25-R-107 Unitech Consulting Engineers IH 35 Ground Storage Tank and Pump StationRESOLUTION 25-R-107
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 IH 35 GROUND
STORAGE TANK AND PUMP STATION 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 11135
Ground Storage Tank and Pump Station 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 Agreement in substantially the form set forth in Exhibit A with Unintech
Consulting Engineers, Inc. for the 11135 Ground Storage Tank and Pump Station Project
for $728,068 with a not to exceed amount of $800,000.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
PASSED AND APPROVED on the 101 day ottiUt/l4U 0 , 2025.
CITY OF CHER ,TEXAS
p utit), Mayor
ATTEM
Sheila Edmon son, City Secretary
Exhibit A
Task Order with Unintech Consulting Engineers, Inc. for the IH 35
Ground Storage Tank and Pump Station 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
a =11111111
1111111110— -..
EJCDC...-,-
ENGINEERSJOINT CONTRACT
DOCUMENTS COMMITTEE-
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS
Copyright° 2020
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www. n spe.or�
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
✓ww.acec.or
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
yv vv vv.aa'_c.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The
National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct
all inquiries regarding EJCDC copyrights to NSPE.
The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC® Engineering
Series Documents.
NOTE: EJCDC publications may be purchased at www.eicdc.orig, 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 6 pages.
In accordance with Paragraph 1.01, Main Agreement, of the Agreement Between Owner and Engineer for
Professional Services —Task Order Edition dated [date] , Owner and Engineer agree as follows:
1. TASK ORDER DATA
a. Effective Date of Task Order:
F
Owner:
City of Schertz
C.
Engineer:
Unintech Consulting Engineers, Inc.
d.
Specific Project (title)
IH 35 Ground Storage Tank
e.
Specific Project
Prepare a design services for a proposed 3-million-
(description):
gallon Ground Storage Tank and pump station to be
located adjacent to the IH-35 Elevated Tank site.
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: IH 35 Ground Storage Tank
Type and Size of Facility: 3 Million Gallon Ground Storage Tank and pump station
Description of Improvements: Design a 3 million gallon ground storage tank and pump station at
the IH 35 EST tank site. Provide survey and platting services. Provide
a design for access.
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 6
Expected Construction Start: December 2026
Prior Studies, Reports, Plans:
Facility Location(s): IH 35 Tank Site, Tulip Street, SCHERTZ, TX 78154
Current Specific Project Budget: TBD
Funding Sources: TBD
Known Design Standards: City of Schertz Public Works Design Guide, AASHTO Guide for Design
of Pavement Structures 1993 Edition, AWWA,
Known Specific Project Work within Schertz owned property.
Limitations: Site will need 3-phase power.
Access may come from development to the south.
Specific Project Assumptions: Project will include a study phase to site the tank, size the pumps,
perform an environmental constraints analysis, and determine
platting requirements
Project to be located on property owned by the City of Schertz,
adjacent to existing IH-35 EST. Property will require platting.
Platting will require all weather access to the site. Design will
include a local class A road design to the site.
Tank will receive water from new transmission main from E Live
Oak site.
Pump station will fill on -site elevated tank and have capacity to
pump to Northcliffe EST. Have back up generator on site.
Submittal to TCEQ for review will be provided.
Site plan submittal services will be provided
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.
Environmental phase 1 and habitat compliance will be provided.
Possibly requires SUE. To be determine during study phase and
added as additional services.
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 6
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.
D. Additional Services: Services not expressly set forth as Basic Services in Paragraph 3.A above,
and necessary services listed as not requiring Owner's written authorization, or requiring
additional effort in an immediate, expeditious, or accelerated manner as a result of
unanticipated construction events or Specific Project conditions, are Additional Services, and
will be compensated by the method indicated for Additional Services in this Task Order. All
other Additional Services require mutual agreement and may be authorized by amending the
Task Order as set forth in Paragraph 8.05.6.2 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:
1. Deliver and obtain Right of Entry to property owners within the limits of the project,
but outside of existing right of way, that require access for the engineer or
subconsultants.
2. Provide easement and right of way acquisition negotiation.
6. TASK ORDER SCHEDULE
A. In addition to any schedule provisions provided in Exhibit B or elsewhere, the parties shall
meet the following schedule: Not Applicable
Date I Action / Milestone I Comment
Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 6
7. ENGINEER'S COMPENSATION
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
Amount
Basis of
Compensation
1. Basic Services
a. Preliminary Design Phase
$ 54,788.00
LUMP SUM
b. Final Design Phase
$ 308,872.00
LUMP SUM
c. Bid Phase
$ 214,423.00
$ 24,316.00
LUMP SUM
LUMP SUM
d. Construction
e. Closeout
2. Resident Project Representative Services*
$ 99,143.00
LUMP SUM
N/A
N/A
TOTAL COMPENSATION (items 1 and 2)
$701,542.00
3. Additional Services under Section 3.D above
$18,000.00
SUE Level B (lump sum) (ROW estimated 1000 If) $18,000.00 LUMP SUM
*Based on an 18-month continuous construction period.
** Estimated amount. To be verified after extent of services verified by survey
C. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are
estimates only. Lump sum amounts and estimated totals included in the breakdown by
phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and
Subconsultants' charges, if any. For lump sum items, Engineer may alter the distribution of
compensation between individual phases (line items) to be consistent with services actually
rendered but shall not exceed the total lump sum compensation amount unless approved in
writing by the Owner.
Task Order.
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 4 of 6
S. ENGINEER'S PRIMARY SUBCONSULTANTS FOR TASK ORDER, AS OF THE EFFECTIVE DATE OF THE
TASK ORDER:
A. Geotechnical (Terracon)
B. Environmental (Terracon)
C. Electrical Engineering (Cleary Zimmerman)
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 5 of 6
Execution of this Task Order by Owner and Engineer makes it subject to the terms and conditions of the
Main Agreement and its exhibits and appendices, which Main Agreement, exhibits, and appendices are
incorporated by this reference.
OWNER: ENGINEER:
By: By:
Print Name: Print Name: Mark B Hill, PE
Title: Title: Director and Shareholder
DESIGNATED REPRESENTATIVE FOR TASK ORDER:
Name:
Title:
Address:
E-Mail
Address:
Phone:
Date:
Engineer's
License or Firm's
Certificate No. (if required): 94904
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
Address:
mhill@unintech.com
Phone:
210-641-6003
Date:
7-24-2025
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 6
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its use or modification. This document should be adapted to the particular circumstances of
the specific Agreement between Owner and Engineer, and the controlling Laws and Regulations.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, is
published in four parts: (1) the Main Agreement (general provisions governing all Task Orders); (2) Exhibits
to Main Agreement; (3) the Task Order Form; and (4) the Exhibits to Task Order (see below). The 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
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright" 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Copyright° 2020
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.ori;
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.or�
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
mw.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations
listed above. The National Society of Professional Engineers is the Copyright Administrator for
the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
The use of this document is governed by the terms of the License Agreement for the 2020
EJCDC® Engineering Series Documents.
NOTE: EJCDC publications may be purchased at 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
EXHIBITA-ENGINEER'S SERVICES UNDER TASK ORDER
EXHIBIT B-TASK ORDER DELIVERABLES SCHEDULE
EXHIBIT C-RESERVED
EXHIBIT D-DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE UNDER TASK ORDER
EXHIBIT E-EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM)
EXHIBIT F-RESERVED
EXHIBIT G-RESERVED
EXHIBIT H-RESERVED
EXHIBIT I -RESERVED
Exhibits to Task Order.
EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1
EXHIBIT A —ENGINEER'S SERVICES UNDER TASK ORDER
Exhibit A Table of Contents
Article1— 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.....................................................................................................................13
1.06
Construction Phase............................................................................................................................14
1.07
Post -Construction Phase...................................................................................................................21
Article 2— ADDITIONAL SERVICES......................................................................................................................22
2.01
Additional Services Not Requiring Owner's Written Authorization..................................................22
2.02
Additional Services Requiring Owner's Written Authorization.........................................................23
I.
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) [List the specific potential solutions to be studied and evaluated here].
b. If Owner has not identified specific potential solutions for study and evaluation,
then assist Owner in determining whether Owner's requirements, and available
data, reports, plans, and evaluations, point to a single potential solution for
Engineer's study and evaluation, or are such that it will be necessary for Engineer
to identify, study, and evaluate multiple potential solutions.
If it is necessary for Engineer to identify, study, and evaluate multiple potential
solutions, then identify two (2) alternative solutions potentially available to Owner,
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
unless Owner and Engineer mutually agree that some other specific number of
alternatives should be identified, studied, and evaluated.
2. Identify potential solution(s) to meet Owner's Specific Project requirements, as needed.
3. Study and evaluate the potential solution(s) to meet Owner's Specific Project
requirements.
4. Visit the Site, or potential Specific Project sites, to review existing conditions and
facilities, unless such visits are not necessary or applicable to meeting the objectives of
the Study and Report Phase.
5. Assess initially available Specific Project information and data, including the Baseline
Information set forth at the beginning of this Exhibit A.
6. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to
Engineer additional Specific Project -related information and data, for Engineer's use in
the study and evaluation of potential solution(s) to Owner's Specific Project
requirements, and preparation of a related report.
7. After consultation with Owner, recommend the solution(s) which in Engineer's
judgment meet Owner's requirements for the Specific Project.
8. Identify, consult with, and analyze requirements of authorities having jurisdiction to
permit or approve construction or operation of the portions of the Specific Project to be
designed or specified by Engineer, including but not limited to impacts and mitigating
measures identified in previously prepared environmental assessments for the Specific
Project provided to the Engineer or being concurrently prepared for Owner by others.
9. Advise the Owner of any need for Owner to provide data or services of the types
described in Article 2 of the Agreement, for use in Specific Project design, or in
preparation for Contractor selection and construction.
10. Assist Owner in evaluating the possible use of building information modeling; civil
integrated management; geotechnical baselining of subsurface conditions at the Site;
innovative design, contracting, or procurement strategies; project delivery method; or
other strategies, technologies, or techniques for assisting in the design, construction,
and operation of Owner's facilities. The subject matter of this paragraph will be referred
to in Exhibit A as "Specific Project Strategies, Technologies, and Techniques."
