The URL can be used to link to this page

Ordinance No. 9,482ORDINANCE NO. 9482 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES, INCORPORATED FOR PROFESSIONAL SERVICES FOR THE DESIGN, ENGINEERING AND DEVELOPMENT OF PHASE IV OF THE GOOSE CREEK STREAM HIKE AND BIKE TRAIL, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWO HUNDRED TWELVE THOUSAND THREE HUNDRED FOUR AND 23/100 DOLLARS ($212,304.23); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute a professional services agreement with Halff Associates, Incorporated for professional services for the design, engineering and development of Phase 1V of the Goose .Creek Stream Hike and Bike Trail. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Halff Associates, Incorporated in an amount of TWO HUNDRED TWELVE THOUSAND THREE HUNDRED FOUR AND 23/100 DOLLARS ($212,304.23) for professional engineering services in accordance with the contract. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, provided that the amount authorized in Sections 2 hereof may not be increased by more than twenty-five percent (25 %). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12a' day of December, 2002. i PETE C. ALFARO, Mayor ATrE - t. G a.T W. N :R'- IH, City Clerk APPROVED AS TO FORM: ® NACIO RAMIREZ, SR., Ci Attorney F:\Karen\Files \City Council \Ordinances alffAssoci ales "I'xDO'I'Ordinance.doc CM: CSJ: 0912 -71 -697 STATE OF TEXAS § COUNTY OF HARRIS § THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Baytown, hereinafter called City, and Halff Associates, Inc., having its principal business address at 3701 Kirby Drive, Suite 1290, Houston, Texas 77098, 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 professional services of engineers; and WHEREAS, 43 TAC §9.30 -9.41 establishes the department's policies and procedures for contracting for engineering services; and WHEREAS, the City desires to contract for engineering services described as follows: Prepare Plans Specifications, Estimates and Construction Phase services for the proposed Pedestrian and Bicycle Trail (Hike and Bike Trail) along Goose Creek Stream — Phase IV in Baytown, Texas (the "Project "). AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this contract. • FM A I of 16 4/96 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this engineering contract. ARTICLE 3 CONTRACT PERIOD After execution of this contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This contract shall terminate upon completion of the Construction Phase Services and final acceptance of the same by the City or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this contract. The lump sum amount payable under this contract without modification of the contract is: $174,544.83 for engineering and surveying services, $14,763.00 for environmental services (DBE), $15,134.00 for geotechnical services (DBE), and $ 7,862.40 for hydrologic and hydraulic services (DBE), totaling $212,304.23 as shown in Attachment D — Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City and TxDOT, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period 2 of 16 4196 and to date, and one original and one copy of a certified invoice. The submittal shall also include the is progress assessment report, identified as Attachment H -2, if applicable. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D — Fee Schedule. Upon receipt and approval of each statement by both the City and TxDOT, the City shall make a good faith effort to pay amount which is due and payable within (30) days. Payment later than 30 days shall include interest at 1 percent per month or lesser maximum enforceable interest rate, from 30 days after the City receives the TxDOT approved invoice. Such interest is due and payable when the overdue payment is made. The City shall reserve the right to withhold payment without interest accruing pending verification of satisfactory work performed. The Engineer must submit adequate proof to TxDOT and the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B — Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City and TxDOT. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City or TxDOT, in order to evaluate features of the work. At the request of the City or TxDOT or the Engineer, conferences shall be provided at the Engineer's office, the office of the City or TxDOT, 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. If state or federal funds are to be used on this contract, the work will be subject to periodic review by the State and the U.S. Department of Transportation. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work schedule with the Engineer to determine corrective action needed. ® The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: 3 of 16 4196 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of 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, State or federal assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the contract, this maybe done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty -day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty -day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the contract will terminate on the date specified unless the contract is amended. The City assumes 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 subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. To the extent not included in the scope of services identified in Attachment B, the following services can be provided as an additional service to the contract, should they be required: hydraulic analyses of existing drainage structures affected by the proposed trail, environmental investigation and assessments, geotechnical investigation, wetland delineation report, right of way acquisition, including surveys, sketches abstracting and metes and bounds descriptions, landscaping such as lighting and aesthetic features. 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 of the work authorized in this contract or as amended. 4 of 16 4/96 ARTICLE 10 • CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this contract maybe modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and.authorization to proceed is granted by the City. The City reserves the right to withhold payment without interest accruing pending verification of satisfactory work performed. ARTICLE 12 PUBLIC INFORMATION ACT All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this contract. 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. Release of information shall be in conformance with the Texas Public Information Act. It is expressly understood by the parties hereto that the City may use the documents created or collected under the terms of this contract for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a ® condition to the City's use of these documents, the City hereby expressly agrees to remove the Engineer's name and all references to the Engineer and its consultants from the Documents. The City hereby releases any and all claims which the City could make arising out of or in connection with any 5 of 16 4/96 reuse of the documents by the City. This release of claims for the matters covered in this paragraph shall be for the benefit of the Engineer, its officers, and employees, as well as their successors and assigns. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Engineer may not change the Project Manager without prior written consent of the City. ARTICLE 14 BUY TEXAS The Engineer shall buy Texas products and materials for use in providing the services authorized in this contract when said products and materials are available at a comparable price and in a comparable period of time. When requested by the City, the Engineer shall furnish documentation of said purchases or a description of good faith efforts to do so. ARTICLE 15 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this contract without prior written approval from the City. All subcontracts shall include the provisions required in this contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this contract. 6 of 16 4/96 ARTICLE 16 EVALUATION OF WORK The City, State of Texas and, when federal funds are involved, the U.S. Department of Transportation ( USDOT) and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 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 City, State or USDOT representatives in the performance of their duties. ARTICLE 17 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 18 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of the contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. 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 19 TERMINATION The contract may be terminated before the stated termination date by any of the following conditions: (1) By mutual agreement and consent in writing of 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 and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer; or 7of16 , 4196 L7 (5) By satisfactory completion of all services and obligations described herein. 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 (4) of the paragraph identified above, the Engineer shall cease work immediately upon receipt of the termination notice and no additional amount may be charged during the thirty (30) day notice period. 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 actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. If the 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. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this contract. ARTICLE 20 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, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 21 INDEMNIFICATION THE ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER, WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO AS THE 8of16 4/96 "CITY ") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF THE ENGINEER OR THE ENGINEER'S EMPLOYEES (HEREINAFTER, .WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO AS THE "ENGINEER "). IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF THE ENGINEER, SUCH INDEMNITY SHALL APPLY (I) TO THE FULLEST EXTENT ALLOWED BY LAW AND (H) TO THE EXTENT ALLOWED REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE (I) IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OR (H) IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE ENGINEER. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE ENGINEER AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE ENGINEER TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE TO THE EXTENT ALLOWED BY LAW, WHERE THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY OR DEATH OF THE ENGINEER AND /OR (H) THE ENGINEER'S JOINT AND /OR SOLE NEGLIGENCE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN THE ENGINEER THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE ENGINEER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY AND THE ENGINEER. The indemnity provided hereinabove shall survive the termination and/or expiration of this Agreement. The Engineer assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with the Engineer's work to 9 of 16 4196 be performed hereunder. This release shall apply with respect to the Engineer's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. The protections afforded to the City in this Article 21 shall control and supersede any apportionment of liability or release of liability contained elsewhere in this Agreement. ARTICLE 22 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City and all decisions shall be in accordance with TxDOT's "Errors or Omissions Policy" in accordance with 43 TAC §9.38(e). The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities. ARTICLE 23 ENGINEER'S 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 State Board of Registration for Professional Engineers. ARTICLE 24 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, 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. 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 25 INSURANCE ® 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 10 of 16 4/96 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. 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. 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: $1,000,000 Products & Completed Operations: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $500,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy (BAP) Combined Single Limits: $500,000 a. Coverage for "Any Auto." Workers' Compensation Insurance Statutory Limits Employer's Liability $500,000 Waiver of Subrogation required Errors & Omissions (E &O) Limit: $500,000 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. Upon execution of this contract, the 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. 0 The Engineer shall also file with the City valid Certificates of Insurance covering all subcontractors. 1 I of 16 4196 The following are general requirements applicable to all policies: a. AM Best Rating of A: VII or better. b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. C. Liability policies will be on occurrence form. E & O can be on claims -made form. d. City of Baytown, its officials and employees are to be added as Additional Insured to liability policies. e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and/or certificates of insurance shall be furnished to City of Baytown's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to City of Baytown's representative prior to execution of this agreement. f. