Construction Contract
Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples,
and other data approved as provided under Exhibit A Paragraph 1.06.13.20. Receive from
Contractor, review, and transmit to Owner the annotated record documents which are
to be assembled by Contractor in accordance with the Construction Contract
Documents to obtain final payment. The extent of Engineer's review of record
documents will be to check that Contractor has submitted a complete set of those
documents that Contractor is required to submit.
25. Substantial Completion: Promptly after notice from Contractor that Contractor
considers the entire Work ready for its intended use, visit the Site in company with
Owner and Contractor to review the Work and determine the status of completion.
Follow the procedures in the Construction Contract regarding the preliminary certificate
of Substantial Completion, punch list of items to be completed, Owner's objections,
notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist
Owner regarding any remaining engineering or technical matters affecting Owner's use
or occupancy of the Work following Substantial Completion.
26. Other Tasks: Perform or provide the following other Construction Phase tasks or
deliverables:
a. none
27. Completion and Acceptability of the Work: After notice from Contractor that the Work
is complete:
a. visit the Site with Owner and Contractor to determine if the Work is in fact
complete and acceptable;
b. notify Contractor of any part of the Work that is found during the visit to be
incomplete or defective, and subsequently confirm that Contractor has corrected
any such deficiencies;
c. follow the procedures in the Construction Contract regarding review and response
to Contractor's application for final payment and accompanying documentation;
and
d. if Engineer is satisfied that the Work is complete and acceptable, provide a notice
to Owner and Contractor using E1CDC® C-626, Notice of Acceptability of Work
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 20 of 26
(attached as Exhibit E), stating that the Work is acceptable (subject to the
provisions of the Notice and this Exhibit A) within the limits of Engineer's
knowledge, information, and belief, and based on the extent of the services
provided by Engineer under this Agreement.
28. Standards for Certain Construction -Phase Decisions: Engineer will render decisions
regarding the requirements of the Construction Contract Documents, and judge the
acceptability of the Work, pursuant to the specific procedures set forth in the
Construction Contract for initial interpretations, Change Proposals, and acceptance of
the Work. In rendering such decisions and judgments, Engineer will not show partiality
to Owner or Contractor, and will not be liable to Owner, Contractor, or others in
connection with any proceedings, interpretations, decisions, or judgments conducted
or rendered in good faith.
C. Duration of Construction Phase: The Construction Phase will commence with the execution
of the first Construction Contract for the Specific Project or any part thereof and will
terminate upon written recommendation by Engineer for final payment to Contractor. If the
Specific Project involves more than one prime contract as indicated in Exhibit A
Paragraph 1.04.A.1, then Construction Phase services may be rendered at different times in
respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be
entitled to an equitable increase in compensation if Construction Phase services (including
Resident Project Representative services, if any) are required after the original date for
completion and readiness for final payment of Contractor as set forth in the Construction
Contract.
1.07 Post -Construction Phase
A. Upon written authorization from Owner during the Post -Construction Phase, Engineer shall:
1. Together with Owner, visit the Specific Project to observe any apparent defects in the
Work, make recommendations as to replacement or correction of defective Work, if
any, orthe need to repair of any damage to the Site or adjacent areas, and assist Owner
in consultations and discussions with Contractor concerning correction of any such
defective Work and any needed repairs.
2. Together with Owner, visit the Specific Project within one month before the end of the
Construction Contract's correction period to ascertain whether any portion of the Work
or the repair of any damage to the Site or adjacent areas is defective and therefore
subject to correction by Contractor.
3. Perform or provide the following other Post -Construction Phase tasks or deliverables:
a. Attend TDLR inspection walkthrough
b. Prepare a plan of record based on Contractor redlines approved by the City
Inspector.
B. The Post -Construction Phase services may commence during the Construction Phase and, if
not otherwise modified in this Exhibit A, will terminate 12 months after the commencement
of the Construction Contract's correction period.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 21 of 26
ARTICLE 2—ADDITIONAL SERVICES
2.01 Additional Services Not Requiring Owner's Written Authorization
A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the
Additional Services of the types listed below. For such Additional Services, Engineer need not
request or obtain specific advance written authorization from Owner. Engineer shall cease
performing or furnishing such Additional Services upon receipt of written notice to cease
from Owner. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Paragraph 7 of the governing Task Order.
