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Ordinance No. 15,432 ORDINANCE NO. 15,432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO REMOVE CERTAIN TASKS RELATING TO RIGHTS-OF-WAY, EASEMENT, AND TEMPORARY CONSTRUCTION LICENSE ACQUISITION FROM THE ORIGINAL SCOPE OF WORK FOR THE GARTH ROAD WIDENING PROJECT FROM I-10 TO BAKER ROAD, THEREBY DECREASING THE CONTRACT AMOUNT BY FOUR HUNDRED NINETY-SEVEN THOUSAND THREE HUNDRED FIFTY AND NO. 100 DOLLARS ($497,350.00); 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 Second Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., to remove certain tasks relating to rights-of- way, easement, and temporary construction license acquisition from the original scope of work for the Garth Road Widening Project from I-10 to Baker Road, thereby decreasing the contract amount by FOUR HUNDRED NINETY-SEVEN THOUSAND THREE HUNDRED FIFTY AND NOl100 DOLLARS ($497,350.00). A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 271h day of April, 2023. NDON CAPETI LO, ayor A TEST: r� 1. ANGELA CKSON, .xy;Cl'erk,,,:.s4�' -.{ y APPROVED TO ORM: SCOTT LEM D, City Attorney R_Waren Anderson.ORDINANCES 2023 2023.04 27?ndAmended2PSAw.ithKHA4GarthRoadWtdemngProject docx EXHIBIT "A" Consulting Services Contract Amendment (.-I r,.- BTOWN Date of Issuance: 4/13/2023 Amendment No: 2 Consultant: Kimley-Horn & Associates, Inc. Project No: RW1901 PO#: 2101528 Explanation: The following amendment is to remove a portion of the scope of work from the original Professional Services Agreement with Kimley-Horn and Associates, Inc., for the Garth Road Reconstruction project. The original agreement was executed on November 18, 2020. Description of Work Cost Time Task 16 - Phases C, D, E and F, Right of Way and Easement Acquisitions -$808,100.00 0 Days Services Task 17 - Phases C, D and E, Temporary Construction License -$55,950.00 0 Days Engineering Coordination and Right of Way Acquisition Fees Reallocation of funds from Phases C, D and E to Phases A and B $366,700,00 0 Days Total -$497,350.00 Proposal Scope/Schedule: The removal of the scope of work for Task 16 in project Phases C, D, E and F, Right of Way and Easement Acquisitions Services, will remove$808,100.00 from the design contract. The removal of the scope of work for Task 17 Phases C, D, and E will remove an additional $55,950.00 from the design contract. The result is a net difference of$497,350.00 when the first contract amendment, approved by City Council on November 22, 2022, in the amount of$366,700.00 is taken into consideration. The purpose of the first amendment was to provide additional funding for right of way acquisition in Phases A and B. Cost& Time Change Summary: Cost Time Original Contract: $7,988,900.00 On call Previous Amendment(s): $0.00 On call Net increase (decrease) from this Amendment: -$497,350.00 On call Revised Contract: $7,491,550.00 On call [Remainder of Page Purposely Left Blank] Design 1 ❑F 2 D6,Revised 03 2023 Consultant agrees to perform changes(s) included in this Contract Amendment for the price and time indicated. The prices for changes included all costs associated with this Contract Amendment. No work 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 has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment. By this Amendment, 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 Amendment, the Agreement or any other 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 immunity. The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to enter into the Amendment. Upon execution by all parties, the following changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract. APPROVED: APPROVED: By: f)14W G,6;" Date: 4/14/23 By: Date: Consultant JASON E.REYNOLDS,City Manager Brian Boecker Printed Name r APPROVED AS TO CONTENT: Senior Vice President By: Date: =3 Title FRANK O.SIMONEAUX,JR.,P.E.,PWE Director APPROVED AS TO FUNDING: By. Date: VICTOR BROWNLEES,Finance Director Design 2 of 2 D6, Revised 03/2023 EXHIBIT "A" wah li ].Y.r f1+Srv1 rY.h+t -- .N•A.1 G51�1 I.N+ f.`rr Ly.`..a I��T�J Id fwl ktih, iJfaL' Ikr+R. Fgta'x 1Lw� InrM•. [iWl III 1ANpn A6i rrI Y!. t}+r•.1 UM num 1}MA UMw ss i 1tY Of a MA 51N f rL 1f ifeaf.+eriwtlLlSl ilq sr+gMfn•wte.yf�y M++4wl rr+.cr 11q.t1 .�M+1ln I L3A. Frr EN J. iT t t1_•I >tel w i 4 Y Jx 5 i -•Iti �� 1n ir► 1}l>• fIJ11L•fMq y11'r•ru�YwYpVtlay l-Y Pn/,w4YJirM W+ +i•45 4 T. a'F i IIL J t II L i_ia Y 1 I + 'f• Irt it '] �• —� i 4 n...w ��I" 1.•rr h.-P. M.«.1 ,t.r/w! .M+OM rywl Mta •WN Alw iAw�L.• k+ylrnr ti1+NM. I.wrrar 1•Ya...r 1 111 IYrpn .lr. �,li 1�'. +�m.tfL�l _ itUa {;tl/ tllM. Hw.N sl�S,a sLSIW sxw yirL faa Ira lid+► 1•\I7 luy.n+�[wlr.P•IY.w 11r�\rl YIr.Lr.l ta\M Ir Olh T — u]. --- _ "— — Lim I'M \. la\l! Xid,511a�1�1 - L�Tq"Rim* I 1 w,.. • i . ..ice �•1 I Ir\n 1 t,t ■M4L y 1 _ N I — y x 3 EXHIBIT "B" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") entered into by and between Kimley-Horn and Associates. Inc. (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 final design, bid phase and construction phase services for Garth Road Widening Project (CSJ0912-72-359)(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 MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND NINE HUNDRED AND and NO!100 DOLLARS (57,988,900.00). 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 a]I 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, . Basic Services (Lump Sum)..........................................................$7,500,700.00 2, Additional Services (Lump Sum)..............................................................$0.00 (These services require independent and specific advance,written authorization) 3. Bid Phase Services(Hourly Not to Exceed)......................................$87,500.00 4, Construction Phase Services (Hourly Not to Exceed).....................$400,700.00 5. Reimbursable Expenses (Not to Exceed)....................................................$0.00 6. Total .............................................................................................$7,988,900.00 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; Agreement for Consulting Services, Page 1 (c) Mileage, for travel from Consultant's Iocal office(within a 25-mile radius) to meetings the City or job-site. Mileage shall be charged at the current IRS rates; (d) Travel Expenses, mileage from local office to State or federal regulatory agency office beyond I00miles; 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 ConsuItant'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 Constance Curtis, P.E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days'advance written approval from the City's Representative. b. Licensed and Registered Architects."Engineers Consultant shall keep a 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. Agreement for Professional Services,Page 2 d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. 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 judgement 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. Agreement for Professional Services,Page 3 (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 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 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. Agrccmcnt For Prof ssi nal $ rvices Page 4 (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 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 & 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 Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person 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: Agreement for Professional Services,Page 5 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 ■ 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,and/or design companies ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project. ■ Waiver of Subrogation required. 4. Workers' Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required. h. 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:V III 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. Agreement for Professional Services,Page 6 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. 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 KIND, 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 EXPRESSED 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 Asreement for Profcssionai Scr_viccs,Pap 7 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 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: Agreement for Professional Services,Page 8 (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; (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 project 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. Records Within ten 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. 13. 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. 14. 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 contested, but the undisputed portion will be paid. Consultant shall invoice the City for work Agreement for Professional Services,Page 9 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 calendar (60) 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. 15. 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 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. 16. No Boycott Israel. Consultant agrees that it will not boycott Israel during the tern of this Agreement. As used in this section, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 17. 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/engineering 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. 18. 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 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. 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 days of the City's request therefor. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. Agreement for Professional Services,Page 10 19. 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. 20. 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: Kimley-Horn&Associates, Inc. Attn: Constance Curtis 11700 Katy Freeway, Ste. 800 Houston,Texas 77079 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. 21. 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. 22. 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 I-14), or any applicable Astreement for Professional Services,Page I I 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. 23. 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. 24. 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. 25. 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. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. 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. 28. 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. 29. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed o by an orb �j,al, but all of which shall constitute but o e and the same Ag reement on the da o 1,2fl20, the date of execution by the City Manager of the City of Baytown. Agreement for Professional Services,Page 12 CITY OF 13AYTOWN City Manager A' T. IXTICIA BRYSCH,Cit CI k a• N APPROVED AS TO FORM: W � �"•. CQ Y �r ©1F KAREN L. HORNER, City Attorney CONSUII PANT: Kimley-l-torn &Associates, Inc. (Company Name) J�C.N (Signature) Brian C.Boecker (Printed Name) I Vice President (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Brian Bop in his/her capacity as Vice President of, Kimley-Horn & Associates, rnc. , on behalf of such corporation/other, ® 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 Aereemerri for Profcssronal Services Page 13 � i f r I government or any state government that contains the photograph and signature of ! the acknowledging person) (check one) I 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. I SUBSCRIBED AND SWORN before me this l ithday of ...NMPmber ,2020 O`� �l4{J.1f1V Notary Public in and for the State of Texas 11COBFs011Lega11[CmenWilc3lEnginceringlCngincering AgreememslForms 2020%Agmmern. �ppaP�rr, DONNA W.STOEVER $.' �0 Notary Public,State of Texas ±, = Comm.Expires 07-14-2023 fK pI�`�,, Nolafx ID 126673568 i i 1 f 1 r I i Irki t r f ff I fE r I Agreement for Professional Services.Page 14 i 5 I EXHIBIT"A" SCOPE OF WORK 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 final design, bidding phase services, and construction phase services of Phases A through E and will produce four construction packages for the City to bid and award for construction utilizing the Local Government Project Procedures(LGPP)for bidding and construction to be led by the City with coordination with TxDOT. Right-of-way acquisition services will also be provided for Phase F. SCOPE OF WORK The Consultant and it's sub-consultants will provide the following scope of work: Task 1 —Pro-gram Management The Consultant will provide the following Program Management services: A. City Coordination. Coordination with Project Manager and various departments(Engineering and Public Works). Coordination will include email correspondence, phone calls and meetings. B. Monthly eroiect Status Update. Prepare a monthly status update per City provided standard format. This monthly status will be reviewed at a monthly status update meeting with City staff and TxDOT as needed and will also be included with the monthly invoice. C. Meetings. The Consultant will attend meetings and coordinate with the City,TxDOT, HCFCD, and sub-consultants as part of the subsequent tasks as part of the design. This task includes higher level coordination meetings required to keep the project tasks on schedule and maintain coordination amongst the City,the Consultant,the sub-consultants, Franchise Utility Companies, TxDOT,and HCFCD. The Consultant will prepare for and lead the following meetings: • Kick-off Meetinas I. One (1)final design kick-off meeting with the City and sub-consultants to discuss the overall project scope and schedule. ii. One(1)final design kick-off meeting with the City and TxDOT to discuss the overall project scope and schedule. iii. One(1)final design kick-off meeting with the eight(8)Franchise Utility Companies to discuss the overall project scope and schedule and franchise utility relocations. Iv. One(1)final design kick-off meeting with CenterPoint electric to discuss the overall project scope and schedule. • Progress Meetings i. Monthly Status Update Meetings with the City, TxDOT, HCFCD, and sub consultants(as needed).This scope of work includes the preparation for in person meetings, coordination with other attendees for in person or virtual attendance, and attendance for the Consultant's Project Manager for in person meetings at the City.The Consultant Task Managers and sub-consultants will attend the monthly meetings virtually as needed. At this time, it is anticipated that approximately twenty-four(24)monthly meetings will be required. • 30% Milestone Review Meetingjs The Consultant will coordinate with the City and TxDOT to review City and TxDOT comments for the 30% submittal packages: i. One(1)30%City Review Meeting for Construction Package 1 (Water and Wastewater Advanced Work Package) ii. One(1)30% City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 2(Phase A and B) iii. One(1) 30%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 3(Phase C and D) iv. One(1)30%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 4(Phase E) • 60% Milestone Review M in The Consultant will coordinate with the City and TxDOT to review City and TxDOT comments for the 60%submittal packages: L One(1)60% City Review Meeting for Construction Package 1 (Water and Wastewater Advanced Work Package) ii. One(1)60%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 2(Phase A and B) iii. One(1)60%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 3(Phase C and D) iv. One(1)60%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 4(Phase E) • 90% Milestone Review Meetings The Consultant will coordinate with the City and TxDOT to review City and TxDOT comments for the 90%submittal packages: f. One(1)90%City Review Meeting for Construction Package 1 (Water and Wastewater Advanced Work Package) ii. One(1)90% City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 2(Phase A and B) lii. One(1)90%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 3(Phase C and D) iv. One(1)90%City Review Meeting and one(1)TxDOT Review Meeting for Construction Package 4(Phase E) • F' Pre-Bid Meetings The Consultant will prepare for, schedule, and attend a combined meeting with the City and TxDOT to finalize the submittal packages for bidding: i. One(1)Final City Meeting for Construction Package 1 (Water and Wastewater Advanced Work Package) ii. One(1)Final City and TxDOT Meeting for Construction Package 2(Phase A and B) iii. One(1)Final City and TxDOT Meeting for Construction Package 3(Phase C and D) iv. One (1)Final City and TxDOT Meeting for Construction Package 4(Phase E) D. TxDOT Coordination. The Consultant will coordinate with the TxDOT throughout the final design of the project on the Tasks outlined below in this scope of work, The primary point of contact will be the TxDOT dedicated Project Manager, but additional coordination with others within TxDOT's Environmental or Administration may be required. The City Project Manager will lead the coordination with TxDOT with support from the Consultant. E. Harris County Flood Control District Channel 0105-10-00 and 0105-11-00 Coordination It is anticipated that coordination for the South Road(Phase C)and Baytown Central(Phase D) detention analysis will require additional coordination with Harris County Flood Control District (HCFCD)leadership than what is standard as part of the Task 6 Drainage design permitting.The Consultant will work with the City to coordinate with HCFCD and Harris County as needed and anticipates two(2)meetings with the City and HCFCD to finalize the coordination on Baytown acquiring the HCFCD channels 0105-10-00 and 0105-11-00 and the revised outfall to HCFCD channel 0105-00-00. Task 2—T a hic Survey Based on the Client and TxDOT approved schematic, through the surveying sub-consultant, Kuo & Associates, Inc. (Kuo), the Consultant will perform topographic survey along Garth Road from IH-10 to south of Baker Road(Phase A through Phase E)and along three offsite storm corridors and detention pond areas. Topographic surveying will be done as per TxDOT Survey Manual for design topographic surveying and will be performed in detail to supplement the limited survey performed for the preliminary design phase in 2019. The topographic survey will be performed in two phases with Segment A and B in the first phase and Segment C, D, and E in the second phase. Topographic surveying for the three phases will include the following: A. -Qonsultant Coordination • Coordinate with Kuo • Review geotechnical report and provide one(1) round of comments • Coordinate with the City and TxDOT to provide information to Kuo as needed. B. Survey Cont{gl(Kuo) • Survey controls will be tied to the TxDOT monuments and Texas State Plane Coordinates System, South Central Zone NAD 83 and datum NAVD 88. • Existing TxDOT survey monuments and survey controls will be recovered and established for design survey. • Survey will use TxDOT scale factor • Survey Control Maps(11x17 size)will be prepared showing swing ties to traverse and baseline points as well as TBM's as per TxDOT standard. The survey control maps will be signed and sealed by a responsible professional in charge of the project. • The signed and sealed survey control map will be submitted to TxDOT for review along with the completed TxDOT checklist for topographic surveying. C. Rgad Survey(Kuo) • The proposed road survey will supplement limited survey performed for the preliminary design in 2019. • Cross sections will be surveyed at 50-foot intervals along the project route for a width beyond 20 feet of street ROW as accessible. • All visible planimetric features including trees with 4-inch and larger caliper size will be surveyed along the road ROW for 20 feet on either side of the ROW as accessible. • All visible existing utilities(i.e. Manholes, culverts, and power poles)will be located and pipe size and flow line measure downs in the manholes and inlets will be obtained. • Texas one-call system will be notified and pipeline companies will be contacted to probe and mark pipeline locations to be tied to the survey. • Plan view drawings will be prepared containing all topographic information and visible utility features in MicroStation DGN/AutoCAD drawing format. • Geotechnical bore locations will be located in the field and included in the drawing and spreadsheet with bore information • The topographic survey will be submitted to TxDOT for review along with the completed TxDOT checklist for topographic surveying. 