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HomeMy WebLinkAboutRes 2020-12-832 Agree w HDR EngineeringCITY OF ANNA, TEXAS RESOLUTION NO. 2020-JJ 713a A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND HDR ENGINEERING, INCORPORATED, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY FIVE THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS AND ZERO CENTS ($3355732.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Throckmorton Creek Trunk Sewer Expansion is shown in the City of Anna Wastewater Master Plan as a critical Capital Improvement Project, and; WHEREAS, expansion of the sewer system will facilitate high quality development in the City of Anna north of FM 455 between US 75 and SH 5, and; WHEREAS, HDR Engineering, Incorporated has provided a task order for engineering analysis and design services, and; WHEREAS, the project shall be funded through Wastewater Impact Fees, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby authorizes the City Manager to execute the task order agreement as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 0 day of December, 2020, ATTEST: i Carrie Land, City Secreta APPROVED: �,.�y OF Ai�,y--,date Pike, Mayor Ca: */011/111111111100 EXHIBIT "A" (see attached) PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into as of the 2nd day of December, 20203 by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER" and HDR Engineering, Inc., hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, the general services traditionally performed by a municipally retained or employed engineer including without limitation the services described under Article 2.A. of this Agreement ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services as necessary and as described under "Scope of Work", which is attached hereto and made a part hereof as Attachment "A" as if written word for word herein. B. CONSULTANT shall perform appropriate services set forth in individual task orders which shall be governed by the terms of this Agreement. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement or any task orders, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 1 of 10 ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT, if authorized by OWNER, whether included in the above -described Scope of Services, are described as follows: A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with or having dealings with the Texas Commission on Environmental Quality, U.S. Environmental Protection Agency, or other regulatory agencies. CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the above -described Scope of Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for OWNER's use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to OWNER. G. Providing geotechnical investigations, including soil borings, related analyses, and recommendations. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) established by OWNER, acting through its City Manager or his designee. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 2 of 10 ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services in the nature of geotechnical evaluations, traffic engineering and other necessary support labor incident to the work required under the Scope of Services and Additional Services. 2. "Direct Non -Labor Expense" is defined as that expense for any authorized assignment assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. D. COMPENSATION: Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is THREE HUNDRED AND THIRTY FIVE THOUSAND AND SEVEN HUNDRED AND THIRTY TWO Dollars ($ 335,732) as detailed in Exhibit A-3 which is attached hereto and made a part hereof as if written word for word herein. In addition to the Lump Sum, CONSULTANT is also entitled to reimbursement from OWNER for Reimbursable Expenses unless otherwise noted. B. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTMIN T's undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1 %) per month from the said 60th day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation." ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 3 of 10 All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER Is use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 4 of 10 losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under contract, or another entity over which the CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 12 TERMINATION OF AGREEMENT PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 5 of 10 A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: HDR Engineering, Inc. 17111 Preston Road, Suite 300 To OWNER: City Manager City of Anna 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 6 of 10 ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on CA of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 7 of 10 ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall any interest in this Agreement (whether by assignment, novation, or otherwise) prior written consent of OWNER. ARTICLE 2'1 MODIFICATION not transfer without the No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Attachment A —Scope of Work (20 pages) Exhibit A-1 —Sub Contractor's List (1 page) Exhibit A-2 —Overview Map (1 page) Exhibit A-3 —Basis of Compensation (2 pages) Exhibit A-4 —Project Schedule (1 page) B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 8 of 10 D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Jaime Ordonez, P.E. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. Additional information to be provided by the City shall be requested in writing by the CONSULTANT. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on tl}a t e 2N1 day of December 2020. CITY OF N M PROSE, � CITY MANAGER ATTEST: CARRIE LAND, CITY SECRETARY PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 9 of 10 HDR Engineering, Inc., CONSULTANT Name: Ramon F. Miguez, P.E. Title: Vice President WITNESS: BY: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 10 of 10 ATTACHMENT "A" SCOPE OF WORK TO BE PROVIDED BY HDR ENGINEERING INC. (CONSULTANT) TO CITY OF ANNA (CITY) FOR THROCKMORTON CREEK SEWER EXTENSION 1.0 PROJECT UNDERSTANDING This scope of services consists of professional design services whereas the CITY proposes to construct Throckmorton Creek Sewer Extension generally in accordance with the City of Anna Comprehensive Plan (2010). Anticipated improvements include approximately 6,500 linear feet of 15-inch diameter and 1,300 linear feet of 8-inch to 12-inch diameter sanitary sewer, manholes, and creek crossings. Final pipe diameters will be determined and provided by the CITY. Services by the CONSULTANT shall include all aspects of the work set forth in the following scope of services. The general parameters for design of the improvements shall include the following: 1. Construction of a 15-inch diameter sanitary sewer connecting from the existing Throckmorton Creek Sanitary Sewer and extending North from FM 455 to East County Road 370 as shown in Exhibit "A-2". 2. Construction of an &inch to 124ch diameter sanitary sewer lateral connecting to the proposed Throckmorton Creek Sewer Extension and terminating just North of East County Road 370 as shown in Exhibit "A-2". 3. Preparation of right-of-way and/or easement documents where necessary shall be provided. 