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Ordinance No. 14,071ORDINANCE NO. 14,071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PRELIMINARY DESIGN SERVICES ASSOCIATED WITH THE GARTH ROAD WIDENING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Kimley-Horn and Associates, Inc., for preliminary design services associated with the Garth Road Widening Project. A copy of said agreement 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 25'h day of April, 2019. RANDON CAPETILLO, Mayor ATT T: LF. ICIA BRYSCH, City .lerk • � •e A APPROVED AS TO FORM: �'. U3 ri 1 NACIO RAMIREZ, SR. ty Attorney R Karen Files,CityCouncil Ordinances 20191April255KimleyHomistAmendment2Agmcment4GanhRoadWideningProjectPrelimmaryDesign.doe Exhibit "A" FIRST AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS THIS FIRST AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, hereinafter the "First Amendment," is made by and between the City of Baytown, a home -rule municipal corporation located in Harris and Chambers County, Texas, having its principal business address at 2401 Market Street, Baytown, Texas 77520, hereinafter called "City" and Kimley-Horn and Associates, Inc., having its principal business address at 11700 Katy Freeway, Suite 800, Houston, TX 77079 hereinafter called "Engineer," for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and WHEREAS, on October 31", 2018, in accordance with the Professional Services Procurement Act, the City and Engineer entered into the Standard Form of Agreement between Owner and Engineer for Professional Services (the "Agreement") for engineering services associated with the Garth Road Widening Project (the "Project"); and WHEREAS, Engineer and City desire to amend the Agreement in order to supplant the Agreement with the terms and conditions contained herein; and NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows. AGREEMENT The terms and conditions herein shall supersede and replace those contained in the Agreement. All references hereinafter to "Contract" or "Agreement" shall mean this First Amendment. ARTICLE I. SCOPE OF SERVICES. The City and the Engineer will furnish items and perform those services for fulfillment of the Contract as identified in Attachment B "Services to be Provided by the City" and Attachment C "Services to be Provided by the Engineer." All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. ARTICLE 2. CONTRACT PERIOD. This First Amendment becomes effective when fully executed by all parties hereto and it shall terminate at the close of business on completion and acceptance of the Project by the City unless the Contract period is: (1) modified by written supplemental agreement prior to the date of termination as set forth in Attachment A "General Provisions," Article 6 "Supplemental Agreements"; (2) extended due to a work suspension as provided for in Attachment A, "General Provisions," Article 3, Paragraph C; or (3) otherwise terminated in accordance with Attachment A "General Provisions," Article 15 "Termination." Any work performed or cost incurred before or after the Contract period shall be ineligible for reimbursement. First Amendment to the Standard Form of A cement between Owner and Engineer for Professional Services, Page 1 ARTICLE 3. COMPENSATION. A. Maximum Amount Payable. The maximum amount payable under this Contract without modification is shown in Attachment E "Fee Schedule." Payment under this Contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Contract shall be terminated immediately with no liability to either party. B. Basis of Payment. The basis of payment is identified in Attachment E "Fee Schedule." Reimbursement of costs incurred under a work authorization shall be in accordance with Attachment E "Fee Schedule." C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E "Fee Schedule"; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment. D. Engineer Payment of Subproviders. No later than ten (10) days after receiving payment from the City, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The City may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The City may also suspend the work under this Contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts. ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements. The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. B. Billing Statement. The billing statement shall show the work authorization number for each work authorization included in the billing, the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement for each work authorization. The billing statement shall indicate if the work has been completed or if the billing is for partial completion of the work. The fixed fee will be paid in proportion to the percentage of work completed per work authorization. C. Overhead Rates. The Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire Contract period. D. Thirty Day Payments. Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. First Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 2 E. Withholding Payments. The City reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) If a dispute over the work or costs thereof is not resolved within a thirty -day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; or (4) required reports are not received. In the event that payment is withheld, the City shall notify the Engineer and give a remedy that would allow the City to release the payment. F. Required Reports. (1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements. (2) Prior to Contract closeout, the Engineer shall submit a Final Report (Exhibit H-4) to the address set forth in Attachment H. (3) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the City to document the progress of the work. G. Subproviders and Suppliers List. Pursuant to requirements of 43 Texas Administrative Code §9.350 et seq., the Engineer must provide the City a list (Exhibit H-5/DBE or Exhibit H-6/HUB) of all Subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders and suppliers names, addresses, telephone numbers, and type of work desired. H. Debt to the City. If the Engineer becomes indebted to the City as described in Section 2-662 of the Code of Ordinances, Baytown, Texas, the City shall apply all payment due the Engineer to the debt or delinquent tax until the debt or delinquent tax is paid in full. Audit. The City's Director of Finance may conduct an audit or investigation of any entity receiving funds from the City directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City's Director of Finance to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the City's Director of Finance with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 5. WORK AUTHORIZATIONS. The City will issue work authorizations using the form included in Attachment D (Work Authorizations and Supplemental Work Authorizations) to authorize all work under this Contract. The Engineer must sign and return a work authorization within seven (7) working days after receipt. Refusal to accept a work authorization may be grounds for termination of the Contract. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly associated with or prior to the execution of a work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A "General Provisions," Article 1. First Amendment to the Standard Form of Aereement between Owner and Engineer for Professional Services, Page 3 ARTICLE 6. SIGNATORY WARRANTY. The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the City to enter into this Contract. ARTICLE 7. NOTICE. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: ENGINEER CITY Kimley-Horn and Associates, Inc. City of Baytown 11700 Katy Freeway, Suite 800 2401 Market Street Houston, TX 77079 Baytown, Texas 77520 Attn: Vice President Attn: City Manager All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments A through H are attached hereto and incorporated into this Contract as if fully set forth herein. IN WITNESS WHEREOF, the City and the Engineer have executed this Contract in duplicate_ 131►L14 d DI_DI I (Printed Name) (Title) (Date) First Amendment to the Standard Form of Aueement between Owner and Engineer for Professional Services, Page 4 CITY OF BAYTOWN (Printed Name) (Title) (Date) Attachments and Exhibits to the First Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services Incorporated into the Contract by Reference Attachments Title A General Provisions B Services to Be Provided by the City C Services to Be Provided by the Engineer D Work Authorization and Supplemental Work Authorization E Fee Schedule F Work Schedule G Computer Graphics Files for Document and Information Exchange, if applicable H-FG Disadvantaged Business Enterprise (DBE) for Federal Funded Professional or Technical Services Contracts - See Attachment H Instructions H FN Disadvantaged Business Enterprise (DBE) for Race -Neutral Professional or Technical Services Contracts See Attachment H instructions H - SG Historically Underutilized Business (HUB) Requirements for City Funded Professional or Technical Services Contracts City of Texas HUB. Subcontracting plan required - See Attachment H Instructions H SN Historically Underutilized Business (HUB) Requirements for City Funded Professional or Technical Services Contracts No City of Texas HUB Exhibits Title H — 1 Subprovider Monitoring System Commitment Worksheet H — 2 Subprovider Monitoring System Commitment A eement H 3 Monthly Progress Assessment Report H - 4 Subprovider Monitoring System Final Report H - 5 Federal Subproviders and Supplier Information H - 6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report List of Attachment and Exhibits, Page Solo ATTACHMENT A GENERAL PROVISIONS INDEX TO PROVISIONS Article Tide l Work Authorizations 2 Progress 3 Suspension of Work 4 Additional Work 5 Changes in Work 6 Supplemental Agreements 7 Ownership of Data 8 Public Information 9 Personnel, Equipment and Material 10 License for City Logo Use II Subcontracting 12 Inspection of Work 13 Submission of Reports 14 Violation of Contract Terms 15 Termination 16 Compliance with Laws l7 Indemnification 18 Engineer's Responsibility 19 Non -collusion 20 Insurance 21 Gratuities 22 DBE/HUB Requirements 23 Maintenance, Retention and Audit of Records 24 Nepotism Disclosure 25 Civil Rights Compliance 26 Patent Rights 27 Computer Graphics Files 28 Child Support Certification 29 Disputes 30 Successors and Assigns 31 Severability 32 Prior Contracts Superseded 33 Conflict of Interest 34 Office ofManagement and Budget OMB Audit Requirements 35 Debarment Certifications 36 E-Verify Certification 37 Restrictions on Employment of Former City Officer or 38 Pertinent Non -Discrimination Authorities 39 Boycott Israel Attachment A, Page I ATTACHMENT A GENERAL PROVISIONS ARTICLE 1. WORK AUTHORIZATIONS A. Use. The Engineer shall not begin any work until the City and the Engineer have signed a work authorization. Costs incurred by the Engineer before a work authorization is fully executed or after the completion date specified in the work authorization are not eligible for reimbursement. All work must be completed on or before the completion date specified in the work authorization, and no work authorization completion date shall extend beyond the contract period set forth in Article 2 of the contract (Contract Period). B. Contents. Each work authorization will include: (1) types of services to be performed; (2) a period of performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a work schedule with milestones; (5) a cost not to exceed amount, (6) the basis of payment whether cost plus fixed fee, unit cost, lump sum, or specified rate; and (7) a work authorization budget calculated using fees set forth in Attachment E "Fee Schedule." The Engineer is not to include additional contract terms and conditions in the work authorization. In the event of any conflicting terms and conditions between the work authorization and the contract, the terms and conditions of the contract shall prevail and govern the work and costs incurred. C. Work Authorization Budget. A work authorization budget shall set forth in detail (1) the computation of the estimated cost of the work as described in the work authorization, (2) the estimated time (hours. -,days) required to complete the work at the hourly rates established in Attachment E, Fee Schedule; (3) a work plan that includes a list of the work to be performed, (4) a stated maximum number of calendar days to complete the work, and (5) a cost -not -to - exceed -amount or unit or lump sum cost and the total cost or price of the work authorization. The City will not pay items of cost that are not included in or rates that exceed those approved in Attachment E. D. No Guaranteed Work. Work authorizations are issued at the discretion of the City. While it is the City's intent to issue work authorizations hereunder, the Engineer shall have no cause of action conditioned upon the lack or number of work authorizations issued. E. Incorporation into Contract. Each work authorization shall be signed by both parties and become a part of the contract. No work authorization will waive the City's or the Engineer's responsibilities and obligations established in this contract. The Engineer shall promptly notify the City of any event that will affect completion of the work authorization. F. Supplemental Work Authorizations. Before additional work may be performed or additional costs incurred, a change in a work authorization shall be enacted by a written supplemental work authorization in the form identified and attached hereto as Attachment D. Both parties must execute a supplemental work authorization within the period of performance specified in the work authorization. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance or prior to the execution of the work authorization. The Engineer shall allow adequate time for review and approval of the supplemental work authorization by the City prior to expiration of the work authorization. Any supplemental work authorization must be executed by both parties within the time period established in Article 2 of the contract, (Contract Period). Under no circumstances will a work authorization be allowed to extend beyond the contract's Attachment A, Page 2 expiration date or will the total amount of funds exceed the maximum amount payable set forth in Article 3A of the contract (Compensation). F-1. More Time Needed. If the Engineer determines or reasonably anticipates that the work authorized in a work authorization cannot be completed before the specified completion date, the Engineer shall promptly notify the City. The City may, at its sole discretion, extend the work authorization period by execution of supplemental authorization, using the form attached hereto as Attachment D. F-2. Changes in Scope. Changes that would modify the scope of the work authorized in a work authorization must be enacted by a written supplemental work authorization. The Engineer must allow adequate time for the City to review and approve any request for a time extension prior to expiration of the work authorization. If the change in scope affects the amount payable under the work authorization, the Engineer shall prepare a revised work authorization budget for the City's approval. G. New Work Authorization. If the Engineer does not complete the services authorized in a work authorization before the specified completion date and has not requested a supplemental work authorization, the work authorization shall terminate on the completion date. At the sole discretion of the City, it may issue a new work authorization to the Engineer for the incomplete work using the unexpended balance of the preceding work authorization for the project. If approved by the City, the Engineer may calculate any additional cost for the incomplete work using the rates set forth in the preceding work authorization and in accordance with Attachment E "Fee Schedule." H. Emergency Work Authorizations. The City, at its sole discretion, may accept the Engineer's signature on a faxed or scanned copy of the work authorization as satisfying the requirements for executing the work authorization, provided that the signed original is received by the City within five (5) calendar days from the date on the faxed or scanned copy. Deliverables. Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the City for review and acceptance. ARTICLE 2. PROGRESS A. Progress meetings. The Engineer shall from time to time during the progress of the work confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary or as may be requested by the City in order to evaluate features of the work. B. Conferences. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. C. Inspections. If federal or state funds are used to reimburse costs incurred under this contract, the work and all reimbursements will be subject to periodic review by the U. S. Department of Transportation and/or the Texas Department of Transportation, as appropriate. D. Reports. The Engineer shall promptly advise the City in writing of events that have a significant impact upon the progress of a work authorization, including: Attachment A, Page 3 problems, delays, adverse conditions that will materially affect the ability to meet the time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken or contemplated, and any City or federal assistance needed to resolve the situation; and 2. favorable developments or events which enable meeting the work schedule goals sooner than anticipated. E. Corrective Action. Should the City determine that the progress of work does not satisfy the milestone schedule set forth in a work authorization, the City shall review the work schedule with the Engineer to determine the nature of corrective action needed. ARTICLE 3. SUSPENSION OF WORK AUTHORIZATION A. Notice. Should the City desire to suspend a work authorization but not terminate the contract, the City may verbally notify the Engineer followed by written confirmation, giving (30) thirty days' notice. Both parties may waive the thirty -day notice in writing. B. Reinstatement. A work authorization may be reinstated and resumed in full force and effect within sixty (60) calendar days of receipt of written notice from the City to resume the work. Both parties may waive the sixty-day notice in writing. C. Contract Period Not Affected. If the City suspends a work authorization, the contract period as determined in Article 2 of the contract (Contract Period) is not affected and the contract and the work authorization will terminate on the date specified unless the contract or work authorization is amended to authorize additional time. D. Limitation of Liability. The City shall have no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or after the completion date of the contract or work authorization. ARTICLE 4. ADDITIONAL WORK A. Notice. If the Engineer is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the City in writing, presenting the facts of the work authorization and showing how the work authorization constitutes additional work. B. Supplemental Agreement. If the City finds that the work does constitute additional work, the City shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6, Supplemental Agreements. C. Limitation of Liability. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with or prior to the execution of a supplemental agreement. ARTICLE 5. CHANGES IN WORK A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in accordance with the terms of this contract but the City requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Attachment A, Page 4 contract, the Engineer shall snake such revisions as requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 4, Additional Work. B. Work Does Not Comply with Contract. If the Engineer submits work that does not comply with the terms of this contract, the City shall instruct the Engineer to make such revision as is necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this contract which are necessary to correct errors or omissions appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE b. SUPPLEMENTAL AGREEMENTS A. Need. The terms of this contract may be modified if the City determines that there has been a significant increase or decrease in the duration, scope, cost, complexity or character of the services to be performed. A supplemental agreement will be executed to authorize such significant increases or decreases. Significant is defined to mean a cost increase of any amount and a cost decrease of twenty percent (20%) or more of the original estimated project cost. B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the contract (Compensation). Significant changes affecting the cost or maximum amount payable shall be defined to include but not be limited to new work not previously authorized or previously authorized services that will not be performed. The parties may reevaluate and renegotiate costs at this time. C. When to Execute. Both parties must execute a supplemental agreement within the contract period specified in Article 2 of the contract (Contract Period). ARTICLE 7. OWNERSHIP OF DATA A. Work for Hire. All services provided under this contract are considered work for hire and as such all data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the property of the City. B. Disposition of Documents. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon request by the City. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this contract, but further use of the data is subject to permission by the City. C. Release of Design Plan. The Engineer (1) will not release any design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the City's ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the City. Attachment A, page 5 ARTICLE 8. PUBLIC INFORMATION AND CONFIDENTIALITY A. Public Information. The City will comply with Government Code, Chapter 552, the Public Information Act, and 43 Texas Administrative Code §3.10, el seq. in the release of information produced under this contract. B. Confidentiality. The Engineer shall not disclose information obtained from the City under this contract without the express written consent of the City. C. Access to Information. The Engineer is required to make any information created or exchanged with the City pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE 9. PERSONNEL, EQUIPMENT AND MATERIAL A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance of all services, in addition to providing adequate and sufficient personnel and equipment to perform the services required under the contract. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or it will be able to obtain such personnel from sources other than the City. B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The City may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the City, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work. C. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as possible, but no later than three calendar days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal. D. City Approval of Replacement Personnel. The Engineer may not replace the project manager or key personnel without prior consent of the City. The City must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the City determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the City within forty-five (45) days. E. Ownership of Acquired Property. Except to the extent that a specific provision of this contract states to the contrary, the City shall own all intellectual property acquired or developed under this contract and all equipment purchased by the Engineer or its subcontractors under this contract. All intellectual property and equipment owned by the City shall be delivered to the City when the contract terminates, or when it is no longer needed for work performed under this contract, whichever occurs first. ARTICLE 10. LICENSE FOR CITY LOGO USE A. Grant of License; Limitations. The Engineer is granted a limited revocable non-exclusive license to use the City's logo on any deliverables prepared under this contract that are the property Attachment A, Page 6 of the City. The Engineer may not make any use of such logo on any other materials or documents unless it first submits that request in writing to the City and receives approval for the proposed use. The Engineer agrees that it shall not alter, modify, dilute, or otherwise misuse the City's logo or bring it into disrepute. B. No Assignment or Sublicense. The Engineer may not assign or sublicense the rights granted by this article without the prior written consent of the City. C. Term of License. The license granted to the Engineer by this article shall terminate at the end of the term specified in Article 2 of this contract. ARTICLE 11. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional services related to the work under this contract without prior written approval from the City. B. DBE/HUB Compliance. The Engineer's subcontracting program shall comply with the requirements of Attachment H of the contract (DBE HUB Requirements). C. Required Provisions. All subcontracts for professional services shall include the provisions included in Attachment A "General Provisions," and any provisions required by law. The Engineer is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from the basis of payment by the City to the Engineer. D. Prior Review. Subcontracts for professional services in excess of $25,000 may be reviewed by the City prior to performance of work thereunder. E. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 12. INSPECTION OF WORK A. Review Rights. The City, the Texas Department of Transportation, and the U. S. Department of Transportation, when state or federal funds are involved, and any of their authorized representatives shall have the right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in which it is being performed. B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the state or federal representatives in the performance of their duties. ARTICLE 13. SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before a final report is issued. The City's comments on the Engineer's preliminary report must be addressed in the final report. Attachment A, Page 7 ARTICLE 14. VIOLATION OF CONTRACT TERMS A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the City arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. Causes. The contract may be terminated before the stated completion date by any of the following conditions. 1. By mutual agreement and consent, in writing from both parties; 2. By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner; 3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein; 4. By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty calendar days' notice of termination in writing to the Engineer. 5. By the City, if the Engineer violates the provisions of Attachment A "General Provisions" Article 21 "Gratuities," or Attachment H "Disadvantaged Business Enterprise.,Historically Underutilized Business Requirements." 6. By satisfactory completion of all services and obligations described herein. B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty -day notice period in excess of the amount incurred during the preceding thirty days. C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City terminates this contract for fault on the part of the Engineer, the City will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E "Fee Schedule") by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the City of the work performed. D. Calculation of Payments. The City shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E "Fee Schedule." The sum of the provisional overhead percentage rate for payroll additives and for general and administrative overhead costs during the years in which work was performed shall be used to calculate partial payments. Any Attachment A, Page 8 portion of the fixed fee not previously paid in the partial payments shall not be included in the final payment. E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish the rights, duties, and obligations of the City and the Engineer under this contract, except for those provisions that establish responsibilities that extend beyond the contract period. G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion, and the Engineer shall be liable to the City for any additional cost to the City. ARTICLE 16. COMPLIANCE WITH LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 17. INDEMNIFICATION A. Indemnification. The Engineer shall indemnify the City and the City's officers and employees against liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Engineer, the Engineer's agent, or another entity over which the Engineer exercises control. B. Attorney Fees. The Engineer shall reimburse, in proportion to Engineer's liability, the City's reasonable attorney's fees incurred defending the City against a claim based wholly or partly on the negligence of, fault of, or breach of contract by Engineer, Engineer's agent, or another entity over which Engineer exercises control. ARTICLE 18. ENGINEER'S RESPONSIBILITY A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. Attachment A, Page 9 B. Errors and Omissions. The Engineer's responsibility for all questions arising from design errors or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. C. Professionalism. The Engineer shall perform the services it provides under the contract: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. D. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. E. Resealing of Documents. Once the work has been sealed and accepted by the City, the City, as the owner, will notify the party to this contract, in writing, of the possibility that a City engineer, as a second engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second engineer will affix his seal to any work altered, completed, convected, revised or added. The second engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original engineer's design. ARTICLE 19. NONCOLLUSION A. Warranty. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 20. INSURANCE A. Generally. Throughout the term of this Agreement, the Engineer at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Engineer's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the Engineer, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. B. Primary Insurance. The Engineer's insurance coverage shall be primary insurance with respect to the City, its officers, agents and employees. Any insurance or self-insurance maintained by the City, its officials, agents and employees shall be considered in excess of the Engineer's insurance and shall not contribute to it. Further, the Engineer shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. Attachment A, Page 10 C. Policies. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this contract: Commercial General Liability (CGL) General Aggregate: $2,000,000 Products & Completed Operations: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $1,000,000 a. Coverage shall be broad form CGL. b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy Combined Single Limits: $1,000,000 a. Coverage for "Any Auto." Workers' Compensation Insurance Statutory Limits Employer's Liability $1,000,000 Waiver of Subrogation required Errors & Omissions (E&O) Limit: $2,000,000 a. For all engineers, and/or design companies. b. Claims -made form is acceptable. c. Coverage will be in force for three (3) years after project is completed. D. Certificates of Insurance. Upon execution of this contract, Engineer shall file with the City valid Certificates of Insurance and endorsements acceptable to the City. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the City via certified mail, return receipt requested. The Engineer shall also file with the City valid Certificates of Insurance covering all subcontractors. E. Requirements. The following are general requirements applicable to all policies: 1. AM Best Rating of A-:VII or better. 2. Waiver of subrogation required. 3. Insurance carvers licensed and admitted to do business in State of Texas will be accepted. 4. Liability policies will be on occurrence form. E & O can be on claims -made form. 5. City, its officers, agents and employees are to be added as Additional Insured to the commercial general liability and business automobile policies. 6. Upon request of and without cost to City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to City's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to City's representative prior to execution of this agreement. 7. Upon request of and without cost to City, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to City's representative. Attachment A, Page 11 ARTICLE 21. GRATUITIES A. Employees Not to Benefit. Employees of the City shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the City under this contract. B. Liability. Any person doing business with or who reasonably speaking may do business with the City under this contract may not make any offer of benefits, gifts or favors to department employees. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H "Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements" with an assigned goal or a zero goal, as determined by the City. ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for seven (7) years from the date of final payment under this contract, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Availability. The City or any of its duly authorized representatives, the Texas Department of Transportation, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the Engineer's Records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 24. NEPOTISM DISCLOSURE A. Definition. In this section the term "relative" means: 1. a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or 2. the grandparent, parent, sibling, child, or grandchild of the person's spouse. B. Notification. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to the City Manager, City of Baytown, 2401 Market Street, Baytown, Texas 77520. The notice shall specify the Engineer's firm name, the name of the person who submitted the notification, the Project title, the person that is principally responsible for the contract, the name of the relevant City employee, the expected role of the Engineer employee on the project, the name of the City employee who is a relative of the Engineer employee, the title of the City employee, the work location of the City employee, and the nature of the relationship. C. Acknowledgment. By executing this contract, the Engineer is certifying that the Engineer does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by City unless the Engineer has notified City of each instance as required by subsection (b). Attachment A, Page 12 D. Duty to Disclose. If the Engineer learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by the City, the Engineer shall notify the City under subsection (b) of each instance within thirty days of obtaining that knowledge. E. Violations. If the Engineer violates this section, the City may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 25. CIVIL RIGHTS COMPLIANCE A. Compliance with Regulations: The Engineer will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Engineer of the Engineer's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the City or the TxDOT to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer will so certify to the City or TxDOT, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or TxDOT may determine to be appropriate, including, but not limited to: I . withholding of payments to the Engineer under the contract until the Engineer complies and/or 2. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Engineer will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take such action with respect to any subcontract or procurement as the City or TxDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Attachment A, Page 13 the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Engineer may request the City to enter into such litigation to protect the interests of the City. In addition, the Engineer may request the City to enter into such litigation to protect the interests of the City. ARTICLE 26. PATENT RIGHTS The City and TxDOT shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract. ARTICLE 27. COMPUTER GRAPHICS FILES The Engineer agrees to comply with Attachment G "Computer Graphics Files for Document and Information Exchange" if determined by the City to be applicable to this contract. ARTICLE 28. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Engineer certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Engineer is liable to the City for attorney's fees, the cost necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or the contract. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court- supervised effort to improve earnings and child support payments. ARTICLE 29. DISPUTES A. Disputes Not Related to Contract Services. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the services authorized herein. B. Disputes Concerning Work or Cost. In the event of a disputed or contested invoice, that portion so contested may be withheld from payment. It is expressly understood and agreed that Engineer will not charge any interest or penalty on any portion of an invoice that is disputed and/or withheld and that Engineer will not suspend services under the agreement on account of a disputed invoice or on account of monies withheld. All payments will be credited first to principal and then to interest. C. No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and Engineer hereby agree that no claim or dispute between the City and Engineer arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Engineer consents to be joined in the arbitration proceeding if Engineer's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. Attachment A, Page 14 ARTICLE 30. SUCCESSORS AND ASSIGNS The Engineer and the City do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the City. ARTICLE 31. SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 32. PRIOR CONTRACTS SUPERSEDED This contract constitutes the sole agreement of the parties hereto for the services authorized herein and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 33. CONFLICT OF INTEREST A. Representation by Engineer. The Engineer represents that its firm has no conflict of interest that would in any way interfere with its or its employees' performance of services for the department or which in any way conflicts with the interests of the department. The Engineer further certifies that this agreement is not barred because of a conflict of interest pursuant to Texas Local Government Code, Chapters 171 or 176, between it and the City. B. Certification Status. The Engineer certifies that it is not: 1. a person required to register as a lobbyist under Chapter 305, Government Code; 2. a public relations fine; or 3. a government consultant. C. Environmental Disclosure. If the Engineer will prepare an environmental impact statement or an environmental assessment under this contract, the Engineer certifies by executing this contract that it has no financial or other interest in the outcome of the project on which the environmental impact statement or environmental assessment is prepared. D. Commencement of Final Design. This contract does not obligate the City to proceed with final design for any alternative. On completion of environmental documentation, the City will consider all reasonable alternatives in a fair and objective manner. Notwithstanding anything contained elsewhere in the contract or in any work authorization, the Engineer may not proceed with final design until after all relevant environmental decision documents have been issued. E. Restrictions on Testing. If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing: 1. verification testing; 2. quality control testing; or 3. independent assurance testing. ARTICLE 34. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. Attachment A, Page 15 ARTICLE 35. DEBARMENT CERTIFICATIONS The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Engineer certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the City, to furnish a copy of the certification. ARTICLE 36. E-VERIFY CERTIFICATION Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security's E-Verify system during the term of this agreement to determine the eligibility of- 1. All persons employed by Engineer during the term of this agreement to perform duties within the City of Texas; and 2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement. Violation of this provision constitutes a material breach of this agreement. ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER STATE OFFICER OR EMPLOYEE The Engineer shall not hire a former City officer or employee who, during the period of City service or employment, participated on behalf of the City in this agreement's procurement or its negotiation until after the second anniversary of the date the contract is signed or the procurement is terminated or withdrawn. ARTICLE 38. PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). Attachment A, Page 16 G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title 1X of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). ARTICLE 39. BOYCOTT ISRAEL A. Meaning: "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. B. Certification and Prohibition: The Engineer hereby certifies it does not boycott Israel and shall not boycott Israel during the tern of the contract. Attachment A, Page 17 ATTACHMENT B SERVICES TO BE PROVIDED BY THE CITY The City shall: A. Provide Engineer with all criteria and full information as to City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which City will require to be included in the Drawings and Specifications; and furnish copies of City's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Fumish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Attachment or in this Agreement 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. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's written request, furnish or otherwise make available such additional available Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. D. Authorize Engineer to provide Additional Services as the City determines is necessary. E. Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. F. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as City deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. G. Advise Engineer of the identity and scope of services of any independent consultants employed by City to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. Attachment B, Page Solo ATTACHMENT C SERVICES TO BE PROVIDED BY THE ENGINEER Engineer shall provide preliminary engineering, environmental and diagrammatic concept plan services for the Garth Road Widening Project, which extends from IH-10 to SH 146 (the "Project"). More specifically, Engineer shall perform preliminary engineering to analyze alternatives ranging from No - Build to full depth pavement reconstruction and widening with median access management between IH- 10 and Baker Road (Part 1), and No -Build and full depth pavement reconstruction with median access management (no anticipated roadway widening) from Baker Road to SH-146 (Part 2). Once a proposed alternative is agreed upon by the City and Texas Department of Transportation ("TxDOT"), the Engineer shall prepare a diagrammatic concept plan of the entire alignment (both Part 1 and Part 2). The scope of work will include roadway, bicycle and pedestrian facilities, medians and access management, driveway consolidation, intersection and signal improvements, street lighting, conceptual drainage design, drainage improvements, landscaping and irrigation, franchise utility coordination, public utility improvements, environmental services, and proposed ROW coordination. The City also intends to relocate all overhead franchise utilities underground as part of the resulting construction project. As part of this preliminary phase of the Project, the Engineer will coordinate with the impacted private utilities and reflect the relocation costs in the provided Engineer's Opinion of Probable Construction Cost. Additionally, to relocate all overhead utilities underground, Engineer will coordinate with the impacted utilities and reflect the relocation costs in the provided Engineer's Opinion of Probable Construction Cost. A. Basic Services. Engineer shall: 1. Consult with City to define and clarify City's requirements for the Project and available data. 2. Advise City as to the necessity of City's providing data or services of the types described in Attachment B, which are not part of Engineer's Basic Services, and assist City in obtaining such data and services. 3. (Modified). Identify, consult with, and analyze requirements of City, the U.S. Army Corps of Engineers, utility companies (phone, gas, electricity and cable), the Texas Department of Transportation, Harris County Flood Control District, and all other governmental authorities having jurisdiction to issue permit or to approve the portions of the Project designed or specified by Engineer, including, but not limited to, mitigating measures identified in the environmental assessment (if any). 4. Identify and evaluate potential solutions available to City; and, after consultations with City, recommend to City those solutions which in Engineer's judgment meet City's requirements for the Project. 