11. Assist Owner in identifying opportunities for enhancing the sustainability of the Specific
Project, and pursuant to Owner's instructions, plan for the inclusion of sustainable
features in the design.
12. Review with Owner the thresholds established in applicable codes, standards, and
design criteria specifically governing the ability of the proposed facilities or
improvements to perform, and to absorb or avoid damage without suffering complete
or substantial failure. As part of the review, identify additional risk assessment studies
or tools that are available to evaluate the susceptibility of the facilities or improvements
to natural and man-made events beyond the applicable established thresholds. Upon
Owner request, as an additional service, perform additional risk assessment studies or
tools to further evaluate system resiliency beyond the applicable established
thresholds.
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
13. Utilities, including Underground Facilities
a. Review any utility mapping and surveys and other utilities documentation made
available by Owner. Take note of observable utilities during Site visit.
b. Identify, in a preliminary manner and to the extent determinable by such mapping
or other information provided by Owner, and by observations at the Site, those
utilities (whether above -ground utilities of any type, or Underground Facilities)
likely to be affected by the Specific Project construction and additional utility
facilities or extensions that will be needed to serve the Specific Project.
C. If the impact on existing utilities or the need for additional utility facilities or
extensions cannot reasonably be determined in a preliminary manner from
mapping or other information provided by Owner, or such information was not
available from Owner, then assist Owner in evaluating the need to either obtain
additional utility mapping and utility documentation during the Study and Report
Phase, or undertake other alternative approaches and contingencies to account for
utility uncertainties in this phase.
d. Advise Owner of additional utility documentation and coordination needed during
the design and construction phases to adequately assess, mitigate, and manage the
impact of the Specific Project (including any additional utility facilities or extensions
needed to serve the Specific Project) on existing utilities.
e. Use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data" as a means to advise the Owner regarding the extent and
identification and mapping of existing Underground Facilities during the design and
construction phases.
1) If Owner has retained a land surveyor, utility engineer, or utility consultant,
collaborate with such individuals or entities regarding the application of
ASCE 38.
14. Inquire regarding survey methodologies and technologies that would aid in addressing
Owner's Specific Project requirements. Develop a scope of work and survey limits for
any topographic and other surveys necessary for design. For recommended survey
deliverables, specify a) required technical specifications; b) pertinent datum; c) survey
limits, and d) formats of deliverables. Collaborate with land surveyor, when separately
retained by Owner or third party, to develop such scope of work.
15. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts,
sketches, and conceptual design criteria with appropriate exhibits to indicate the
agreed -to requirements, considerations involved, and Engineer's recommended
solution(s).
a. For each recommended solution, Engineer will separately tabulate Total Project
Cost, itemizing those items and services included within the definition of Total
Project Costs.
b. Engineer will meet with Owner to discuss the draft Report and receive Owner's
comments.
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,
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Page 3 of 26
16. Perform or provide the following other Study and Report Phase tasks or deliverables:
a. Environmental Constraints Analysis
b. Aerial drone survey and point cloud acquisition
c. Electrical Site Investigation
d. Two options for Tank location
e. Two options for Access street
f. Identify permitting
17. Furnish the Report and any other Study and Report 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 Study and Report Phase deliverables in response to
Owner's comments, as appropriate, and submit revised deliverables pursuant to the
Deliverables Schedule.
B. Engineer's services under the Study and Report Phase will be considered complete on the
date when Engineer has delivered to Owner the final Report (as revised) and any other Study
and Report Phase deliverables.
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.
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 4 of 26
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
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.
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
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.
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.
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
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.
b. Update the Underground Facilities Procedure as necessary for any Underground
Utilities conflicts and relocations.
c. Working together with Owner, jointly identify which specific parties or other
entities will be responsible for implementation of the various specific parts of the
Underground Facilities Procedure (including those parts that address resolution of
Underground Facilities conflicts), and for resolution of above -ground utilities
conflicts. Such identification will take into account Owner's authority and standing,
as owner of the Site, with respect to Underground Facilities and above -ground
utilities.
1) To the extent that Owner and Engineer agree that in addition to performing
the design -related obligations set forth in Exhibit A Paragraphs 1.03.B.8 and 9,
Engineer will also implement any non -design part of the Underground
Facilities Procedure (including resolution of Underground Facilities conflicts),
or undertake resolution of above -ground utilities conflicts, such additional
duties will be Additional Services under Article 2 of this Exhibit A.
11. Surveys, Topographic Mapping, and Utility Documentation
a. Coordinate with Owner's utility engineer, utility consultant, or land surveyor for
the necessary field surveys, topographic mapping, and utility documentation
required for Engineer's design purposes, or by the Underground Facilities
Procedure.
b. If no scope of work and procedure for utility documentation has been established,
selected, or authorized, then at a minimum Engineer will contact utility owners and
obtain available information. Except as otherwise provided in this Agreement,
Owner acknowledges that the information gathered from utility owners may be
incorrect, incomplete, outdated, or otherwise flawed, and as to Engineer, bidders,
and Contractor, the Owner accepts all associated risks. Owner reserves all
associated rights as to recourse against the sources of such flawed information and
against third parties.
12. Prepare initial draft of a comprehensive permit document that identifies Owner's permit
duties, Engineer's permit duties, and Contractor's permit duties, and the schedule for
permitting activities.
13. Continue to assist Owner with Specific Project Strategies, Technologies, and Techniques
that Owner has chosen to implement in Exhibit A Paragraph 1.03.A.
14. Obtain Owner's instructions regarding Owner's procurement of construction services
(including iR5tFUC-tieRS ^..,frog advenisements feF 16616, instructions to bidders, and
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
requests for proposals, as applicable), Owner's construction contract practices and
requirements, insurance and bonding requirements, electronic transmittals during
construction, and other information necessary for the finalization of Owner's
Bidding/Proposal Documents and Front -End Construction Contract Documents.
a. Also obtain copies of Owner's standard Bidding/Proposal Documents and Front -
End Construction Contract Documents (if ether thammodified version of the EJCDC
2918 Construction Series documents), and any other related documents or content
for Engineer to include in drafts of the Specific Project -specific Bidding/Proposal
Documents and Front -End Construction Contract Documents, when applicable.
b. Review Owner's instructions regarding procurement, bidding and contracting of
construction services with respect to effects on the Specific Project design,
schedule and construction and address as needed in the Preliminary Design Phase
deliverables.
15. Prepare the Preliminary Design Phase Report. This Report will consist of, as appropriate,
separate or combined submittals in whole or summary, the Preliminary Design Phase
documents listed in Exhibit A Paragraph 1.03.B.4, and Engineer's findings and
recommendations for advancing the Specific Project to the Final Design Phase (including
Engineer's findings and recommendations, if any, regarding permitting, utilities, and
Underground Facilities). The submittal will be in the format of a report, or otherwise
organized and assembled for ease and practicality of use.
a. Based on the information contained in the Preliminary Design Phase documents,
prepare a revised opinion of probable Construction Cost, and on the basis of
information furnished by Owner, assist Owner in tabulating the various cost
categories which comprise Total Project Costs.
b. Engineer will meet with Owner to discuss the draft Preliminary Design Phase
submittal and receive Owner's comments.
16. Perform or provide the following other Preliminary Design Phase tasks or deliverables:
a. Topographic Survey: Establish primary control for the length of the project.
Provide survey quality level C utility locates, develop an existing conditions model
for the width of the anticipated right of way
b. Roadway Design: Provide typical existing and proposed roadway sections
following City of Schertz Design Criteria. Establish a proposed roadway horizontal
and vertical profiles. Provide plan and profile for the street at a 1:20 scale on
22"x34" plan sheets. Provide cross sections of the proposed roadway at 50-foot
per City design criteria. Provide a summary of driveway improvements.
c. Drainage Design: Provide a drainage area map and model existing and proposed
hydrology per the city design criteria.
d. Utility Design: Coordinate with non- City maintained utilities located within the
construction limits. Provide plans and profiles, as appropriate, for replacement
of existing water main and existing sewer main.
e. Temporary Traffic Control Design: Provide Preliminary plans for construction
phasing, traffic control sections and construction phasing layout.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 26
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
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.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright* 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 26
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.
- t9mg] Final Desggi; DhaS .draft of III n. ,. and Specifications a d,dresrir... Qwner
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.
When Engineer is required to use other than the 2018 EJCDC Construction Documents,
then as required in the Preliminary Design Phase Owner will furnish to Engineer a copy
of the required documents to be used for the Specific Project's Bidding/Proposal
Documents and Front -End Construction Contract Documents. Prior to the first Final
Design Phase submittal, Engineer will review the bidding and contracting documents
furnished by Owner and provide comments to Owner. Engineer will meet with Owner
to discuss Engineer's comments. Owner will consider Engineer's recommendations to
revise Owner's documents for the Specific Project.
Engineer will furnish to Owner, for review by Owner's legal counsel, the draft
Bidding/Proposal Documents and Front -End Construction Contract Documents. Owner
and Owner's legal counsel must transmit to Engineer, in a timely manner, one
coordinated set of comments and revisions to the draft documents.
E. During the Final Design Phase the Engineer shall continue to account for above -ground
utilities and Underground Facilities as the design advances and is finalized. This may include:
1. performing the services assigned to Engineer under the Underground Facilities
Procedure described in Exhibit A Paragraph 1.03 above, including but not limited to the
design -related tasks in Exhibit A Paragraph 1.03.6.9.
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.
Copyrightc 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 26
2. addressing required and proposed activities or mitigations identified in the analysis of
utilities and by the Underground Facilities Procedure as having an impact on the final
design, and considering such in preparing the Drawings and Specifications.