4. Completion of special services including surveying, cultural resources, geotechnical, subsurface utility engineering (SUE), and environmental field analysis of the alignment. 5. Development of 30%, 60%, and 90% quality control review submittals including plans, specifications, and opinion of probable construction cost (OPCC). 6. CONSULTANT shall meet with the CITY following the 30%, 60%, and 90% submittals. Comments for the 100% submittal will be provided to the CONSULTANT by the CITY. The CONSULTANT shall perform the necessary engineering and related technical services for the Design and Construction Phase Services, including necessary Additional Services for development of this Project according to the following sections of this Contract. CONSULTANT shall use the subcontractors listed in Exhibit "A4' which is attached hereto and incorporated herein by reference and made a part hereof as if repeated verbatim. 2.0 BASIC SERVICES PROJECT MANAGEMENT AND COORDINATION: CONSULTANT shall be responsible to perform the following tasks throughout the course of the PROJECT: A. Project Control and Monitoring —Provide project management for design services. Project management shall include, but not be limited to developing 1 and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; providing labor resources necessary to fulfill scoped work; providing quality control review of deliverable prior to submittal to the CITY, scheduling and participating in design reviews; and providing updates to the CITY on a regular basis. B. P_r_oject Administration and Monthly Invoicing —The CONSULTANT shall perform all necessary coordination and administrative tasks including, but not limited to, required coordination with subcontractors listed in Exhibit "A-1 preparing and submitting monthly invoices to the CITY, preparing and updating the overall project schedule, attending required meetings, and other miscellaneous administrative and/or coordination tasks required by the CITY unless specifically listed under "Exclusions" in the Scope of Services herein. C. Meeting Notes and Documentation —Document all meetings, conferences, coordination, phone conversations, etc. and send documentation to CITY within three (3) business days. D. Third -Party Coordination —Coordinate with other governmental agencies, franchise utilities, adjacent developments, and individual property owners as necessary, including but not limited to TDLR (Texas Department of Licensing and Regulation), TCEQ (Texas Commission on Environmental Quality), THC (Texas Historical Commission), TxDOT (Texas Department of Transportation), FEMA (Federal Emergency Management Administration), United States Army Corps of Engineers (USACE) and any other appropriate entities. E. General Knowledge and Design Requirements —The CONSULTANT shall have a working knowledge of all applicable design requirements, codes, master plans, and regulations which govern the scope of work and services included herein. Specific design requirements shall be obtained from the City of Anna Code of Ordinances Part IlkB (Design Standards). The CONSULTANT will establish and summarize all project design criteria, including any proposed variances, and present the information for CITY review and concurrence at the project kickoff meeting. All design work will be prepared in CAD, with electronic files in DGN/DWG format submitted to the CITY upon final record drawings. The CITY may request CAD files at any time through the duration of the contract. The CONSULTANT shall be responsible for ensuring that design services provided meet all local, state, and federal requirements. Deliverables • Project Management Plan • Monthly Invoices • Monthly Project Schedule Updates • Monthly Project Progress Updates II. 30% PRELIMINARY DESIGN: Upon receiving written authorization to proceed from the CITY, the CONSULTANT shall perform the following tasks: A. Project Kickoff Meeting —Conduct one (1) meeting (Meeting #1) with CITY staff to review project goals/requirements, design criteria, communication procedures, project scheduling, deliverables, personnel, and other pertinent 2 matters that may impact the Project. Any proposed design variances shall be submitted to the CITY along with associated justification. Any requests for city plans, GIS, or files pertinent to the Data Collection task shall be formally requested in writing to the CITY project manager. B. Data Collection —Obtain and research all existing city utility plans, street plans, drainage plans, plats, right-of-way maps, existing easement information, contour maps, and other features within and pertaining to the Project area. Research planned and future developments along the Project to determine how the improvements may impact any future development. The CONSULTANT will also coordinate with franchise utilities in the area and obtain any available record information. Existing Project conditions shall also be documented using digital photography and/or video. Perform site visit(s) to obtain necessary information/confirm information obtained from other sources. 1. Right -of -Entry (ROE) —Prior to initiating any field work on private property, the CONSULTANT shall send ROE letters to all property owners impacted by the proposed routes notifying them of the intent to access their property. a. ROE letters shall be separated into two requests. The first letter will request access to the property for foot traffic only. This will include engineering, environmental, and cultural resource field work required to evaluate the proposed alignment. After the final alignment is confirmed, the CONSULTANT shall send a second ROE letter requesting access for subsurface utility engineering (SUE), survey, geotechnical, environmental, and cultural resource field activities. b. A DRAFT ROE letter for each request will be submitted to the CITY for review and approval prior to sending them to property owners. c. The CONSULTANT shall send up to two certified ROE letters per request. d. The CITY shall follow up with phone calls with property owners that are deemed unresponsive or who have denied ROE after two certified letters have been sent by the CONSULTANT. The CONSULTANT shall provide the CITY with the name, address, and contact information of the unresponsive or denied property owners, as well as the property addresses of the affected property obtained from the Collin County Appraisal District. e. Executed ROE letters will be retained by the CONSULTANT for project documentation. C. Preliminar�gn Memorandum —Prepare memorandum consisting of design criteria, conceptual drawings, and written descriptions of the Project. The memorandum will be prepared in regulatory agency formatting to facilitate approval by the Texas Commission on Environmental Quality (TCEQ). The preliminary design will include recommendations for the sewer extension alignment, proposed slopes, and tie in connections to the existing sanitary sewer system. The memorandum will also include recommendations for methods of construction for the various creek crossings. The memorandum will address what level of streambank restoration may be required and identify the minimum erosion control measures required based on the area of disturbance for this project. 