25-R-108 Unitech Consulting Engineers-FM 3009 18-inch Transmission Line Replacement ProjectRESOLUTION 25-R-108
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING A TASK ORDER
WITH UNINTECH CONSULTING ENGINEERS,
INC. FOR PROFESSIONAL ENGINEERING DESIGN
SERVICES RELATED TO THE FM 3009 18 INCH
TRANSMISSION LINE REPLACEMENT PROJECT.
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an agreement for Professional Engineering Design Services related to the FM
3009 18 inch Transmission Line Replacement Project; and
WHEREAS, Unintech Consulting Engineers, Inc., (Unintech) is an approved on -call
Engineering Firm for the City of Schertz; and
WHEREAS, pursuant to Section 252.022(a)(4), of the Texas Local Government Code,
the City is not required to seek bids or proposals with respect to a procurement for personal,
professional, or planning purposes; and
WHEREAS, City staff has determined that Unintech is uniquely qualified to provide
such services for the City; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve a task order for Unintech to provide the necessary professional services for the project.
NOW THEREFORE, 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
a Task Order in substantially the form set forth in Exhibit A with Unintech Consulting
Engineers, Inc. for the FM 3009 18 inch Transmission Line Replacement Project for
$431,752 with a not to exceed amount of $475,000.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
�yyt� JJ l
PASSED AND APPROVED on the day of `(rL� Y� J , 2025.
CITY OF SCHERTZ TEXAS
Ralp tie �z,Mayor
AT
Sheila Edmondson, City Secretary
Exhibit A
Task Order with Unintech Consulting Engineers, Inc. for the FM 3009 18 inch
Transmission Line Replacement Project
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
E J D C'i� "_ "_
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OP ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
MkOns 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.orl5
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.ong
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 ,....., .eicdc.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.
consisting of 5 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:
b.
Owner:
City of Schertz
Unintech Consulting Engineers, Inc.
C.
Engineer:
d.
Specific Project (title)
FM 300918-in Transmission Main
e.
Specific Project
Civil and Survey Engineering design services for the
(description):
replacement of approximately 7,150 If of 18-inch
water main along FM 3009 between FM 2252 and
Triton Drive
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: FM 3009 18-in Transmission Main
Type and Size of Facility: 7,150 If of 18-inch water main
Description of Improvements: Replacement of approximately 7,150 If of 18-inch water main along
FM 3009 between FM 2252 and Triton Drive
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
Expected Construction Start: December 2026
Prior Studies, Reports, Plans:
Facility Location(s): FM 3009, Schertz, TX 78108
Current Specific Project Budget: $3,865,352.00
Funding Sources: tbd
Known Design Standards: City of Schertz Public Works Design Guide, AWWA
Known Specific Project Replacing existing 18-inch ac water main, currently located on west
Limitations: side of FM 3009 TXDOT Right of Way.
There are two railroad crossings, and it is anticipated that these will
be augured in casing
Specific Project Assumptions: The new main location will be in easements, existing or new,
parallel to right of way.
Permitting through TXDOT will be required.
Easements will be required.
New main will be same size as existing water main.
Electric pole bracing will be required.
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.
A geotechnical sampling and report will be required.
3. SERVICES OF ENGINEER ("SCOPE")
A. The specific Basic Services to be provided or furnished by Engineer under this Task Order are:
❑ 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:
1. 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.
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
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
otherAdditional Services require mutual agreement and may be authorized by amending the
Task Order as set forth in Paragraph 8.05.6.2 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:
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
7. ENGINEER'S COMPENSATION
Action / Milestone
Comment
A. The terms of payment are set forth in Article 4 of the Main Agreement.
B. Owner shall pay Engineer for services rendered under this Task Order as follows:
Description of Service
1. Basic Services
a. Preliminary Design Phase
Amount Basis of
Compensation
$153,292.00 LUMP SUM
b. Final Design Phase
c. Bid Phase
d. Construction
e. Closeout
$96,996.00 1 LUMP SUM
$12,218.00 LUMP SUM
$39,720.00 1 LUMP SUM
$8,526.00 ' LUMP SUM
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
2. Resident Project Representative Services*
TOTAL COMPENSATION (items 1 and 2)
3. Additional Services under Section 3.1) above
a. SUE Level A and B (estimated 10 level A, and
4000 If level B)
b. Easement Survey Plat and Fieldnotes
(estimated 15 easements at $3600/ea)
c. Easement Acquisition negotiation (estimated
15 easements)
N/A I N/A
$310,752.00
$121,000.00
$49,000.00 1 LUMP SUM
$54,000.00 1 LUMP SUM
$18,000.00 ' LUMP SUM
*Based on an estimated 12-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.
8. ENGINEER'S PRIMARY SUBCONSULTANTS FOR TASK ORDER, AS OF THE EFFECTIVE DATE OF THE
TASK ORDER:
A. Terracon Consultants, Inc.
B. Soft Dig, Inc.
C. KW Realty
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:
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
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: #Aw- 6-Aw
Print Name: Print Name: Mark B Hill
Title: Title: Director and Shareholder
DESIGNATED REPRESENTATIVE FOR TASK ORDER:
i! F711M
Title:
Address:
E-Mail
Address:
Phone:
Date:
Engineer's License or Firm's 94904
Certificate No. (if required):
State of: Texas
DESIGNATED REPRESENTATIVE FOR TASK ORDER:
Name: Mark B Hill
Title:
Director and Shareholder
Address:
2431 E. Evans Rd
San Antonio, Texas
E-Mail
chill@unintech.com
Address:
Phone:
210-590-4777
Date: 7-25-2025
Task Order.
EJCDC6 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 5
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 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 4 OF 4: EXHIBITS TO TASK ORDER
Prepared by
son-
--r
somm-
EJCDUNNEB-
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
it
-ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS
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.
Copyright° 2020
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
rww.acec.orl;
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 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.
EXHIBITS TO TASK ORDER
TABLE OF CONTENTS
EXHIBIT A -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...................................................................................................................................1
1.01
Management of Engineering Services.................................................................................................1
1.02
Study and Report Phase......................................................................................................................1
1.03
Preliminary Design Phase....................................................................................................................1
1.04
Final Design Phase...............................................................................................................................9
1.05
Bidding/Proposal Phase.....................................................................................................................12
1.06
Construction Phase............................................................................................................................13
1.07
Post -Construction Phase...................................................................................................................21
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.........................................................23
f.
