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R2019-018 2019-04-08 RESOLUTION NO. R2019-18 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for construction management and construction inspection services with Freese and Nichols, Inc., for the Green Tee Trail Project, in the amount of $164,401.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That proposals for construction management and construction inspection services associated with the Green Tee Trail Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the contract to Freese and Nichols, Inc., in the amount of$164,401.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction management and construction inspection services associated with the Green Tee Trail Project. PASSED, APPROVED and ADOPTED this the 8th day of April, A.D., 2019. -----.)_ E{Q TOM REID MAYOR ATTEST: 0\1111►,,/U141-'-G#INL-/C7.(fl(ir)74ITY S RETARY -~ iNI,.I.- _ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY WAs Used Contra Resolution No. THE STATE OF TEXAS § R2019-18 COUNTY OF TRAVIS § CONTRACT FOR ENGINEERING SERVICES Cost Plus Fixed Fee, Unit Cost, Lump Sum, or Specified Rate Specific Deliverable with Work Authorizations THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Pearland, 3519 Liberty Drive, Pearland, TX 77581, hereinafter called "City," and Freese and Nichols, Inc. having its principal business address at 11200 Broadway Street Suite 2320, Pearland, Texas 77584, hereinafter called "Engineer," for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and WHEREAS, the City desires to contract for engineering services generally described as professional construction management and related services for the construction of Green Tee Terrace Bike and Pedestrian Trail WHEREAS, the City has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, the City and the Engineer, 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 Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment B, Services to be Provided by the City and Attachment C, Services to be Provided by the Engineer. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. ARTICLE 2. CONTRACT PERIOD. This 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 Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment. Engineering—Engineering SpecDelwWA.doc Page 1 of 3 Rev. 08-31-2016 WAs Used Contract No. D. Engineer Payment of Subproviders. No later than ten (10) days after receiving payment from the City, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The City may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The City may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts. ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements. The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. B. Billing Statement. The billing statement shall show the 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 Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E,the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period. D. Thirty Day Payments. Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. E. Withholding Payments. The City reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) If a dispute over the work or costs thereof is not resolved within a thirty day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or(5)the State Comptroller of Public Accounts will not issue a warrant to the Engineer. In the event that payment is withheld, the City shall notify the Engineer and give a remedy that would allow the City to release the payment. F. Required Reports. (1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements. (2) Prior to contract closeout, the Engineer shall submit a Final Report(Exhibit H-4)to the address set forth in Attachment H. (3) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the City to document the progress of the work. G. Subproviders and Suppliers List. Pursuant to requirements of 43 Texas Administrative Code §9.350 et seq., the Engineer must provide the City a list (Exhibit H-5/DBE or Exhibit H-6/HUB) of all Subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders and suppliers names, addresses, telephone numbers, and type of work desired. H. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant or initiating an electronic funds transfer to the Engineer because of a debt owed to the State, the State shall apply all payment due the Engineer 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 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 Engineering—Engineering_SpecDelwWA.doc Page 2 of 3 Rev. 08-31-2016 WAs Used Contract No. 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 State will issue work authorizations using the form included in Attachment D (Work Authorizations and Supplemental Work Authorizations) to authorize all work under this contract. The Engineer must sign and return a work authorization within seven (7) working days after receipt. Refusal to accept a work authorization may be grounds for termination of the contract. The State shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly associated with or prior to the execution of a work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A, General Provisions, Article 1. ARTICLE 6. SIGNATORY WARRANTY. The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the City to enter into this contract. ARTICLE 7. All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Engineer: City: Freese and Nichols, Inc City of Pearland 11200 Broadway St, Suite 2320 3519 Liberty Drive Pearland, Texas 77584 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 Engineer have executed this contract in duplicate. THE ENGINEER THE CITY OF PEARLAND - 2 or- A A ks,. k.)•./V.A.V\./\ ature) 114(Sigriature A o vmu• Printed Name) CFed Name Vice President AIM (Title) e) March 12, 2019 \1,c \3,19\ (Date) (Date) Engineering—Engineering SpecDelwWA.doc Page 3 of 3 Rev. 08-31-2016 WAs Used Contract No. Attachments and Exhibits to Contract for Engineering Services Incorporated into the Contract by Reference Attachments Title A General Provisions B Services to Be Provided by the State C Services to Be Provided b the En ineer D Work Authorizationand 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 Engineering—Engineering__SpecDelwWA.doc Page 1 of 1 WAs Used Contract No. 