3 1. Alignment Evaluation — According to the CITY Comprehensive Plan, the proposed sewer extensions begins at FM 455 and terminates just north of East County Road 370. The proposed route will parallel Throckmorton Creek as shown in Exhibit "A-2". The CONSULTANT will evaluate the alignment on the West Side of Throckmorton Creek to determine the optimal location of the proposed sewer extension and manholes. 2. Creek Crossing Evaluation —CONSULTANT shall minimize number of creek crossings and recommend crossing methods in preliminary design memorandum. Aerial Crossings and Crossing by Open Cut will be considered for crossing Throckmorton Creek and Throckmorton Creek Tributary I in up to three locations on the east side of HWY 75. Design services for up to three aerial crossings is included in Special Services, 3. After ROE is obtained for the impacted property owners, CONSULTANT shall perform a field visit of the proposed pipeline alignment to evaluate environmental and engineering impacts of the sewer extension and lateral and identify any specimen trees (3&inch and greater diameter) along each alignment. 4. After conducting the site visit and evaluating both alignments, the CONSULTANT shall update the Preliminary Design Memorandum with any recommended alignment revisions. D. Preliminary Design Field Services —After meeting with the CITY and confirming the pipeline alignment, the CONSULTANT shall conduct survey, subsurface utility engineering, environmental, cultural resource, and geotechnical field activities as described in Special Services below. E. 30% Preliminary Desiqn Drawings: Utilizing information obtained from the data collection and the preliminary design field services described above, the CONSULTANT will prepare preliminary 30% Engineering Plans and an Opinion of Probable Construction Cost as follows: 1. Pipe Sizes —Sewer extension and Lateral diameters shall be provided by the CITY. If required, wastewater model runs to confirm pipe diameter will be completed by the CITY and results provided to the CONSULANT. 2. Base Files —Prepare base drawing files from existing record information and surveyed locations of existing city and franchise utilities, infrastructure, buildings, property lines, easements, trees/landscaping, and other pertinent information as detailed in special service requirements for surveying. 3. General Plans —Prepare general plan sheets necessary including cover, general notes, sheet index, and survey control sheet. 4. Plan &Profile Drawings —Establish preliminary horizontal alignment for proposed sewer extension and lateral at a scale of 1"=40'. Plan and profile sheets will include plan view and existing grade, vertical pipe profiles will not be shown until 60% design. Determine any conflicts with private property including fences and future development plans including but not limited to mailboxes, driveways, sidewalks, landscaping, master planned infrastructure, etc., and provide preliminary replacement or alternate design options if required. Plan and profile sheets shall include any temporary fencing requirements to protect livestock. Present any potential alternatives, which may provide cost savings to the CITY. 5. Construction Details —Standard detail sheets not required with 30% submittal unless directed by the CITY. 6. Land Acquisition —Establish and depict preliminary permanent and temporary easement needs, actual acquisition efforts will not begin until 60% Detailed Design. 7. Project Specifications —Project specifications will be developed at 60% detailed design. 8. Opinion of Probable Construction Cost —Prepare an engineer's opinion of probable construction cost (OPCC) based on order of magnitude. 9. Internal QA/QC —CONSULTANT shall perform internal QA/QC review of all 30% deliverable documents prior to submitting for the CITY's review. F. 30% Submittal — Submit a USB containing electronic files in PDF format of all plans, specifications, opinion of probable construction cost, preliminary design memorandum and all necessary supplemental calculations and supporting documents to the CITY for review. The CITY will review the 30% documents and submit comments to the CONSULTANT within 14 days of receipt. The CONSULTANT will review the comments and prepare a comment log. Comments shall be incorporated into the 60% submittal. G. 30% Progress Review Meeting —After receiving comments, the CONSULTANT shall participate in a progress review meeting (Meeting #2) with the CITY to discuss comments. Deliverables • Kickoff Meeting Notes (Meeting #1) • Draft and Final Right of Entry Letters • Draft and Final Preliminary Design Memorandum • 30% Project Drawings • 30% Opinion of Probable Construction Cost • Preliminary Design Review Comment Log • Preliminary Design Review Meeting Notes (Meeting #2) III. 60 %DETAILED DESIGN: After acceptance by the CITY of the Preliminary Design Memorandum and 30% Deliverables, the CONSULTANT shall perform the following tasks: A. General Plans —Prepare and update general plan sheets necessary including cover, general notes, sheet index, control sheet, and project layout. 5 B. Demolition Sheets — General demolition of pavement and above ground structures will be shown on the plan and profile drawings. If required, prepare plan sheets depicting any and all removals of existing public and private infrastructure specifying any necessary replacements and/or relocations. C. Plan &Profile Drawings —Establish and/or refine horizontal and vertical alignment for the proposed sewer extension and lateral at a scale of 1 "=40'. Show and identify any utility crossings across the alignments. Determine any conflicts with private property including fences, mailboxes, driveways, sidewalks, landscaping, master planned infrastructure, planned development, etc., and provide preliminary replacement or alternate design options if required. Plan and profile sheets will include any temporary fencing requirements to protect livestock. Include additional easement that is required outside the pipeline easement to access the pipeline for future maintenance. Present any potential alternatives, which may provide cost savings to the CITY. D. Creek Crossings- CONSULTANT shall design up to three aerial pipeline crossings of Throckmorton Creek. This shall be considered a Special Service to be approved by the CITY prior to executing. See scope for this item in Special Service Section. E. Erosion Control Plans — Prepare erosion control plans (including post - construction erosion controls such as sod) to comply with CITY and any federal, state, or local requirements. F. Stream Bank Stabilization Plans —Prepare stream bank stabilization plans as needed to support open cut or construction disturbance to existing creek banks resulting from construction activities. G. Construction Details —Provide City standard detail sheets applicable to the construction of the Project. Special details that are not included as a standard by the CITY shall be included in the plans. H. Land Acquisition —Refine and depict proposed right-of-way and easement needs. Provide final documents for right-of-way and/or easement acquisition. State Agency /Permitting /Utility Coordination —Incorporate the requirements of various agencies customer cities/member cities and utility companies regarding roadway, foreign utilities, stream crossings along proposed alignment into Contract Documents. J. Project Specifications —Prepare 60% project specifications including bid form, front ends, and