5. (Modified). Attend meetings with City to receive input into City's requirements for the Project and evaluation of potential solutions available to City and to discuss and finalize design criteria and acquire pertinent information regarding the Project. 6. (Modified). Perform or provide the following additional Preliminary Design Phase tasks or deliverables: Attachment C, Page 19 TASK 1 - Preliminary Engineering (Duration: 320 calendar days from notice to proceed ("NTP")) I. Site Visits The Engineer shall make up to two (2) site visits to confirm topographic survey and assess existing site conditions during the preliminary engineering task. 2. Determine Design Criteria The Engineer shall determine the design criteria for various design elements including roadway geometry, regional drainage, roadway storm system, culvert crossings, and roadway typical section elements. The design criteria for each of these design elements will be determined with input and agreement from both the City and TxDOT. The design criteria options are the City, TxDOT, Harris County Flood Control District (HCFCD), and Harris County. Once the design criteria are selected, the Engineer will execute the remainder of this contract to the selected criteria. If any design criteria change after being agreed upon by the Engineer, City, and TxDOT, any additional design effort toward the corresponding design criteria change will be considered an Additional Service. 3. Traffic Analysis Existing traffic volume data, including Turning Movement Counts during a typical weekday (Tuesday, Wednesday or Thursday), for each signalized intersection along Garth Road will be provided by City. Using the existing traffic volumes, the Engineer will work with City /TxDOT to determine certain percent growth factors or a future design year to determine ultimate traffic design volumes along Garth Road. These volumes will be used in the traffic analysis. The Engineer will develop a Synchro traffic model for Garth Road existing conditions. The analysis will be done for the critical AM and PM peak periods only. The Engineer will perform intersection capacity analyses to determine the saturation flow rates, delay, volume -to -capacity (vic) ratios, and Level of Service (LOS) for each intersection along Garth Road. A systems analysis of the traffic model for each of the peak periods will be performed using the Synchro signal timing optimization tool to evaluate and compare various measures of effectiveness (MOEs) such as total delay, stops, and total travel time for various cycle lengths. Using Synchro's MOEs results, existing field conditions, and traffic engineering judgment, the proposed number of through and left/right turn lanes at each intersection along Garth Road will be determined. The proposed lane configurations for each approach will also be determined as part of the analysis. 4. Conceptual Drainage Analysis A. Phase 1 Drainage Study The Engineer shall prepare a Phase t Drainage Study for the corridor to establish the existing condition peak flow and water surface elevation in the outfall channels. The results of this task will be used to evaluate the proposed roadway profile. The Engineer anticipates the following HCFCD outfall channels will be studied as part of this phase. ➢ 0105-00-00 ➢ 0105-10-00 ➢ 0105-11-00 ➢ 0113-00-00 Attachment C, Page 20 ➢ 0128-00-00 The Engineer will calculate peak flows at Garth Road. Effective hydrologic modeling available from HCFCD for 0105-00-00 will be used as the basis for peak flows for that watershed. The Engineer will calculate peak flows for the following watersheds where effective hydrologic modeling is not available: ➢ 0105-10-00 ➢ 0105-11-00 y 0113-00-00 ➢ 0128-00-00 The Engineer will determine the watershed contributing to each outfall. The watershed delineation will be based on record drawings provided by the City, publicly available aerial topographic information, on -ground survey obtained in Task 11, and field observations. Peak flow will be calculated using Green & Ampt and Clark Unit Hydrograph Method in general accordance with currently published Harris County Flood Control District (HCFCD) criteria. Existing condition land uses and impervious percentage will be based on aerial photography obtained from Google Earth and field observations. Peak flows will be calculated for the 10- and 100-year events. The Engineer will determine the water surface elevation at Garth Road. Effective hydraulic modeling available from HCFCD for 0105-00-00 will be used as the basis for water surface elevation for that channel. The Engineer will prepare hydraulic models of the channels below using the U.S. Army Corps of Engineers HEC-RAS hydraulic modeling program. ➢ 0105-10-00 — New hydraulic model ➢ 0105-11-00 New hydraulic model ➢ 0113-00-00 Extend hydraulic model from San Jacinto Boulevard Phase 1 ➢ 0128-00-00 Extend hydraulic model from San Jacinto Boulevard Phase 2 Ground geometry for the hydraulic models will be based on publicly available aerial topographic information and on -ground survey information obtained in Task 11. Peak flows in the hydraulic models will be based on the hydrologic modeling performed in this task. The Engineer will summarize the results of this task in a Drainage Study Technical Memorandum for submittal to the City and Texas Department of Transportation (TxDOT). The following will be included in the Drainage Study Technical Memorandum: ➢ Memorandum Text ➢ Drainage Area Map ➢ Hydrologic Calculations ➢ HEC-HMS Output ➢ HEC-RAS Output ➢ Hydraulic Workmaps ➢ Digital Files Attachment C, Page 21 B. Phase 2 Drainage Study The Engineer will prepare a Phase 2 Drainage Study for the corridor to evaluate the hydrologic and hydraulic impact of the proposed road improvements on the peak discharge to each outfall. The Engineer will prepare an XPSWMM model of existing road drainage infrastructure. Overall watershed delineation will be based on the watershed mapping performed in Task 1A.A. The watershed will be subdivided based on the location of roadway drainage infrastructure such as inlets, ditches, and driveway culverts. Hydrologic and hydraulic calculations will be in general accordance with City and TxDOT criteria and will be performed for the 10- and 100-year storm events. The Engineer will modify the existing condition XPSWMM model based on the proposed roadway improvements. The Engineer will size trunk lines to convey the peak discharge in general accordance with City and TxDOT criteria. The Engineer will conceptually locate and size up to six detention basins to reduce the proposed condition peak discharge to less than or equal to existing condition peak discharge at each outfall in the 10- and 100-year events. Detention basin sizing will be performed using the Small Watershed Hydrograph Method. The Engineer assumes the existing infrastructure will remain in place south of Baker Road and storm water detention will only be required north of Baker Road. The Engineer will summarize the results of this task in a Drainage Study Technical Memorandum for submittal to the City and TxDOT. The Drainage Study Technical Memorandum will include the following: ➢ Memorandum Text ➢ Drainage Area Map ➢ Hydrologic Calculations ➢ XPSWMM Output ➢ Digital Files 5. Typical Sections The Engineer will develop an existing typical section, a typical section for a proposed roadway alternative for providing access management through the addition of a median with no roadway widening, and a typical section for a proposed roadway alternative for providing access management through the addition of a median and for widening the roadway for both Part 1 and Part 2 during the preliminary engineering task. The proposed roadway alternatives will be selected during Task 1.6. 6. Roadway Alternatives Analysis The Engineer will analyze the impacts of each of the following cross -sectional elements congruently with the previous design aspects in Tasks 1.1-1.5 in order to create the roadway alternatives for Part 1 and Part 2 outlined in Task 1.5. The Engineer will develop an evaluation matrix for the final proposed roadway alternatives and provide a preferred roadway alternative recommendation. For Part l North of Baker Road, The Engineer will assess possible roadway alternatives where pavement widening can be implemented versus complete pavement reconstruction and will develop roll plots depicting the following information: Existing ROW Attachment C, Page 22 Y Proposed ROW Y Proposed Edge of Pavement Y Pedestrian Facilities ➢ Bike Facilities ➢ Medians and Access Management Y Driveways ➢ Intersection Turn Lanes ➢ Pavement Markings ➢ Signal Improvements ➢ Street Lighting ➢ Drainage Features ➢ Obtain City input on allowable inundation level in flood prone areas ➢ Proposed Conceptual Detention Facilities ➢ Existing Public and Private Utilities ➢ Public Utility Improvements For Part 2 South of Baker Road, The Engineer will assess possible roadway alternatives where utilizing existing pavement width can be implemented versus complete pavement reconstruction and will develop roll plots depicting the following information: ➢ Existing ROW ➢ Proposed ROW ➢ Pedestrian Facilities ➢ Bike Facilities ➢ Medians and Access Management ➢ Driveways ➢ Intersection Turn Lanes ➢ Pavement Markings ➢ Signal Improvements ➢ Street Lighting ➢ Drainage Features ➢ Proposed Conceptual Detention Facilities ➢ Existing Public and Private Utilities ➢ Necessary Public Utility Improvements 7. Opinion of Probable Construction Cost The Engineer will prepare a conceptual level opinion of probable construction cost for the four (4) preliminary proposed roadway alternatives described in Task 1.6. Due to the level of design at this time, a Client approved Landscape Allowance shall be included within the probable construction cost for the preliminary proposed roadway alternatives. 8. Revisions per Client and TxDOT Comment The Engineer will revise the existing and proposed typical sections, proposed roadway alternative roll plots, drainage study technical memorandum, no -impact study, and corresponding conceptual level opinion of probable construction cost submittals based on a total of one round of reasonable, consolidated comments. 9. Deliverables The Engineer will provide the following deliverables for the roadway alternatives; Attachment C, Page 23 ➢ One (1) 11 "x 17" copy of the preliminary existing and proposed typical sections Y An electronic (PDF) of the preliminary existing and proposed typical sections Y One (1) roll plot copy of each preliminary proposed roadway alternative Y An electronic (PDF) of the roll plot of each preliminary proposed roadway alternative Y One (1) 8.5"xl l" copy of the preliminary conceptual level Opinion of Probable Construction Cost for each of the preliminary proposed roadway alternative ➢ An electronic (PDF) of the preliminary conceptual level Opinion of Probable Construction Cost for each of the preliminary proposed roadway alternative ➢ One (1) 8.5"xll" copy of the preliminary drainage study technical memorandum ➢ An electronic (PDF) of the preliminary drainage study technical memorandum ➢ One (1) 8.5"xl 1" copy of the preliminary no -impact study ➢ An electronic (PDF) of the preliminary no -impact study ➢ One (1) 11 "x 17" copy of the preliminary traffic analysis exhibits ➢ An electronic (PDF) of the preliminary traffic analysis exhibits ➢ One (1) 11 "x 17" copy of the final existing and proposed typical sections ➢ An electronic (PDF) of the final existing and proposed typical sections ➢ One (1) roll plot copy of each final proposed roadway alternative ➢ An electronic (PDF) of the roll plot of each final proposed roadway alternative ➢ One (1) 8.5"xll" copy of the final conceptual level Opinion of Probable Construction Cost ➢ An electronic (PDF) of the final conceptual level Opinion of Probable Construction Cost ➢ One (1) 8.5"xl 1" copy of the final drainage study technical memorandum ➢ An electronic (PDF) of the final drainage study technical memorandum ➢ One (1) 8.5"xl 1" copy of the final no -impact study ➢ An electronic (PDF) of the final no -impact study ➢ One (1) 11 "xi 7" copy of the final traffic analysis exhibits ➢ An electronic (PDF) of the final traffic analysis exhibits ➢ One (1) 8.5"x 11" copy of the final proposed roadway alternatives evaluation matrix and preferred alternative recommendation ➢ An electronic (PDF) of the final proposed roadway alternatives evaluation matrix and preferred alternative recommendation TASK 2 - Goose Creek Bridge Assessment (Duration 60 calendar days from end of Task 11) 1. Field Reconnaissance and Photos The Engineer will conduct one field reconnaissance site visit and collect data including a photographic record of notable existing features. 2. Condition Survey and Report The Engineer will perform the following: ➢ Review the existing Load Factor rating for the existing structure. Perform additional load rating analysis if required. ➢ Prepare existing typical sections for inclusion in Condition Survey Report. ➢ Develop Condition Survey Report, repair recommendations, and supporting documentation. 3. Revisions per Client and TxDOT Comment Attachment C, Page 24 The Engineer will revise the Condition Survey Report based on a total of one (1) round of reasonable comments. If additional rounds of comments are required, it will be considered an Additional Service. 4. Deliverables The Engineer will provide the following deliverables; Y One (1) 1 l"xl7" copy of the Preliminary Condition Survey Report Y An electronic (PDF) of the Preliminary Condition Survey Report Y One (1) 11 "x 17" copy of the Final Condition Survey Report, signed and sealed Y An electronic (PDF) of the Final Condition Survey Report, signed and sealed TASK 3 - Conceptual Landscape Architecture (Duration: 120 calendar days from NTP) 1. Conceptual Landscape Architecture Plans The Engineer will attend one (1) meeting with the Client and design team to discuss their vision for the Project. Based on the direction from this meeting, the Engineer will develop up to three (3) Conceptual Plans for the Project and present them to the Client. The plans will illustrate the general scope, scale, theme, and relationship of various landscape architecture components. Plans prepared under this task will illustrate proposed: ➢ Streetscape improvements; ➢ Street Trees; ➢ Enhanced landscape; ➢ Enhanced pavement; ➢ Site Furnishings. These drawings will be prepared using AutoCAD linework and Photoshop rendering. Task includes one (1) presentation that includes affinity images and basic programming information to communicate general direction of the Conceptual Plan. This task does not include any 31) modeling or graphics for marketing purposes. 