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 11 Subcontracting 12 Inspection of Work 13 Submission of Reports 14 Violation of Contract Terms 15 Termination 16 Compliance with Laws 17 Indemnification 18 Engineer's Responsibility 19 Non-collusion 20 Insurance 21 Gratuities 22 DBE/HUB Requirements 23 Maintenance, Retention and Audit of Records 24 Nepotism Disclosure 25 Civil Rights Compliance 26 Patent Rights 27 Computer Graphics Files 28 Child Support Certification 29 Disputes 30 Successors and Assigns 31 Severability 32 Prior Contracts Superseded 33 Conflict of Interest 34 Office 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 Engineering—Engineering__SpecDelwWA.doc Page 1 of 1 WAs Used Contract No. ATTACHMENT A GENERAL PROVISIONS ARTICLE 1. WORK AUTHORIZATIONS A. Use. The Engineer shall not begin any work until the City and the Engineer have signed a work authorization. Costs incurred by the Engineer before a work authorization is fully executed or after the completion date specified in the work authorization are not eligible for reimbursement. All work must be completed on or before the completion date specified in the work authorization, and no work authorization completion date shall extend beyond the contract period set forth in Article 2 of the contract (Contract Period). B. Contents. Each work authorization will include: (1) types of services to be performed; (2) a period of performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a work schedule with milestones; (5) a cost not to exceed amount, (6) the basis of payment whether cost plus fixed fee, unit cost, lump sum, or specified rate; and (7) a work authorization budget calculated using fees set forth in Attachment E, Fee Schedule. The Engineer is not to include additional contract terms and conditions in the work authorization. In the event of any conflicting terms and conditions between the work authorization and the contract, the terms and conditions of the contract shall prevail and govern the work and costs incurred. C. Work Authorization Budget. A work authorization budget shall set forth in detail (1) the computation of the estimated cost of the work as described in the work authorization, (2) the estimated time (hours/days) required to complete the work at the hourly rates established in Attachment E, Fee Schedule; (3) a work plan that includes a list of the work to be performed, (4) a stated maximum number of calendar days to complete the work, and (5) a cost-not-to-exceed-amount or unit or lump sum cost and the total cost or price of the work authorization. The City will not pay items of cost that are not included in or rates that exceed those approved in Attachment E. D. No Guaranteed Work. Work authorizations are issued at the discretion of the City. While it is the City's intent to issue work authorizations hereunder, the Engineer shall have no cause of action conditioned upon the lack or number of work authorizations issued. E. Incorporation into Contract. Each work authorization shall be signed by both parties and become a part of the contract. No work authorization will waive the City's or the Engineer's responsibilities and obligations established in this contract. The Engineer shall promptly notify the City of any event that will affect completion of the work authorization. F. Supplemental Work Authorizations. Before additional work may be performed or additional costs incurred, a change in a work authorization shall be enacted by a written supplemental work authorization in the form identified and attached hereto as Attachment D. Both parties must execute a supplemental work authorization within the period of performance specified in the work authorization. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance or prior to the execution of the work authorization. The Engineer shall allow adequate time for review and approval of the supplemental work authorization by the City prior to expiration of the work authorization. Any supplemental work authorization must be executed by both parties within the time period established in Article 2 of the contract, (Contract Period). Under no circumstances will a work authorization be allowed to extend beyond the contract's expiration date or will the total amount of funds exceed the maximum amount payable set forth in Article 3A of the contract (Compensation). F-1. More Time Needed. If the Engineer determines or reasonably anticipates that the work authorized in a work authorization cannot be completed before the specified completion date, the Engineer shall promptly notify the City. The City may, at its sole discretion, extend the work authorization period by execution of supplemental authorization, using the form attached hereto as Attachment D. F-2. Changes in Scope. Changes that would modify the scope of the work authorized in a work authorization must be enacted by a written supplemental work authorization. The Engineer must allow adequate time for the City to review and approve any request for a time extension prior to expiration of the work authorization. If the change in scope affects the amount payable under the work authorization, the Engineer shall prepare a revised work authorization budget for the City's approval. Engineering—EngineeringSpecDelwWA Page 1 of 12 Attachment A WAs Used Contract No. G. New Work Authorization. If the Engineer does not complete the services authorized in a work authorization before the specified completion date and has not requested a supplemental work authorization, the work authorization shall terminate on the completion date. At the sole discretion of the City, it may issue a new work authorization to the Engineer for the incomplete work using the unexpended balance of the preceding work authorization for the project. If approved by the City, the Engineer may calculate any additional cost for the incomplete work using the rates set forth in the preceding work authorization and in accordance with Attachment E, Fee Schedule. H. Emergency Work Authorizations. The City, at its sole discretion, may accept the Engineer's signature on a faxed 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 Engineer shall submit the deliverables as specified in the executed work authorization to the City for review and acceptance. ARTICLE 2. PROGRESS A. Progress meetings. The Engineer shall from time to time during the progress of the work confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary or as may be requested by the City in order to evaluate features of the work. B. Conferences. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. C. Inspections. If federal 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 Engineer 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 Engineer to determine the nature of corrective action needed. ARTICLE 3. SUSPENSION OF WORK AUTHORIZATION A. Notice. Should the City desire to suspend a work authorization but not terminate the contract, the City may verbally notify the Engineer followed by written confirmation, giving (30) thirty days notice. Both parties may waive the thirty-day notice in writing. B. Reinstatement. A work authorization may be reinstated and resumed in full force and effect within sixty (60) 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. 