F. Engineer shall perform or furnish the following other Final Design Phase services:
1. Visit the Site as needed to assist in preparing the final Drawings and Specifications.
2. Assist with or prepare applications for permits and approvals, as follows:
a. Update comprehensive permit document created in Preliminary Design Phase for
Final Design detail.
b. Prepare the following applications for Owner's submittal to authorities having
jurisdiction over the construction or operation of the Specific Project:
1) Texas Department of Licensing and Regulation for ADA Compliance and
permitting if the monetary amount of pedestrian improvements exceeds
$50,000.
c. Confer with Owner regarding revisions, if any, to the application(s), and make
appropriate revisions to the application(s) for Owner's resubmittal to the authority
having jurisdiction.
d. Provide technical criteria, written descriptions, and design data for Owner's use in
filing applications for permits from or approvals of the authorities having
jurisdiction listed above, including applications for review or approval of the final
design.
e. Identify and indicate in the Construction Contract Documents the permits and
approvals for which Contractor will be responsible, including work permits, building
permits, and other permits and approvals that will be Contractor's responsibility;
and, in addition, indicate those permits initially obtained by Owner for which
Contractor will be a co-permittee, together with associated requirements.
f. Unless expressly indicated otherwise, Engineer's scope and budget includes
attending one meeting or conference call with each permit and approval -issuing
agency to discuss the Specific Project and receive the agency's comments on the
application.
g. Engineer does not guarantee issuance of any required permit or approval.
h. Fees charged by authorities having jurisdiction for such permits or approvals are
the responsibility of Owner.
3. Advise Owner of any recommended adjustments to the opinion of probable
Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost
with the interim and final deliverables of the Drawings and Specifications.
4. After consultation with Owner, include in the Front -End Construction Contract
Documents any Electronic Document Protocol addressing specific protocols for the
transmittal of Specific Project -related correspondence, documents, text, data,
drawings, information, and graphics, in electronic media or digital format, either
directly, or through access to a secure Specific Project website.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright' 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 26
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:
First draft design review meeting at Owner's office.
d-b_Engineer will prepare and distribute minutes of each such meeting and conference
call, indicating attendees, topics discussed, decisions made, and action items for
follow-up.
8. Perform or provide the following other Final Design Phase activities or deliverables:
Roadway Design: Provide typical existing and proposed roadway sections
following City of Schertz Design Criteria. Establish a proposed roadway horizontal
and vertical profiles. Provide plan and profile for the street at a 1:20 scale on
22"x34" plan sheets. Provide cross sections of the proposed roadway at 50-foot
per City design criteria. Provide a summary of driveway improvements.
b. Drainage Design: Provide a drainage area map and model existing and proposed
hydrology per the city design criteria.
c. Utility Design: Coordinate with non- City maintained utilities located within the
construction limits. Provide plans and profiles, as appropriate, for replacement
of existing water main sewer main.
d. Temporary Traffic Control Design: Provide Preliminary plans for construction
phasing, traffic control sections and construction phasing layout. Provide a traffic
detour layout and barricade plan
e. Pavement Marking Plans: Provide pavement marking plans compliant with local
and state standards.
f. SWPPP- Provide an erosion control plan, narrative, and appropriate details for
facilitate the submittal of a Notice of Intent by the contractor.
g. Provide a tree mitigation plans for the removal of existing trees, as applicable.
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 1.04.6.3 above); assembled drafts of
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 12 of 26
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
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.
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
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.
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 —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 14 of 26
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: [Delete ec edit as applicable to the Sp GIAG R. etl EngiReeF and Resident
PFejeet RepiceseRtative (of any) will be based- in _a field effirCe _;# the Site. The field effiee
furnishings, all FequiFed temporary utilities (including inteFnet seFViC-e) and far=ilitieS, and
he See -Wed fec re,.i.,eer's (anal RDR's) exelu si„e . e.Deleted
3.
EngiReer and to PFOVa merez*tens+ve^f C� tTTGCGI'Trrvric—Duties,
ibilities
i
surCh i ees Rat t, extend, EIF fy i
RRR niarywcac ..nder the c cifie Task Arde. then .delete Chic Paragraph 3 by i.. ening
the 4AFar-d «DCI STED" afte. the p ph titlei do no% inelu de r-whihit D a an exhibit
to the c cifin Task A..de and .de not i cl...de RRR s ..tie R Para
ph 7 of the
Exhibit cne..ifi.. Tack 0"e'eYDeleted4
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
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
version of the Construction Contract Documents available to Contractor and Owner for
review.
8. Schedules: Receive, review, and, and, subject to the criteria of the Construction
Contract, determine the acceptability of any and all schedules that Contractor is
required to submit to Engineer, including the progress schedule, schedule of submittals,
and schedule of values. Advise Contractor in writing of Engineer's comments or
acceptance of schedules.
a. Schedules will be acceptable to Engineer as to form and substance:
1) Progress Schedule: if it provides an orderly progression of the Work to
completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling,
or progress of the Work, nor interfere with or relieve Contractor from
Contractor's full responsibility therefor.
2) Contractor's Schedule of Submittals: if it provides a workable arrangement for
reviewing and processing the required Submittals.
3) Contractor's Schedule of Values: if it provides a reasonable allocation of the
Contract Price to the component parts of the Work.
9. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for
locating the Work which in Engineer's judgment are necessary to enable Contractor to
proceed.
10. Permits: Provide Owner with copies of technical information and supporting data
previously obtained or developed by Engineer for Owner's use, or for Owner to provide
to Contractor, in obtaining required permits and licenses delegated to Contractor by
Owner.
11. Visits to Site and Observation of Construction: In connection with observations of
Contractor's Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of the Work,
as Engineer deems necessary, to observe as an experienced and qualified design
professional, the progress of Contractor's executed Work. Such visits and
observations by Engineer, including its RPR, if any, are not intended to be
exhaustive or to extend to every aspect of the Work or to involve detailed
inspections of the Work beyond the responsibilities specifically assigned to
Engineer in this Agreement and the Construction Contract Documents, but rather
are to be limited to spot checking, selective sampling, and similar methods of
general observation of the Work based on Engineer's exercise of professional
judgment, as assisted by its RPR, if any. Based on information obtained during such
visits and observations, Engineer will determine in general if the Work is
proceeding in accordance with the Construction Contract Documents, and
Engineer shall keep Owner informed of the progress of the Work. Engineer will
make a report of Engineer's visit, summarizing Engineer's general observations and
any significant findings.
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
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
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.
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
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
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
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright' 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 18 of 26
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.
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).
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
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
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;
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 20 of 26
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
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.
2. Together with Owner, visit the Specific Project within one month before the end of the
Construction Contract's correction period to ascertain whether any portion of the Work
or the repair of any damage to the Site or adjacent areas is defective and therefore
subject to correction by Contractor.
3. Perform or provide the following other Post -Construction Phase tasks or deliverables:
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
a. Prepare a plan of record based on Contractor redlines approved by the City
Inspector.
B. The Post -Construction Phase services may commence during the Construction Phase and, if
not otherwise modified in this Exhibit A, will terminate 12 months after the commencement
of the Construction Contract's correction period.
ARTICLE 2—ADDITIONAL SERVICES
2.01 Additional Services Not Requiring Owner's Written Authorization
A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the
Additional Services of the types listed below. For such Additional Services, Engineer need not
request or obtain specific advance written authorization from Owner. Engineer shall cease
performing or furnishing such Additional Services upon receipt of written notice to cease
from Owner. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Paragraph 7 of the governing Task Order.
1. Substantive design and other technical services in connection with Work Change
Directives, Change Proposals, and Change Orders to reflect changes requested by
Owner.
2. Services essential to the orderly progress of the Bidding/Proposal and Construction
Phases and not wholly quantifiable prior to those Phases or otherwise dependent on
the actions of prospective individual bidders or contractors and including:
a. making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than "or equal" items;
b. services 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.
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 22 of 26
5. Implement coordination of Engineer's services with other parts of the Specific Project
that are not planned or designed by Engineer or its Subconsultants, unless Owner
furnished to Engineer substantive information about such other parts of the Specific
Project prior to the parties' entry into this Agreement, in the Baseline Information
section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has
been so provided, coordination of Engineer's services will be part of Basic Services.
6. Implement the specific parts of an Underground Facilities Procedure that are assigned
to Engineer, or above -ground utilities tasks that are assigned to Engineer as the Specific
Project progresses (but not including the design -related services already assigned to
Engineer as a Basic Service).
7. Services (other than Basic Services during the Post -Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.
8. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFIs, Change Proposals, or demands.
9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.
10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or
Contractor's safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by federal, State, or local
safety authorities for similar construction sites.
11. To the extent the Specific Project is subject to Laws and Regulations governing public or
government records disclosure or non -disclosure, Engineer will comply with provisions
applicable to Engineer, and Owner will compensate Engineer as Additional Services for
Engineer's costs to comply with any disclosure or non -disclosure obligations beyond
those identified in the Basic Services.
12. Services directly attributable to changes in Engineer's Electronic Documents obligations
after the effective date of the Agreement.
2.02 Additional Services Requiring Owner's Written Authorization
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types
listed below. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Paragraph 7 of the governing Task Order.
1. Obtain or provide specified additional Specific Project -related information and data to
enable Engineer to complete its Basic and Additional Services.
2. Preparation of special and customized reporting, invoicing, and related support
documentation in addition to that identified to be provided under Basic Services.
3. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Specific Project; preparation or review of environmental
assessments and impact statements; review and evaluation of the effects on the design
requirements for the Specific Project of any such statements and documents prepared
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 23 of 26
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.
S. Services resulting from significant changes in the scope, extent, or character of the
portions of the Specific Project designed or specified by Engineer, or the Specific
Project's design requirements, including, but not limited to, changes in size, complexity,
Owner's schedule, character of construction, or method of financing; and revising
previously accepted studies, reports, Drawings, Specifications, or Construction Contract
Documents when such revisions are required by changes in Laws and Regulations
enacted subsequent to the Effective Date or are due to any other causes beyond
Engineer's control.
6. Services resulting from Owner's request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1.
7. Services required as a result of Owner's providing incomplete or incorrect Specific
Project information to Engineer.
S. Providing renderings or models for Owner's use, including development, management,
and other services in support of building information modeling or civil integrated
management.
