R-2016-229 2016-12-19 RESOLUTION NO. R2016-229
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a contract with Tally
Landscape Architects, Inc., in the amount of $239,448.41, for professional
services associated with Shadow Creek Ranch Trail Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Tally Landscape
Architects, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and the
City Secretary to attest a contract with Tally Landscape Architects, Inc., for the
professional services associated with the Shadow Creek Ranch Trail Project.
PASSED, APPROVED and ADOPTED this the 19th day of December, A.D., 2016.
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TOM REID
MAYOR
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Resolution No. R2016-229
THE STATE OF TEXAS § Exhibit "A"
COUNTY OF TRAVIS §
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
Cost Plus Fixed Fee,
Unit Cost, Lump Sum, or Specified Rate
Specific Deliverable with Work Authorizations
THIS CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES is made by and between the City, 3519
Liberty Drive, Pearland, TX 77581, hereinafter called "City," and Talley Landscape Architects Inc., having its
principal business address at P.O. Box 211, Orchard, Texas 77464, hereinafter called "Landscape Architect" or
"Consultant", for the purpose of contracting for landscape architecture and engineering services.
WITNESSETH
WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides
for the procurement of landscape architecture and engineering services; and
WHEREAS, the City desires to contract for landscape architecture and engineering services generally described
as Shadow Creek Ranch Trail; and,
WHEREAS, the City has selected the Landscape Architect to provide the needed services and the Landscape
Architect has agreed to provide the services subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, the City and the Landscape Architect, in consideration of the mutual covenants and
agreements herein contained, do hereby mutually agree as follows.
AGREEMENT
ARTICLE 1. SCOPE OF SERVICES. The City and the Landscape Architect will furnish items and perform those
services for fulfillment of the contract as identified in Attachment B, Services to be Provided by the City and
Attachment C, Services to be Provided by the Landscape Architect. All services provided by the Landscape
Architect will conform to standard landscape architectural practices and applicable rules and regulations of the
Texas Landscape Architecture Practices Act and the rules of the Texas Board of Architectural Examiners.
ARTICLE 2. CONTRACT PERIOD. This contract becomes effective when fully executed by all parties hereto and
it shall terminate upon completion of all obligations by all parties unless the contract period is: (1) modified by
written supplemental agreement prior to the date of termination as set forth in Attachment A, General Provisions,
Article 6, Supplemental Agreements; (2) extended due to a work suspension as provided for in Attachment A,
Article 3, Paragraph C; or(3) otherwise terminated in accordance with Attachment A, General Provisions, Article
15, Termination. Any work performed or cost incurred before or after the contract period shall be ineligible for
reimbursement.
ARTICLE 3. COMPENSATION.
A. Maximum Amount Payable. The maximum amount payable under this contract without modification is
shown in Attachment E, Fee Schedule. Payment under this contract beyond the end of the current fiscal
biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
B. Basis of Payment. The basis of payment is identified in Attachment E, Fee Schedule. Reimbursement of
costs incurred under a work authorization shall be in accordance with Attachment E, Fee Schedule.
C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Landscape Architect's costs must
(1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment
E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation
(FAR 31). Satisfactory progress of work shall be maintained as a condition of payment.
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D. Landscape Architect Payment of Subproviders. No later than ten (10) days after receiving payment from
the City, the Landscape Architect shall pay all subproviders for work performed under a subcontract authorized
hereunder. The City may withhold all payments that have or may become due if the Landscape Architect fails to
comply with the ten-day payment requirement. The City may also suspend the work under this contract or any
work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and
this provision must be incorporated into all subcontracts.
ARTICLE 4. PAYMENT REQUIREMENTS
A. Monthly Billing Statements. The Landscape Architect shall request reimbursement of costs incurred by
submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The
Landscape Architect is authorized to submit requests for reimbursement no more frequently than monthly and no
later than ninety (90) days after costs are incurred.
B. Billing Statement. The billing statement shall show the total amount earned to the date of submission, and
the amount due and payable as of the date of the current billing statement. The billing statement shall indicate if
the work has been completed or if the billing is for partial completion of the work. The fixed fee will be paid in
proportion to the percentage of work completed per work authorization.
C. Overhead Rates. The Landscape Architect shall use the provisional overhead rate indicated in Attachment E.
If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the
revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains
unchanged for the entire contract period.
D. Thirty Day Payments. Upon receipt of a billing statement that complies with all invoice requirements set forth
in this Article, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30)
days.
E. Withholding Payments. The City reserves the right to withhold payment of the Landscape Architect's billing
statement in the event of any of the following: (1) If a dispute over the work or costs thereof is not resolved within
a thirty day period; (2) pending verification of satisfactory work performed; (3)the Landscape Architect becomes a
delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or(5)
the State Comptroller of Public Accounts will not issue a warrant to the Landscape Architect. In the event that
payment is withheld, the City shall notify the Landscape Architect and give a remedy that would allow the City to
release the payment.
F. Required Reports.
(1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business
Program Requirements, the Landscape Architect shall submit Progress Assessment Reports to report actual
payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall
be submitted with each billing statement and one copy shall be submitted to the address included in Attachment
H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements.
(2) Prior to contract closeout, the Landscape Architect shall submit a Final Report (Exhibit H-4)to the address set
forth in Attachment H.
(3) The Landscape Architect shall submit a separate report with each billing statement showing the percent
completion of the work accomplished during the billing period and the percent completion to date, and any
additional written report requested by the City to document the progress of the work.
G. Subproviders and Suppliers List. Pursuant to requirements of 43 Texas Administrative Code §9.350 et
seq., the Landscape Architect must provide the City a list(Exhibit H-5/DBE or Exhibit H-6/HUB) of all
Subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include
subproviders and suppliers names, addresses, telephone numbers, and type of work desired.
H. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant or initiating
an electronic funds transfer to the Landscape Architect because of a debt owed to the State, the State shall apply
all payment due the Landscape Architect to the debt or delinquent tax until the debt or delinquent tax is paid in
full.
I.Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state
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directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly
under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of
the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 5. WORK AUTHORIZATIONS. The City will issue work authorizations using the form included in
Attachment D (Work Authorizations and Supplemental Work Authorizations)to authorize all work under this
contract. The Landscape Architect must sign and return a work authorization within seven (7)working days after
receipt. Refusal to accept a work authorization may be grounds for termination of the contract. The City shall not
be responsible for actions by the Landscape Architect or any costs incurred by the Landscape Architect relating to
work not directly associated with or prior to the execution of a work authorization. Terms and conditions
governing the use of work authorizations are set forth in Attachment A, General Provisions, Article 1.
ARTICLE 6. SIGNATORY WARRANTY. The undersigned signatory for the Landscape Architect hereby
represents and warrants that he or she is an officer of the organization for which he or she has executed this
contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These
representations and warranties are made for the purpose of inducing the City to enter into this contract.
ARTICLE 7. All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses:
Landscape Architect: City:
Talley Landscape Architects, Inc. City of Pearland
P.O. Box 211 3519 Liberty Drive
Orchard, Texas 77464 Pearland, Texas 77581
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided
herein. Either party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments A through H are attached hereto and
incorporated into this contract as if fully set forth herein.
IN WITNESS WHEREOF, the City and the Landscape Architect have executed this contract in duplicate.
THE Landscape Architect THE C OF PEARLAND
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Attachments and Exhibits to Contract for Landscape Architecture and Engineering Services
Incorporated into the Contract by Reference
Attachments Title
A General Provisions
B Services to Be Provided by the City
C Services to Be Provided by the Landscape Architect
D Work Authorization and Supplemental Work Authorization
E Fee Schedule
F Work Schedule
G Computer Graphics Files for Document and Information Exchange, if applicable
H-FG Disadvantaged Business Enterprise (DBE)for Federal Funded Professional or
Technical Services Contracts—See Attachment H Instructions
H — FN Disadvantaged Business Enterprise (DBE)for Race-Neutral Professional or
Technical Services Contracts—See Attachment H Instructions
H —SG Historically Underutilized Business (HUB) Requirements for State Funded
Professional or Technical Services Contracts—State of Texas HUB.
Subcontracting plan required— See Attachment H Instructions
H —SN Historically Underutilized Business (HUB) Requirements for State Funded
Professional or Technical Services Contracts— No State of Texas HUB
Exhibits Title
H — 1 Subprovider Monitoring System Commitment Worksheet
H —2 Subprovider Monitoring System Commitment Agreement
H —3 Monthly Progress Assessment Report
H -4 Subprovider Monitoring System Final Report
H - 5 Federal Subproviders and Supplier Information
H -6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment
Report
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ATTACHMENT A
GENERAL PROVISIONS
INDEX TO PROVISIONS
Article Title
1 Work Authorizations
2 Progress
3 Suspension of Work
4 Additional Work
5 Changes in Work
6 Supplemental Agreements
7 Ownership of Data
8 Public Information
9 Personnel, Equipment and Material
10 License for TxDOT Logo Use N/A?
11 Subcontracting
12 Inspection of Work
13 Submission of Reports
14 Violation of Contract Terms
15 Termination
16 Compliance with Laws
17 Indemnification
18 Landscape Architect's Responsibility
19 Non-collusion
20 Insurance
21 Gratuities
22 DBE/HUB Requirements
23 Maintenance, Retention and Audit of Records
24 Nepotism Disclosure
25 Civil Rights Compliance
26 Patent Rights
27 Computer Graphics Files
28 Child Support Certification
29 Disputes
30 Successors and Assigns
31 Severability
32 Prior Contracts Superseded
33 Conflict of Interest
34 Office of Management and Budget (OMB) Audit
Requirements
35 Debarment Certifications
36 E-Verify Certification
37 Restrictions on Employment of Former State
Officer or Employee
38 Pertinent Non-Discrimination Authorities
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ATTACHMENT A
GENERAL PROVISIONS
ARTICLE 1. WORK AUTHORIZATIONS
A. Use. The Landscape Architect shall not begin any work until the City and the Landscape Architect have
signed a work authorization. Costs incurred by the Landscape Architect before a work authorization is fully
executed or after the completion date specified in the work authorization are not eligible for reimbursement. All
work must be completed on or before the completion date specified in the work authorization, and no work
authorization completion date shall extend beyond the contract period set forth in Article 2 of the contract
(Contract Period).
B. Contents. Each work authorization will include: (1)types of services to be performed; (2) a period of
performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a work
schedule with milestones; (5) a cost not to exceed amount, (6)the basis of payment whether cost plus fixed
fee, unit cost, lump sum, or specified rate; and (7) a work authorization budget calculated using fees set forth in
Attachment E, Fee Schedule. The Landscape Architect is not to include additional contract terms and
conditions in the work authorization. In the event of any conflicting terms and conditions between the work
authorization and the contract, the terms and conditions of the contract shall prevail and govern the work and
costs incurred.
C. Work Authorization Budget. A work authorization budget shall set forth in detail (1)the computation of the
estimated cost of the work as described in the work authorization, (2)the estimated time (hours/days) required
to complete the work at the hourly rates established in Attachment E, Fee Schedule; (3) a work plan that
includes a list of the work to be performed, (4) a stated maximum number of calendar days to complete the
work, and (5)a cost-not-to-exceed-amount or unit or lump sum cost and the total cost or price of the work
authorization. The City will not pay items of cost that are not included in or rates that exceed those approved
in Attachment E.
D. No Guaranteed Work. Work authorizations are issued at the discretion of the City. While it is the City's
intent to issue work authorizations hereunder, the Landscape Architect shall have no cause of action
conditioned upon the lack or number of work authorizations issued.
E. Incorporation into Contract. Each work authorization shall be signed by both parties and become a part
of the contract. No work authorization will waive the City's or the Landscape Architect's responsibilities and
obligations established in this contract. The Landscape Architect shall promptly notify the City of any event
that will affect completion of the work authorization.
F. Supplemental Work Authorizations. Before additional work may be performed or additional costs
incurred, a change in a work authorization shall be enacted by a written supplemental work authorization in the
form identified and attached hereto as Attachment D. Both parties must execute a supplemental work
authorization within the period of performance specified in the work authorization. The City shall not be
responsible for actions by the Landscape Architect or any costs incurred by the Landscape Architect relating to
additional work not directly associated with the performance or prior to the execution of the work authorization.
The Landscape Architect shall allow adequate time for review and approval of the supplemental work
authorization by the City prior to expiration of the work authorization. Any supplemental work authorization
must be executed by both parties within the time period established in Article 2 of the contract, (Contract
Period). Under no circumstances will a work authorization be allowed to extend beyond the contract's
expiration date or will the total amount of funds exceed the maximum amount payable set forth in Article 3A of
the contract(Compensation).
F-1. More Time Needed. If the Landscape Architect determines or reasonably anticipates that the work
authorized in a work authorization cannot be completed before the specified completion date, the
Landscape Architect shall promptly notify the City. The City may, at its sole discretion, extend the work
authorization period by execution of supplemental authorization, using the form attached hereto as
Attachment D.
F-2. Changes in Scope. Changes that would modify the scope of the work authorized in a work
authorization must be enacted by a written supplemental work authorization. The Landscape Architect
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must allow adequate time for the City to review and approve any request for a time extension prior to
expiration of the work authorization. If the change in scope affects the amount payable under the work
authorization, the Landscape Architect shall prepare a revised work authorization budget for the City's
approval.
G. New Work Authorization. If the Landscape Architect does not complete the services authorized in a work
authorization before the specified completion date and has not requested a supplemental work authorization,
the work authorization shall terminate on the completion date. At the sole discretion of the City, it may issue a
new work authorization to the Landscape Architect for the incomplete work using the unexpended balance of
the preceding work authorization for the project. If approved by the City, the Landscape Architect may
calculate any additional cost for the incomplete work using the rates set forth in the preceding work
authorization and in accordance with Attachment E, Fee Schedule.
H. Emergency Work Authorizations. The City, at its sole discretion, may accept the Landscape Architect's
signature on a faxed copy of the work authorization as satisfying the requirements for executing the work
authorization, provided that the signed original is received by the City within five business days from the date
on the faxed copy.
I. Deliverables. Upon satisfactory completion of the work authorization, the Landscape Architect shall submit
the deliverables as specified in the executed work authorization to the City for review and acceptance.
ARTICLE 2. PROGRESS
A. Progress meetings. The Landscape Architect shall from time to time during the progress of the work
confer with the City. The Landscape Architect shall prepare and present such information as may be pertinent
and necessary or as may be requested by the City in order to evaluate features of the work.
B. Conferences. At the request of the City or the Landscape Architect, conferences shall be provided at the
Landscape Architect's office, the office of the City, or at other locations designated by the City. These
conferences shall also include evaluation of the Landscape Architect's services and work when requested by
the City.
C. Inspections. If federal funds are used to reimburse costs incurred under this contract, the work and all
reimbursements will be subject to periodic review by the U. S. Department of Transportation.
D. Reports. The Landscape Architect shall promptly advise the City in writing of events that have a significant
impact upon the progress of a work authorization, including:
1. problems, delays, adverse conditions that will materially affect the ability to meet the time schedules
and goals, or preclude the attainment of project work units by established time periods; this disclosure
will be accompanied by statement of the action taken or contemplated, and any City, 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.
E. Corrective Action. Should the City determine that the progress of work does not satisfy the milestone
schedule set forth in a work authorization, the City shall review the work schedule with the Landscape Architect
to determine the nature of corrective action needed.