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
A. Engineer shall:
Consult with Owner to define and clarify Owner's requirements for the Specific Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility, and expandability, and any budgetary limitations, and identify
available data, information, reports, facilities plans, and site evaluations.
a. If Owner has already identified one or more potential solutions to meet its Specific
Project requirements, then proceed with the study and evaluation of the Owner -
identified potential solutions listed here:
1) Replace the existing 18-inch water main along FM 3009 west side.
. . .
SM72
P. If it i6 iiecc.`�Sa'Fy f9F onsinccF cv iacncl •, study, and evaluate mHltlp^rei8tei-?tlar
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 1 of 26
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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
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Exhibit A —Engineers Services Under Task Order.
Exhibits to Task Order. E1CDC® 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
B.
^d RepaFt Pha-se delive.ra 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
ExhibitA—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 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 1.03.6.8 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 1.03.6.8 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 inStFUGtiOnS F ,rain^ - a.,,,.t,.-,,...,,.,+_ f,,. 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 (man .modified version of the EJCDC
2-r' " Construction Series documents), and any other related documents or content
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 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 along the west side as appropriate
for the design of the water main replacement. Appropriate right way delineation
in preparation of the potential easement acquisition.
b. Preliminary Utility Plans for the relocation/replacement of the existing 18-inch
water main. Include Cover, index, general notes, quantities, plan and
plan/profile as appropriate for the replacement.
c. Preliminary Traffic Control Plans design and preparation
d. Storm Water Pollution Control plans: Provide an erosion control plan, narrative,
and appropriate details for facilitate the submittal of a Notice of Intent by the
contractor
Construction Cost Estimating.
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.
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
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
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:
1. First Final Design Phase draft of all Drawings and Specifications.
Seeend Final Design Pha-re draft ef all DFawings and Specifications, addFessmAg QwReF
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-SOS, Agreement between owner and Engineer for Professional Services —Task Osier 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
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.
3. 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:
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 1.03.6.9.
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.
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:
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:
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
1) TXDOT access permit, utility permit
2) UPRR permit
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.
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.
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 11 of 26
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. Final Utility Plans for the relocation/replacement of the existing 18-inch water
main. Include Cover, index, general notes, quantities, plan and plan/profile as
appropriate for the replacement.
b. Traffic Control Plans design and preparation
c. SWPPP- Provide an erosion control plan, narrative, and appropriate details for
facilitate the submittal of a Notice of Intent by the contractor.
d. Construction Cost Estimating.
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.B.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.
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
Exhibit A —Engineers 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 12 of 26
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
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.
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 13 of 26
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
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: iDelete OF edit a pliable to the Speer fic- PFGje..tt EngineeF and Resident
i ivJccc Repre6encacivci any) will oc based in a field effise at the Site. The field qffic:e
be Secured fOF Engi.,eeF'S (and RPR's) exclusive . ,.Deleted
.. rm
...
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 14 of 26
...
rmxhahk•
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.
S. 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,
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
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 15 of 26
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
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
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
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.
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
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
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
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.
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 18 of 26
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 appear to 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 Engineer's review of Contractor's Work for the
purposes of recommending payments nor Engineer's recommendation of any
payment including final payment will impose on Engineer responsibility to
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 1.06.6.20. 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
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
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 EJCDC® C-626, Notice of Acceptability of Work
(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
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
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, or the 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.
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.
Perform or provide the following other Post -Construction Phase tasks or deliverables:
a. Provide as -built survey of valve, fire hydrant, and blow -off locations.
b. Prepare a plan of record based as -built survey and 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.
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;
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 21 of 26
b. services after the 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.
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.
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
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
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.
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.
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.
Undertaking investigations and studies including, but not limited to:
All -hazards risk assessments and other studies to evaluate the feasibility of
enhancing the resiliency of the design;
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 23 of 26
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.
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,
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 24 of 26
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 1.01.1) (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.
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 1.06.13.9; 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
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 25 of 26
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
Exhibit A
Schedule
Reference
Engineer
Submit one (2) review copies of the
1.03.B.17
Within 60 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 15 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 Engineer.
Engineer
Submit one (1) copies of the revised
1.03.B.18 Within 7 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 45 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,
1.04.B.3
Within 30 days of the receipt of Owner's
completed, pricing -ready and
and
comments and instructions regarding the
construction -ready Drawings and
1.04.G.1
second Final Design Phase drafts of Drawings
Specifications to Owner.
and Specifications.
Owner
Submit comments and instructions
1.04.G.2
Within 15 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
Exhibit A
Reference
Schedule
Engineer
Submit to Owner:
Within 15 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.
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.
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
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-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 i
EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE UNDER TASK ORDER
ARTICLE 1—RESIDENT PROJECT REPRESENTATIVE SERVICES
MIN
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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 i of 5
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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
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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
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Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative 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 5
..IMMIM-01
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Omitted
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative 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 5 of 5
EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM)
Owner:
Engineer:
Contractor:
Project:
Contract Name:
NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018)
Owner's Project No.:
Engineer's Project No.:
Contractor's Project No.:
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 1 of 1
EXHIBIT F—RESERVED
Guidance Notes —Exhibit F
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
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 i 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-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 1
City of Schert:
PROJECT WORK PLAN AND FEE PROPOSAL BREAKDOWN
Project FM 3009 Transmission Main Replacement
Prime Consult UNINTECH CONSULTING ENGINEERS, INC.