9. Undertaking investigations and studies including, but not limited to:
a. All -hazards risk assessments and other studies to evaluate the feasibility of
enhancing the resiliency of the design;
b. detailed consideration of operations, maintenance, and overhead expenses;
c. the preparation of feasibility studies (such as those that include projections of
output capacity, utility project rates, project market demand, or project revenues)
and cash flow analyses, provided that such services are based on the engineering
and technical aspects of the Specific Project, and do not include rendering advice
regarding municipal financial products or the issuance of municipal securities;
d. preparation of appraisals;
e. with respect to proprietary systems or processes requiring licensing, providing
services necessary to assist Owner in obtaining such licensing.
f. detailed quantity surveys of materials, equipment, and labor; and
g. audits or inventories required in connection with construction performed or
furnished by Owner.
10. Furnishing services of Subconsultants or Engineer's Subcontractors for other than Basic
Services.
11. Providing data or services of the types described in Article 2, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.
12. Providing the following services:
Exhibit A —Engineers 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 24 of 26
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,
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.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 25 of 26
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.B.9; any type of property surveys
or related engineering services needed for the transfer of interests in real property;
providing construction and property surveys to replace reference points or property
monuments lost or destroyed during construction; and providing other special field
surveys.
31. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.
32. Extensive services required during any correction period, or with respect to monitoring
Contractor's compliance with warranties and guarantees called for in the Construction
Contract (except as agreed to under Basic Services).
33. Other additional services performed or furnished by Engineer not otherwise provided
for in this Agreement.
Exhibit A —Engineer's Services Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 26 of 26
EXHIBIT B—TASK ORDER DELIVERABLES SCHEDULE
Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Main Agreement are supplemented by the following
paragraph and table.
Under the governing Task Order the Engineer shall furnish Documents to Owner as required in Column 2
of the following table (and as further described in Exhibit A), according to the schedule in Column 4.
Owner shall comment or take other identified actions with respect to the Documents as indicated in
Column 2 (and as further described in Exhibit A), according to the schedule in Column 4.
Party
Action
Exhibit A
Schedule
Reference
Engineer
Submit one (1) review copies of the
1.03.B.17
Within 70 days of Owner's authorization to
Preliminary Design Report, opinion
proceed with Preliminary Design Phase
of probable Construction Cost, and
services.
other Preliminary Design Phase
deliverables to Owner.
1.03.B.18
Within 15 days of the receipt from Engineer of
Owner Submit comments regarding
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 (i) 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 30 days of Owner's authorization to
Design Phase draft of Drawings and
proceed with Final Design Phase services.
Specifications to Owner.
_
Owner Submit comments and instructions 1.04.B.1
Within 15 days of the receipt of the first final
regarding the first Final Design Phase
Design Phase drafts of Drawings and
draft of Drawings and Specifications
Specifications from Engineer.
to Engineer.
Engineer
Submit one (1) copies of the final,
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 1 Exhibit A
Reference
Engineer Submit to Owner:
One (1) copies of the revised final,
completed, pricing -ready and
construction -ready Drawings and
Specifications; and
One (1) copies of assembled
Bidding/Proposal and Front -End
Construction Contract Documents,
and any other Final Design Phase
deliverables.
1.04.G.2;
1.04.G.3
Schedule T
Within 15 days of receipt of Owner's final
comments and instructions regarding the
regarding the final, completed, pricing -ready
and construction -ready Drawings and
Specifications, the Bidding/Proposal and
Front -End 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.
Paragraph 1.05.A.9.a to Owner.
Exhibit B—Task Order Deliverables Schedule.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
EXHIBIT C—RESERVED
Guidance Notes —Exhibit C
1. See Exhibit C—Amendment to Main Agreement, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit C—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
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
...
...
otitrmr
...
FW
Jill
N7.
N7.
'W:
I Wi -
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 1 of 5
...
. -- .r.Rs iicr_s�isrtt a :!ems F� _
MR.w
��r��r,�w�rrrrrr.ra
�Y
-�xaw�r�wwrwwww�..
rtrw��w�w�wi��w
W. AWII
...
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
i
vvcvrrre: Atr.
Mr."MEWIMMM"Ef.M. WW".
I I
I MIN NOW WON
•
•
•
r
•
■ i.
■
■.
■
■
Sate -69nditae , I
Exhibit D—Duties, Responsibilities, and limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC■ E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 5
d. ReeE)Fd and {`K aintciint?E6t}r'cate,
date Iis+s, .,f the
up
cempany RaFnes and p i#s
of contact fer Irentraeters, SUI9GentKaLA9Fs,—a,,;
major Supp;iersfmatelzials-e„u
MR-PSWERF-TRE41 M..
..
13. Payment Requests: Review appikeations fOF
with Genticare-teir fleF r=empimanGe
payment
_
w.Ath +hestablishedbrAi
fer their
se,�TT�Tss; .J
,.ic.. < --,�rese�are
resemmend-atiens to €ngineer, netiRg
�anQ—fer�vard w+th
the the
paFti..6lI@FIY
Felat*G Shi.•, of
payment
de"ve.red at the Site h +,..d +h.,
Wnrk
�T 7Tlel�LTC'f'IVRfTGVI'peT�CCQ;TrRR17'GTir
I . .
1 I \
\IMMTIT
1
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC° E-50S, 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
Omitted
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
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)
NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018)
Owner:
Owner's Project No..
Engineer:
Engineer's Project No.:
Contractor:
Contractor's Project No.:
Project:
Contract Name:
Notice Date:
Effective Date of the Construction Contract:
The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment
to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract
is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents
("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services
dated [date of professional services agreement] ("Owner -Engineer Agreement"). This Notice of
Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which
all who receive and rely on said Notice agree:
1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering
profession practicing under similar conditions at the same time and in the same locality.
2. This Notice reflects and is an expression of the Engineer's professional opinion.
3. This Notice has been prepared to the best of Engineer's knowledge, information, and belief as of the
Notice Date.
4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been
employed by Owner to perform or furnish during construction of the Project (including observation
of the Contractor's Work) under the Owner -Engineer Agreement, and applies only to facts that are
within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of
carrying out the responsibilities specifically assigned to Engineer under such Owner -Engineer
Agreement.
5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction
Contract, an acceptance of Work that is not in accordance with the Contract Documents, including
but not limited to defective Work discovered after final inspection, nor an assumption of
responsibility for any failure of Contractor to furnish and perform the Work thereunder in
accordance with the Contract Documents, or to otherwise comply with the Contract Documents or
the terms of any special guarantees specified therein.
6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract,
and is subject to Owner's reservations of rights with respect to completion and final payment.
Engineer
By (signature):
Name (printed):
Title:
Exhibit E—Notice of Acceptability of Work.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT F—RESERVED
Guidance Notes —Exhibit F
1. See Exhibit F—Electronic Documents Protocol (EDP), in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit F—Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page i 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 1 of 1
EXHIBIT I —RESERVED
Guidance Notes —Exhibit I
See Exhibit I —Limitations of Liability, in E-505 Part 2 of 4: Exhibits to Main Agreement.
Exhibit I —Reserved.
Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
City of Schertz
PROJECT WORK PLAN AND FEE PROPOSAL BREAKDOWN
Project: IH 35 Ground StorageTank
Prime Consult UNINTECH CONSULTING ENGINEERS, INC.
Subconsultant:
Proposal Date 7/28/2025
Prepared By: Marls B Hill, PE
Project Manger Project EIT CAD Tech
Engineer
$220.00 $185.00 $125.00 $96.00
TASK CODE AND DESCRIPTION HOURS I HOURS I HOURS I HOURS HOURS -^ � r - FEEI
1.01
Project Administration (includes but not limited to invoicing, sub
4
consultants management, document management;
1.02
Scoping Meeting/Pre development meeting with City Staff
4
4
1.03
Site Visit
2
1.04
Coordination with Stakeholder/jurisdictional authorities
_2
4
1.05
Review any utility mapping and surveys and other utilities
_2-
2
2
documentation
1.06
Prelminary Utility Conflict Matrix
2
4
1.07
Identify,permitting (platting, site plans, TCEQ) requirements
_
2
8
1.08
Develop and Maintain Project Schedules
2
1.09
Hydraulic analysis- reliminary pump sizing
8
16
1.10
Aerial drone survey and point cloud acquisition
1.11
Environmental Constraints Analysis
1.12
Site Layout (two options for tank site)
8
16 24
1.13
Off -site street improvements Layout (two options)
8
16 24
1.14
Electrical Site Investigation
1.15
Structural _
1.16
Prepare Report
8
8 16
1.17
QA/QC - Intemal/3d Party
4
1.18
Review Meetine with Citv fincl. areoare exhibit. minutesl
2
2
2.01 Project Administration (includes but not limited to invoicing, sub
consultants management, document mama ement.