ARTICLE 3. SUSPENSION OF WORK AUTHORIZATION
A. Notice. Should the City desire to suspend a work authorization but not terminate the contract, the City may
verbally notify the Landscape Architect followed by written confirmation, giving (30)thirty days notice. Both
parties may waive the thirty-day notice in writing.
B. Reinstatement. A work authorization may be reinstated and resumed in full force and effect within sixty
(60) business days of receipt of written notice from the City to resume the work. Both parties may waive the
sixty-day notice in writing.
C. Contract Period Not Affected. If the City suspends a work authorization, the contract period as
determined in Article 2 of the contract (Contract Period) is not affected and the contract and the work
authorization will terminate on the date specified unless the contract or work authorization is amended to
authorize additional time.
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D. Limitation of Liability. The City shall have no liability for work performed or costs incurred prior to the date
authorized by the City to begin work, during periods when work is suspended, or after the completion date of
the contract or work authorization.
ARTICLE 4. ADDITIONAL WORK
A. Notice. If the Landscape Architect is of the opinion that any assigned work is beyond the scope of this
contract and constitutes additional work, it shall promptly notify the City in writing, presenting the facts of the
work authorization and showing how the work authorization constitutes additional work.
B. Supplemental Agreement. If the City finds that the work does constitute additional work, the City shall so
advise the Landscape Architect and a written supplemental agreement will be executed as provided in General
Provisions, Article 6, Supplemental Agreements.
C. Limitation of Liability. The City shall not be responsible for actions by the Landscape Architect or any
costs incurred by the Landscape Architect relating to additional work not directly associated with or prior to the
execution of a supplemental agreement.
ARTICLE 5. CHANGES IN WORK
A. Work Previously Submitted as Satisfactory. If the Landscape Architect has submitted work in
accordance with the terms of this contract but the City requests changes to the completed work or parts thereof
which involve changes to the original scope of services or character of work under the contract, the Landscape
Architect shall make such revisions as requested and as directed by the City. This will be considered as
additional work and paid for as specified under Article 4, Additional Work.
B. Work Does Not Comply with Contract. If the Landscape Architect submits work that does not comply
with the terms of this contract, the City shall instruct the Landscape Architect to make such revision as is
necessary to bring the work into compliance with the contract. No additional compensation shall be paid for
this work.
C. Errors/Omissions. The Landscape Architect shall make revisions to the work authorized in this contract
which are necessary to correct errors or omissions appearing therein, when required to do so by the City. No
additional compensation shall be paid for this work.
ARTICLE 6. SUPPLEMENTAL AGREEMENTS
A. Need. The terms of this contract may be modified if the City determines that there has been a significant
increase or decrease in the duration, scope, cost, complexity or character of the services to be performed. A
supplemental agreement will be executed to authorize such significant increases or decreases. Significant is
defined to mean a cost increase of any amount and a cost decrease of twenty percent (20%) or more of the
original estimated project cost.
B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the
contract(Compensation). Significant changes affecting the cost or maximum amount payable shall be defined
to include but not be limited to new work not previously authorized or previously authorized services that will
not be performed. The parties may reevaluate and renegotiate costs at this time.
C. When to Execute. Both parties must execute a supplemental agreement within the contract period
specified in Article 2 of the contract(Contract Period).
ARTICLE 7. OWNERSHIP OF DATA
A. Work for Hire. All services provided under this contract are considered work for hire and as such all data,
basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the
terms of this contract are the property of the City.
B. Disposition of Documents. All documents prepared by the Landscape Architect and all documents
furnished to the Landscape Architect by the City shall be delivered to the City upon request by the City. The
Landscape Architect, at its own expense, may retain copies of such documents or any other data which it has
furnished the City under this contract, but further use of the data is subject to permission by the City.
C. Release of Design Plan. The Landscape Architect(1)will not release any roadway design plan created or
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collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include
a provision in all subcontracts which acknowledges the City's ownership of the design plan and prohibits its
use for any use other than the project identified in this contract; and (3) is responsible for any improper use of
the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting
from improper use. Neither the Landscape Architect nor any subprovider may charge a fee for the portion of
the design plan created by the City.
ARTICLE 8. PUBLIC INFORMATION AND CONFIDENTIALITY
A. Public Information. The City will comply with Government Code, Chapter 552, the Public Information Act,
and 43 Texas Administrative Code §3.10 et seq. in the release of information produced under this contract.
B. Confidentiality. The Landscape Architect shall not disclose information obtained from the City under this
contract without the express written consent of the City.
C. Access to Information. The Landscape Architect is required to make any information created or
exchanged with the city pursuant to this contract, and not otherwise excepted from disclosure under the Texas
Public Information Act, available in a format that is accessible by the public at no additional charge to the city.
ARTICLE 9. PERSONNEL, EQUIPMENT AND MATERIAL
A. Landscape Architect Resources. The Landscape Architect shall furnish and maintain quarters for the
performance of all services, in addition to providing adequate and sufficient personnel and equipment to
perform the services required under the contract. The Landscape Architect certifies that it presently has
adequate qualified personnel in its employment for performance of the services required under this contract, or
it will be able to obtain such personnel from sources other than the City.
B. Removal of Contractor Employee. All employees of the Landscape Architect assigned to this contract
shall have such knowledge and experience as will enable them to perform the duties assigned to them. The
City may instruct the Landscape Architect to remove any employee from association with work authorized in
this contract if, in the sole opinion of the City, the work of that employee does not comply with the terms of this
contract or if the conduct of that employee becomes detrimental to the work.
C. Replacement of Key Personnel. The Landscape Architect must notify the City in writing as soon as
possible, but no later than three business days after a project manager or other key personnel is removed from
association with this contract, giving the reason for removal.
D. State Approval of Replacement Personnel. The Landscape Architect may not replace the project
manager or key personnel without prior consent of the City. The City must be satisfied that the new project
manager or other key personnel is qualified to provide the authorized services. If the City determines that the
new project manager or key personnel is not acceptable, the Landscape Architect may not use that person in
that capacity and shall replace him or her with one satisfactory to the City within forty-five (45) days.
E. Ownership of Acquired Property. Except to the extent that a specific provision of this contract states to
the contrary, the City shall own all intellectual property acquired or developed under this contract and all
equipment purchased by the Landscape Architect or its subcontractors under this contract. All intellectual
property and equipment owned by the City shall be delivered to the City when the contract terminates, or when
it is no longer needed for work performed under this contract, whichever occurs first.
ARTICLE 10. LICENSE FOR City LOGO USE
A. Grant of License; Limitations. The Landscape Architect is granted a limited revocable non-exclusive
license to use the registered City of Pearland trademark logo on any deliverables prepared under this contract
that are the property of the City. The Landscape Architect may not make any use of the registered City of
Pearland trademark logo on any other materials or documents unless it first submits that request in writing to
the City and receives approval for the proposed use. The Landscape Architect agrees that it shall not alter,
modify, dilute, or otherwise misuse the registered City of Pearland trademark logo or bring it into disrepute.
B. No Assignment or Sublicense. The Landscape Architect may not assign or sublicense the rights granted
by this article without the prior written consent of the City.
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C. Term of License. The license granted to the Landscape Architect by this article shall terminate at the end
of the term specified in Article 2 of this contract.
ARTICLE 11. SUBCONTRACTING
A. Prior Approval. The Landscape Architect shall not assign, subcontract or transfer any portion of
professional services related to the work under this contract without prior written approval from the City.
B. DBE/HUB Compliance. The Landscape Architect's subcontracting program shall comply with the
requirements of Attachment H of the contract(DBE/HUB Requirements).
C. Required Provisions. All subcontracts for professional services shall include the provisions included in
Attachment A, General Provisions, and any provisions required by law. The Landscape Architect is authorized
to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from
the basis of payment by the City to the Landscape Architect.
D. Prior Review. Subcontracts for professional services in excess of$25,000 may be reviewed by the City
prior to performance of work thereunder.
E. Landscape Architect Responsibilities. No subcontract relieves the Landscape Architect of any
responsibilities under this contract.
ARTICLE 12. INSPECTION OF WORK
A. Review Rights. The City, Texas Department of Transportation (TxDOT) and the U. S. Department of
Transportation, when federal funds are involved, and any of their authorized representatives shall have the
right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in
which it is being performed.
B. Reasonable Access. If any review or evaluation is made on the premises of the Landscape Architect or a
subprovider, the Landscape Architect shall provide and require its subproviders to provide all reasonable
facilities and assistance for the safety and convenience of the state or federal representatives in the
performance of their duties.
ARTICLE 13. SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the City before a final report
is issued. The City's comments on the Landscape Architect's preliminary report must be addressed in the final
report.
ARTICLE 14. VIOLATION OF CONTRACT TERMS
A. Increased Costs. Violation of contract terms, breach of contract, or default by the Landscape Architect
shall be grounds for termination of the contract, and any increased or additional cost incurred by the City
arising from the Landscape Architect's default, breach of contract or violation of contract terms shall be paid by
the Landscape Architect.
B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but
all remedies existing at law and in equity may be availed of by either party and shall be cumulative.
ARTICLE 15. TERMINATION
A. Causes. The contract may be terminated before the stated completion date by any of the following
conditions.
1. By mutual agreement and consent, in writing from both parties.
2. By the City by notice in writing to the Landscape Architect as a consequence of failure by the
Landscape Architect to perform the services set forth herein in a satisfactory manner.
3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein.
4. By the City for reasons of its own, not subject to the mutual consent of the Landscape Architect, by
giving thirty business days notice of termination in writing to the Landscape Architect.
5. By the City, if the Landscape Architect violates the provisions of Attachment A, General Provisions
Article 21, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized
Business Requirements.
6. By satisfactory completion of all services and obligations described herein.
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B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to the Landscape Architect. In determining the value
of the work performed by the Landscape Architect prior to termination, the City shall be the sole judge.
Compensation for work at termination will be based on a percentage of the work completed at that time.
Should the City terminate this contract under paragraph (4) or(5)above, the Landscape Architect shall not
incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty
days.
C. Value of Completed Work. If the Landscape Architect defaults in the performance of this contract or if the
City terminates this contract for fault on the part of the Landscape Architect, the City will give consideration to
the following when calculating the value of the completed work: (1)the actual costs incurred (not to exceed the
rates set forth in Attachment E, Fee Schedule) by the Landscape Architect in performing the work to the date
of default; (2)the amount of work required which was satisfactorily completed to date of default; (3) the value
of the work which is usable to the City; (4)the cost to the City of employing another firm to complete the
required work; (5)the time required to employ another firm to complete the work; and (6) other factors which
affect the value to the City of the work performed.
D. Calculation of Payments. The City shall use the fee schedule set forth in Attachment E to the contract
(Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of
partially completed landscape architecture and engineering services, eligible costs will be calculated as set
forth in Attachment E, Fee Schedule. The sum of the provisional overhead percentage rate for payroll
additives and for general and administrative overhead costs during the years in which work was performed
shall be used to calculate partial payments. Any portion of the fixed fee not previously paid in the partial
payments shall not be included in the final payment.
E. Excusable Delays. Except with respect to defaults of subproviders, the Landscape Architect shall not be
in default by reason of any failure in performance of this contract in accordance with its terms (including any
failure to progress in the performance of the work) if such failure arises out of causes beyond the control and
without the default or negligence of the Landscape Architect. Such causes may include, but are not restricted
to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as
prescribed above shall extinguish the rights, duties, and obligations of the City and the Landscape Architect
under this contract, except for those provisions that establish responsibilities that extend beyond the contract
period.
G. Payment of Additional Costs. If termination of this contract is due to the failure of the Landscape
Architect to fulfill its contract obligations, the City may take over the project and prosecute the work to
completion, and the Landscape Architect shall be liable to the City for any additional cost to the City.
ARTICLE 16. COMPLIANCE WITH LAWS
The Landscape Architect shall comply with all applicable federal, state and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or
tribunals in any manner affecting the performance of this contract, including, without limitation, worker's
compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and
licensing laws and regulations. When required, the Landscape Architect shall furnish the City with satisfactory
proof of its compliance therewith.
ARTICLE 17. INDEMNIFICATION
A. Errors, Omissions, Negligent Acts. The Landscape Architect shall save harmless the City and its
officers and employees from all claims and liability due to activities of itself, its agents, or employees,
performed under this contract and which are caused by or result from error, omission, or negligent act of the
Landscape Architect or of any person employed by the Landscape Architect.
B. Attorney Fees. The Landscape Architect shall also save harmless the City from any and all expense,
including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting
said claim or liabilities which may be imposed on the City as a result of such activities by the Landscape
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Architect, its agents, or employees.
ARTICLE 18. LANDSCAPE ARCHITECT'S RESPONSIBILITY
A. Accuracy. The Landscape Architect shall be responsible for the accuracy of work and shall promptly make
necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation.
B. Errors and Omissions. The Landscape Architect's Responsibility for all questions arising from design
errors or omissions will be determined by the City. All decisions shall be in accordance with TxDOT's
"Consultant Errors & Omissions Correction and Collection Procedures" and Texas Government Code
§2252.905. The Landscape Architect will not be relieved of the responsibility for subsequent correction of any
such errors or omissions or for clarification of any ambiguities until after the construction phase of the project
has been completed.
C. Seal. The responsible Landscape Architect shall sign, seal and date all appropriate landscape architecture
submissions to the City in accordance with the rules of the Texas Board of Architectural Examiners. The
responsible Engineers shall sign, seal and date all appropriate engineering submissions to the City in
accordance with the Texas Engineering Practice Act.
D. Resealing of Documents. Once the work has been sealed and accepted by the City, the City, as the
owner, will notify the party to this contract, in writing, of the possibility that a City engineer, as a second
engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second
engineer will affix his seal to any work altered, completed, corrected, revised or added. The second engineer
will then become responsible for any alterations, additions or deletions to the original design including any
effect or impacts of those changes on the original engineer's design.
ARTICLE 19. NONCOLLUSION
A. Warranty. The Landscape Architect warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Landscape Architect, to solicit or secure this contract
and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this
contract.
B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE 20. INSURANCE
The Landscape Architect certifies that it has insurance on file with City in the amount specified as followed, as
required by the City. No other proof of insurance is acceptable to the City. The Landscape Architect certifies
that it will keep current insurance on file with that office for the duration of the contract period. If insurance
lapses during the contract period, the Landscape Architect must stop work until a new certificate of insurance
is provided.
A. Policies and Limits. The CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and omissions relating
to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this
Agreement, as follows.
1. Workers' Compensation as required by law
2. Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate.
3. Comprehensive General Liability and Property Damage Insurance with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000
for each occurrence of damage to or destruction of property.
4. Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned
vehicles, with minimum limits of$1,000,000 for injury or death of any one person, $1,000,000 for
each occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the policies, with the
exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance
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and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall
be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only
after the CITY has been provided with written notice of such Change in Coverage, such notice to be
sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt
requested, and received by the City no fewer than thirty (30) days prior to the effective date of such
Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall
furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT,
issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage,
conditions, and limits required by this CONTRACT are in full force and effect.
B. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from
any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including
all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage
to any property, or errors in design, any of which are caused by the negligent act or omission of the
CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT.
C. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as
an independent contractor and shall have control of its own work and the manner in which it is performed.
The CONSULTANT is not to be considered an agent or employee of the CITY.
ARTICLE 21. GRATUITIES
A. Employees Not to Benefit. City of Pearland policy mandates that employees of the City of Pearland shall
not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do
business with the City under this contract. The only exceptions allowed are ordinary business lunches and
items that have received the advance written approval of the City Manager.