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to City of Baytown's representative. Additionally, the Engineer shall furnish the City a properly completed Certificate of Insurance (Texas Department of Transportation Form 20.102) approved by the City prior to beginning work under this contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 26 GRATUITIES Any person doing business with or who may reasonably speaking do business with the City or State under this contract may not make any offer of benefits, gifts or favors to departmental employees, except ordinary business lunches and items that have received the advance written approval of the Texas Department of Transportation Executive Director. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 27 DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENT The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 15 percent of the value of this contract to Disadvantaged Business Enterprises. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code, and will comply with them. 12 of 16 4/96 ® ARTICLE 28 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS • The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City, State or any of its duly authorized representatives, the Federal Highway Administration, the U.S. Department of Transportation Office of Inspector General and the Comptroller General shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 29 PAYMENT OF FRANCHISE TAX Pursuant to the Business Corporation Act, Texas Civil Statutes, Article 2.45 which prohibit the City from awarding a contract to a corporation that is delinquent in paying taxes under Tax Code, Chapter 171, the Engineer hereby certifies that he /she is not delinquent in its Texas franchise tax payments, or that it is exempt from, or not subject to, such a tax-. A false statement concerning corporation's franchise tax status shall constitute grounds for termination of the contract at the sole option of the City. ARTICLE 30 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts)- submitted with the offer to provide services are current and still valid. ARTICLE 31 LOBBYING CERTIFICATION The Engineer shall comply with "Lobbying Certification\Disclosure Form" in federal aid contracts in excess of $100,000 or subcontracts in excess of $50,000, identified as Attachment I, if applicable. 13 of 16 4/96 • ARTICLE 32 CIVIL RIGHTS COMPLIANCE The Engineer shall comply with the regulations of the Department of Transportation (49 C.F.R. Part 21 and 23 C.F.R. §710.405) as they relate to nondiscrimination; also, Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 C.F.R. Part 60). See Civil Rights Compliance," attached hereto and identified as Attachment J. ARTICLE 33 PATENT RIGHTS AND COPYRIGHTS Not Applicable. ARTICLE 34 PROPERTY MANAGEMENT AND PROCUREMENT STANDARDS The Engineer agrees to comply with the property management standards specified in OMB Circular A -102 and 49 C.F.R. § 18.36, in its control, use and disposition of property and equipment governed by those standards. The Engineer agrees to comply with the procurement standards specified in OMB Circular A -102 and 49 C.F.R. §18.32, in its procurement of property and equipment governed by those standards. ARTICLE 35 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this contract and if so stated in Attachment B and attached hereto. ARTICLE 36 CHILD SUPPORT STATEMENT Under Section 231.006 of the Family Code, the Engineer certifies that the individuals or business entity named in this contract is eligible to receive the specified grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. The Engineer further acknowledges that he or she has read Attachment K and has provided the names and social security numbers required therein. 14 of 16 4196 C] ARTICLE 37 DISPUTES 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 this contract's work. Any disputes concerning the work hereunder or additional costs, or any non - procurement issues shall be settled in accordance with Title 43, Texas Administrative Code, § 1.68. ARTICLE 38 SUCCESSORS AND ASSIGNS The Engineer, and the City, do 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 39 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 40 PRIOR CONTRACT SUPERSEDED This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. AIIRTICLE 41 NOTICES All notices to either party by the delivered or mailed to such party at the fol CITY City of Baytown 2401 Market Street Baytown, Texas Attn: Gary Jackson required under this contract shall be personally respective address: ENGINEER Halff Associates, Inc. 3701 Kirby Dr., Suite 1290 Houston, Texas 77098 -3926 Attn: Raul E. Wong, P.E. 15 of 16 4196 • ARTICLE 42 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory 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. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. CITY OF BAYTOWN HALFF ASSOCIATES, INC. THE ENGINEER By: Gary Jackson City Manager By: Signatur Raul E. ong, P.E. Date Printed Name Vice President Title Date LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule (Not Applicable) Attachment D - Fee Schedule Attachment E - Work Authorizations (Not Applicable) Attachment F - Supplemental Work Authorizations (Not Applicable) Attachment G - Certificate of Insurance Attachment H - Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements (Not Applicable) Attachment I - Lobbying Certification/Disclosure Form (Not Applicable) Attachment J - Civil Rights Compliance Attachment K - Child Support Statement 16 of 16 4/96 • Harris County CSJ: 0912 -71 -697 ATTACHMENT A Services Provided by the City City of Baytown, Texas VA: Goose Creek Hike and Bike Trail— Phase IV From West Texas Avenue to Garth Road in Baytown I. Input and Guidance A. Periodically during the Project, as reasonably requested by the Engineer, the City is to provide input and guidance to the Engineer. The City will also make all necessary optional choices on project elements developed as part of final Project Design. II. Existing Construction Plans and Surveys A. As reasonably requested by the Engineer, the City will provide access to existing plans, surveys, electronic design files, data, etc. related to the Project. III. Liaison with TxDOT A. The City shall submit the Engineer's completed plans to the State for review and approval. 40 0 ATTACHMENT B Services Provided by the Engineer Halff Associates, Inc. Harris County CSJ: 0912 -71 -697 VA: Goose Creek Hike and Bike Trail — Phase IV From West Texas Avenue to Garth Road in Baytown I. Project Development A. Develop project planning and organization. B. Provide supervision and coordination. C. Provide planning and control to include quality management. D. Provide general management and administrative functions. II. Data Collection, Review & Evaluation A. Assemble base data and reports. 1. Obtain necessary plans, reports, and data from TxDOT, City of Baytown, and other applicable agencies. 2. Obtain such other information as may be applicable. B. Conduct field reconnaissance. C. Initiate investigations as required. 1. Arrange for field survey. D. Review and evaluate all data provided by TxDOT and other agencies. E. Review and evaluate results of field survey information. F. Review applicable design criteria. III. Surveying A. Field Survey 1. Establish project baseline on the ground for limits of project and tie to TxDOT control points. The project baseline must be coincidental with, or parallel to, the stationed "Design Centerline ". Locate existing baseline control points of P.C.'s, P.L's, and P.T.'s of horizontal curves and at 1,000 feet maximum. 2. Perform supplemental topographic survey as required to update project 1 information. 3. Perform topographic survey and obtain cross sections of existing public cross street intersections. Cross section at 50 feet and 100 feet from proposed right of way line. 4. Obtain existing ground cross sections, every 100 feet. 5. Provide additional field surveying to include: a. Existing crossroad and side road drainage structures. b. Profiles of existing drainage facilities. c. Above ground and below ground utilities (both public and private). 6. Field tie to the project baseline all existing utilities (underground and over head) within the existing and proposed right of way for the limits of the project. Tie of utilities to the project baseline will be performed by the surveyor by station, offset, and elevation. 7. Provide office computations and drafting as needed in support of the above services. 8. Document all field work and submit field data to City, if required. IV. Design Plans A. Pedestrian and Bicycle Trail Plans 1. Plot existing topographic features. 2. Plot all existing utilities in plan and profile, including those which are in conflict with the proposed construction. 3. Prepare plans to avoid utility adjustments where possible. 4. Determine the horizontal and vertical alignment of the bikeway. 5. Prepare schematic layout of the bikeway showing the existing and proposed right of way lines and the existing and proposed centerline alignment of the route along with typical sections. 6. Develop the design plan and profiles in accordance with TxDOT and AASHTO Bicycle Facility Guidelines and with applicable Americans with Disabilities Act Guidelines. 7. Develop the grading design to include: a. Typical sections b. Design cross sections 8. Incorporate the pavement design as developed by TxDOT, if required. 9. Develop plan details as necessary to supplement any standard sheets. 10. The engineer will investigate the impact that the proposed bikeway will have on adjacent trees and recommend measures to protect any affected trees. B. Drainage 1. Provide hydraulic design, documentation and computation. a. Prepare hydraulic computations for culverts, bridge waterways and channel. b. Prepare a cross drainage culvert hydrology sheet consisting of the proposed drainage area map (with D.A. in acres), hydraulic calculations for cross drainage culverts. 2. Provide layout, structural design, and detailing of drainage features. 3. Prepare the Storm Water Pollution Prevention plans. The plans will indicate the control devices required to reduce the pollutants in storm water discharges associated with the construction site. a. Incorporate drawings, details, and modify as necessary, and quantities into 2 the PS &E. 4. The engineer shall perform the Hydraulic Impact Analysis for the proposed bikeway improvements. a. If necessary, the engineer shall perform a mitigation analysis should the proposed improvements adversely impact the 100 -year flood levels along the watercourse. b. If necessary, the engineer shall identify alternative solutions to alleviate any adverse impacts to the flood levels with the project. Both channel modifications and detention options should be considered for the project. C. Special Utility Details 1, Determine the extent and nature of any conflicts between existing utilities and the proposed improvements. 2. Evaluate any utility conflicts and determine the appropriate adjustments and approximate cost. 3. Coordinate as necessary. 4. Prepare drawings for any utility agreements in accordance with TxDOT guidelines and submit to City. a. Reproducible drawings for major crossings, 11" x 17 ", and title sheet for each utility adjustment. b. Drawing will include the following: 1. Existing and proposed right of way drawings. 2. Existing and proposed bikeways. 3. Existing and proposed storm sewers. 4. Underground utility in plan and profile. 5. Limits of existing conflicts. 6. Owner of utility. 7. Benchmark data. c. Copies of correspondence with utility companies. d. If contact was made by phone, provide name of company and representative's name and telephone number. e. Prepare detailed list of all conflicts with existing utilities after preliminary design of storm sewer design and preparation of bridge layouts. List must include the following: 1. Highway station number. 2. Name of utility company and type of facility. 3. Proposed highway facility — the conflict with: storm sewer, bikeway, drainage ditch, drillshaft, etc. D. Signing, Markings, & Signalization 1. Determine location and type of warning signs, regulatory signs, and guide signs according to criteria furnished by TxDOT Manual on Uniform Traffic Control Devices (MUTCD), and AASHTO Bikeway Guidelines, and prepare signing plans and details. 2. Prepare plans and details for all required pavement markings and delineation. 3. Prepare plans anal details of safety lighting and traffic signals at each Signalized intersection. a. Coordinate with Houston District. 4. Bikeway Illumination (if applicable) a. Permanent field lighting is not required for this project. 