No preview available
Ordinance No. 15,269 ORDINANCE NO. 15,269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.,FOR DESIGN SERVICES ASSOCIATED WITH THE GARTH ROAD WIDENING PROJECT; AUTHORIZING THE REALLOCATION OF FUNDING IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED AND NO"100 DOLLARS ($366,700.00)FROM FUTURE PHASES C,D AND E TO CURRENT PHASES A AND B; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN TO KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED AND NO 100 DOLLARS($366,700.00); 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 the First Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for design services associated with the Garth Road Widening Project. A copy of the amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes the reallocation of funding in an amount not to exceed THREE HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($366,700.00) from future phases C, D and E to current phases A and B for design services in accordance with the amendment authorized in Section I hereinabove. Section 3: That the City Council of the City of Baytown authorizes payment to Kimley-Horn and Associates, Inc., in an amount not to exceed THREE HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($366,700.00). 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 affirmative vote of the City Council of the City of Baytown this the 22n'day of November, 2022. �pYT04Yy NDON CAPEIILLOJMayor TEST: 10 ���•'� N ° t / sco ANGELA CKSON,6 rk>a£ APPROVED AS TO F RM: SCOTT LEMO D, City Attorney R:`.Karen Anderson\ORDINANCES\2022\2022.11.22 1stAmendment2PSAwithKHA4GarthRoadWideningProject.docx EXHIBIT "A" CITY OF BAYTOWN PUBLIC WORKS & ENGINEERING DEPARTMENT 2123 Market Street r'• Baytown,Texas 77520 BAYTOWN Professional Services Contract Amendment For Garth Road Widening Project Date of Issuance: 1 1/01/2022 Amendment No: 1 Consultant: Kimley-Horn & Associates, Inc Project No: RW 1901 PO#: 2101528 Explanation: This Amendment encompasses the following: The request is to reallocate $366,700.00 of previously allocated funding from future Phase C. D, and E work to the corresponding phases A and B. Within phases A and B, it is requested that $67,800 be reallocated from Task 16 — Right of Way and Easement Acquisition for Phase E to Task 17 —Temporary Construction Easement of Phase A and B. Description of Work: Cost Time —Reallocation of funds from futures phases C, D and E $-366,700.00 Days —Reallocation of funds to Phases A and B $ 366,700.00 Days —Task 16- Right of Way and Easement Acquisition Service $ -67,800.00 Days from phase E —Task 17- Temporary Construction Easement to phase A and B $ 67,800.00 Days Please attach back-up documentation: The additional scope of work and the schedule associated with the same, are attached hereto as Exhibit "A" and Exhibit"B" and incorporated herein for all intents and purposes.proposallscope attached, state date. Cost& Time Change Summary: Cost Time Original Contract: $ 7,988,900.00 Days Previous Amendment(s): $ 0 Days Contract prior to this Amendment: $ 0 Days Net increase(decrease) from this Amendment: $ 0 Days Revised Contract: $7,988,900.00 Days [Remainder of Page Purposely Left Blank] Design I of 2 D6.Revised 04/20 Consultant agrees to pet form clnange(s) included in this Contract Amendment for the puce and time indicated The prices for changes included all costs associated with this Contract Amendment. No wort:is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Unless a different meaning clearly appears from the context,words and phrases as used in this Amendment, the terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this Amendment and the Agreement and all previous amendments,if any,shall be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall control. This Amendment bas been jointly negotiated by the pail ies hereunder and shall not be coustrtied against a pary hereunder because that party may have assumed primary responsibility for the drafting of this Amendment. By this Amendment, the City does not consent fo litigation or suit, and the-City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Amendment,the Agreement or any othei contract or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign innnnuuity. The persons executing this Agreement hereby represent that each party has the Hull power and authority to enter into acid perform piusuuant to this Amendment. and that each has been properly authorized And empowered to enter into this Amendment. Upon execution by All parties, the follo,%Niag changes identified for the Contract Value andi-or Contract Time shown, Are made part of the Contract. APPROVED: APPROVED: By: C f 1� Date:08 NOV 2022 By: Date: Consultant RICHARD L.DAVIS.City Manager Cltns FrN smgel Printed Nano APPROVED