Subconsuhant
Proposal Dale 712812025
Prepared By. Mark B Hill, PE
PmJectManger Engineer
$220.00 $195.00
ER
$125.00
CAD Tech
$96.00
Survey Survey
RPLS SR Tay Crew-2 Crew-3
man an
$235.00 $133.00 $133.00 $175.00 $198.00
TASK CODE AND DESCRIPTION
HOURS
I HOURSI
HOURS
HOURSI
HOURS HOURS HOURS HOURS HOURS
HOURS
FE
Preliminary
Design
11
148
336
252
0 0 0 0 0
0
747
$ 153.222A0
2.02
2.03
2.04
2.06
Design Topographic survey
Existing Conditions Model (Planimebicslropography)(3 site)
Geotechnical Sampling and report (Tenacon)
Environmental Constraints Analysis (Terracon)
8
20
40
_
J
_
0
68
$316000.00
_ $7,820.00
$76,500.00
gg_gg
2.06
2.07
2.08
Preliminary Construction Plans - Front End Dom _
Preliminary Construction Plans- Traffic Control Plans
Preliminary Construction Plans -SWPPP
8
10
12
16
48
20
20
_ _
24
58
52
�$3,480.00
$7850.00
$6,640.oD
2.09
Prelminary Utility Conflict Map/MlabWSUE Request Map
4
8
12
408
$1,740.00
$51,920.00
$5.236.00
$3.400.00
_
2.10 Preliminary Construction Plans - Water Plan and Profile 8 80 160 160
2.11 Preliminary Construction Plans - Special Details 1 8 16 16
2.12 Design Report- Preliminary Design Phase 8 16
41
24
2.13
2.14
Quantity Take -off and Estimate
Response to City Comments
2
2
8
16
16
16
18
$2,370.00
$5456.00
42
Final Design
27
172
308
216
0 0 0 0 0
0
723
S 26906 .as
3.01
Project Administration (includes but not limited to invoicing, sub
16
16
$3.620.00
3.02
3.03
3.04
General Stake Holder Coordination (TXDOT, Muncipalitles, Utilities)
Final Construction Plans - Front End Docs
Final Construction Plans- Traffic Control Plans
_
_
16
8
24
16
48
64
_
_ _
_ -
16
24
_ 1960.00
$3.480.00
136
$16.584.00
3.05
Final Construction Plans -SWPPP - Road
20
40
40
100
$12,640.00
3.06
Finalize Utility Conflict MaptMalrbr
4
8
12
$1.740.00
3.07
Final Construction Plans - Water Plan and Profits
40
80
so
200
$25,080.00
3.08
Final Construction Plans Special Details
8
16
16
40
$ 016.00
_ 3.08
3.09
3.10
3.11
Final Design Report
Construction Contract Documents - Front End Documents
Construction Contract Documents- Special Provisions
Construction Contract Documents -Special Specifications
2
8
8
8
8
24
16
1s
16
$4,920.00
$ 480.00
$3.480.00
$3.480.00
3.12
3.13
3.14
Quantity Tek"If and Estimate
OA/QC - IntemaV3d Party
Response to Owner Comments
8
8
8
8
16
16
r24
$2,480.D0
$1760.00
$5,016.00
3.15
TXDOT Pennhs
1
4
4
$1,460.00
Bld Phase
12
26
32
B
0 0 0 0 0
0
78
$ 12.21B.00
4.01
4.02
Finalize Constructability Issues
Final Construction Contract Documents/Plans_
2
4
8
8
8
8
_ 22
16
4
$2,948.00
$2.490.00
$810.DD
4.03 Submit 100% Plans/ Signed and Sealed 2 2
4.04
4.05
Participate in Pre -Bid Meeting
Respond to Contractor Questions
2
2
2
4
4
4
$810.00
10
1n680.00
4.06
Prepare and Distribute Necessary Addenda
2
4
4
10
$1 680.00
4.07
Prepare Bid Tabulation and Letter of Recommendation
2
2
8
12
$1.810.00
Construction Phase
25
94
96
0
0 0 0 0 0
0
215
$ 39.720.00
5.01
Participate In Pre -Con meeting
2
2
4
$810.00
5.02
Survey - Reestablish Project Control Points for Contractor Prior
0
$1 932.00
5.03
Survey - Establish 100-11 offset stakes
0
$2,11SLOG
5.04
Review Shop Drawngs
1
4
8
13
$1,960.00
5.05
Review Contractor Pay Estimates
12
24
36
$5,220.00
5.06
Respond to RFI's (assumed 4)
4
8
8
20
$3,360.00
5.07
Review I Negotiate Change Orders (assumed 2)
2
4
8
14
$2,180.00
5.08
Project Site Visits and Reports (Mhinum One Per Month)(Aesumed
48
48
96
$14 880.00
_
5.09
5.10
Participate in Construction Progress Meetings and Prepare Meeting
Final Walkthrough and Punchlist Review
12
4
12
4
24
Ss,860.00
$1 620.00
a
1protect Closeout
2
20
16
0
1 2 4 8 0
0
55
Il 11,526,00
6.01
_ 6.01
6.02
Asbuik Survey -_locate valves, fire hydrants, meters
Prepare Record Drawings
Anniversary site vist with Owner
2
16
4
16
1 2 4 8
15
36
$1,900.00
,886.00
$740.00
4
ITOTAL BASE
FM
77
460
788
476
1 2 4 8 0
0
isle
10, 2.
Mdifional Services
0
0
0
0
0 0 0 0 0
0
0 T
is 121,000.00
7.01
7.02
7.03
7.04
SUE Level A Locates (6.1-10 ft) (Estimated 10 @$3,600/ea)
SUE Level B (lump sum) (ROW estimated 40001f)
Survey to provide easement plan and field notes (anticipated 15 each)(@ $3,600 ea)
potation
wSOn
$36,000.00
$13,000.00
$54.000.00
$18,000.00Em+a
L
77
460
78a
476
1 2 4 8 0
0
leis
,752.0
Wrerracon
July 22, 2025
Unintech Consulting Engineers Inc
2431 E Evans Road
San Antonio, Texas 78259-2755
Attn: Mr. Mark B Hill
P: (210) 641-6003 x1414
E: mhillC! 11
RE: Proposal for a Phase I Environmental Site Assessment
Schertz - FM 3009 18-in Transmission Main
FM 3009
Schertz, Texas
Terracon Proposal No. P90257384
Dear Mr. Hill:
6000 Northwest Pkwy Ste 100
San Antonio, TX 78249-3346
P 210-641-2112
F 210-641-2124
Terracon.com
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this
proposal to Unintech Consulting Engineers Inc (client) to conduct a Phase I Environmental
Site Assessment (ESA) of the above -referenced subject property (hereinafter known as
the "site"). We understand the site consists of approximately 1.6 linear miles along the west
side of FM 3009 (between Tritan Drive and north of the railroad tracks beyond Bell North
Drive) in Schertz, Texas
Phase I ESA consistent with ASTM E1527-21
Scope of Services Chain of Title/Environmental Lien/ALIL Search is not included
(see Section 2.0 of attached in this fee.
proposal detail)
Additional non -scope items: None
Schedule
(see Section 2.4 of attached 15 business days from written notice to proceed
proposal detail)
Compensation Lump sum of $4,800
If this proposal meets with your approval, work may be initiated by returning a fully
executed copy of the attached Agreement for Services and ASTM E1527-21 User
Questionnaire attached to this proposal to our San Antonio office. Please provide site
contact information with the signed agreement. The terms, conditions, and
Facilities I Environmental I Geotechnical I Materials
Proposal for a Phase I Environmental Site Assessment
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
o ierracon
limitations stated in the Agreement for Services and sections of this proposal
incorporated therein, shall constitute the exclusive terms and conditions and services to
be performed for this project.