technical specifications. K. Opinion of Probable Construction Cost —Prepare an engineer's opinion of probable construction cost (OPCC) including estimated construction quantities. L. Internal QA/QC —CONSULTANT shall perform internal QA/QC review of all 60% deliverable documents prior to submitting for the CITY's review. M. 60% Submittal — Submit a USB containing electronic files in PDF format of all plans, specifications, opinion of probable construction cost, and all necessary C� supplemental calculations and supporting documents to the CITY for review. The CITY will review the 60% documents and submit comments to the CONSULTANT within 14 days of receipt. The CONSULTANT will review the comments and prepare a comment log. Comments shall be incorporated into the 90% submittal. N. 60% Progress Review Meeting —After receiving comments, the CONSULTANT shall participate in a progress review meeting (Meeting #3) with the CITY to discuss comments. Deliverables • 60% Project Drawings • 60% Project Specifications • 60% Opinion of Probable Construction Cost • 60% CITY Review Comment Log with CONSULTANT Responses • 60% Progress Review Meeting Notes (Meeting #3) IV. 90% DETAILED DESIGN: After acceptance by the CITY of the 60% Deliverables, the CONSULTANT shall perform the following tasks: A. Previous Drawings —Revise and complete previously prepared drawings. B. Project Specifications —Prepare 90% project specifications. C. Opinion of Probable Construction Cost —Prepare an engineer's opinion of probable construction cost (OPCC) including estimated construction quantities. D. Internal QA/QC —CONSULTANT shall perform internal QA/QC review of all 90% deliverable documents prior to submitting for the CITY's review. E. 90% Submittal — Submit a USB containing electronic files in PDF format of all plans, specifications, opinion of probable construction cost, and all necessary supplemental calculations and supporting documents to the CITY for review. The CITY will review the 90% documents and submit comments to the CONSULTANT within 14 days of receipt. The CONSULTANT will review the comments and prepare a comment log. Comments shall be incorporated into the final plan set. F. 90% Progress Review Meeting —After receiving comments, the CONSULTANT shall participate in a progress review meeting (Meeting #4) with the CITY to discuss comments. Subsequent to the meeting, the CONSULTANT shall provide a written response to the CITY comments and modify documents incorporating required changes. No progress review meeting will be conducted following the 90% Progress Review Meeting. The CITY will provide written comments to the CONSULTANT to address prior to sealing the design documents. Deliverables • 90% Project Drawings ® 90% Project Specifications • 909/o Opinion of Probable Construction Cost �l • 90% CITY Review Comment Log with CONSULTANT Responses • 90% Progress Review Meeting Notes (Meeting #4) V. 100% FINAL DESIGN: After acceptance by the City of the 90% submittal, the CONSULTANT shall perform the following tasks: A. 100% Submittal —Prepare Final (100%) Drawings, Specifications, and OPCC for the sanitary sewer extension and lateral. B. TCEQ Submittal —Compile technical criteria, written descriptions, and design data and submit Plans, Specifications, and Preliminary Design Memorandum to the TCEQ for approval. CONSULTANT shall submit all documents to TCEQ and remain involved until the proposed lift station is approved by the TCEQ. C. Issue Contract Documents —Furnish five (5) half size (11" X 17") sets of plans, five (5) sets of specifications, and an electronic pdf file of the Signed and Sealed 100% Drawings, Specifications, and OPCC for CITY's use. A review meeting is not included in this task. Deliverables • TCEQ Submittal and Cover Letter • Signed and Sealed 100% Project Drawings • Signed and Sealed 100% Project Specifications • Signed and Sealed 100% Opinion of Probable Construction Cost VI. BID PHASE SERVICES: A. Bid Documents —Coordinate and provide final printing of construction plans and project manuals for distribution to proposed bidders. Provide final construction plans and project manual to CITY in electronic format and upload to CIVCAST on behalf of City for advertisement. Provide bid schedule in Microsoft Excel format for use by contractors as prescribed by the CITY. The CONSULTANT will recoup cost of bid sets by non-refundable fee from proposed bidders. All plans, project manuals, and other related bidding documents will be distributed from the office of the CONSULTANT. Maintain plan holders list and a record of prospective bidders and suppliers to whom plans and contract documents have been issued by the CONSULTANT. B. Bid Invitation —Coordinate the bid opening date, time, and place with the CITY and prepare final invitation to Bid. C. Advertisement for Bid —Upload Bid Documents to CivCast forbid advertisement in coordination with and on behalf of the CITY. D. Pre -Bid Meeting — Prepare a pre -bid meeting agenda. Attend pre -bid conference if required by the CITY (Meeting#5). E. Bid Document Interpretations —Address questions from the proposed bidders during the bidding process and issue addenda as necessary, in coordination with the CITY. E� F. Bid Opening — Attend the bid opening and assist the CITY during bid opening, making preliminary tabulation of bids, and review bids for completeness (Meeting #6). G. Bid Tabulation —Prepare and distribute formal bid tabulation sheets noting any discrepancies between original bids submitted. H. Bid Recommendation — Prepare a formal written recommendation to the CITY for project award. Issue Construction Contract Documents —Prepare (including all addenda included) six (6) sets of the conformed project manuals for execution between the contractor and the CITY. This shall include inserting applicable contractor bond information and contractor bid information. VII. CONSTRUCTION PHASE SERVICES: Although day to day operation and oversight of the construction phase will be managed by the CITY, the CONSULTANT will assist the CITY during the construction phase of the project as follows: A. Conformed Construction Plans —Furnish two (2) full size (22" X 34") sets, four (4) half size (1 V X 17") sets of the final plans for construction for use by the CITY and the contractor, along with a USB containing PDFs of all plans and specifications. B. Pre -Construction Conference —Meet with the CITY, the contractor, and other interested parties to discuss the construction of the Project, including Project requirements, communication procedures, Project scheduling, personnel, laboratory testing requirements, field inspection, construction staking, pay requests, and other pertinent matters that may impact the Project (Meeting #7). C. Construction Observation —Provide periodic on -site construction observation services during the construction phase along with attending construction meetings as deemed necessary by the CITY. CONSULTANT shall make visits at intervals as directed by the CITY in order to observe the progress of the Work or as deemed necessary based on the current work being performed. It is not the intent of these visits to be performed at every aspect of the contractor's work. A maximum of four (4) site visits are included for budget purposes which does not include substantial or final walk