1. Substantive design and other technical services in connection with Work Change
Directives, Change Proposals, and Change Orders to reflect changes requested by
Owner.
2. Services essential to the orderly progress of the Bidding/Proposal and Construction
Phases and not wholly quantifiable prior to those Phases or otherwise dependent on
the actions of prospective individual bidders or contractors and including:
a. making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than "or equal" items;
b. services afterthe award of the Construction Contract in evaluating and determining
the acceptability of a proposed "or equal" or substitution which is found to be
inappropriate for the Specific Project;
c. evaluation and determination of an excessive number of proposed "or equals" or
substitutions, whether proposed before or after award of the Construction
Contract; and
d. providing to the Contractor or Owner additional or new information not previously
prepared or developed by the Engineer for their use in applying for or obtaining
required permits and licenses, in responding to agency comments on such
applications, or in the administration of any such permits or licenses.
3. Services resulting from significant delays, changes, or price increases occurring as a
direct or indirect result of materials, equipment, or energy shortages.
4. Additional or extended services arising from (a) the presence at the Site of any
Constituent of Concern or items of historical or cultural significance, (b) emergencies or
acts of God endangering the Work, (c) damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,
or (f) default by Contractor.
5. Implement coordination of Engineer's services with other parts of the Specific Project
that are not planned or designed by Engineer or its Subconsultants, unless Owner
furnished to Engineer substantive information about such other parts of the Specific
Project prior to the parties' entry into this Agreement, in the Baseline Information
section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has
been so provided, coordination of Engineer's services will be part of Basic Services.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 22 of 26
6. Implement the specific parts of an Underground Facilities Procedure that are assigned
to Engineer, or above -ground utilities tasks that are assigned to Engineer as the Specific
Project progresses (but not including the design -related services already assigned to
Engineer as a Basic Service).
7. Services (other than Basic Services during the Post -Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.
8. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFIs, Change Proposals, or demands.
9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.
10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or
Contractor's safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by federal, State, or local
safety authorities for similar construction sites.
11. To the extent the Specific Project is subject to Laws and Regulations governing public or
government records disclosure or non -disclosure, Engineer will comply with provisions
applicable to Engineer, and Owner will compensate Engineer as Additional Services for
Engineer's costs to comply with any disclosure or non -disclosure obligations beyond
those identified in the Basic Services.
12. Services directly attributable to changes in Engineer's Electronic Documents obligations
after the effective date of the Agreement.
2.02 Additional Services Requiring Owner's Written Authorization
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types
listed below. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Paragraph 7 of the governing Task Order.
1. Obtain or provide specified additional Specific Project -related information and data to
enable Engineer to complete its Basic and Additional Services.
2. Preparation of special and customized reporting, invoicing, and related support
documentation in addition to that identified to be provided under Basic Services.
3. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Specific Project; preparation or review of environmental
assessments and impact statements; review and evaluation of the effects on the design
requirements for the Specific Project of any such statements and documents prepared
by others; and assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Specific Project.
4. Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings
or other information furnished by Owner or others.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 23 of 26
5. Services resulting from significant changes in the scope, extent, or character of the
portions of the Specific Project designed or specified by Engineer, or the Specific
Project's design requirements, including, but not limited to, changes in size, complexity,
Owner's schedule, character of construction, or method of financing; and revising
previously accepted studies, reports, Drawings, Specifications, or Construction Contract
Documents when such revisions are required by changes in Laws and Regulations
enacted subsequent to the Effective Date or are due to any other causes beyond
Engineer's control.
6. Services resulting from Owner's request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1.
7. Services required as a result of Owner's providing incomplete or incorrect Specific
Project information to Engineer.
8. Providing renderings or models for Owner's use, including development, management,
and other services in support of building information modeling or civil integrated
management.
9. Undertaking investigations and studies including, but not limited to:
a. All -hazards risk assessments and other studies to evaluate the feasibility of
enhancing the resiliency of the design;
b. detailed consideration of operations, maintenance, and overhead expenses;
c. the preparation of feasibility studies (such as those that include projections of
output capacity, utility project rates, project market demand, or project revenues)
and cash flow analyses, provided that such services are based on the engineering
and technical aspects of the Specific Project, and do not include rendering advice
regarding municipal financial products or the issuance of municipal securities;
d. preparation of appraisals;
e. with respect to proprietary systems or processes requiring licensing, providing
services necessary to assist Owner in obtaining such licensing.
f. detailed quantity surveys of materials, equipment, and labor; and
g. audits or inventories required in connection with construction performed or
furnished by Owner.
