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Ordinance No. 15,151 ORDINANCE NO. 15,151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR PRELIMINARY ENGINEERING SERVICES, FINAL DESIGN SERVICES, BID PHASE SERVICES, CONSTRUCTION PHASE SERVICES, AND SPECIAL PHASE SERVICES FOR THE WEST TEXAS AVENUE DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THIRTY-FIVE THOUSAND FIVE HUNDRED EIGHTEEN AND NO 100 DOLLARS ($735,518.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Freese and Nichols, Inc., for preliminary engineering services, final design services, bid phase services, construction phase services,and special phase services for the West Texas Avenue Drainage Improvements Project. A copy of said agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Freese and Nichols, hic., in an amount not to exceed SEVEN HUNDRED THIRTY-FIVE THOUSAND FIVE HUNDRED EIGHTEEN AND N&100 DOLLARS($735,518.00) for professional services in accordance with the agreement authorized in Section I hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS($50,000.00)or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the vote of the City Council of the City of Baytown this the 28"day of July,2022. �p,YTn4V�� NDON CAPETILLO, M yor A EST: Al��' • . + D I \ O ANGELA AC ON, erk ° i��d�uco•°rn i,iG APPROVED A T FOR rlxt` o tt Y SCOTT LEM D,City Attorney R:Karen Anderson ORDINANCES\2022\2022.07.28U'SAwithFreeseandNichols-WestTexasAveDrainagelmprovements.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement(this"Agreement")is entered into by and between Freese and Nichols(hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees This Agreement authorizes Consultant to perform Professional services for West Texas Avenue Drainage Project(the "Work") for and on behalf of the City. The scope of the Work is detailed in Exhibit"A." The compensation and professional fees for Consultant and its subconsultants is more particularly described in Exhibit "B" and shall not exceed SEVEN HUNDRED THIRTY FIVE THOUSAND FIVE HUNDRED EIGHTEENAND NO.100 DOLLARS ($735,518.00). The time schedules for the Work are specified in Exhibit "C." Each of these Exhibits "A" through "C" are incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: I. Design Phase Services (Lump Sum)................................................$604,022.00 2. Bid Phase Services (Hourly Not to Exceed)......................................$19,508.00 3. Construction Phase Services (Hourly Not to Exceed).......................$59,701.00 4. Additional Services (Lump Sum).....................................................$52,287.00 (These services require independent and specific advance,written authorization) 5. Reimbursable Expenses(Not to Exceed)....................................................$0.00 6. Total ................................................................................................$735,518.00 b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and "Reimbursable," Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C. Reimbursable Expenses, as shown in Exhibit "B," are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category. (1) Allowable reimbursable Expenses include: (a) Hard copy reproductions, copies, and/or binding costs; (b) Postage; (c) Mileage, for travel from Consultant's local office (within a 25-mile radius) to meetings at the City or jobsite. Mileage shall be charged at the current IRS rates; Agreement for Consulting Services,Page 1 (d) Travel Expenses, mileage from local office to state or federal regulatory agency office beyond 100 miles; and (e) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight-hour day at the destination; provided such expenses has been approved in writing by the City. (2) Disallowed Expenses include travel expenses for professional expertise traveling into the Greater Houston Area from Consultant's office outside the Greater Houston Area. d. Consultant shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. e. In the event of a disputed or contested invoice,the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Dane P Schneider, P.E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty(30) days advance written approval from the City's Representative. b. Licensed and Registered Architects.Engineers Consultant shall keep full-time registered architects and.or engineers licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work,Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include,but not be limited to, architects and:or engineers as applicable. d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. Agreement for Professional Services,Page 2 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or his designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Professional shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances,time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by the City or that the construction specified is bid by the City. (2) If any such equipment is specially manufactured, it shall be identified to the City, and the Contractor and the Seller shall present sufficient data to the City to support the design and the suitability of the equipment. (3) All materials specified on any City project shall be in accordance with City, ASTM, ACI, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five Agreement for Professional Services,Page 3 (5) years of proven experience in the field, and such satisfactory documentation has been approved by the City's Representative. (4) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations, including the Texas Accessibility Standards. (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or Consultant if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. (6) Consultant agrees the services it provides as an experienced and qualified architect engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports,preparation of drawings,the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable,Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. (8) Consultant has no control over the cost of labor, materials, equipment or services furnished by others,other than its subconsultants. Data projections and estimates are based upon Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. (9) Consultant shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software versions used shall be compatible to current City standards. Other support documents, for example, structural calculations, drainage reports and Agreement for Professional Services,Page 4 geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the City in PDF.TIF format. 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Consultant's obligation to render services specified in Exhibit "B" will be for the entire period necessary for the final completion of the construction of the Work. If the Consultant contributes to any delay in the schedule,Consultant will have no right to seek and shall not be entitled to any additional compensation. 7. Instruments of Service Upon execution of this Agreement, Consultant grants to the City an ownership interest in the Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's consultants consistent with this Agreement. As noted in Articles 5 and 11, Consultant shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration,and/or repairs of the Project. As a condition to the City's use of the Instruments of Service, the City hereby expressly agrees to remove Consultant's name and all references to Consultant and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. 8. Insurance and Bond Requirements Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants,agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 1. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products &Completed Operations Aggregate: $2,000,000 ■ Personal &Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 Agreement for Professional Services,Page 5 ■ Fire Damage$500,000 ■ Waiver of Subrogation required ■ Coverage shall be broad form ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. 3. Errors and Omissions ■ Limit: $1,000,000 for this project ■ For all architects, engineers, andlor design companies ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Proj ect. ■ Waiver of Subrogation required. 4. Workers'Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of A:VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. 5. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. Aereement for Professional Services,Page 6 6. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 9. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON,FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT,CONSULTANT UNDER CONTRACT,OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL Agreement for Professional Services,Page 7 INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof,for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties)and any loss of or damage to property(whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims,demands,and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to,the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; Agreement for Professional Services,Page 8 (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten(10) days after receipt of the notice of termination,Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Books and Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. Consultant shall keep and maintain under Generally Accepted Accounting Principles or Government Accounting Standards Board standards,as applicable,full,true,and complete records necessary for fully disclosing to the Texas General Land Office("GLO"),the Texas State Auditor's Office, the United States Government, and or their authorized representatives sufficient information to determine Consultant's compliance with this Contract and all applicable laws, statutes, rules, and regulations. 13. Inspection and Audit (a) All records related to this Agreement, including records of Consultant and its subcontractors, shall be subject to GLO Administrative and Audit Regulations. Accordingly,such records and work product shall be subject, at any time,to inspection, examination, audit, and coping at Consultant's primary location or any location where such records and work products may be found, with or without notice from the City, GLO, or other government entity with necessary legal authority. Consultant shall cooperate fully with any federal or state entity in the conduct of inspection, Agreement for Professional Services,Page 9 examination, audit, and copying, including providing all information request. Consultant will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) Consultant understand and agrees that this Agreement is a subcontract under a GLO grant award to the City and that the State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under a grant award, or indirectly through a subcontract under the grant award. Acceptance of funds directly under the grant award or indirectly through a subcontract under the grant award acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, any entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States,the Government Accountability Office, the Office of Inspector General, or any authorized representative of the United States Government shall also have this right to inspection. Consultant shall ensure that this clause concerning the authority to audit funds received indirectly by sub-subcontractors through Consultant and the requirement to cooperate is included in any sub-subcontract it awards. (c) Consultant will be deemed to have read and know of all applicable federal, state, and local laws, regulation, and rules pertaining to the Work. (d) At any time, the GLO may perform, or instruct a third party to perform, an annual Program-specific, fiscal, special, or targeted audit of any aspect of Consultant's operation. Consultant shall maintain financial and other records prescribed by the GLO or by applicable federal or state laws, rules, and regulation. 14. Period of Retention All records relevant to this Contract shall be retained for a period of three(3) years subsequent to the final closeout of the overall State of Texas Community Development Block Grant-Mitigation program, in accordance with federal regulation. The GLO will notify all Program participants of the date upon which local records may be destroyed. 15. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. 16. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so Agreement for Professional Services,Page 10 contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty(60)calendar days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. 17. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty(30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. 18. Verifications The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and c. the Consultant does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 19. Reputation in the Community Consultant shall retain a high reputation in the community for providing professional architectural/engineering services. Consultant shall forward a copy of any current petition or complaint in any court of law which(a)asserts a claim for$50,000 or more for errors or omissions in providing architectural iengineering services and/or (b) seeks to deny Consultant the right to practice architecture.'engineering or to perform any other services in the state of Texas. 20. Payroll and Basic Records a. Consultant shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three(3) years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Agreement for Professional Services,Page 11 b. Consultant shall make the records required to be maintained under the preceding subsection(a)of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen (15) days of the City's request therefor. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. 21. Procurement Consultant must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules. Failure to comply with 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules could result in recapture of funds. Consultant must confirm that its vendors and subcontractors are not debarred from receiving state or federal funds at each of the following web addresses: a. the Texas Comptroller's Vendor Performance Program at https:llcomptroller.texas.�),,ovlpurchasin�= ; and b. the U.S. General Services Administration's System for Award Management at https:.:www.sam.gov i. 22. Conflict of Interest a. Consultant shall abide by the provisions of this section and include the provisions in all subcontracts. Consultant shall comply with all conflict-of-interest laws and regulations applicable to the Program. b. Consultant shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. 23. Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: a. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion,or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Agreement for Professional Services,Page 12 b. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c. Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. Consultant will include the provisions of the Paragraph 23 in every sub-subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or purchase order as the administering agency may direct as a means of enforcing such Agreement for Professional Services,Page 13 provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 24. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 25. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail,postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Freese and Nichols 10497 Town and Country Way Suite 500 Houston, Tx 77024 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 26. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. Aereement for Professional Services,Page 14 27. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 28. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 29. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements,either whether written or oral,on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 30. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 31. Headings The headings used in this Agreement are for general reference only and do not have special significance. 32. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 33. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 34. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he:she represents. Agreement for Professional Services,Page 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of , 20 , the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney CONSULTANT: Freese and Nichols (Company Name) (Signature) (Printed Name) (Title) Agreement for Professional Services,Page 16 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared in his/her capacity as of , on behalf of such ❑ known to me; ❑ proved to me on the oath of _ ; or ❑ proved to me through his/her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of , 20_ Notary Public in and for the State of Texas R:Karen Anderson CONTRACTS.COB Consulting Services Agreement(Fdlable).doc Aereement for Professional Services,Page 17 City of Baytown, TX Version: 06-28-2022 EXHIBIT A B E T T E R BAYTOWN SCOPE OF SERVICES FOR West Texas Avenue Drainage Improvements Exhibit A Page 1 of 16 City of Baytown, TX Version: 06-28-2022 EXHIBIT A-SCOPE OF SERVICES ENGINEERING DESIGN SERVICES FOR WEST TEXAS AVE DRAINAGE IMPROVEMENTS PROJECT Project Description: The West Texas Avenue Drainage Improvements Project(project) is located in the City of Baytown, within the Goose Creek watershed of Harris County, Texas. The project limits consist of the two-block area of historic downtown Baytown, generally defined