through on -site meetings. Consultant may be required, as -needed, to attend construction progress meetings as determined necessary by the City. A maximum of three (3) progress meetings are included for budget purposes. Construction observations are to be limited to spot checking, selective measurements, and similar methods of general observation of the work based on exercise of professional judgement and familiarization of the design intent. Based on the information obtained during such visits and such observations, CONSULTANT will keep the CITY informed on the general progress of the work. CONSULTANT's observation or monitoring portions of the work performed during construction shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. CONSULTANT shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or 9 precautions connected with the work and shall not manage, supervise, control or have charge of construction. CONSULTANT shall not be responsible for the acts or omissions of the contractor or other parties on the project. The CITY agrees to contractually require its construction contractor(s) to include CONSULTANT as an additional insured on the construction contractor(s') general liability insurance and include a waiver of subrogation endorsement under contractor's workers' compensation and employer's liability policy for the benefit of CONSULTANT. D. Shop Drawings, Samples, and Materials —Review and approve or take other appropriate action in respect to shop drawings required for the Project to ensure they are in conformance with plans, specifications, and City requirements. Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by the contractor in accordance with the contract documents, but subject to the provisions of applicable standards of state or local government entities. A total of 10 submittals and 5 resubmittals are included for budget purposes. E. Clarifications and Interpretations —When requested, review laboratory testing reports, requests for information (RFI), field change requests, and change orders and provide comments and/or responses to CITY. Provide written responses to RFI's or clarification to CITY or contractor. Provide and maintain an accurate Change Order Log, Submittal Log and RFI Log throughout the duration of the Project, and make such logs available to the CITY upon request. If requested by the CITY, render written decision on all claims of CITY and contractor relating to the acceptability of contractor's work or the interpretation of the requirements of the contract documents pertaining to the progress of the contractor's work. A total of 10 RFIs are included for budget purposes. F. Change Orders —Recommend Change Orders to CITY or review and make recommendations related to Change Orders provided at the request of the contractor. A total of 2 change orders are included for budget purposes. G. Final Walk -Through — Upon substantial completion of construction, the CONSULTANT will participate in a final walk-through with the CITY and the contractor and will contribute items to the CITY for inclusion in a punch list. H. Record Drawings —Prepare record drawings in digital format utilizing CITY and contractor as -built information showing changes made during construction. Provide a USB containing a PDF of the record plan set, TIFF images of each individual plan sheet, and a project base map in CAD format. 3.0 SPECIAL SERVICES All Special Services shown under this section shall be reimbursed on a cost basis (including overhead, profit, and expenses) based on actual work performed with anot-to- exceed amount as outlined in this scope of services. CONSULTANT shall provide all justification for expenditures under this section with each monthly invoice. CITY must approve the use of Special Services. VIII. SURVEYING FOR ENGEINEERING DESIGN: CONSULTANT shall coordinate and furnish field surveying operations necessary for the complete design of the 10 Project as outlined in this Attachment A, Scope of Services. Surveying shall include the following: A. Right of Entry — After obtaining right -of -entry during Preliminary Design, as described above, the surveyor shall commence field surveying activities. Written permission to survey on private property shall be obtained from the property owner(s) by the CONSULTANT. The letter of permission shall include permission for the CONSULTANT to set iron pins and control monuments for future right-of-way and/or easements to be acquired by the CITY if necessary at a later date. B. Field Survey —The CONSULTANT shall direct the work of the field survey crew(s) to perform the following: 1. Utility Coordination —Prior to commencing any topographic fieldwork, surveyor will coordinate with, collect and review available public and private utility records within the project limits. The surveyor will submit a utility locate request for the project limits to Texas 811. a. Establish horizontal and vertical control using CITY criteria. b. Tie right-of-way lines and corners, property lines and corners, existing easements, trees six (6) inches in diameter and larger, fence lines, and other visible surface features. All trees six (6) inches caliper or greater in diameter measured at four feet six inches height (414') shall be surveyed and tagged by the surveyor. Environmental scientists will identify all trees six (6) inches in diameter and larger within the temporary and permanent easement using the number and location of each tree provided in the survey. This information shall be used for the tree permit required by the CITY. c. Topographic Information including cross sections of the existing ground features as needed for design. Collect spot elevations as required to facilitate the generation of one -foot (1') contours. d. Budget for topographic survey includes up to 7,800 linear feet that is 100 feet in width. The location of the survey boundaries will be provided by the CONSULTANT and based on the recommended pipeline route. e. Horizontal and vertical location of all existing facilities within the Project limits including, but not limited to, existing paving (including type), driveways, curbs, sidewalks, fences, buildings (including edge of foundation), mailboxes, landscaping, bridges, culverts, retaining walls, etc. Tie existing visible franchise utilities (including underground utilities if exposed) and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Locate underground utilities or structures that may be within the limits of the Project. Such utilities include, but are not limited to, 11 wastewater (including flowline survey at manholes), water, gas, electric, storm sewer, telephone, and television cable. Consultant will initiate OneCall/Texas 811 or individual utility companies to mark existing underground utilities in the field and shall show such utilities on the base map either based upon field locations or available construction as-builts. g. Survey for Creek Crossings: • 1 river cross sections upstream and 1 downstream of each crossing (100-ft spacing on each crossing section) to cover up to top of bank and 50-ft into overbank or to privacy/property fence ® Survey of stream flowline at 50-ft intervals in between cross sections. 