B. Liability. Any person doing business with or who reasonably speaking may do business with the City
under this contract may not make any offer of benefits, gifts or favors to department employees, except as
mentioned above. Failure on the part of the Landscape Architect to adhere to this policy may result in the
termination of this contract.
ARTICLE 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED
BUSINESS REQUIREMENTS
The Landscape Architect agrees to comply with the requirements set forth in Attachment H, Disadvantaged
Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned
goal or a zero goal, as determined by the City and TxDOT.
ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS
A. Retention Period. The Landscape Architect shall maintain all books, documents, papers, accounting
records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records).
The Landscape Architect shall make the records available at its office during the contract period and for seven
(7) years from the date of final payment under this contract, until completion of all audits, or until pending
litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The City, State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General, and the
Comptroller General shall have access to the Landscape Architect's Records which are directly pertinent to
this contract for the purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 24. NEPOTISM DISCLOSURE
A. In this section the term "relative" means:
(1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse,
child, grandchild, or great grandchild, or
(2) the grandparent, parent, sibling, child, or grandchild of the person's spouse.
B. A notification required by this section shall be submitted in writing to the person designated to receive
official notices under this contract and by first-class mail addressed to City of Pearland, 3519 Liberty Drive,
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Pearland, Texas 77581. The notice shall specify the Consultant firm name, the name of the person who
submitted the notification, the contract number, the business unit of City of Pearland that is principally
responsible for the contract, the name of the relevant Consultant employee, the expected role of the
Consultant employee on the project, the name of the City employee who is a relative of the Consultant
employee, the title of the City employee, the work location of the City employee, and the nature of the
relationship.
C. By executing this contract, the Consultant is certifying that the Consultant does not have any knowledge
that any of its employees or of any employees of a subcontractor who are expected to work under this contract
have a relative that is employed by the City unless the Consultant has notified City of Pearland of each
instance as required by subsection (b).
D. If the Consultant learns at any time that any of its employees or that any of the employees of a
subcontractor who are performing work under this contract have a relative who is employed by the City, the
Consultant shall notify City of Pearland under subsection (b) of each instance within thirty days of obtaining
that knowledge.
E. If the Consultant violates this section, the City may terminate the contract immediately for cause, may
impose any sanction permitted by law, and may pursue any other remedy permitted by law.
ARTICLE 25. CIVIL RIGHTS COMPLIANCE
A. Compliance with Regulations: The Landscape Architect will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this agreement.
B. Nondiscrimination: The Landscape Architect, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The Landscape Architect will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49
CFR Part 21.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Landscape Architect for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notified by the Landscape Architect of the Landscape Architect's obligations under this contract
and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Landscape Architect will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and facilities as may be determined by the City, State or the FHWA to
be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required
of the Landscape Architect is in the exclusive possession of another who fails or refuses to furnish this
information, the Landscape Architect will so certify to the City, State or the Federal Highway Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Landscape Architect's noncompliance with the
Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it, the State or the
FHWA may determine to be appropriate, including, but not limited to:
(1) withholding of payments to the Landscape Architect under the contract until the Landscape Architect
complies and/or
(2) cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions: The Landscape Architect will include the provisions of paragraphs (A)
through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt
by the Acts, the Regulations and directives issued pursuant thereto. The Landscape Architect will take such
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action with respect to any subcontract or procurement as the City, State or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Landscape Architect
becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction,
the Landscape Architect may request the City to enter into such litigation to protect the interests of the City. In
addition, the Landscape Architect may request the United States to enter into such litigation to protect the
interests of the United States.
ARTICLE 26. PATENT RIGHTS
The City shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use
any patents developed by the Landscape Architect under this contract.
ARTICLE 27. COMPUTER GRAPHICS FILES
The Landscape Architect agrees to comply with Attachment G, Computer Graphics Files for Document and
Information Exchange, if determined by the City to be applicable to this contract.
ARTICLE 28. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Landscape Architect certifies that the individual or business
entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment
and acknowledges that this contract may be terminated and payment may be withheld if this certification is
inaccurate. If the above certification is shown to be false, the Landscape Architect is liable to the state for
attorney's fees, the cost necessary to complete the contract, including the cost of advertising and awarding a
second contract, and any other damages provided by law or the contract. A child support obligor or business
entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains
ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement
or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order
has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a
court-supervised effort to improve earnings and child support payments.
ARTICLE 29. DISPUTES
A. Disputes Not Related to Contract Services. The Landscape Architect shall be responsible for the
settlement of all contractual and administrative issues arising out of any procurement made by the Landscape
Architect in support of the services authorized herein.
B. Disputes Concerning Work or Cost. Any dispute concerning the work hereunder or additional costs, or
any non-procurement issues shall be settled in accordance with 43 Texas Administrative Code §9.2.
ARTICLE 30. SUCCESSORS AND ASSIGNS
The Landscape Architect and the City do each hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors, executors,
administrators and assigns of such other party in respect to all covenants of this contract. The Landscape
Architect shall not assign, subcontract or transfer its interest in this contract without the prior written consent of
the City.
ARTICLE 31. SEVERABILITY
In the event any one or more of the provisions contained in this contract shall for any reason, be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
ARTICLE 32. PRIOR CONTRACTS SUPERSEDED
This contract constitutes the sole agreement of the parties hereto for the services authorized herein and
supersedes any prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein.
ARTICLE 33. CONFLICT OF INTEREST
A. Representation by Landscape Architect.
The Landscape Architect represents that its firm has no conflict of interest that would in any way interfere with
its or its employees' performance of services for the department or which in any way conflicts with the interests
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of the department. The Landscape Architect further certifies that this agreement is not barred because of a
conflict of interest pursuant to Texas Government Code, Section 2261.252, between it and the City.
Specifically, the Landscape Architect certifies that none of the following individuals, nor any or their family
members within the second degree of affinity or consanguinity, owns 1% or more interest, or has a financial
interest as defined under Texas Government Code, Section 2261.252(b), in the Landscape Architect: any
member of the City of Pearland. The firm shall exercise reasonable care and diligence to prevent any actions
or conditions that could result in a conflict with the department's interests.
B. Certification Status. The Landscape Architect certifies that it is not:
1. a person required to register as a lobbyist under Chapter 305, Government Code;
2. a public relations firm; or
3. a government consultant.
C. Environmental Disclosure. If the Landscape Architect will prepare an environmental impact statement or
an environmental assessment under this contract, the Landscape Architect certifies by executing this contract
that it has no financial or other interest in the outcome of the project on which the environmental impact
statement or environmental assessment is prepared.
D. Commencement of Final Design. This contract does not obligate the City to proceed with final design for
any alternative. On completion of environmental documentation, the City will consider all reasonable
alternatives in a fair and objective manner. Notwithstanding anything contained elsewhere in the contract or in
any work authorization, the Landscape Architect may not proceed with final design until after all relevant
environmental decision documents have been issued.
E. Restrictions on Testing. If the Landscape Architect will perform commercial laboratory testing under this
contract, on any project the Landscape Architect may not perform more than one of the following types of
testing:
1. verification testing;
2. quality control testing; or
3. independent assurance testing.
ARTICLE 34. OFFICE OF MANAGEMENT AND BUDGET(OMB) AUDIT REQUIREMENTS
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the
single audit report includes the coverage stipulated in 2 CFR 200.
ARTICLE 35. DEBARMENT CERTIFICATIONS
The parties are prohibited from making any award at any tier to any party that is debarred or suspended or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order
12549, "Debarment and Suspension." By executing this agreement, the Landscape Architect certifies that it is
not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a
subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and,
when requested by the City, to furnish a copy of the certification.
ARTICLE 36. E-VERIFY CERTIFICATION
Pursuant to Executive Order RP-80, Landscape Architect certifies and ensures that for all contracts for
services, Landscape Architect shall, to the extent permitted by law, utilize the United States Department of
Homeland Security's E-Verify system during the term of this agreement to determine the eligibility of:
1. All persons employed by Landscape Architect during the term of this agreement to perform duties
within the State of Texas; and
2. All persons, including subcontractors, assigned by Landscape Architect to perform work pursuant to
this agreement.
Violation of this provision constitutes a material breach of this agreement.
ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER STATE OFFICER OR EMPLOYEE
N/A
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ARTICLE 38. PERTINENT NON-DISCRIMINATION AUTHORITIES
During the performance of this contract, the Landscape Architect, for itself, its assignees, and successors in
interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited
to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the
basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the
programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or
activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability
in the operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency(LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
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ATTACHMENT B
SERVICES TO BE PROVIDED BY THE CITY
Highway: Shadow Creek Ranch Hike and Bike Trails
Limits: Approximately 4,700 linear feet (just under 1 mile) along the high bank (south side) of Clear Creek from
Kingsley Drive to Kirby Drive.
Station to Station
CSJ: 0912-31- 292
Contract No.: 13-
The City will furnish to the Landscape Architect the following items:
1. Trail design requirements.
2. Available horizontal control points.
3. Available benchmark elevations and descriptions for vertical control.
4. If available, the data on file concerning:
a. Existing facilities construction documents and "as-builts".
5. Available interface data for any projects adjacent to, crossing, and/or within limits.
6. Available existing traffic counts and design year traffic projections necessary to develop the traffic
control plans.
7. Right-of-way maps, if available.
8. Assistance will be provided to the Landscape Architect to obtain the required data and information
from other local, regional, State and federal agencies.
9. Timely review and decisions necessary for the Landscape Architect to maintain the contracted
project schedule.
10. Project technical and administrative standards and procedures.
11. Minimum standards for roadway, structures, drainage, and hydraulics where required.
12.Traffic Accident Data necessary for any design exceptions or waivers.
13. Provide all necessary standard forms and conveyance instruments.
14. Provide final approval for all acquisitions.
15. Cost of preliminary title commitment and title insurance for all parcels acquired.
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ATTACHMENT C
SERVICES TO BE PROVIDED BY THE LANDSCAPE ARCHITECT
(The negotiated scope for this contract must be provided in this attachment. The work
authorization scopes will be derived from this attachment.)
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Talley Landscape Architects Inc.
Landscape Architecture and Planning
Regenerative Design / Proven Results / Life-Cycle Management
September 19, 2016 (Revised)
City of Pearland
Attention: Cara Davis
3519 Liberty Dr
Pearland, TX 77581
Subject: TLA#113.4 Shadow Creek Hike and Bike Trails Project
Proposal for Landscape Architectural Services [TxDOT CSJ 0912-31-292]
Dear Cara,
Talley Landscape Architects, Inc. is pleased to submit the following proposal for Professional Services in
connection with the project referenced above. This Agreement is by and between Talley Landscape
Architects, Inc. (TLA) and City of Pearland (Client).
TLA's Team will provide design and construction documents along with bid phase services for the trail design
of the above named project. This proposal is based on the project scope as discussed to date and identified in
TLA Team's Level of Effort (Exhibit E)
Scope of Work
The TLA Team understands the scope of the proposed project to include the preparation of design and
construction documents for the construction of approximately 4,700 linear feet (just under 1 mile) of concrete
shared use pathway along the high bank (south side) of Clear Creek from Kingsley Drive to Kirby Drive as the
Shadow Creek Ranch Trail. Total area is within the jurisdiction of the City of Pearland, Texas and Brazoria
County Drainage District #4. The project shall be designed in accordance with TxDOT design guidelines for
Pedestrian and Bike Trails as well as meet City of Pearland and Brazoria County Standards. TxDOT follows
the guidelines set forth by the American Association of State Highway and Transportation Officials(AASHTO)
"Guide for the Development of Bicycle Facilities". We further understand that there will be coordination with
applicable regulatory agencies, public and private entities along with survey and environmental work. The
project will be bid and contracts awarded through the City of Pearland.
Generally our scope is to create an attractive and safe environment for the pedestrians,joggers and bicyclists
who will use this new trail each day. Two trailhead areas will include amenities such as benches, shade
structures, landscape development with informational signage. Connectivity to existing trails at Kirby will be
studied to determine whether passage under the roadway is feasible or connecting to existing walkways
adjacent to the street is preferable.
Specifications requiring the use of products that are chemical free will be incorporated to re-establish living
soils and a functioning eco-system. They have been used and approved by TxDOT and the Harris County
Flood Control District. We have found that by re-establishing a functioning ecosystem,there has been a
reduction of erosion due to the support of deep rooted native ground covers, while the water retention in the
soil has resulted in a reduction of irrigation and an improvement of water quality along waterways and in some
of our detention basins. It would be a project criteria to incorporate some of these practices here as they are
part of the stated goals of the City of Pearland Parks and Recreation Department.
Professional Services
Document preparation is developed based on 30%, 60%, 90% and 95 and 100% submissions All submissions
will include plans and opinions of probable costs. The following services provided by TLA under this
agreement include the items referenced above with an expanded description.
TLA Proposal for 113.4 Shadow Creek Ranch Trail
September 19,2016
Page No. 2
1. Conceptual Plans (30%) During a team meeting with client, we will identify design character for the
project by responding to site conditions and program elements approval on this project, trail alignment
is the primary objective. This work is based on:
a) A program and theme (materials palette) established by Client and design team along with the
survey, soil studies, site visits and photography;
b) Coordination of and working total design team members to provide trail layout, locate all elements
and utilities, provide images, acknowledge standards and confirm implications of environmental
and surveying information;
c) Preparation of Conceptual Design and costs estimates
d) Review meeting with Client to present Conceptual Plans of trail layout and placement of trailheads
and other amenities.
2. Design Development Plans (60%) will refine the project character and participate in QA/QC, site
visits and meetings. This work will include:
a) Coordination of and working with entire team to detail for materials, sizes, quantities and locations
for all site/landscape elements and profile trail;
b) Submit special specifications sections for TxDot
c) Resolution of grading and drainage incorporating Brazoria County PD requirements
d) Develop an opinion of probable costs
e) Prepare draft of specifications
f) Review meeting with Client and submission for agency review as applicable.
3. Construction Documents (90%) along with technical specifications will address the requirements for
the construction of the project and participate in QA/QC, site visits and meetings. Work in this phase
includes:
a) Coordination of and with design team to determine the bid package content for civil and landscape
(i.e. walkways, hardscape, structures). Client may elect that planting and irrigation may be bid
separately from the trail work, or Client may opt to bid as total package;
b) Preparation of Project Manual;
c) Prepare 90% Construction Documents which shall reasonably conform to applicable codes and
regulations of governmental bodies having jurisdiction over the work at the time of preparation;
d) Prepare cost estimates
e) Review meeting with Client and submission for agency review as applicable
4. Construction Documents (95%/100%)will modify plans based on review comments and participation
in QA/QC, site visits and meetings. Work in this phase includes:
a) Preparation of final Project Manual;
b) Finalize Plan and Bid Forms
c) Confirm Environmental is complete & submitted
d) Prepare 95%Construction Documents &Review meeting with Client and submission for agency
review if applicable
e) Sign, Seal, Print and Submit 100% Construction Documents
5. Bid Phase services shall assist the Client in obtaining and evaluating bids.Work in this phase
shall include:
a) Conduct/attend pre-bid conference
b) Prepare minutes and issue clarifications as may be required;
c) Review bids and make recommendation for contract award;
Talley Landscape Architects Inc. P.O. Box 211 Orchard, Texas 77464
Office: 281.341.5601 Fax 281.232.3613 www.TalleyLA.com
TLA Proposal for 113.4 Shadow Creek Ranch Trail
September 19,2016
Page No.3
TLA has assembled a team poised to meet the needs and goals the Shadow Creek Ranch Trail project and their
total DBE participation is approximately 64% (including prime).