by the area bound by W Defee St on the north, W Texas Ave on the south, N Whitting St on the west, and N Jones St on the east. The current land use in the area is a mix of commercial and residential. The stormwater drainage system is curb and gutter with storm sewer. Project Understanding: Freese and Nichols, Inc. (FNI) was retained by the City of Baytown (City) to perform engineering design services related to delivering drainage improvements in the project area. The project will also include reconstruction of streets, curb and gutter, sidewalks, streetscape improvements, and necessary public and franchise utility adjustments. The project represents a downstream continuation of drainage and streetscape improvements along W Texas Ave(N Jones St to N Ashbel St)implemented in 2009 and 2015. FNI will perform engineering design services in four(4) phases: Phase 1 -Preliminary Engineering Report(PER) and 30% Design Plans Phase 2—Final Design Phase 3—Bid Phase Phase 4—Construction Phase Exhibit A Page 2of16 City of Baytown, TX Version: 06-28-2022 LPRELIMINARY DESIGN 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 Kickoff Meeting -Attend initial kickoff meeting via teleconference (or at the project site)with the City and subconsultants to discuss project objectives, scope, schedule, deliverables, criteria, and other critical items. FNI to receive notice to proceed from the City, if not previously issued. 1.2 Design Progress Meetings-Attend up to five(5) project progress meetings with the City(and subconsultants as necessary), including PER submittal review meeting. 1.3 Routine Project Controls-Administration of the contract, preparation of invoices and progress reports(City template to be provided), and coordination with the designated grant administrator. Implement quality review program and perform QA/QC activities. Project management and coordination of FNI task leads, engineering disciplines, and subconsultants. 1.4 Quality Assurance/Quality Control(QA/QC)- FNI shall engage senior staff to perform detailed QA/QC reviews of the PER and supporting documents including all recommendations. 2.0 DATA COLLECTION AND REVIEW 2.1 Project Information -Collect and review information to be utilized for design of the project, including record plans for the subdivisions, public and private utility maps, and adjacent on-going or planned projects (supplied by the City). Review the City's master drainage plan, current design criteria, and confirm all entities having jurisdictional authority over the project, including review, approval, and permits(in coordination with the City). 2.2 Design Team Field Visits- Perform one(1)field visit with the FNI team and take current photographs of the project area. As applicable, note visible horizontal, vertical, and overhead infrastructure requiring relocation or other conflict resolution measures. Note existing public or private utilities to be relocated prior to construction or protected/maintained during construction. Note existing encroachments into public right of way or easements, including private irrigation systems, fences, mailboxes, etc. to be relocated prior to construction or protected during construction. 2.3 Boundary and Topographic Survey—MBCO Engineering & Surveying (MBCO)will perform Category 1B Condition III Standard Land Survey and Category 6, Condition II Topographic Survey along the project route. MBCO's scope includes the following tasks: 2.3.1 Set primary GPS horizontal and vertical control points based on North American Datum of 1983 (NAD83), Texas Coordinate System South Central Zone No. 4204, and North American Vertical Datum of 1988 (NAVD88, 2001 Adj.) Geoid18 and tied to Harris County Flood Control District benchmark system. 2.3.2 Perform boundary survey for the existing right of way and boundary of the project area. Research and recover sufficient property record information necessary to establish the existing right of way and boundary of the project area. Exhibit A Page 3of16 City of Baytown, TX Version: 06-28-2022 2.3.3 Perform topographic survey meeting the standards of the Manual of Practice for Land Surveying in the State of Texas, including: • Project limits for W Texas Ave, W Defee St, N Whiting St, N Pruett St, and N Jones St right of way to right of way plus 5-ft on each side with an extra 5-ft within driveways, and 50-ft beyond intersecting, beginning, and ending streets. • Locate all visible above ground improvements within the project area, including natural ground elevations, roadside ditches, all structures, edge of paving, manholes, inlets, fences, gates, culverts, curb and gutter, driveways, bollards, landscaping, tree pits, above ground utilities, etc. • Collect survey data to show the face of buildings within 15-ft of the right of way. • Acquire finished floor elevations (FFE) or threshold elevations of buildings immediately adjacent to the right of way along W Texas Ave, N Whiting St, and N Jones St. • Provide inverts on all accessible storm and sanitary sewer manholes and inlet structures within the project limits, and provide a coordinate and invert for nine (9) additional offsite storm structures to be coordinated with FNI. • Survey the location of any underground utility paint markings or flags provided by others. • Provide Midtown Engineers LLC (Midtown)the surveyed utility data including appurtenances, paint marks, and pin flags in .DWG and .CSV files. Midtown will combine the survey information with record drawing data into the survey drawing. • Coordinate with Midtown to show all underground utilities on the survey. Midtown is responsible for signing and sealing the location of underground utilities. • Submit signed and sealed boundary and topographic surveys in .PDF format, control maps with index sheet and details of each primary control point,AutoCAD Civil 3D .DWG file of topographic survey, point file in standard ASCI (P,N,E,Z,D)format, and .XML surface file. 2.4 Geotechnical Investigation-Geotest Engineering, Inc. (GEI)will perform geotechnical investigation to evaluate soil and water level conditions along project alignments to provide geotechnical recommendations for the project. GEI's scope includes the following tasks: 2.4.1 Coordinating with utility locators to get areas for the proposed borings cleared. 2.4.2 Perform pavement coring to verify existing pavement thickness and for bore hole access. Grout all bore holes with non-shrink cement bentonite grout after completion of drilling and water level measurements. 2.4.3 Drilling and sampling two(2) 15-foot deep borings for drainage improvements near the intersections of W Defee St at N Whitting St, and W Texas Ave at N Jones St. Exhibit A Page 4 of 16 City of Baytown, TX Version: 06-28-2022 2.4.4 Drilling and sampling two (2) 30-ft deep boring for potential future traffic signals near the intersections of W Defee St at N Pruett St, and W Texas Ave at N Pruett St. 2.4.5 Perform appropriate laboratory tests on selected representative samples to develop the engineering properties of the soil. 2.4.6 Perform engineering analyses to develop geotechnical recommendations for the open cut excavation to place proposed utilities, including excavation stability, bedding and backfill, groundwater control, traffic signal foundations, and other construction considerations. 2.4.7 Submit a geotechnical investigation report containing a plan showing the locations of the borings and engineering recommendations. 2.4.8 Coordinate with surveyor to locate bore holes at completion of drilling. 2.5 Subsurface Utility Engineering (SUE)—Midtown Engineers, LLC (Midtown)will perform SUE along the project route. Midtown's scope includes the following tasks: 2.5.1 Review available franchise utility records to identify current locations of existing franchise utilities and non-open flow facilities. Evaluate other available resources and field observations to obtain additional information relating to the existence of franchise utilities within the project limits. 2.5.2 Perform utility coordination with franchise utilities to determine guidelines and procedures associated with SUE on respective facilities, including relocation to clear conflicts with the project. 2.5.3 Perform Quality Level B (QL B) SUE on traceable franchise utility facilities that fall within existing project right of way. 2.5.4 Perform QL C SUE on non-open flow facilities that fall within the existing project right of way. 2.5.5 Coordinate with MBCO to supplement topographic survey and obtained QL B locations, and verify existing utilities are shown in the project topographic survey. 2.5.6 Complete all SUE per ASCE 38-02 criteria. Submit all utility record drawings acquired and the existing utility base map with all franchise and non-open flow utilities. Deliverable will be co-sealed by MBCO and Midtown for respective tasks performed. 