We appreciate the opportunity to provide this proposal and look forward to working with
you on this project. If you have any questions or comments regarding this proposal or
require additional services, please give us a call.
Sincerely,
Terrac, Consultants, Inc.
Nicole J. Martinez
Senior Administrative Staff
Dawn McCurry
Senior Environmental Scientist
Attachments: ASTM E1527-21 User Questionnaire
Detailed Scope of Services
Agreement for Services
Facilities I Environmental I Geotechnical I Materials ii
ASTM E1527-21 User Questionnaire o terracon
Date Completed
Person Completing Questionnaire
Name:
Phone:
Company:
Email:
Site Name
Schertz - FM 3009 18-in Transmission Main
Site Address
FM 3009, Schertz, Texas
Point of Contact for Access
Name:
Phone:
Company:
Email:
Access Restrictions or Special Site
_No _Yes (If yes, please explain)
Requirements?
Confidentiality Requirements?
_No _Yes (If yes, please explain)
Current Site Owner
Name:
Phone:
Company:
Email:
Current Site Operator
Name:
Phone:
Company:
Email:
Reasons for ESA (e.g., financing,
acquisition, lease, etc.)
Anticipated Future Site Use
Relevant Documents?
Please provide Terracon copies of prior Phase I or II ESAs, Asbestos Surveys, Environmental
Permits or Audit documents, Underground Storage Tank documents, Geotechnical
Investigations, Site Surveys, Diagrams or Maps, or other relevant reports or documents.
ASTM User Questionnaire
To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields
Revitalization Act of 2001 (the "Brownfields Amendments"), the user must respond to the following inquiries required by 40 C.F.R. §§
312.25, 312.28, 312.29, 312.30, and 312.31. These inquiries must also be conducted by EPA Brownfield Assessment and Characterization
grantees. The user should provide the following information to the environmental professional. Failure to conduct these inquiries could
result in a determination that "all appropriate inquiries" is not complete.
1) Did a search of land title records (or judicial records where appropriate) Identify any environmental liens filed or recorded against the
site under federal, tribal, state, or local law (40 CFR 312.25)?
_No _Yes (If yes, explain below and send Terracon a copy of the title records or judicial records reviewed.)
2) Did a search of land title records (or judicial records where appropriate) identify any activity and use limitations (AULs), such as
engineering controls, land use restrictions, or institutional controls that are in place at the site and/or have been filed or recorded against
the site under federal, tribal, state, or local law (40 CFR 312.26)?
_No _Yes (If yes, explain below and send Terracon a copy of the title records or judicial records reviewed.)
3) Do you have any specialized knowledge or experience related to the site or nearby properties? For example, are you involved in the
same line of business as the current or former occupants of the site or an adjoining property so that you would have specialized
knowledge of the chemicals and processes used by this type of business (40 CFR 312-28)?
_No _Yes (If yes, explain below)
4) Do you have actual knowledge of a lower purchase price because contamination is known or believed to be present at the site (40 CFR
312.29)?
_No _Yes _Not applicable (If yes or Not applicable, explain below)
5) Are you aware of commonly known or reasonably ascertainable information about the site that would help the environmental
professional to identify conditions indicative of releases or threatened releases (40 CFR 312.30)? For example, (a.) Do you know the past
uses of the site? (b.) Do you know of specific chemicals that are present or once were present at the site? (c.) Do you know of spills or
other chemical releases that have taken place at the site? (d.) Do you know of any environmental cleanups that have taken place at the
site?
_No _Yes (If yes, explain below)
6) Based on your knowledge and experience related to the site, are there any obvious indicators that point to the presence or likely
presence of releases at the site (40 CFR 312.31)?
_No _Yes (If yes, explain below)
Comments or explanations:
Please return this form with the signed authorization to proceed. Proposal No. P90257384
Proposal for a Phase I Environmental Site Assessment Terracon
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
DETAILED SCOPE OF SERVICES
INFORMATION
We understand the site consists of approximately 1.6 linear miles along the west side of FM
3009 (between Tritan Drive and north of the railroad tracks beyond Bell North Drive) in
Schertz, Texas (see Figure 1 below for approximate linear boundary). If this is not accurate,
or if you have additional useful information, please inform us as soon as possible.
Figure 1
2.0 SCOPE OF SERVICES
2.1 'ease Phase I ESA Services
The ESA will be performed consistent with the procedures included in ASTM E1527-21,
Standard Practice for Environmental Site Assessments: Phase I Environmental
Assessment Process. The purpose of this ESA is to assist the client in developing
information to identify recognized environmental conditions (RECs - as defined below) in
connection with the site as reflected by the scope of this proposal. The potential for
vapor migration will be addressed as part of a Phase I ESA and will be considered by
Terracon in evaluation of RECs associated with the site. If modifications to the scope of
services are required, please contact us to discuss proposal revisions.
Facilities I Environmental I Geotechnical I Materials 1
Proposal for a Phase I Environmental Site Assessment ,�rracon
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
REC uefinition
RECs are defined by ASTM E1527-21 as "'(1) the presence of hazardous substances or
petroleum products in, on, or at the subject property due to a release to the
environment; (2) the likely presence of hazardous substances or petroleum products in,
on, or at the subject property due to a release or likely release to the environment; or
(3) the presence of hazardous substances or petroleum products in, on, or at the subject
property under conditions that pose a material threat of a future release to the
environment." This ESA includes consideration of the movement of hazardous
substances and petroleum products in any form, including migration of vapor in the
subsurface. A de minimis condition is not a REC.