0. Offsite Storm Sewer and Detention Pond Survey(Kuo) • Survey offsite storm sewer corridor and channels at 50 foot intervals. • Survey detention pond area at 50 foot by 50 foot grid • Survey visible topographic and utility features, including trees with 4-inch and larger caliper size, along corridor and within detention pond areas. • The topographic survey will be submitted to TxDOT for review along with the completed TxDOT checklist for topographic surveying. E. Right of Entry(Coordination(Kuo) • Right of Entry(ROE)packages will be prepared for obtaining ROE from the private property owners • Adjoining property owners will be coordinatedlcontacted as feasible for obtaining access to the properties as needed. The Consultant will coordinate with the City as necessary if assistance with a property owner is needed. F. DTM/Contour(Kuo) • A surface(DTM)will be prepared in MicroStation for delineation of ground contours. G. Utility Research and Plan&Profile(Kuo) • Utility research will be performed by contacting various entities including but not limited to the City, TxDOT, Harris County, and private utility companies for delineation of existing utility lines. The utility contact table created with the preliminary design will be utilized to continue coordination. • Utility plan and profile drawings will be prepared in MicroStation DGN as base maps for design work. Task 3—Subsurface Utility Enalneerina(SUE) Based on the franchise utility coordination performed with the preliminary engineering, it was found that there are approximately sixty-five(65)crossing gas lines and approximately eight(8)additional franchise utility companies with parallel utilities to the Garth Road corridor that will impact the project design. This significant franchise and gas company presence along the corridor requires additional investigation for final design. Through a Subsurface Utility Engineering(SUE)subconsultant(The Rios Group, Inc. (Rios)), the Consultant will perform the SUE work required for the Garth Road project. The SUE work will be performed in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02{Standard Guideline for the Collection and Depiction of Existing Surface Utility Data). As described in the mentioned ASCE publication,four levels have been established to describe the quality of utility location and attribute information used on plans. The proposed SUE scope of work includes the following A. Consultant Coordination • Coordinate with Rios • Review geotechnical report and provide one(1)round of comments • Coordinate with the City and TOOT to provide information to GES as needed. B. Level A SUE.Rios will Perform Level A SUE on major utilities crossing Garth Road and other utilities that could be potentially in conflict with proposed roadway improvements. Rios has included one hundred and seventy-four(174)Level A test holes(132 on major utility crossings and 42 on potential conflicts). Level A SUE is broken out by Phase as follows: a. Phase A—20 test holes b. Phase B—34 test holes c. Phase C— 10 test holes d. Phase D—30 test holes e. Phase E—80 test holes C. y I B 5LIE. Rios will perform Level B SUE on utilities located within the existing Garth Road ROW from IH-10 to 300 feet north of Birdsong Drive(Phases A, B.C, D,and E). Level B SUE is broken out by Phase as follows: a. Phase A—28,000 linear feet b. Phase B—35,000 linear feet c. Phase C—40,000 linear feet d. Phase D—15,000 linear feet e. Phase E—22,000 linear feet D. It is anticipated that routine traffic control(cones and free-standing signage)will be utilized for the Level B SUE and most of the Level A SUE. However, it is assumed that a maximum of 8 days of non-routine traffic control measures(MUTCD barricades,flag person,changeable message board) will be required for a portion of the Level A SUE. Non-routine traffic control measures are broken out by Phase as follows: a. Phase A—2 day b. Phase B—3 day c. Phase C—1 day d. Phase D—1 day e. Phase E— 1 day E. Rios will survey the field locations and provide field sketches, unique locate ID, a summary sheet for each test hole, and a utility base map in MicroStation showing the horizontal location of the located utilities. Task 4 R-Geotechnical Investigation This task contains the scope of services for a geotechnical engineer to provide a geotechnical investigation and engineering report for this project. As part of this task, through a geotechnical engineering sub-consultant(Gorrondona Engineering Services, Inc. (GES))the Consultant will provide the following services: A. Consultant Coordination • Coordinate with GES • Review geotechnical report and provide one(1)round of comments • Coordinate with the City and TxDOT to provide information to GES as needed. B. Subconsultant Scooe of Service:The subconsultant,Gorrondona Engineering Services, Inc. (GES), will provide the geotechnical investigation for the following: • Roadway Geotechnical Bores. Seven(7)geotechnical bores up to 20 feet deep along Garth Road for Phases A and B,and five(5)geotechnical bores up to 20 feet deep along Garth Road for Phases C, D, and E. Two(2)geotechnical bore up to 30 feet deep along Garth Road in the area of Cedar Bayou Lynchburg Road(Phase D). • Drainage Geotechnical bores. Five(5)geotechnical bore up to 30 feet deep in the areas of the detention pond and the proposed drainage improvements between the roadway and the detention pond for Phase B. Six(6)geotechnical bore up to 30 feet deep in the areas of the detention pond and the proposed drainage improvements between the roadway and the detention pond for Phase C. Seven (7)geotechnical bore up to 30 feet deep in the areas of the detention pond and the proposed drainage improvements between the roadway and the detention pond for Phase D. • It is understood that these borings may be located within the City ROW and ROW permits will be required prior to mobilization for lane closures. • It is assumed that the sites are readily accessible and will not require clearing for boring equipment access. Clearing will be an additional service if required. • The required survey location of the geotechnical bores will be provided as part of Task 2 —Topographic Survey. • The engineering report will be prepared by a registered engineer and will present the results of the field and laboratory data together with the analyses of the results and recommendations. The report will meet City, TxDOT, and HCFCD requirements. A digitally signed and sealed report in electronic format will be provided. The report will address: i. Soil and groundwater conditions encountered at the boring locations ii. Soil and groundwater conditions encountered at the boring locations, Per HCFCD requirements, the report will include gINT boring logs and soil profiles. iii. Paving recommendations per TxDOT requirements. iv. Underground utilities related recommendations including dewatering, excavation/backfill, utility trench shoring, bracing and bedding recommendations, v. Detention basin recommendations per HCFCD design Manual vi. Culvert reoommendations vii. Earthwork recommendations,including material and compaction requirements. viii. Construction considerations related to soil and groundwater conditions at the borings. Task 5-Roadway Design The Consultant shall prepare all work in accordance with the latest version of applicable City's/TxDOT procedures, specifications, manuals, guidelines, standard drawings, and standard specifications or previously approved special provisions and special specifications, which include: the TxDOT PS&E Preparation Manual, Roadway Design Manual, Hydraulic Design Manual, the Texas Manual on Uniform Traffic Control Devices (TMUTCD), Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, (latest Edition), and other City approved manuals. When design criteria are not identified in City/TxDOT manuals, the Consultant shall notify the City and refer to the American Association of City Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Street, (latest Edition). The Consultant shall prepare each PS&E package in a form suitable for letting through the City's construction contract bidding and awarding process. A. Geometric Design.The Consultant shall refine the horizontal and vertical alignments shown in the Diagrammatic Concept Plan and design proposed horizontal and vertical alignments in English units for cross streets. Minor modifications in the alignment must be considered to provide optimal design. The City must approve the refined schematic prior to the Consultant proceeding to the 60% milestone submittal. B. Roadway Desian. The Consultant shall use Bentley's OpenRoads 3D Design technology in the design and preparation of the roadway plan sheets. The Consultant shall provide roadway plan and profile drawings using CADD standards as required by the City. The drawings must consist of a planimetric file of existing features and files of the proposed improvements. The roadway base map must contain line work that depicts existing surface features obtained from the survey. Existing major subsurface and surface utilities must be shown if requested by the City. Existing and proposed right-of-way lines must be shown. Plan and Profile must be shown on same sheets. For cross street reconstruction more than 100'beyond the main street right-of-way,Consultant will prepare a plan/profile of the cross-street improvements. Otherwise,the side street improvements will be defined vertically by spot elevations. The plan view must contain the following design elements: • Calculated roadway and cross-street centerlines as applicable. Horizontal control points must be shown. The alignments must be calculated using GEOPAK. • Pavement edges for all improvements. • Lane and pavement width dimensions. • Proposed structure locations,lengths, and widths. • Direction of traffic flow on all roadways. Lane lines and arrows indicating the number of lanes must also be shown. • Drawing scale shall be 1"=50' • Control of access line. ROW lines and easements. • Begin and end superelevation transitions and cross slope changes. • Limits of riprap,block sod,and seeding. • Existing utilities and structures. • Benchmark information. • Radii call outs, curb location, guard fence, crash safety items and American with Disabilities Act(ADA)Accessibility Guidelines for Pedestrian Facilities in the Public Right of Way(PROWAG)compliance items. The profile view must contain the following design elements: • Calculated profile grade for proposed roadway and cross streets(cite direction). Vertical curve data,including"K"values must be shown. • Existing and proposed profiles along roadway, cross streets, and proposed gutter line of Garth Rd. • The location of existing and proposed crossing utilities or structures. • Drawing vertical scale to be 1"=10'. C. Typical Sections.The Consultant shall prepare typical sections for proposed and existing roadway and cross streets.Typical sections must include width of travel lanes, shoulders,outer separations, border widths, curb offsets,and ROW. The typical section must also include Proposed Profile Gradeline(PGL), centerline, pavement design, longitudinal joints, side slopes, sodding or seeding limits, concrete traffic barriers and sidewalks,if required, station limits,common proposed and existing structures including retaining walls, existing pavement removal,riprap, limits of embankment and excavation, etc. D. Cross Streets. The