2.6 Tree Inventory &Analysis-C.N. Koehl Urban Forestry, Inc. (CN Koehl)will perform urban forestry consulting services for the project. CN Koehl's scope includes the following tasks: 2.6.1 Provide technical assistance for tree preservation and protection within proposed construction areas of the project. 2.6.2 Perform site visit to evaluate species, size, condition, and preservation feasibility of each tree located along the project route. Evaluate existing trees to ensure existing trees are in a condition that warrants tree protection. Exhibit A Page 5of16 City of Baytown, TX Version: 06-28-2022 2.6.3 Review preliminary aspects of the construction activity adjacent to each tree to determine impacts on long term tree survival, each tree's structural integrity, and measure that will be needed to ensure long term tree survival for trees to be preserved. 2.6.4 Provide findings and recommendations to be incorporated into preliminary engineering report. 2.7 Public Engagement—Alvin Wright Communications(AWC)will perform public engagement for the project. AWC's scope includes the following tasks: 2.7.1 Create comprehensive communication plan, identify stakeholders, develop project data sheet, and project promotion strategy for all project phases. 2.7.2 Post and update project information to Baytown Engage and social media platforms used by the City, including translation services, printing, reproduction, exhibit boards as applicable. Up to three(3) updates during preliminary engineering. 2.7.3 Collect and compile feedback from public engagement efforts during preliminary engineering phase. 3.0 PRELIMINARY ENGINEERING REPORT(PER) 3.1 Roadway Geometric Feasibility Analysis 3.1.1 Prepare preliminary typical section alternatives for W Texas Ave, W Defee St, and cross streets. 3.1.2 Investigate potential street diet along W Defee St to provide ADA compliant access and pedestrian elements. 3.2 Hydrologic and Hydraulic(H&H)Analysis 3.2.1 Existing Conditions—Develop and execute a stormwater drainage system model to determine existing condition H&H for an array of storm events. 3.2.2 Alternatives Development—Develop up to three(3) drainage system improvement alternatives for consideration, based on the following assumptions: • H&H analysis will utilize tailwater condition from existing outfall at Goose Creek and proposed drainage improvements will be recommended within project limits. • Proposed improvements cannot result in increases in water surface elevation (WSE) on upstream and downstream, interconnected, storm sewer branches. • Project objective is to reduce the risk of structural flooding within the project limits. • Ultimate performance of the proposed storm sewer system will be constrained by the limited delta between Top of Curb (TOC) elevation and Finished Floor Elevation (FFE)of adjacent structures. Controlling FFE will be identified. Exhibit A Page 6of16 City of Baytown, TX Version: 06-28-2022 • Because the project is approx. 1,500-LF outside of HCFCD right of way, and no work is proposed within HCFCD ROW, the project does not fall under HCFCD PCPM Area Covered by Policies, Design Criteria, and Procedures. 3.2.3 Recommended Alternative-Meet with the City to review alternatives developed and present recommendations. The one(1) alternative selected by the City, based on the outcome of the meeting, will proceed to proposed conditions H&H modeling. 3.2.4 Proposed Conditions-Develop and execute a proposed stormwater drainage system model to determine the optimum storm sewer and inlet configuration that reduces the risk of structural flooding based on controlling FFE. 3.2.5 All H&H analysis will utilize NOAA Atlas 14 Volume 11 rainfall values. Evaluate for the 100-and 3-yr[1% and 33% annual exceedance probability] storm events. 3.2.6 Elevations for the analysis will reference NAVD88 (2001 Adj) Geoidl8 and tied to HCFCD benchmark system. 3.2.7 Infoworks Integrated Catchment Model (ICM)or XP-SWMM will be used for model development and enclosed drainage system analysis capabilities. 3.2.8 The most current LiDAR topographic information, in conjunction with route topographic survey information will be utilized for H&H model development. 3.3 Streetscape/Landscape Architecture 3.3.1 Research previous project as-builts and research site furnishings from previous downtown improvements. Research and contact site furnishing and lighting vendors to determine if the previous equipment is still in production. If not, seek"or-equal" alternatives for the City to consider. Prepare imagery boards for the preferred site furnishings and site lighting. 3.3.2 In coordination with the Roadway Engineer, prepare plan options and typical sections of the roadway cross section and pedestrian areas. Indicate general locations and types of specialty paving and site furnishings proposed in the project area. 3.3.3 Prepare plan indicating proposed landscaping opportunity areas, tree wells and turf limits. 3.3.4 Identify accessible ramp reconfiguration locations from the previous W. Texas Ave improvement projects outside the current project area. 3.4 Traffic Engineering 3.4.1 CJ Hensch&Associates Inc(CJ Hensch)will obtain traffic counts at the following intersections to assist in performing a signal warrant analysis to remove signals along N Pruett St at W Texas Ave and W Defee St. A. W Texas Ave @ N Pruett St B. W Defee St @ N Pruett St Exhibit A Page 7 of 16 City of Baytown, TX Version: 06-28-2022 C. W Sterling Ave @ N Pruett St 3.4.2 FNI will perform signal warrant analysis to remove signals along N Pruett St at W Texas Ave and W Defee St. 3.5 Deliverables 3.5.1 Based on the investigation and findings through the preliminary design phase, FNI will prepare an Engineer's Opinion of Probable Construction Cost(OPCC) utilizing unit prices from recent construction bid documents for projects in the region. 3.5.2 Based on estimated quantities used to compile the OPCC and recent contractor production rates, FNI shall prepare a preliminary Construction Timeline Determination using Microsoft Project. 3.5.3 Report documenting preliminary design activities and 30% schematic design plan and profile. including existing utilities and critical locates. FINAL DESIGN 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 Design Progress Meetings -Attend up to seven (7) project progress meetings with the City(and subconsultants as necessary), including 60%, and 90% submittal review meetings. 1.2 Routine Project Controls-Administration of the contract, preparation of FNI invoices and progress reports, and coordination with the City's designated grant administrator. Project management and coordination of FNI task leads, engineering disciplines, and subconsultants. 1.3 Quality Assurance/Quality Control(QA/QC)-FNI shall engage senior staff to perform detailed QA/QC reviews of the plan set and supporting documents for all client deliverables. In addition to QA/QC reviews, FNI will also submit their plan sets and supporting documents for constructability reviews prior to each milestone deliverable(60%, 90%, and 100%) 1.4 Technical Review Committee(TRC) Meeting-Attend the final meeting with the TRC which will consist of: • Review of project and solution • Review of the plans and basis of design • Designed systems (roadway, storm, bridge, landscape, pedestrian facilities, etc.) • Review of constructability • Review of key specifications Exhibit A Page 8 of 16 City of Baytown,TX Version: 06-28-2022 • Review cost estimate • Review bid items and bid proposal • Review schedule for advertisement and bid phase 2.0 ROADWAY DESIGN 2.1 Based on the proposed project selected from the PER, FNI shall provide the following deliverables: 2.1.1 Typical sections 2.1.2 Removal Plans 2.1.3 Roadway Plan & Profiles (1"= 20' scale) 2.1.4 Intersection Layouts 2.1.5 Cross Sections (25-ft Intervals) 3.0 DRAINAGE DESIGN 3.1 Drainage Area Map-Generate drainage area map based on H&H analysis from PER and include in final design construction documents. Include drainage area and flow at inlet-level, and node- link symbology. 3.2 Storm Sewer Layout-Configure storm sewer, inlets, and manhole layout in plan and profile with respect to identified constraints. Show 3-yr and 100-yr storm HGL. 3.3 H&H Final Model- Finalize preliminary design H&H model based on 90%final design. 4.0 STREETSCAPE/LANDSCAPE ARCHITECTURE 4.1 Urban Forestry—CN Koehl will perform final design field evaluation to determine specific impacts of proposed construction and the preservation feasibility of each tree. Confirm the surveyed location of each tree and approximately locate trees that may be impacted that were not captured by the surveyor. Evaluate proposed construction activity adjacent to each tree to determine impacts on long-term tree survival and structural integrity. 