2. Conceptual Landscape Architecture OPCC The Engineer will prepare a conceptual level opinion of probable construction cost (OPCC) for the three (3) Conceptual Landscape Architecture Plans described in Task 3.1. Based on the approved Conceptual Plan, this OPCC will be used as a Landscape Allowance included within the probable construction cost for the preliminary proposed roadway alternatives in Task 1.6. The Engineer has no control over the cost of labor, materials, equipment, or over a Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Engineer and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3. Deliverables The Engineer will provide the following deliverables; ➢ One (1) copy of the three (3) Conceptual Plan boards at either 1 "=20' or 1 `30' scale Attachment C, Page 25 Y An electronic (PDF) of the three (3) Conceptual Plan Opinion of Probable Construction Cost (OPCC) TASK 4 - Diagrammatic Concept Plan (Duration: 90 calendar days from Task 1) Upon Client and TxDOT approval of the recommended alternative as developed during the Roadway Alternatives Analysis during Preliminary Engineering described in Task 1, The Engineer will produce one (1) Diagrammatic Concept Plan for the entire alignment. 1. Diagrammatic Concept Plan The Diagrammatic Concept Plan will include a plan view roll plot with no profile overlaid on top of available aerial photography. The development of the Diagrammatic Concept Plan includes the following: Y Existing ROW ➢ Proposed ROW ➢ Proposed Cross Sections where conditions change along the alignment ➢ Proposed Edge of Pavement ➢ Pedestrian Facilities ➢ Existing and Proposed Sidewalks ➢ Bike Facilities ➢ Medians and Access Management ➢ Driveways ➢ Turn Lanes ➢ Pavement Markings ➢ Signal Improvements ➢ Street Lighting ➢ Drainage Features ➢ Proposed Conceptual Detention Facilities ➢ Existing Public and Private Underground and Overhead Utilities ➢ Necessary Public Utility Improvements ➢ Landscape and Hardscape Improvements 2. Critical Profile In addition to the Diagrammatic Concept Plan outlined in Task 4.1, the Engineer will develop proposed profiles at the Baker Road and Cedar Bayou Lynchburg Road intersections to be included as separate cut sheets. 3. Opinion of Probable Construction Cost The Engineer will prepare a conceptual level opinion of probable construction cost for the diagrammatic concept plan. 4. Deliverables. The Engineer will provide the following deliverables; ➢ One (1) 11 "x 17" copy of roll plot cut sheets of each 60% diagrammatic concept plan and critical profiles ➢ An electronic (PDF) of the roll plot cut sheets of each 60% diagrammatic concept plan and critical profiles ➢ One (1) 11 "x 17" copy of roll plot cut sheets of each 90% diagrammatic concept plan and critical profiles ➢ An electronic (PDF) of the roll plot of each 90% diagrammatic concept plan and critical profiles ➢ One (1) 11 "x 17" copy roll plot cut sheets of each Final diagrammatic concept plan and critical profiles Attachment C, Page 26 Y An electronic (PDF) of the roll plot of each Final diagrammatic concept plan and critical profiles Y One (1) 11 "x 17" copy of the 601r0' conceptual level Opinion of Probable Construction Cost Y An electronic (PDF) of the 60% conceptual level Opinion of Probable Construction Cost ➢ One (1) 11 "x 17" copy of the 90% conceptual level Opinion of Probable Construction Cost ➢ An electronic (PDF) of the 90% conceptual level Opinion of Probable Construction Cost ➢ One (1) 11 "x 17" copy of the Final conceptual level Opinion of Probable Construction Cost ➢ An electronic (PDF) of the Final conceptual level Opinion of Probable Construction Cost TASK 5 - Technical Memorandum (Duration: 60 calendar days from Task 4) 1. Technical Memorandum Upon completion of the Environmental and Public Involvement process and a final Diagrammatic Concept Plan is selected, the Engineer will prepare one (1) technical memorandum for the selected diagrammatic concept plan. The technical memorandum will be a written report including the following information: ➢ Traffic Analysis ➢ Environmental Analysis ➢ Public Involvement Process ➢ Existing and Proposed Typical Sections ➢ Proposed Cross -Sectional Elements ➢ Proposed Right -of -Way ➢ Intersection Improvements ➢ Signal Improvements ➢ Public and Private Utility Relocations and Improvements ➢ Driveway Consolidation and Access Management ➢ Opinion of Probable Construction Cost ➢ Estimated Design and Construction Schedule The technical memorandum will include the following as Appendices: ➢ Conceptual Drainage Analysis Report ➢ Goose Creek Bridge Condition Survey Report 2. Revisions per Client and TxDOT Comment The Engineer will revise the Technical Memorandum submittals based on a total of one (1) round of reasonable comments. If additional rounds of comments are required, it will be considered an Additional Service. 3. Deliverables The Engineer will provide the following deliverables; ➢ One (1) 11 "x 17" copy of the Preliminary Technical Memorandum ➢ An electronic (PDF) of the Preliminary Technical Memorandum ➢ One (1) 11 "x 17" copy of the Final Technical Memorandum, signed and sealed ➢ An electronic (PDF) of the Final Technical Memorandum, signed and sealed Attachment C, Page 27 TASK b - Environmental and Public Involvement (Duration: 470 calendar days from NTP) 1. Environmental — Preliminary Phase Through a sub -consultant, the Engineer will provide the following environmental services concurrently with Task 1 - Preliminary Engineering: A. Environmental Data Collection The Engineer shall conduct field reconnaissance and collect data as necessary to complete the environmental constraints mapping and technical reports. B. Project Scoping The Engineer shall prepare a scoping development tool document and associated attachments for review and approval by the State that outlines the Project description and anticipated resource documents and necessary agency coordination. If required, the Engineer shall prepare a request for classification document to determine the appropriate level of environmental documentation. C. Environmental Constraints The Engineer shall prepare an Environmental Constraints Map for use in the alternatives analysis and public involvement activities. The Engineer shall consider impacts to environmentally sensitive sites (as identified by the Engineer and verified by the State) during the schematic design process. Environmentally sensitive sites include natural, cultural, and the human environment. Examples are historic and archeological resources, burial grounds, neighborhood communities and residential areas, farmland, floodplains, wetlands, endangered species, rare habitats, wildlife corridors, wildlife crossings, parks and nature preserves, geologic features, undeveloped areas, and significant trees. D. Alternatives Evaluation The Engineer shall evaluate the alternatives based on the following factors: Engineering considerations (impacts to ROW, access, drainage, utilities and cost), Traffic operations (including LOS, delays and queuing), Environmental (impacts to potential constraints), and Public and Stakeholder input through the public involvement process. The Engineer shall document the evaluation process leading to the recommendation of a preferred alternative. 2. Environmental — Diagrammatic Concept Plan Phase Through a sub -consultant, the Engineer will provide the following environmental services concurrently with Task 4 - Diagrammatic Concept Plan: A. Right -of -Entry for Environmental Field Investigations The Engineer shall seek right -of -entry from public and private landowners to perform field investigations required for environmental investigations (up to 250 properties). B. Environmental Documentation The Engineer shall prepare an Open -Ended (d) Categorical Exclusion Classification Request Form for review and approval by the State. Attachment C. Page 28 C. Technical Reports in Support of the Environmental Document (1) Community Impacts Assessment The Engineer shall prepare a Community Impacts Assessment (CIA) Technical Report Form (Form 320.0l.FRM) and fill out the form completely. The CIA will also include referenced figures, photograph log, and impact tables. D. Historic Resource Identification, Evaluation and Documentation Services (1) Project Coordination Request The Engineer shall prepare a Project Coordination Request for Historical Studies Project (PCR). The PCR shall comply with the TxDOT Environmental Compliance Toolkits provided by the State's Environmental Affairs Division in effect as of the date of the receipt of the documents. (2) Reconnaissance -level non -Archeological Historic -age Resources Survey In the event that a Reconnaissance -level non -Archeological Historic -age Resources Survey is warranted, the effort for the survey is captured under Task 7. (3) Archeological Background Study The Engineer shall prepare an Archeological Background Study in accordance with TxDOT standards for such studies. This document shall summarize a review of relevant existing archeological literature, maps, extent of previous investigations and other documentation with the goal of determining if the proposed Project warrants archeological field investigations prior to construction, and the location and extent of any such field investigations. (4) Air Quality The Engineer shall prepare a qualitative air quality analysis in accord with the current version of the State's Air Quality Handbook, and Air Quality toolkit. The Engineer shall document the findings in the Air Quality Technical Report. (5) Traffic Noise Analysis The Engineer shall perform a traffic noise analysis in accordance with the current version of the State's (FHWA approved) "Guidelines for Analysis and Abatement of Roadway Traffic Noise." The Engineer shall document the findings in the Noise Analysis Technical Report. (6) Waters of the United States (U.S.), including Wetlands The Engineer shall delineate and evaluate the potential impacts of the proposed Project to waters of the U.S., including wetlands, and document the location of impacts and potential permitting requirements. In the event that a USACE permit is warranted, effort for permitting will be provided as part of Task 8. (7) Water Resources Technical Report The Engineer shall document the following resources in the Water Resources Technical Report: a discussion of Water Quality, Floodplain Impacts, and Stormwater Permits (Section 402 of the Clean Water Act). Attachment C, Page 29 In the event that a USACE permit is warranted, effort for permitting will be provided as part of Task 8. (8) Biological Evaluation Form and Biological Resources Technical Report The Engineer shall complete TxDOT's Biological Evaluation Form and prepare a Biological Resources Technical Report to indicate the level of coordination that may be required with the Texas Parks and Wildlife Department is required. The Biological Evaluation Form and Technical Report shall address the following items: Fish and Wildlife Coordination Act, Threatened or Endangered Species, Invasive Species, Essential Fish Habitat, Beneficial Landscaping, and Farmland Impacts. (9) Hazardous Materials The Engineer shall perform an Initial Site Assessment for potential hazardous materials impacts for the limits of the study area. (10) Indirect and Cumulative Impacts Analysis The Engineer shall complete the Induced Growth Indirect Impacts Decision Tree and Risk Assessment for Indirect Impacts and shall coordinate with the State for approval. The Engineer shall also complete the Cumulative Impacts Decision Tree and Risk Assessment for Cumulative Impacts and shall coordinate with the State for approval. (11) Section 4(f) The 4(f) Section of the environmental document shall document all data necessary to address to the satisfaction of the State potential use of Section 4(f) properties in accordance with 23 CFR 774. 3. Public Meeting The Engineer shall prepare for and conduct one (1) open house public meeting. With the City's assistance, the Engineer shall coordinate the date and location of the public meeting and shall prepare and submit draft materials for the meeting for review and comment. The Engineer shall prepare final meeting materials based on comments received and shall bring copies of final materials to the meeting. The City will secure the meeting facility and pay directly for the following, if needed: ➢ Newspaper advertisements, ➢ Court reporters, Y Custodians required for clean up at the meeting facility, Y Facility rental, and Y Law enforcement or uniformed officers. TASK 9 - Franchise Utility Coordination (Duration: 470 calendar days from NTP) 1. Coordination The Engineer will compile a list of franchise utility companies within the limits of the Project area based on provided information from the Client and TxDOT. At this time, a maximum of thirty (30) franchise utility companies will require coordination. The Engineer will send out Project notices to the listed franchise utility companies and request available facility maps and as-builts. The Engineer will create a Level C and D base file in AutoCAD 2018 based on the provided facility maps and as-builts. The Engineer will create existing franchise utility 11 "x 17" cut sheets at 1 "=100' scale. The Engineer will coordinate with franchise utility companies within the limits of the Project to determine necessary conflict relocations and the associated estimated cost. It is Attachment C, Page 30 assumed that the coordination with franchise utility companies will include the creation of utility specific plan view exhibits of the horizontal location of the utilities' infrastructure overlaid on a current aerial. One 1 I "x 17" plan view aerial exhibit will be created for each identified franchise utility. At this time, a maximum of eighty (80) exhibits will be required. If additional coordination for utility companies above thirty (30), or creation of exhibits above eighty (80) are required, it will be considered an Additional Service. The Engineer will also coordinate with franchise utility companies within the limits of the Project to determine the feasibility and estimated costs to move current above ground utilities underground. TASK 10 - Project Management and Meetings (Duration: 470 calendar days from NTP) The Engineer will provide the following services: 1. City Coordination Coordination with City Project Manager and various departments (Engineering and Public Works). Coordination will include email correspondence, phone calls, invoicing coordination, and meetings. The Engineer anticipates there will be 12 meetings. 2. TxDOT Coordination Coordination with TxDOT Project Manager and various departments (Consultant Management, Project Development, Design, Planning, Transportation Operations and Construction). Coordination will include email correspondence, phone calls, invoicing coordination and meetings. The Engineer anticipates there will be 12 meetings. 