5. Geotechnical a. Perform soil borings per TxDOT guidelines. The define soil boring are as follows: 2 - 75 foot borings at the proposed pedestrian bridge and 2 - 25 foot borings at the proposed culvert crossing. b. Perform any geotechnical design analysis required for bridge or earth fill. 6. Environmental — Categorical Exclusion (CE) a. Prepare a CE document addressing the proposed improvement. b. The report will be prepared to provide environmental documentation according to the TxDOT procedures obtained from the TxDOT Operations and Procedures Manual. E. Bridge Layouts and Structural Details 1. Prepare bridge layout for the proposed pedestrian bridge across a natural drainage swale located approximately 300 feet north of Goose Creek. 2. The Engineer shall make final design calculations and final detail drawings in accordance with standard requirements of the TxDOT. All bridge design shall be in conformance with the Texas Department of Transportation Division of Bridges and Structures Operation and Planning Manual, the current American Association of State Highway and Transportation Officials, Standard Specification for Highway Bridges, including applicable interim specifications, and the Division of Bridges and Structures, Foundation Exploration and Design Manual. 3. Conduct a detailed hydrologic and hydraulic analysis a. Preparation of drainage area map. b. Estimation of physical and runoff parameters of drainage areas. c. HEC -1 or HEC -HMS hydrologic modeling. d. HEC -2 or HEC -RAS hydraulic modeling. e. Bridge scours analysis for southern pedestrian bridge. f. Preparation of hydraulic report V. Construction Documents A. Construction Drawings 1. Develop the project index of drawings. 2. Draft the final drawings. B. General Notes, Specifications, & Standard Drawings 1. Develop required general notes and special provisions. 2. Prepare any additional special provisions and special specifications — in the TxDOT format — that may be required. Prepare Special Provision "Description of Project and Sequence of Work ". 3. Prepare general notes, specifications and estimate on a 3.5 -inch diskette in accordance with the requirements under Section X — Document and Information Exchange. 4. TxDOT will approve the standard TxDOT drawings applicable to the project. The engineer will modify the drawings (if required). 5. All drawings shall use the standard TxDOT signature block and title sheet. 6. All drawings for the project shall be submitted on Sheets that are 11 inches by 17 inches. 0 C. Quantities and Cost Estimates 1. Prepare list of construction bid items. 2. Where applicable, obtain quantity input data from TxDOT. 3. Compute estimated quantities for all bid items. 4. Develop basis of estimate. 5. Compute. estimated cost of construction work bases on current unit prices and estimated quantities. C: Prepare Estimate of Quantity Sheets showing a separate breakdown of quantities for any local participation that may be involved. D. Estimate Construction Time Schedule 1. Prepare an estimate for the time required to construct the project in accordance with TxDOT Administrative Circular No. 17 -93. E. Prepare PS & E package complete and suitable for bidding and award of a construction contract. VI. Reviews and Approvals A. Review project performance on a periodic basis including both in -house requirements and those established by TxDOT. 1. Submit monthly progress reports to City. B. Obtain regulatory agency approvals as required. C. The engineer will address all TxDOT review comments submitted at each stage of the project. VII. Construction Phase Services A. Attend construction meetings 1. Participate in pre - construction kickoff meeting 2. Provide monthly Site Observation Reports to City. B. Review project field changes and submit as -built drawings for the City 5 Project Development ATTACHMENT "D" - FEE SCHEDULE City of Baytown Proposed Hike and Bike Trail - Phase IV Halff Associates, Inc. Classification Estimated Direct Overhead Profit Total Total Hours Labor Rate (1.7) Rate (12.0 %) Fee Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 30 $40.39 $68.66 $13.09 $122.14 $3,664.18 Design Engineer 16 $26.61 $45.24 $8.62 $80.47 $1,287.50 Admin. Assistant 4 $14.50 $24.65 $4.70 $43.85 $175.39 Subtotal 58 '. $24.65 $4.70 $43.85 $6,243.531 Data Collection, Review and Evaluation Principal 4 $46.15 $78.46 $14,95 $139.56 $558.23 Project Manager 40 $40.39 $68.66 $13.09 $122.14 $4,885.57 Design Engineer 120 $26.61 $45.24 $8.62 $80.47 $9,656.24 Survey Manager 8 $40.39 $68.66 $13.09 $122.14 $977.11 Admin. Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 Subtotal 180 $17.55 $29.84 $5.69 $53.07 $16,427.94 Surveying Design Plans Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 16 $40.39 $68.66 $1109 $122.14 $1,954.23 Design Engineer 24 $26.61 $45.24 $8.62 $80.47 $1,931.25 Survey Manager 96 $40.39 $68.66 $13.09 $122.14 $11,725.38 Survey Crew (2 Man) 192 $30.36 $51.61 $9.84 $91.81 $17,627.26 CADD Technician 96 $17.55 $29.84 $5.69 $53.07 $5,094.84 Admin. Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 - Subtotal ' 440 . I . • . . . ... - -- ,- $39;800.19 Principal 10 $46.15 $78.46 $14.95 $139.56 $1,395.58 Project Manager 80 $40.39 $68.66 $13.09 $122.14 $9,771.15 Design Engineer 280 $26.61 $4514 $8.62 $80.47 $22,531.22 Structural Engineer 60 $40.39 $68.66 $13.09 $122.14 $7,328.36 Survey Manager 8 $40.39 $68.66 $13.09 $122.14 $977.11 CADD Technician 640 $17.55 $29.84 $5.69 $53.07 $33,965.57 Admin. Assistant 20 $14.50 $24.65 $4.70 $43.85 $876.96 Subtotal' 1,098 $76,845.951 Construction Documents Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 20 $40.39 $68.66 $13.09 $122.14 $2,442.79 Design Engineer 80 $26.61 $45.24 $8.62 $80.47 $6,437.49 CADD Technician 0 $17.55 $29.84 $5.69 $53.07 $0.00 Admin. Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 Subtotal . 116 $14.50 $24.65 $4.70 $43.85 $10,347.52 Reviews and Approvals Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 24 $40.39 $68.66 $13.09 $122.14 $2,931.34 Design Engineer 80 $26.61 $45.24 $8.62 $80.47 $6,437.49 CADD Technician 16 $17.55 $29.84 $5.69 $53.07 $849.14 Admin. Assistant 24 $14.50 $24.65 $4.70 $43.85 $1,052.35 " , Subtotal 152 $14.50 $24.65 $4.70 $43.85 $12,386.79 Construction Phase Services Principal 4 $46.15 $78.46 $14.95 $139.56 $558.23 Project Manager 40 $40.39 $68.66 $13.09 $122.14 $4,885.57 Design Engineer 25 $26.61 $45.24 $8.62 $80.47 $2,011.72 CADD Technician 40 $17.55 $29.84 $5.69 $53.07 $2,122.85 Admin. Assistant 12 $14.50 $24.65 $4.70 $43.85 $526.18 -Subtotal 121 $10,104.541 Expenses Travel $513.36 (24 trips @ 62 round -trip mi./trip @ 0.345/mi.) $513.36 Printing, copies $1,200.00 (Computer drawing plots, reproduction, faxes) $1,200.00 Deliveries, postage $675.00 (Lone Star shipping services, postal fees) $675.00 Subtotal $2,388.36 Basic Engineering Services Subtotal $174,544.83 Subconsultant: HVJ, Inc. (Environmental Services) $14,763.00 Subconsultant: HVJ, Inc. (Geotechnical Services) $15,134.00 Subconsultant: Civil Systems Engineering (H & H Services) $7,862.40 Total Hours I 2,165 Total Cost $212,304.23 ,74'-U '..S w+.�o..k ATTACHMENT "D" - FEE SCHEDULE City of Baytown Proposed Hike and Bike Trail Along Goose Creek Environmental Assessment - Categorical Exclusion ® HVJ Associates, Inc. - Job No. 02 -121 EH-0 (Revised November 18, 2002) ® Project Development '�iCfassifieationt ? YEs ma ed`�, Direct' Ovefie N}"�1P oTit ,�;�Tatal !.; Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Sen Proi Manager 1.0 $36.00 $59.40 $11.45 .$106.85 $106.85 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 8.0 $23.80 $39.27 $7.57 $70.64 $565.11 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson i.0 $20.50 $33.83 $6.52 $60.84 $60.84 ti.:.5i,btotal!` ` "WN <.. ; i w ,.3, ys:. R., -L'i Data Collection, Review and Evaluation Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Sen Proj Manager 4.0 $36.00 $59.40 $11.45 $106.85 $427.39 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 26.0 $23.80 $39.27 $7.57 $70.64 $1,836.60 Clerk(Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 3.0 $20.50 $33.83 $6.52 $60.84 $182.53 K^9 5 Subtbtats. :: , w'395. ,: -:c'. <.. ; i w ,.3, ys:. R., -L'i Field Investigation, and Surveys Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Sen Proj Manager 3.0 $36.00 $59.40 $11.45 $106.85 $320.54 Senior Envir Sci 2.0 $30.00 $49.50 $9.54 $89.04 $178.08 Staff Envir Sci 26.0 $23.80 $39.27 $7.57 $70.64 $1,836.60 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 r,+ Report Preparation (Draft) Expenses Principal 2.0 $50.00 $82.50 $15.90 $148.40 $296.80 Sen Proj Manager 4.0 $36.00 $59.40 $11.45 $106.85 $427.39 Senior Envir Sci 16.0 $30.00 $49.50 $9.54 $89.04 $1,424.64 Staff Envir Sci 36.0 $23.80 $39.27 $7.57 $70.64 $2,542.98 Clerk/Typist 7.0 $13.00 $21.45 $4.13 $38.58 $270.09 CAD Draftsperson 11.0 $20.50 $33.83 $6.52 $60.84 $669.28 M-7,701 btotal' :s 7.6.O:dt_ J: ;,,. ,r . r K . x.. i .:.a • 63i`.1 Report Preparation (Final) ® Principal 1.0 $50.00 $82.50 $15.90 $148.40 $148.40 Sen Proj Manager 6.0 $36.00 $59.40 $11.45 $106.85 $641.09 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 4.0 $23.80 $39.27 $7.57 $70.64 $282.55 Clerk(typist 3.0 $13.00 $21.45 $4.13 $38.58 $115.75 CAD Drafts rson 1.0 $20.50 $33.83 $6.52 $60.84 $60.84 �"'.••a�.�:�:Stthtotal.,�a��s �'. _. :19.0: {, _�� " '�.:'E�. ++°;i. I� ins a. ". = .� -:'s,? `. �� ,a, =;.;. 5�o a .. r1,, _ �.. $1 ^604: Attend Public Meetings Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Sen Proj Manager 0.0 $36.00 $59.40 $11.45 $106.85 $0.00 Senior Envir Sci 0.0 $30.00 $49.50 $9.54 $89.04 $0.00 Staff Envir Sci 0.0 $23.80 $39.27 $7.57 $70.64 $0.00 Clerk(Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Drafts rson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 Expenses Film $42.91 Reproduction $180.00 Deliveries $75.00 Air Photos $100.00 Environmental Records $350.00 Travel $250.00 .,!!S6btbtal tl k,,n ROWFURMITRZIMME ,y 472 E_�• c_ Cf'+$997 -i91 ® 1 Subtotal 1 $14,763 Total Hours 1 182.0 n.aem MNSManew+a" norwa Total Cost I $14,763 n C] ATTACHMENT D - FEE SCHEDULE Geotechnical Investigation Pedestrian Bridge Crossing for Goose Creek Hike and Bike Trail City of Baytown HVJ Job No. 02- 147GH-0 (Revised November 26, 2002) Project Development Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Senior Engineer, A.E. 1.0 $48.90 $80.69 $15.55 $145.14 $145.14 Project Manager, P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 0.0 $21.90 $36.14 $6.96 $65.00 $0.00 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 ` Siibtbtal T1:0,• c ,�A - �u „• c, $4.13 7W. •IFs Data Collection, Review and Evaluation Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer, P,E. 1.0 $48.90 $80.69 $15.55 $145.14 $145.14 Project Manager, P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 4.0 $21.90 $36.14 $6.96 $65.00 $260.00 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 2.0 $20.50 $33.83 $6.52 $60.84 $121.69 "'h :subtotal` T1:0,• c ,�A - �u „• c, $4.13 7W. •IFs M76574 Field Investigation, and Surveys Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer, P.E. 0.0 $48.90 $80.69 $15.55 $145.14 $0.00 Project Manager, P.E. 0.0 $26.80 $44.22 $8.52 $79.54 $0.00 Engineer Associate 4.0 $21.90 $36.14 $6.96 $65.00 $260.00 Sr. Field Technician 30.0 $13.90 $22.94 $4.42 $41.26 $1,237.66 Field Technician 16.0 $12.40 $20.46 $3.94 $36.80 $588.85 Clerkrrypist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 #,' ' ^Sllt}tdtal °. i�t'.. ..:k`tr 50.0° :'7t'_:r; z+ ."3:-•°xt •,'. ")•: :%r•�; _ .rCt;'sti ;9... , 086E Report Preparation (Draft) Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer, P.E. 5.0 '$48.90 $80.69 $15.55 $145.14 $725.68 Project Manager, P.E. 8.0 $26.80 $44.22 $8.52 $79.54 $636.34 Engineer Associate 24.0 $21.90 $36.14 $6.96 $65.00 $1,559.98 Clerk/Typist 6.0 $13.00 $21.45 $4.13 $38.58 $231:50 CAD Drafts erson 6.0 $20.50 $33.83 $6.52 $60.84 $365.06 Subtotal 5� �gLl0 Report Preparation (Final) Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Senior Engineer, P.E. 2.0 $48.90 $80.69 $15.55 $145.14 $290.27 Project Manager, P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 6.0 $21.90 $36.14 $6.96 $65.00 $390.00 ClerkrTypist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 2.0 $20.50 $33.83 $6.52 $60.84 $121.69 ^�.�SutilotalW��.,"�z�1:4 =5 ._Y?'�.,.�y:'�::�.�-___:. _iE +.T �;:_,. "_�. �.- �:':s: ,<.ti.�:,,,..a..$1.•e12�43 Attend Public Meetings Expenses Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer, P.E. 0.0 $48.90 $80.69 $15.55 $145.14 $0.00 Project Manager, P.E. 0.0 $26.80 $44.22 $8.52 $79.54 $0.00 Engineer Associate 0.0 $21.90 $36.14 $6.96 $65.00 $0.00 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Drafts U rson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 fx -. .t ai.', r •C rQ.O: J• y'•. '7. -•. � .�.�'ib._.. '?�: kXi ?'j`i � �i+� :. Mobilization / Demobilization ATV Surcharge Site Clearance Drilling and Sampling Standard Laboratory Tests Reproduction Travel Total Hours 128.0 $350.00 $800.00 $2,000.00 $2,800.00 $1,000.00 $175.00 $150.00 Subtotal $15,134 Total Cost $15,134 0 ATTACHMENT "D" - FEE SCHEDULE City of Baytown - Goose ' Creek Hike and Bike Trail, Phase IV Civil Systems Engineering Inc. Project Development Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 4 Project Manager 0 $35.00 $59.50 $11.34 $105.84 $0.00 $25.00 Design Engineer 0 $20.00 $34.00 $6.48 $60.48 $0,00 $18.70 Admin. Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 $1.62 $15.12 $0.00 Expenses Drainage Area U1SGlJ1J6t-aI:', 911fl-111 6 Mileage Delineation Principal 4 $40.00 $68.00 $12.96 $120.96 $483.84 Project Manager 16 $35.00 $59.50 $11.34 $105.84 $1,693.44 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin. Assistant 0 $11.00 $18.70 $3.56 $33.26 -$0.00 M-1'11R�-7.