4.2 Tree Preservation Plan—CN Koehl will perform preliminary and final evaluation at 60% and 90% final design milestones to determine treatment for each tree. A treatment schedule will be developed showing assigned identification number, species, diameter, condition, and recommended treatment. Each tree adjacent to construction activity will be evaluated to ensure that construction activity will not destroy the structural root system such that the tree becomes unstable. Recommend protective treatments such as zero curb cutback, maximum sidewalk slope, alternative sidewalk surface, protection fencing, and root pruning trench. 4.3 Based on the preferred alternative(s) selected from the PER, FNI shall provide the following deliverables: Exhibit A Page 9of16 City of Baytown, TX Version: 06-28-2022 4.1.1 Tree Preservation Plan 4.1.2 Planting Plan 4.1.3 Irrigation Plan 4.1.4 Specialty Paving/Hardscape Plan 4.1.5 Site Furnishing Plan 4.1.6 Specifications and Details 5.0 TRAFFIC CONTROL/CONSTRUCTION PHASING 5.1 Develop a complete Traffic Control Plan (TCP), including appropriate specifications, general notes, and traffic control construction cost estimates. 5.2 Show detailed construction sequences and necessary traffic control phases, including barricades, signing, striping, delineation, detours, temporary traffic signals, and other devices to protect the traveling public and provide safety to the construction site. 5.3 Objective of the TCP is to provide the least inconvenience to the traveling public that is consistent with expeditious completion of the project. 5.4 Construction sequencing and TCP will follow general traffic engineering principles and practices governing traffic control during construction as prescribed by the Texas Manual on Uniform Traffic Control Devices (TMUTCD)and City requirements. 5.5 Evaluate existing ingress and egress locations and incorporate access management plan that considers pedestrian, handicapped, bicycle, and vehicular travel needs. 5.6 Construction sequence and phase design will seek to minimize disruption to the community as much as feasibly possible. Design consideration will be given to bus routes,school zones, mailbox access, mail delivery routes, and solid waste collection routes. However, the City understands some disruption is inherently part of large capital improvement projects and a robust communications plan, with coordination between the City, constituents, and the construction contractor is advised. 5.7 Coordinate with the City regarding standard project approach signage. 6.0 STREET LIGHTING 6.1 Illumination Levels and Design Approach-The intent of the illumination design will be to illuminate the W Texas Ave project roadways.The pole and fixture mounting height will be specified to match the adjacent Town Square fixture standards. Fixture spacing and location will be similar to the Town Square spacing and adjusted based on site specifics based on basic photometric calculations and for utility and other conflicts. 6.2 Power Design Approach-The power design for the project area will include the design for the electrical distribution system for the lighting system described above. There will be a minimum of Exhibit A Page 10 of 16 City of Baytown, TX Version: 06-28-2022 one (1) electrical utility service location and a maximum of two(2) electrical service locations. Circuiting between fixtures from the utility service enclosure will be underground conduit. 6.3 Code Compliance and Manuals-The illumination design will be in accordance with City standards. The electrical distribution for the roadway illumination, including electrical details,will comply with codes and ordinances appropriate to the context of the project. FNI will discuss with the City and proceed accordingly. 6.4 Public Safety and Security-The roadway illumination levels and uniformity ratio will consider public safety and security in compliance with applicable codes. Analysis includes gathering pertinent field data, computer modeling of roadway illumination, and writing project specifications. 7.0 UTILITY COORDINATION & RELOCATION 7.1 Quality Level A(QL A)—When authorized, Midtown will perform QL A SUE evaluation to determine appropriate and critical locations for test holes. Coordination and recommendation of test holes will be performed in conjunction with the City, FNI, and franchise utility owner. Mobilization and performance of QL A test holes to identify X, Y, Z location of requested utility shall be outside the paving and accessible by vacuum excavation equipment. 7.2 Utility Coordination—When authorized, Midtown will perform conflict determination and mitigation support to clear all franchise utility conflicts from pending construction. Midtown will review project plans with each franchise utility and proposed franchise utility designs for verification of conflict mitigation. 7.3 CPE Secondary Power Drop—When authorized, Midtown will perform coordination and design support with CPE for installation of a new secondary power drop within the limits of the project for use by the City. 8.0 PUBLIC ENGAGEMENT 8.1 Final Design Townhall—AWC will coordinate public engagement townhall on behalf of the City at the 60% complete final design milestone, including translation services, printing, reproduction, exhibit boards, and mass mailers as applicable. AWC will support City to reserve space for the event. Up to one(1) update to Baytown Engage. 8.2 Post and update project information to Baytown Engage and social media platforms used by the City. Up to one(1) update at 90% complete final design milestone. 8.3 Collect and compile feedback from public engagement efforts during final design engineering phase. 9.0 GENERAL CIVIL AND DELIVERABLES 9.1 General Plan Sheet Production-Prepare construction documents (plans and specifications) in compliance with City of Baytown Design Criteria Manual(DCM), and applicable laws, codes, regulations in effect at the time of execution of this contract. The final construction documents will include at minimum items listed below: • Cover Sheet Exhibit A Page 11 of 16 City of Baytown, TX Version: 06-28-2022 • Sheet Index • General Notes • Project Layout • Typical Cross Sections • Survey Control • Demolition Plan • Grading Plan • Tree Protection • Traffic Control Plan • Drainage Area Map • Plan and Profile Drawings with Stationing • Intersection Details • Sidewalks, Traffic Signage, and Pavement Marking Plans • Standard Details • Project Specific Requirements, Details, and Notes 9.2 Specifications - Incorporate City standard specifications as applicable. Review each standard specification and supplement as necessary to suit project specific requirements and to meet the design intent of the project. Should the City standard specifications not meet the design intent of the project, FNI will utilize appropriate City of Houston, Harris County, or TxDOT standard specification. FNI will notify City PM should the need for non-standard specifications or supplemental specifications arise 9.3 Proiect Manual—Prepare final project manual to include specifications, bid forms, SWPPP manual, and bidder instructions or documentation applicable to the project. 9.4 Details- Incorporate City standard details as applicable. Review each standard detail and edit as necessary to suit project specific requirements and to meet the design intent of the project. Utilize appropriate City of Houston, Harris County, or TxDOT standard details when necessary. FNI will notify City PM should the need for non-standard details arise. 9.5 OPCC- Develop an OPCC with all bid items using City a-bid system, including quantities, unit of measurement, and unit price. Adhere to City master list of bid items when possible. Discuss need for non-standard bid items with City PM. 9.6 Schedule- Prepare an estimate of construction duration in calendar days. The schedule will be based on tasks, critical dates, milestones, and consider interdependence of construction activities and adjacent construction projects. 9.7 Compile milestone documents and provide two(2) sets of plans, specifications and estimates for review at 60% and 90%. This will also include written comments/resolutions to City revisions/comments. 9.8 Texas Department of Licensing and Regulation (TDLR) compliance review as applicable. 9.9 Storm Water Pollution Prevention Plan (SWPPP) in accordance with City criteria and other jurisdictional requirements. Exhibit A Page 12 of 16 City of Baytown, TX Version: 06-28-2022 9.10 Constructability-Conduct a constructability review of construction documents prior to submittal and develop a design concept to address project construction activities, including care and control of surface water and groundwater, mobilization needs (site access, lay-down areas, temporary construction easements), concrete operations for standard truck access and pumping, and earthwork activities (staging of haul-off trucks and proximity of disposal sites). BID PHASE 1.0 ADVERTISEMENT 1.1 Provide Notice To Bidders(NTB)to the City PM in an electronic form appropriate for the City a-bid system format. 