2.02 General Stake Holder Coordination (TXDOT, Muncipalities, Utilities)
2.03
General Environmental Coordination - TCEQ
2
8
2.04
Design Topographic survey of the tracts with the existing
elevated tank
2.05
Design Topographic survey, of the proposed road
2.06
Boundary Survey and Platting. of City Owned properly
2.07
Tree Survey _
2.08
Existing Conditions Model (Planimetricsfrapography)(3 site}
16
40
40
2.09
Geotechnlcal SaMgllpg and report jTerracont
_
2.10
Preliminary Construction Plans - Front End Docs
12
_
24 ^
24
2.11
Preliminary Construction Plans - Site Plan
24
48
48
2.12
Preliminary Construction Plans - Site Pump /Plant Pi$ind
12
48
48
2.13
Preliminary Constructton Plans -Site Pump Details
8
16
16
2.14
Preliminary Construction Plans - Site Tank Layout
12
24
48
2.15
PreliminaryConstruciton Plans - Site Tank Details
4
8
8
2.16
Preliminary Construction Plans - Site Detention Pond
8
16
16
2.17
Preliminary Construction Plans - Site Grading Plans
24
48
48
_ 2.18
Preliminary Construction Plans - Site SWPPP
4
8
_
8
2.19
Preliminary Construction Plans - Traffic Control Plans
4
8
8
2.20
Preliminary Construction Plans - Street Plans and Profiles
_ _ 20
40
80
2.21
Preliminary Construction Plans - Drainage Area Mails
4
16
2.22
Preliminary Construction Plans - SWPPP - Road
_ _
8
16
16
2.23
Preliminary Construction Plans - Landscape Plans
4
8
16
2.24
Prelminary Utility Conflict Map/Matrix/SUE Request Map _ _
4
8
2.25
Preliminary Plat - Engineering
24
40
40
2.26
Structural Design
2.27
Electrical Design
2.28
Design Report - Preliminary Design Phase
16
16
2.29
_ _ _
Design Report analysis - Hydrology
8
16
16
2.30
_Desgn Report analysis - Hydraulic - Pump Design
16
16
2.31
Design Report analysis - Storm Drain/Detention
8
16
16
_ 2.32
Quantity Take -off and Estimate
8
16
16
2.33
QA/QC - Intemal/3d Party
16
2.34
Review Meeting with City (incl. prepare exhibit, minutes)
2 2
2.35
Resoonse to Citv Comments
2
8
4
6
10
24
0
8
$1,760.00
10
$1,370.00
10
$1,370.00
0
$15,318.00
0
$6,590.00
0
$5,000.00
0
$3,000.00
96
$11,800.00
_
$30,200.00
60
$7,524.00
120
$15,048.00
108
$12,828.00
40
$5,016.00
84
$9,828.00
20
$2,508.06
40
$5,016.00
120
$1J_048.00
_ 20
$2,508.00
20
$2,508.00
140
$16.380.00
12
104
0
0
32
40
32
40 _
40
16
$810.00
3.01 Project Administration (includes but not limited to invoicing, sub
8
consultants management, document management. y 8 $1,760.00
3.02 General Stake Holder Coordination (TXDOT, Muncipalities, Utilities) 1 1 $185.00
3.03 General Environmental Coordination - TCEQ 1 1 $185.00
3.04 Final Construction Plans - Front End Docs 4 8 8 20 $2,508.00
3.05
Final Construction Plans - Site Plan
12
32
48
92
$10,828.00
3.06
Final Construction Plans - Site Grading
8
16
32
56
$6,552.00
3.07
Final Construction Plans - Site Tank
8
16
32
56
$6,552.00
3.08
3.09
3.10
3.11
Final Construction Plans - Site Lump/Plant Piping _
Final Construction Plans - Site Details
Final Construction Plans - Drainage/Detention
Final Construction Plans - Site SWPPP
_
40
8
8
8
40
16
16
16
80
24
24
16
160
$20,080.00
48 _
48
$5,784.00
$5,784.00
40
40
220
12
40
$5,016.00
$5,016.00
_ $26,420.00
$1,740.00
$5,016.00
_
3.12 Final Construction Plans - Landscape Plans 8 16 16
3.13 Final Construction Plans - Street Plans and Profiles _ 40 60 120
3.14 Final Construction Plans - Drainage Area Maps 4 8
3.15
3.16
Final Construction Plans - SWPPP - Road
Finalize Utility Conflict Ma Matrix
8
1
_
16
4
16
5
$685.00
_ 3.17
3.18
Structural Final Design
Electrical Final Design
_ _
_ 48
$19,512.00
$47,080.00
$6,728.00
3.19
3.20
3.21
3.22
Final Design Report
Construction Contract Documents - Front End Documents
Construction Contract Documents - Special Provisions _
Construction Contract Documents - Special Specifications
16
8
8
8
24
16
24
24
8
24
32
32
$3,480.00
$4,480.00
$4,480.00
3.23
3.24
3.25
Quantify Takeoff and Estimate
QA/QC - IMemal/3d Party
Response to Owner Comments
16
_
8
8
16
16
16
16
40
$5,016.00
16
$3,520.00
40
4
$5,016.00
$810.00
3.26 _ Public Meeting and Exhibits 2
3.27
3.28
TXDOT Permits
TCEQ Permits
_2
4
4
_
8
8
12
$1,740.00
12
52
$1,740.00
$6,710.00
_
3.29 City Platting Final Plat 2 10 20 20
Bid Phase
9
40
48
16 0
113
24,316.00
4.01
4.02
Finalize Constructability Issues _
Final Construction Contract Documents/Plans
2
8
4
16
8
16
42
5,456.00
12
$1,740.00
4.03
Submit 100% Plans/ Signed and Sealed
1
2
3
4
$590.00
$810-00
4.04 Participate in Pre -Bid Meeting, 2 2
4.05
Respond to Contractor Questions
2
8
8
18
10
24
0
$2,920.00
$1,920.00
$3,480.00
$7,400.00
4.06 Prepare and Distribute Necessary Addenda 2 8
4.07 Prepare Bid Tabulation and Letter of Recommendation 8- 16
4.08 Electrical - response to RFI attend meetln s
Construction Phase
3
133
204
0 0
340
$ 99,143.06
5.01
Participate in Pre -Con meeting
3
3
6
D
$1,215.00
$1,932.00
_
5.02 Survey - Reestablish Project Control Points for Contractor Prior
to Construction
5.03
Survey - Establish 100-ft offset stakes for Access Road
0
$2,898.00
5.04
Review Shop Drawings
24
24
48
54
$7,440.00
$7,830.00
_
5.05 Review Contractor Pay Estimates 18 36
5.06
Respond to RR's'Iassumed 4j
8
16
24
$3,480.00
5.07
Review / Ne otiate Cha a Orders assumed 2
8
16
24
$3,480.00
5.08
Project Site Visits and Reports (Minimum One Per Month)(Assumed
18months)
40
80
120
48
$17,400.00
$7,440.00
5.09 Participate in Construction Progress Meetings and Prepare Meeting
Minutes 24 24
5.10
5.11
5.12
Final WalkthroyUh and Punchlist Review
Structural
Electrical
8
8
16
$2,480.00
$15 448.00
$28,100.00
Pro ect Closeout
2
20
16
0 0
40
$ 526.00
6.01
6.01
6.02
Asbullt Survey - set monitoring. control and BM
Prepare Record Drawings/O&M
Anniversary site vist with Owner
2
16
4
16
0
36
4
$1,900.00
$5,886.00
$740.00
TOTAL BASE FEE
76
734
1290
1068 0
3170
$710,068.00
Additional Services
0
0
0
0 01
0
$ 18,000.00
7.01
1 **SUE Level B (lump sum) [ROW estimated 100010
1
$18,000.00
TOTAL BASE FEE + ADDITIONAL SERVICES
76
734
1290
1068 01
3170
1 $728,068.00
PROFESSIONAL SERVICES FEE BREAKDOWN FOR
zC Project Name: Corbett Ground Storage Tank
z Date:712512025
L- Prepared by David Peralta, P.E. for City of Schertz
No.
Sheets
Principal
Project
Manager
Project EIT
Engineer
Technical Task
CARD Budget
$ 297.00
$ 220.00
$ 185.00 $ 125.00
$ 114.00
TASK
Sheets
HOURS TOTAL
Task 1 Study Phase
6
6
13
19
27
26 $ 14,496.00
6
2
3
1
6
13
19
27
26
$ 14,496.00
1.00 s Project Kick-off Meeting
1.10 s General notes, index, special inspections
2
2
2
5
7
10
$ 1,404.00
3
$ 3,600.00
$ 2,180.00
1.20 s Foundation Studies, Geotechnical report review
2
4
8
1.30 s Generator, Pump St, Canopy Foundation Layouts
1.40 s Foundation Details
4
5
7
9
$ 3,706.00
2
3
5
7
$ 2,418.00
1.50 s
$ -
1.60 s
1.70 s
1.80 s
1.90 s
QA/QC
END END
$
$ -
$ -
$
4
$ 1,188.00
$
Task 2 Preliminary Design Phase
2.1 General notes, index, special inspections
2.2 Generator, Pump St, Canopy Foundation Layouts
6
2
3
1
_
4_
9
3
4
13
5
5
19
7.
7
26
$ 10,912.00
$7 3,600.00
$ 3,706.00
10
9
2.3 Foundation Details
2
3
5
7
$ 2,418.00
2.4
$
2.5
$
2.6
2.7 - - -
-
$�F
$ -
2.8
$ -
2.9 QA/QC
x
4
$_ 1,188.00
$
END END
$ -
Task 3 Final Design Phase
6
2
3
4
21
3
4
2
12
29
5
43
26
$ 19,512.00
3.10 w General notes, index, special inspections 3)
7
10 $
3,600.00
3.20 w Generator, Pump St, Canopy Foundation Layouts
5
7
9 $
3,706.00
3.30 w Foundation Details
1
3
5
7 $
2,418.00
3.40 w Design Review of Ground Storage Tank
3.50 w
16
24
$
8,600.00
$
-
3.60 w
$
3.70 w
ko
$
$
-
3.80 w _
3.90w QA/QC
x
4
_
$
1,188.00
$
END END
$
Task 4 100% - Bid Phase
0
0
0
0
0
0
0
0
0
0
4.10 s _
4.20 s
4.30 s
4.40 s
4.80 s
END END
$
$
$
-
$ -
$ -
$
Task 5 Construction Phase
0
0
7
34
50
12 $ 15,448.00
0
0
7
34
50
12 $ 15,448.00
5.10 s Conformed Documents (Structural)
5.20 s Review Submittals
_2
4
4
8
16
12_ $ 3,548.00
$ 2,740.00
5.30 s Respond Request for Information (RFI)
1
4
4
$ 1,460.00
5.40 s Review requests for proposals / change orders
_
1
6
6
$ 2,080.00
5.50 s Project site visits & reports
16
16
$ 4,960.00
5.60 s Substantial /Final Walkthrough & Punchlist review
3
$ 660.00
5-70 s
5.80 s
-
$
x Close Out Phase
0
0
0
0
0
0 $ -
x
END END
0
a
0
0
0
0 S -
S -
Sul2plemental Services
o
o
0 1
0 1
0
0 $
SUB -TOTAL 8 20 1 63 1 77 1 38 1 $ 60,368.00
TIME & MATERIALS MAX. NOT TO EXCEED 6 1 20 1 53 1 77 1 38 1 $ 60,368.00
CLEARY1344 S. Flores, Suite 101
San Antonio, TX 78204
ZIMMERMANN P: 210.447.6100 1 TBPE No. F-9357
NGINET. E R S ClearyZimmermann.com
Proposal for Engineering Services
07/28/2025
Mr. Mark B. Hill, PE
Director/Share Holder, Civil Division
Unitech Consulting Engineers, Inc.