Review of Per- and Polyfluu, alkyl Substances (PFAS)
There are a family of compounds known as per- and polyfluoroalkyl substances (PFAS)
which are considered emerging contaminants of concern due to their mobility and
longevity in the environment. PFAS have been used in many products, including but not
limited to fire -fighting foam, anti -stick coatings, stain and water-repellent coatings,
electroplating, and paper products, among others. On July 8, 2024, US EPA designated
two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid
(PFOS), including their salts and structural isomers, as hazardous substances under
CERCLA; accordingly, PFOA and PFOS will be evaluated within the scope of E1527-21.
Physical Setting
The physical setting for the site will be described based on a review of the applicable
USGS topographic quadrangle map, USDA soil survey, and selected geologic reference
information.
Historical Use Information
A review of historical resources, where reasonably ascertainable and readily available,
will be conducted in an attempt to document obvious past land use of the site and
adjoining properties back to 1940 or when the site was initially developed, whichever is
earlier. The following minimum selected references will be obtained and reviewed for the
site and adjoining properties, if available:
Historical topographic maps
Aerial photographs (approximate 10 to 15-year intervals)
City directories (approximate 5-year intervals)
Fire (Sanborn) insurance maps
Facilities I Environmental I Geotechnical I Materials 2
Proposal for a Phase I Environmental Site Assessment
Scheriz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
w ierraoon
The following additional historical resources will be reviewed for the site if determined by
the Environmental Professional to be warranted, applicable and likely useful:
Property tax file information
Building department records
■ Prior environmental reports, permits
and registrations; or geotechnical
report, if provided by the client.
■ Site title search information, if
provided by client
■ Environmental liens, if provided by
client
■ Zoning records
Pursuant to ASTM E1527-21, the client should engage a title company or title
professional to undertake a review of reasonably ascertainable recorded land title
records (or judicial records where appropriate) for environmental liens and activity and
use limitations currently recorded against or relating to the site. Note that for ASTM
E1527-21, title search information reports shall review land title records for documents
recorded between 1980 and the present for purposes of environmental liens and activity
and use limitations. If the client is unable to provide land title records (or judicial
records where appropriate), an abstract firm may be contracted by Terracon to perform
a review of land title records (or judicial records where appropriate) for an additional
fee. Documentation of environmental liens and activity and use limitations, if recorded,
will be provided in the land title records (or judicial records where appropriate). Note,
however, unless specifically requested within three days of project commencement,
Terracon will rely on the client to provide land title records (or judicial records where
appropriate). If land title records (or judicial records where appropriate) are not
provided for review in a timely manner, Terracon may conclude that the absence of
records represents a data gap, which must be evaluated and documented in the final
report.
The client and the current owner or their representative will be interviewed to provide
information regarding past uses of the site and information pertaining to the use of
hazardous substances and petroleum products on the site. Additionally, a reasonable
attempt will be made to interview past owners, operators, and occupants of the site to
the extent that they are identified within the scope of the ESA and are likely to have
material information that is not duplicative of information already obtained through the
assessment process.
Regulatory Records Review
Consistent with ASTM E1527-21, federal, state, and tribal databases, where applicable
and within ASTM-defined minimum search distances from the nearest property
boundary, will be reviewed for indications of RECs. A database firm will be subcontracted
to access governmental records used in this portion of the assessment. Additional
federal, state, and local databases may be reviewed if provided by the database firm.
Determining the location of unmapped facilities is beyond the scope of this assessment.
Facilities I Environmental I Geotechnical I Materials 3
Proposal for a Phase I Environmental Site Assessment
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas lklerracon
July 22, 2025 1 Terracon Proposal No. P90257384
In addition to the database review and if customary practice for the site location, an
attempt will be made to review reasonably ascertainable and useful local lists or records
such as Brownfield sites, landfill/solid waste disposal sites, registered storage tanks,
land records, emergency release reports, and contaminated public wells. A reasonable
attempt will also be made to interview at least one staff member of any one of the
following types of local government agencies: fire department, health agency, planning
department, building department, or environmental department. As an alternative, a
written request for information may be submitted to the local agencies.
The scope of work proposed herein includes up to two hours of regulatory agency file
and/or records review, including client -provided reports and files. If the results of this
initial review appear to warrant a more extensive review of applicable regulatory agency
files and/or records, a cost estimate will be provided to the client for pre -approval.
Review of regulatory files and/or records, when authorized, will be for the purpose of
identifying RECs. Please note that all requested files may not be available from
regulatory agencies within the client's requested project schedule.
Site and Adjoining/Surrounding Property Reconnaissance
A site reconnaissance will be conducted to identify RECs. The reconnaissance will consist
of visual observations of the site from the site boundaries and selected interior portions
of the site. The site reconnaissance will include, where applicable, an interview with site
personnel who the client has identified as having knowledge of the uses and physical
characteristics of the site. Pertinent observations from the site reconnaissance will be
documented including:
m Site description
■ General site operations
■ Features, activities, uses, and conditions of the site relevant to identifying RECs
The adjoining property reconnaissance will consist of visual observations of the
adjoining/surrounding properties from the site boundaries and accessible public rights -
of -way.
Report Preparation
A PDF-formatted copy of the final report will be submitted that presents the results of
this assessment, based upon the scope of services and limitations described herein. The
final report will be signed by an environmental professional responsible for the Phase I
ESA, and the report will contain an environmental professional statement as required by
40 CFR 312.21(d). Recommendations will be developed as part of the Phase I ESA scope
of services.
Facilities I Environmental I Geotechnical I Materials 4
Proposal for a Phase I Environmental Site Assessment Terracon
Schertz - FM 3009 18-in Transmission Main Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
Aaamonai services tseyond Base ESA
At the direction of the client, additional services beyond the scope of the base Phase I
ESA have not been included.
kdditional Services Not Included
The following services, although not specifically required by ASTM E1527-21, may also
be performed concurrently with ESAs and may be beneficial for the evaluation of
environmental conditions and/or an evaluation of specific business environmental risks
at the site. At your direction, these services have not been included as part of the scope
of services for this ESA. Please note that this list is not all-inclusive. If you seek
additional services, please contact us for a supplemental proposal and cost estimate.