1) TLA shall serve as prime and provide overall design and landscape development. TLA is certified
as a HUB, DBE, SBE and WBE.
2) HDR Engineering, Inc. (HDR)will be providing the engineering support needed for the project
(Attachment B)
3) KUO and Associates, Inc. (KUO)provides the survey and base map establishment(Attachment C)
Kuo is also DBE, MBE, HUB and SBE.
4) Crouch Environmental Services, Inc. (CESI)shall provide the environmental services from
assessment through all necessary documentation necessary for permit compliance
(Attachment D). Crouch is a HUB, DBE and SBE.
Attached please find each team member's individual proposals with expanded scopes
EXCLUSIONS TO SCOPE OF SERVICES
This proposal specifically EXCLUDES the services listed below which the client shall retain under separate
agreement and provide to TLA:
1. Electrical Engineering as there is no lighting or power requirement on this project
2. Irrigation Design based on instructions from client;
3. Structural Engineering;
4. Geotechnical Engineering or Studies;
5. Lab testing (i.e. soils proctors, concrete strength);
6. Permitting Fees other than TDLR
7. Renderings if requested by client
TLA assumes no responsibility for the accuracy of such information or services and shall not be liable for error
or omissions therein. Should TLA be required to provide services in obtaining or coordinating compilation of
this information, such services shall be charged as Extra Services.
Fees and Terms
Fees shall be paid as billed and shall be submitted monthly based on tasks completed or a percentage of the
total fees for services completed to date plus reimbursable expenses based on this proposal (see following
section). TLA shall retain documentation of all services performed for the Client.
The project grand total contract amount is$239,448.81 (Two Hundred Thirty Nine Thousand Four Hundred
Forty Eight and 81 cents)
Reimbursable Expenses
The Client shall pay the consultant for travel expenses, mileage at approved government rate per mile, printing
and other directly related costs. Expenses will be billed as outlined in the Level of Effort document not to
exceed $8,084.00 for TLA and $1,587.50 for HDR.
There will be a submission for review and approval to the Texas Department of Licensing and
Regulation of the Trail for Accessibility. Fees for permits will be submitted for reimbursement at
cost For projects of$3 million the fees are$210 for registration, $575 for design review and $600
for final inspection for a total of$1,385(included in total in preceding paragraph).
Talley Landscape Architects Inc. P.O. Box 211 Orchard, Texas 77464
Office: 281.341.5601 Fax 281.232.3613 www.TalleyLA.com
TLA Proposal for 113.4 Shadow Creek Ranch Trail
September 19, 2016
Page No.4
Extra Services
Any services requested by the Client, not covered under this agreement, shall be considered as additional
services and shall be authorized in writing and billed hourly at the stated hourly rates shown within the Level of
Effort (Exhibit E).
Cancellation
This agreement may be canceled by TLA or the Client with or without cause. In either instance, the canceling
party shall give thirty(30) days written notice prior to cancellation and specify the date of cancellation. The
Client shall pay for all services, as identified by this agreement (scope of services), up to the date of
cancellation. Said notice shall be addressed to TLA at P.O. Box 211, Orchard, Texas 77464.
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practices of persons registered as Landscape Architects in Texas. The Board may be contacted at PO. Box
12337, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942. Phone: 512-305-9000; Fax: 512-305-8900;
and web address: www.tbae.state.tx.us
We would be pleased to answer questions you may have or to clarify the various points above. If this proposal
meets with your approval please sign where indicated below. We look forward to working with you on this
project.
Best personal regards,
A-Q-12-n
Merrie Talley, PLA, LA, LEED
Accepted Date
Talley Landscape Architects Inc. P.O. Box 211 Orchard, Texas 77464
Office: 281.341.5601 Fax 281.232.3613 www.TalleyLA.com
Fad
September 19, 2016
Talley Landscape Architects, Inc.
Merrie Talley, RLA
P.O. Box 211
Orchard,TX 77464
Re: City of Pearland
Proposal for Shadowcreek Trail
Dear Ms. Talley:
HDR is pleased to submit this proposal for engineering and bid phase services on the
Shadowcreek Trail Project. We are excited to be part of the Team and to undertake the
tasks involved in such an important project.
This proposal is based on our understanding of the project as discussed and subsequent site
visits and conversations with your staff. HDR will provide the civil engineering services
for the trail design to include plan and profile of the trail, drainage, typical section,
specifications, cost estimate, and bid phase services for the approximate 1 mile hike and
bike trail.
The following detailed tasks will be performed as the scope of services upon receiving the
Notice to Proceed.
SCOPE OF SERVICES:
I. Design Phase
• Make 3 site visits to become familiar with the existing conditions
and note project constraints.
• Based on provided survey data, prepare a trail layout sheet to
document the proposed alignment.
• Walk the site to determine alignment and plot on aerial photograph.
• Place the centerline of the trail on aerial photographs to be used
during presentations to enable groups to provide comments on the
location of the trail.
ndi•inc.com
4828 Loop Central Drive,Suite 800,Houston,TX 77081-2220
(713)622-9264
• Evaluate existing drainage areas along Clear Creek and determine
effects to the hike and bike trail.
• Determine size of drainage structures to pass channelized flow
across the trail.
• Coordinate with and submit plans to Brazoria Drainage District No.
4 for their review and approval. Respond to any comments they may
have after review of plans.
• Prepare trail plan sheets for the proposed alignment.
• Trail plan sheets will also be used in presentations to display the
proposed alignment.
• Attend two (2) citizen meetings to receive input and comments
concerning the project.
• Prepare a preliminary profile of the trail centerline.
• Determine the trail design including materials, dimensions, shared
use requirements, functional criteria and connectivity criteria.
• Determine location of proposed drainage structures and show in the
plan and profile drawings.
• Prepare a trail typical section.
• Prepare cross sections at 100' intervals.
• Prepare traffic control plans to complete the construction.
• Complete and document a QA/QC of HDR sheets prior to each
submittal.
• Attend three (3) progress review meetings with Public Works, Parks
and Recreation Department Staff.
• Provide an Opinion of Probable Cost for the proposed Hike and Bike
trail (only items HDR is completing)at 50%and Final submittal.
• Prepare detailed construction plans, specifications, instructions to
bidders, general provisions, and other documents necessary to
advertise the project for bids
• Detailed specifications shall be developed using City and TxDOT
specifications.
• Provide data for the Contractor to prepare the SW3P for submittal.
• Submit electronic copies of Plans and Specifications at 30%, 60%,
90% and Final to Talley Landscape Architects for incorporation into
total plan set submittal. Talley will be submitting plans to the City
for review and comment at all submittals.
hdrinc.com
4828 loop Central Drive,Suite 800,Houston,TX 77081 2220
(713)622 9264
III. Bid Phase
• Attend the Pre-Bid Conference to provide clarification and
interpretation to bidders.
• During the bidding process, provide information to and answer
questions from potential bidders concerning the Project's
construction documents.
FEE:
HDR will submit monthly progress invoices with status reports for all engineering work
completed to invoice date.
HDR will perform the work to complete the project for the lump sum fee not to exceed
amount of$81,137.72.
Additional services beyond those described in the Scope of Services will be invoiced on the
basis of direct labor cost times a factor of 3.05 and direct cost plus 10%.
HDR appreciates the opportunity to submit this proposal and to continue working for
Talley Landscape Architects, Inc.
Sincerely,
HDR Engineering, Inc.
rGG,J
David Weston
Area Manager
kdrine.cum
4828 loop Central Drive,Suite 800,Houston,TX 77081 2220
(713)622-9264
IIEI1J O 10700 Richmond Ave, Suite 113
Houston, TX 77042
& associates, Inc. Tel: (713) 975-8769
Fax: (713) 975-0920
Consulting Engineers
& Surveyors www.kuoassociates.com
September 19, 2016
Merrie Talley, RLA, ASLA
Talley Landscape Architects, Inc.
P.O. Box 211
Orchard, Texas 77464
Re: Shadowcreek Ranch Trail
Topographic Surveying
Dear Merrie
Kuo &Associates. Inc. is pleased to submit this proposal to perform topographic survey services for
the above referenced project.
The scope of work and fee will be as follows:
SCOPE OF WORK
Scope of work consists of the following Items
• Item-1: Topographic surveying
• Item-2: CAD service in preparation of plan and profile drawing
Details on the above items are described below:
Item-1: Topographic Surveying
Topographic surveying will be performed in compliance with the Category 6, Condition 2 survey as
per the latest TSPS Manual of practice and City of Pearland Criteria as available. Survey limit is
from toe of ditch to 60' beyond high bank (approximately 30' of width is assumed to be within
wooded area and may need surveying of trees). The survey work limit is shown approximately in the
attached exhibit. In general our office will perform necessary field and office work for the following
items:
• Establish survey control—the survey datum will be based on NAD 83 horizontal and NAVD 88 vertical
and will be tied to the Texas State Plane Zone 4 Zone 401 FIPS 4204 TX S Central.
• The survey will be tied to the nearby City of Pearland monuments and FIRM/TSARP monuments
• Limit of survey will extend from 50'east of the existing trail on the east of Kirby to the vicinity of another
existing trail approximately 4.000 LF to the west as shown in the attached exhibit.
• Survey cross sections along the proposed trail alignment with spacing approximately at 100'c-c. To
indicate general type of terrain and alignment. surveying of cross sections at spacing smaller than 100'
c-c may be necessary at certain locations
September 19, 2016
Proposal for Survey
Page No. 2
• Width of cross section or survey will be limited from toe of the creek to Surveying from toe of ditch to
60'beyond high bank(approximately 30'of width is assumed to be within wooded area and may need
surveying of trees. It is assumed only trees with 8"or larger caliper size would require to be surveyed.
• Cross section will include as minimum toe of the creek,water surface elevation, a point in the mid of
slope paving, high bank of the creek,a point at more or less 20'spacing in between high bank and
outer limit of the survey and at obvious grade breaks.
• Survey all topo and utility features within the limit including drainage structures/culverts(with type and
pipe size and flow line information)if any exist within the survey limit.
• Survey profile of the existing bridge faces at Kirby over the creek including but not limited to piers,
cross beams,girder, rails,vertical clearance, top of the paving, etc.
• Invert all manholes and inlets(if any)within the limit
• Limited clearing of the project site of brushes in order to survey within the tree/brush area if within the
project limit
• Prepare a survey control map
• Establish of design baseline(if different than survey baseline)in the field.
• Survey geotechnical and environmental boreholes(if any),A separate trip may be necessary for this
task
• Prepare a table for boreholes for use of the geotechnical/environmental consultants
• Completing City of Pearland check list, if any
Probing or any excavation work(Level A or B SUE)to obtain utility information is beyond the scope
of project.
It is our understanding that your office will be assisting in obtaining right of entry to the survey area
and as well utility and right-of-way record drawings.
Item-2: CAD Services for preparing plan and profile
Plan and profile will be done in accordance with the City of Pearland CAD standards as applicable in
AutoCAD or compatible format. In general our office will perform necessary field and office work for
the following items:
• Contact and coordinate with private utility companies and One Call System
• Contact and coordinate with the City, County, and Brazoria Drainage District to obtain available record
drawings on topo and utilities
• Delineate approximate ROW/boundary line typical of a topo survey. Any kind of boundary survey to
define ROW or boundary of the property is considered beyond the scope of this project.
• Prepare a Plan view in AutoCAD ver.2013 or higher showing all topo features, surveyed elevations,
estimated right-of-way line,easements,lot lines, side texts,manhole inverts information,etc.
• Prepare a Profile view in AutoCAD ver.2013 or higher showing ground lines, manholes, inlets, utility
lines(if any), etc.
• Prepare a DTM model with surveyed information to generate contour of the site
Deliverables:
Deliverables will be as follows:
• An AutoCAD drawing with topo and utility plan view of surveyed information
• An AutoCAD drawing with profile view of ground and utilities
• An AutoCAD drawing with DTM
• Signed and sealed survey control map
• ASCII files on surveying data
• Copy of the survey field book
September 19, 2016
Proposal for Survey
Page No. 3
FEES AND SCHEDULE:
The total fee is estimated as the lump sum amounts shown in the table below:
Item Description Fee(lump sum)
Item No. 1 Topographic Surveying $28,849.08
Item No.2 CAD Services in preparing plan and profile $6,227.54
Total $35,076.62
It is estimated that we would require 60 calendar days to complete the survey work
Sincerely,
kmM _
Shaheen Chowdhury, P.E., R.P.L.S.
President
September 19, 2016
Proposal for Survey
Page No. 4
Level of Efforts for survey 60'width from high bank
Principal RPLS Survey Tech CADD Crew Hrs Cost
Survey Tasks sub tasks Total
S205.17 $136.10 $76.81 S62.59 $153.62
Survey Control Tie to benchmark 1 2 3 $384.05
Setting controls 1 2 3 $384.05
Horizontal control work 1 2 4 7 $904.20
Vertical control work 1 3 16 20 $2,824.45
Preparing Survey 2 8 16 26 $1,888.12
control map
Setting center line 2 4 16 22 $3,037.36 $9,422.23
Topo Survey One Call coordination 2 2 S153.62
Staking for brush 1 2 8 11 $1,518.68
clearing
Limited brush clearing 13 $1,997.06
Surveying trail
alignment(Toe of ditch 2 4 32 38 $5,495.28
to highbank+60'beyond
high bank)
Tree survey(8"and 36 36 $5,530.32
bigger)
Bridge profile survey 1 4 5 S691.29
Manhole inverts 1 4 5 $691.29
Borehole survey 1 4 5 S691.29
QA/QC 8 4 12 $1,703.28 $18,472.11
Project Proj Management 2 4 5954.74 $954.74
Management
Total
$28,849.08
Level of Efforts for Preparing Plan&Profile Drawing
Tasks Sub tasks RPLS Survey CADD Abstractor Hrs Total Total
Tech
$136.10 $76.81 $62.59 $85.34
Plan& Utility coordination and 2 2 $153.62
Profile research
10 $853.40
Limited abstracting&research
Delineation of ROW 4 8 12 $1,158.88
Preparation of topo and utility 24 24 $1,502.16
plan
12 12 $751.08
Preparation of profile drawing
DTM/Contour 16 16 $1,228.96
QA/QC 1 4 5 5443.34
_ Project Management _ 1 1 5136.10
Total
$6,227.54
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CROUCH Ce, ENVIRONMENTAL
SERVICES, INC.
September 19,2016
Ms. Merrie Talley
Talley Landscape Architects, Inc.
P.O. Box 211
Orchard,Texas 77464
RE: Environmental Consulting Services Proposal
Shadow Creek Ranch Hike and Bike Trail
From East of Kingsley Drive to Kirby Drive
TxDOT CSJ 0912-31-292
City of Pearland, Brazoria County,Texas
Dear Ms.Talley:
Thank you for allowing Crouch Environmental Services, Inc. (CESI) the privilege of submitting a revised proposal to the Talley
Landscape Architects, Inc. (herein referred to as the client) to provide environmental consulting services associated with the
proposed construction of a hike and bike trail along Clear Creek in Brazoria County, Texas. Background information detailing our
current understanding of the proposed project is included below and is followed with our proposed scope of work and cost estimate
for conducting the proposed work activities.
BACKGROUND INFORMATION
Proposed Facilities
The proposed project would include the construction of approximately 4,700 linear feet of 10' wide hike and bike trail along the
southern bank of Clear Creek from east of Kingsley Drive to Kirby Drive. Users will be provided with trail heads, picnic and seating
nodes, shade structures, trail signage, trash receptacles, and drinking fountains. Landscaping and irrigation will be included. The
purpose of this project will be to fill an existing gap in the trail and provide pedestrian and bicycle commuters with safe, accessible
routes to retail,employment and community centers,as well as recreation and City facilities.