2431 E. Evans Road
San Antonio, Texas 78259
Mr. Hill,
As a registered professional engineering firm with licensed professional engineers who are proficient in
their practices, CLEARY ZIMMERMANN ENGINEERS, LLC ("CZ'J hereby proposes to serve as your creative
engineering partner for your building project. The details of your project as we understand them are
described hereafter (the "Project"), as well as the services we will provide as a consultant for the Project.
Project Details
Project Name
City of Schertz GST and Pump Station
Project Location
2320 Tulip St.
Schertz, TX 78108
Scope of Work
Construction Budget
N/A
Assessment Period / Schedule
TBD
Construction Period
N/A
The project scope is understood to consist of design for electrical study, power company coordination,
instrumentation, controls, SCADA and Communication for a new GST and pump station serving the City of
Schertz, Texas. The scope of work above includes the following detailed items:
o Preliminary investigative study.
o New electric service and respective coordination with utility.
o Electrical, controls and instrumentation for a ground storage tank and pump station
including 2-150 hp pumps.
o SCADA design for system.
o Emergency generator capable of running pumps and ancillary facility devices meeting
current ISO standards.
o Complete security system as required by owner including cameras, access control gate and
building.
o Radio Path Study (Paper and Physical Study) at both sending and receiving locations, if
required.
CLEARY
ZIMMERMANN
Proposal for Engineering Services I Page 2 of 5
o Area Lighting.
Basic Services
Fa-7-1
CZ shall provide design as listed in the Scope of Work section above.
Meetina,
Four 4 meetings (in -person or teleconference are included. The first meeting is intended to review the
study with the owner. The remaining three (3) meetings are intended to coincide with interim design
reviews, but may be utilized for review, coordination, budgeting, or any other assessment phase purpose.
Any other additional meetings will be billed on an hourly basis per the Hourly Rate Schedule.
Deliverables
One (1) set of preliminary documents at 30% and 60% and 100; and one (1) set of sealed drawings and
specifications upon completion. One (1) set of record drawings generated from contractor redline
drawings.
All deliverables will be in digital PDF format.
C,.,struction Administration
Submittals and Supplemental Information
During construction of the project, CZ will review the contractor's material and equipment submittals and
provide compliance comments; review and respond to RFI's; and prepare ASI's when necessary.
Site Visits
Four (4) project site visits are included for your use. Upon written request, CZ shall visit the project site to
observe the construction progress as compared to the contract schedule, and to make a general
assessment of performance as compared to the requirements in the construction documents. Findings will
be documented in a written Field Report and submitted to your team.
• Visits to observe and assess conditions prior to permanent concealment (burial, concrete
placement, wall cavities, hard ceilings) will be coincident to Regular Site Visits; if additional,
separately -scheduled standalone visits are necessary, such visits will be billed on an hourly basis
per the Hourly Rate Schedule.
Construction meetings will be coincident to Regular Site Visits; if additional separately -scheduled
standalone meetings are necessary, such meetings will be billed on an hourly basis per the Hourly Rate
Schedule.
Compensation for Services
CLEARY
�. ZIMMERMANN
Proposal for Engineering Services I Page 3 of 5
CZ's compensation for performing the services described herein will be on a flat, lump -sum basis by task
as follows:
BASIC SERVICES
Investigative Study $4,000
Preliminary Design $70,620
Final Design $47,080
Bidding $7,400
Construction Administration $28,100
Invoice Progression
Unless otherwise noted, CZ will invoice for services rendered per the following schedule:
SERVICES
Study Phase
Design Phase
Construction Administration
Services Not Included
Database creation
Agreement
SCHEDULE
Upon completion of each Deliverable milestone
Upon completion of each Deliverable milestone
20% upon completion of each Field Report delivered
Design associated with identified deficiencies
Excluding any services with strikethrough and initials in the Fees paragraph, I hereby accept this proposal
and enter into a binding agreement with CZ comprised of this Proposal for Engineering Services, the
attached Exhibit A, Hourly Rate Schedule, and the attached Exhibit B, Terms and Conditions.
Respectfully submitted,
By:
CONNER B. STURDIVANT, PE, PENG MARK B. HILL, PE (Date)
SENIOR ENGINEER DIRECTOR/SHAREHOLDER, CIVIL DIVISION
CLEARY ZIMMERMANN ENGINEERS, LLC UNITECH CONSULTING ENGINEERS, INC
O:\Proposals\MEP\UCE\PROP 2025-07-23 City of Schertz GST and Pump Station.docx
CLEARY
ZIMMERMANN
Proposal for Engineering Services I Page 4 of 5
Exhibit A - 2025 Hourly Rate Schedule
Division
Rate
Design Principal
$305
Electrical Engineer
$235
Mechanical Engineer
$230
Mechanical Designer
$185
Electrical Designer
$195
Plumbing Designer
$180
T
I Technology Designer
$185
Construction Inspector
$180
Modeling Technician
$145
Commissioning ( Principal
$305
Project Manager
$215
Mechanical Engineer
$230
Electrical Engineer
$235
Field Technician
$180
Administration Clerical $125
Accounting $185
Expenses Cost plus 10% unless otherwise noted
*Rates are subject to annual review.
CLEARY
ZIMMERMANN
E NGiNECR.
Exhibit B - Terms and Conditions
Work Authorization. Work will commence upon receipt of
the executed Proposal for Engineering Services, or upon
written direction to proceed with any of the proposed
services and with such authorization, Client agrees without
limitation to all provisions, terms, and conditions of the
Proposal for Engineering Services.
Invoicing and Payments. CZ may invoice Client for services
and reimbursable expenses monthly, at minimum, based on
work progress or on a schedule that is congruent with design
submissions. Client shall make payment in full within ten
days of receipt of payment from the owner in a
prime/consultant arrangement (pay when paid), or within
thirty days if CZ is contracted directly with the project owner.
Balances outstanding for forty-five (45) days or longer will be
subject to a fee due to CZ of one percent per month.
Liability Limitation. The total liability CZ and its
subconsultants bears to Client for any and all injuries, claims,
losses, expenses or damages whatsoever from cause or
causes, including negligence, errors or omissions, will not
exceed the total compensation to CZ; and CZ will not be
liable in any event for special, punitive, incidental, or
consequential damages.
Document Ownership. Drawings and documents produced
in any form, to include printed or digital media, are
instruments of service and are the property of CZ; such
instruments of service will not be changed, altered or used
for any purpose beyond the scope of this project without
written consent from CZ. Client agrees to indemnify CZ, its
employees and subconsultants from all claims, damages, and
losses arising from unauthorized use.
Cost Estimates. Any construction cost estimate prepared by
CZ is based on CZ's professional judgement and experience
and is intended to provide an order of magnitude frame of
reference. CZ does not warrant that any such cost estimate
will not vary from actual market conditions.
Construction Administration. Compensation for
construction administration services applies to construction
that is continuous, uninterrupted, and performed in
reasonable time with the same contractor and
subcontractors. CZ will be due additional compensation if
construction stops and demobilizes, and later starts again; or
if the contractor or a subcontractor is replaced.
Submittals. Failure of Client to provide equipment and
material submittals for review in a timely manner, to notify
Proposal for Engineering Services I Page 5 of 5
CZ of progress, or to request periodic inspections or site
visits will not relieve Client of the payment obligation for
construction administration services.
Professional Credit. CZ has the right to include
representations of the project design, including exterior and
interior photographs, functional details, and the name of the
owner in CZ's marketing materials, including our website,
promotional materials, and professional publications.
Successors and Assigns. Neither CZ nor the Client will
assign this Agreement or any right or cause of action arising
out of this Agreement or the performance of obligations
hereunder without the written consent of the other.
Termination. This Agreement, in whole or in part, may be
terminated by either parry upon not less than seven (7) days
written notice should the other party fail substantially to
perform in accordance with the terms of this Agreement.
Client shall compensate CZ for services performed and
reimbursable expenses incurred prior to the termination
date.
Site Visits. Site visits to the project site may be performed
by a licensed engineer or by a person with relevant
experience in the construction of trades being observed.
Entire Agreement. This Agreement, including exhibits and
amendments, contains the entire agreement between Client
and CZ as it pertains to this project. No oral statements or
other prior written correspondence will be of any force or
effect. This Agreement may only be amended in writing by
both Client and CZ.
Severability. If any provision of this Agreement is held to
be illegal, invalid, or unenforceable, such provision will be
severable, and all remaining provisions will remain in full
force and effect.
Governing Law. This Agreement shall be governed by the
laws of the State of Texas and the venue for any action under
this agreement shall be in the County of Bexar.
No Warranty. CZ makes no warranty, expressed or implied,
for opinions, tests, recommendations, professional advice,
plans, specifications, or designs. CZ has endeavored to
perform services in a manner consistent with practices
common to the practice of professional engineers in the
same locality, of the same nature, and under similar
circumstances. CZ, nor any of CZ's employees or
subconsultants have any fiduciary responsibility to Client.
Wrerracon
July 9, 2025
Unintech Consulting Engineers Inc
2431 E Evans Rd
San Antonio TX, 78259
Attn: Mr. Mark Hill, Director
6000 Northwest Parkway, Suite 100
San Antonio, TX 78249
P (210) 641-2112
Terracon.com
RE: Proposal for Geotechnical Engineering Services
Ground Storage Tank - City of Schertz
Holly Lane and Tulip Street
Schertz, Texas
Terracon Proposal No. P90255207
Dear Mr. Hill:
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 of the proposal.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location and Nearby Geotechnical Data
Exhibit E Anticipated Exploration Plan
Our fee to perform the scope of services described in this proposal is in Exhibit C. Your
authorization for Terracon to proceed in accordance with this proposal can be issued by
signing and emailing a copy of the attached Agreement for Services. We appreciate the
opportunity to provide this proposal.
Sincerely,
(Firm Registration No. F3272)
fro
Shasanka Dutta, P.E.
Senior Engineer
Arin Barkataki, P.E.
Principal
Facilities I Environmental I Geotechnical I Materials
Reference Number: P90255207
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 Ground Storage Tank - City of Schertz project ("Project"), as described in Consultant's Proposal dated 07/09/2025 ("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 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 I 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.