10. Furnishing services of Subconsultants or Engineer's Subcontractors for other than Basic
Services.
11. Providing data or services of the types described in Article 2, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.
12. Providing the following services:
a. Services attributable to more prime construction contracts than specified in
Exhibit A Paragraph 1.04.A.1.
b. Services to arrange for performance of construction services for Owner by
contractors other than the principal prime Contractor, and administering Owner's
contract for such services.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-SOS, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 24 of 26
13. Services during out-of-town travel required of Engineer, other than for visits to the Site
or Owner's office as required in Basic Services (Article 1 of Exhibit A).
14. Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management,
cost estimating, project peer review, value engineering, and constructability review
requested by Owner; and performing or furnishing services required to revise studies,
reports, Drawings, Specifications, or other documents as a result of such review
processes.
15. Preparing additional bidding -related documents (or requests for proposals or other
construction procurement documents); preparing pre -qualification procedures and
documents, and participating in pre -qualifying prospective Bidders; and preparing
Construction Contract Documents for alternate bids.
16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
17. Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all addenda and any amendments negotiated by Owner and Contractor.
18. Services to assist Owner in developing or modifying protocols for transmittal of
Electronic Documents by Electronic Means after the effective date of this Agreement,
either by revising or adapting Exhibit F to the Specific Project or implementing other
Electronic Documents protocols among Specific Project participants.
19. Any services by Engineer in connection with Owner or Engineer providing a Document
to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic
Documents Protocol), or any other distribution of a Document to a third party. Such
services may include but are not limited to preparing the data contained in the
requested Document in a manner deemed appropriate by Engineer; creating or
otherwise preparing and distributing the Document in a format necessary to respond to
Owner's direction or decision to provide the Document to a requesting party, including
Contractor, in a format other than that required for deliverables from Engineer to
Owner; and services in connection with obtaining required releases from the third
parties to which the Documents will be distributed. Compensation for these Additional
Services is not contingent upon Owner's reimbursement from the requesting party.
20. Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor, but only if such services increase the total
quantity of services to be performed in the Construction Phase, rather than merely
shifting performance of such services to a later date.
21. Preparing Record Drawings, and furnishing such Record Drawings to Owner.
22. Supplementing Record Drawings with information regarding the completed Specific
Project, Site, and immediately adjacent areas obtained from field observations, Owner,
utility companies, and other reliable sources.
23. Conducting surveys, investigations, and field measurements to verify the accuracy of
Record Drawing content obtained from Contractor, Owner, utility companies, and other
sources; revise and supplement Record Drawings as needed.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 25 of 26
24. Preparation of operation, maintenance, and staffing manuals.
25. Protracted or extensive assistance in refining and adjusting of Specific Project
equipment and systems (such as initial startup, testing, and balancing).
26. Assistance to Owner in training Owner's staff to operate and maintain Specific Project
equipment and systems.
27. Assistance to Owner in developing systems and procedures for (a) control of the
operation and maintenance of Specific Project equipment and systems, and (b) related
recordkeeping.
28. Preparing to serve or serving as a consultant or witness for, or producing documents for
or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or
other legal or administrative proceeding involving the Specific Project (but not including
disputes between Owner and Engineer).
29. Overtime work requiring higher than regular rates.
30. Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys
or related engineering services needed for the transfer of interests in real property;
providing construction and property surveys to replace reference points or property
monuments lost or destroyed during construction; and providing other special field
surveys.
31. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.
32. Extensive services required during any correction period, or with respect to monitoring
Contractor's compliance with warranties and guarantees called for in the Construction
Contract (except as agreed to under Basic Services).
33. Other additional services performed or furnished by Engineer not otherwise provided
for in this Agreement.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 26 of 26
EXHIBIT B—TASK ORDER DELIVERABLES SCHEDULE
Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Main Agreement are supplemented by the following
paragraph and table.
Under the governing Task Order the Engineer shall furnish Documents to Owner as required in Column 2
of the following table (and as further described in Exhibit A), according to the schedule in Column 4.