Radon Records Review
Lead in Drinking Water Records
Review
Wetland Records Review
Threatened/Endangered Species
Records Review
Historic Properties/Archaeological
Resources Review
ASTM E 2600-22 Vapor
Encroachment Screen
Regulatory Agency File Review
If the site is intended for future development, Terracon can also provide proposals for
geotechnical investigations, geologic hazards (like growth faulting), construction
materials testing, construction draw reviews and scope and budget review services.
;ch.;;.-dule
Services will be initiated upon receipt of the written notice to proceed. The final report
will be submitted within 15 business days after receipt of your written notice to proceed,
assuming site access can be obtained within three days after the notice to proceed.
To comply with the proposed schedule, please provide the following items at the time of
notification to proceed.
A signed Agreement for Services evidencing acceptance of this scope of services.
The completed ASTM E1527-21 User Questionnaire, supplied as an attachment to this
proposal.
Right of entry to conduct the assessment, including access to building interiors.
Notification of any restrictions or special requirements (such as confidentiality,
scheduling, or on -site safety requirements) regarding accessing the site.
Facilities I Environmental I Geotechnical I Materials 5
Proposal for a Phase I Environmental Site Assessment
erraC4n
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas wd
July 22, 2025 1 Terracon Proposal No. P90257384
• An accurate legal description and/or a diagram of the site such as a surveyor's plat
map or scaled architect's drawing (if such diagrams exist).
■ Current site owner, property manager, occupant information (including tenant list),
and contact information for persons knowledgeable about the site history including
current and historical use of hazardous substances and petroleum products on site
(e.g., names, phone numbers, etc.).
■ Copies of environmental reports, permits and registrations, and geotechnical reports
that were previously prepared for the site.
• Information relating to known or suspect environmental conditions at the site,
including commonly known or reasonable ascertainable information within the local
community about the site that is material to RECs in connection with the site.
s Information about environmental liens and activity and use limitations for the site, if
a ny.
■ Specialized knowledge or experience that is material to RECs in connection with the
site, if any.
■ Knowledge that the purchase price of the site is significantly less than the purchase
price of comparable properties.
■ Land title records between 1980 and present.
Please note that requested regulatory files or other information may not be provided to
Terracon by the issuance date of the report. Consideration of information not received
by the issuance date of the report is beyond the scope of this ESA.
2.5 teliance
The ESA report will be prepared for the exclusive use and reliance of Unintech Consulting
Engineers Inc. Reliance by any other party is prohibited without the written authorization
of the client and Terracon.
If the client is aware of additional parties that will require reliance on the ESA report,
the names, addresses, and relationship of these parties should be provided for Terracon
approval prior to the time of authorization to proceed. Terracon may grant reliance on
the ESA report to those approved parties upon receipt of a fully executed Reliance
Agreement (available upon request) and receipt of information requested in the Reliance
Agreement. If, in the future, the client and Terracon consent to reliance on the ESA by a
third party, Terracon may grant reliance upon receipt of a fully executed Reliance
Agreement, requested information and receipt of an additional minimum fee of $250 per
relying party.
Facilities I Environmental I Geotechnical I Materials 6
Proposal for a Phase I Environmental Site Assessment, �'rra�on
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
Reliance on the ESA by the client and all authorized parties will be subject to the terms,
conditions, and limitations stated in the Agreement for Services, sections of this proposal
incorporated therein, the Reliance Agreement, and ESA report. The limitation of liability
defined in the Agreement for Services is the aggregate limit of Terracon's liability to the
client and all relying parties.
Continued viability of the report is subject to ASTM E1527-21 Section 4.6. If the ESA will
be used by a different user (third party) than the user for whom the ESA was originally
prepared, the third party must also satisfy the user's responsibilities in Section 6 of
ASTM E1527-21.
.a.o Scope and Report Limitations
Client shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the Services and will execute any necessary site
access agreement. Terracon will be responsible for supervision and site safety measures
for its own employees but shall not be responsible for the supervision or health and
safety precautions for any third parties, including Client's contractors, subcontractors, or
other parties present at the site. In addition, Terracon retains the right to stop work
without penalty at any time Terracon believes it is in the best interests of Terracon's
employees or subcontractors to do so in order to reduce the risk of exposure to unsafe
site conditions. Client agrees it will respond quickly to all requests for information made
by Terracon related to Terracon's pre -task planning and risk assessment processes.
The fee is valid for 90 days from the date of this proposal and is based on the
assumption that all field services will be performed under safety Level D personal
protective procedures and that only one site visit will be made by Terracon personnel.
The lump sum fee is based on the assumptions and conditions provided at the time of
this proposal.
The findings and conclusions presented in the final report will be based on the site's
current utilization, the anticipated future use of the site, if provided to Terracon, and the
information collected as discussed in this proposal. Please note that we do not warrant
database or third- party information (such as from interviewees) or regulatory agency
information used in the compilation of reports.
Phase I ESAs, such as the one proposed for this site, are of limited scope, are
noninvasive, and cannot eliminate the potential that hazardous, toxic, or petroleum
substances are present or have been released at the site beyond what is identified by
the limited scope of this ESA. In conducting the limited scope of services described
herein, certain sources of information and public records will not be reviewed. It should
be recognized that environmental concerns may be documented in public records that
are not reviewed. This ESA does not include subsurface or other invasive assessments,
vapor intrusion assessments or indoor air quality assessments (i.e., evaluation of the
Facilities I Environmental I Geotechnical I Materials 7
Proposal for a Phase I Environmental Site Assessment
Schertz - FM 3009 18-in Transmission Main I Schertz, Texas
July 22, 2025 1 Terracon Proposal No. P90257384
>j ierracon
presence of vapors within a building structure), business environmental risk evaluations
(unless specifically requested in Section 2.2 of this proposal), or other services not
particularly identified and discussed herein. No ESA can wholly eliminate uncertainty
regarding the potential for RECs. The limitations herein must be considered when the
user of this report formulates opinions as to risks associated with the site. No
warranties, express or implied, are intended or made.
An evaluation of significant data gaps will be based on the information available at the
time of report issuance, and an evaluation of information received after the report
issuance date may result in an alteration of our opinions and conclusions. We have no
obligation to provide information obtained or discovered by us after the date of the
report, or to perform any additional services, regardless of whether the information
would affect any conclusions, recommendations, or opinions in the report. This
disclaimer specifically applies to any information that has not been provided by the
client.