Consultant shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout must include the horizontal alignments,curb returns,geometrics,transition length, stationing, pavement, drainage details, and American with Disabilities Act (ADA)Accessibility Guidelines for Pedestrian Facilities in the Public Right of Way(PROWAG)compliance items. The Consultant shall design for full pavement width to the ROW and provide a transition to the existing roadway. E. Cut and Fill Quantities.The Consultant shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 100 feet intervals. Cross sections must be delivered in standard GEOPAK format on 1 IIN17"sheets and electronic files.The Consultant shall provide all criteria and input files used to generate the design cross sections. Annotation shall Include at a minimum existing and proposed ROW,side slopes(front&back),profiles, etc. F. Pavpmgnt Design.The Consultant shall incorporate the pavement design developed by the TxDOT for this project, G. Pedestrian and Bicycle Facllities The Consultant shall coordinate with the City to incorporate pedestrian and bicycle facilities as required or shown on the Diagrammatic Concept Plan. All pedestrian and bicycle facilities must be designed in accordance with the latest American with Disabilities Act(ADA)Accessibility Guidelines for Pedestrian Facilities In the Public Right of Way (PROWAG),the Texas Accessibility Standards(TAS), and the AASHTO Guide for the Development of Bicycle Facilities. H. Demolition Plan. Consultant will provide demolition and removal information as is deemed necessary for construction.The proposed plan will take into consideration the phasing outlined in the Traffic Control Plan in Task 12. I. Driveways. The Consultant shall analyze all driveways within the project and develop driveway profiles as needed. Typically driveways will be defined vertically by spot elevations. J. Signing and Pavement Markings. Signing The Consultant shall prepare drawings,specifications and details for all signs. The Consultant shall coordinate with the City(and other Consultants as required)for overall temporary,interim and final signing strategies and placement of signs outside contract limits. The Consultant shall: • Prepare sign detail sheets for large guide signs showing dimensions, lettering, shields, borders, corner radii,etc.,and shall provide a summary of large and small signs to be removed,relocated, or replaced, • Designate the shields to be attached to guide signs. • Illustrate and number the proposed signs on plan sheets. Pavement Markings The Consultant shall detail both permanent and temporary pavement markings and channelization devices on plan sheets. The Consultant shall coordinate with the City(and other Consultants as required)for overall temporary, interim, and final pavement marking strategies. The Consultant shall select Pavement markings from the latest City standards. The Consultant shall provide the following information on sign and pavement marking layouts: • Roadway layout. • Center line with station numbering. • Culverts and other structures that present a hazard to traffic. • Location of utilities. • Existing signs to remain, to be removed,to be relocated or replaced. • Proposed signs(illustrated, numbered and size). • Proposed markings(illustrated and quantified)which include pavement markings, object markings and delineation with beginning, end, and station offset from proposed roadway centerline. • Quantities of existing pavement markings to be removed. • Proposed delineators, object markers, and mailboxes. • The number of lanes and the location of changes in numbers of lanes. • Right-of-way limits. Direction of traffic flow on all roadways. K. Storm Pollution Prevention Plans(SW3P).The Consultant shall develop SW3P, on separate sheets from (but in conformance with)the TCP,to minimize potential impact to receiving waterways. The SW3P shall include text describing the plan,quantities, type, phase and locations of erosion control devices and any required permanent erosion control. The Contractor will be responsible for preparing the SWPPP manual and Notice of Intent(NOI)and Notice of Termination (NOT). L. Compute and Tabulate Quantities.The Consultant shall provide the summaries and quantities within all formal submittals. M. (Higgellalmeous Structural Details. The Consultant shall provide necessary details required to supplement standard details. N. Contract Time Determination.The Consultant shall prepare a detailed contract time estimate to determine the approximate time required for construction of the project in calendar and working days (based on the City standard definitions of calendar and working days)at the 90% and Final PS&E milestone. The schedule shall include tasks, subtasks,critical dates,milestones. deliverables,and review requirements in a format which depicts the interdependence of the various items and adjacent construction packages. The Consultant shall provide assistance to the City in interpreting the schedule. O. Specifications and General Notes. The Consultant shall identify necessary standard specifications, special specifications,special provisions and the appropriate reference items. The Consultant shall prepare General Notes from the District's Master List of General Notes, Special Specifications and Special Provisions for inclusion in the plans and bidding documents. The Consultant shall provide General Notes, Special Specifications and Special Provisions in the required format. P. Constructability Review. The Consultant shall provide Independent Quality Review of the constructability of PS&E sets. The Consultant shall perform constructability reviews at major project design milestones(e.g. 30%, 60%,90%, and final plan)to identify potential constructability issues and options that would provide substantial time savings during construction. The constructability review must be performed for all roadway and structural elements such as Sequence of Work/Traffic Control, Drainage(Temporary and Permanent), Storm Water Pollution Prevention Plan (SW3P), Environmental Permits, Issues and Commitments(EPIC)by TxDOT addressed, identify Utility conflicts; ensuring accuracy and appropriate use of Items,Quantities,General Notes, Standard and Special Specifications, Special Provisions, Contract Time/Scheduls, Standards; and providing detailed comments in an approved format. Reviews must be captured in a Constructability Log identifying areas of concern and potential conflict. The Consultant shall provide the results of all Constructability reviews and recommendations to the City at major project design milestone submittals. Q. Task Specific Design Coordination Meetings. The Consultant will coordinate during design as needed with the City,TxDOT, HCFCD, Franchise Utilities, and other needed entities to coordinate design decisions. At this time, it is anticipated that approximately two(2)design coordination meetings will be required for each of Construction Packages 2, 3, and 4 for a total of six(6) meetings. Effort associated with meetings and coordination for submittals is included in Task I — Program Management. Task 6—Drainage Design A. Data Collection. Consultant will coordinate with Client to receive data required to prepare the stormwater detention and culvert design. Consultant will request the following data sources: record drawings, existing hydrologic and hydraulic studies, and storm sewer system maps. B. Storm Sg- ruy r 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. C. StormW@ter Detention Design,. Consultant will design up to five(5)stormwater detention facilities to reduce the increase in peak flow associated with the roadway improvements in the 2-, 10-,and 100-year events. It is anticipated that Phase A and Phase E will be underground detention facilities and Phases B,C, and D will be a combination of underground and above ground detention facilities. Stormwater detention design will be performed in general accordance with the currently published Harris County Flood Control District(HCFCD)Policy, Criteria,&Procedure Manual (PCPM). Stormwater detention design will mitigate for increases in impervious area and reduction in time of concentration associated with converting the existing roadside ditches into underground storm sewer system. The stormwater detention design will consist of the following: • Detention Pond Layout and Grading sheets showing horizontal and vertical design of above ground detention pond systems. • Plan/Profile sheets showing horizontal and vertical alignment including pipe size, material, slope, and elevation for underground detention pond systems. • Outfall plan/profile sheets. • Outfall detail sheets. • Effort associated with meetings and coordination for milestone submittals is included in Task 1 —Program Management. D. Culvert Design. Consultant will design up to six(6)cross culverts to convey flow across Garth Road. Cross culvert design will be performed in general accordance with the currently published HCFCD PCPM. The culvert design will consist of the following: • Plan/Profile sheets showing horizontal and vertical alignment including pipe size, material, slope, and elevation. • Headwall detail sheets. • Effort associated with meetings and coordination for milestone submittals is included in Task 1 —Program Management. E. No-Impact Study. Consultant will prepare a No-Impact Study for submittal to HCFCD summarizing the design associated with this task. The No-Impact Study will include the following: • Report Text. • Drainage Area Maps. • Hydrologic Calculations. • Hydraulic Calculations. • Digital Files. F. HCFCD Permitting. Consultant will submit the No-Impact Study to HCFCD and respond to up to two rounds of comments associated with the items described in this task. G. South Road(0105-10-001 Detention Analysis(Phase Q. HCFCD owns right-of-way or controls easement for HCFCD Unit No. 0105-10-00 from Garth Road to the channel's confluence with Goose Creek(0105-00-00). Consultant will evaluate expanding this existing channel to provide stormwater detention for the roadway improvements. Effort associated with this task will consist of the following: • Discuss channel expansion and HCFCD right-of-way acquisition with Client and HCFCD. Meetings and coordination for this effort are covered in Task 1 —Program Management. • Prepare existing condition hydrologic and hydraulic analysis of existing channel. • Revise existing condition analysis based on proposed roadway improvements. • Evaluate modifications to channel in order to mitigate increases in peak flow associated with roadway improvements in general accordance with the HCFCD PCPM. • Summarize the results of this task in a technical