S. 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
10
11
12.
13.
14.
15.
16.
17.
Reference Number: P90255207
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.
. 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.
. 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.
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.
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.
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 fumished 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.
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.
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.
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: Terraeon Consultants, Inc. Client:
By:,l r
Date: 7/9/2025
Namelritle: Arlin Barkataki / Department Manager III
Address: 6000 Northwest Pkwv Ste 100
San Antonio, TX 78249-3346
By:
Name/Title:
Address:
Phone: (210) 641-2112 Fax: (210) 641-2124 Phone:
Email: Arin.Barkataki@terracon.com Email:
Page 2 of 2
Unintech Consulting Engineers Inc
Date:
K.W. Chan / Vice President/ Shareholder
2431 E Evans Rd
San Antonio, TX 78259-2755
(210) 641-6003 Fax:
kchan@unintech.com
Rev. 11-22
Proposal for Geotechnical Engineering Services%rr�rcon
Ground Storage Tank - City of Schertz i Schertz, Texas
July 9, 2025 i Terracon Proposal No. P90255207
Exhibit A - Project Understandini
Our Scope of Services is based on our understanding of the project as described by client
and the expected subsurface conditions as described below. We request the client/design
team verify all information prior to our initiation of field exploration activities.
Planned Construction
Item Er� pr Description
We have been provided with the relevant information by Mr.
Information Provided Mark Hill, PE of Unintech Consulting Engineers, Inc., via an
email dated July 1, 2025.
Based on the information provided to Terracon, the proposed
development involves the design and construction of a pre-
stressed, wire -wound concrete ground storage tank,
approximately 100 feet in diameter, with a capacity of 3.0
Project Description million gallons. The tank will be founded on a slab supported
by deep foundations, such as drilled piers.
A pump station is planned to the east of the tank, with an
estimated footprint of 900 square feet. Additionally, a separate
structure is proposed to house the switchgear. An access road
is also included in the site development plan.
Construction Pre -stressed, wire -wound, concrete, ground storage tank
Finished Floor Unknown. It is anticipated that minor grading will be required
Elevation (FFE) under the storage tank and pump station footprints
Maximum Loads
It is anticipated that the load around the perimeter tank will
be on the order of 20 to 25 kips per linear foot.
Below -Grade No below grade walls are expected to be constructed.
Structures
Free -Standing No retaining walls are expected to be constructed.
Retaining Walls
Pavements An access road is expected to be constructed.
Facilities I Environmental I Geotechnical I Materials 2
Proposal for Geotechnical Engineering Services
Ground Storage Tank - City of Schertz i Schertz, Texas
July 9, 2025 i Terracon Proposal No. P90255207
Site Location and Anticipated Conditions
i9rr con
Item
IN Description
Parcel
The project is located at the intersection of Holly Lane and Tulip
Information
Street in Schertz, Texas.
Existing
Improvements
None.
Current Ground
Based on aerial imagery, part of the site is wooded and will need
Cover
limited clearing for equipment access.
Existing
Based on Google Earth, the site is relatively level with an average
Topography
elevation of EL.886 feet.
Site Access
We assume that the boring locations will be accessible with our
truck -mounted drilling equipment and support vehicles.
Anticipated
Based on the geologic formation and our experience with projects
Subsurface
near this location, we anticipate the subsurface soils to consist of
Conditions
fat clay underlain by lean clay, Marl and Chalk.
Facilities I Environmental i Geotechnical I Materials 3
Proposal for Geotechnical Engineering Services �erracon
Ground Storage Tank - City of Schertz i Schertz, Texas
July 9, 2025 i Terracon Proposal No. P90255207
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 Exploration
Based on our experience with similar projects and requests from the client, the following
field exploration is planned:
Borings
Manned Boring Depth Planned Location (See Exhibit
(feet) E Anticipated Exploration Plan)
1 (B-1)
60
Tank Center
4 (B-2 through B-5)
30
Tank Perimeter
1 (B-6)
20
Pump Station
1 (B-7)
20
Switchgear House
3 (B-8 through B-10)
10
Access Road
Boring Layout and Elevations: We will use handheld GPS equipment to locate borings
with an estimated horizontal accuracy of +/-5 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 and at
intervals of 5 feet thereafter. Soil sampling will be performed using split -barrel sampling
procedures. In the split barrel sampling procedure, a standard 2-inch outer diameter split
barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling
a distance of 30 inches. The number of blows required to advance the sampling spoon the
last 12 inches of a normal 18-inch penetration will be recorded as the Standard Penetration
Test (SPT) resistance value. 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.
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 will include visual classifications of materials encountered during
drilling, and our interpretation of subsurface conditions between samples. Final boring
Facilities i Environmental I I I Materials 5
Proposal for Geotechnical Engineering Services erracon
Ground Storage Tank - City of Schertz I Schertz, Texas
July 9, 2025 1 Terracon Proposal No. P90255207
logs, prepared from field logs, will 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. Our
services do not include repairing 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. Because backfill material often settles below the surface
after a period, we recommend boreholes to be periodically checked and backfilled, if
necessary. We can provide this service or grout the boreholes for additional fees at your
request.
Safety
Terracon is 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 through Texas811. We will consult
with the owner/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.
We understand that the client will provide appropriate information such as drawings,
photographs and contact personnel to enable our field representatives to evaluate and
determine the proper measures to take for clearing underground facilities at the boring
locations. We will perform a due diligence effort with regards to this issue but cannot be
responsible for damage/repairs related to encountering unknown underground utilities
during our field activities.
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. If the owner/client is unable to accurately locate private utilities, Terracon can assist
the owner/client by coordinating or subcontracting with a private utility locating services.
The detection of underground utilities is dependent upon the composition and construction
of the utility line; some utilities are comprised of non -electrically conductive materials and
may not be readily detected. The use of a private utility locate service would not relieve
the owner of their responsibilities in identifying private underground utilities. Since part
of the site has an elevated storage tank with underground piping, Terracon will hire a
private utility locator to clear the boring locations.
Facilities I Environmental I Geotechnical I Materials 6
Proposal for Geotechnical Engineering Services
err�con
Ground Storage Tank — City of Schertz I Schertz, Texas
July 9, 2025 1 Terracon Proposal No. P90255207
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.
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.
A portion of the site appears to be heavily wooded. If the client/owner is unable to facilitate
clearing a path for drill rig access. Terracon will hire a subcontractor to perform the
necessary clearing.
Laboratory Testing
The project engineer will review field data and assign laboratory tests to understand the
engineering properties of various soil. Exact types and number of tests cannot be defined
until completion of fieldwork, but we anticipate the following laboratory testing may be
performed:
• Passing No. 200 Sieve
■ Moisture Content Measurements
■ Atterberg Limits
■ Sulfate Test
■ Consolidation Test
■ Unconsolidated Undrained Test for suitable Shelby tube samples
■ Standard Proctor
■ California Bearing Ratio (CBR)
■ Lime Series (Lime -pH and Lime PI) for fat clay soils if encountered in access road
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 logs with field and laboratory data
Stratification based on visual soil/rock classification
r Groundwater levels observed during and after the completion of drilling
■ Site and Boring location plans
Facilities I Environmental I Geotechnical I Materials 7
Proposal for Geotechnical Engineering Services Wrerracon
Ground Storage Tank - City of Schertz I Schertz, Texas
July 9, 2025 1 Terracon Proposal No. P90255207
■ Subsurface exploration procedures
E Description of subsurface conditions
E Potential Vertical Rise (PVR)
■ Subgrade preparation/earthwork recommendations including fill material types
and compaction requirements
■ Pad preparation for pad to achieve 1" PVR
■ Recommended shallow foundation and drilled pier foundation design parameters
■ LPILE parameters for drilled piers
E Estimated settlement of foundations
E Seismic site classification
E Access road recommendations for gravel and asphalt
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
E Site Characterization - Findings of the site exploration and laboratory results
E Geotechnical Engineering Report
When services are complete, we upload a printable version of our completed Geotechnical
Engineering report, including the professional engineer's seal and signature, which
documents our services. Previous submittals, collaboration, and the report are maintained
in our system. This allows future reference and integration into subsequent aspects of our
services as the project goes through final design and construction.
Facilities I Environmental I Geotechnical I Materials 8
Proposal for Geotechnical Engineering Services
Ground Storage Tank - City of Schertz I Schertz, Texas
July 9, 2025 1 Terracon Proposal No. P90255207
Wrerracon
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.
Task Lump Sum Fee
Subsurface Exploration, Laboratory Testing, Geotechnical
Consulting and Reporting $22,500
Private Utility Locates $1,700
Limited Tree Clearing including coordination (Expected to take 1.5
days @ $4,000 per day. Will be billed for the actual number of days $6,000
needed to do the clearing)
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, 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.
Delivery on Compass Schedule
Kickoff Call with Client 5 days after notice to proceed
Field Exploration 7 days after utility clearance
Laboratory Testing 15 days after field exploration
Geotechnical Engineering 7 days after completion of laboratory testing
Facilities I Environmental I Geotechnical I Materials 1
Proposal for Geotechnical Engineering Services Ground Storage Tank - City of Schertz i Schertz, Texas oa .�erracon
July 9, 2025 i Terracon Proposal No. P90255207
Delivery on Compass Schedule
1. 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 I Environmental I Geotechnical I Materials 2
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Revised Proposal for Geotechnical Engineering Services �erracon
Ground Storage Tank - City of Schertz I Schertz, Texas
July 9, 2025 1 Terracon Proposal No. P90255207
Exhibit E Nntirinmted Exploration Plan (Access Road)
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Wrerracon
July 7, 2025
Unintech Consulting Engineers, Inc.
2431 E Evans Road
San Antonio, Texas 78259-2755
Attn: Mr. Mark B Hill, P.E.
Director/Share Holder, Civil Division
P: (210) 641-6003 x 1414
E: mhillnaunintech.corr,
RE: Proposal for Environmental Services
City of Schertz IH 35 Ground Storage Tank
IH 35 and Hope Lane and Tulip Street
Schertz, Guadalupe County, Texas
Terracon Proposal No. P90257361
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 nine contiguous
tracts of land totaling approximately 2.58-acres located near IH 35 on Hope Lane and Tulip
Street in Schertz, Guadalupe County, Texas. According to the Guadalupe County Appraisal
District (GCAD) website, all properties remain undeveloped with the exception of a water tank
constructed on the southernmost property.