AS TO CONTENT. Senior Vice President By: .. -: Date:11/10/2022 Title FRANK O.SINJONEAUX.JR.P E..PWE Duretor APPROVED AS TO FUNDING: By: Date: VICTOR BROWNLEES,Finance Director Design 2 of 2 D6. ReN iced 04i20 Kimlep Horn October 28, 2022 Mr. Frank Simoneaux, P.E. Director of Public Works and Engineering City of Baytown 2123 Market Street Baytown, TX 77520 RE: Professional Services Agreement City of Baytown—Garth Road Phase A to E Final Design Reallocation of Funding Request No.1 Dear Mr. Simoneaux: Kimley-Horn and Associates, Inc. ("Consultant") is requesting a reallocation of funding within the Garth Road Phase A to E Final Design Project(Purchase Order 2101528)in order to cover current and future overages on tasks associated with the Phase A& B Water and Wastewater Design and Phase A& B Roadway Design. The Consultant exceeded effort associated with Phase A& B tasks on Task 5, 12, 14, 15, and 17. Exhibit A is a breakdown of justification by task of the out of scope work and Exhibit B is the Level of Effort spreadsheet noting the hours and fee associated with the out of scope work to be reallocated to these tasks. The request is to reallocate $366,700.00 of previously allocated funding from future Phase C, D, and E work to the corresponding Phase A and B task. The only disparate reallocation is Task 17—Temporary Construction Easements where the effort required to cover the Phase A and B revised scope of work exceeds what is available in Phases C and D. Therefore, it is requested that$67,800 be reallocated from Task 16—Right of Way and Easement Acquisition for Phase E to Task 17 of Phase A and B. It is the intent for this to be a no cost amendment to the City. When the city decides to move forward with Phases C, D, and E, an amendment will be required to increase the scope and fees based upon the City agreed upon approach for these phases. We appreciate the opportunity to continue to serve the City of Baytown. If you have any questions or need additional information regarding this proposal, please contact me. KIMLEY-HORN AND ASSOCIATES, INC. Sincerely, A1' *nr Nicholas Beckman, P.E. Christopher V. Frysinger, P.E. Project Manager Senior Vice President Attachments: Exhibit A— Revised Scope of Services Exhibit B — Level of Effort and Reallocation Request EXHIBIT A— REVISED SCOPE OF SERVICES PROJECT BACKGROUND The City received grant funding from the federal government to improve Garth Road from IH-10 to SH 146 to reduce traffic congestion and improve vehicular and pedestrian safety along the corridor. The City has performed the Preliminary Engineering with TxDOT and is now moving into the final design phase. In the Preliminary Engineering phase, in order to meet drainage requirements by TxDOT and Harris County Flood Control District(HCFCD), the City needed to Phase the project. For the Final Design phase, the Garth Road Final Design project consists of six phases of improvement along Garth Road from IH-10 to SH 146 as follows and shown on Map 1 -Overall Garth Road Phasing Map: • Phase A-Reconstruction of Garth Road from IH-10 to Hunt Road • Phase B-Reconstruction of Garth Road from Hunt Road to Archer Road • Phase C-Reconstruction of Garth Road from Archer Road to North of Cedar Bayou Lynchburg Road • Phase D-Reconstruction of Garth Road from North of Cedar Bayou Lynchburg Road to North of Riceland Road • Phase E-Reconstruction of Garth Road from North of Riceland Road to South of Baker Road • Phase F-Reconstruction of Garth Road from South of Baker Road to SH 146. This scope of work is for the reallocation of funding for the work completed out of scope up to this date and expected to be complete for final design, bidding phase services, and construction phase services of Phases A and B. The effort in these categories generally includes additional scope needed for the project management, roadway design, drainage design, water and wastewater design, construction documents, and additional ROW Acquisition needs including additional document creation and Temporary Construction easements. As Kimley-Horn proceeds with the project, it is assumed that Phases C, D, and E will be compiled into one construction package. SCOPE OF WORK The Consultant and it's sub-consultants will provide the following scope of work: Grey=Work completed out of scope Task 1 -Program Management Per original scope. Task 2-Topographic Survey Per original scope. Task 3-Subsurface Utility Engineering (SUE) Per original scope. Task 4-Geotechnical Investigation Per original scope. Task 5— Roadway Desian Task 5A through 5K- Per original scope. Addition of Task 5R below: R. Sidewalk Exhibits. The City requested sidewalk exhibits be created for use by the City for public outreach for Phase A and B. Task 6—Drainage Design 'task 6A and 6C through K-Per