memorandum for submittal to the Client. H. South Road Detention (0105-10-001Modification Plans Phase C . Consultant will prepare plans to modify HCFCD Unit No. 0105-10-00. Consultant assumes modifications will include grading to widen the existing channel within the ultimate right-of-way limits, modification of an existing roadway culvert(West Road),and construction of a new outfall to into 0105-00-00. Effort associated with this task will consist of the following: • Demolition Plan showing structures to be removed. • Grading Sheets showing horizontal and vertical design of the channel modifications. • West Road culvert plan/profile sheet • Outfall plan/profile sheet. • Outfall detail sheets. • HCFCD detail sheets. I. Baytown Central Regional Detention Analysis(Phase 131- The Baytown Central Development is located at the southeast comer of Cedar Bayou Lynchburg Road and Garth Road. There are existing regional detention ponds on the east side of Baytown Central Boulevard that discharge into the existing HCFCD ditch. Consultant will evaluate expanding this existing regional detention pond system in the Baytown Central Development area to provide slormwater detention for the roadway improvements. Effort associated with this task will consist of the following: • Discuss regional detention pond expansion and HCFCD right-of-way acquisition with Client and HCFCD. Meetings and coordination for this effort are covered in Task 1 -- Program Management. • Prepare existing condition hydrologic and hydraulic analysis of regional pond system. • Revise existing condition analysis based on proposed roadway improvements. • Evaluate modifications to regional detention pond system in order to mitigate increases in peak flow associated with roadway improvements in general accordance with the HCFCD PCPM. • Summarize the results of this task in a technical memorandum for submittal to the Client. J. Baytown Central 13egigaal DetentionModification Plan D . Consultant will prepare plans to modify the Baytown Central Regional Detention Pond. Consultant assumes modifications will include grading to combine the existing channel and ponds into a single facility, removal of existing outfall structures,and construction of a new outfall to into the HCFCD ditch. Effort associated with this task will consist of the following: 0 Demolition Plan showing structures to be removed. • Detention Pond Layout and Grading Sheets showing horizontal and vertical design of the detention pond modifications. • Outfall plantprofile sheet. • Outfall detail sheets. • HCFCD detail sheets. K. Task cific Nplan Coordination Meetings. The Consultant will coordinate during design as needed with the City,TOOT, HCFCD, Franchise Utilities,and other needed entities to coordinate design decisions_ At this time,it is anticipated that approximately two(2)design coordination meetings will be required for each of Construction Packages 2, 3,and 4 for a total of six(6) meetings. Effort associated with meetings and coordination for submittals is included in Task 1— Program Management. Task 7—Water and Wastewater Desian A. Data Collection.Consultant will coordinate with Client to receive the data required to analyze the water and wastewater systems. Where data sources may be Incomplete, the City will complete data or instruct the Consultant on assumptions to be used when data is incomplete. Consultant will request the following data sources: record drawings, lift station operations and controls, and wastewater collection system maps. B. Water Desian. Consultant will design approximately 14,000 linear feet of 8-inch, 10-inch, 12-inch, 16-inch, and 30-inch water lines to be removed and replaced along the Garth Road corridor from the intersection of IH-10 to just south of Baker Road(Phases A—E). The water design will consist of the following: • PianlProfile sheets showing horizontal and vertical alignment including pipe size, material, slope, and elevation. • Locations of water valves,bends, tees, reducers,fire hydrants, and connections to existing water lines. • Minor adjustments to existing water valve boxes and other appurtenances. • Water service connections. • Intersecting water lines and water line crossings under Garth Road will be replaced to just beyond the limits of new pavement construction. • Limits of the existing water lines to be removed. • Incorporation of City of Baytown Standard Water Details C. Waste-water Design. Consultant will design approximately 11,000 linear feet of 8-inch, 10-inch, 12- inch. 15-inch,and 184nch gravity wastewater lines and approximately 3,000 linear feet of 12-inch secondary diversion force main for the Garth Road Lift Station to be removed and replaced along the Garth Road corridor from the intersection of IH-10 to just south of Baker Road(Phases A—E). At this time, it is not anticipated that the 18-inch Garth Road force main installed in 2018 will be impacted or need to be relocated. The wastewater design will consist of the following: • Plan/Profile sheets showing horizontal and vertical alignment of gravity wastewater lines including pipe size, material,and slope. • Manhole size and location. • Horizontal and vertical alignment of force mains including placement of air release valves, if required. • Minor adjustments to existing manholes and other appurtenances. • Wastewater service connections. • Intersecting wastewater and force main crossings under Garth will be replaced to just beyond the limits of new pavement construction. • Limits of existing wastewater lines,force mains,manholes, and other appurtenances to be removed. • Bypass pumping requirements and suggested plans. • Submitting to the TCEQ for review and approval. • Incorporating City of Baytown Standard Wastewater Details. D. Technical Specifications. Consultant will prepare technical specifications in accordance with City of Baytown Standard Specifications for water and wastewater improvements to be included in the project manual. Where City of Baytown Standard Specifications are missing, Consultant will utilize TxDOT standard technical specifications(latest published edition). E. Task Specific"es' Coordinatign Meetings. The Consultant will coordinate during design as needed with the City and other needed entities to coordinate design decisions. At this time, it is anticipated that approximately three(3)design coordination meetings will be required. Effort associated with meetings and coordination for submittals is included in Task 1 —Program Management Taste 8-_Frgnchise Utility and Gas Company Coordination A. Franchise Utility Coordination. This task is intended to capture the effort associated with coordination with approximately eight (8)franchise utilities to bring the existing above-ground telecommunication utilities below ground and relocate existing underground telecommunication and gas distribution utilities outside of the proposed paving limits.The franchise utility coordination work will be performed in general accordance with the recommended practices and procedures described in TxDOT ROW Utility Manual. Consultant will perform the following under this task: • Review franchise utility information from the Preliminary Engineering with the City and review encroachment agreements with the eight(8)franchise utilities that were identified in the Preliminary Engineering. • Establish a proposed corridor for each of the proposed Construction Packages for the required franchise utility relocations. • Hold a Franchise Utility Relocation Kick-off meeting with the City and the eight (8) Identified telecommunication and gas line companies identified in the Preliminary Engineering phase of the project. At this kick-off meeting,we will review identified existing infrastructure and proposed utility corridor. • Submit one set of 30%,60%,and 90% design plans for each construction package to each franchise utility for their review and to request each franchise utility to confirm the existing size, type, and location of existing utilities and confirm location of proposed utilities. • Locations of franchise utilities will be updated on the plan sheets per comments received from the Franchise Companies. • Submit one set of final design plans for each construction package and the project schedule to each affected franchise utility for their review and comment. B. Q9ssing Gas Company Coordination. This task is Intended to capture the effort associated with coordination with approximately twenty(20)gas companies with approximately sixty-two(62) pipeline crossings in the Garth Road corridor. Consultant will perform the following under this task: 0 Coordinate with gas line companies to identify gas line crossing requirements. • Submit design plans at the 60%and 90%submittals for each construction package to each company for their review and comment. Effort to address comments from gas companies is included in Task 13-Construction Documents. • Coordinate with each gas line company to obtain a letter of no objection (LONO). LONOs will be included in the project manual. It is anticipated that the following number of LONOs are required with each phase along the Garth Road corridor: i. Phase A-5 LONOs ii, Phase 8-10 LONOs iii, Phase C-1 LONOs iv. Phase D-10 LONOs v. Phase E-36 LONOs C. TAskSpecific Design Coordination Meetings.The Consultant will coordinate during design as needed with the City,TxDOT, Franchise Companies,gas companies, and other needed entities to coordinate design decisions. At this time, it is anticipated that approximately ten(10)design coordination meetings in addition to those described in the task above will be required. Effort associated with meetings and coordination for submittals is included in Task 1 -Program Management. Task 9--Landscape Architecture Design Based on the City approved Concept, the Consultant will prepare Landscape Architecture Construction Documents consisting of: A. General Notes and Materials Legend. Showing material specification and general notes related to proposed construction. B. Hardscape Plans: Final design, layout, and dimensional control showing site handscape materials. C. Planting Plans: Showing final planting plans with plant species, sizes, and location for trees, shrubs, groundcover, and turf. D. Irrigation Plans:The Irrigation Plans will identify a proposed head/drip layout,valve size and location, point of connection and related appurtenances, pipe sizes, sleeve locations, and Controller location. The plans shall include the Client's preferred irrigation equipment type(Toro, Hunter, Rainbird,etc.) and irrigation equipment power source(Electrical or Solar). E. Schematic LigUnga Design: Consultant will coordinate with the Electrical Engineer to size and