Task 1: Phase I ESA consistent with ASTM E1527-21
Scope of Services
Chain of Title/Environmental Lien/AUL Search is no included in this
(see Section 2.0 of fee.
attached proposal
detail) Task 2: Waters of the United States (WOTUS) Desktop Assessment
Task 3: Protected Species Desktop Assessment
Schedule Task 1: Phase I ESA - 15 business days from written notice to proceed
Task 2: Waters of the United States (WOTUS) Desktop Assessment - 20
(see Section of business days from written notice to proceed
attached propooss al
detail) Task 3: Protected Species Habitat Desktop Assessment - 20 business days
from written notice to proceed
Facilities I Environmental I Geotechnical I Materials
Proposal for Environmental Services � w�����0�
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
Task Fee
Task 1: Phase I ESA $2,800
Compensation
Task 2: Waters of the United States (WOTUS) Desktop $2,800
Assessment
Task 3: Protected Species Habitat Desktop Assessment $3,000
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
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,
Terracon 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 merracon
Date Completed
Person Completing Questionnaire
Name: Phone:
Company: Email:
Site Name
City of Schertz IH 35 Ground Storage Tank
Site Address
IH 35, Hope Lane and Tulip Street, Schertz, Guadalupe County, 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. P90257361
Proposal for Environmental Services
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas Terracon
3uly 7, 2025 1 Terracon Proposal No. P90257361
DETAILED SCOPE OF SERVICES
11 PROJEC" RMATION
We understand the site consists of nine contiguous tracts of land totaling approximately
2.58-acres located near IH 35 on Hope Lane and Tulip Street in Schertz, Guadalupe County,
Texas (see Figure 1 below for approximate site boundaries). According to the Guadalupe
County Appraisal District (GCAD) website, all properties remain undeveloped with the
exception of a water tank constructed on the southernmost property. We further understand
that the anticipated future use of the site is the construction of a ground storage tank,
pump station and pump house. 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 Rase 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 Environmental Services �erracon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
REC Definit
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 Polyfluoroalkyl 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 Environmental Services Wbrmcon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
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 Environmental Services � �rracon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
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:
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 Environmental Services � �C��O�
City of Schertz IH 35 Ground Storage Tank I Scheriz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
Additional 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
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.
2.2 Afaters of the United States (WOTUS) Desktop Assessment
This desktop review will assist Terracon in preliminarily identifying the potential
presence of drainage ways, streams, rivers, wetlands, ponds, and other aquatic features
with the potential to be regulated as Waters of the U.S. (WOTUS) under Section 404 of
the Clean Water Act (33CFR §320-330). Terracon will conduct background research that
will consist of reviewing previous Terracon reports (if any), aerial imagery, historical
topographic maps, LiDAR, plant species data, United States Fish and Wildlife Service
(USFWS) National Wetlands Inventory (NWI) maps, soil data from the Natural Resources
Conservation Service (NRCS), Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps (FIRM), and other related, readily available data necessary for the
desktop review of site conditions. In addition to GIS sources, Terracon will investigate
the presence and/or availability of prior investigations at the property. If prior
investigations are identified, findings will be discussed in the desktop review.
This desktop review will assist in identifying potential aquatic resources and drainage
patterns on the proposed study area. Terracon will review this background information
to make a preliminary determination based on Terracon's opinions and experiences of
the areas that could potentially be categorized as WOTUS and areas that may not be
subject to regulation under Section 404. A brief report will be produced documenting the
findings from the review.
Facilities I Environmental I Geotechnical I Materials 5
Proposal for Environmental Services lFrerracon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
Task -Specific Limitations and Considerations
Terracon understands the Client is seeking an evaluation of the aquatic features within
the provided site boundary (Figure 1) in accordance with current regulations. It should
be noted that aquatic resources are constantly evolving systems. The scope of this
desktop WOTUS review as proposed herein, effects of man-made disturbances and/or
temporal variations (e.g., rainfall, season, drought), and or subjective interpretation of
data may preclude assessment in conformance with USACE requirements and
significantly affect findings, conclusions, and recommendations. Additionally, USACE and
Environmental Protection Agency (EPA) regulations and guidance under Section 404 is
continually evolving subject to court decisions, rule changes, and Executive Orders.
Terracon intends to conduct the preliminary jurisdictional assessment under the most
up-to-date regulatory guidance information; however, unanticipated changes in
regulatory guidance resulting from additional court decisions, orders, etc. could be
encountered and may necessitate additional scopes of work and fees not included
herein.
This scope of work does not include an effort to inform, confirm, coordinate, or
otherwise communicate Terracon's findings with the USACE, Environmental
Protection Agency, or other regulatory agencies.
2.3 Protected Species Habitat Desktop Assessment
To provide the information necessary to demonstrate compliance with the Endangered
Species Act (ESA) and applicable state and local regulations, Terracon proposes to
conduct a Protected Species Habitat Desktop Assessment. Qualified biologists will
conduct a comprehensive desktop review of best available data to evaluate the presence
(both historically and contemporarily) of potentially suitable habitat for threatened and
endangered species (including migratory bird, bat, and plant species) in the study area.
The review will be conducted within the context of the specific study area and will
include an assessment at the state, county, and local (i.e., United States Geological
Survey (USGS) quadrangle) scale. The review may utilize data from the following:
■ USFWS Information for Planning and Consultation (IPaC) database
■ The USFWS critical habitat database and aerial imagery from multiple public
sources
■ Texas Parks and Wildlife Department (TPWD) Natural Diversity Database
s TPWD Annotated County lists of Rare Species
■ TPWD Ecological Mapping System of Texas (EMST)
■ USGS land cover database
■ Other readily available geographic information systems (GIS) data and species
databases
To document the findings on the desktop review, Terracon will produce a desktop report
that will include an assessment of the potential effect on listed species will be made in
Facilities I Environmental I Geotechnical I Materials 6
Proposal for Environmental Services Merracon
City of Schertz IH 35 Ground Storage Tank I Scheriz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
consideration of the presence of suitable habitat (based on the desktop review), the
likelihood for listed species to make use of suitable habitat, the likelihood for listed
species to be present on the site as evidenced by online resources, and/or the likelihood
for potential project effects on listed species. Suitable avoidance and minimization
measures to minimize adverse effects may be taken into account, as appropriate and in
coordination with the client, but only on a preliminary, conceptual basis.
Based on resource document data and known regulatory requirements, preliminary
recommendations will be formulated as appropriate, and the findings, along with a
discussion of the regulatory framework, assessment methodology, and applicable
limitations, are documented in the report.
Task -Specific Limitations and Considerations
This task does not include an on -site habitat assessment, monitoring for species during
construction, or negotiation for mitigation with resource agencies. If needed per the
results of the Protected Species Habitat Desktop Assessment, Terracon can provide
additional surveys or agency coordination under a separate scope of work. This report
does not constitute a formal habitat assessment or presence/absence survey for any
regulated species.
Readily available resources do not typically include comprehensive records of
documented sightings as such information is generally not made available to the public.
No determination can wholly eliminate uncertainty regarding project effects on listed
species. The determinations, findings, and conclusions provided in this scope of services
should not be considered authoritative. The limited scope of services described herein
may not allow a conclusive determination to be made. In such cases, additional
assessments may be recommended.
From previous coordination and communication with the USFWS, that agency does not
offer concurrence with no effect determinations, and typically does not provide further
correspondence regarding no effect determinations. However, if there is a finding of
potential impacts on the sites, the report will need to be submitted for their review.
Coordination with USFWS beyond the initial IPaC inquiry and/or a concurrence letter is
not included in the scope of services for this task. Species -specific surveys are not
included in this proposal.
3.0 Schedule
Services will be initiated upon receipt of the written notice to proceed.
Facilities I Environmental I Geotechnical I Materials 7
Proposal for Environmental Services
City of Scheriz IH 35 Ground Storage Tank I Schertz, Texas Wrermcon
July 7, 2025 1 Terracon Proposal No. P90257361
Phase I ESA
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.
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.
Information about environmental liens and activity and use limitations for the site, if
any.
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.
Facilities I Environmental I Geotechnical I Materials 8
Proposal for Environmental Services Wrerracon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
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.
Waters of the United States Desktop Assessment
The draft report will be submitted to the client within 20 business days from written
notice to proceed for the task. The final report will be submitted to the client within 10
business days following the receipt of consolidated comments, if any.
Protected Species Habitat Desktop Assessment
The draft report will be submitted to the client within 20 business days from written
notice to proceed for the task. The final report will be submitted to the client within 10
business days following the receipt of consolidated comments, if any.
4.0 Reliance
The ESA report will be prepared for the exclusive use and reliance of Unintech Consulting
Engineers, Inc. and the City of Schertz. 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.
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.
Facilities I Environmental I Geotechnical I Materials 9
Proposal for Environmental Services �Q�C���
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas a�
July 7, 2025 1 Terracon Proposal No. P90257361
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
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.
Facilities I Environmental I Geotechnical I Materials 10
Proposal for Environmental Services liferracon
City of Schertz IH 35 Ground Storage Tank I Schertz, Texas
July 7, 2025 1 Terracon Proposal No. P90257361
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 11
Reference Number: P90257361
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 City of Schertz IH 35 Ground Storage Tank project ("Project"), as described in Consultant's Proposal dated 07/07/2025
("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.
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 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
Reference Number: P90257361
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 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: Terracon Consultants, Inc. Client: Unintech Consulting Engineers Inc
By: `�}. Date: 717/2025 By: Date:
Namerritle: Dawn McCurry / Senior Environmental Namerritle:
Scientist
Address: 6000 Northwest Pkwv Ste 100
Address: 2431 E Evans Rd
San Antonio, TX 78249-3346
Phone: (210) 641-2112 Fax: (210) 641-2124 Phone:
Email: Dawn.McCurry@terracon.com Email:
San Antonio, TX 782S9-2755
(210) 641-6003 Fax:
Page 2 of 2 Rev. 11-22