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. Engineering—Engineering SpecDelwWA Page 2 of 12 Attachment A WAs Used Contract No. ARTICLE 4. ADDITIONAL WORK A. Notice. If the Engineer is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the City in writing, presenting the facts of the work authorization and showing how the work authorization constitutes additional work. B. Supplemental Agreement. If the City finds that the work does constitute additional work, the City shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6, Supplemental Agreements. C. Limitation of Liability. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with or prior to the execution of a supplemental agreement. ARTICLE 5. CHANGES IN WORK A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in accordance with the terms of this contract but the City requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer 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 Engineer submits work that does not comply with the terms of this contract, the City shall instruct the Engineer to make such revision as is necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this contract which are necessary to correct errors or omissions appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 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 Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon request by the City. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this contract, but further use of the data is subject to permission by the City. C. Relaase of Design Plan. The Engineer (1)will not release any roadway design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the City's ownership of the design plan and prohibits its use for any use other than the project identified in tliis contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design Engineering—Engineering SpecDelwWA Page 3 of 12 Attachment A WAs Used Contract No. 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 Engineer shall not disclose information obtained from the City under this contract without the express written consent of the City. C. Access to Information. The Engineer is required to make any information created or exchanged with the city pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the city. ARTICLE 9. PERSONNEL, EQUIPMENT AND MATERIAL A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance of all services, in addition to providing adequate and sufficient personnel and equipment to perform the services required under the contract. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or it will be able to obtain such personnel from sources other than the City. B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The City may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the City, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work. C. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as possible, but no later than three 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 Engineer may not replace the project manager or key personnel without prior consent of the City. The City must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the City determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the City within forty-five (45) days. E. Ownership of Acquired Property. Except to the extent that a specific provision of this contract states to the contrary, the City shall own all intellectual property acquired or developed under this contract and all equipment purchased by the Engineer or its subcontractors under this contract. All intellectual property and equipment owned by the City shall be delivered to the City when the contract terminates, or when it is no longer needed for work performed under this contract, whichever occurs first. ARTICLE 10. LICENSE FOR City LOGO USE A. Grant of License; Limitations. The Engineer is granted a limited revocable non-exclusive license to use the registered City of Pearland trademark logo on any deliverables prepared under this contract that are the property of the City. The Engineer 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 Engineer 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 Engineer may not assign or sublicense the rights granted by this article without the prior written consent of the City. C. Term of License. The license granted to the Engineer by this article shall terminate at the end of the term specified in Article 2 of this contract. Engineering—Engineering SpecDelwWA Page 4 of 12 Attachment A WAs Used Contract No. ARTICLE 11. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional services related to the work under this contract without prior written approval from the City. B. DBE/HUB Compliance. The Engineer's subcontracting program shall comply with the requirements of Attachment H of the contract (DBE/HUB Requirements). C. Required Provisions. All subcontracts for professional services shall include the provisions included in Attachment A, General Provisions, and any provisions required by law. The Engineer is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from the basis of payment by the City to the Engineer. D. Prior Review. Subcontracts for professional services in excess of$25,000 may be reviewed by the City prior to performance of work thereunder. E. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 12. INSPECTION OF WORK A. Review Rights. The City, State 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 Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the state or federal representatives in the performance of their duties. ARTICLE 13. SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before a final report is issued. The City's comments on the Engineer's preliminary report must be addressed in the final report. ARTICLE 14. VIOLATION OF CONTRACT TERMS A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the City arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. Causes. The contract may be terminated before the stated completion date by any of the following conditions. 1. By mutual agreement and consent, in writing from both parties. 2. By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. 3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein. 4. By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty business days notice of termination in writing to the Engineer. 5. By the City, if the Engineer violates the provisions of Attachment A, General Provisions Article 21, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements. 