2. Methods and precision. Survey coordinates will be reported on the Texas State Plane Coordinate System, NAD83 (+/- 0.01 feet) with vertical coordinates reported in the NAVD 88 Vertical System (+/- 0.01 feet). Horizontal and vertical control will be set using post -processed GPS static methods. Data will be collected using RTK GPS and robotic total stations for the majority of the survey. Laser scanning methods will be used at state highway and railroad crossings for safety reasons. 3. Surveyor will research boundaries, subdivision plats, rights -of -way (ROW) and easements of which the surveyor has knowledge, which may affect the physical boundaries of the project. Easements with volume and page numbers will be identified and labeled in the survey submittal. Research will include public record resources, including but limited to: county records; TxDOT records; franchise utility records (gas, telephone, electric, cable and others); ownership or easement records as available; and title/abstracting reports from owner on proposed easement parent tracts. 4. Abstracting services for 50 year title/ easement research for the entire recommended alignment. C. Right -of -Way &Easement Documents (by Surveyor) —Upon approval of the Preliminary Design Plans, the CONSULTANT shall survey, render field notes, and prepare right-of-way (ROW) and easement maps and individual parcel exhibits for any additional ROW and/or easements, including temporary construction easements and/or easement abandonments needed for the Project. Perform necessary surveying operations for the identification and delineation of right-of-way and easement parcels. Right -of -Way & Easement Documents shall include the following: 1. Right of Way Maps —Provide Right -of -Way Map showing properties with ownership and include existing and proposed right-of-way and easements 12 2. Parcel Exhibits — Prepare up to 8 temporary and 8 permanent easement field notes. Individual parcel exhibits shall be in both hard copy (8 1/2" x 11 ") and PDF format, shall be sealed, signed and dated by a Registered Professional Land Surveyor and shall contain the following: a. Parcel Identification Number b. Area Required c. Area Remaining d. Legal Description e. Current Ownership f. Any existing platted easement or easements filed by separate instrument including easements provided by utility companies. g. All physical features h. Metes and bounds description of parcel to be acquired for the Project. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. Submit three (3) copies of right-of-way documents to the CITY at the sixty percent (60%) plan submittal. 3. ROW Corners —Establish proposed easement and right-of-way corners on the ground (one-time). 4. ROW Staking —Provide Right -of -Way staking at 100-ft stations and property corners for franchise utility relocation purposes (one time per location as needed). Deliverables • Topographic Survey (DWG) o Layers organized in accordance with HDR Standards o Line weights and types in accordance with HDR Standards • Draft Temporary and Permanent Easement Exhibits • Signed and Sealed Final Temporary and Permanent Easement Exhibits IX. SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES: The CONSULTANT shall provide SUE Services when deemed necessary and approved by the CITY, for the purpose of determining horizontal and vertical locations of underground city and franchise utilities, in conjunction with and/or prior to the field survey. The CITY shall assist with provisions for access to perform the services specified in this item. The CONSULTANT shall provide the City with the name and address of the property owners. 1. Level `B' Locate Services a. Horizontal location of utilities will be determined. b. Up to 7,800 linear feet of designation. 2. Level `A' Locate Services a. Horizontal and vertical location of utilities will be determined. b. Up to 3 test holes of 5-10 feet depth will be provided. c. Up to 2 test holes of 10-15 feet depth will be provided. d. Test holes in addition to those listed above will be provided at the rate per test hole to the depth specified. 13 Deliverables • Signed and Sealed Level A Test Hole Data Sheets o Provided in PDF File Type • Half Size (11"x17") set of Level A& B SUE Locates along Project Corridor o Provided in PDF and DWG File Types X. GEOTECHNICAL INVESTIGATION: The CONSULTANT will provide a Geotechnical Engineer Report, no later than the preliminary design phase submittal, containing the following information: 1. Soil borings will be advanced in selected locations based on surface conditions, pre-existing geotechnical data and other factors. Samples will be acquired and laboratory tests will be conducted to provide engineering data necessary for the design. Laboratory tests for each sample collected are anticipated to include: a. Dry, saturated, buoyant and total unit weight b. Cohesion c. Particle size and gradation d. Atterburg's limits e. Unified Soil Classification f. Internal soil friction angle g. Void ratio h. Elastic modulus i. Resistivity j. pH k. oxidation-reduction potential I. sulfides m. moisture content 2. The geotechnical budget allowance is based on 10 soil borings: seven (7) up to 25 feet total depth (TD) and 3 (three) up to 40 feet total depth. Budget and scope includes all borings to be drilled through native material, the borings will be backfilled using cuttings and bentonite chips. Actual work required will be refined as the PROJECT progresses. Billing will be based on actual work performed by the geotechnical subcontractor. 3. Cost assumes no clearing of trees and no traffic control are required. Deliverables • Certified Laboratory Report Copies • Draft Geotechnical Report • Final Geotechnical Report XI. ENVIRONMENTAL/ CULTURAL RESOURCES INVESTIGATION: The CONSULTANT shall provide the following environmental and cultural resource investigations in accordance with local, state, and federal requirements: 1. Environmental and Cultural Resource Baseline Study —CONSULTANT will perform an environmental baseline study for the proposed Project in Anna, Collin County, Texas. The purpose of the study is to identify and generally characterize various environmental -related features that exist within the project limits. The various features and associated activities that will be addressed include the following: a. Waters of the U.S., including wetlands, that could be subject to the U.S. Army Corps of Engineers' jurisdiction under Section 404 of the Clean Water Act (Section 404); b. Federally listed threatened and endangered species subject to the Endangered Species Act; c. Perform a tree survey for all trees 64ch diameter and greater measured at four feet six inches height (44') within the proposed temporary and permanent easements. d. Migratory birds; e. 100-year floodplains (as per Federal Emergency Management Agency Flood Insurance Rate Maps); f. Cultural resources survey; g. Review of the Texas Archaeological Sites Atlas; h. Coordination with the Texas Historical Commission (THC) in accordance with the Antiquities Code of Texas (ACT); and, i. Actual/Potential environmentally contaminated (hazardous materials) areas located within and immediately adjacent to the project limits. Phase I Environmental Site Assessment (ESA), in general conformance with ASTM E- 1527-13. 