Facilities I Environmental I Geotechnical I Materials 8
J
AGREEMENT FOR SERVICES
Reference Number: P90257384
This AGREEMENT is between Unintech Consulting Engineers Inc ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by
Consultant for Client on the Schertz - FM 3009 18-in Transmission Main project ("Project"), as described in Consultant's Proposal dated 07/22/2025
("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which
section or Exhibit is incorporated into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from
Client on the Subcontractors' behalf. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues,
such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license
agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant
at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terns of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant If prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
S. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$10,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
B. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
Page 1 of 2 Rev. 11-22
Reference Number: P90257384
limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall fumish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site
conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk
assessment processes.
Consultant: Terracon Consultants, Inc. Client: Unintech Consulting Engineers Inc
By: �,�,� Date: 7/22/2025 By: Date:
Namerritle: Dawn McCurry / Senior Environmental Name/Title:
Scientist
Address: 6000 Northwest Pkwy Ste 100 Address:
San Antonio. TX 78249-3346
Phone: (210) 641-2112 Fax: Phone
Email: Dawn.McCunry@terracon.com Email:
Page 2 of 2
2431 E Evans Rd
San Antonio, TX 78259-2755
(210) 641-8003 Fax:
Rev. 11-22
Terracon
July 24, 2025
Unintech Consulting Engineers, Inc.
2431 East Evans Road
San Antonio, TX 78259
Attn: Mr. Mark B. Hill, P.E.
P: (210) 641 - 8279
E: mhill@unintech.com
RE: Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009
FM 3009 from Triton Drive to FM 2252
Schertz, Texas
Terracon Proposal No. P90255236
Dear Mr. Hill:
6000 Northwest Parkway, Suite 100
San Antonio, TX 78249
P (210) 641-2112
Terracon.com
We appreciate the opportunity to submit this proposal to Unintech Consulting Engineers,
Inc. to provide Geotechnical Engineering services for the above -mentioned project. The
following are exhibits to the attached proposal.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location
Exhibit E Anticipated Exploration Plan
Our fee to perform the Scope of Services described in this proposal is in Exhibit C, which
also includes a general breakdown of our anticipated schedule. Your authorization for
Terracon to proceed in accordance with this proposal can be issued by signing and
returning a copy of the attached Agreement for Services to our office.
Sincerely,
Terracon
(Firm Registration: TX F3272)
Carlos Cotilla
Staff Engineer
Arin Barkataki, P.E.
Principal
Facilities I Environmental I Geotechnical i Materials
der
Reference Number: P90255236
AGREEMENT FOR SERVICES
This AGREEMENT is between Unintech Consulting Engineers Inc ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by
Consultant for Client on the Proposed Transmission Water Main - FM 3009 project ("Project"), as described in Consultant's Proposal dated 07/23/2025
("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which
section or Exhibit is incorporated into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from
Client on the Subcontractors' behalf. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues,
such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license
agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and fumished to Consultant
at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client.
S. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be bome by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
Page 1 of 2 Rev. 11-22
r terra
Reference Number: P90255236
limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Texas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when perfonning Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site
conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk
assessment processes.
Consultant: Te►racon Consultants, Inc.
By:
k ' Date: 7/24/2025
Name/Title:
n Barkataki I Department Manager III
Address:
6000 Northwest Pkwy Ste 100
San Antonio, TX 78249-3346
Phone:
(210) 641-2112 Fax: (210) 641-2124
Email:
Arin.Barkataki@terracon.com
Client: Unintech Consulting Engineers Inc
By: Date:
Name/Title:
Address: 2431 E Evans Rd
San Antonio, TX 78259-2755
Phone: Fax:
Email:
Page 2 of 2 Rev. 11-22
Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas ierracon
July 24, 2025 1 Terracon Proposal No. P90255236
Exhibit A - Project Understanding
Our Scope of Services is based on our understanding of the project as described below.
We have not visited the project site to confirm the information provided. Aspects of the
project, undefined or assumed, are highlighted as shown below. We request the design
team verify all information prior to our initiation of field exploration activities.
Planned Construction
Item Description
Information We have been provided the site location and exploration
Provided locations by the Client.
Structure The project includes the construction of a new water
transmission main along FM 3009.
Site Location and Anticipated Conditions
W Item
16 Description
Parcel
The project is located along FM 3009 from Triton Drive to FM
Information
2252 in Schertz, Texas.
Existing
Existing roadway
Improvements
Current Ground
Asphalt roadway.
Cover
Existing
Unknown
Topography
We expect the site, and all exploration locations, are accessible
Site Access
with our truck -mounted drilling equipment and support vehicles.
Traffic control will be required to perform the drilling activities.
A line item is provided under the compensation section.
Anticipated
Based on the geologic formation and our experience with
Subsurface
projects in the vicinity, we anticipate expansive clays.
Conditions
Facilities I Environmental I Geotechnical I Materials
Proposal for Geotechnical Engineering services Proposed Transmission Water Main - FM 3009 1 Schertz, Texas io ierracon
July 24, 2025 1 Terracon Proposal No. P90255236
Exhibit B -.Scope of Services
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Field Exploratior
Based on the Client's request, the following field exploration is proposed:
Number of planned Boring Depth (feet) Planned Location
Borings
8 10 New Water Main
Boring Layout and Elevations: We will use handheld GPS equipment to locate borings
with an estimated horizontal accuracy of +/-20 feet. Field measurements from existing
site features may be utilized. If available, approximate elevations will be obtained by
interpolation from a site specific, surveyed topographic map.
Subsurface Exploration Procedures: We will advance soil borings with a truck -
mounted drill rig using continuous flight augers (solid stem and/or hollow stem, as
necessary, depending on soil conditions). Five samples will be obtained in the upper 10
feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically
performed using thin -wall tube and/or split -barrel sampling procedures. The split -barrel
samplers are driven in accordance with the standard penetration test (SPT). The samples
will be placed in appropriate containers, taken to our soil laboratory for testing, and
classified by a Geotechnical Engineer. In addition, we will observe and record
groundwater levels during drilling and sampling.