--' Z7307,061 )Basic Engineering Services Total $7,862.4 Paramters Estimation Hydrologic Modeling Hydraulic Modeling Bridge Scour Analysis Hydraulic Report Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 4 $35.00 $59.50 $11.34 $105.84 $423.36 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 CADD Technician 0 $11.00 $18.70 $3,56 $33.26 $0.00 Admin. Assistant 0 $5.00 $8.50 $1.62 $15.12 $0.00 Expenses U1SGlJ1J6t-aI:', 911fl-111 6 Mileage Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 16 $35.00 $59.50 $11.34 $105.84 $1,693.44 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 CADD Technician 0 $11.00 $18.70 $3.56• $33.26 $0.00 Admin. Assistant 0 $5.00 $8.50 $1.62 $15.12 $0.00 Expenses U1SGlJ1J6t-aI:', 911fl-111 Mileage Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 8 $35.00 $59.50 $11.34 $105.84 $846.72 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin, Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 $18.70 $3.56 $33.26 $0.00 Expenses Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 6 $35.00 $59.50 $11.34 $105.84 $635.04 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin. Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 $18.70 $3.56 $33.26 $0.00 Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 6 $35.00 $59.50 $11.34 $105.84 $635.04 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin. Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 Expenses Mileage $0.00 $0.00 Printing, copies $0.00 $0.00 Deliveries, postage Misc. supplies $0.00 WOO $0.00 $0.00 riS6btbfat'l--'f"]'�-�-1--�o,��IL-,..' 'Al- M-1'11R�-7.--' Z7307,061 )Basic Engineering Services Total $7,862.4 12/05/02 11:48 FAX 214 739 0108 HALFF ASSOC INC 4 HOUSTON t¢J001 TxDOT Form 1560 (Rev 04!2902) Previous Qdhions of this form may not be used. Page 1 of 2 Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the onorrina of vim. fie Conlrar shag obtain the mink u m ins == and endasenwrds spdcaned. Only Lure ThmOT cemlicata of fturere lotm Is acceptable w Woof of hwrwwm for dQpartment Contracts. Agents &" corrhplate the form pmvrdrng all requested information then either fax or mail !his form directly to ft address lstad on the bade orfhis form. Copies of ems bbd below am not requmed as attadvnaft to this mffiicote. Insured: Malff. Associates, Inc. StreetfMailing Address , 8616 Narthwe5t Plcaza Drive City/State/Zip: Dallas, TX 75225 _Phone Number. Area Code (214 ) 346 --6200 WORKERS' COMPENSATION INSURANCE COVERAGE: Fndnvead with a Waiver of Subrooation in favor of TxDOT. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Endorsed with TxMT as Additional Insured and With a Waiver of Subrogation in favor of TxDOT- Carrier Name: Ci±7A 610 ViCt Or 0. Sci i== Carrier Name: CNA Cagier Phone#: 301 -961 -9300 Address: %Victor 0: SChinn�er Two Wi scone , lip: Chevy CZase, i!1£? 1 Type of Insurance I Policy Number I Effective Pate Expiration Date Limits of Liebil' - Workers' Compmnsakirxh 202418118 7112 Z02 7 03 1 Not Mess Than: Statutory— Texas COMPREHENSIVE GENERAL LIABILITY INSURANCE: Endorsed with TxMT as Additional Insured and With a Waiver of Subrogation in favor of TxDOT- Carrier Name: Ci±7A 610 ViCt Or 0. Sci i== Carrier Phone # - 9 Address: Two Wisconsin n e CItY, State, Z1 p" r NO 212154 Type of Insurance: Policy Number. Effective Date: Expiration Date: Limits of Liablllty: Comprehensive General Umbrella policy 2025471230 1 7/]1/02 Not Less Than, t.i Bodily Insurance Injury 2026695404 7/12/02 7/12/03 S 500,000 each occurrence Property Damage S 100,000 each occurrence OR S 100,000 for aggregate Commercial General Uability Insurance OR $ 600,000 confined single limit COMPREHENSIVE AUTOMOBILE LIABILITY WSURANCE: Endorsed with Tx00T as Additional Insured and with a Waiver of Subrogation in favor of TxDOT. Cartier Name: C/o V=Imr ' Carrier Phone # Address: TWO W' ix arcle City, State, Zip: crone, MU 21264 Type of Insurance: Policy Number. Effective Date. Expiration Date: Lirnits of Liability: Comprehensive Automobile Umbrella policy 2025471230 1 7/]1/02 9/12/02 Lbsblrfty Insurance ORTex w 202547806 7/12/02 7/12/03 Not Less Than: 13usinsss Aummabite Policy S 250,000 each person 8WHy Injury 5 500,000 each occimnee Property carnage 3 100.D00 each occurrence UMBRELLA POLICY (if abollcablah Agency Name Address City, State Zip Code Bell. fiance 16980 Dallas ,�' , , Tx 75248 Area Gads ( 214 ) 561 -4800 7/26/02 Authorized Agent's Phonra Number Authorized Agent Original Signature Date This Cerdfleate of Insurance neither affirrnadvely nor negatively amends, a>aands. or afters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of rho insurance policies shell not be made until THIRTY DAYS AFTER trim agant or the 6nsurance company has sent written notice by certified mall to the Comrea r and the Texas Department of Tratsporration. THIS IS TO CERTIFY to the Texas Deparulterrt of Transportation arcing on behalf of the State of Texas that the Insurance policies named meet all the requirements stipulated and such polidea are in full face and afreu ff this form is sort by fvosunr7e mx,chine ftr), tha sender adapts the document tteatmd by TxWT as a duplicate adginal and adopts the signature pmcfurgd by the racohing Pax rnacnfne as the sendWs afglnsf signature. The Taxah: Department of Transportation maintidns Ihe'ehfonnabon collactad through this form- With few exceptions, you an- entitled on requeg to be ® kftrrned about the information that Vot Cotl= about you. Linder sections 552021 and SSE023 of the Tom Government Code, you also are enttled to reCdve and revie- the information- Under section 555.004 of the Government Code, you are also entitled to have us correct brrformstron about you that is incorrect Carrier Name: CM c/b Victor 0- Sc:,hi tier Carrier phone #.- 301-961-9800 Address: Two Wisconsin Circle City, State ,Zip. vY Ar - /-12bT Type of Insurance Polley Number. Effective Date: Expiration DM Limits of Liability: Umbrella policy 2025471230 1 7/]1/02 9/12/02 1 $5,000,00 Agency Name Address City, State Zip Code Bell. fiance 16980 Dallas ,�' , , Tx 75248 Area Gads ( 214 ) 561 -4800 7/26/02 Authorized Agent's Phonra Number Authorized Agent Original Signature Date This Cerdfleate of Insurance neither affirrnadvely nor negatively amends, a>aands. or afters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of rho insurance policies shell not be made until THIRTY DAYS AFTER trim agant or the 6nsurance company has sent written notice by certified mall to the Comrea r and the Texas Department of Tratsporration. THIS IS TO CERTIFY to the Texas Deparulterrt of Transportation arcing on behalf of the State of Texas that the Insurance policies named meet all the requirements stipulated and such polidea are in full face and afreu ff this form is sort by fvosunr7e mx,chine ftr), tha sender adapts the document tteatmd by TxWT as a duplicate adginal and adopts the signature pmcfurgd by the racohing Pax rnacnfne as the sendWs afglnsf signature. The Taxah: Department of Transportation maintidns Ihe'ehfonnabon collactad through this form- With few exceptions, you an- entitled on requeg to be ® kftrrned about the information that Vot Cotl= about you. Linder sections 552021 and SSE023 of the Tom Government Code, you also are enttled to reCdve and revie- the information- Under section 555.004 of the Government Code, you are also entitled to have us correct brrformstron about you that is incorrect ATTACHMENT X ® Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signa re Vice President Title Halff Associates Inc Agency � Z S /2Zo 0 ® Date SDHFT 4 -90 LOBCERT.ATT ATTACHMENT J CIVIL RIGHTS COMPLIANCE During the performance of this contract, Halff Associates, Inc., for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer "), agrees as follows: (1) Compliance with Regulations: The Engineer shall comply with the Regulations relative to nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of thin contract. (2) Nondiscrimination: The Engineer, with regard to the work performed by him during the contract, shall not discriminate on the grounds of race, color, sex, or national-origin in the selection and retention of subcontractors; including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements 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 procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources 'of information, and his facilities as may be determined by the Texas Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such 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 shall so certify to the Texas Department of Transportation or the Federal Highway Administration, as appropriate, and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. 4/96 CIVRIGHT.ATT.DOC ATTACHMENT K CHILD SUPPORT STATEMENT 9 FOR NEGOTIATED CONTRACTS AND GRANTS Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is eligible 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. List below the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid or application. Section 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state - funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601 -617 and 651 -669). GSD, 10 -95 CHSUP_95.AiT 0 • CCO -16 Form CCO -16 Debarment DEBARMENT CERTIFICATION (5/2001) ARCHITECTURAL, ENGINEERING AND SURVEYING Page 1 of 1 ( "PROVIDER ") CONTRACTS (1) The PROVIDER certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency: (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public' transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity' with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions" terminated for cause or default. (e) Have not been disciplined or issued a formal reprimand by any State agency for professional accreditation within the past three years. (2) Where the PROVIDER is unable to certify to any of the statements in this certification, such PROVIDER shall attach an explanation to this certification. 'federal, state or local Halff Associates, Inc. Name of Firm F Stwur of rti g Official Vice President Title o,[5 Date CCO -17 form CCO -17 LCNACf'r70r . = �~ LOWER TIER PARTIClQANT DEBARMENT CERilFICATI�N p� 1�ljop 1j (MWHiTEGTt IRAL, ENG]Nr= ~RING AND SURVEYING CONTRACTS) XT•+•.�ai. 7.w This ecrfficaUun i-, to be used by providers pursuant to 49CFR29 when any of the following occur. 0 any tr ar, ;ouuan trctwaian the provider and a subprovider (other than a procurement contract for goods and ser iccs), ro(jordless of typa, under a primary covered transaction. • Any procurement contraot for goods or services when the estimated cost is $25,000 or more o Any pr-owion rent contract for goods or services between a provider and a subprovider, regardless of the amount, under which ttte subprovider wig havo a critical influence on or substantive control over that covered transaction. Such subpruvidc:rs Irclude principal investigators and providers of federally required audit services. A °procurement trf:nssclion' is the prowss of acquiring goods and services. A 'nonprocurcmei it iransection' is the granting of financial assistance to entities to assist in meeting objectives that urc der and subprovider. rlutu•*y b.r ^tiGial to the prow A calif, of ti)l+ ccrtificatton Is to be furnished to authorized representatives of the Stato Or the U.S. Department of Transportation upon request. being duly sworn or under penalty. of W.M-1 Of SW),0r0'vid%-r IiCprcyontat:VO� V,rjury u,',il'r thv la%'w; of the United States, cor'tifres that norther _ _ HVJ Associates, lnc. Name of Firm tsar IIt. l!iatc ;y; :•.s are preser+tly dc'zarrcd, cutpo,:ded, proposed for debarment e Ineligible a voluriwrtlyr excluded feonm psrdcipation In this transaction by any federal department or agency yGhoia i<,c obove idantiFicd strbp.rovider is unable to certify to any of the above statements in this cerlific.t'_ion, such prospective sublrovider shall indicate below to whom the exception applies, the ittiftlE:13t} opc`frcy, i nd (tales oloction, Except €,j►', a will riot t r cei;s. rily result in denial of award but will be considered in determining contractor revi onsilzility. Providing falso tnfonnation may result In criminal prosecution or adminlstrative sanctions. Signature or Ce i ubprovtiler ftepresentativa Vice President Tittle December 5, 2002 Data of Cortification CCO -t 7 Form CCO -17 Low/2001) LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (5/2001) Page 1 of 1 (ARCHITECTURAL, ENGINEERING AND SURVEYING CONTRACTS) oI TI�"Ipolbfloft This certification is to be used by providers pursuant to 49CFR29 when any of the following occur: • any transaction between the provider and a subprovider (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction. • Any procurement contract for goods or services when the estimated cost is $25,000 or more • Any procurement contract for goods or services between a provider and a subprovider, regardless of the amount, under which the subprovider will have a critical influence on or substantive control over that covered transaction. Such subproviders include principal investigators and providers of federally required audit services. A "procurement transaction" is the process of acquiring goods