original scope. Revision to Task 6B below B. Storm Sewer Design. Consultant will prepare drainage area maps, storm sewer plan sheets, profile sheets, and hydraulic calculation sheets to convey the 100-year. Plans shall include sizing, alignments, trunk lines, inlets,junction boxes, connections, manholes, utility crossings, hydraulic grade lines, laterals, outfall location and grading/protection requirements. a. TxDOT required a comparison between the City desired 100-year conveyance design and the TxDOT standard 10-year conveyance design with comparison Opinion of Probable Construction Costs(OPCC)to reflect the City's portion of the required upsize of the conveyance system. This was incorporated in the Phase A and B storm sewer design. Task 7—Water and Wastewater Design Task 7A through 7E-Per original scope. Addition of Task 7F and 7G below: F. Temporary Traffic Signal Design. The consultant will design a total of seven traffic signals, for temporary design as part of the water and wastewater advance work package. Below are the signalized intersection locations: a. Phase A and B i. Hunt Road—Phase A ii. Santavy Street—Phase B iii. W Archer Road—Phase B Design will consist of developing the temporary signal layout for span wire signal configuration using temporary wood poles, signal head configuration, electrical details, temporary signing and pavement marking layouts, temp signal standards, quantities and construction cost estimates, and specifications. The temporary traffic signal design will also include additional needed sheet for alt construction phases where a temporary signal design change is needed. Task 8— Franchise Utility and Gas Company Coordination Per original scope. Task 9—Landscape Architecture Design Per original scope. Task 10—Temporary and Permanent Signal Design Per original scope. Task 11 —Illumination Design Per original scope. Task 12—Traffic Control Task 12A through 12D- Per original scope. Addition of Task 12E below: E. Council Coordination and Exhibits: The City requested that the:Consultant prepare exhibits and attend City Council meetings to present the proposed TCP to a City Council workshop for Phase A and B. Task 13—Public Outreach Per original scope. Task 14—Construction Packa es Modification of Task 14 noted below Construction documents will be prepared as four(4)separate construction packages prepared with the corresponding phases shown on Map 1 —Overall Garth Road Phasing Map. The construction packages will be broken out as follows: • Construction Document Package 1 —Water and Wastewater Plans for hase A nd • Construction Document Package 2—Phases A and B • Construction Document Package 3—Phase C and D • Construction Document Package 4—Phase E These four packages will be compiled of the following documents: A. Water and Wastewater Construction Document Package 1 i. Cover Page ii. Sheet Index iii. General Notes iv. Project Control Sheets V. Typical Sections vi. Demolition Layout vii. Overall Utility Sheet viii. Water Plan/Profile ix. Wastewater Plan/Profile X. Wastewater Bypass Pumping Plan xi. Water and Wastewater Standard Details xii. SWPPP xiix---:' Temporary Signal Design B. Construction Documents (Packages 2. 3, and 4). The Consultant will prepare the following construction documents: i. Cover Page ii. Sheet Index iii. General Notes iv. Project Control Sheets V. Typical Sections vi. Pavement Cross-Sections vii. Demolition Layout viii. Paving Plan/Profile ix. Paving Details X. Signing and Marking xi. Drainage Area Map xii. Drainage Area Calculations xiii. Drainage Plan/Profile xiv. Drainage Laterals xv. Detention Pond Plan xvi. Culvert Crossings xvii. Drainage Details xviii. SWPPP xix. Traffic Control Plan xx. Landscape Plan xxi. Hardscape Plan xxii. Irrigation Plan xxiii. Temporary Signals xxiv. Permanent Signals xxv. Illumination Sheets C. Technical Specifications. The Consultant will compile City of Baytown, Harris County, HCFCD, and TxDOT standard technical specifications and prepare project specific technical specifications as required for the construction packages. D. Proiect Manual. The City will provide the Consultant with up front-end construction contract documents for the project manual. The Consultant will provide the bid form for the front-end documents and the Technical Specifications that supplement the front-end documents provided by the City. The Consultant will compile the Project Manual for City and TxDOT review for each construction package. • The City requested that the Consultant compile the Front-End documents to conform with the TxDOT LGPP process utilizing the TxDOT standard forms for Package 2 and to conform to the City standard for Package 1,which is outside the scope of the original contract. This effort included the review of go-by