Project Funding
The project is funded by Federal Funds through the Houston-Galveston Area Council's Transportation Improvement Program (TIP)
and is subject to the requirements of federally funded transportation projects. The TxDOT project number is CSJ#0912-31-292. The
design will be locally managed by the City of Pearland with TxDOT reviewing and approving the Plans, Specifications, and Estimate
(PS&E) package. The City of Pearland plans to locally-let the project for construction and the entire project falls into TxDOT's LGPP
(local government participation project)guidelines.
SCOPE OF WORK
Task 1—Site Reconnaissance and Wetland Delineation
CESI will conduct site reconnaissance of the project area as necessary to collect information required to by TxDOT to identify
significant environmental features in the surrounding area. This task includes taking notes and on-site photographs of existing
environmental conditions present on the project site and obtaining various maps and other supporting data, as needed, to assist in
demonstrating environmental clearances for all TxDOT program areas as described in further detail under Task 3.
4
402 Teetshorn Street,Houston,Texas 77009 • p.713.868.1043 • f.713.863,7944 • www.crouchenvironmental.com
Ms.Merrie Talley
Environmental Consulting Services Proposal
Shadow Creek Hike and Bike Trail
Page 2 of 4
CESI will not conduct a wetland delineation on the project site nor will Section 404 or Section 10 permitting be required,per guidance
provided by the City of Pearland. Should it be determined that additional services are required to support the project, these services
may be provided under additional scope and fee.
Task 2-Formal TxDOT Scoping and CE Documentation
CESI will assist in the preparation of the formal project scope between TxDOT and the project sponsor, the City of Pearland. The
TxDOT form entitled "Project Scope for Categorical Exclusions' (TxDOT Form No. 110.01.SCP, Version 1, February 2014) will be
completed in close coordination with the TxDOT project manager.
CESI reviewed the TxDOT document entitled "Scoping Procedure for Categorically Excluded TxDOT Projects"(TxDOT Document
No. 610.01.SOP, Version 2, June 2014) to determine the information that will likely be required to receive clearance under a
Categorical Exclusion (CE). Under this scope of work, CESI will prepare a draft CE in alignment with current TxDOT procedure. It is
assumed that CESI will provide a maximum of one round of revisions to the CE documentation, and any additional revisions will be
provided under additional scope and fee.
Executed Memorandum of Understanding for Categorical Exclusions dated December 6,2013
According to the Memorandum of Understanding between the Federal Highway Administration, Texas Division and the Texas
Department of Transportation(State Assumption of Responsibility for Categorical Exclusions)executed on November 15, 2013 by
Texas Governor Rick Perry (herein referred to as "the Memorandum of Understanding' or "MOU"), the Federal Highway
Administration has assigned the State of Texas the responsibility for determining whether a proposed federal-aid action is within a
category of action that has been designated as a CE by the United States Department of Transportation Secretary.This assignment
includes activities that are listed in 23 CFR 771.117(c)and the example activities listed in 23 CFR 771.117(d)or any other activities
that are added to these polices after the date of execution of this MOU by FHWA through the rulemaking process. The MOU
transfers all responsibility for processing CEs designated in the above referenced policies to the State of Texas (TxDOT), including
any necessary CE approval actions. Those CE approval actions include responsibilities for environmental review, consultation, or
other related actions required under federal laws and Executive Orders that might be applicable. Activities listed in 23 CFR
771.117(c)are described as"C-List"CEs.The MOU does not require independent review of C-List CEs,therefore the TXDOT project
manager can review and approve the CE at the District level without additional review from TxDOT-ENV.This project would qualify
as a C-List CE under a"C(3)-Construction of bicycle and pedestrian lanes,paths,and facilities."
The following time and material not-to-exceed cost is for the tasks described above in the Scope of Work. Tasks will be billed on a
time and materials basis.
Task Mme and Materials Cost
Task 1 -Site Reconnaissance $3,312.38
Task 2-Formal TxDOT Scoping and CE Documentation $13,458.98
SUBTOTAL(Required) $16,771.36
DELIVERABLES
All deliverables will be submitted electronically in PDF format.
402 Teetshorn Street,Houston,Texas 77009 • p.71.3.868.1043 • f.713.863.7944 • www.crouchenvironmentaLcom
Ms.Merrie Talley
Environmental Consulting Services Proposal
Shadow Creek Hike and Bike Trail
Page 3 of 4
ASSUMPTIONS
This proposal presents the normal elements of environmental work that are typically required to complete this type of project. No
project task will be performed without the prior approval of the client, and only those costs associated with each task will be billed.
CESI makes the following assumptions regarding this proposal:
• CESI will not conduct a wetland delineation on the project site nor will Section 404 or Section 10 permitting be required, per
guidance provided by the City of Pearland.
• The client will provide CESI with right-of-entry to the project site prior to beginning fieldwork
• CESI will be provided shapefiles, CAD files, and/or Microstation files of the proposed trail alignment and all areas of
potential ground disturbance and vegetation clearing that are georeferenced in a mutually agreeable electronic format prior
to commencing fieldwork.
• CESI will be provided PDF plan and profile sheets of the project design prior to preparation of the CE.
• CESI will be provided CAD files and/or Microstation files of the project design schematic that are geo-referenced in a
mutually agreeable electronic format prior to preparing permit applications under Task 5.
• Should the project ROW be revised during or after fieldwork is complete, a change order will be required to reassess any
new ROW and incorporate findings into the reports.
• Should the project design require revision during or after the development of any permit applications/CE documentation, a
change order will be required to make appropriate changes to the application and supporting drawings.
• Up to three in-person meetings are anticipated under this scope of work within Harris County,Texas. Should any additional
in-person meetings be necessary, this can be accomplished at additional cost on a time and materials basis, following
written authorization from the client.
All items not included in this proposal can be performed, if required,through a separate cost proposal.
SCHEDULE
CESI can begin the work outlined in this proposal within one week of receipt of the Notice to Proceed. Scheduling of the remaining
tasks is subject to change based on client schedule,fieldwork results, meeting schedules, reproduction of data, and TxDOT workload
and manpower.
If you approve CESI to proceed with the services outlined in this proposal, please sign and return an executed copy of this entire
document to CESI indicating which tasks are initially authorized. Additional signed proposals indicating additional authorized tasks
can be submitted at a later date. Acceptance and signed approval of this proposal indicates acceptance of the attached General
Terms and Conditions and CESI's review process document entitled The Ten Steps of Work Product Preparation and Review."
CESI provides this proposal as our recommended approach to meeting the stated project objectives. Our approach is based on
many years of experience, and we anticipate that the project objectives will be met. However, CESI cannot and does not guarantee
the schedule required for regulatory agency action, approvals, and permitting. Agency requests for additional information, analyses,
and studies will require additional costs that would be borne by the Client. Permit requests may be denied, or offered in terms that
may not meet Client expectations. CESI's fees are due and payable independent of the success or failure of environmental
regulatory permit actions.
402 Teetshorn Street,Houston,Texas 77009 • p.713.868.1043 • 1.713.863.7944 • www.crouchenvironmentat.com
I
Ms.Merrie Talley
Environmental Consulting Services Proposal
Shadow Creek Hike and Bike Trail
Page 4 of 4
Thank you for requesting a proposal from us to assist you with this project. Please call me or Leslie Hollaway at(713) 868-1043 or
email me at leslie(a�crouchenvironmental.com if you have any questions.We look forward to working with you on this project.
Sincerely,
a
Leslie Hollaway
President
402 Teetshorn Street,Houston,Texas 77009 • p.713.868.1043 • f.713.863,7944 • www.crouchenvironmentat.com
WAs Used Contract No.
ATTACHMENT D
WORK AUTHORIZATION
D-1
WORK AUTHORIZATION NO.
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Landscape
Architecture Contract No. (the Contract) entered into by and between the City of Pearland,
and Talley Landscape Architects, Inc. (the Landscape Architect).
PART I. The Landscape Architect will perform landscape architecture and engineering services generally
described as Shadow Creek Ranch Trail in accordance with the project description attached hereto and made a
part of this Work Authorization. The responsibilities of the City and the Landscape Architect as well as the work
schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work
Authorization.
PART II. The maximum amount payable under this Work Authorization is $239,448.81 and the method of
payment is lump sum as set forth in Attachment E of the Contract. This amount is based upon fees set forth in
Attachment E, Fee Schedule, of the Contract and the Landscape Architect's estimated Work Authorization costs
included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization.
PART III. Payment to the Landscape Architect for the services established under this Work Authorization shall be
made in accordance with Articles 3 thru 5 of the contract, and Attachment A, Article 1.
PART IV. This Work Authorization shall become effective on the date of final acceptance of the parties hereto
and shall terminate on , unless extended by a supplemental Work Authorization as provided in
Attachment A, Article 1.
PART V. This Work Authorization does not waive the parties' responsibilities and obligations provided under the
Contract.
IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted
and acknowledged below.
TALLEY LANDSCAPE ARCHITECTS, INC THE CITY OF PEARLAND
(Signature) (Signature)
(Printed Name) (Printed Name)
(Title) (Title)
(Date) (Date)
LIST OF EXHIBITS
Exhibit A Services to be provided by the City
Exhibit B Services to be provided by the Landscape Architect
Exhibit C Work Schedule
Exhibit D Fee Schedule/Budget
Exhibit H-2 Subprovider Monitoring System Commitment Agreement
Engineering—Engineering_SpecDelwWA.doc Page 1 of 1 Attachment D-1
WAs Used Contract No.
ATTACHMENT D
D-2
SUPPLEMENTAL WORK AUTHORIZATION NO.
WORK AUTHORIZATION NO.
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5
Contract No. hereinafter identified as the "Contract," entered into by and between the
City of Pearland, and Talley Landscape Architects, Inc. (the Landscape Architect).
The following terms and conditions of Work Authorization No. are hereby amended as follows:
This Supplemental Work Authorization shall become effective on the date of final execution of the parties
hereto. All other terms and conditions of Work Authorization No. not hereby amended are to remain in
full force and effect.
IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and
hereby accepted and acknowledged below.
TALLEY LANDSCAPE ARCHITECTS, INC. THE CITY OF PEARLAND
(Signature) (Signature)
(Printed Name) (Printed Name)
(Title) (Title)
(Date) (Date)
Engineering—Engineering_SpecDelwWA.doc Page 1 of 1 Attachment D-2
WAs Used Contract No.
ATTACHMENT E
FEE SCHEDULE
(Final Cost Proposal)
This attachment provides the basis of payment and fee schedule. The basis of payment for this
contract is indicated by an "X" in the applicable box. The basis shall be supported by the Final
Cost Proposal (FCP) shown below. If more than one basis of payment is used, each one must be
supported by a separate FCP.
"X" Basis
The lump sum shall be equal to the maximum amount payable. The lump sum
_X_ Lump Sum includes all direct and indirect costs and fixed fee. The Landscape Architect
shall be paid pro rata based on the percentage of work completed. For payment
the Landscape Architect is not required to provide evidence of actual hours
worked, travel, overhead rates or other evidence of cost.
The unit cost(s) for each type of unit and number of units are shown in the FCP.
Unit Cost The unit cost includes all direct and indirect costs and fixed fee. The Landscape
Architect shall be paid based on the type and number of units fully completed
and the respective unit cost. For payment, the Landscape Architect is not
required to provide evidence of actual hours worked, travel, overhead rates or
any other cost data. The FCP may include special items, such as equipment
which are not included in the unit costs. Documentation of these special costs
may be required. The maximum amount payable equals the total of all units
times their respective unit cost plus any special direct items shown.
The specified rates for each type of labor are shown in the FCP below. The FCP
Specified may include special items, such as equipment which are not included in the
Rate Basis specified rates. Payment shall be based on the actual hours worked multiplied
by the specified rate for each type of labor plus other agreed to special direct
cost items. The specified rate includes direct labor and indirect cost and fixed
fee. The State may request documentation of reimbursable direct costs
including hours worked. Documentation of special item costs may be required.
The specified rate is not subject to audit.
Payment shall be based on direct and indirect costs incurred plus a pro rata
Cost Plus share of the fixed fee based on the ratio of labor and overhead cost incurred to
Fixed Fee total estimated labor and overhead cost in the FCP or the percentage of work
completed. The invoice must itemize labor rates, hours worked, other direct
costs and indirect costs. The Landscape Architect may be required to provide
documentation of hours worked and any eligible direct costs claimed. The
provisional overhead rate charged is subject to audit and adjustment to actual
rates incurred. The FCP below shows the hourly rates for labor, other direct
expenses including but not limited to travel and allowable materials, provisional
overhead rate and the fixed fee.
A. Actual Cost Plus Fixed Fee - Actual wages are paid (no minimum,
no maximum. This option does not apply to Indefinite Deliverable
Contracts.)
B. Range of Cost Plus Fixed Fee — Actual wages must be within the
allowable range shown on the Final Cost Proposal.
Engineering—Engineering SpecDelwWA.doc Page 1 of 2 Attachment E
WAs Used Contract No.
ATTACHMENT E - FEE SCHEDULE
Final Cost Proposal (FCP) Supporting Basis of Payment
* The MAXIMUM AMOUNT PAYABLE is $239,448.81
The maximum amount payable is based on the following data and calculations:
* The maximum amount payable must be based on the contract scope. The work authorization fee
schedules will be derived from this attachment.
Engineering—Engineering_SpecDelwWA.doc Page 2 of 2 Attachment E
Prime: Talley Landscape Architects, Inc
Pearland Contract # / TLA #113.4
TxDOT #CSJ 0912-31-292
EXHIBIT E - FEE SCHEDULE
Method of Payment
SHADOW CREEK RANCH - HIKE & BIKE TRAILS
CITY OF PEARLAND
TALLEY LANDSCAPE ARCHITECTS, INC (TLA)
TLA DIRECT REIMBURSABLE EXPENSES
HDR ENGINEERING, INC (HDR)
$96,791.61
$8,084.00
HDR DIRECT REIMBURSABLE EXPENSES
CROUCH ENVIRONMENTAL SERVICES, INC (CROUCH)
,KUO & ASSOCIATES, INC (KUO)
PROJECT GRAND TOTA
$81,137.72'
$1,587.50
$16,771.36
$35,076.62
$239,448.81
EXHIBIT E - FEE SCHEDULE (Talley Landscape Architects, Inc.)
Shadow Creek Ranch - Hike and Bike Trails for City of Pearland
PRIME PROVIDER NAME: Talley Landscape Architects, Inc.