2. Data Collection and Evaluation —Collect and review readily available information to help determine the existing conditions within the project limits relative to the features described above. The information is anticipated to include the following: 1. Prior studies and reports available through the City of Anna; 2. U.S. Geological Survey quadrangle map(s); 3. National Wetland Inventory map(s); 4. Aerial photography; 5. Collin County soil survey and hydric soil list; 6. Hazardous material databases using EDR Governmental Database Search; 7. FEMA flood plain map(s); 8. Federal list of threatened and endangered species for Collin County; 9. National Register of Historic Places; and, 10. Recorded information on known historical and archeological sites maintained by TARL 3. Environmental Site Investigation — Conduct a reconnaissance level site investigation to generally characterize and document the existing conditions of the project limits relative to the identified environmental features, and perform a delineation and proposed jurisdictional determination (JD) of waters of the U.S., including wetlands, within the survey corridor in accordance with the 1987 Wetlands Delineation Manual and 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0). A global positioning system will be used to record the general location of environmental features (i.e. Section 404 waters/wetlands). Representative photographs of the features will also be taken during the site investigation. 4. Data Compilation and Synthesis —Compile and evaluate information developed from the previous tasks in order to determine the actual/potential existence and approximate extent of the identified environmental features that exist within the project limits. 15 a. Constraints Map — Prepare a preliminary environmental constraints map illustrating the environmental features. The map will be prepared using available aerial photography and Geographic Information System software, and will incorporate information, such as, soils data; potential Section 404 jurisdictional areas; and, other similar information. b. Tree Survey Report —The surveyor will locate and tag all trees within the temporary and permanent easements six inches (6") caliper and greater measured at four feet six inches height (4J4 ). CONSULTANT will identify all tagged trees and produce a tree survey for submittal with the tree permit application, as necessary, and in accordance with the Tree Preservation Ordinance (Chapter 146, Article IV, Section 14&135) 5. Cultural Resources Survey and Coordination — Perform a cultural resources evaluation as required by both Section 106 of the National Historic Preservation Act (NHPA) and the Antiquities Code of Texas. Assessment of impacts to cultural resources is required in order to secure a permit from the USACE. Since the project is a municipal project, if it impacts a cumulative area larger than five acres or disturbs a cumulative volume of more than 5,000 cubic yards, or if the project is inside a designated historic district or recorded archeological site, the cultural resources evaluation must be conducted in accordance with the Antiquities Code of Texas administered by the Texas Historical Commission (THC). A cultural resources professional that meets the Department of Interior's standard for archaeology will evaluate the project area for historic properties and archaeological resources, and if any are discovered, determine if they are potentially eligible for listing in the National Register of Historic Places. Upon completion of fieldwork, a draft report detailing the cultural resource results will be forwarded to the CITY for review before submission to the THC. Upon review and approval of the draft report by the CITY and the THC, the final cultural resource report (if required) will be included in the environmental permit that is submitted to the United States Army Corps of Engineers (USACE). a. CONSULTANT will develop a Texas Historical Commission (THC) Antiquities Permit. b. Upon the issuance of THC Antiquities Permit, an archaeologist will evaluate the project area with a combination of shovel testing and photography. c. The archaeological survey shovel tests and any encountered cultural resources will be mapped with a sub -meter Trimble Geo 7X GPS unit. d. Trenching, if required, will be performed in specific areas within the project area selected by the CONSULTANT. The CONSULTANT will provide a backhoe and operator for trenching activities. Clearing of trees within the project area are not included. e. Results of the cultural resources evaluation will be detailed within a written report to be delivered to the City and the THC. f. Upon review of the report, the THC will advise on future actions (if any) to be taken in the case of encountered cultural resources. Assumptions a. All cultural resource field activities are dependent upon the timely issuance of a THC Antiquities Permit (within 30 days) from the date of application. 16 b. Any additional work recommendations agreed upon by the THC and or USACE to help stabilize, test, or mitigate any cultural resources found within the above mentioned initial survey work, would be part of an ADDITIONAL scope and contract for services. 6. Environmental Baseline Summary StudJ. Report — Prepare a brief summary letter report (not to exceed five pages of text) presenting the results of the environmental baseline studies for the project. The report will include a description of the study methodology and results, and will include information addressing potential Section 404 permitting requirements as the requirements relate to Section 404 jurisdictional areas that may exist within the project limits including streams, ponds and wetlands, as well as the results from the tree and cultural resources surveys. Related figures within the report will include a project location map, environmental constraints maps. A formal delineation report, tree survey report, and cultural resource survey report will be included as appendices to the summary letter report. Representative site photographs will be included in both the delineation and cultural resources reports. The draft reports will be provided to the City for review and comment. Upon receipt of review comments, the CONSULTANT shall prepare the final reports. Two copies each of the draft and final reports shall be provided to the City. XII. AERIAL CREEK CROSSINGS- CONSULTANT will design up to three (3) aerial crossings only if needed by preferred alignment at Throckmorton Creek and Throckmorton Creek Tributary I. Design will include the following: a. Design up to three (3) aerial crossings including concrete piers and ductile iron or steel casing and any erosion control measures required to protect the crossings) and the creek. Geotechnical and environmental field services associated with the aerial crossing are included in their respective special service task above. b. Hydraulic Modeling for Aerial Crossing The CONSULTANT shall request any pertinent hydrologic and hydraulic models (either HEC-RAS or HEC-HMS) available for Throckmorton Creek. A review of existing City hydrologic and hydraulic models will determine if they are adequate for this study. If required, new hydrologic and hydraulic models will be prepared for the creek crossings. The CONSULTANT shall incorporate the aerial crossings into either the new or City model of Throckmorton Creek to evaluate what (if any) impact the aerial crossing(s) will have