documents, two(2) meetings with the City for both sets of front end documents, and two(2)meetings with TxDOT to review the front-end documents for Package 2. E. Per original scope F. Per original scope G. Per original scope H. Per original scope I. Along with the 90% Construction Documents submittal to TOOT for Construction Packages 2, 3, and 4, the Consultant will provide a completed Texas Department of Licensing and Regulation (TDLR)application for review by the City. The Consultant will address City comments to the application and then submit the TDLR application for each roadway Construction Document Package for review in accordance with the Elimination of Architectural Barriers Act. The submittals will include the following: • 30% Review Submittal i. 30% Plan and Profile PDF Plan set for City and TOOT Review (as applicable). 1. 30% Submittal will include plan and profile alignment schematic for the Water and Wastewater Construction Package 1. 2. 30% Submittal will include the sheets from Task 14.B.i -iii; v; viii; A—xv; and xix for Construction Packages 2, 3, and 4. ii. 30% OPC PDF • 60% Review Submittal: i. 60% Construction Documents—PDF Plan set for City and TxDOT Review(as applicable) ii. Table of Contents of Technical Specifications(PDF) iii. 60% OPC PDF • 90% Review Submittal: i. 90% Construction Documents—PDF Plan set for City TxDOT, TCEQ, and TDLR Review(as applicable) ii. 90% Project Manual—PDF to include Technical Specifications and Bid Form, and Front-End documents(provided by the City) 1. The City requested that the Consultant compile the Front-End documents to conform with the TxDOT LGPP process utilizing the TxDOT standard forms for Package 2, which is outside the scope of the original contract. This effort included the review of go-by documents, two (2)meetings with the City, and two(2)meetings with TxDOT to review the front-end documents for Package 2. iii. 90% OPC PDF Final Submittal: i. Final Construction Documents—PDF Plan set for City and TxDOT Review(as applicable) ii. Final Project Manual —PDF to include Technical Specifications and Bid Form, and Front-End documents(provided by the City) iii. Final OPC PDF Task 15— Metes and Bounds and ROW Map Surveying Services Task 15 scope revised as noted below! Based on the Client and TxDOT approved schematic, through the surveying sub-consultant, Kuo, the Consultant will perform a boundary surveying scope of work that will include boundary surveying for preparing one hundred and twenty-five(125) parcel maps for the proposed roadway improvements along the Garth Road corridor from IH-10 to SH 146.The survey will comply with Category 1A, Condition 2 survey of TSPS Manual of Practice and City of Baytown criteria for boundary survey, as applicable. The following tasks will be performed for boundary survey metes and bounds: A. Verify parcel area for latest condition of topography B. Obtain limited title report for each parcel property C. Preparing plat map drawing for each parcel D. Preparing metes and bounds description for the parcel E. Map check closure for the parcel F. Setting the parcel on the ground as appropriate Deliverables will include final signed and sealed parcel maps (8.5x11 size) and metes and bounds. It is assumed that there will be a preliminary submittal to the City for review and comment and a final submittal to the City for their records.Table 15.1 below shows the estimated number of metes and bounds per Phase. The Consultant coordinated with TxDOT and the City to standardize the metes and bounds process which required additional metes and bounds to be created for infrastructure specific easements and the addition of temporary construction easement information to be shown on each metes and bounds. Separate metes and bounds were required for Phase A and B for roadway right-of-way needs, drainage easement needs. and water and wastewater easements on the same property. The increased number of requ red metes and bounds for Phase A and B are indicated in Table 15.1 below. Table 15.1 —Estimated Number of Metes and Bounds By Phase Phase Original Number of Metes Additional Number o and Bounds required Metes.and Bound A 17 B 20 ;36 Additionally, through the surveying sub-consultant, Kuo, the Consultant will perform a boundary surveying scope of work that will include boundary surveying for preparing Right of Way(ROW)maps in compliance with TxDOT criteria with inclusion of proposed parcels for proposed widening of Garth Road from IH-10 to SH 146. The following tasks will be performed for boundary survey ROW Map: G. Survey all improvements beyond 50' of proposed parcel limit and include in the Existing ROW map H. Include proposed parcels(125) in the ROW map I. Prepare a cover sheet as per TxDOT standard J. Prepare map index sheet as per TxDOT standard