CONTRACT NUMBER TLA 113.4 [TxDOT CSJ 0912-31-292]
PROJECT NAME: Shadow Creek Ranch Hike and Bike Trails from east of Kingsley Dr. to Kirby Dr, City of Pearland, Brazoria County, Texas
Principal
Manager
Project
Project
Landscape
Architect
Design
Operator
CARD
Clerical
Total
Hours
&
Labor
Costs
TASK DESCRIPTION
1
Project Management
and
Conceptual
Plans - 30%
A
Manage & Coordinate Team (Approximately 18 Months)
18
144
36
198
and Survey Field Work
4
2
6
B
Trigger Environmental
C
Conceptual Design of Trail
2
8
16
24
50
D
Conceptual Design of Trailheads & Plazas, Rest Stops, Amenities and Signage
2
8
24
32
66
E
Prepare and Submit 30% -Plans & Cost Estimate, Outline of Specs
1
4
8
16
2
31
F
Site Visits (3)
10
10
20
G
2 Meetings with Client
2
6
6
2
16
HOURS SUB -TOTALS 1
25
184
64
72
42
1
387
2
Construction
Documents
to
60%
A
Modify plans according to review Comments
1
2
8
8
19
B
Submit Special Specifications Sections
1
4
2
7
C
Continue Development of Project
2
8
64
80
2
156
D
Resolution of Grading and Drainage including incorporation of Brazoria County PD Requirements
2
8
8
18
E
Prepare and Submit - 60% Plans and Cost Estimates
1
4
8
16
2
31
F
Prepare Draft of Specifications
2
8
10
G
QA/QC
2
4
6
H
2 Team Meetings
2
2
4
3
11
12
Client Meetings _
2
3
3
4
2
14
HOURS SUB -TOTALS ' 9
29
83
108
17 I 246
TLA
Page 2 of 9
3
Construction
Documents
to 90%
A
Modify plans according to review Comments
1
2
8
11
B
Continue Development of Details
4
30
81
115
& Coordination of Civil with Landscape Documents
C
Prepare Draft of Whole Project
Manual
2
8
16
24
50
D
Prepare and Submit - 90% Plans and Cost Estimates
2
4
8
20
4
38
E
QA/QC
2
4
6
F
2 Team Meetings
2
4
2
8
G
2 Client Meetings
2
3
3
4
2
14
HOURS SUB -TOTALS I 6
23
61
109
32 I 231
4 '<
Construction
Documents
to 95% and 100%
A
Modify plans according to review Comments
1
2
8
2
13
B
Finalize Project
Manual
2
4
8
8
22
C
Finalize Plans and Bid Forms
2
8
8
4
22
D
Confirm Environmental is complete and submitted
2
2
E
QA/QC and Review Whole Set
2
2
F
Prepare and Submit - 95% Plans, Cost Estimates and Bid Form
1
2
8
11
G
1 Client Meetings
2
2
4
H
Final QA/QC
1
1
2
2
6
I
Sign, Seal, Print and Submit 100% Construction
1
2
6
6
15
Documents
HOURS SUB -TOTALS ' 8
22
18
16
20 I 84
5
Bid
Phase Services
A
Attend Pre -Bid conference
4
4
8
8
Prepare Minutes to Client, Issue Clarifications
4
4
2 10
c
Evaluate bids received and furnish recommendations to Client
2
4
2 8
HOURS SUB -TOTALS I 10
12
0
0
4 I 26
TLA
Page 3 of 9
Operator
CADD
Clerical
Total
Project
Landscape
Architect
Design
Manager
Project
MANHOUR
COST
SUMMARY
Principal
PROJECT
MANAGEMENT
AND
CONCEPTUAL
PLANS
- 30%
25
184
64
72
42
387
CONSTRUCTION
DOCUMENTS
TO
60%
9
29
83
108
17
246
CONSTRUCTION
DOCUMENTS
TO
90%
6
23
61
109
32
231
CONSTRUCTION
DOCUMENTS
TO 95%/100%
8
22
18
16
20
84
CONTRACT
PHASE
-
BIDDING
10
12
0
0
4
26
TOTAL
HOURS
58
270
226
305
115
974
MANHOUR
RATES
$65.00
$40.00
$35.00
$27.50
$20.30
TOTAL
DIRECT
LABOR
COSTS
$3,770.00
$10,800.00
$7,910.00
$8,387.50
$2,334.50
$33,202.00
FEE SUMMARY
PROJECT MANAGEMENT AND CONCEPTUAL PLANS - 30%
CONSTRUCTION DOCUMENTS TO 60%
CONSTRUCTION DOCUMENTS TO 90%
CONSTRUCTION DOCUMENTS TO 95%/100%
CONTRACT PHASE - BIDDING
TOTALS
HOURS
387
246
231
84
26
974
DIRECT LABOR
$13,973.60
$7,931.10
$7,028.10
$2,836.00
$1,203.20
$32,972.00
OVERHEAD +'
PROFIT
$27,046.881
$15,351.20
$13,603.38!,
$5,489,28I
$2,328.88
$63,819.61
TOTAL
$41,020.48
$23,282.30
$20,631.48
$8,325.28
$3,532.08
$97,765.61
OH=1.6687
Profit=10%
OTHER
DIRECT
EXPENSES
(COMPLETE
IN
ACCORDANCE
WITH
YOUR
CONTRACT)
#
OF
UNITS
COST/UNIT
Totals
TDLR
Fees
$1,385.00
Mileage
(# of
miles)
(current
State
rate)
600
$0.57
$339.00
8.5 X 11
B/W
PAPER
COPIES
(10
cents
a copy)
600
$0.60
$360.00
11
X 17
B/W
PAPER
COPIES
(20
cents
a copy)
1250
$1.80
$2,250.00
8.5 X 11
COLOR
PAPER
COPIES
600
$0.75
$450.00
11
X 17
COLOR
PAPER
COPIES
1250
$2.00
$2,500.00
Mylars
($3.00
sheet)
75
$8.00
$600.00
LOCAL
DELIVERY
(10
at
$20.00)
10
$20.00
$200.00
PARKING
$10.00
_
$0.00
SUBTOTAL DIRECT EXPENSES
$8,084.00
i7. -.. ..
TALLEY LANDSCAPE ARCHITECTS, INC SERVICES (TLA)
TLA DIRECT EXPENSES
mir
$96,791.61
$8,084.00
GRAND TOTAL $104,875.611
$96,791.61
1.612975
$63,819.61
$6,119.61
$66,042.92
$96,791.61
$96,791.61
TLA
Page 4 of 9
EXHIBIT E - FEE SCHEDULE (Talley Landscape Architects, Inc.)
Shadow Creek Ranch - Hike and Bike Trails for City of Pearland
PRIME PROVIDER NAME: Talley Landscape Architects, Inc.
CONTRACT NUMBER• TLA 113.4 [TxDOT CSJ 0912-31-292]
PROJECT NAME: Shadow Creek Ranch Hike and Bike Trails from east of Kingsley Dr. to Kirby Dr., City of Pearland, Brazoria County, Texas
HDR ENGINEERING TASK DESCRIPTION
SHADOWCREEK TRAIL DESIGN SERVICES
Proj Mng
Sr Engr
Proj Engr
EIT
Sr Tech
Engr Tech
Clerical
Total
1
ROUTE
AND
DESIGN
STUDIES
(FC
110)
4
8
12
A
OBTAIN
AND
REVIEW
SURVEY
DATA
FROM
PRIME
12
16
34
B
PREPARE
PRELIMINARY
TRAIL
ALIGNMENT
ON
AERIAL
6
10
20
C
MAKE
3
SITE
VISITS
10
6
4
16
D
ATTEND
2
PUBLIC
MEETINGS
6
0
32
0
28
0
82
ROUTE
AND
DESIGN
SUBTOTAL
22
0
2
RIGHT-OF-WAY
DATA
(FC
130)
4
3
7
A
PLACE
UTILITY
DATA
PROVIDED
ON
MAPS
0
0
0
4
0
3
0
7
RIGHT
OF
WAY
SUBTOTAL
3
ROADWAY
DESIGN
160)
(FC
2
6
12
J
20
A
PREPARE
TYPICAL
SECTIONS
16
120
80
216
B
PREPARE
TRAIL
LAYOUT
SHEETS
8
40
30
78
C
PREPARE
TRAIL
PROFILE
2
40
42
D
PREPARE
CROSS
SECTIONS
(100'
INTERVALS)
28
0
40
166
0
122
0
356
ROADWAY
DESIGN
SUBTOTAL
4
DRAINAGE
DESIGN
161)
(FC
A
EVALUATE
EXISTING
DRAINAGE
AREAS
8
8
B
DETERMINE
SIZE
OF
DRAINAGE
STRUCTURES
4
16
20
C
COORDINATE
WITH
BDD
#4
10
10
4
24
D
PREPARE
P&P
SHEETS
WITH
DRAINAGE
STRUCTURES
2
10
16
28
E
PREPARE
SW3P
SHEETS
1
8
8
17
DRAINAGE
DESIGN
SUBTOTAL
17
0
44
8
0
28
0
97
5
MISCELLANEOUS
163)
(FC
A
PREPARE
TRAFFIC
CONTROL
PLANS
1
3
3
7
B
SELECT
STANDARD
DETAILS
TO
BE
USED
2
2
C
PREPARE
QUANTITY
SHEETS
6
6
D
COMPLETE
COST
ESTIMATE
AT
30,
60,
90,
95
AND
100%
SUBMITTAL
10
10
20
E
PREPARE
SPECIFICATIONS,
MANUAL
4
12
12
28
F
PROGRESS
REVIEW
MEETINGS
WITH
CITY
STAFF
6
12
G
QA/QC
OF
EACH
SUBMITTAL
REVIEWS)
(5
30
MISCELLANEOUS
SUBTOTAL
0
31
0
9
12
105
6
BID
PHASE
A
ATTEND
PRE
BID
CONFERENCE
4
4
8
B
ANSWER
QUESTIONS
FROM
CONTRACTORS
6
6
12
BID
PHASE
SUBTOTAL
10
0
0
10
0
0
0
20
Page 5
HDR NEW
MANHOUR
COST
SUMMARY
EIT
Sr
Tech
En
g
r
Tech
Clerical
Total
Proj
Mng
Sr
En
gg
r
Proj
En
r
SHADOWCREEK
TRAIL
DESIGN
SERVICES
0
32
0
0
0
28
0
82
1
ROUTE
AND
DESIGN
STUDIES
(FC
110)
22
0
0
4
0
0
0
3
0
7
2
RIGHT-OF-WAY
DATA
130)
0
0
(FC
r
40
166
0
0
0
122
0
356
3
ROADWAY
DESIGN
160)
28
0
(FC
44
8
0
0
0
28
0
97
4
DRAINAGE
DESIGN
(FC
161)
17
0
0
31
0
0
0
9
12
105
5
MISCELLANEOUS
163)
28
25
(FC
0
10
0
0
0
0
0
20
6
BID
PHASE
10
0
84
251
0
0
TOTAL
HOURS
105
25
0
190
12
667
$ 42
00
$ 35.00
$ -
$ 38.00
$ 20
00
$ 43.48
MANHOUR
RATES
$ 70.00
$ 75.00
$ 3,528
00
$ -
$ -
$ -
$ 7,220.00
$ 240.00
$ 28,998.00
$ 8,785.00
TOTAL
DIRECT
LABOR
COSTS
$ 7,350.00
$ 1,875.00
TOTAL
$
10,216.05
HOURS
82
EXPENSES
DIRECT
LABOR
OH
+
PROFIT
$6,492
05
LABOR
FEE
SUMMARY
$ 3,724
00
1
ROUTE
AND
DESIGN
STUDIES
(FC
110)
$ 254.00
$442
80
$
696.80
7
2
RIGHT-OF-WAY
DATA
(FC
130)
356
$ 14,086.00
$24,556
12.
$ 38,642.12
3
ROADWAY
DESIGN
(FC
160)
$ 4,382
00
$ 12,021.14
97
$7,639.14
4
DRAINAGE
DESIGN
(FC
161)
105
$ 5,502
00
$9,591.64
$ 15,093.64
5
MISCELLANEOUS
163)
(FC
20
$ 1,050.00
$1,830.47
$ 2,880.47
6
BID
PHASE
$ 28,998.00
$ 50,552.22
TOTALS
667
$ 1,587.50
$
81,137.72
OH=1.4939
Profit=10%
MILEAGE
DELIVERY
COPIES
COPIES
MYLAR
EXPENSE
(at
cost)
(LETTER)
(LEDGER)
(at
(at
cost)
cost)
($0.575/mile)
PLOT
TOTAL
EXPENSE
COST
SUMMARY
$ -
500
$ 287.50
$ 287.50
miles
at
.575
deliveries
$20
00)
$ 200.00
$ 200.00
(10
at
11)
2000
10
$ 200.00
$ 200.00
copies
(8.5 x
-
at
cents
a copy
$ 600.00
$
600.00
17)
3000
20
copies
(11
x
-
at
cents
a
copy
$3.00
$ 300.00
$ 300.00
mylars
(100
at
sheet)
$ -
$ -
$ 200.00
$ 200.00
$
600.00
TOTALS
$ 287.50
$ 300.00
$ 1,587.50
Page 6
HDR NEW
PRIME PROVIDER NAME: Talley Landscape Architects, Inc.
CONTRACT NUMBER: TLA 113.4 [TxDOT CSJ 0912-31-292 ]
PROJECT NAME: Shadow Creek Ranch Hike and Bike Trails from east of Kingsley Dr. to Kirby Dr., City of Pearland, Brazoria County, Texas
Deliverables
L. I Vl lllAL"'l I AL"' I �iLA/Wii
Total
1.
Site
Reconnaissance
rr
and
nritmnntatinn
Hours
Cos_
t
Position
Basic
Labor
Rates
Hours
Cost
Hours
Cost
6
$ 351.00
Principal
2
$ 117.00
4
$ 234.00
$58.50
Senior
Project
24
$ 978.00
63
$ 2,567
25
87
$ 3,545
25
Manager
$40.75
$ -
30
$ 825
00
30
$ 825
00
Senior
Environmental
Planner/Scientist
$27
50
$ -
4
$ 163.00
4
$ 163.00
Senior
Communications
Specialist
$40.75
$ -
24
$
660.00
I 24
$
660.00
Associate
Public
Involvement
Specialist
$27
50
26
$ 1,095.00
125
$ 4,449.25
151
$ 5,544
25
DIRECT
LABOR
SUBTOTAL
Units
Cost
Units
Cost
Units
Cost
Miscellaneous
Rates
-Supplies
Rate
$ -
$ -
$
$ -
$ -
$ -
8.5X11"
B&W
photocopy,
plain
paper
$
0.15
-
$ -
$ -
-
$ -
11
X17"
B&W
photocopy,
plain
paper
$
0
20
Mileage
$
0.54
$ -
$ -
-
$ -
$ -
$ -
$ -
11
X17"
Color,
photocopy,
plain
paper
$ 1.00
-
$ -
-
$ -
$ -
DIRECT
COST
SUBTOTAL
WITH PROFIT COST TOTAL (10%)
$ 3,312.38
13,458.98
16,771.36
EXHIBIT E - FEE SCHEDULE (Talley Landscape Architects, Inc.)
Shadow Creek Ranch - Hike and Bike Trails for City of Pearland
PRIME PROVIDER NAME: Talley Landscape Architects, Inc.