locate lights related to the landscape architecture components and show them on the Illumination Plans, The plan may contain tree uplighting, and electrical receptacles. Electrical design and photometrics associated with the project's lighting will be provided by other members of the consultant team. F. Landscape and Hardsca a Details: Showing elements explicitly included in the Landscape Architecture design, consisting of details, sections, and elevation views. Certain submittals, shop drawings, samples, cut sheets and mockups will be listed for approval by Landscape Architect, G. Specifications: Consultant will provide specifications and material selections within both the drawing set and separate documentation. H. Task Specific Design Coordination Meetings.The Consultant will coordinate during design as needed With the City and other needed entities to coordinate design decisions, At this time, it is anticipated that approximately two (2) design coordination meetings will be required for each of Construction Packages 2, 3,and 4 for a total of six(6)meetings. Effort associated with meetings and coordination for submittals is included in Task 1 -Program Management:. The task excludes design of public art, signage, water features, architectural structures, shade structures, and 3D renderings/models. Task 10—Temporary and Permanent Signal Design The Consultant will design a total of nine (9) traffic signals, for both permanent design and temporary design. Below are the signalized Intersection locations: 1. Sharon Ln—Phase A 2. Independence Blvd—Phase A 3. Hunt Rd—Phase A 4. Santavy St—Phase 8 5. W Archer Rd—Phase B B. South Rd—Phase C 7. Cedar Bayou Lynchburg Rd—Phase D 8. Baytown Central Blvd—Phase E 9. Baker Rd—Phase E A. Permanent Signal Design. Design will consist of developing the signal layout for mast arm signal pole configuration, signal head configuration, electrical details, signing and pavement marking layouts, signal pole and foundation standards, quantities and construction cost estimates,and specifications. The traffic signal design will also include provision for future fiber optic interconnect by providing a conduit and pull box, if needed. The traffic signal design plans will consist of the following plan sheets: • Summary of Quantities • Traffic Signal Notes • Existing Conditions Sheet(where applicable)showing existing intersection and roadway layout, signs, pavement markings,other notable above ground features,and the recorded utilities • Traffic Signal Layout Sheet including overhead signs and pedestrian elements • Traffic Signalization Detail Sheet with tabulation of quantities, electrical chart, timing table, vehicular detection,and general notes • Elevation Sheets showing all of the signal equipment per approach • Standard Detail Sheets as may be applicable B. Jemoorary Jignal Design. 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 all construction phases where a temporary signal design change is needed. The temporary traffic signal design plans will consist of the following plan sheets: • Temp Summary of Quantities • Tamp Traffic Signal Notes • Temp Traffic Signal Layout Sheet • Temp Traffic Signalization Detail Sheet with tabulation of quantities, electrical chart, timing table, vehicular detection, and general notes • Temp Standard Detail Sheets as may be applicable C. Task Specific Design Coordination Meeting. The Consultant will coordinate during design as needed with the City,TxDOT, and other needed entities to coordinate design decisions. At this time, it is anticipated that approximately three(3)design coordination meetings will be required one (1)meeting for each of Construction Package 2, 3, and 4. Effort associated with meetings and coordination for submittals is included in Task 1 --Program Management. J@sk 11 —Illumination Design Consultant will design roadway illumination design plans for Phases A through E. The illumination design will follow the City of Baytown lighting guidelines and ordinances,TxDOT Highway Illumination Manual and AASHTO's Roadway Lighting Design Guide. Light pole placement design along this roadway will be done in coordination with the City and roadway designer and alternate various sides of the roadway. Consultant will coordinate with the electrical utility company to identify the power source and design the electrical circuits in compliance with National Electrical Code(NEC)guidelines. Consultant will use AASHTO's Roadway Lighting Design Guide to determine the targeted average illuminance values and uniformity ratios for this roadway.The Consultantwill use the AG132lighting analysis program to prepare a photometric layout of the study corridor to verify that the minimum illuminance values are reached and that there is lighting coverage for all sections of the roadway. The roadway illumination design will be prepared at 1" = 100' on 11"x 17"plan sheets using MicroStation V8. The roadway illumination design package will include the following plan sheets: A. Roadway Illumination General Notes B. Summary sheets and tabulated lighting quantities. C. Roadway Illumination Design Layout Sheet showing proposed roadway illumination elements, light pole and foundation details, wiring details, spacing and placement, electrical service,ground boxes, conduit placement,conductor runs between poles, drops, transformers, suppliers, and meters. D. Electrical Wiring Detail Sheet with tabulation of quantities, service types, electrical chart-- conductors and conduits. E. Standard Detail Sheets as may be applicable F. Task Soecific Designi Meetings. The Consultant will coordinate during design as needed with the City, CenterPoint, TxDOT,and other needed entities to coordinate design decisions. At this time, it is anticipated that approximately three(3)design coordination meetings will be required one(1)meeting for each of Construction Package 2, 3,and 4. Effort associated with meetings and coordination for submittals is included in Task 1 —Program Management. Task 12—Traffic Control A. Consultant will prepare Traffic Control Plans(TCP)demonstrating the construction sequence for Phases A-E of Garth Road. TCP will show the temporary signing and striping required to provide flow of traffic during construction. The construction sequence includes showing temporary signing, striping, drainage and detours, barricades and other channelizing devices, proposed storm sewer construction phasing, public utilities construction phasing and pedestrian routing during construction. Consultant will develop TCP typical sections showing lane widths, channelizing devices, direction of traffic, and work area.The plans will be developed in accordance with the latest edition of the TMUTCD.The TCP design will follow current City of Baytown and TxDOT Barricade and Construction (BC)standards and TCP standards. B. Consultant will coordinate with the City and TOOT in scheduling a Traffic Control Workshop and 30%, 60%, 90%, and 100%submittal of the TCP for approval by the Traffic Control Approval Team (TCAT). The Consultant will assist the City and TOOT in coordinating mitigation impacts to adjacent schools,emergency vehicles, pedestrians, bicyclist and neighborhoods as required. C. Consultant will develop each TCP to provide continuous safe access to each adjacent property during all phases of construction and to preserve existing access. The Consultant shall notify City and TxDOT in the event existing access must be eliminated and must receive approval from the State prior to any elimination of existing access. D. The design will be prepared at 1"=50'on I x17"plan sheets and electronic files using MicroStation.The TCP sheets will consist of. • Traffic Control Narrative • Traffic Control Plan Typical Sections • Traffic Control Plan Layouts • Detour Plans • Standard Detail Sheets Task U—Public Outreach After the TxDOT public outreach meeting period performed as part of the preliminary engineering design, the Consultant will prepare for and attend the following meetings with the City for public outreach purposes: A. Approximately 50 individual meetings with adjacent business and property owners as requested by the City for all phases of the project. • The City will provide the list of tenants and property owners for the individual meetings. • The Consultant will coordinate with the City to schedule the meetings with each of the tenants and property owners and the Consultant will prepare for and attend the meetings as required by the City. B. Coordinate with the City to review and maintain a public 'dashboard" website to provide updated information regarding project milestones and updated design information to the general public. The City has contracted with a web development firm(Bang the Table)to host and build the website. The Consultant will be given access to upload City approved exhibits, schedules, and design documents to the Bang the Table dashboard as deemed appropriate by the City. C. The Consultant will provide five (5) photo-simulation renderings along the corridor (one for each Phase A through E). The locations of the renderings will be decided upon by the City and the Consultant at the 90%Submittal.The renderings will show the roadway improvements and landscape Improvements at the selected locations. D. Prepare for and attend four(4) City Council Presentation to present 90% Construction Documents and update Council on the status of the project prior to moving into the bidding and construction phase of projects. Task U—Construction Packages Construction documents will be prepared as four(4)separate construction packages prepared with the corresponding phases shown on Map t —Overall Garth Road Phasing Map. The construction packages will be broken out as follows: • Construction Document Package 1 —Water and Wastewater Plans for Phase A through E • 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 A. Demolition Layout vii. Overall Utility Sheet viii. Water Plan/Profile ix, Wastewater Plan/Profile X. Wastewater Bypass Pumping Plan A Water and Wastewater Standard Details A. SWPPP 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 vial. Paving Plan/Profile ix. Paving Details x. Signing and Marking A Drainage Area Map xii. Drainage Area Calculations Al. Drainage Plan/Profile xiv. Drainage Laterals xv. Detention Pond Plan xvi, Culvert Crossings xvii. Drainage Details xviii. SWPPP Am Traffic Control Plan xx. Landscape Plan xxi. Hardscape Plan xxii. Irrigation Plan xxiii. Temporary Signals xxiv. Permanent Signals xxv. Illumination Sheets C. Tg&bDical_Saecifications. 