and services. A °nonprocurement transaction" is the granting of financial assistance to entities to assist in meeting objectives that are mutually beneficial to the provider and subprovider. A copy of this certification is to be furnished to authorized representatives of the State Or the U.S. Department of Transportation upon request. Deren Li , being duly sworn or under penalty of Name of Subprovider Representative perjury under the laws of the United States, certifies that neither ri vi 1 5yst Pms Fng; veering Name of Firm nor its principals are presently • debarred, suspended, proposed for debarment • declared ineligible • voluntarily excluded from participation in this transaction by any federal department or agency Where the above -kk" ified subprovider is unable to certify to any of the above statements in this cer ificatlIM such prospective subprovider shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Exceptions: Q� i Signature of Certifying Subprovider Representative jr-e s,'dz'21f- Title l - A,s /d Date of Certification CM : CSJ: 0912-71-697 STATE OF TEXAS § COUNTY OF HARRIS § THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Baytown, hereinafter called City, and Halff Associates, Inc., having its principal business address at 3701 Kirby Drive,Suite 1290,Houston,Texas 77098,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 professional services of engineers; and WHEREAS, 43 TAC §9.30-9.41 establishes the department's policies and procedures for contracting for engineering services; and WHEREAS, the City desires to contract for engineering services described as follows: Prepare Plans Specifications,Estimates and Construction Phase services for the proposed Pedestrian and Bicycle Trail (Hike and Bike Trail) along Goose Creek Stream—Phase IV in Baytown, Texas (the "Project"). AGREEMENT NOW,THEREFORE,the City and the Engineer,in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the contract as identified in Attachment A-Services to be Provided by the City,attached hereto and made a part of this contract. 1 of 16 4/96 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the contract as identified in Attachment B -Services to be Provided by the Engineer, attached hereto and made a part of this engineering contract. ARTICLE 3 CONTRACT PERIOD After execution of this contract,the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This contract shall terminate upon completion of the Construction Phase Services and final acceptance of the same by the City or otherwise terminated as provided in Article 19-Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this contract. The lump sum amount payable under this contract without modification of the contract is: $174,544.83 for engineering and surveying services,$14,763.00 for environmental services(DBE), $15,134.00 for geotechnical services (DBE), and$ 7,862.40 for hydrologic and hydraulic services (DBE), totaling$212,304.23 as shown in Attachment D—Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City and TxDOT,no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period 2 of 16 4/96 and to date,and one original and one copy of a certified invoice. The submittal shall also include the progress assessment report,identified as Attachment H-2,if applicable. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D— Fee Schedule. Upon receipt and approval of each statement by both the City and TxDOT,the City shall make a good faith effort to pay amount which is due and payable within (30) days. Payment later than 30 days shall include interest at 1 percent per month or lesser maximum enforceable interest rate,from 30 days after the City receives the TxDOT approved invoice. Such interest is due and payable when the overdue payment is made. The City shall reserve the right to withhold payment without interest accruing pending verification of satisfactory work performed. The Engineer must submit adequate proof to TxDOT and the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B—Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall,from time to time during the progress of the work,confer with the City and TxDOT. The Engineer shall prepare and present such information as may be pertinent and necessary,or as may be requested by the City or TxDOT,in order to evaluate features of the work. At the request of the City or TxDOT or the Engineer,conferences shall be provided at the Engineer's office, the office of the City or TxDOT, 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. If state or federal funds are to be used on this contract,the work will be subject to periodic review by the State and the U.S. Department of Transportation. Should the City determine that the progress in production of work does not satisfy the Work Schedule,the City shall review the work schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: 3 of 16 4/96 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of 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, State or federal assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work,but not terminate the contract,this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty-day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty(60)days of receipt of written notice from the City to resume the work. The sixty-day notice may be waived in writing by both parties. If the City suspends the work,the contract period as determined in Article 3 is not affected and the contract will terminate on the date specified unless the contract is amended. The City assumes 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 subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work,it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution,by both parties, of a supplemental agreement. To the extent not included in the scope of services identified in Attachment B, the following services can be provided as an additional service to the contract, should they be required: hydraulic analyses of existing drainage structures affected by the proposed trail,environmental investigation and assessments,geotechnical investigation, wetland delineation report, right of way acquisition, including surveys, sketches abstracting and metes and bounds descriptions,landscaping such as lighting and aesthetic features. 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 of the work authorized in this contract or as amended. 4 of 16 4/96 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract,the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9-Additional Work. The Engineer shall make such revisions to the work authorized in this contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this contract maybe modified by supplemental agreement if the City determines that there has been a significant change in(1)the scope,complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment without interest accruing pending verification of satisfactory work performed. ARTICLE 12 PUBLIC INFORMATION ACT All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this contract. 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. Release of information shall be in conformance with the Texas Public Information Act. It is expressly understood by the parties hereto that the City may use the documents created or collected under the terms of this contract for any purposes which the City sees fit,including,but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the City's use of these documents, the City hereby expressly agrees to remove the Engineer's name and all references to the Engineer and its consultants from the Documents. The City hereby releases any and all claims which the City could make arising out of or in connection with any 5 of 16 4/96 reuse of the documents by the City. This release of claims for the matters covered in this paragraph shall be for the benefit of the Engineer, its officers, and employees, as well as their successors and assigns. ARTICLE 13 PERSONNEL,EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain,at its own expense,quarters for the performance of all services,and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who,in the opinion of the City, is incompetent,or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Engineer may not change the Project Manager without prior written consent of the City. ARTICLE 14 BUY TEXAS The Engineer shall buy Texas products and materials for use in providing the services authorized in this contract when said products and materials are available at a comparable price and in a comparable period of time. When requested by the City, the Engineer shall furnish documentation of said purchases or a description of good faith efforts to do so. ARTICLE 15 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this contract without prior written approval from the City. All subcontracts shall include the provisions required in this contract and shall be approved as to form,in writing,by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this contract. 6 of 16 4/96 ARTICLE 16 EVALUATION OF WORK The City, State of Texas and, when federal funds are involved, the U.S. Department of Transportation (USDOT) and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 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 City, State or USDOT representatives in the performance of their duties. ARTICLE 17 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 18 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of the contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. 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. ARTIC LE 19 TERMINATION The contract may be terminated before the stated termination date by any of the following conditions: (1) By mutual agreement and consent in writing of 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 and not subject to the mutual consent of the Engineer upon not less than thirty(30) days written notice to the Engineer; or 7 of 16 4/96 (5) By satisfactory completion of all services and obligations described herein. 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 (4) of the paragraph identified above, the Engineer shall cease work immediately upon receipt of the termination notice and no additional amount may be charged during the thirty(30) day notice period. 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 actual costs incurred by the Engineer in performing the work to the date of default,the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. If the 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. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this contract. ARTICLE 20 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,and licensing laws and regulations. When required,the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 21 INDEMNIFICATION THE ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER, WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO AS THE 8 of 16 4/96 "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF THE ENGINEER OR THE ENGINEER'S EMPLOYEES (HEREINAFTER, WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO AS THE "ENGINEER"). IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF THE ENGINEER, SUCH INDEMNITY SHALL APPLY (I) TO THE FULLEST EXTENT ALLOWED BY LAW AND (II) TO THE EXTENT ALLOWED REGARDLESS OF WHETHER THE CLAIMS,LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE(I) IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OR (II) IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE ENGINEER. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO,BOTH THE ENGINEER AND THE CITY,THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE ENGINEER TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE TO THE EXTENT ALLOWED BY LAW, WHERE THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY OR DEATH OF THE ENGINEER AND/OR (II) THE ENGINEER'S JOINT AND/OR SOLE NEGLIGENCE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY,DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN THE ENGINEER THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE ENGINEER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY AND THE ENGINEER. The indemnity provided hereinabove shall survive the termination and/or expiration of this Agreement. The Engineer assumes full responsibility for its work performed hereunder and hereby releases,relinquishes and discharges the City,its officers,agents,and employees from all claims,demands,and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by or alleged to be caused by,arising out of,or in connection with the Engineer's work to 9 of 16 4/96 be performed hereunder. This release shall apply with respect to the Engineer's work regardless of whether said claims,demands,and causes of action are covered in whole or in part by insurance. The protections afforded to the City in this Article 21 shall control and supersede any apportionment of liability or release of liability contained elsewhere in this Agreement. ARTICLE 22 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City and all decisions shall be in accordance with TxDOT's "Errors or Omissions Policy" in accordance with 43 TAC §9.38(e). The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities. ARTICLE 23 ENGINEER'S 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 State Board of Registration for Professional Engineers. ARTICLE 24 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, 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. 