CONTRACT NUMBER TLA 113.4 [TxDOT CSJ 0912-31-292]
PROJECT NAME: Shadow Creek Ranch Hike and Bike Trails from east of Kingsley Dr. to Kirby Dr., City of Pearland, Brazoria County, T
a !SURVEYING TASK
Kuo & Associates
Total
4,000
ft
• • , • . • - 'ra
Tasks
Sub
tasks
Principal
RPLS
SIT
CADD
ABSTRACTOR
Total
Hours
& Costs
Plan
&
Profile
Utility
coordination
and
research
2
2
Limited
abstracting
7 research
10
10
Delineation
of
ROW
4
8
12
Preparation
of
topo
and
utility
plan
24
24
Preparation
of
profile
drawing
12
12
DTM/Contour
16
16
QA/QC
1
4
5
Project
Management
1
1
HOURS
SUB
-TOTALS
0
6
30
36
10
82
Raw
Rate
$72.12
$47.84
$27.00
$22.00
$30.00
VVIV 11\!'11r/'1 1 1\1 L I LIN
It'll ,�
$205.17
$136
10
$76.81
$62.59
$85
34
Labor
Cost
at
Raw
Rate
$287
04
$810.00
$792.00
$300.00
$2,189.04
TOTAL
LABOR
COSTS
$816.60
$2,304.30
$2,253.24
$853.40
$6,227.54
- - - SUBTOTAL alThrn & Profile)
a
4000 LF
�t?.i 1„--tr7r-..'" Cr'{ri"tri-°fr-7:Til
i'," i's":fit-g5;1-
Survey
Tasks
Sub
tasks
Principal
RPLS
SIT
CADD
Crew
Total
Hours
& Costs
Survey Control
Tie
to
benchmark
1
2
3
Setting
controls
1
2
3
Horizontal
control
work
1
2
4
7
Vertical
control
work
1
3
16
20
Preparing
Survey control
map
2
I
8
16
26
Setting
center
line
2
4
16
22
HOURS SUB
-TOTALS
0
6
19
16
40
81
Raw
Rate
$72.12
$47.84
$27.00
$22.00
$54.00
CONTRACT
RATE
PER
$205.17
$136.10
$76 81
$62.59
$153.62
Labor
Cost
at
Raw
Rate
$287.04
$513.00
$352
00
$2
160.00
$3,312.04
TOTAL
LABOR
COSTS
$816.60
$1,459.39
$1,001.44
$6,144.80
$9,422.23
SUBTOT(SU-
ey onr•
Survey
Tasks
Sub
tasks
Principal
RPLS
SIT
CADD
Crew
Total
Hours
& Costs
Topo
Survey
One Call
coordination
2
2
Staking
for
brush clearing
1
2
8
11
Limited
brush
clearing
13
13-
Surveying
trail
alignment
(Toe
of ditch
to
highbank+60'
beyond
2
4
32
38
Tree survey
(8" and
bigger)
36
36
Bridge
profile
survey
1
4
5
Manhole
inverts
1
4
5
Borehole
survey
1
4
5
QA/QC
8
4
12
HOURS
SUB
-TOTALS
0
11
11
0
105
127
Raw
Rate
$72.12
$47 84
$27 00
$22.00
$54.00
CONTRACT
RATE
PER
$205.17
$136.10
$76.81
$62.59
$153.62
Labor
Cost
at
Raw
Rate
$526.24
$297.00
$5
670.00
$6,493.24
TOTAL
LABOR
COSTS
$1,497.10
$844.91
$16,130
10
$18,472.11
SUBTOTAL . .••
.
Project
Management
Principal
RPLS
SIT
CADD
Crew
Total
Hours
& Costs
HOURS
SUB
-TOTALS
2
4
6
Raw
Rate
$72.12
$47.84
$27.00
$22.00
$54.00
CONTRACT
RATE
PER
$205.17
$136
10
$76.81
$62.59
$153
62
Labor
Cost
at
Raw
Rate
$144.24
$191.36
$335.60
TOTAL
LABOR
COSTS
$410.34
$544.40
$954.74
SUBTOTAL (Pro'ect Mana • ement
i'
TASK DESCRIPTION SUMMARY
Plan & Profile
Survey Control
Topo Survey
Project Management
UBTOT , PENSES
i
82
81
127
0
$6,227.54
$9,422.23
$18,472.11
$954.74
KUO Page 8 of 9
WAs Used Contract No.
ATTACHMENT F
Work Schedule
Engineering—Engineering_SpecDelwWA.doc Page 1 of 1 Attachment F
ID
1
2
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
0
Task
Mode
e It
=1
•
Task Name
Overall Project
City Council Award
Team Meetings
Surveying
Environmental Site Work
Conceptual Plans to 30%
Prepare Request to TXDoT for
Categorical Exclusion
30% Design Review
TXDoT Response to Cat. Excl.
Construction Docs to 60%
CSI Response to TXDoT
60% Design Review
TXDoT Review CSI Response (Upload
to ECOS - avg. 30-45 days)
TXDoT Issue NEPA Clearance
Construction Docs to 90%
90% Design Review
Construction Docs to 95%
95% Signed/Sealed to TXDoT
95% Signed/Sealed to City
95% Signed/Sealed to Permit
TXDoT Letter of Authorization
Advertise/Letting by City
Construction
Project: 16.12.19 SCR Trail Projec
Date: Mon 12/19/16
Duration
36.65 mons
0 days
522 days
29 days
14 days
33 days
45 days
30 days
45 days
61 days
22 days
30 days
60 days
0 days
61 days
30 days
31 days
150 days
30 days
45 days
0 days
30 days
180 days
Start
Finish
Tue 11/1/16 Sat 11/3/18
Mon 12/19/16 Mon 12/19/16
Thu 1/5/17 Sun 6/10/18
Mon 1/16/17 Mon 2/13/17
Mon 1/16/17 Sun 1/29/17
Mon 2/6/17 Fri 3/10/17
Mon 3/13/17 Wed 4/26/17
Sat 3/11/17
Thu 4/27/17
Mon 4/10/17
Sun 6/11/17
Sat 6/10/17
Mon 7/3/17
Fri 9/1/17
Mon 7/10/17
Sat 9/9/17
Mon 10/9/17
Thu 11/9/17
Thu 11/9/17
Sat 12/9/17
Mon 4/9/18
Mon 4/9/18
Wed 5/9/18
Sun 4/9/17
Sat 6/10/17
Fri 6/9/17
Sun 7/2/17
Sun 7/9/17
Thu 8/31/17
Fri 9/1/17
Fri 9/8/17
Sun 10/8/17
Wed 11/8/17
Sat 4/7/18
Fri 12/8/17
Mon 1/22/18
Mon 4/9/18
Tue 5/8/18
Sun 11/4/18
4th Quarter
Oct Nov Dec
1st Quarter
Jan Feb
Mar
2nd Quarter
Apr May
3rd Quarter
Jun
Jul Aug
4th Quarter
Sep
Oct Nov
Dec
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov j
kiasSismanessiban
12/19
00 0
O O O O 00 0 0
;9/1
j r 4/9
Task
Split
Milestone
Summary
11111111111111111111111111
♦
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration -only
Manual Summary Rollup
Manual Summary Y
Start -only e
Finish -only 5
Deadline
Y Progress
3
Page 1
WAs Used Contract No.
ATTACHMENT G
Computer Graphics Files for Document and Information Exchange
I
Engineering—Engineering_SpecDelwWA.doc Page 1 of 1 Attachment G
WAs Used Contract No.
Attachment H Instructions
The following pages contain six(6)different Exhibits to Attachment H covering participation of HUB and DBE
providers and subproviders. The correct form to use is determined by whether the contract is funded in whole
or part by federal funds or state funds, and whether or not a HUB/DBE goal has been set for the contract. The
following pages contain separate reporting forms for federally funded DBE participation and state funded HUB
participation. Select the forms that are appropriate for your contract and delete the rest along with these
instructions from the final contract.
Federally Funded Contracts
Attachment H-FG,Disadvantaged Business Enterprise(DBE)for Federal Funded Professional
or Technical Services Contracts
♦ This provision is applicable to federally funded contracts with assigned DBE goals.
• The appropriate forms for this provision are Exhibits H-1,H-2,H-3 and H-4 and H-5. A copy of
each form is required in the contract.
♦ Note: if the contract requires work authorizations,a completed Exhibit H-2 will be required with
each Work Authorization,if a DBE will be performing work. If a non-DBE subprovider is used,
insert N/A(not applicable)on the line provided on the H-2 form.
• Exhibit H-3 must be submitted monthly to the Business Opportunity Programs Office at(512)
486-5519(fax number) even if there is no invoice being submitted or subcontracting to report.
♦ Exhibit H-3 must be submitted with each invoice to the appropriate agency contact for payment.
Attachment H-FN,Disadvantaged Business Enterprise(DBE)for Race Neutral Professional or
Technical Services Contracts
♦ This provision is applicable to federally funded contracts with no DBE goal assigned.
♦ If no subcontractors will be used, the appropriate forms for this provision are Exhibits H-3 and H-
5. A copy of each form is required in the contract.
• Note: If subcontractors are used,the required forms would be Exhibits H-1,H-2,H-3, H-4 and
H-5. A copy of each form is required in the contract.
• Exhibit H-3 must be submitted monthly to the Business Opportunity Programs Office at(512)
486-5519(fax number) even if there is no invoice being submitted or subcontracting to report.
♦ Exhibit H-3 must be submitted with each invoice to the appropriate agency contact for payment.
Exhibit H-3,Texas Department of Transportation Subprovider Monitoring System for
Federally Funded Contracts. This is a Monthly Progress Assessment Report.
• Required for all federally funded contracts.
♦ This form is required monthly and must be submitted to the Business Opportunity Programs
Office at(512)486-5519(fax number)even if there is no invoice being submitted or
subcontracting to report.
♦ This form must be submitted with each invoice to the appropriate agency contact for payment.
Exhibit H-5,Federal Subprovider and Supplier Information
Required for all federally funded contracts.
Page 1 of 2 Attachment H Instructions
Revised 04/06
WAs Used Contract No.
State Funded Contracts
Attachment H-SG,Historically Underutilized Business (HUB)for State Funded Professional or
Technical Services Contracts,State of Texas HUB Subcontracting Plan Required
• This provision is applicable to state funded contracts with a HUB goal assigned.
• The appropriate reporting forms for this provision are Exhibits H-1,H-2,H-4, and H-6(Texas
Facilities Commission[TFC] State of Texas HUB Subcontracting Plan(HSP),Prime Contractor
Assessment Report). A copy of each form is required in the contract.
♦ Note: if the contract requires work authorizations, a completed Exhibit H-2 will be required with
each Work Authorization, if a HUB will be performing work. If a non-HUB subprovider is used,
insert N/A(not applicable)on the line provided on the H-2 form.
♦ Exhibit H-6 will be required monthly and must be submitted to the Business Opportunity Programs
Office at(512)486-5519(fax number)even if there is no invoice being submitted or
subcontracting to report.
• Exhibit H-6 must be submitted with each invoice to the appropriate agency contact for payment.
Attachment H-SN,Historically Underutilized Business(HUB) Participation for State Funded
Professional or Technical Services Contracts,No State of Texas HUB Subcontracting Plan
Required
♦ This provision is applicable to state funded contracts with no HUB subcontracting plan required
and no HUB goal assigned. If no subcontractors are used,the appropriate forms for this provision
are Exhibits H-1 and H-6.
• Note: If subcontractors are used,the required forms would be Exhibits H-1, H-2, H-4 and H-6. A
copy of each form is required in the contract.
• Exhibit H-6 must be submitted monthly to the Business Opportunity Programs Office at(512)486-
5519(fax number)even though there is no invoice being submitted or subcontracting to report.
♦ Exhibit H-6 must be submitted with each invoice to the appropriate agency contact for payment.
Exhibit H-6,HUB Subcontracting Plan(HSP) Prime Contractor Professional Assessment
Report. This is a Monthly Progress Assessment Report. This is a Texas Facilities Commission
(TFC)form and cannot be altered.
• Required for all State funded contracts.
• Exhibit H-6 is required monthly and should be submitted to the Business Opportunity Programs
Office through a fax to(512)486-5519. This is a requirement even though there is no invoice
being submitted or subcontracting to report.
• A copy of Exhibit H-6 must be submitted when supplying an invoice to the appropriate agency
contact for payment.
• The"Object Code"section(s)on this form should remain blank.
Page 2 of 2 Attachment H Instructions
Revised 04/06
Contract No.
ATTACHMENT H-FG
Disadvantaged Business Enterprise(DBE)
for Federal-Aid Professional or Technical Services Contracts
1) PURPOSE. The purpose of this attachment is to carry out the U.S.Department of Transportation's (DOT)
policy of ensuring nondiscrimination in the award and administration of DOT assisted contracts and creating a
level playing field on which firms owned and controlled by minority or socially and economically disadvantaged
individuals can compete fairly for DOT assisted contracts.
2) POLICY. It is the policy of the DOT and the Texas Department of Transportation(henceforth the
"Department")that Disadvantaged Business Enterprises(DBEs)as defined in 49 CFR Part 26, Subpart A and the
Department's Disadvantaged Business Enterprise Program,shall have the opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds. Consequently,the Disadvantaged
Business Enterprise requirements of 49 CFR Part 26,and the Department's Disadvantaged Business Enterprise
Program,apply to this contract as follows.
a. The Provider will offer Disadvantaged Business Enterprises,as defined in 49 CFR Part 26, Subpart A and
the Department's Disadvantaged Business Enterprise Program,the opportunity to compete fairly for
contracts and subcontracts financed in whole or in part with Federal funds. In this regard,the Provider shall
make a good faith effort to meet the Disadvantaged Business Enterprise goal for this contract.
b. The Provider and any subprovider(s)shall not discriminate on the basis of race,color,national origin,or sex
in the performance of this contract. The Provider shall carry out applicable requirements of 49 CFR Part 26
in the award and administration of DOT assisted contracts. The requirements of this Special Provision shall
be physically included in any subcontract.
c. When submitting the contract for execution by the Department,the Provider must complete and furnish
Exhibit H-1 which lists the commitments made to certified DBE subprovider(s)that are to meet the contract
goal and Exhibit H-2 which is a commitment agreement(s)containing the original signatures of the Provider
and the proposed DBE(s). For Work Authorization Contracts,Exhibit H-1 is required at the time of
submitting the contract for execution by the Department. Exhibit H-2 will be required to be completed and
attached with each work authorization number that is submitted for execution,if the DBE will be performing
work. Any substitutions or changes to the DBE subcontract amount shall be subject to prior written approval
by the Department. If non-DBE subprovider is performing work,insert N/A(not applicable)on the line
provided.
d. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and
may result;in termination of the contract by the Department; in a deduction of the amount of DBE goal not
accomplished by DBEs from the money due or to become due to the Provider,not as a penalty but as
liquidated damages to the Department; or such other remedy or remedies as the Department deems
appropriate.
3) DEFINITIONS.
a. "Department"means the Texas Department of Transportation(TxDOT).
b. "Federal-Aid Contract"is any contract between the Texas Department of Transportation and a Provider
which is paid for in whole or in part with U. S.Department of Transportation(DOT)financial assistance.
c. "Provider"is any individual or company that provides professional or technical services.
d. "DBE Joint Venture"means an association a DBE firm and one(1)or more other firm(s)to carry out a
single business enterprise for profit for which purpose they combine their property,capital, efforts,skills and
knowledge,and in which the DBE is responsible for a distinct,clearly defined portion of the work of the
contract and whose share in the capital contribution,control,management,risks and profits of the joint
venture are commensurate with its ownership interest.
e. "Disadvantaged Business Enterprise(DBE)"means a firm certified as such by the Department in accordance
with 49 CFR Part 26.
f. "Good Faith Effort"means efforts to achieve a DBE goal or other requirement of this Special Provision
which,by their scope, intensity,and appropriateness to the objective, can reasonably be expected to fulfill
the program requirement.
g. "Race-neutral DBE Participation"means any participation by a DBE through customary competitive
procurement procedures.
Page 1 of 4 Attachment H-FG
Contract No.
4) PERCENTAGE GOAL. The goal for Disadvantaged Business Enterprise(DBE)participation in the work to
be performed under this contract is %of the contract amount.