1.2 Assist the City with advertisement and solicitation of construction bids via CIVCAST and up to two (2) other publications as determined by the City. 1.3 Reproduce and disseminate electronic bid sets to partner bidding agencies and to the City PM for coordination with Purchasing. 2.0 PRE-BID MEETING 2.1 Assist the City with securing bids for the construction of the project, including conducting pre-bid meeting. 2.2 Respond to requests for bid information and prepare necessary addenda to address issues or provide clarification necessary to complete the bid process. 3.0 EVALUATE BIDS 3.1 Attend bid opening and assist with creation of bid proposal in the format required for the City a-bid system. 3.2 Tabulate and evaluate the bids, including check for math errors and reconcile mathematical discrepancies per City guidelines, review for unbalanced bid items, review of contractor's financial standing and references provided, explanation of discrepancies between OPCC and bids. 3.3 Provide written recommendation for award to the City. 3.4 Attend City Council meeting and recommendation for award of contract for construction. 4.0 "AS-BID" CONSTRUCTION DOCUMENTS 4.1 Obtain copy of City's Notice of Intent(NOI)to award contract for construction. 4.2 Prepare conformed "as-bid" construction documents and transmit five (5) sets of project manuals ready for execution with the City's NOI. Exhibit A Page 13of16 City of Baytown, TX Version: 06-28-2022 5.0 PROCUREMENT This scope of work assumes standard procurement strategy and award to apparent low bidder. Should the City opt to procure via an alternative method, amendment to the task budget for final design construction documents will be required. 6.0 PUBLIC ENGAGEMENT 6.1 Post and update project information to Baytown Engage and social media platforms used by the City. Up to one(1) update pre-construction phase. 6.2 Collect and compile feedback from public engagement efforts during bid phase. CONSTRUCTION PHASE - V� 1.0 PRE-CONSTRUCTION MEETING 1.1 Attend the pre-construction meeting to provide information and answer questions. 1.2 Submit digital terrain model to contractor for use in validating earthwork quantities prior to construction. 1.3 Submit PDF of conformed plans and the executed project manual. 2.0 CONSTRUCTION MEETINGS 2.1 Attend up to ten (10) construction related meetings throughout the duration of the construction phase. 3.0 SITE VISITS 3.1 Perform up to ten (10) site visits during construction to verify the contractor follows contract documents. It is assumed that the City will monitor the daily progress of the construction. 4.0 CONTRACTOR SUBMITTALS AND RFIS 4.1 Review and comment on construction material submittals,requests for information(RFI),contractor proposals, and requests for change orders (RCO), including coordination with Construction Manager(CM) on proposals and change orders using the City's Pro-Trak system. 4.2 Provide interpretive guidance for contractor, CM, and City in resolution of problems. 4.2 CN Koehl will provide field layout of tree protection treatments and contractor assistance, including marking in the field the exact locations of tree treatments for placement by the contractor. 5.0 PUBLIC ENGAGEMENT DURING CONSTRUCTION Exhibit A Page 14 of 16 City of Baytown, TX Version: 06-28-2022 5.1 Post and update project information to Baytown Engage and social media platforms used by the City. Up to eight(8) updates during construction phase. 5.2 Assist with language for notice of construction disruption (door hand tags) and other communication to stakeholders during construction. 5.3 Collect and compile feedback from public engagement efforts during construction phase. 6.0 SUBSTANTIAL COMPLETION INSPECTION 6.1 Attend one(1)substantial completion inspection with City's CM or PM to review the progress of the work. 6.2 Substantiate items that are completed and assist the City in preparation of punch list items to be addressed by the contractor. 6.3 Issue certificate of substantial completion signed and sealed by engineer of record (design engineer)and final acceptance to City, including recommendation to accept the project and release final payment to the contractor. 7.0 RECORD DRAWINGS 7.1 Coordinate with contractor, CM, and Construction Inspector(CI)to obtain a complete record of as-built redlines documenting the contractor's record of field changes to the work in line, grade, and elevation. 7.2 Prepare and submit to the City a PDF file and AutoCAD DWG file of record drawings, including full size paper copy if requested by the City. FSPECIAL SERVICES 1.0 ARCHEOLOGICAL SERVICES 1.1 Desktop Cultural Resources Assessment—Terracon Consultants Inc (Terracon)will provide services to assist the City in evaluating and complying with federal and state cultural resource protections afforded by Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas as applicable. Terracon will prepare and submit a letter report to be used in coordination with the Texas Historic Commission (THC), and appropriate federal and state regulatory agencies, that includes a cultural resources desktop review for the project area. 1.2 Archeological Monitoring During Construction — If required by THC, Terracon will perform archeological monitoring during soil disturbing activities at the project area. 2.0 CONSTRUCTION MATERIALS TESTING (CMT) GEI will perform materials engineering services during construction of the project. GEI's scope includes the following tasks: Exhibit A Page 15 of 16 City of Baytown, TX Version: 06-28-2022 2.1 Portland cement concrete cylinders compressive strength testing per ASTM C39. 2.2 Liquid limit, plastic limit, and plasticity index of soils per ASTM D4318. 2.3 Determination of material finer than a No. 200 sieve in soils by washing per ASTM D1140. 2.4 Maximum dry density and optimum moisture content compaction properties of field soil using standard effort per ASTMD698. 2.5 Determination of optimum lime content by plasticity index method. 2.6 Maximum dry density and optimum moisture content compaction properties of treated soil using standard effort per ASTM D698. 2.7 Compressive strength of molded soil-cement cylinders per ASTM D1633. 2.8 Nuclear density gauge per ASTM D6938. L:\Chent\OLCR\Baaytown\2022_W Tex Ave Drain Improve\SCOPE_WTexAve_062822.docx Exhibit A Page 16 of 16 EXHIBIT B-LEVEL OF EFFORT[P1 OF 31 _ r15 []e41gn ftmijimy DealgnlTrafflc Control Cpnstruption I S1_netscapeN"andsca s Basle ar pn.sw»w imk - 1haaNs aystw ayww aers ar a.e,a� ...wrp uw w.en ,ern w.,. rcxvr rr.dw. en..n,wwn s....y u..v Task Descnptienspecial SA'ir T.dr.rrN i.r _OC s4,kaw 40N E_.r+_r _' E'ne,ar.n nr41p i T SA_ . 9c ..a L._e wws._aw $232 s200 6200 8f52 $200 3232 3152 1140 ;21$ (i54 f266 6265 st73 6152 ,PHA_ 1 PREi.kit MA"OSSION _ - — tAPfo edMana erR ._. -- - --r_." �._ i ---._-- --- __ �_ _�- -•---1--, Basic gckoN Meefin 3 I 3 Basic Deal Pro ass Meehn — _ _ -..._._..yw.".fl!"—_._0T(uP to 51 �_ 10_ t0 - _-�_ 8. Beslc RoWne Project Controlr a � i2...�- ""�`�__"_-_.�_"_-"""-"-_—i_""__"____._. ...� ___.__""_."."__"_ LLO Basic QAIOC 4 4 { 8 4 4 N 2.0 Date Collection a Review easse ro W Int r eh'o " _ • - 2�:- �• _ 4- _ I 4 �- 4_ wn �_ U Basic Field Visit 1 4 _ - 4 Boundary andTo r __eSw CBasiicc GelechnlcallnvestlyaUon[Geatpq, n-Basic SUE 6 Uhl Chord jhAJjdtcnwnj {• ' tLU Basic Tree Inventory B A!t!"s{CN KaaH = - T -t--"- J1 [Y"-----_ 4 Z + -_-__ . Basco - Public EngTgemenlLWC{ --'•-•----'-- -'_'-_ -_'-- --"------"_-- '-- -- ---- �_--- ' O _._ _ - l.O PEdimina R - - ty E^ rree!>.'i ep°d�"'.�_.."_.----L.T��.. - Basic Roadway AnalLrals � ""_._ 5 12..._ 12 - _ 40 Basic ,,MMH Ana s _ y._"_._ -._- -� _ Bask i --Existing Con4tions...._."...._. .�..--'---•.J _.........."_ 20 --- -..._8------' 72 .�! L-------_'--- -----�-_____f---_..--_'-'--_T-_- ..-._.__--_ Basic i A.Itematives Devel ment 30 - - 60 t ' Iiij O .__ nP--_.._._."_."".__ ........_.-... _-.."" -___" _.-_.- .. .. _.. .. .. ._ Basic :a's Preposed:Conditlont _ _ _ 72_ 8 120 -j'-"--- Of Basic j Street"a/;Landscape Mal"Hectare "_..___.. _;.-_-_".."" + __-�_•-. _, "..._. ....__ _i ".- - ..l" 2. 12 40-- O Basic TraISOEn ineerin �• _ r __ LL "_�_e___Q __-_-__".-_._._"._____L"__._ _"___""_".__..."" .-." ". .�. tLIL Basic � ' Traffic Counts CJ:Hensch � � I t LU ;r3Besk [n¢�Treffii Signal:Waaant Study � � � , 3 �. __.-. ..�-...._ ...".""___ --__ _..._ .. __-__-__"—__". ,_ .""__-_._ __ Basic .1S3r DeliveroWes 1 Y __ Ca i Basic-I _ Construction Time Delermination 1 _ 2 ; 2LL Basic Prelimin ,En neerinmg Report 8 12 - 16 _ -} 60 T Q . - .- _ .- _" _-- ___" __._.."_r _ "..""" --_""___ ten-- - PHASE2 A' E9 14 .-. -:.:; �.•E:r- - .. ,1:•- - i -_ - - -.. .. �... ?1.0 ProjadMaaagament. _ .I _.. i - ------- -."T.