3. Monthly Progress Reports The Engineer will provide a monthly progress report in the form of a status update email to the City and TxDOT. TASK 11- Topographic Survey (Duration: 72 calendar days from NTP) The Engineer will provide the following services: 1. Engineer Coordination — Survey ➢ Coordinate with surveyor (subconsultant) ➢ Perform up to two (2) site visits to review topographic information provided by surveyor for general compliance with the scope of services and observed field conditions ➢ Prepare Right -of -Entry Permission to enter adjacent subject properties to perform detailed Right- of -Way Boundary survey. ➢ Review Digital Terrain Model and 1-foot contours provided by surveyor for general compliance with the scope of services and observed field conditions. ➢ Review electronic base files provided by surveyor 2. Topographic Survey and Boundary Survey (provided by subconsultant) a. Limited Topographic Surveying for Entire Roadway Alignment Limited Topographic Survey will be done along Garth Road (from IH-10 to SH-146). The total length to survey will be 20,000 linear feet approximately. In general, the scope for limited topographic survey will be including the following tasks: Attachment C, Page 31 Y Horizontal and vertical controls will be established and tied to the Texas State Plane Coordinate System, South Central Zone NAD 83 and datum NAVD 88. The nearby TxDOT monument will also be tied to the survey as benchmark. Y Signed and sealed field books containing notes as well as ASCII files of point numbers, coordinates, and descriptions will be provided as necessary. ➢ Survey only the centerline and edge of paving along the entire alignment including intersection, driveway and sidewalk. Cross sections will be surveyed at every 200 feet interval along the Project route. ➢ Plan view drawings will be prepared in AutoCAD format. b. Drainage Survey The drainage survey will include the following: (1) Channel cross sections every 100 feet in the following channels. Extend 500 feet downstream of Garth Road. The HCFCD channels to be surveyed are as follows: ➢ 0105-10-00 ➢ 0105-11-00 ➢ 0113-00-00 ➢ 0128-00-00 (2) Structure detail at the outfall to the above channels including flowline, culvert size, shape, and material. (3) Detailed bridge survey at the Garth Road crossing of HCFCD Channel 0105-00-00 including the Low chord, high chord, rail, road profile, abutments, piers (if any), etc. (4) Storm sewer survey to include inverts along the entire Project alignment to confirm sizes and slopes of existing pipes and location and sizes of existing manholes and inlets. Also, high bank and flowline of any roadside ditches and outfall;inlet structures along the entire Project alignment. C. Detailed Survey Garth Road and Cedar Bayou Lynchburg Road This full topographic survey of the intersection of Garth Road and Cedar Bayou Lynchburg Road for 200 feet along each leg of the intersection shall conform to all requirements of City, Harris County and Category 6 survey of TSPS Manual as applicable. In general, the scope for survey will be including the following tasks: (1) A survey control map will be prepared showing swing ties to traverse and baseline points as well as TBM's. The survey control map will be signed and sealed by a responsible professional in charge of the Project. (2) Cross sections will be surveyed at every 50 feet interval along each leg for a width beyond 25' of existing ROW as accessible. (3) All planimetric features will be surveyed along the existing road right- of-way width+25' on either side as accessible. (4) Trees with more or less 4" or larger in caliper size will be surveyed. (5) All visible existing utilities (i.e. manholes, culverts, power poles, etc.) will be located and pipe size and flow line measure downs in the manholes and inlets (that can be opened) will be obtained. Utilities will also be located with Level B SUE through One Call Services, as Attachment C, Page 32 applicable. Elevations on existing pipelines/conduits will be taken as uncovered by others. (6) Texas one -call system will be notified and pipeline companies will be contacted to probe and mark their pipeline locations (if any) to be tied to the survey. (7) Plan view drawings will be prepared containing all topographic information and visible utility features in AutoCAD format. (8) Boreholes will be located in the field and included in the drawing and spreadsheet with borehole information will be provided for use of Geotechnical and Environmental studies. (9) Adjoining property owners will be contacted for obtaining access to the properties as needed. Assistance of Harris County may be necessary. d. Detailed Survey Garth Road and Baker Road This full topographic survey of the intersection of Garth Road and Baker Road for 200 feet along each leg of the intersection shall conform to all requirements of City, Harris County and Category 6 survey of TSPS Manual as applicable. In general, the scope for survey will be including the following tasks: (1) A survey control map will be prepared showing swing ties to traverse and baseline points as well as TBM's. The survey control map will be signed and sealed by a responsible professional in charge of the Project. (2) Cross sections will be surveyed at every 50 feet interval along each leg for a width beyond 25' of existing ROW as accessible. (3) All planimetric features will be surveyed along the existing road right- of-way width+25' on either side as accessible. (4) Trees with more or less 4" or larger in caliper size will be surveyed. (5) All visible existing utilities (i.e. manholes, culverts, power poles, etc.) will be located and pipe size and flow line measure downs in the manholes and inlets (that can be opened) will be obtained. Utilities will also be located with Level B SUE through One Call Services, as applicable. Elevations on existing pipelines/conduits will be taken as uncovered by others. (6) Texas one -call system will be notified and pipeline companies will be contacted to probe and mark their pipeline locations (if any) to be tied to the survey. (7) Plan view drawings will be prepared containing all topographic information and visible utility features in AutoCAD format. (8) Boreholes will be located in the field and included in the drawing and spreadsheet with borehole information will be provided for use of Geotechnical and Environmental studies. (9) Adjoining property owners will be contacted for obtaining access to the properties as needed. Assistance of Harris County may be necessary. e. Boundary Surveying for Existing ROW Maps Boundary Survey will be done along the entire roadway alignment as shown on the attached exhibit to define existing Right-of-way (ROW) of the said roads. Survey will comply with Category IA, Condition 2 survey of the Attachment C, Page 33 latest TSPS Manual and City survey requirements as applicable/feasible. Horizontal and vertical controls will be established and tied to the Texas State Plane Coordinate System, South Central Zone NAD 83 (CORS 96) and datum NAVD 88. In conformance, the scope of work will include the following: (1) Searching and surveying monuments for establishing existing ROW. (2) Abstracting and deed research for existing road ROW. (3) Preparing plat map drawing for existing ROW including bearing & distances, abstracting information of existing right-of-way & adjoining properties. (4) d. The deliverables will be signed and sealed ROW maps in scale of 1"-40' and 11"x17" size sheets. B. Additional Services Requiring City's Authorization in Advance. Unless already included in the Basic Services Above, the following shall be considered additional services and shall be performed on an individual basis upon advanced written authorization by the City: 1. Subsurface Utility Engineering (SUE) 2 Design level topographic survey 3. TxDOT-style Geometric Schematic 4. PS&E development of any diagrammatic concept plan 5. Detail drainage analysis 6 Property Acquisition 7. Any services not listed in the Scope of Services 8 Storm Sewer Design in excess of conceptual drainage design identified in above scope of services. 9 Analysis of roadway alternatives not identified in Tasks 1.6 and Task 1.7. 10, Reconnaissance -level non -Archeological Historic -age Resources Survey if required by TxDOT south of Baker Road or in addition to the scope identified in Task 7 hereinbelow: 11. USACE Permitting in addition to the scope identified in Task 8 12 Survey control maps for entire roadway alignment and surveying any new changes or additions along the Project corridor once the scope of Project is complete 13. Design of relocation of franchised utilities 14. Task 7 and 8 TASK 7 - Reconnaissance -level non -Archaeological Historic -age Resources Survey It is a possibility that a reconnaissance -level non -Archaeological historic -age resource survey may be required by TxDOT ENV. In the event that a reconnaissance -level non -Archaeological historic -age resource survey is found to be needed in Task 6.2, the Engineer shall conduct a survey that follows TxDOT's guidance and standards for reconnaissance -level non - Archeological Historic -age Resources Survey Reports. A research design following current TxDOT standards for non -archeological resources shall be prepared for approval by TxDOT ENV prior to conducting the survey. Fieldwork for non -archeological resources shall follow the approved research design and be performed at sufficient levels to satisfy Texas Historical Commission (THC) requirements for determining the presence of and documenting historically significant properties in the approved Area of Potential Effects. Following the fieldwork, a non -Archeological Resources Survey Report that conforms to current TxDOT standards for reconnaissance -level surveys shall be prepared for coordination between TxDOT ENV and the THC. This scope and fee include documentation of up to 5 historic -age resources and it is assumed that potential corner clips could occur at eight intersection in the area along Garth Road north of Baker Road and South of IH-10 . If a reconnaissance -level non- Archaeological Attachment C, Page 34 historic -age resource survey is required south of Baker Road, it can be provided as an additional service TASK 8 - USACE Permitting In the event that U.S. Army Corps of Engineers (USACE) permitting is found to be required in Task 6.2, the Engineer will prepare a USACE permit for proposed impacts to potential impacts of the proposed Project to water of the U.S., including wetlands. A Nationwide Permit (NW) with Pre -Construction Notification (PCN) is anticipated. If other USACE permitting is required in addition to the NW permit and PCN, it can be provided as an additional service. Attachment C, Page 35 ATTACHMENT D WORK AUTHORIZATION D-1 WORK AUTHORIZATION NO. 1 CONTRACT FOR PROFESSIONAL SERVICES THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of the Agreement for Professional Services for the Garth Road Widening Project (the "Contract") entered into by and between the City (the "City"), and Kinley-Hom and Associates, Inc. (the "Engineer"). PART I. The Engineer will perform engineering services generally described as preliminary engineering and environmental and diagrammatic concept plan review for the Garth Road Widening Project in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the City and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization. PART II. The maximum amount payable under this Work Authorization is $711,103.77 and the method of payment is a specified rate bases as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer's estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization. PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the Contract, and Attachment A, Article 1. PART IV. This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on the final calendar day based on schedule outlined in Attachment F "Work Schedule" unless extended by a supplemental Work Authorization as provided in Attachment A, Article 1. PART V. This Work Authorization does not waive the parties' responsibilities and obligations provided under the Contract. IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. THE ENGINEER CITY OF BAYTOWN (Signature) (Printed Name) (Title) (Date) List of Attachments Attachment A Attachment B Attachment C Attachment D Attachment E Attachment H-2 (Signature) (Printed Name) (Title) (Date) General Provisions Service to be provided by the City Service to be provided by the Engineer Work Schedule Fee Schedule/Budget Subprovider Monitoring System Commitment Agreement Attachment D, Page Solo D-2 SUPPLEMENTAL WORK AUTHORIZATION NO. WORK AUTHORIZATION NO. CONTRACT FOR PROFESSIONAL SERVICES THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of the Agreement for Professional Services hereinafter identified as the "Contract," entered into by and between the City of Baytown (the "City"), and Kimley-Horn and Associates, Inc. (the "Engineer"). The following terms and conditions of Work Authorization No. —are hereby amended as follows: This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. not hereby amended are to remain in full force and effect. IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. ENGINEER (Signature) (Printed Name) (Title) (Date) CITY OF BAYTOWN (Signature) (Printed Name) (Title) (Date) Attachment D-2. Page Solo ATTACHMENT E FEE SCHEDULE (Final Cost Proposal) This attachment provides the basis of payment and fee schedule. The basis of payment for this contract is indicated by an "X" in the applicable box. The basis shall be supported by the Final Cost Proposal (FCP) shown below. If more than one basis of payment is used, each one must be supported by a separate FCP. X Basis The lump sum shall be equal to the maximum amount payable. The lump sum Lump Sum includes all direct and indirect costs and profit. The Engineer shall be paid pro rata based on the percentage of work completed. For payment the Engineer is not required to provide evidence of actual hours worked, travel, X Lump Sum overhead rates or other evidence of cost, but must submit billing information in a form acceptable to the City as required by Article 4 A & B including classifying work, partial or completed, according to the Table of Deliverables, which is attached hereto as Attachment E-1 and incorporated herein for all intents and purposes. The unit cost(s) for each type of unit and number of units are shown in the FCP. The unit cost includes all direct and indirect costs and profit. The Engineer shall be paid based on the type and number of units fully completed and the respective unit cost. For payment, the Engineer is not required to provide evidence of actual hours ❑ Unit Cost worked, travel, overhead rates or any other cost data. The FCP may include special items, such as equipment which are not included in the unit costs. Documentation of these special costs may be required. The maximum amount payable equals the total of all units times their respective unit cost plus any special direct items shown. The specified rates for each type of labor are shown in the FCP below. The FCP may include special items, such as equipment which are not included in the specified rates. Payment shall be based on the actual hours worked multiplied by ❑ Specified the specified rate for each type of labor plus other agreed to special direct cost Rate Basis items. The specified rate includes direct labor and indirect cost and profit. The City may request documentation of reimbursable direct costs including hours worked. Documentation of special item costs may be required. The specified rate is not subject to audit. Payment shall be based on direct and indirect costs incurred plus a pro rata Cost Plus share of the fixed fee based on the ratio of labor and overhead cost incurred to Fixed Fee total estimated labor and overhead cost in the FCP or the percentage of work completed. The invoice must itemize labor rates, hours worked, other direct costs and indirect costs. The Engineer may be required to provide documentation of hours worked and any