Owner shall comment or take other identified actions with respect to the Documents as indicated in
Column 2 (and as further described in Exhibit A), according to the schedule in Column 4.
Party Action I Exhibit A
Reference
Schedule
Engineer
Submit one (1) review copies of the
1.03.B.17
Within 70 days of Owner's authorization to
Preliminary Design Report, opinion
proceed with Preliminary Design Phase
of probable Construction Cost, and
services.
other Preliminary Design Phase
deliverables to Owner.
Owner
Submit comments regarding
1.03.B.18
Within 10 days of the receipt from Engineer of
Preliminary Design Report, opinion
Preliminary Design Report, opinion of
of probable Construction Cost, and
probable Construction Cost, and other
other Preliminary Design Phase
Preliminary Design Phase deliverables.
deliverables to Eneineer.
Engineer
Submit one (1) copies of the revised
1.03.6.18
Within 5 days of the receipt of Owner's
Preliminary Design Report, opinion
comments regarding the Preliminary Design
of probable Construction Cost, and
Report, opinion of probable Construction
other Preliminary Design Phase
Cost, and other Preliminary Design Phase
deliverables to Owner.
deliverables.
Engineer
Submit one (1) copy of the first Final
1.04.B.1
Within 30 days of Owner's authorization to
Design Phase draft of Drawings and
proceed with Final Design Phase services.
Specifications to Owner.
Owner Submit comments and instructions 1.04.B.1 Within 15 days of the receipt of the first final
regarding the first Final Design Phase Design Phase drafts of Drawings and
draft of Drawings and Specifications Specifications from Engineer.
to Engineer.
Engineer
Submit one (1) copies of the final,
completed, pricing -ready and
construction -ready Drawings and
Specifications to Owner.
1.04.B.3
and
1.04.G.1
Within 30 days of the receipt of Owner's
comments and instructions regarding the
second Final Design Phase drafts of Drawings
and Specifications.
Owner
Submit comments and instructions
1.04.G.2
Within 10 days of the receipt from Engineer of
regarding the final, completed,
the final, completed, pricing -ready and
pricing -ready and construction-
construction -ready Drawings and
ready Drawings and Specifications to
Specifications.
Engineer.
Owner
Submit comments and instructions
1.04.D.3;
Concurrent with Owner's submittal of
regarding drafts of Bidding/Proposal
1.04.F.8
comments and instructions regarding the
and Front -End Construction Contract
final, completed, pricing -ready and
Documents, and any other Final
construction -ready Drawings and
Design Phase deliverables (other
Specifications.
than Drawings and Specifications) to
Engineer.
Exhibit B—Task Order Deliverables Schedule.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
Party Action
Engineer Submit to Owner:
Exhibit A
Reference
Schedule
Within 5 days of receipt of Owner's final
One (1) copies of the revised final,
1.04.G.2;
comments and instructions regarding the
completed, pricing -ready and
1.04.G.3
regarding the final, completed, pricing -ready
construction -ready Drawings and
and construction -ready Drawings and
Specifications; and
Specifications, the Bidding/Proposal and
One (1) copies of assembled
Front -End Construction Contract Documents,
Bidding/Proposal and Front -End
and any other Final Design Phase deliverables.
Construction Contract Documents,
and any other Final Design Phase
deliverables.
I_
Engineer Submit One (1) copies of
1.05.A.9.a
Within 5 days of written authorization by
Bidding/Proposal Phase deliverables
Owner to proceed with Bidding/Proposal
(if any) identified in Exhibit A
Phase services.
Paragraph 1.05.A.9.a to Owner.
Exhibit B—Task Order Deliverables Schedule.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
EXHIBIT C—RESERVED
Guidance Notes —Exhibit C
1. See Exhibit C—Amendment to Main Agreement, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit C—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyrightm 2020 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE UNDER TASK ORDER
ARTICLE 1—RESIDENT PROJECT REPRESENTATIVE SERVICES
_ urrrm
a . 79 M. VQi-_J .......
B. The RPR will ffevide full time Feffesentatien [Fevise if representation well be Iess than fult
tkne]-.
WW
WAM
OWN
OWN! 111101110--
...