------ .i---"-_. _.:-`T-- -----� ---------'-- '- _� Basic Design Progress Meetings(up to 7) IS f 15 _ 4 _ Of Basic Routine Prayeet Controls � 6 � 28 �-.._.._ .. ....-"".""i .._-. lam•--_�--�Yr-- .. Q Basic OAIOC .... � � I 28 _--.-- �-.-._"__"� 32 4 = Basic_ Technical Review Committee Meeting ."""..."- .6... _."_. _."""..-_""_"__._ 6 "_"._._."._ _ - ..".._.__" - 6 Z 12.6 Rom Mnrt_Daig ..-----._.:TT~._. .. ....- --T•� ---- k:_.. - --1 .i.....'. -..� LL _ _ 1 B 8 24 Basic Typical Sections , Bask Demolition Plan 2 16 32 40 Basle Roadway Plan 5 Profile rid Sim Sewer SystemZ :: _-•_•__�----_--.__ L. 8 -12 65 80 Basic Inteneehon Layout •j i -----'"'-'•1 l ( 15 J2� _J2 ---••_ _ '__` ----••-�-_. ' -__...._. Basic Cross Sections tt ._ - _ "_ _... t- —t---�-I ._�_.17.0 OralnA Design __„--�. _.. -�—__ r 't 4 1 _-..._."_.. _Bask Drdne Area Mae __ 4 2: _ _ •----'------ --------_ -- u<r3 a •_ ---•-- ------ i' -•-----• - -Bask Storm Node-Link Layout".__"__""_"_"- _.._ ___" 3 Basic I '"'In Modal ! 10 8 /.O Streat4c /landscape lyddtecture _ __ Bas c Streebcape Uedg�"...----•-.....""..._ ---- I I ._._ Basic Tree Protection Plan CNK _ _ I____ I t F --I I Bas,c Landscape Irrigatio n�De'Sign(J Pdel-- ----_- _ "-�- - — 5i O Tram!ch�o—d/chnawatloe Ptisetng----- -----•--�__ --l_____ _ —_ ��_-- Basic TCPDelours,Se9uence50atells• ..___••- --_-_--___,-.__-L--r--•___- f 4 10 32 eo _.._-"__- I-----__-_-_----_---__•----_, Bask Si nOnEBPavementMarkingLarout 2 1 �6 2E - 50 I _ _ Bask New Service Bask Basic otometric calculations _ - ----p1--------------------------------... - -- -- —— —-- - -- -------- — -L—- --- — -- — - — ;'---- Basic 190Y.Submittal - -'" Basic FJechiwl circuiting and layout._-""".._." BasicI oAIQC .7tK Bask OPCC :. � —,1_-_,-•,• ,�__-,_ Basic •100 Submittdl "_" _-___"-_"_.-__"""_ ___".-_ ___.__ --._. __ .-._._ __.___. _ - ._ .-_-__--_ ."._..r .. a Photomehk rewdom � r _Bask ... El SA'kW_drwifing and Lout -:- _ i_ _ _i __. - L.__ '. P�LBeim c .`_ Bask OPCC ---" Wk 1 _".. -_ 7.0 Utll tj CooidnatiopAL" tIon------'- --'-- ---- --'-'--'---'- --'-'-- --'---.. -:-_ "' Special Franchise Util Relocatims Jdtowet •.`•« <,. - --••- 0.0 Pubic Engagement Special Publw Engagement ipd TownheAWCj _�_- ! _ - Y -- - - —"-- 9.0 6enerd CWY and DaOveiables _ _ r- 3t d_. y Basic Plan She el Production Basic _ Title Sheet ..-.".-.._.. Basic� Index of Sheets � 1 7 Basic Pro ect Layout 2 Bask edficaUons8 'I 1 8. Basic iPrc ct Manual 60%90%.Final 8 _ 6 "_32.__ r� -_f - -- --•" "-- "2 Basic-Detail. -- __ f 1. 8 -... .._ -•.-------r- - - Baalc OPCC 80%,90SL.81g0X 10 -- - 3- _ -_4_0 a_ ^60 _-_ 2 _ _2 4 _ Baalc Summargor Quantities 1 2 - 12 i,Sf%?6 I 2 4 Bask 'ConstmcbonTimelinei60%.90%.Finall 2 €---•- _---"-'-- s--"f- - - -e_ -'-F------�•-'•--- - -', _' _ .. - __ f Basic SWPPP .". •. !. - E- -..._ j __r,. Some Coristructabil'ty(60%.90%,Finale_ 4 f 8 - ! 90 1 fu _..... T PHASE 3 awpi ASB _ Special Adverbsemenl 2 1. _ _�___"3" _ �i'• 2 Special Pre-Bid Meetlny�indRFI.addenda.Md ocecs _" _".".8""..i""_". .[... _" 8 [ ..".•.5._ -. : ".1-'-----; .1 - -- --- ------------ 10 ------ ..� Special Evaluate Bids(ind evaluate and recommend award) 4 f".""_"__" _ _ 1 _ __..•{ _ -_-_-----""-_---- 4 Special.'AaBid'Construction Documents ""-.___."_ "_._�._._4".._.j_. ". _". """..." "_._ _ "".. _ _."..4 .. - ..i-0 .1.. 24 ...i"-".._ __._ 1- ._- ..___.. 4 Spedal Public Enga emenl[AWCj_ _ r I CON INC ON:PHAME _ - - - . Special q"ction Meefin 4 _ 4 4 P sal iPre-0o g .. ----___i_--'-' � ---' Special MontlilX Construction Meedn>r___1010) S `j r-'-'--'---:--.._f-ig---•'--------_-----_-"--- _-----_- __ --- - - --- 15 _... . Seedal iPeriodic Sita pals(uP to 10) """._-_.___._"-""� _.-_""-.�_-___ -" - ._""_ -1-. "__.._ ---L _L__ -� ___ _10_ S eaal6IContractor Submittals and RFIs 8 -to- --I- 2 20 10 Special Public Engagement AINC _ _-_ i__....— L_ _ "_.. i .". - -_� --- —' —--- ` — r — e > --- S edal iSubslanUd Completion Inspection " - Special.Recrordl�� pawin - -_ 4. {.___4. 20.. 40 a 12 8 octal FiedL DravACt4KL -- -----'--- - ------ ---------- -' -- - -- - - - - ---------. .. Special /4cheob9ica15urve�r _"" ""__..""-_"""_ LTerraconl 1 __�... Sp_edal AtchWhigcal Monitoring ens lmnl _- _Speclat Construction Materials Testing lGootestl Total Hours I Quantity 154 ~103 24 304 277 135 608 438 64 210• 1i 25 204 200 Total Effort s 35,723 s 21,600 s 4.800 s 46.205 s 56.400 3 32,016 s 77,216 s 61.320 s 12.525 s 38,640 S 3.724 s 7.445 6 35.292 S 30,400 1 ar 3 L 1Ckenn0LCA08aytow U022_W Ter Ave Oran ImPo TEE_Wr.M.3Phase_062822 dam 6r192022 EXHIBIT B•LEVEL OF EFFORT(P2 OF 31 Traffic Eng(naadnll I Gaalachnlcal I Utilities I Environrtwnsa swr w..2xv � o.nxs,. __ .� � _ Total Total Labor Bessie or Look OascHplicn ---- -- ----- •-•- --• -- - v,m,,,,r, rmeo.e.n Hours Effort Special Tav la.rl !_ _a.��r_ xr cos _ a.o•• aA f rrarwr oe rt_ iwr.e ...i.w 5232 V52 IN5 $200 s173 $175 11200 5266 I21z $232 sin 412i PKASE 1 P ELHMINARY OESIGV - ;1.0 Project Management.- - T Basic Kickoll Meeting .. .. 1 -__.-t_- _ .-__-._ ..__--__ _ - _ S_ 2.188 Basic J Rout nPQ fogies Meeols (up co 5; 2 _.-.-----._- _ --.- --- ---------- 30_ - 6,168 W Basic Routine Project Controls 2 ' 1 1 --•!•- � -----T -7------� ---------------- 72 S 6,177 = Bessie OA/OC _ S- ' _ 37 S 8638 12.O—O-ates Coll�eetianBR—wkxr .- _ _. _ -- _—_- s - . L_ Basic Project Information- 2 Basic Field Visit(1x 21 S /,_0 38 O 24 $ 1,136 N Basic Bounda andTo�a8r ieSuro IMCOI Basic Giolechnical Invest aben Geoscst Basic SUE B Uil Coact(Midto1 $ LLO Bess¢ Tree lnv�toryd Analysis(CN 1[eeN) -- -- -;---- - Basic 04 Public Engagement(AWCI $ _ d 3.0 PteIimin -En needng Report ---- ---- - --- --y S Z 8esic i Roadway McF/sia - T ..... ......... I 1 72 S 11,808-.---..- Q Bask HBH Analysis 1 -__-_.__-_ 1. .S basic ExistingConditions --------- Basicsic Alternatives Oevdopment -.. -..-- _-_-- --.-.-----. --.-- j, ------ - } -- -- ------ 90 S 15,120 Bask Proposed Ca clitoris _ ._,._.--..-` ... - _ _ _ - _ __ 160 $ 6 210 a Bask Streekeape J Landcape Arehttectwe j I I j 51 S 28 688 `• r Basic Traffic Engine_ering _ _ ----"T-- a_--- --1•-t•---1- ---_ _.___-_Fr--.. __ ._-__.- $ - Of Basic Traffic Counts CJ Hensch ---- ----- - -- --- _ - --- _ 1 LL Basic Traffic Signal Warrant Study ,_._-. 30 w ---- -.-�, t ----- -- --- ----— - —` - LL J3 S 13.6{0 i Basic Deliverehlea r I �-- ---- - --^�; �-----� `- ' - -- j W Basic OPCC _- __ 1 _ _�_4 f ]5 S 6 28{ 0 Basic Construction Time Determination O Basic Prellmina Engineering Re rl _ 7 g g " - ..-__.__ 96 f 16000 g PHASE!F_INAL DESIGN _- - -_,1.0 Project Management_. ..—_.- ___v-. ..-_ _--.I _.-_,_ .._ -. _ .t _ O Basic I Design Pro ress Meetings(u to 7) -,---_ -_•,- --. ,_-.---- .-_ ]T - - 1 ---;-------- I-- --_--" ]I S 7,172 Q Basic Roufine Project Controls �' --(------_i-; - "—' 1_-_ --F Base Gaec —.--- .-�-- - I -.� I {----- -�----�— I so $ 1�i.o32 Cr Bask TecMical Review Comm the Meeting y j -- -�-��-?.-.-�_--� --T •- ---� --- •-- 18 S 3,630 f 2.0 Roadway Design O Bess¢ Typical Sections ---- .I -- ------ -�--- -j1- S--6,632 - Beaic ! Demolition Plan ' _ _ _ _ - - --------------__r_--_`------_--^.-_.- _9g S 11t576 LL __ _ — Basic !- Roadwa�lan 8 Profile ind Stm Sewer System)._-___ . .81S 13,621 FQ- Besk Cross Sections ?; ( �'-`-- ---'—_- -----.__--•_-'__-_.'- _--.-_f_._-___-I 14 S i 1.Sei 0 i I3.0 Drain+9e Design _- S - Basic }--Drainage Area Map _—.. ._. . _ 11___-._—____ 1{ S 2,320 -__ _ _ Basic Storm Node•L.nk Layout - Basic HBH Final Model - +e -------- - -- - - - i ------- - -. _ _- _— —_ S 6.640 4.0 Streetuape/Lendaepe MchilacWre �1--- _ _ _ -- - _- Basic .Streebwee Design ._ 3i t _ 1—_—� - -.—. — —•--y------------- 1e $ 30.082 Bass iTree Protection Plan -__ } .._..-__._-__-._L,..,___-_l.---_-_�---_-_._._,:_.. ._.-__ . _ -._. - i Basic iLands'cepe Irrigation Design(J Pole; - --.— _ S.OTraffk Contrd/Construction Phesin f1_ - Basic TCP Oelourc Sequence 8 Details I t i 131_ S 20.656 ___._ _._.._._.- __.____.-.�-_-_-.._--- _ ____-__ _.__.____ -,_, _Basic Sign 8 Pavement Marking Layout �._..—.r...__.__. -1 ___. _.-___.- ___.L._. :-.____ Be_ S 1].512 Io fF---g1 RQ -------------- L-�— - �—---—` --� --7- — -- s . .sostreatu tin _ — Basic New Service UBL Ccordmahon I 10 __- _ ...._____ __. _....__.-__._._.__._.__....................... ........... j-.-..__I-.______.__-__._.______--__. . _ 11 $ 1,930 Basic Baalc pholometr c calculations 1 8 _T _ 9 S 1 584 Baac 90%Submittal ;. - -r- _ _ � ._ _?... -. .f. -.- } - �:�' _.., $— -__-_-__-_._•.____.__ _- __-.____-�___j__._.___- _ _ Basic Electrical circuiting and la out ,'- =2; 1- 8 - --- - - t^ � - - ---�--� 10 S 1 781 y -- —-- — T — —---i — L,--- Basic i OAIOC ;, - --- ----.. -_ Basic I OPCC - T+1_-t 1 `--'--""--__ t -}-f Ir _7i S 2 Basic 100•/.Submittal t4� ! r Basic Photometric revisions S'-- _f- e---- —.