eligible direct costs claimed. The provisional overhead rate charged is subject to audit and adjustment to actual rates incurred. The FCP ❑ Cost Plus below shows the hourly rates for labor, other direct expenses including but not Fixed Fee limited to travel and allowable materials, provisional overhead rate and the fixed fee. ❑ A. Actual Cost Plus Fixed Fee - Actual wages are paid (no minimum, no maximum. This option does not apply to Indefinite Deliverable Contracts.) ❑ B. Range of Cost Plus Fixed Fee - Actual wages must be within the allowable range shown on the Final Cost Proposal. ATTACHMENT E FEE SCHEDULE Final Cost Proposal (FCP) Supporting Basis of Payment *The MAXIMUM AMOUNT PAYABLE is SEVEN HUNDRED ELEVEN THOUSAND ONE HUNDRED THREE AND 7T100 DOLLARS ($711,103.77). The maximum amount payable is based on the following data and calculations: A. Basic Services. City shall pay Engineer for Basic Services set forth in Attachment C a cost not to exceed the amount of $498,248.95, based upon the schedule below and the Table of Deliverables. This amount includes those Engineer's subprovider's charges: Preliminary Engineering $204,165.37 2 71 Goose Creek Bridge Assessment $15,393.38 7$20,903.32 3 Conceptual Landscape Architecture 4 Diagrammatic Concept Plan $74,895.42 5 Technical Memorandum $14,566.83 6 Environmental and public Involvement $11,733.82 9 Franchise Utility Coordination $74,565.33 10 Project Management $76,041.86 11 Topographic Survey $5,983.62 Total Not to Exceed $498 8.95 The cost not to exceed includes compensation for Engineer's services and services of Engineer's Consultants. Appropriate amounts have been incorporated in the cost not to exceed to account for labor, overhead, and profit. The portion of the amount billed for Engineer's services will be based upon total services actually completed during the billing period, which shall be a calendar month. Invoices shall be tendered no more often than once a month for all of the services performed during the applicable month. B. Additional Services. City shall pay Engineer for Additional Services a cost not to exceed ONE THOUSAND ONE HUNDRED SIXTY-SIX AND 90.100 DOLLARS ($1,166.90) based upon the schedule below and the Table of Deliverables. Additional Services shall not be performed without the prior written consent of the OWNER. Specifically, Tasks 7 and 8, if authorized, shall not exceed the following: Task I'llase Aillount Not to Exceed 7 Historical Resource Survey $696.90 8 USACE Permitting 470.00 Total Not to Exceed $1 166.90 C. Reimbursable Expenses. City shall pay Engineer for Reimbursable Expenses as the rate set forth herein. Before the City shall be liable for any reimbursable expenses, the Engineer must obtain prior written approval of the City of any expense that exceeds $1,000 for which the Engineer seeks reimbursement. Reimbursable Expenses shall not exceed the following (which include the Factor) whether incurred by the Engineer or Engineer's consultant(s): I Preliminary Engineering $911.50 Attachment E. Page 2 ATTACHMENT E — FEE SCHEDULE Final Cost Proposal (FCP) Supporting Basis of Payment 2 Goose Creek Bridge Assessment 3 Conceptual Landscape Architecture 77c7 4 Diagrammatic Concept Plan 5 Technical Memorandum 6 Environmental and public Involvement $163.50 9 Franchise Utility Coordination $908.75 10 Project Management $1,012,25 11 Too a hic Survey $194.75 Total Not to Exceed $6 797.63 Reimbursable Expenses include the following categories: mileage, parking tolls, long distance, reproduction of Drawings, Specifications, Bidding Documents, and similar Project -related items not included in Basic Services if authorized in advance by City. The amounts payable to Engineer for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of (1.10). Travel, meals, mileage, rental cars, and like expenses are not subject to the 1.10 Factor. The City must approve all travel expenses before the same are incurred. If such approval is not obtained, the City shall not be liable for such travel expenses. D. Engineer's Consultant's Charges. Whenever compensation to Engineer herein is stated to include charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a Factor of 1.0. The consultant charges shall not exceed the following amounts specified for each of the following services. The charges include the factor, and are as follows: For Basic Services: For Required Additional Services approved by the City: E. Progress Payments. The portion of the amounts billed for Engineer's services will be based on the Table of Deliverables. F. Reimbursable Schedule. All reimbursable expenses may only be billed based upon the following rates: Attachment E. Page 3 ATTACHMENT F. — FEF SCHV,OULE Final Cast Pruposal (FCP) Supporting Basis of Payment Extemal ReprWuction and Deliverim ............................................Cast plus 10% Internal expenses . ............ ...................... .......... ..................................... --Cost Mileage: ............................ ...... ... .........................................................IRS Rate Travel. .................................................. ....... ............ ..,....... ,,...........,..,..,, ,.,,..,. cc!; t *The maximum amount payable must bt: }used oa the cutttrw scope, The work authorization fee wiiedules will be derived from this attachment_ Attachment E. Page 4 w".wm "v Hp Kkdqonwn ATTACHMENT E-1 Table of Deliverables Approved Tasks Task Task Name Function Code Deliverable Percent Billing Preliminary Existing and Proposed Typical Sections Roll Plot of Preliminary Proposed Roadway Alternative Preliminary Opinion of Probable Construction Cost Preliminary Drainage Study Technical Memorandum 75% Preliminary No -Impact Fee Study 1 Pre-iminary Engineering FC 102 (110) Feasibility Study Preliminary Traffic Analysis Exhibit Final Existing and Proposed Typical Sections Roll Plot of Fsnai Proposed Roadway Alternative Final Opinion of Probable Construction Cost Final Dra nage Study Technica Memorandum 100% Final No -Impact Fee Study Final Traffic Analysis Exhibit 2 Goose Creek Bridge FC 102 (110) Feasibility Study PreliminaryCondition Survey Report 90% Final Condition Survey Report 100% Assessment 3 Conceptua' Landscape FC 102 (ll0j Feasibility Study Three (3) Conceptual plan Boards & Opinion of Probable 100% Architecture Construction Cost 60% Diagrammatic Concept P an and Critical Profiles 60% 4 Diagrammatic Concept Plan FC 102 (110) Feasibility Study 90% Diagrammatic Concept P an and Critical Profiles 90% Final Diagrammat c Concept Plan and Critical Profiles 100% 5 Technical Memorandum FC 102 (110) Feasibility Study I Preliminary Technica Memorandum 90% Final Technical Memorandum 100% Task 6.1 Preliminary Phase Tied to Task 1- Preliminary Engineering 50% Task 6.2 Diagrammtic Concept Plan Phase - Tied to Task 4 - Envi •onmentai and Pub'ic FC 120 (120) Social/Econ/Environ 6 Invovlement Studies Diagrammatic Concept P an 95% Task 6.3 Public Meetings - Tied to Task 4 - Diagrammatic Concept Plan 100% 60% Bil ing for Task 9 Tied to Percent Billing for Task 1- 9 Franchise Utility Coordination FC 130 (130) Right -of -Way Data Preliminary Engineering 60% 100% Billing for Task 9 Tied to Percent Billing for Task 4 - and Utility Diagrammatic Concept Plan 100% 60% Billing for Task 10 Tied to Percent Billing for Task 1- Preliminary Engineering 60% 9S% Billing for Task 10 Tied to Percent Billing for Task 4 - 9S% 10 Project Management FC 145 (14% Manageing Contract/Donated PE Diagrammatic Concept Plan 100% Billing for Task 10 Tied to Percent Billing for Task 5 - Technical Memorandum 100% Field Work for: Limited Topographic Survey for Entire Roadway Alignment Drainage Survey Detailed Survey @ Garth Road and Cedar Bayou Lynchburg BO% Detailed Survey @ Garth Road and Baker Road Boundary Survey for Existing ROW 11 Topographic Survey FC 160 (150) Roadway Design Delivered Survey Files for: Limited Topographic Survey for Entire Roadway Alignment Drainage Survey Detailed Survey @ Garth Road and Cedar Bayou Lynchburg 100% Detailed Survey @ Garth Road and Baker Road Boundary Survey for Existing ROW Additional Services Tasks Task Task Name Function Code I Deliverable Percent Bil. n FC 120 (120) Social/Econ/Environ 7 Historical Resource Survey Studies Historical Resource Survey north of Baker Road 100% FC 120 (120) Social/Econ/Environ B USACE Permitting Studies USACE Nationwide Permit with Pre -Construction Notification 100% ATTACHMENT F Work Schedule 1 Preliminary Engineering 320 from date of NTP 2 Goose Creek Bridge Assessment 60 from end of Task 11 3 Conceptual Landscape Architecture 120 from date of NTP 4 Diagrammatic Concept Plan 90 from end of Task 1 5 Technical Memorandum 60 from end of Task 4 6 Environmental and public Involvement 470 from date of NTP 7 Historical Resource Survey 8 USACE Permitting 9 Franchise Utility Coordination 470 from date of NTP 10 Project Management 470 from date of NTP 11 Topographic Survey 72 from date of NTP Attachment F, Page Solo ATTACHMENT G Computer Graphics Files for Document and Information Exchange NOT APPLICABLE Attachment G, Page Solo WAs Used Contract No. ATTACHMENT H-FG Disadvantaged Business Enterprise (DBE) for Federal -Aid Professional or Technical Services Contracts 1) PURPOSE. The purpose of this attachment is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted contracts and creating a level playing field on which firms owned and controlled by minority or socially and economically disadvantaged individuals can compete fairly for DOT assisted contracts. 2) POLICY. It is the policy of the DOT and the Texas Department of Transportation (henceforth the "Department") that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26, Subpart A and the Department's Disadvantaged Business Enterprise Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, and the Department's Disadvantaged Business Enterprise Program, apply to this contract as follows. a. The Provider will offer Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, Subpart A and the Department's Disadvantaged Business Enterprise Program, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Provider shall make a good faith effort to meet the Disadvantaged Business Enterprise goal for this contract. b. The Provider and any subprovider(s) shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Provider shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The requirements of this Special Provision shall be physically included in any subcontract. c. When submitting the contract for execution by the Department, the Provider must complete and furnish Exhibit H-1 which lists the commitments made to certified DBE subprovider(s) that are to meet the contract goal and Exhibit H-2 which is a commitment agreement(s) containing the original signatures of the Provider and the proposed DBE(s). For Work Authorization Contracts, Exhibit H-1 is required at the time of submitting the contract for execution by the Department. Exhibit H-2 will be required to be completed and attached with each work authorization number that is submitted for execution, if the DBE will be performing work. Any substitutions or changes to the DBE subcontract amount shall be subject to prior written approval by the Department. If non -DBE subprovider is performing work, insert N.'A (not applicable) on the line provided. d. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and may result; in termination of the contract by the Department; in a deduction of the amount of DBE goal not accomplished by DBEs from the money due or to become due to the Provider, not as a penalty but as liquidated damages to the Department; or such other remedy or remedies as the Department deems appropriate. 3) DEFINITIONS. a. "Department" means the Texas Department of Transportation (TxDOT). b. "Federal -Aid Contract" is any contract between the Texas Department of Transportation and a Provider which is paid for in whole or in part with U. S. Department of Transportation (DOT) financial assistance. c. "Provider" is any individual or company that provides professional or technical services. d. "DBE Joint Venture" means an association a DBE firm and one (1) or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks and profits of the joint venture are commensurate with its ownership interest. e. "Disadvantaged Business Enterprise (DBE)" means a firm certified as such by the Department in accordance with 49 CFR Part 26. f. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. g. "Race -neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. Engineering SpecDelwWA Page 1 of 4 Attachment H-FG WAs Used Contract No. 4) PERCENTAGE GOAL. The goal for Disadvantaged Business Enterprise (DBE) participation in the work to be performed under this contract is . 15 % of the contract amount. 5) PROVIDER'S RESPONSIBILITIES. A DBE prime may receive credit toward the DBE goal for work performed by his -her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported to the Department. a. A Provider who cannot meet the contract goal, in whole or in part, shall document the "Good Faith Efforts" taken to obtain DBE participation. The following is a list of the types of actions that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. (1) Soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. (2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Provider might otherwise prefer to perform the work items with its own forces. (3) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. (4) Negotiating in good faith with interested DBEs by making a portion of the work available to DBE subproviders and suppliers and selecting those portions of the work or material needs consistent with the available DBE subproviders and suppliers. (5) The ability or desire of the Provider to perform the work of a contract with its own organization does not relieve the Provider's responsibility to make a good faith effort. Additional costs involved in finding and using DBEs is not in itself sufficient reason for a Provider's failure to meet the contract DBE goal, as long as such costs are reasonable. Providers are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. (7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Provider. (8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services. (9) Effectively using the services of available minority'women community organizations; minority women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. (10) If the Department's Director of the Business Opportunity Programs Office determines that the Provider has failed to meet the good faith effort requirements, the Provider will be given an opportunity for reconsideration by the Director of the appropriate Division. NOTE: The Provider must not cause or allow subproviders to bid their services. b. The preceding information shall be submitted directly to the Chair of the Consultant Selection Team responsible for the project. c. The Provider shall make all reasonable efforts to honor commitments to DBE subproviders named in the commitment submitted under Section 2.c. of this attachment. Where the Provider terminates or removes a DBE subprovider named in the initial commitment, the Provider must demonstrate on a case -by -case basis to the satisfaction of the department that the originally designated DBE was not able or willing to perform. d. The Provider shall make a good faith effort to replace a DBE subprovider that is unable or unwilling to perform successfully with another DBE, to the extent needed to meet the contract goal. The Provider shall submit a completed Exhibit H-2 Form for the substitute firm(s). Any substitution of DBEs shall be subject to prior written approval by the Department. The Department may request a statement from the firm being replaced concerning its replacement prior to approving the substitution. Engineering SpecDelwWA Page 2 of 4 Attachment H-FG WAs Used Contract No. e. The Provider shall designate a DBE liaison officer who will administer the DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. f. Providers are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 6) ELIGIBILITY OF DBEs. a. The Department certifies the eligibility of DBEs, DBE joint ventures and DBE truck -owner operators to perform DBE subcontract work on DOT financially assisted contracts. b. This certification will be accomplished through the use of the appropriate certification schedule contained in this Department's DBE program. c. The Department publishes a Directory of Disadvantaged Business Enterprises containing the names of firms that have been certified to be eligible to participate as DBEs on DOT financially assisted contracts. The directory is available from the Department's Business Opportunity Programs Office. The Texas Unified Certification Program DBE Directory can be found on the Internet at: http:;, www.dot.state.tx.us'services/business onl7ortunit oro ramsltuc dbe direct.Q htm . d. Only DBE firms certified at the time the contract is signed or at the time the commitments are submitted are eligible to be used in the information furnished by the Provider as required under Section 2.c. and 5.d. above. For purposes of the DBE goal on this contract, DBEs will only be allowed to perform work in the categories of work for which they were certified. 