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 25 INSURANCE 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 10of16 4/96 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. 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. 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: $1,000,000 Products &Completed Operations: $1,000,000 Personal &Advertising Injury: $1,000,000 Per Occurrence: $500,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy(BAP) Combined Single Limits: $500,000 a. Coverage for"Any Auto." Workers' Compensation Insurance Statutory Limits Employer's Liability$500,000 Waiver of Subrogation required Errors & Omissions (E&O) Limit: $500,000 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. Upon execution of this contract,the 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. 11 of 16 4/96 The following are general requirements applicable to all policies: a. AM Best Rating of A:VII or better. b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. c. Liability policies will be on occurrence form. E & 0 can be on claims-made form. d. City of Baytown, its officials and employees are to be added as Additional Insured to liability policies. e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and/or certificates of insurance shall be furnished to City of Baytown's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to City of Baytown's representative prior to execution of this agreement. f. Upon request of and without cost to City of Baytown,loss runs(claims listing)of any and/or all insurance coverage shall be furnished to City of Baytown's representative. Additionally, the Engineer shall furnish the City a properly completed Certificate of Insurance (Texas Department of Transportation Form 20.102) approved by the City prior to beginning work under this contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 26 GRATUITIES Any person doing business with or who may reasonably speaking do business with the City or State under this contract may not make any offer of benefits, gifts or favors to departmental employees, except ordinary business lunches and items that have received the advance written approval of the Texas Department of Transportation Executive Director. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 27 DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENT The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 15 percent of the value of this contract to Disadvantaged Business Enterprises. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code, and will comply with them. 12 of 16 4/96 ARTICLE 28 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four(4) years from the date of final payment under this contract or until pending litigation has been completely and fully resolved,whichever occurs last. The City, State or any of its duly authorized representatives,the Federal Highway Administration,the U.S.Department of Transportation Office of Inspector General and the Comptroller General shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 29 PAYMENT OF FRANCHISE TAX Pursuant to the Business Corporation Act,Texas Civil Statutes,Article 2.45 which prohibit the City from awarding a contract to a corporation that is delinquent in paying taxes under Tax Code, Chapter 171, the Engineer hereby certifies that he/she is not delinquent in its Texas franchise tax payments, or that it is exempt from, or not subject to, such a tax. A false statement concerning corporation's franchise tax status shall constitute grounds for termination of the contract at the sole option of the City. ARTICLE 30 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 31 LOBBYING CERTIFICATION The Engineer shall comply with "Lobbying Certification\Disclosure Form" in federal aid contracts in excess of$100,000 or subcontracts in excess of$50,000, identified as Attachment I, if applicable. 13 of 16 4/96 ARTICLE 32 CIVIL RIGHTS COMPLIANCE The Engineer shall comply with the regulations of the Department of Transportation (49 C.F.R. Part 21 and 23 C.F.R. §710.405) as they relate to nondiscrimination; also,Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 C.F.R. Part 60). See Civil Rights Compliance," attached hereto and identified as Attachment J. ARTICLE 33 PATENT RIGHTS AND COPYRIGHTS Not Applicable. ARTICLE 34 PROPERTY MANAGEMENT AND PROCUREMENT STANDARDS The Engineer agrees to comply with the property management standards specified in OMB Circular A-102 and 49 C.F.R. §18.36,in its control,use and disposition of property and equipment governed by those standards. The Engineer agrees to comply with the procurement standards specified in OMB Circular A-102 and 49 C.F.R. §18.32, in its procurement of property and equipment governed by those standards. ARTICLE 35 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange,"if determined by the City to be applicable to this contract and if so stated in Attachment B and attached hereto. ARTICLE 36 CHILD SUPPORT STATEMENT Under Section 231.006 of the Family Code, the Engineer certifies that the individuals or business entity named in this contract is eligible to receive the specified grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. The Engineer further acknowledges that he or she has read Attachment K and has provided the names and social security numbers required therein. 14 of 16 4/96 ARTICLE 37 DISPUTES 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 this contract's work. Any disputes concerning the work hereunder or additional costs,or any non-procurement issues shall be settled in accordance with Title 43, Texas Administrative Code, §1.68. ARTICLE 38 SUCCESSORS AND ASSIGNS The Engineer, and the City, do 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 39 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 40 PRIOR CONTRACT SUPERSEDED This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 41 NOTICES All notices to either party by the other required under this contract shall be personally delivered or mailed to such party at the following respective address: CITY ENGINEER City of Baytown Halff Associates, Inc. 2401 Market Street 3701 Kirby Dr., Suite 1290 Baytown, Texas Houston, Texas 77098-3926 Attn: Gary Jackson Attn: Raul E. Wong, P.E. 15 of 16 4/96 ARTICLE 42 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory 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. The above- stated representations and warranties are made for the purpose of inducing the City to enter into this contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. OF t YTO HALFF ASSOCIATES,INC. THE ENGINEER By: �� i �/. Gary Jacks--n City Man- :e By: a Raul . Wong, P.E. Date Printed Name Vice President Title !rt/S126'a7i Date LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule(Not Applicable) Attachment D - Fee Schedule Attachment E - Work Authorizations (Not Applicable) Attachment F - Supplemental Work Authorizations (Not Applicable) Attachment G - Certificate of Insurance Attachment H - Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements (Not Applicable) Attachment I - Lobbying Certification/Disclosure Form(Not Applicable) Attachment J - Civil Rights Compliance Attachment K - Child Support Statement 16 of 16 4/96 ATTACHMENT A Services Provided by the City City of Baytown, Texas Harris County CSJ: 0912-71-697 VA: Goose Creek Hike and Bike Trail—Phase IV From West Texas Avenue to Garth Road in Baytown I. Input and Guidance A. Periodically during the Project, as reasonably requested by the Engineer, the City is to provide input and guidance to the Engineer. The City will also make all necessary optional choices on project elements developed as part of final Project Design. II. Existing Construction Plans and Surveys A. As reasonably requested by the Engineer, the City will provide access to existing plans, surveys, electronic design files, data, etc. related to the Project. III. Liaison with TxDOT A. The City shall submit the Engineer's completed plans to the State for review and approval. 1 ATTACHMENT B Services Provided by the Engineer Halff Associates, Inc. Harris County CSJ: 0912-71-697 VA: Goose Creek Hike and Bike Trail—Phase IV From West Texas Avenue to Garth Road in Baytown Project Development A. Develop project planning and organization. B. Provide supervision and coordination. C. Provide planning and control to include quality management. D. Provide general management and administrative functions. II. Data Collection,Review &Evaluation A. Assemble base data and reports. 1. Obtain necessary plans,reports, and data from TxDOT, City of Baytown, and other applicable agencies. 2. Obtain such other information as may be applicable. B. Conduct field reconnaissance. C. Initiate investigations as required. 1. Arrange for field survey. D. Review and evaluate all data provided by TxDOT and other agencies. E. Review and evaluate results of field survey information. F. Review applicable design criteria. III. Surveying A. Field Survey 1. Establish project baseline on the ground for limits of project and tie to TxDOT control points. The project baseline must be coincidental with, or parallel to, the stationed "Design Centerline". Locate existing baseline control points of P.C.'s, P.I.'s, and P.T.'s of horizontal curves and at 1,000 feet maximum. 2. Perform supplemental topographic survey as required to update project 1 information. 3. Perform topographic survey and obtain cross sections of existing public cross street intersections. Cross section at 50 feet and 100 feet from proposed right of way line. 4. Obtain existing ground cross sections, every 100 feet. 5. Provide additional field surveying to include: a. Existing crossroad and side road drainage structures. b. Profiles of existing drainage facilities. c. Above ground and below ground utilities (both public and private). 6. Field tie to the project baseline all existing utilities (underground and over head) within the existing and proposed right of way for the limits of the project. Tie of utilities to the project baseline will be performed by the surveyor by station, offset, and elevation. 7. Provide office computations and drafting as needed in support of the above services. 8. Document all field work and submit field data to City, if required. IV. Design Plans A. Pedestrian and Bicycle Trail Plans 1. Plot existing topographic features. 2. Plot all existing utilities in plan and profile,including those which are in conflict with the proposed construction. 3. Prepare plans to avoid utility adjustments where possible. 4. Determine the horizontal and vertical alignment of the bikeway. 5. Prepare schematic layout of the bikeway showing the existing and proposed right of way lines and the existing and proposed centerline alignment of the route along with typical sections. 6. Develop the design plan and profiles in accordance with TxDOT and AASHTO Bicycle Facility Guidelines and with applicable Americans with Disabilities Act Guidelines. 7. Develop the grading design to include: a. Typical sections b. Design cross sections 8. Incorporate the pavement design as developed by TxDOT, if required. 9. Develop plan details as necessary to supplement any standard sheets. 10. The engineer will investigate the impact that the proposed bikeway will have on adjacent trees and recommend measures to protect any affected trees. B. Drainage 1. Provide hydraulic design, documentation and computation. a. Prepare hydraulic computations for culverts,bridge waterways and channel. b. Prepare a cross drainage culvert hydrology sheet consisting of the proposed drainage area map (with D.A. in acres), hydraulic calculations for cross drainage culverts. 2. Provide layout, structural design, and detailing of drainage features. 3. Prepare the Storm Water Pollution Prevention plans. The plans will indicate the control devices required to reduce the pollutants in storm water discharges associated with the construction site. a. Incorporate drawings, details, and modify as necessary, and quantities into 2 the PS&E. 4. The engineer shall perform the Hydraulic Impact Analysis for the proposed bikeway improvements. a. If necessary, the engineer shall perform a mitigation analysis should the proposed improvements adversely impact the 100-year flood levels along the watercourse. b. If necessary, the engineer shall identify alternative solutions to alleviate any adverse impacts to the flood levels with the project. Both channel modifications and detention options should be considered for the project. C. Special Utility Details 1. Determine the extent and nature of any conflicts between existing utilities and the proposed improvements. 2. Evaluate any utility conflicts and determine the appropriate adjustments and approximate cost. 3. Coordinate as necessary. 4. Prepare drawings for any utility agreements in accordance with TxDOT guidelines and submit to City. a. Reproducible drawings for major crossings, 11"x17", and title sheet for each utility adjustment. b. Drawing will include the following: 1. Existing and proposed right of way drawings. 