-11
3. Ee Meetings;
3. Ee Meetings;
r +.. tOF 1. +.-. tiers
er�Ees-af} meetings
with
o o ��� � tia; � a e��,��l,e.,--u� Feea n,s�, �„
inducting Gentr@el:er'Saf
^f'^te
(but net
Pfepam—e„a
Exhibit O—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 5
4.Safety Ger -Site -safety
they
te-RP Of
plianlee=Eemp4y with -pregrams,
as apply
,-a„d
A te de se by such safety ffeffal`1`15, Feeeive
safety tFaining Specifically
Felated to
fe+., -.++L.e CI+e
pelFSen.,I s- whole
MWI
■
■
... ... .. _
■
■
WA
■
...
■
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 5
E—Aif5e €ngin2ef ef that pa�-t-eFztheWed(thm+ ,ono believes va,IuheurEAreT-tv;
.
ril7ftl.
.l�ER7S7SlT.1T-T Mrr
■
■
■
IN
MN
■NNW
■
WIN•
■
■ •
■
•
WIN
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 5
d. Recerd and maintain aeeurate, up te date lists ef the eempany names and pei
equipment.
f Upon completion efthe WeF'( f„ niSh Wiginal t of all Roo PFejeet d.,e,,,ti.entatien
to designated Feempients.
■
13. Payment Requests! Review fOF
CeRtFaEtE)F feF
appImEations payment
;A41. the—estab10s#�ed—��ee��e—fer their
with eempliance
to EngineeF,
s�lh,;,;ss�r—a�l�€erwmd with
the the
Fecomm-end-ation-s noting paltieulady
Felationship of payment
Fequested to the sehedule of values, WEIFI( completed,
deloveFed the Sete but the
and FnateFials and equipment
W8FI(.
at not
us WA �Aar_s ..
a. Participate in Engineer'sASRS tO the Site . gaFdffing Substantial r_w...letiGn __°_+
;n the deteFlTlinnt+en of SubstantiarCemplet+en, and PF;QFte the .5sunee of a
Certificate of Substantial !'e..,pletien submit a pun, L. list of ..h.-.,wed :+ems
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 5
a. Participate in Engineer'sASRS tO the Site . gaFdffing Substantial r_w...letiGn __°_+
;n the deteFlTlinnt+en of SubstantiarCemplet+en, and PF;QFte the .5sunee of a
Certificate of Substantial !'e..,pletien submit a pun, L. list of ..h.-.,wed :+ems
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 5
INVO
NOW
Omitted
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 5
EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM)
NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018)
Owner:
Owner's Project No.:
Engineer:
Engineer's Project No..
Contractor:
Contractor's Project No.:
Project:
Contract Name:
Notice Date:
Effective Date of the Construction Contract:
The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment
to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract
is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents
("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services
dated [date of professional services agreement] ("Owner -Engineer Agreement"). This Notice of
Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which
all who receive and rely on said Notice agree:
1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering
profession practicing under similar conditions at the same time and in the same locality.
2. This Notice reflects and is an expression of the Engineer's professional opinion.
3. This Notice has been prepared to the best of Engineer's knowledge, information, and belief as of the
Notice Date.
4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been
employed by Owner to perform or furnish during construction of the Project (including observation
of the Contractor's Work) under the Owner -Engineer Agreement, and applies only to facts that are
within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of
carrying out the responsibilities specifically assigned to Engineer under such Owner -Engineer
Agreement.
5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction
Contract, an acceptance of Work that is not in accordance with the Contract Documents, including
but not limited to defective Work discovered after final inspection, nor an assumption of
responsibility for any failure of Contractor to furnish and perform the Work thereunder in
accordance with the Contract Documents, or to otherwise comply with the Contract Documents or
the terms of any special guarantees specified therein.
6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract,
and is subject to Owner's reservations of rights with respect to completion and final payment.
Engineer
By (signature):
Name (printed):
Title:
Exhibit E—Notice of Acceptability of Work.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page i of 1
EXHIBIT F—RESERVED
Guidance Notes —Exhibit F
1. See Exhibit F—Electronic Documents Protocol (EDP), in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit F—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT G—RESERVED
Guidance Notes —Exhibit G
See Exhibit G—Insurance, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit G—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT H—RESERVED
Guidance Notes —Exhibit H
1. See Exhibit H—Dispute Resolution, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit H—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT I —RESERVED
Guidance Notes —Exhibit I
1. See Exhibit I —Limitations of Liability, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit I —Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1