7) DETERMINATION OF DBE PARTICIPATION. A firm must be an eligible DBE and perform a professional or technical function relating to the project. Once a firm is determined to be an eligible DBE, the total amount paid to the DBE for work performed with hisiher own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subprovider is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. A DBE subprovider may subcontract no more than 70% of a federal aid contract. The DBE subprovider shall perform not less than 30°fo of the value of the contract work with assistance of employees employed and paid directly by the DBE; and equipment owned or rented directly by the DBE. DBE subproviders must perform a commercially useful function required in the contract in order for payments to be credited toward meeting the contract goal. A DBE performs a commercially useful function when it is responsible for executing the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself . When a DBE is presumed not to be performing a commercially useful function, the DBE may present evidence to rebut this presumption. A Provider may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. Proof of payment, such as copies of canceled checks, properly identifying the Department's contract number or project number may be required to substantiate the payment, as deemed necessary by the Department. 8) RECORDS AND REPORTS. a. After submission of the initial commitment reported (Exhibit H-1), required by Section 2.c. of this attachment, the Provider shall submit Monthly Progress Assessment Reports (Exhibit H-3), after contract work begins, on DBE involvement to meet the goal and for race -neutral participation. One copy of each report is to be sent to the Department's Business Opportunity Programs Office monthly, in addition one copy is to be submitted with the Provider's invoice. Only actual payments made to subproviders are to be reported. These reports will be required until all subprovider activity is completed. The Department may verify the amounts being reported as paid to DBEs by requesting copies of canceled checks paid to DBEs on a random basis. b. DBE subproviders should be identified on the report by name, type of work being performed, the amount of actual payment made to each during the billing period, cumulative payment amount and percentage of the total contract amount. These reports will be due within fifteen (15) days after the end of a calendar month. Reports are r uired even when no DBE activity has occurred in a billiLig period. Engineering SpecDelwWA Page 3 of 4 Attachment H-FG WAs Used Contract No. c. All such records must be retained for a period of seven (7) years following final payment or until any investigation, audit, examination, or other review undertaken during the seven (7) years is completed, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. d. Prior to receiving final payment, the Provider shall submit a Final Report (Exhibit H-4), detailing the DBE payments. The Final Report is to be sent to the Department's Business Opportunity Programs Office and one (1) copy to be submitted with the Provider's final invoice. If the DBE goal requirement is not met, documentation of the good faith efforts made to meet the goal must be submitted with the Final Report. 9) COMPLIANCE OF PROVIDER. To ensure that DBE requirements of this DOT -assisted contract are complied with, the Department will monitor the Provider's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of Monthly Progress Assessment Reports (Exhibit H-3), submitted to the Department's Business Opportunity Programs Office by the Provider indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted by the Department. The Monthly Progress Assessment Report (Exhibit H-3) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the DBE goal based on actual payments to the DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall contact the Department if helshe withholds or reduces payment to any DBE subprovider. (1) A DBE firm is paid but does not assume contractual responsibility for performing the service; (2) A DBE firm does not perform a commercially useful function; (3) Payment is made to a DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed; (4) Payment is made to a broker or a firm with a brokering -type operation; (5) Partial credit is allowed, in the amount of the fee or commission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, consultant, or managerial services, and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of the contract. A Provider's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the Department; or such other remedy or remedies as the Department deems appropriate. 12. 06 Dae->=> RATT Engineering SpecDelwWA Page 4 of 4 Attachment H-FG WAs Used Contract No. Texas Department of Transportation Subprovider Monitoring System Commitment Worksheet Contract #:N; A Assigned Goal: 15% Federally Funded ® State Funded ❑ Prime Provider:Kimley-Horn and Associates. Inc. Total Contract Amount: $711,103.77 Prime Provider Info: DBE ❑ HUB ❑ Both ❑ Vendor 1D #: 15608856157 DBE/HUB Expiration Date: _ (First 11 Digits Only) If no subproviders are used on this contract, please indicate by placing "NIA " on the I" line under Subprovidem Subprovider(s) Type Vendor ID # D=DBE Expiration S Amount or List All of Work First I Digits Only) H=HUB Date Flo of Work *For Work Authorization Contracts, indicate the % of work to be performed by each subprovider. Total DBE or HUB Commitment Dollars $ Total DBE or HUB Commitment Percentages of Contract 15° o (Commitment Dollars and Percentages are for Subproviders only) 12'06 DBEH I AT Engineering SpecDelwWA Page 1 of 1 Exhibit H-1 WAs Used Contract No. EXHIBIT H-2 Texas Department of Transportation Subprovider Monitoring System Commitment Agreement This commitment agreement is subject to the award and receipt of a signed contract from the Texas Department of Transportation (TxDOT). NOTE: Exhibit H-1 is required to be attached to each contract that does not include work authorizations Exhibit H-1 is required to be attached with each work authorization. Exhibit H-1 is also required to be attached to each supplemental work authorization. If DBEIHUB Suboroviders are used, the form must be completed and signed If no DBEIMUB Subproviders are used, indicate with "NIA "on this line. and attach with the work authorization or supplemental work authorization. Contract #: NIA Assigned Goal: 8% Prime Provider: Kimley-Horn and Associates, Inc. Work Authorization (WA)#: WA Amount: Supplemental Work Authorization (SWA) #: Revised WA Amount: Date: to WA #: SWA Amount: Description of Work Dollar Amount (List by category of work or task description. Attach additional pages, if (For each category of work or task description necessary.) shown. FC 120 - SOCIAL, ECONOMIC AND ENV STUDIES AND PUBLIC $112,260.29 INVOLVEMENT Total Commitment Amount(Including all additional a es. $1 l2 260.29 IMPORTANT: The signatures of the prime and the DBE/HUB and Second Tier Subprovider, if any (both DBE and Non -DBE) and the total commitment amount must always be on the same e. Provider Name: Kimley-Horn and Associates, Inc. Name: _ Address: 11700 Katy Freeway. Suite 800 (Please Print) Houston, TX 77079 Title:_ Phone # & Fax #: 281-597-9300 Email: Signature Date DBEIHUB Sub Provider Name: Larry W. Cox Subprovider Name: CoxlMcLain Environmental (Please Print) Consultin% Inc. Title: COONice President VID Number: 12607199796 — ------ - - Address: 8401 Shoal Creek Blvd. #100, Austin, TX 78757 Phone # & Fax #: P 512-338-2223 F 512-338-2225 Signature Date Email: larrvAcoxmclain.com Second Tier Sub Provider: Name: Subprovider Name: (Please Print) VID Number: Title: _ Address: Phone #& Fax #: S.� -- � store Date Email: VID Number is the Vendor Identification Number issued by the Comptroller. If a firm does not have a VID Number, please enter the owner's Social Securit or their Federal Employee Identification Number if incorporated). Engineering SpecDeWWA Page 1 of 1 4/06 DBE-H2.ATT Exhibit H-2 WAs Used Contract No. EXHIBIT H-2 Texas Department of Transportation Subprovider Monitoring System Commitment Agreement This commitment agreement is subject to the award and receipt of a signed contract from the Texas Department of Transportation (TxDOT). NOTE: Exhibit H-2 is required to be attached to each contract that does not include work authorizations. Exhibit H-2 is required to be attached with each work authorization. Exhibit H-2 is also required to be attached to each supplemental work authorization. If DBEIMUB Subnroviders are used, the form must be completed and signed If no DBEIHUB Subproviders are used, indicate with "NIA "on this line: and attach with the work authorization: or supplemental work authorization. Contract #: NIA Assigned Goal: 7% Prime Provider: Kimle -Horn and Associates Inc. Work Authorization (WA)#: WA Amount: Supplemental Work Authorization (SWA) #: Revised WA Amount: Date: to WA #: SWA Amount: Description of Work Dollar Amount (List by category of work or task description. Attach additional pages, if (For each category of work or task description necessary) shown. FC 150 —TOPOGRAPHIC SURVEY $92630.00 Total Commitment Amount ►ncludin all additional aP,,-.vj $92 630.00 IMPORTANT: The signatures of the prime and the DBE/HUB and Second Tier Subprovider, if any (both DBE and Non -DBE) and the total commitment amount must always be on the same page. Provider Name: Kimley-Horn and Associates, Inc. Name: Address: (Please Print) 11700 Katy Freeway, Suite 800 Title: Houston, TX 77079 Phone # & Fax #: 281-597-9300 Signature Date Email: DBE(HUB Sub Provider Name: Ren Chygn Steven Wen Subprovider Name: Kuo & Associates, Inc. VID Number: 17601386703 (Please Print) Address: 10700 Richmond Ave. #113, Houston, TX 77042 Title: Vice President Phone # & Fax #: P 713-975-8769 F 713-975-1920 Email: steven.wen uoassociates.com Signature Date Second Tier Sub Provider: Name: Subprovider Name: (Please Print) VID Number: Title: Address: Phone #& Fax #: Signature Date Email: VID Number is the Vendor Identification Number issued by the Comptroller. If a firm does not have a VID Number, please enter the owner's Social Security or their Federal Employee Identification Number if incorporated). Engineering SpecDelwWA Page 1 of 1 4106 DBE-H2.ATT Exhibit H-2 WAs Used Contract No. EXHIBIT H-3 Texas Department of Transportation Subprovider Monitoring System for Federally Funded Contracts Progress Assessment Report for month of (Mo /Yr.) / Contract #: Original Contract Amount; Date of Execution: Approved Supplemental Agreements; Prime Provider: Total Contract Amount: Work Authorization No. Work Authorization Amount: If no subproviders are used on this contract, please indicate by placing "NIA" on the I" line under Subprovidem DBE All Subproviders Category of Work Total Sub rovider Amount % Total Contract Amount Amount Paid This Period Amount Paid To Date Subcontract Balance Remainio Fill out Progress Assessment Report with each estimate. invoice submitted, for all subcontracts, and forward as follows. 1 Copy with Invoice - Contract Manager/Managing Office 1 Copy TxDOT, BOP Office, 125 E. IIth, Austin, TX 78701, 512-486-5500, toll free 866-480-2518, or Fax to 512-486-5519 I hereby certify that the above is a true and correct statement of the amounts paid to the firms listed above. Print Name - Company Official ,DBE Liaison Officer Email Signature Phone Fax Engineering SpecDeiwWA Page 1 of 1 Exhibit H-3 Date WAs Used Contract No. EXHIBIT H-4 Texas Department of Transportation Subprovider Monitoring System Final Report The Final Report Form should be filled out by the Prime Provider and submitted to the Contract Manager and the Business Opportunity Programs Office for review upon completion of the contract. The report should reflect all subcontract activity on the project. The report will aid in expediting the final estimate for payment. If the HUB or DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. DBE Goal: % OR HUB Goal: % Total Contract Amount: $ Total Contract Amount: $ Contract Number: II Vendor ID # I Subprovider I Total $ Amt Paid to Date I TOTAL This is to certify that % of the work was completed by the HUB or DBE subproviders as stated above. By: Prime Provider Per: Signature Subscribed and sworn to before me, this I day of , 20 Notary Public County My Commission expires: 12'06 DBE-H4 A Engineering SpecWwWA Page 1 of 1 Exhibit H-4 WAs Used Contract No. EXHIBIT H-5 Federal Subprovider and Supplier Information The Provider shall indicate below the name, address and phone number of all successful and unsuccessful subproviders and/or suppliers that provided proposals/quotes for this contract prior to execution. You may reproduce this form if additional space is needed. Name Address Phone Number Cox McLain 8401 Shoal Creek Blvd. #100, Austin, TX 78757 512-338-2223 Kuo & Associates, Inc. 10700 Richmond Ave. #113, Houston, TX 77042 713-975-8769 The information must be provided and returned with the contract. Signature Printed Name Email Date Phone # Engineering SpecDelwWA Page 1 of 1 Exhibit H-5