2. Existing and proposed bikeways. 3. Existing and proposed storm sewers. 4. Underground utility in plan and profile. 5. Limits of existing conflicts. 6. Owner of utility. 7. Benchmark data. c. Copies of correspondence with utility companies. d. If contact was made by phone,provide name of company and representative's name and telephone number. e. Prepare detailed list of all conflicts with existing utilities after preliminary design of storm sewer design and preparation of bridge layouts. List must include the following: 1. Highway station number. 2. Name of utility company and type of facility. 3. Proposed highway facility—the conflict with: storm sewer, bikeway, drainage ditch, drillshaft,etc. D. Signing,Markings, &Signalization 1. Determine location and type of warning signs,regulatory signs, and guide signs according to criteria furnished by TxDOT Manual on Uniform Traffic Control Devices (MUTCD), and AASHTO Bikeway Guidelines, and prepare signing plans and details. 2. Prepare plans and details for all required pavement markings and delineation. 3. Prepare plans and details of safety lighting and traffic signals at each Signalized intersection. a. Coordinate with Houston District. 4. Bikeway Illumination (if applicable) a. Permanent field lighting is not required for this project. 3 5. Geotechnical a. Perform soil borings per TxDOT guidelines. The define soil boring are as follows: 2 -75 foot borings at the proposed pedestrian bridge and 2 - 25 foot borings at the proposed culvert crossing. b. Perform any geotechnical design analysis required for bridge or earth fill. 6. Environmental—Categorical Exclusion (CE) a. Prepare a CE document addressing the proposed improvement. b. The report will be prepared to provide environmental documentation according to the TxDOT procedures obtained from the TxDOT Operations and Procedures Manual. E. Bridge Layouts and Structural Details 1. Prepare bridge layout for the proposed pedestrian bridge across a natural drainage swale located approximately 300 feet north of Goose Creek. 2. The Engineer shall make final design calculations and final detail drawings in accordance with standard requirements of the TxDOT. All bridge design shall be in conformance with the Texas Department of Transportation Division of Bridges and Structures Operation and Planning Manual, the current American Association of State Highway and Transportation Officials, Standard Specification for Highway Bridges, including applicable interim specifications, and the Division of Bridges and Structures, Foundation Exploration and Design Manual. 3. Conduct a detailed hydrologic and hydraulic analysis a. Preparation of drainage area map. b. Estimation of physical and runoff parameters of drainage areas. c. HEC-1 or HEC-HMS hydrologic modeling. d. HEC-2 or HEC-RAS hydraulic modeling. e. Bridge scours analysis for southern pedestrian bridge. f. Preparation of hydraulic report V. Construction Documents A. Construction Drawings 1. Develop the project index of drawings. 2. Draft the final drawings. B. General Notes, Specifications, & Standard Drawings 1. Develop required general notes and special provisions. 2. Prepare any additional special provisions and special specifications—in the TxDOT format—that may be required. Prepare Special Provision "Description of Project and Sequence of Work". 3. Prepare general notes, specifications and estimate on a 3.5-inch diskette in accordance with the requirements under Section X—Document and Information Exchange. 4. TxDOT will approve the standard TxDOT drawings applicable to the project. The engineer will modify the drawings (if required). 5. All drawings shall use the standard TxDOT signature block and title sheet. 6. All drawings for the project shall be submitted on Sheets that are 11 inches by 17 inches. 4 C. Quantities and Cost Estimates 1. Prepare list of construction bid items. 2. Where applicable, obtain quantity input data from TxDOT. 3. Compute estimated quantities for all bid items. 4. Develop basis of estimate. 5. Compute estimated cost of construction work bases on current unit prices and estimated quantities. 6. Prepare Estimate of Quantity Sheets showing a separate breakdown of quantities for any local participation that may be involved. D. Estimate Construction Time Schedule 1. Prepare an estimate for the time required to construct the project in accordance with TxDOT Administrative Circular No. 17-93. E. Prepare PS &E package complete and suitable for bidding and award of a construction contract. VI. Reviews and Approvals A. Review project performance on a periodic basis including both in-house requirements and those established by TxDOT. 1. Submit monthly progress reports to City. B. Obtain regulatory agency approvals as required. C. The engineer will address all TxDOT review comments submitted at each stage of the project. VII. Construction Phase Services A. Attend construction meetings 1. Participate in pre-construction kickoff meeting 2. Provide monthly Site Observation Reports to City. B. Review project field changes and submit as-built drawings for the City 5 ATTACHMENT "D" - FEE SCHEDULE City of Baytown Proposed Hike and Bike Trail - Phase IV Half Associates, Inc. Classification Estimated Direct Overhead Profit Total Total Hours Labor Rate(1.7) Rate(12.0%) Fee Project Development Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 30 $40.39 $68.66 $13.09 $122.14 $3,664.18 Design Engineer 16 $26.61 $45.24 $8.62 $80.47 $1,287.50 Admin.Assistant 4 $14.50 $24.65 $4.70 $43.85 $175.39 Subtotal 58 ;$6,243,53 Data Collection, Review and Evaluation Principal 4 $46.15 $78.46 $14.95 $139.56 $558.23 Project Manager 40 $40.39 $68.66 $13.09 $122.14 $4,885.57 Design Engineer 120 $26.61 $45.24 $8.62 $80.47 $9,656.24 Survey Manager 8 $40.39 $68.66 $13.09 $122.14 $977.11 Admin.Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 Subtotal 180 $16,427.94' Surveying Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 16 $40.39 $68.66 $13.09 $122.14 $1,954.23 Design Engineer 24 $26.61 $45.24 $8.62 $80.47 $1,931.25 Survey Manager 96 $40.39 $68.66 $13.09 $122.14 $11,725.38 Survey Crew(2 Man) 192 $30.36 $51.61 $9.84 $91.81 $17,627.26 CADD Technician 96 $17.55 $29.84 $5.69 $53.07 $5,094.84 Admin.Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 Design Plans Principal 10 $46.15 $78.46 $14.95 $139.56 $1,395.58 Project Manager 80 $40.39 $68.66 $13.09 $122.14 $9,771.15 Design Engineer 280 $26.61 $45.24 $8.62 $80.47 $22,531.22 Structural Engineer 60 $40.39 $68.66 $13.09 $122.14 $7,328.36 Survey Manager 8 $40.39 $68.66 $13.09 $122.14 $977.11 CADD Technician 640 $17.55 $29.84 $5.69 $53.07 $33,965.57 Admin.Assistant 20 $14.50 $24.65 $4.70 $43.85 $876.96 Construction Documents Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 20 $40.39 $68.66 $13.09 $122.14 $2,442.79 Design Engineer 80 $26.61 $45.24 $8.62 $80.47 $6,437.49 CADD Technician 0 $17.55 $29.84 $5.69 $53.07 $0.00 Admin.Assistant 8 $14.50 $24.65 $4.70 $43.85 $350.78 Subtotal 116 $10,347.52 Reviews and Approvals Principal 8 $46.15 $78.46 $14.95 $139.56 $1,116.46 Project Manager 24 $40.39 $68.66 $13.09 $122.14 $2,931.34 Design Engineer 80 $26.61 $45.24 $8.62 $80.47 $6,437.49 CADD Technician 16 $17.55 $29.84 $5.69 $53.07 $849.14 Admin.Assistant 24 $14.50 $24.65 $4.70 $43.85 $1,052.35 Construction Phase Services Principal 4 $46.15 $78.46 $14.95 $139.56 $558.23 Project Manager 40 $40.39 $68.66 $13.09 $122.14 $4,885.57 Design Engineer 25 $26.61 $45.24 $8.62 $80.47 $2,011.72 CADD Technician 40 $17.55 $29.84 $5.69 $53.07 $2,122.85 Admin.Assistant 12 $14.50 $24.65 $4.70 $43.85 $526.18 Subtotal 121 $10,104.54„ 12-.02 F.Sc.lu4 Attachment D: Expenses Travel $513.36 (24 trips @ 62 round-trip mi./trip @ 0.345/mi.) $513.36 Printing,copies $1,200.00 (Computer drawing plots, reproduction,faxes) $1,200.00 Deliveries, postage $675.00 (Lone Star shipping services, postal fees) $675.00 Subtotal $2,388.36 Basic Engineering Services Subtotal $174,544.83 Subconsultant: HVJ, Inc. (Environmental Services) $14,763.00 Subconsultant: HVJ, Inc. (Geotechnical Services) $15,134.00 Subconsultant: Civil Systems Engineering (H & H Services) $7,862.40 Total Hours I 2,165 Total Cost $212,304.23 12 0402...Ira.Dais ATTACHMENT "D" - FEE SCHEDULE City of Baytown Proposed Hike and Bike Trail Along Goose Creek Environmental Assessment-Categorical Exclusion HVJ Associates,Inc.-Job No.02-121EH-0(Revised November 18,2002) Project Development F >-' 4{ :;it::. :::y,,,tvs3o5o.•,,e:iift,.!Atrtifrmt.',-trtrit:szitrogtor:7: 1 , ::. - 41' Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Sen Proj Manager 1.0 $36.00 $59.40 $11.45 $106.85 $106.85 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 8.0 $23.80 $39.27 $7.57 $70.64 $565.11 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 1.0 $20.50 $33.83 $6.52 $60.84 $60 84 a ,it "$1,240.3 Data Collection,Review and Evaluation Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Sen Proj Manager 4.0 $36.00 $59.40 $11.45 $106.85 $427.39 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 26.0 $23.80 $39.27 $7.57 $70.64 $1,836.60 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 3.0 $20.50 $33.83 $6.52 $60.84 $182.53 Field Investigationi:it, and Surveys Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Sen Proj Manager 3.0 $36.00 $59.40 $11.45 $106.85 $320.54 Senior Envir Sci 2.0 $30.00 $49.50 $9.54 $89.04 $178.08 Staff Envir Sci 26.0 $23.80 $39.27 $7.57 $70.64 $1,836.60 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 Report Preparation(Draft) Principal 2.0 $50.00 $82.50 $15.90 $148.40 $296.80 Sen Proj Manager 4.0 $36.00 $59.40 $11.45 $106.85 $427.39 Senior Envir Sci 16.0 $30.00 $49.50 $9.54 $89.04 $1,424.64 Staff Envir Sci 36.0 $23.80 $39.27 $7.57 $70.64 $2,542.98 Clerk/Typist 7.0 $13.00 $21.45 $4.13 $38.58 $270.09 CAD Draftsperson 11.0 $20.50 $33.83 $6.52 $60.84 $669.28 Report Preparation(Final) Principal 1.0 $50.00 $82.50 $15.90 $148.40 $148.40 Sen Proj Manager 6.0 $36.00 $59.40 $11.45 $106.85 $641.09 Senior Envir Sci 4.0 $30.00 $49.50 $9.54 $89.04 $356.16 Staff Envir Sci 4.0 $23.80 $39.27 $7.57 $70.64 $282.55 Clerk/Typist 3.0 $13.00 $21.45 $4.13 $38.58 $115.75 CAD Draftsperson 1.0 $20.50 $33.83 $6.52 $60.84 $60.84 Attend Public Meetings Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Sen Proj Manager 0.0 $36.00 $59.40 $11.45 $106.85 $0.00 Senior Envir Sci 0.0 $30.00 $49.50 $9.54 $89.04 $0.00 Staff Envir Sci 0.0 $23.80 $39.27 $7.57 $70.64 $0.00 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 _ Expenses Film $42.91 Reproduction $180.00 Deliveries Air Photos 100.00 $100.00 Environmental Records $350.00 Travel $250.00 Subtotal $14,7631 I Total Hours I 182.0 Total Cost $14,763 11-26021NJ EmWo,,,enld Roressb ATTACHMENT D- FEE SCHEDULE Geotechnical Investigation Pedestrian Bridge Crossing for Goose Creek Hike and Bike Trail City of Baytown HVJ Job No.02-147GH-0(Revised November 26,2002) Project Development Classification Estimated Direct Overhead Profit Total Total Hours Labor 1.65 12% Fee Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Senior Engineer,P.E. 1.0 $48.90 $80.69 $15.55 $145.14 $145.14 Project Manager,P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 0.0 $21.90 $36.14 $6.96 $65.00 $0.00 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 Data Collection,Review and Evaluation Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer,P.E. 1.0 $48.90 $80.69 $15.55 $145.14 $145.14 Project Manager,P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 4.0 $21.90 $36.14 $6.96 $65.00 $260.00 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 2.0 $20.50 $33.83 $6.52 $60.84 $121.69 Field Investigation, and Surveys Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer,P.E. 0.0 $48.90 $80.69 $15.55 $145.14 $0.00 Project Manager,P.E. 0.0 $26.80 $44.22 $8.52 $79.54 $0.00 Engineer Associate 4.0 $21.90 $36.14 $6.96 $65.00 $260.00 Sr.Field Technician 30.0 $13.90 $22.94 $4.42 $41.26 $1,237.66 Field Technician 16.0 $12.40 $20.46 $3.94 $36.80 $588.85 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 Report Preparation(Draft) Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer,P.E. 5.0 $48.90 $80.69 $15.55 $145.14 $725.68 Project Manager,P.E. 8.0 $26.80 $44.22 $8.52 $79.54 $636.34 Engineer Associate 24.0 $21.90 $36.14 $6.96 $65.00 $1,559.98 Clerk/Typist 6.0 $13.00 $21.45 $4.13 $38.58 $231.50 CAD Draftsperson 6.0 $20.50 $33.83 $6.52 $60.84 $365.06 Report Preparation(Final) Principal 0.5 $50.00 $82.50 $15.90 $148.40 $74.20 Senior Engineer,P.E. 2.0 $48.90 $80.69 $15.55 $145.14 $290.27 Project Manager,P.E. 2.0 $26.80 $44.22 $8.52 $79.54 $159.08 Engineer Associate 6.0 $21.90 $36.14 $6.96 $65.00 $390.00 Clerk/Typist 2.0 $13.00 $21.45 $4.13 $38.58 $77.17 CAD Draftsperson 2.0 $20.50 $33.83 $6.52 $60.84 $121.69 Attend Public Meetings Principal 0.0 $50.00 $82.50 $15.90 $148.40 $0.00 Senior Engineer,P.E. 0.0 $48.90 $80.69 $15.55 $145.14 $0.00 Project Manager,P.E. 0.0 $26.80 $44.22 $8.52 $79.54 $0.00 Engineer Associate 0.0 $21.90 $36.14 $6.96 $65.00 $0.00 Clerk/Typist 0.0 $13.00 $21.45 $4.13 $38.58 $0.00 CAD Draftsperson 0.0 $20.50 $33.83 $6.52 $60.84 $0.00 Expenses Mobilization/Demobilization $350.00 ATV Surcharge $800.00 Site Clearance $2,000.00 Drilling and Sampling $2,800.00 Standard Laboratory Tests $1,000.00 Reproduction $175.00 Travel $150.00 ',Subtotal 0.0 tk. niti t} Subtotal $15,134 Total Hours I 128.0 Total Cost $15,134 I.2,02 HVJ Geoed„u ATTACHMENT "D" - FEE SCHEDULE City of Baytown -Goose Creek Hike and Bike Trail, Phase IV Civil Systems Engineering Inc. Project Development Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 0 $35.00 $59.50 $11.34 $105.84 $0.00 Design Engineer 0 $20.00 $34.00 $6.48 $60.48 $0.00 Admin.Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 Drainage Area Delineation Principal 4 $40.00 $68.00 $12.96 $120.96 $483.84 Project Manager 16 $35.00 $59.50 $11.34 $105.84 $1,693.44 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin.Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 Q i ',)i- 1 �r ' ., A ,- k ha .„ h ,.�x .::.� . .', a '„,' : Paramters Estimation Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 4 $35.00 $59.50 $11.34 $105.84 $423.36 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 CADD Technician 0 $11.00 $18.70 $3.56 $33.26 $0.00 Admin.Assistant 0 $5.00 $8.50 $1.62 $15.12 $0.00 Hydrologic Modeling Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 16 $35.00 $59.50 $11.34 $105.84 $1,693.44 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 CADD Technician 0 $11.00 $18.70 $3.56 $33.26 $0.00 Admin.Assistant 0 $5.00 $8.50 $1.62 $15.12 $0.00 Hydraulic Modeling Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 8 $35.00 $59.50 $11.34 $105.84 $846.72 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin.Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 Bridge Scour Analysis Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 6 $35.00 $59.50 $11.34 $105.84 $635.04 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin.Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 Hydraulic Report Principal 2 $40.00 $68.00 $12.96 $120.96 $241.92 Project Manager 6 $35.00 $59.50 $11.34 $105.84 $635.04 Design Engineer 0 $25.00 $42.50 $8.10 $75.60 $0.00 Admin.Assistant 0 $11.00 $18.70 $3.56 $33.26 $0.00 441m _V 7, T fit , : A ' Expenses Mileage $0.00 $0.00 Printing,copies $0.00 $0.00 Deliveries, postage $0.00 $0.00 Misc.supplies $0.00 $0.00 II Subtotal ,LL _ s ... _. $00 Basic Engineering Services Total $7,862.40 11.ZSM C01 SYSern Attachment 0 xis 12/05/02 11:48 FAX 214 739 0108 HALFF ASSOC INC -> HOUSTON 0 001 TxDOT Form 1560 (Rev 002002)Previous editions of this farm may not be used. Page 1 of 2 Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the beginning of work,the Contractor shall obtain the minimum insurance and endorsements s rs fled. Only the TxDOT cerificate of Insurance form Is acceptable as proof of insurance for department contracts.Agents should complete the form proving all requested information then either fax or mail this form directly to the address listed on the back of this form" Copies of endorsements listed below are not required as attachments to this certificate- Insured: Hal tf Associates, Inc. StreettMailing Address: 8616 Northwest Playa Drive City/State/Zip: Dal.1a°, TX 75225 _Phone Number: Area Code(2l4 } 346-6200 WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: CNA I Carrier Phone it 301-961-9800 Address: c/o Victor 0. Schinnerer Two Wisconsin eitiVaile,zip: Chevy" Chase, MD 21264 Type of insurance Polictr Number Effective Date Expiration Date Limits of Liability: Workers'Compensation 202418118 7/12/02 7/12/03 Not Less Than: Statutory—Texas COMPREHENSIVE GENERAL LIABILITY INSURANCE: Endorsed with TxDOT as Additional Insured and with a Waiver of Subroq lion in favor of TxDOT_ Carrier Name: CNA c/o Victor O. Schirmer Carrier Phone 301-961-9800 Address: T WiSC OnS n Circle City,State,Zip: Chevy C t-lase, NL 21264 Type of Insurance: Policy Number: Effective Date: Expiration Date; Limits of Liability: Comprehensive General Not Less Than; Liability Insurance 2026695404 7/12/02 7/12/03 Bodily Injury $500,000 each occurrence " Property Damage $100,000 each occurrence OR $100,000 for aggregate Commercial General OR Liability Insurance $600,000 combined single limit COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE: Endorsed with TxDOT as Additional insured and with a Waiver of Subrogation in favor of TxlOT. Garner Name: c/o Victor O, ez Carrier Phone# 3 1-961-98'00 Address; Two Wiscnri ni_Circle - City,State,zip: Chevy Chase, MD 21264 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas 202547806 '1/12/02 7/12/03 Not Less Than: Business Automobile Policy $250,000 each person Bodily Injury $500,000 each occurrence $100,000 each occurrence Property Damage UMBRELLA POLICY(if applicable): Carrier Narrie: Q . c/o Victor O. Schirmer Carrier Phone#: 301-961-9800 Address: Two Wisconsin Circle City,State,Zip: CneVY Chaser ' 04 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy 2025471230 1/12/02 9/12/02 $5,000,000 1 Agency Name Address • City, State Zip Code Bell Insurance Agency 16980 Dallas,P_, r..tj 1 jam._, .as, TX 75248 .. 214 j' r, �'' Area Code ( ) 581-4000 7/26/02 Authorized Agent's Phone Number Authorized Agent Original Signature Date This Certificate of insurance neither affirmatively nor negatively amends,extends,or altars the coverage afforded by the above insurance policies issued by the named insurance company, Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the Insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THiS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect_ If this form is sent by facsimile machine(fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature, The Texas Department of Transportation maintains the information collected through this form. With few exceptions,you are entitled on request to be informed about the information that we collect about you. Under sections 552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information. Under section 559.004 of the Government Code.you are also entitled to have us correct information about you that is incorrect ATTACHMENT I Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Signa ur Jr L Vice President Title Halff Associates, Inc Agency /0/Z002 Date SDHPT 4-90 LOBCERT.ATT ATTACHMENT J CIVIL RIGHTS COMPLIANCE During the performance of this contract, Half Associates. Inc., for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer"),agrees as follows: (1) Compliance with Regulations: The Engineer shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation,Title 49, Code of Federal Regulations, Part 21, and Title 23,Code of Federal Regulations,Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Engineer,with regard to the work performed by him during the contract,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts.Including Procurements 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 procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color, sex,or national origin. (4) Information and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by the Texas Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such 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 shall so certify to the Texas Department of Transportation or the Federal Highway Administration,as appropriate,and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract,the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including,but not limited to: (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation,termination, or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs(1)through(6)in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided,however,that in the event an engineer becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the Engineer may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State;and,in addition,the Engineer may request the United States to enter into such litigation to protect the interests of the United States. 4/96 CIVRIGHT.ATT.DOC ATTACHMENT K CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is eligible 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. List below the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid or application. None Section 231.006, FamilyCode, specifies p ies that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601-617 and 651-669). GSD, 10-95 CHSUP_95.ATT CCO-16 Form CCO-16 Debarment DEBARMENT CERTIFICATION (5/2001) j°Department ARCHITECTURAL, ENGINEERING AND SURVEYING Page 1 of 1 'T`a"=°°""`°" ("PROVIDER") CONTRACTS (1) The PROVIDER certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency: (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public*transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity*with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions*terminated for cause or default. (e) Have not been disciplined or issued a formal reprimand by any State agency for professional accreditation within the past three years. (2) Where the PROVIDER is unable to certify to any of the statements in this certification, such PROVIDER shall attach an explanation to this certification. *federal, state or local Halff Associates, Inc. Name of Firm elgntur of rtifying fficial Vice President Title (Z Sizvuz Date Form CGO-17 Lower Tier CCO-17 •::-:M:. LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION Pagel off1 (A}ICHiTECTt IRAL,ENGINEERING AND SURVEYING CONTRACTS) This rcr-Gi-,ciion is to be used by providers pursuant to 49CFR29 when any of the following occur: • :any trarr:4.), i,on between the provider and a subprovider(other than a procurement contract for goods and service:;), regardless of type, under a primary covered transaction. • • Any procurement contract for goods or services when the estimated cost is$25,000 or more o Any procurement Contract for goods or services between a provider and a subprovider, regardless of the amount, under which the subprovider wiii have a critical influence on or substantive control over that covered transaction. Such subproviders include principal investigators and providers of federally required audit services. A"procurement transaction'is the process of acquiring goods and services. A"nonprocurcinent transaction"is the granting of financial assistance to entities to assist in meeting objectives that cadet rriutuAlly bee.ficial to the provider and subprovider. A copy of ti ii;co-Lineation is to be furnished to authorized representatives of the State Or the V$. Department of Transportation upon request. Ell Ziotnik ,being duly sworn or under penalty of --C.;;;a 5uGpc o iid�r i�Cprc,ontat;vo pe iury u;,deyr tilt;lnotis of the Wilted States,certifies that neither HVJ Associates, Inc. Nano of Firm nor l€:.piincip is are presently • cie:?arred,ct:sf,citdcd, proposed for debarment • titi:Ciarett ihcligibte • voiuitzriiy excluded from)participation in this transaction by any federal department or agency Whet a tt.e,fthove identified subprovider is unable to certify to any of the above statements in this cedific.ittion,such prospective subprovider shall indicate below to whom the exception applies,the i► ;t4,tin j,^-galley,and dates cif action, Exception will riot ucce:;sv city result in denial of award but will be considered in determining contractor reoponsi.rifity.Providing false information may result In criminal prosecution or administrative sanctions. Signature of Ce fyi eubprovider Representative Vice President Title December 5,2002 1] to of 6-edification ""�' CCO-17 Form CCO-17 Lower Tier LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (5erTie Page 1 of 1 /2001) T°X°' (ARCHITECTURAL, ENGINEERING AND SURVEYING CONTRACTS)Department of Transportation This certification is to be used by providers pursuant to 49CFR29 when any of the following occur: • any transaction between the provider and a subprovider(other than a procurement contract for goods and services), regardless of type, under a primary covered transaction. • Any procurement contract for goods or services when the estimated cost is $25,000 or more • Any procurement contract for goods or services between a provider and a subprovider, regardless of the amount, under which the subprovider will have a critical influence on or substantive control over that covered transaction. Such subproviders include principal investigators and providers of federally required audit services. A"procurement transaction" is the process of acquiring goods and services. A "nonprocurement transaction" is the granting of financial assistance to entities to assist in meeting objectives that are mutually beneficial to the provider and subprovider. A copy of this certification is to be furnished to authorized representatives of the State Or the U.S. Department of Transportation upon request. Deren Li , being duly sworn or under penalty of Name of Subprovider Representative perjury under the laws of the United States, certifies that neither Civil Systems Engineering Name of Firm nor its principals are presently • debarred, suspended, proposed for debarment • declared ineligible • voluntarily excluded from participation in this transaction by any federal department or agency Where the above-identified subprovider is unable to certify to any of the above statements in this certification,such prospective subprovider shall indicate below to whom the exception applies,the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Exceptions: Signature of Certifying Subprovider Representative P. Title / Z u S--Ah L Date of Ce ification