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. Project Manual. The City will provide the Consultant with up front-end construction contract documents for the project manual. The Consultant wilt 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. E. Opinions of Probable Costs. Consultant will prepare preliminary level opinions of probable costs (OPCs). Opinions of probable costs provided herein are based on the information known to Consultant at the time of the deliverable and represent only Consultant's judgment as a design professional familiar with the construction industry. F. The Consultant will prepare 30%, 60%,90%,and Final Construction Package Submittals for the Water and Wastewater Construction Package 1 for review by the City.The Consultant will submit the 30%, 60%,and 90%submittals to the City for one round of review. The Final submittal will not be submitted for review but will be issued to the City for bidding and construction. G. The Consultant will prepare 30%,60%,90%,and Final Construction Package Submittals for Construction Packages 2,3,and 4 for review by the City and TxDOT.The Consultant will submit the 30%, 60%, and 90%submittals to the City for one round of review. Then the consultant will address City comments and submit the 30%,60%, and 90%submittal to TxDOT for one round of review. The Final submittal will not be submitted for review but will be issued to the City for bidding and construction. H. The 90%Water and Wastewater Construction Package 1 will be submitted to TCEQ for review. I. Along with the 90%Construction Documents submittal to TxDOT 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 TxDOT 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.BJ-iii; v;viii;xi—xv; and Ax 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) H. 90%Project Manual—PDF to include Technical Specifications and Bid Form, and Front-End documents(provided by the City) 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 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 surveywill 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 surrey 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. Table 15.1 —Estimated Number of Metes and Bounds By Phase Phase Number of Metes and Bounds A 17 B 20 C 17 D 7 E 22 I= 42 TOTAL 125 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 tot,etc. L. Completing TxDOT check list for ROW maps only The deliverables will be in compliance with the TxDOT standards and TxDOrs boundary survey check list for ROW maps. Deliverables will include final signed and sealed ROW maps(in 34x22 size)in hard and soft copies including CAD drawings and any other documents per the checklists. Task 16—Right of Way and Easement Acquisition Services For the convenience of the City, the Consultant will subcontract with firms referred to as the"Consultant's ROW Acquisition Agent" and the "Consultant's Appraiser' for the right of way, temporary construction license, and easement acquisition for the project. The Consultant is not licensed to provide real estate services. A. Appraisals. Once the metes and bounds are approved by the City for the right of way or easements in Task 15, the Consultant's Appraiser will provide appraisals for a maximum of one hundred and twenty five(125)parcels(estimated number of appraisals per Phase is consistent with Table 15.1 above).Appraisals will be approved by the City prior to negotiations with the property owners.The appraisals will be prepared by State Certified Appraisers in accordance with the Uniform Standards of Professional Appraisal Practice(USPAP). The appraisals will be suitable for use in condemnation proceedings, if necessary. B. Title Research.The Consultant's ROW Acquisition Agent will review the preliminary title commitment or preliminary title search provided by the survey sub-consultant to verify the ownership of the parcels to be acquired. C. Negotiations. The Consultant's ROW Acquisition Agent will provide the services of qualified right-of- way agents to meet the requirements of the City to secure the required right-of-way and easements for the project and do the following for up to one hundred and twenty five(125)parcels(estimated number of negotiations per Phase is consistent with Table 15.1 above): • Review the title commitments for an understanding of any title issues specific to a parcel and review the appraisal to communicate value reasoning to the property owner. • Initiate initial contact in the form of an informational letter to each landowner describing the project and its impact upon the landowners property. • Prepare the initial offer letter,instruments of conveyance and other documents required or requested by City. • Make reasonable efforts to negotiate with the property owner in person to develop rapport for successful discussions. • Negotiate on behalf of the City and utilize the conveyance documents and other necessary forms as prescribed by the Consultant and the City. The Consultant's ROW Acquisition Agent will provide a good faith effort to acquire the rights-of-way through a negotiation process,which will generally consist of a maximum of five(5)total contacts (with at least one(1)contact being verbal or in person)with the property owner,or his authorized representative.A maximum of five(5)total contacts will be provided to reach an agreement with the property owner, or to determine that further negotiations will be non-productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone,fax, or by mail. If the schedule for acquisition of the right-of-way or other factors arise,which make it expedient, travel outside of the project area to meet with the absentee owners may be desirable. If such events arise, the travel must be specifically authorized by the City, If such travel is authorized, the expenses involved, including the agent's services,will be considered as Additional Services. • The initial offer made to the property owner will be based on the value authorized by the City. All counter-offers by the property owner, along with the Consultant's ROW Acquisition Agent recommendations will be presented to the City for consideration. The City must establish and recommend such counter offers before the Consultant's ROW Acquisition Agent will be authorized to agree to the requested changes, All monetary offers made to the property owners will be within the limits authorized by the City in the various stages of the negotiation. • After reaching an agreement with the landowner on the consideration and all other terms of the transaction,the Consultant's ROW Acquisition Agent will forward to the City a Memorandum of Agreement(MIA)executed by the property owner to be ratified by the City.This MIA sets forth the compensation and any other terms and conditions agreed upon. The City will be responsible for obtaining the City's ratification and for returning the ratified MIA to the Consultant's ROW Acquisition Agent. The Consultant's ROW Acquisition Agent will then inform the Title Company that the parcel is ready for dosing. The payment to the property owner and the dosing procedures will be in compliance with the procedures defined in the Closing section. • In the event these good faith efforts fail to produce a satisfactorily negotiated easement, the Consultant's ROW Acquisition Agent will recommend to the City that the City use its power of Eminent Domain to acquire the parcels. D. Closing and Filing of Records. Title services, title insurance commitments, policies,closing and escrow services, and updated title commitments will be provided by the Title Company selected by the City("City's Title Company"). The Consultant's ROW Acquisition Agent will do the following for Closing Service Settlement: • Attend closings as needed and provide closing services to support the City's Title Company. • Record original instruments,when applicable, immediately after dosing at the Harris County Clerk's office, except for donations which will be forwarded to the City for acceptance prior to closing. • Coordinate with the City's Title Company to secure all documents to transfer clear title to the City. • Prepare TREC promulgated Unimproved Property Contract, if required by the City's Title Company. • Furnish recording information and copies of recorded documents to the City and Consultant. • Assist the property owner in curing the title in order to complete the transaction. E. Relocations. Relocation Services are not included in this Scope of Work. F, Condemnation • The Consultant's ROW Acquisition Agent will provide services to assist the City's use of its power of eminent domain in acquiring the right-of-wayleasement for up to three(3) parcels. • The Consultant's ROW Acquisition Agent will submit property owner's names on those parcels where negotiations were unsuccessful to the City.The City will be responsible for preparing and approving a resolution authorizing condemnation of the needed parcels. • Upon request of the City's legal advisor, the City will request an updated title commitment from the City's Title Company.The Consultant's Appraiser will provide the City with an updated appraisal report, on each of the parcels requiring condemnation, if necessary. • The Consultant's ROW Acquisition Agent, upon receipt of the updated appraisal and title commitment will prepare a final offer letter for approval to the City and TxDOT.At the request of the City,the Consultant's ROW Acquisition Agent will mail the final offer letter to the property owner. • The Consultant's ROW Acquisition Agent will prepare and furnish to the City's legal advisor a"file package"consisting of updated title commitments,updated appraisal reports, right-of-way agents reports, legal descriptions and any other information in the Consultant's ROW Acquisition Agent files for the legal advisor's use in the required condemnation actions. Task 17—Temporary Construction License The City anticipates obtaining Temporary Construction Licenses 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 licenses 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 License 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 Licenses.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 Licenses. Table 17.1 below shows the estimated number of Temporary Construction Licenses per Phase. Table 17.1 —Estimated Number of Temporary Construction Licenses By Phase Phase Number of Metes and Bounds A 8 B 12 C 17 D 10 E 3 TOTAL 50 Task 18—Phase 11 Environmental Site Assessment This task contains the scope of services for an environmental scientist to provide a Phase fl Environmental Site Assessment(ESA)and report at four sites identified as hazardous materials sites of concern during the Initial Site Assessment. As part of this task,through an environmental sub-consultant (Cox McLain Environmental Consulting, Inc(CMEC))the Consultant will provide the following services: A. Consultant Coordination • Coordinate with CMEC • Review Phase II ESA report and provide one(1)round of comments • Coordinate with the City and TxDOT to provide information to CMEC as needed. B. Subconsuitant Scope of Service: The subconsultant,Cox McLain Environmental Consulting, Inc (CMEC),will provide the following: • Phase II Environmental Site Assessment(ESA)in compliance with ASTM E1903 at four sites identified as hazardous materials sites of concern during the Initial Site Assessment. 