( - j-- — - ( - ;g I's 'Y _ 1 S 519 - ---- s-- ----- - 1 -- -- _-__- Basic Electrical arcwting and layout �.w'• a ( 1 -�f ?I ��, a'stir"� _ 1 S 692 Basic OA/OC a - _-? �.—�_—__.J.,__._.._� 1�•� _—i_`'` �` 10 S 1.78/ Basic OPCC _F' 31 3� 1 1 2 .P si 1„^ 3 $ 516 LO Utility Coordination 6 Relocation '� __: S - -- _ -- - ;- •. •_ - _ S _ S epal Franchise UGl Relocations Midtown)t�9>; "1 -'1.--_-�- _ Lr— - t-----) ----'- --Rf 8.0 Publle Engagement _Special Public Eng�ementind Toanha8 AWC( - 9.0 General Civil and Deliverables ----�—�—_ $ Basic -Plan Sheet Production a'h9-Y 1 -'.Fi S. __ } ..�I _ _ __ =r j.3 _i r $ Basm Title Sheet _ &'t f�T � -' f ). �T _- -� --v ! _I°fi 6 $ 911 8asic Index or Sheets _ t _ I I` r I j�' x r'3 -)£at 10 $ 1,/96 Basic Prajecl Layout 23 S 3,560 8aac Seacifications ]7 S 6,9a{ Basic Project Manual(60%90%Final ,k , r - -� -� --- _>', .}. r--' 60 3 10764 Basic Details i - _ j _ _---- _ i 9 S 1,118 Bass: .OPCC 160%.90%,&100%) -- --- r�-_ g _ -_- 1 -_- }_ - -� I _I�` _ 121 $ 21526 Basic Summary or Ouantities - — :' _ +, 11' _ i - I_ -_ rJ�-�, 27 $ /,282 Basic Construction Timeline(60%,90%,Final) 16 S 2 880 Basic TOLR +:' SI =(-.-- _ { S 608 �L Basic SWPPP l., . Boat ConsWcUbilt[y(60%90%,flnell � -}- - �C' -- ------ --�'+57. _ -- -- 112 S 212J6 PHASE 31 10 PHASE ' r - -- - - S. ... _. SPecsl Advertisement . 7 $ 1110 Spend Pre-B'd Meetingtnd RFl addenda brdprocessj__! _- `I '•_;_ �L -; __L _ 31 $ 63/6 Spepat Evaluate B ds i nil evaluate and recommend awed)_ __ I �I Special As-BSA'Construction Documents i --" (-•"�� !2 $ 2120 Special Public fii9anement jAWC] -_ __ S CONSTRUCTION PHASE _ .Pyy._ i 1 r +'e Special Pre-ConaWchon Meeting 12 9 2.420 Speed Monthly ConstructionMeetings,(up to 10)_ J �- j j w --- 13 S 8151 Speed Periodic Salem trt(upto to) _ _ _ !. ` -I r._-�,. ;_ _ - - 30 $ 6,730 s eci ftonbador Submittals and RFIs b -i E ,I - —i r _ I- _- _ 60 $ 11,62i Sedd Public Enga9ement(AWCj _ ... - SPedd fSubstanbal Com ellon Iminction - _ ,-} -i - Ij - f- 26 $ 5,701 Special Record&--." _ � 100 $ 16.360 Special Field Layout{CN3c( S - ,�/10DiTl(lHAI�,ERv�L@s_.-•--_..-....---'---.�_..- - - � 1 �_.... ..._L_.-- _ S Special Archedo'ealMonitor�(Tartaeon -_-.---.•-_� --...— ' _ I------ t [ -_ � - _ $ S add Cohstruetloh Matedah Testis-Geotest - r__--T----T- - _ A _ s� _ _ 1 S _ Total Hour!.!Quantity a 11 1 I 66_ to a a xalt Total Effort S 7 pee 5 6,232 S 141 s s50 6 2.1100 S 1,200 S 197 9a1 201 LIG arAOLCR08aytovmU022 W Tex Ave Oran lmwwe%FEE WrexAve 3Phase 062822Nsm 6/29/2022 EXHIBIT B-LEVEL OF EFFORT[P3 OF 31 Subconsu"ante TEffort ,Task Der.riplron Gealrst JamesPole C.NKOrM TV...on Midt.» MBCO CJHenrch AlvinWngMSpa,at {GeolCM71 Itnigstlon] if erestryl {Cuvyrall ISUE) [Survey) lTramcJ [Publ,elPHASE 1 R 0 Y D S46H Basic VJckoffMeeting = U-I -__ --_------.- _....-.�------.-..- : w Basic Routine Project Controh �- •� -- S - t 6.417 LU Sa_afc_. OA/OC _ _... $ S 8638 Z 2.0 Date Collection B Reriaw- - T - - - - '- _ f S Basic - --Pro ed Inrwmetiort S - S 4 038 O - - - ----- -- --- _....- - J-- -- -- Basic Field llsil 1 1.4I6 tlasic Boundary and Topographic Stwva_I�,IBC_.A-- _ _ _ 50,84n $ 55.924 f 55.924 Bostic Geotechnical Invest otiun Geo _ 12,649 -- - -_----' - S 13914 $ 13,914 LL 8a5ic SUE 8 Util Coord[Midt~j _ _ _ii. 10.782_ [ $ 37 878 $ 33,836 O tory Basic Tree Inven 6 Analysis ICN k E-EE- aeW _- _ - - 4,045- - _ _ $ 4,450 $ 5,142 ci Basic Public Engagement_ [AWCI --___-__-_. --- - -------_ -----T- i ! 4,740 S 5,214 S 5,214 n• 1.0 Preliminary Engineering RRe -'.t f =?• 0 - - -T- Z _Basic Roadway Andpsia _-.- -.___..L -___-- �•....-_ S $ 11.808 Q Eesic H6H Analysis ."•..__ __• .__.__. _ _ S - $ - c�'1 $alto -s-,Zng Conditlans Sr-.__.._ S - $ 16,544 O _Basle.._ --Atlemativea Development •.l- - --__,- I � ._.._J _ __-.__ S $ 15,120 .-r-.... _...... _ - --Conditions .. __.__-- .... rr _.-... _ ._.... S f 26240 8adc - Dowd .. .. - .._....-._ .-..-....-..]..... .. d Basic Streelscape/Landscape Architecture _ __ -- ----_ • --• _ _I s $ 8,688 Sa is'_ Traffic Eii neerin9-._...._ Ir 3 S S - Signal Warrant _ Traffic Counts ICJ Hensch _ _ I450 _ S 2.145 $ 2,145 O B_asic Traffic Signal SNdy _ _ _ S - $ 17,810 U- B asic Deliverables ------ ----. ..__. _..-_.- •r---- S _ S _ w c OPCC f 6.284 Basi O Bask Construction Time Determ nation 1 1 1 f _ f 2.408 m Basic Pregminary Eny ineerinq Report '-- -- --- -- -�� - - - - S S 18,000_ g _ PHASE 2FINAL DESIGNS:_ j LO Project Managemenf `'1 -;..--._ „ - Z LL Bamc Design Prop ess•Meetin u to? - -. -.-_ _- _ I, _ .-� -_ S - S 7.172 Basic Routine.Project Controls'? 6m;. �? T --- - - - - -_ f- -- $ - f 8.856 O k Basic OA/OC ,§7 _ _ _ _T` _ I s - f 17.032 Basic Technical Rw eayv Committee Meeting _ _ --Y •' - -• "1"� t S 3.630 f- • .0 Roadway Dedyn rt�.^-ti- -_.._. 2 ._.--�•,-_..-.=..._ .�_L_..-:`._...-.�.:. _. S-___ f. + .- •-` - Y _ ak Typical Sections•, p_ `3 � S - $ 6672 M 'Basic•1•_Demolition Plan. d . - S - $ "----•--�_-'_�-- �--_--�_-.-_-._. __ 9_ 14576 LaL $ 2, 0O 'Basic $ 5 Wsi-c-'1Interoee6on o S U,,624 ..__ _ -- - Basic tCross Sacuoni' $ 1 3 __ fg - tY Basic Drama elves MeJ^gs "$T'. i _.._._1___.________-____ ..._._. __t $ S 2,320 0 _ g _ _ __ ___Basic - Storm Node-LinkLayoN._ .__-.._}_._-___i- x____. 1. -E__.___ S f Lfi72 w -___ Basic 1 HBH Final Model 10 •r:' $ - S 6640 4.0 Stieetstsp6 f Landsc-pa a Arcliitedwe— 3 .-. .� r ��- ]}� - - f - ca StreeHwpe Desi�1 fi +' - $ -30 082 � Basic Basic iTrae Protewon Plen)_CNKJ ee - - .. I 4.500 E l _ $ 4.950 S 4950 Basic ILandaeepe Irnga6on Design 1j Pot 4 1 7,500 - 1 _ - S 8.25.0 S _8250 O T 50 Traffic Control 7ConmW=56,Phesi� . _ j -- [�- _ S f - Basic I TCPDetourc Sesuence,B.Details _ - - S S 20656 t- Balm i Signing 6 Pavement Meriting Layout _I I ^� _�---_-- � -!--•-•--- �--•--- S._ - $ 13 512 Badc New Serviee,Utll' Coor6nation _ --- 1 It ___ I _ S - S 1930 Basic Baa'cpnotorireine cdailations _ .`"". �.__.__..•1._..-.- ___--._...____.-._s.____-1._,_.____1-__ __I____.. _ S - S 1 584 -Basic �90FSuhmitW kTi' �' ----_z_ _ I -• -- _ $ - S - •Basle Eledntalbirwitng end l-eoul••--__-____Y---{�__ L _ S f 1 784 -tiaoc iri 1 T -- ---..... s $ 2114 _Basic ------ i ____--_-_-__•-_--•__- _ S $ 892 - BasW7WC&Submittal ->',� ..__.�_-•- _____.- 1 r - _i -_� S S - •.Basic-- .n°._.__�__- _ -.-_L _- S S_ 519 •-8aac FJectrical olrwfung_end ldlrouf-d-i'--- ----- - -_--- -- - - i _ _l_ $ - f 692 s 1784 oak GgIGCt a151*Fis ^ - K� S - S •Basic. 0PCCt '' -:u6r '9 - y. _I S is 546 7.0 Ulf Cowdna6en 3 Ralocetlon f C. ' ---y -- %.__._ 4 t _ f Special ,FranchiscUlilRdocationi 1Midtownj- - - - - 34,4241-•--- 1 - - -�y- f 37.866 $ 37.866 8.0 P,ubfc�} En ga9O?nmfe nl t dwTS Special m oRha-ll.],A�rWl,C-•]�' 11,250 Si_1_2,375_ f 12.7.7 5 �9.0OnraCrvsid rabl6-{ A � $Dlde a �- _Basic Plan'ShaetProduclion - st`v+>, _ •- �. _i _ _ m_tT- _ _ S $ - Basic Title Sheet am $ 944 Ba sic Index of Shi.RFZ-K. 3 _ 1 �F- i+ r_ S S 1 496 ?Basic Pro ecJ t La 66ut * +Y.r :lss"Yi•. T •_ ._ - '- _- j-� _ _� - - S f 3 560 Basic Spscifiwhona ? •,v- r _ ! ° -_�. _ i S - f 6984 _'__B..BBaaanssiicc y_�'TDonlsr—tln ict••o7_nT inid�ine,.(60-%-.9 0_-"__ �s T-- L.- - t - f 10 764 Basic DetaiisvTT3n $ $ 1448 Basic acc6oy9aa 0 _�-- -A T $ S 21526Basc Project Manual]6gb 906 Fnal)D ---- - - i c 1 - - $ $ 4282 % $ 2880 ric11._. S $ Basic Pi b 216 SwPP4 3Z?,,.. ..�.... _ _ _ _ - -_, S f 1216 Badc Conctiuoli6i 60%;90R;F.inal)r• $ $ 21 236 ,.- 3 1 1 P A - - •-.....--.-1--.--.-. -...._ ._-. .• 5 _ Stead]Advertisement -f;- -dam - 1 _ INA - �_ _ 1 _ 3 - $ 1410 S_�edal Pre-Bid Mea��ind RFI addenda bid process]. ---'•-�"- "L ' ____ _ t .� �I__ _ r ..1 _ _ S - $ 6346 :Bad Evaluate 8ids(ind'evaluate and recommend,awaard] _ __ j c� _ ( }I -� _ $ - $ 2 420 S_peaal As-Bid'ConsWctlon Dowmenla $ - $ 8820 SPeaal 1Puolic En aYement, WCj 465 S 512 S 512 _ NS RUCTION PHAS. - �al lPre-ConstructonMeetln _1 _ _ ___ S S 2426 Spedd Monts ConsWctlon MaeOng: up to 10j � -- _ t $ 8 45+ - i 7 -- .. .-- — -- --- ---- ...E-- }- -�L pSpedd Periodic Site Midd up to to s $ 5730 Special Contractor Submittals and RFIs _--T- _-j !`_--_i- f $ 1.1 624 ed_Spal Pubbe En a emeriti AWC A 4.920 S 5,412 S 5,112 Special Substanhal ComDleton Inapection - _ T t^ S - t 5.304 Sp-dal Record DramM �- Special Field 111 CNK1 4.000 {� :e $ 4,400 S. 4,400 yy S 1. pedd(Archeological Surway ITerfacon] 2,300., t S 2,570 S 2_530 _pedal IAreheological Monitwing_(Tertatonl -•_ 30,500 $ 73.550 S 33,550 -__ .. ._......_.. _ --. _-_ Spedall4Canstmcton Materials Testing IGeotestl 11:14 i __ ,_ _ _ S 16.207 f 16.207 i Y S S ___Total Hours/Guantg'$ 27,381_f 7,500 S 12$45 S 32.800 f 65,186 S S0A40 f 1,950 f 21,171 Total Effort 3 30.121 S 8,2S0 S 13.800 S 36.080 S 71,705 f 55.924 S 2.141 S 23,513 f 241 537 S 135118 3.11 L%C1..tWLCR181Baytavn12022_W Tea Ave Oran ImprovelFEE_W.A+ .3Phaae-062822 dam 629T2032 EXHIBIT C-SCHEDULE TYII'-'--�� _ !,;�j ' ;!;I� (. 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