and determine what means of mitigation are required to offset any backwater impacts per City of Anna Ordinance. c. Data Collection • In addition to the survey at the wastewater line crossing, hydraulic analysis of stream will require the following to be field surveyed: i. 1 river cross sections upstream and 1 downstream of each crossing (100-ft spacing on each crossing section) to cover up to top of bank and 50-ft into overbank or to privacy/property fence ii. Survey of stream flowline at 50-ft intervals in between cross sections. Hi. Collect from CITY latest copy of HEC-RAS model of Throckmorton Creek iv. Collect from CITY hydrology and hydraulics report for Throckmorton Creek (if available) 17 v. Collect contributing watershed's soils and land use data d. Hydrology- Since Throckmorton Creek is an unstudied Zone A stream, discharges for the hydraulic analysis will be computed. If a new HEC-HMS model is required, the tasks outlined below will be completed. NCTCOG's iSWM Manual and FEMA's NFIP Criteria will be followed. ® 1 year (y), 2y, 5y, 10y, 50y, 100y, and 500 y storm events ® Drainage area delineation ® Time of concentration calculation ® Curve Number computation ® Precipitation analysis ® Hydraulic modeling in HEC-HMS 4.2 ® Validation of hydrologic peak discharges with a different methodology or nearby effective studied stream e. Open Channel Hydraulics • Obtain and review field cross sections and complement with City's 1' contours (from LiDAR) ® Field visit to determine physical aspects at crossings • Develop existing creek hydraulic model in HEC-RAS (if City does not have a model available). Assume backwater flow conditions from nearest River or influence. • Coordination with conveyance team to determine location of crossings and physical aspects. Calculations of geometric input into hydraulic model (includes lines, columns, riprap, etc.) • Determine pre- and post- project impacts into stream WSEL and velocities. • Mitigation analysis and recommendations to avoid hydraulic impacts outside of project area (includes additional modeling) • Brief memorandum presenting methodology, results, and recommendations f. Revisions to analysis, models, recommendations per City's review g. Perform a scour analysis of the aerial crossing. Use geotechnical data for aerial crossings as described in Section VI. h. Assumptions • Mitigation will attempt to avoid a CLOMR/LOMR requirement to FEMA. If one should be required, a supplemental agreement would be necessary. • The study only covers the 6 aerial crossings specified, if additional modeling is required of other stream locations, a supplemental agreement will be necessary. XIII. ADDITIONAL SERVICES The following additional services are beyond the scope of services described above. However, the Consultant can provide the additional services, if needed, upon the City's written request. Any additional amounts paid to the Consultant as a result of any material change to the scope of the project shall be agreed upon in writing by both parties before the services are performed. The additional services include, but are not limited to, the following: a. Preparation and coordination of a Section 404 permit application and supporting documentation (i.e. conceptual mitigation plan report, etc.). b. Preparation of a final compensatory mitigation plan, mitigation construction plans, and technical specifications. c. Performance of mitigation monitoring and preparation of mgation monitoring reports. d. Performance of biological surveys. e. Preparation of environmental documentation in accordance with the National Environmental Policy Act. f. Migratory Bird Treaty Act (MBTA) Assistance, including apre-construction nest survey prior to vegetation removal or land -clearing activities. XIV. EXCLUSIONS The scope of services identified herein specifically excludes the following items, however, these items can be provided if necessary with a revision to scope of work and fees as agreed between CITY and CONSULTANT in writing: A. Design and construction of laterals that service manholes other than those explicitly identified in Exhibit "A-2". B. Computer modeling and routing of water flows; C. Final Plat; D. Environmental remediation; E. Fees for permits and bid advertising; F. Traffic engineering reports or studies; G. Floodplain reclamation plans or floodplain analysis other than provided in scope; H. Construction Inspection; Designs for Trench Safety; J. Consulting services by others not included in proposal; K. Quality control and testing services during construction; L. Alternate additions not included in the original scope; M. Improvements outside the Project limits. 19 BASIS OF COMPENSATION For and in consideration of Basic and Special Services to be rendered by CONSULTANT, CITY agrees to pay, based on the fees indicated below, with the total lump sum fee not to exceed three hundred and thirty five thousand seven hundred and thirty two dollars ($335,732). A summary of the fee breakdown is as shown below: Task Descri Lion LUMP Som Amounf Basic Services Project Management and Coordination $20,789 II 30% Preliminary Design $49,262 III 60% Detailed Design $36,740 IV 90% Detailed Design $25,781 V 100% Final Design $16,326 VI Bid Phase Services $7,218 VII Construction Phase Services $237033 Total Basic Services $1791149 Special Services Vill Surveying for Engineering Design $47,070 IX ROW & Easement Documents $19,100 X SUE Services $30,701 XI Geotechnical Investigation $28,402 XII Environmental / Cultural Resources $15,152 XIII Aerial Crossing Design $16,158 Total Specials Services $156,583 Grand Total $335732 It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Contract which would require payment by the CITY for any charge, expense, or reimbursement above the fee as stated herein without obtaining prior written authorization from the CITY. A detailed fee schedule is provided and attached as Exhibit "A-3". SCHEDULE CONSULTANT shall perform its services in accordance with such Project schedule as is specified in the Contract, but in any event as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project in the case of delays caused by the CITY's review of documents submitted under this Contract. The time period for the completion of Basic Services shall be completed within sixteen (16) months of the execution date of this agreement. A preliminary project schedule is attached as Exhibit "A-4". 20 Exhibit A-1 SUBCONTRACTORS LIST CONSULTANT is to state any subcontractors to be used during design: Specialty Subcontractor Company Main Contact Company Address Surveying North Texas Surveying, LLC Michael B. Arthur, R.P.L.S. (President) Ph: 214-504-0933 Fax: 214-504-0938 1010 W. University Dr. McKinney, TX 75069 Cell: 214-5434373 Subsurface SurvWest James Mason Hayes 4925 Sun Valley Drive Utility Engineering Ph: 817-945-9613 Cell: 217-273-0481 Fort Worth, TX 76119 Geotechnical CMJ Engineering, Inc. Jay Sappington, P.E. Ph: 817-284-9400 Cell: 817480-2622 7636 Pebble Dr. Fort Worth, TX 76117 Y U a ^ ^ � h V M 4 p ry M op l7 F w N a N w N w N a N U w N w N w N w N w N BOB Z m V N N N N41VN N 3ULJrP a N a N a N a N a N n N c n o ynN. _ _ H O M N ti IX K ❑ x w N a Nlwa N a N w N IP Irl m Im 2 x w w NIlci,a N w Nw All, N w N w $ g n u o v N N ki"o a ❑ .. 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