5) PROVIDER'S RESPONSIBILITIES.A DBE prime may receive credit toward the DBE goal for work
performed by his-her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort
to meet the goals. In the event a DBE prime subcontracts to a non-DBE,that information must be reported to the
Department.
a. A Provider who cannot meet the contract goal, in whole or in part, shall document the"Good Faith Efforts"
taken to obtain DBE participation. The following is a list of the types of actions that may be considered as
good faith efforts. It is not intended to be a mandatory checklist,nor is it intended to be exclusive or
exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
(1) Soliciting through all reasonable and available means the interest of all certified DBEs who have the
capability to perform the work of the contract. The solicitation must be done within sufficient time
to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations
to determine,with certainty,if the DBEs are interested.
(2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the
DBE goals will be achieved. This includes,where appropriate,breaking out contract work items into
economically feasible units to facilitate DBE participation, even when the Provider might otherwise
prefer to perform the work items with its own forces.
(3) Providing interested DBEs with adequate information about the plans, specifications,and
requirements of the contract in a timely manner to assist them in responding to a solicitation.
(4) Negotiating in good faith with interested DBEs by making a portion of the work available to DBE
subproviders and suppliers and selecting those portions of the work or material needs consistent with
the available DBE subproviders and suppliers.
(5) The ability or desire of the Provider to perform the work of a contract with its own organization does
not relieve the Provider's responsibility to make a good faith effort. Additional costs involved in
finding and using DBEs is not in itself sufficient reason for a Provider's failure to meet the contract
DBE goal,as long as such costs are reasonable. Providers are not,however,required to accept
higher quotes from DBEs if the price difference is excessive or unreasonable.
(6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of
their capabilities.
(7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit,or insurance as
required by the recipient or Provider.
(8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies,materials or
related assistance or services.
(9) Effectively using the services of available minority/women community organizations;
minority/women contractors' groups; local, state,and Federal minority/women business assistance
offices; and other organizations as allowed on a case-by-case basis to provide assistance in the
recruitment and placement of DBEs.
(10) If the Department's Director of the Business Opportunity Programs Office determines that the
Provider has failed to meet the good faith effort requirements,the Provider will be given an
opportunity for reconsideration by the Director of the appropriate Division.
NOTE: The Provider must not cause or allow subproviders to bid their services.
b. The preceding information shall be submitted directly to the Chair of the Consultant Selection Team
responsible for the project.
c. The Provider shall make all reasonable efforts to honor commitments to DBE subproviders named in the
commitment submitted under Section 2.c. of this attachment. Where the Provider terminates or removes a
DBE subprovider named in the initial commitment,the Provider must demonstrate on a case-by-case basis to
the satisfaction of the department that the originally designated DBE was not able or willing to perform.
d. The Provider shall make a good faith effort to replace a DBE subprovider that is unable or unwilling to
perform successfully with another DBE,to the extent needed to meet the contract goal. The Provider shall
submit a completed Exhibit H-2 Form for the substitute firm(s). Any substitution of DBEs shall be subject to
prior written approval by the Department. The Department may request a statement from the firm being
replaced concerning its replacement prior to approving the substitution.
Page 2 of 4 Attachment H-FG
Contract No.
e. The Provider shall designate a DBE liaison officer who will administer the DBE program and who will be
responsible for maintenance of records of efforts and contacts made to subcontract with DBEs.
f. Providers are encouraged to investigate the services offered by banks owned and controlled by disadvantaged
individuals and to make use of these banks where feasible.
6) ELIGIBILITY OF DBEs.
a. The Department certifies the eligibility of DBEs,DBE joint ventures and DBE truck-owner operators to
perform DBE subcontract work on DOT financially assisted contracts.
b. This certification will be accomplished through the use of the appropriate certification schedule contained in
this Department's DBE program.
c. The Department publishes a Directory of Disadvantaged Business Enterprises containing the names of firms
that have been certified to be eligible to participate as DBEs on DOT fmancially assisted contracts. The
directory is available from the Department's Business Opportunity Programs Office. The Texas Unified
Certification Program DBE Directory can be found on the Internet at:
http://www.dot.state.tx.us/services/business opportunity programs/tucp dbe directory.htm.
d. Only DBE firms certified at the time the contract is signed or at the time the commitments are submitted are
eligible to be used in the information furnished by the Provider as required under Section 2.c.and 5.d. above.
For purposes of the DBE goal on this contract,DBEs will only be allowed to perform work in the categories
of work for which they were certified.
7) DETERMINATION OF DBE PARTICIPATION.
A firm must be an eligible DBE and perform a professional or technical function relating to the project. Once a
firm is determined to be an eligible DBE,the total amount paid to the DBE for work performed with his/her own
forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another
firm,the value of the subcontracted work may be counted toward DBE goals only if the subprovider is itself a
DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
A DBE subprovider may subcontract no more than 70%of a federal aid contract. The DBE subprovider shall
perform not less than 30%of the value of the contract work with assistance of employees employed and paid
directly by the DBE; and equipment owned or rented directly by the DBE. DBE subproviders must perform a
commercially useful function required in the contract in order for payments to be credited toward meeting the
contract goal. A DBE performs a commercially useful function when it is responsible for executing the work of
the contract and is carrying out its responsibilities by actually performing,managing,and supervising the work
involved.To perform a commercially useful function,the DBE must also be responsible,with respect to
materials and supplies used on the contract, for negotiating price,determining quality and quantity,ordering the
material,and installing(where applicable)and paying for the material itself. When a DBE is presumed not to be
performing a commercially useful function,the DBE may present evidence to rebut this presumption.
A Provider may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE
joint venture equal to the distinct,clearly deemed portion of the work of the contract performed by the DBE.
Proof of payment, such as copies of canceled checks,properly identifying the Department's contract number or
project number may be required to substantiate the payment,as deemed necessary by the Department.
8) RECORDS AND REPORTS.
a. After submission of the initial commitment reported(Exhibit H-1),required by Section 2.c.of this
attachment,the Provider shall submit Monthly Progress Assessment Reports(Exhibit H-3),after contract
work begins,on DBE involvement to meet the goal and for race-neutral participation. One copy of each
report is to be sent to the Department's Business Opportunity Programs Office monthly,in addition one copy
is to be submitted with the Provider's invoice. Only actual payments made to subproviders are to be
reported. These reports will be required until all subprovider activity is completed. The Department may
verify the amounts being reported as paid to DBEs by requesting copies of canceled checks paid to DBEs on
a random basis.
b. DBE subproviders should be identified on the report by name,type of work being performed,the amount of
actual payment made to each during the billing period,cumulative payment amount and percentage of the
total contract amount. These reports will be due within fifteen(15)days after the end of a calendar month.
Reports are required even when no DBE activity has occurred in a billing period.
Page 3 of 4 Attachment H-FG
Contract No.
c. All such records must be retained for a period of seven(7)years following fmal payment or until any
investigation,audit,examination,or other review undertaken during the seven(7)years is completed, and
shall be available at reasonable times and places for inspection by authorized representatives of the
Department or the DOT.
d. Prior to receiving fmal payment,the Provider shall submit a Final Report(Exhibit H-4),detailing the DBE
payments. The Final Report is to be sent to the Department's Business Opportunity Programs Office and one
(1)copy to be submitted with the Provider's final invoice. If the DBE goal requirement is not met,
documentation of the good faith efforts made to meet the goal must be submitted with the Final Report.
9) COMPLIANCE OF PROVIDER. To ensure that DBE requirements of this DOT-assisted contract are
complied with,the Department will monitor the Provider's efforts to involve DBEs during the performance of
this contract. This will be accomplished by a review of Monthly Progress Assessment Reports(Exhibit H-3),
submitted to the Department's Business Opportunity Programs Office by the Provider indicating his progress in
achieving the DBE contract goal,and by compliance reviews conducted by the Department. The Monthly
Progress Assessment Report(Exhibit H-3)must be submitted at a minimum monthly to the Business
Opportunity Programs Office,in addition to with each invoice to the appropriate agency contact.
The Provider shall receive credit toward the DBE goal based on actual payments to the DBE subproviders with
the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider
shall contact the Department if he/she withholds or reduces payment to any DBE subprovider.
(1) A DBE firm is paid but does not assume contractual responsibility for performing the service;
(2) A DBE firm does not perform a commercially useful function;
(3) Payment is made to a DBE that cannot be linked by an invoice or canceled check to the contract under
which credit is claimed;
(4) Payment is made to a broker or a firm with a brokering-type operation;
(5) Partial credit is allowed, in the amount of the fee or commission provided the fee or commission does not
exceed that customarily allowed for similar services, for a bona fide service,such as professional,
technical,consultant,or managerial services,and assistance in the procurement of essential personnel,
facilities,equipment,materials,or supplies required for performance of the contract.
A Provider's failure to comply with the requirements of this Special Provision shall constitute a material breach
of this contract. In such a case,the Department reserves the right to terminate the contract; to deduct the amount
of DBE goal not accomplished by DBEs from the money due or to become due the Provider,not as a penalty but
as liquidated damages to the Department; or such other remedy or remedies as the Department deems
appropriate.
12/06
DBE-FED.ATT
Page 4 of 4 Attachment H-FG
Contract No.
ATTACHMENT H-FN
Disadvantaged Business Enterprise(DBE)for Race-Neutral Professional or Technical Services Contracts
It is the policy of the U. S.Department of Transportation(DOT)that DBEs as defined in 49 CFR Part 26, Subpart A,
be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal
funds and that a maximum feasible portion of the Department's overall DBE goal be met using race-neutral means.
Consequently, if there is no DBE goal,the DBE requirements of 49 CFR Part 26,apply to this contract as follows:
The Provider will offer DBEs as defined in 49 CFR Part 26, Subpart A,the opportunity to compete fairly for
contracts and subcontracts financed in whole or in part with federal funds. Race-Neutral DBE participation on
projects with no DBE goal should be reported on the Exhibit H-3 Form. Payments to DBEs reported on Exhibit H-3
are subject to the following requirements:
DETERMINATION OF DBE PARTICIPATION.
A firm must be an eligible DBE and perform a professional or technical function relating to the project.
Once a firm is determined to be an eligible DBE,the total amount paid to the DBE for work performed with
his/her own forces must be reported as race-neutral DBE participation. When a DBE subcontracts part of the
work of its contract to another firm,the value of the subcontracted work should not be reported unless the
subcontractor is itself a DBE.
A DBE subprovider may subcontract no more than 70%of a federal aid contract. The DBE subprovider
shall perform not less than 30%of the value of the contract work with assistance of employees employed and
paid directly by the DBE;and equipment owned or rented directly by the DBE. DBE subproviders must
perform a commercially useful function required in the contract. A DBE performs a commercially useful
function when it is responsible for execution of the work of the contract and is carrying out its
responsibilities by actually performing,managing,and supervising the work involved. To perform a
commercially useful function,the DBE must also be responsible,with respect to materials and supplies used
on the contract, for negotiating price,determining quality and quantity,ordering the material,and installing
(where applicable)and paying for the material itself. When a DBE is presumed not to be performing a
commercially useful function,the DBE may present evidence to rebut this presumption.
A Provider must report a portion of the total value of the contract amount paid to a DBE joint venture equal
to the distinct, clearly defined portion of the work of the contract performed by the DBE.
Proof of payment,such as copies of canceled checks,properly identifying the Department's contract number
or project number may be required to substantiate the payment,as deemed necessary by the Department.
The Provider and any subprovider shall not discriminate on the basis of race,color,national origin or sex in the
award and performance of contracts. These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a material breach of this contract and,may result
in termination of the contract by the Department or other such remedy as the Department deems appropriate.
12/06
DH-OGOAL.ATT
Page 1 of 1 Attachment H-FN
Contract No.
EXHIBIT H-1
Texas Department of Transportation
Subprovider Monitoring System
Commitment Worksheet
Contract#: Assigned Goal: % Federally Funded State Funded—
Prime Provider: Total Contract Amount:
Prime Provider Info: DBE HUB Both
Vendor ID#: DBE/HUB Expiration Date:
(First II Digits Only)
If no subproviders are used on this contract,please indicate by placing"N/A"on the I'line under Subproviders.
Subprovider(s) Type Vendor ID# D=DBE Expiration $Amount or
(List All) of Work (First 11 Digits Only) ; H=HUB Date %of Work*
1
I
Subprovider(s)Contract or%of Work*Totals
*For Work Authorization Contracts, indicate the%of work to be performed by each subprovider.
Total DBE or HUB Commitment Dollars $
Total DBE or HUB Commitment Percentages of Contract
(Commitment Dollars and Percentages are for Subproviders only)
12'06 DBEH I.AT
Page 1 of 1 Exhibit H-1
Contract No.
EXHIBIT H-2
Texas Department of Transportation
Subprovider Monitoring System Commitment Agreement
This commitment agreement is subject to the award and receipt of a signed contract from the Texas Department of Transportation
(TxDOT). NOTE:Exhibit H-2 is required to be attached to each contract that does not include work authorizations. Exhibit H-2 is
required to be attached with each work authorization. Exhibit H-2 is also required to be attached to each supplemental work
authorization. If DBE/HUB Subproviders are used, the form must be completed and signed. If no DBE/HUB Subproviders are
used,indicate with "N/A"on this line: and attach with the work authorization or supplemental work authorization.
Contract#: Assigned Goal: % Prime Provider:
Work Authorization(WA)#: WA Amount: Date:
Supplemental Work Authorization(SWA)#:_ to WA#: SWA Amount:
Revised WA Amount:
Description of Work Dollar Amount
(List by category of work or task description. Attach additional pages,if (For each category of work or task description
necessary) shown.)
Total Commitment Amount(Including all additional pages) $
IMPORTANT:The signatures of the prime and the DBE/IIUB and Second Tier Subprovider, if any(both DBE and Non-DBE)and
the total commitment amount must always be on the same page.
Provider Name: Name:
Address: (Please Print)
Phone#& Fax#: Title:
Email:
Signature Date
DBE/HUB Sub Provider Name:
Subprovider Name: (Please Print)
VID Number: l itle:
Address:
Phone#&Fax#: Signature Date
Email:
Second Tier Sub Provider Name:
Subprovider Name: (Please Print)
VID Number: rifle:
Address:
Phone#& Fax#: Signature Date
Email:
VID Number is the Vendor Identification Number issued by the Comptroller. If a firm does not have a VID Number,please enter the
owner's Social Security or their Federal Employee Identification Number(if incorporated).
Page 1 of 1 4/06 DBE-H2.ATT Exhibit H-2
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Contract No.
EXHIBIT H-4
Texas Department of Transportation
Subprovider Monitoring System
Final Report
The Final Report Form should be filled out by the Prime Provider and submitted to the Contract Manager and the
Business Opportunity Programs Office for review upon completion of the contract. The report should reflect all
subcontract activity on the project. The report will aid in expediting the final estimate for payment. If the HUB or
DBE goal requirements were not met,documentation supporting good faith efforts must be submitted.
DBE Goal: % OR HUB Goal: %
Total Contract Amount: $ Total Contract Amount: S
Contract Number:
Vendor ID # Subprovider Total $ Amt Paid to Date
TOTAL
This is to certify that % of the work was completed by the HUB or DBE subproviders as stated above.
By: Prime Provider
Per: Signature
Subscribed and sworn to before me,this day of , 20
Notary Public County
My Commission expires:
12106 DBE-H4.A
Page 1 of I Exhibit H-4
Contract No.
EXHIBIT H-5
Federal Subprovider and Supplier Information
The Provider shall indicate below the name, address and phone number of all successful and unsuccessful
subproviders and/or suppliers that provided proposals/quotes for this contract prior to execution. You may
reproduce this form if additional space is needed.
Name Address Phone Number
The information must be provided and returned with the contract.
Signature Date
Printed Name Email Phone#
Page 1 of 1 Exhibit H-5