K. Update existing ROW maps to TxDOT standard by including additional callouts, parcel taking tables, parent tract insets, including POC on back lot, etc. L. Completing TxDOT check list for ROW maps only The deliverables will be in compliance with the TxDOT standards and TxDOT's boundary survey check list for ROW maps. Deliverables will include final signed and sealed ROW maps(in 3422 size) in hard and soft copies including CAD drawings and any other documents per the checklists. During the process of executing Task 15 scope of work for Phase A and B, additional ROW maps were required. The original number of assumed ROW Maps and Additional Required ROW Maps are listed irk Table 15.2 below.. Table 15.2—Estimated Number of ROW Maps By Phase Phase Original Number of ROW Additional Number of Maps Required ROW Ma . A 7 Maps----- B Task 16— Riaht of Way and Easement Acauisition Services Per original scope Task 17—Temporary Construction Easements Task 17 scope revised as noted below.— specifically all references to Temporary Construction Licenses has been revised to Temporary Construction Easements. The City anticipates obtaining Temporary Construction Easements from property owners along the alignment for Phases A through E that may be impacted by construction but will not require permanent easement or right of way acquisition. Each of the proposed easements will require an exhibit be created by the Consultant of the anticipated construction area and coordination by the Consultant's Right of Way Agent. The Consultant will coordinate with the City for the language for the Temporary Construction Easement and then create the exhibits for each identified property. At this time, it is anticipated that fifty (50) license documents with property exhibits will be required for coordination of the Temporary Construction Easements. The exhibits will be provided to the Consultant's Right of Way Agent for coordination with the property owners for completion of the Temporary Construction Easements. Table 17.1 below shows the original estimated number of Temporary Construction Easements per Phase. During the design of construction document packages 1 & 2, the City requested the Consultant separate Temporary Construction Easement documents for the separate Construction Document packages (Package 1 and Package 2). This allowed for the Temporary Construction Easements for Package 1 to be obtained and not be delayed by the environmental permitting requirement for Package 2. The Consultant and the ROW Agent both have increased effort for the negotiations associated with this Package 1 and Package 2 Temporary Construction Easement. In addition to the above-mentioned scope, during the Phase A and B Water and Wastewater and Roadway designs, the City directed the Consultant to prepare valuations for each temporary construction easement, develop temporary construction easement language, develop initial offer letters, and develop pre-contact letters. Additionally, (during the negotiation with property owners that submit counteroffers to the original offer amount, the Consultant worked with the City and ROW Agent to develop a valuation basis for the settlement offer prior to presenting it to the property owner for consideration. Table 17.1 - Estimated Number of Temporary Construction Easement By Phase Original Number of additional Required Number Phase Temporary Construction of Temporary Construction Easements Easements A 8 0;(.W/WM B 12 5 Roatlwa`; Task 18- Phase II Environmental Site Assessment Per original scope. Task 19-Public Art Conceptual Design Per original scope. Task 20-Public Art Design Development Per original scope. Task 21 - Bid Phase Services Upon approval of the Construction Packages outlined in Task 14, the Consultant will perform the following Bid Phase Services in conformance with the Local Government Project Procedures(LGPP) process for each of the four(4)Construction Packages. A. Prepare a PDF of the bid documents to be uploaded to the City's website to be downloaded by prospective bidders. B. Prepare for and conduct a pre-bid meeting with prospective bidders C. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents D. Attend the Bid Opening E. Tabulate the bids received and evaluate the compliance of the bids received with the bidding documents F. Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract G. Attend City Council meeting and recommendation for award of Contract for Construction. H. Final construction documents shall include the following: I. Provide PDF's of the"Issued for Construction" Conformance Plans and Specifications to the City, selected Contractor, and TxDOT. Task 22—Construction Phase Services Upon City and TxDOT approval of the selected contractor and City Council award of the Construction Packages outlined Task 14 above, the Consultant will perform the following Construction Phase Services in conformance with the LGPP process for each of the four(4) Construction Packages. A. Pre-Construction Conference. Attend pre-construction conference prior to commencement of construction activity. B. Monthly Progress Meeting. Attend monthly progress meetings with Construction Manager, Contractor, &City of Baytown as needed. C. Visits to Site and Observation of Construction. The Consultant will make visits as directed by the City in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. The Construction Manager will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents and will keep City informed of the general progress of the work. Assumed number of site visits the Consultant will make by Construction Package are as follows: a. Construction Package 1 — 15 site visits b. Construction Package 2—30 site visits c. Construction Package 3—24 site visits d. Construction Package 4— 18 site visits The Consultant will not supervise, direct, or have control over Contractor's work, nor shall the Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. The Consultant does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. D. Recommendations with Respect to Defective Work. The Consultant will recommend to the City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, the Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents. E. Clarifications and Interpretations. The Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by the City. F. Change Orders. The Consultant may recommend Change Orders to the City, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. G. Shop Drawings and Samples. The Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. H. Substitutes and "or-equal." The Consultant will evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. I. Applications for Payment. Per the LGPP process, the Construction Manager will fill out the pay application paperwork for submittal to TxDOT. Based on its observations and on review of applications for payment and supporting documentation, the Consultant will determine amounts that the Consultant recommends Contractor be paid. Such recommendations will be based on the Consultant's knowledge, information and belief, and will state whether in the Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, the Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. The Consultant's recommendations will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. J. Substantial Completion. The Consultant will, after notice from Contractor and Construction Manager that it considers the Work ready for its intended use, in company with City, Construction Manager, and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. K. Final Notice of Acceptability of the Work. The Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the Consultant may recommend final payment to Contractor. Accompanying the recommendation for final payment, the Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to the Consultant. L. Record Drawings: Prepare project"Record Drawings" based on information provided by the Contractor, Construction Manager, and/or City as to the actual field placement of the work including any changes or deletions. The Consultant is not responsible for the accuracy of the information provided by the Contractor, Construction Manager, and/or the City. The Consultant will provide one (1) PDF file of the Record Drawings(all sheets will be compiled into one PDF)as the final deliverable. ADDITIONAL SERVICES Kimley-Horn can provide additional services, if needed, upon the City's issuance of a written change in scope. Any additional amounts paid to Kimley-Horn as a result of the material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. O .i. :J r •f 1 I✓,I H 1-1 1 ,r. ✓, :t! I � n -n t C 2 'r Z C v C b5 &9 69 (A 6A fA f f 69 vl va � v F' Y l Y•� � n �f• •t 'J. n f•(A th v .A ,A ✓.V) (A N ✓, :/i V3 A cA U%.f, C � _ Y ii J Lo i of (A (A Vi v> n yr fn Vi <n v w (n(A(n vl h(A A va � o i L A Y _ C i L � C Q Chi ^ L O � O N D O _ •: N L O •,� CD M :i L J L J L L O O O O O � O 1 G �5 J _ ° E E o. 3 I �IllyllI - � { fA ( � ) / ! 2 � / C4f ■© m ° ) / # � f vi � } { ) > } y 7 > © � 0 ) = § f G 2 f) § - ƒ � - « 2 ■ e / § ( � a9 a a \ TFI I - ; i k \ ) � e \ $ K % 5 { f - \ Z f • ] 6 7 - ) IL j / \ S4 $ - / /\ / 2 � 4 § § 7t■ i $ )7 � /§ ® § g kE F « - = y\ � § m m2 VID . § / \ / | / 3 | § § 2 § - � 3 ■§- 9 . . $ ) f ) Ll _V) � - - 2 ) ) � ■ � It - _ § $ - g / } - - 9 " i r« ; \E ƒ // : 7 - _ 77 }§ 2 - a ƒ 2 - ? - W . ? $ § % & - f 2 M / - • § | | k \ \ (] § § ) 4 _ } -- / Q Q / ( ] 3Q ] A 22 / � ] - � . 9 \ _ \ ■ � _ _ k t jih / /U 3 : §9 /) § & 2 _ . b� \ Q d w rA - - _ - - 0 ; / �T. 2 rA CL fl . w Q k