Our exploration team will prepare field boring logs as part of standard drilling operations
including sampling depths, penetration distances, and other relevant sampling
information. Field logs include visual classifications of materials observed during drilling
and our interpretation of subsurface conditions between samples. Final boring logs,
prepared from field logs, represent the Geotechnical Engineer's interpretation and
include modifications based on observations and laboratory tests.
Property Disturbance: We will backfill borings with auger cuttings after completion.
Pavements are patched with cold -mix asphalt and/or ready -mixed concrete, as
appropriate. Our services do not include repair of the site beyond backfilling our
boreholes and patching existing pavements. Excess auger cuttings will be dispersed in
the general vicinity of the borehole or hauled off as needed.
Facilities 1 Environmental 1 Geotechnical 1 Materials
Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas w Terracon
July 24, 2025 1 Terracon Proposal No. P90255236
Safety
Terracon is currently not aware of environmental concerns at this project site that would
create health or safety hazards associated with our exploration program; thus, our
Scope considers standard OSHA Level D Personal Protection Equipment (PPE)
appropriate. Our Scope of Services does not include environmental site assessment
services, but identification of unusual or unnatural materials observed while drilling will
be noted on our logs.
Exploration efforts require borings into the subsurface, therefore Terracon will comply
with local regulations to request a utility location service Texas811 We will consult with
the landowner/client regarding potential utilities or other unmarked underground
hazards. Based upon the results of this consultation, we will consider the need for
alternative subsurface exploration methods as the safety of our field crew is a priority.
Private utilities should be marked by the owner/client prior to commencement of field
exploration. Terracon will not be responsible for damage to private utilities not disclosed
to us. Terracon will notify Texas811, a free utility location service, prior to our drilling
program to help locate utilities within dedicated public utility easements. If underground
utilities are known to exist on the site, Terracon should be notified so that we may
review utility plans to help avoid the existing lines. Terracon cannot be responsible for
utilities for which we are unaware or that are improperly located in the field. Location of
private lines on the property is not part of the Texas 811 scope.
Site Access: Terracon must be granted access to the site by the property owner. By
acceptance of this proposal, without information to the contrary, we consider this as
authorization to access the property for conducting field exploration in accordance with
the Scope of Services. Traffic control will be required to perform the drilling activities.
We assume the work will take only one day to complete. A line item for traffic control is
included under the compensation section.
Laboratory TeGting
The project engineer will review field data and assign laboratory tests to understand the
engineering properties of various soil strata. Exact types and number of tests cannot be
defined until completion of fieldwork, but we anticipate the following laboratory testing
may be performed for the soil boring:
Water content
Percent Passing No. 200 sieve
Atterberg limits
Corrosion Suite
Facilities 1 Environmental 1 Geotechnical I Materials
Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 i Schertz, Texas ierracon
July 24, 2025 1 Terracon Proposal No. P90255236
Engineering and Project Delivery
The results of our field and laboratory programs will be evaluated, and a geotechnical
engineering report will be prepared under the supervision of a licensed professional
engineer. The geotechnical engineering report will provide the following:
Boring and coring location plan.
Subsurface exploration procedures.
Computer generated boring logs with soil classification.
Summarized laboratory data.
Groundwater levels observed during and after completion drilling.
Encountered soil conditions.
Subgrade soil modification recommendations
Lateral Earth Pressures
OSHA soil classification
Backfill recommendations
In addition to an emailed report, your project will also be delivered using our client
portal, Compass. Upon initiation, we provide you and your design team the necessary
link and password to access the website (if not previously registered). Each project
includes a calendar to track the schedule, an interactive site map, a listing of team
members, access to the project documents as they are uploaded to the site, and a
collaboration portal. We welcome the opportunity to have project kickoff conversations
with the team to discuss key elements of the project and demonstrate features of
Compass. The typical delivery process includes the following:
Project Planning - Proposal information, schedule and anticipated exploration plan
Site Characterization - Findings of the site exploration and laboratory results
Geotechnical Engineering Report
Facilities I Environmental I Geotechnical I Materials
Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas
July 24, 2025 1 Terracon Proposal No. P90255236
w ierracon
Exhibit C - Compensation and Project Schedule
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and
our planned Scope of Services outlined in Exhibit B, our fee is shown in the following
table:
Lump Sum
Task
Fee
Subsurface Exploration, Laboratory Testing, Geotechnical Consulting
and Reporting $12,500
Traffic Control with crash truck (1 day) $4,000
Proposed fees noted above are effective for 60 days from the date of the
proposal.
Our Scope of Services does not include services associated with site clearing, wet
ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If
such services are desired by the owner/client, we should be notified so we can adjust
our Scope of Services.
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the
beginning of this proposal. If conditions are encountered that require Scope of Services
revisions and/or result in higher fees, we will contact you for approval, prior to initiating
services. A supplemental proposal stating the modified Scope of Services as well as its
effect on our fee will be prepared. We will not proceed without your authorization.
Project Schedule
We developed a schedule to complete the Scope of Services based upon our existing
availability and understanding of your project schedule. However, our schedule does not
account for delays in field exploration beyond our control, such as weather conditions,
delays resulting from utility clearance, permit delays, or lack of permission to access the
boring locations. In the event the schedule provided is inconsistent with your needs,
please contact us so we may consider alternatives.
Facilities I Environmental I Geotechnical 1 Materials
Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas ollerracon
July 24, 2025 1 Terracon Proposal No. P90255236
elivery on CompassOw Schedule
Kickoff Call with Client 5 days after notice to proceed
Field Work Completion 14 days after utility clearance
Laboratory Testing 10 days after completion of field program
Geotechnical Engineering 7 days after completion of laboratory testing
Upon receipt of your notice to proceed we will activate the schedule component
on Compass with specific, anticipated dates for the delivery points noted above
as well as other pertinent events.
Standard workdays. We will maintain an activities calendar within on Compass.
The schedule will be updated to maintain a current awareness of our plans for
delivery.
Facilities 1 Environmental 1 Geotechnical I Materials
Garden Ridge 4 .
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Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas
July 24, 2025 1 Terracon Proposal No. P90255236
Exhibit D Site Location
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Proposal for Geotechnical Engineering Services
Proposed Transmission Water Main - FM 3009 1 Schertz, Texas
July 24, 2025 1 Terracon Proposal No. P90255236
Exhibit E - Anticipated Exploration Plan
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