1. Leaking Petroleum-Storage Tank(LPST)Sites.Three(3)of the Sites are being investigated due to previous petroleum releases. These sites include: 1. Site one- Shell TPG 215 05 Mobil 12264 located at Garth Road and II-1- 10. (Phase A) 2. Site two-Garth Road Pipeline Site located west of Garth Road within a pipeline easement south of Hunt Road. (Phase B) 3. Site three—multiple locations at the intersection of Garth Road and Baker Road including former Chevron(now McDonald's)on NW corner, Former Stop and Go 1267(now Shipley's Donuts)on SE corner; Custom Cleaners 300 feet NW of the intersection;and a groundwater plume of unknown origin located within the ROW. (Phase E) ii. Dry Cleaner(DC)Sites.Two(2)sites will be investigated due to previous releases and ongoing remediation efforts: 1. Site three—Custom Cleaners located northwest of the intersection of Garth Road and Baker Road. (Phase E) 2. Site four—Former Bel Air and Glo Cleaners located west of Garth Road south of Cedar Bayou Lynchburg Road. (Phase E) • Field Sampling. Fieldwork will include the following: i. Soil and groundwater sampling within the existing or proposed right of way (ROW)near hazardous materials sites of concern. Between two(2)and six(6) soil borings will be completed at each site.The soil borings will reach a maximum depth of twenty(20)feet below ground surface(bgs)or five(5)feet below the top of the water table if encountered. ii. Soil cuttings will be logged and visually inspected for signs of hydrocarbons or petroleum or chemical odors. A photoionization detector(PID)will be used to Field screen soil cuttings. III. Where groundwater is encountered, water samples will be collected. After sampling completion,the boreholes will be filled with soil cuttings if no apparent signs of hydrocarbons are identified or Indicated by elevated PID readings,and capped with bentonite. Concrete patching will occur if drilling through concrete is necessary. • Laboratory Analysis_Soil and groundwater samples will be submitted to a Texas Commission on Environmental Quality(TCEQ)approved laboratory that is accredited through Texas Laboratory Accreditation Program(TLAP)and the National Environmental Laboratory Accreditation Conference(NELAC). The following analyses will be performed. i. Groundwater and soil samples from LPST Sites will be analyzed for Total Petroleum Hydrocarbons(TPH) by and Benzene,Toulene, Ethylbenezene, and Xylene(BTEX)and Methyl tert-butyl ether(MTBE).Soil samples will be analyzed for percent moisture. ii. Groundwater and soil samples from DC Sites will be analyzed for Volatile Organic Compounds(VOC)and Semi-Volatile Organic Compounds(SVOCs). Soil samples will be analyzed for percent moisture. • Phase 11 ESA Report.A report complying with ASTM E1903 Phase II ESA standards will be prepared.The report will Include a summary of methods, photos, maps,soil boring logs,analytical results, laboratory reports,waste disposal documentation, and recommendations. LPST results will be compared to the Texas Commission on Environmental Quality(TCEQ)Petroleum Storage Tank(PST)Action Levels for soil contamination, and DC results will be compared to the TCEQ Texas Risk Reduction Rules(TRRR)Protective Concentration Levels(PCL).An electronic version of the report will be provided. CMEC will address one round of City comments. Task 19—Public Art Conceptual Deslan It is anticipated that the City will install public art within the median at the Intersection of 1-10 and Garth Road(Phase A). For the Public Art Conceptual Design, the Consultant will provide the following services: A. Meet with City Staff and stakeholders to determine design inspiration. At this time, it is anticipated that approximately two(2)coordination meetings will be required. B. Design up to two(2)concepts for public art.The concepts will include 2 elevation views of each Identifying scale, structure, graphic composition,materials,type styles, lighting and affinity imagery to convey the design intent. C. Prepare a draft for review and revise concepts based on one(1)round of reasonable comments. Deliverables: A. An electronic(PDF)of the two(2)draft concepts for public art. B. An electronic(PDF)of the two(2)final concepts for public art. Task 20—Public Art Desion Develoament Based on the approved Task 19-Concept for Public Art at the Intersection of 1-10 and Garth Road (Phase A),the Consultant will provide one of the following services: A. The Consultant will assist in the placement, design direction, management,and coordination of one(1)public art piece by an artist of the City's choosing. The Consultant's services include: a. Assist City in selection of artist. b. Coordinate vision and milestones with the artist via email, phone calls, and meetings. c. Communicate public art status to the City. d. Identify the location of public art in the Hardscape Plans. e. Structural design of the base only. f. Uplighting and electrical design. B. The Consultant will provide design intent drawings of the public art. Services will include: a. Schematic layout and details prepared for the purpose of communicating the general layout, materials,and structure that will be provided to the contractor who will be responsible for developing shop drawings with a manufacturer, b. Review of shop drawings prepared by the Contractor. c. Structural design of the base only. Signed, sealed structural design of the public art to be provided by the Contractor. d. Uplighting and electrical design. Contractor to provide electrical service needs to the electrical engineer for incorporation into the electrical design. C. Task Specific Design Coordination Meetings. The Consultant will coordinate during design as needed with the City and other needed entities to 000rdinate design decisions. At this time, it is anticipated that two(2)design coordination meetings in addition to those described in the task above will be required. Effort associated with meetings and coordination for submittals is included in Task 1 —Program Management. Due to the unknown scope of work for the proposed public art,this task will be completed on an hourly, not to exceed basis.This proposal assumes 180 hours of effort for the Consultant as shown in Exhibit B— Level of Effort. If additional effort is required beyond the hours shown in Exhibit B,it will be considered an Additional Service. 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 in 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-Ham 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. EXHIBIT-8' LEVEL OF EFFORT 11m1 / 1.1 Fld Iw.aa fN4Ju 1n\Ir rl*d n." .W.$w .MJ6\If CAM IaVI WYrw Cw— r_R r+• rwl.F d fJialu .4Jt\J MJaoI\vIV_ I.a k_ Narryr rab— I.rSYaw Fl1 b-I..J Ad m r d IN: 1\�nI{lal Sak 1 y10•IaMi+a1. 6 ld 1• 1 l_ S l 1 S 4J I.r 1 ?✓ t II Yti IIM. �•' � •1�� p� i S 4W S J•Itl rS •1.f J 4 t ♦1_ i i J 1 t } Y rMa palrJ 1•t-1 J • J J S 4 w Yr 11 1 4 Jft—C l:AI t 1111 i i ..aY .Ira •o OR. 1i11.1 IN J 1 J y K •-1 i J 1 1 a elq f ,.W Iwn 111 J J J J P. 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In}LL vN-.ii Sb F- TOTAL SubU,Lh Wp.nr4 w P4rlpal NFL% SIT CA03) Cm Lylte-t U0 to% suersMCMIMM q na 1 a 5 JWa Yaf�,1 A I S W Pr. .p le ow tnlal, Mp S 11 1 a Y a I a. S.pl rLalleted Per Panel TMI mPhamA&B $2 0 1 re 37 SUA70 2� SMA41) 22 SSO,S20 a2 MA20 TOTAL KIIO►1ETES A125 SZ , Stread IV S bFee TOTAL Eudy -Ah"Name lTL•-W,.. hi-4w QPL% MIT C,WD t— Ev— Tna1 14% Si■F.0 SIy401 3FF,m Al,m SN(m \lar► Ta,t ISbRow m apd■■• ky.•IYlnl F+ 1a7+ Ia ex6 4; 16 S i,1 +wot NPea•P� a J S 414 1 ♦ ,Ts b ) h66 PAW J ) 4 J i .1 91 16 ).■V q y. Tad lie •an'q ■• alal h vn _," Iswl F N S 4.1.1M jwu Y x ,1a ■ oa o h + . h+. 1 It31 ) }7-lm '+nn TaPe 1.•1v a 1 J S JIJ •t 1a•paY I aDOI*.kurd s SALA mrp w ♦ 1.M M Yf. y :bi6 J s 1 aea n _ 1 e 1 e rya any x,mr + I. s mn v, a a d I J s 414 h KJ+ l1wl Al. 6 J s 1 n n YI $3,25, SINM —F-Irl- 6Frr Tor..L K--k1 soul Nas¢ FEE la:. 4Is+f. Tod MAORr APFN AKAL Ntrt Irr for++1 w Phases Panels Phase A&11 37 $172,971 14a,eC It.n 24 s111.2h0 Pha.r F: 22 s1o:,aw Hhasr F 42 519 W L CHRE FEF1 125 $584.375 T.+►163 %%%o7wm.�umilo ,RE YF FEE NrrWlaee rr.ran rl Fer . Minj Phaes P*vttLs Phase A&R 37 S14LAM Phase C&h 24 S92.100 Phau E 22 S81.700 Phase F /2 5141,700 '1'OTA1-R%VS FIX 125 501.250 }f 310 �.h f. 1{11.11. i sin swk.-L —txwlrwm FEE. th!: Ito t PA 17 H,,,RO11'.ICQuism0YACEM FEE NrpHrerd frr a f, ■kS P3lrCth Pk=e A&a 20 s.L1006 n!! C&0 27 s".SW Ppast t 5�.950 TOTAL R%VS FEEI SO 1 $32,500 E apA�.e +IA W fuJM N+Rr MC%L Sulu%NA w D-F14— \I.u=eA +r EaA.}A 1 Ea.hel[I G•P, En UAl11 Art" EApe.e tPral IP!: SllWo S73JM 51aM SH1M RASA@ W,71 S IPyi wAMAYW iY9 1! S i 5 [IIAi «I• a A. lat q TA+S Ill F {_ c•1 A S3"Ill s 15 1 lV l 10 S 4.i:l A imalpmr — ri S 1.W S I1+A7 rl A i 1 IV III-- J GarthRoad Phase A- E Final Design Fee Summary by Task Task Task Name Fee Fee Type 1 Program Management(Lump Sum $ 420.000.00 LS 2 Survey(Lump Sum $ 170,600.00 LS 3 SUE(Lump Sum $ 536,800.00 LS 4 Geotechnical Investigation (Lump Sum) $ 135,100.00 LS 5 Roadmay Design (Lump Sum $ 971,700.00 LS 6 Drainage Design(Lump Sum $ 871,600.00 LS 7 Water/Wastewater Design (Lump Sum $ 545,500.00 LS 8 Franchise Utility Coordination and Gas Coordination(Lump Sum $ 327,900.00 LS 9 Landscape Architecture Design(Lump Sum $ 154,500.00 LS 10 Temporary and Permanent Signal Design(Lump Sum $ 311,800.00 LS 11 Illumination Design(Lump Sum $ 232,800.00 LS 12 Traffic Control(Lump Sum $ 284.100.00 LS 13 Public Outreach(Lump Sum $ 102,800.00 LS 14 Construction Documents(Lump Sum $ 663,500.00 LS 15 Metes and Bounds and ROW Map Surveying Services(Lump Sum $ 374,600.00 LS 16 Right of Way and Easement Acquisition(Lump Sum $ 1,149,400.00 LS 17 Temporary Construction License(Lump Sum $ 118 300.00 LS 18 Phase II ESA_(Lump Sum $ 78.700.00 LS 19 Public Art Conceptual Design -Phase A(Lump Sum $ 15,900.00 LS 20 Public Art Design Development-Phase A(Hourly Not to Exceed $ 35,100.00 NTE Design Fee Total $ 7,500,700.00 21 Bid Phase Services(Hourly Not to Exceed $ 87,500.00 NTE 22 Construction Phase Services(Hourly Not to Exceed $ 400,700.00 NTE Total Contract Fee Total $ 7,988,900.00 EXMBIT'C' __ ..-_... ._,. 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