6. By satisfactory completion of all services and obligations described herein. B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice Engineering—Engineering SpecDelwWA Page 5 of 12 Attachment A WAs Used Contract No. period in excess of the amount incurred during the preceding thirty days. C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City terminates this contract for fault on the part of the Engineer, the City will give consideration to the following when calculating the value of the completed work: (1)the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2)the amount of work required which was satisfactorily completed to date of default; (3)the value of the work which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; (5)the time required to employ another firm to complete the work; and (6) other factors which affect the value to the City of the work performed. D. Calculation of Payments. The City shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead percentage rate for payroll additives and for general and administrative overhead costs during the years in which work was performed shall be used to calculate partial payments. Any portion of the fixed fee not previously paid in the partial payments shall not be included in the final payment. E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish the rights, duties, and obligations of the City and the Engineer under this contract, except for those provisions that establish responsibilities that extend beyond the contract period. G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion, and the Engineer shall be liable to the City for any additional cost to the City. ARTICLE 16. COMPLIANCE WITH LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 17. INDEMNIFICATION A. Errors, Omissions, Negligent Acts. The Engineer 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 Engineer or of any person employed by the Engineer. B. Attorney Fees. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 18. ENGINEER'S RESPONSIBILITY A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. 3. Errors and Omissions. The Engineer's Responsibility for all questions arising from design errors or omissions will be determined by the City. All decisions shall be in accordance with the City's "Consultant Err'rs &Omissions Correction and Collection Procedures" and Texas Government Code §2252.905. The Engineering—Engineering_SpecDelwWA Page 6 of 12 Attachment A WAs Used Contract No. Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. C. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. city 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 Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 20. INSURANCE The Engineer certifies that it has insurance on file with City Secretary of the City of Pearland in the amount specified on Form 1560-CS, Certificate of Insurance, as required by the City. No other proof of insurance is acceptable to the State. The Engineer 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 Engineer must stop work until a new certificate of insurance is provided. 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 gifts that would not ordinarily be interpreted as affecting an employee's impartiality. 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 Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the City. ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for seven (7)years from the date of final payment under this contract, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Availability. The City, 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 Engineer's Records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. Engineering—Engineering SpecDelwWA Page 7 of 12 Attachment A WAs Used Contract No. 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, Pearland, Texas 77581. The notice shall specify the Engineer's 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 Engineer employee, the expected role of the Engineer employee on the project, the name of the City employee who is a relative of the Engineer employee, the title of the City employee, the work location of the City employee, and the nature of the relationship. C. By executing this contract, the Engineer is certifying that the Engineer does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by the City unless the Engineer has notified City of Pearland of each instance as required by subsection (b). D. If the Engineer learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by the City, the Engineer shall notify City of Pearland under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Engineer violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 25. CIVIL RIGHTS COMPLIANCE A. Compliance with Regulations: The Engineer will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Engineer of the Engineer's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the City, State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer will so certify to the City, 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 Engineer'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 Engineer under the contract until the Engineer complies and/or Engineering—Engineering_SpecDelwWA Page 8 of 12 Attachment A WAs Used Contract No. (2) cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Engineer will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take such action with respect to any subcontract or procurement as the City, State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Engineer may request the City to enter into such litigation to protect the interests of the City. In addition, the Engineer may request the 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 Engineer under this contract. ARTICLE 27. COMPUTER GRAPHICS FILES The Engineer agrees to comply with Attachment G, Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this contract. ARTICLE 28. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Engineer certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Engineer is liable to the 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 Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the services authorized herein. B. Disputes Concerning Work or Cost. 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 Engineer and the City do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the City. ARTICLE 31. SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 32. PRIOR CONTRACTS SUPERSEDED This contract constitutes the sole agreement of the parties hereto for the services authorized herein and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. Engineering—Engineering_SpecDelwWA Page 9 of 12 Attachment A WAs Used Contract No. ARTICLE 33. CONFLICT OF INTEREST A. Representation by Engineer. The Engineer represents that its firm has no conflict of interest that would in any way interfere with its or its employees' performance of services for the department or which in any way conflicts with the interests of the department. The Engineer further certifies that this agreement is not barred because of a conflict of interest pursuant to Texas Government Code, Section 2261.252, between it and the City. Specifically, the Engineer certifies that none of the following individuals, nor any or their family members within the second degree of affinity or consanguinity, owns 1°/0 or more interest, or has a financial interest as defined under Texas Government Code, Section 2261.252(b), in the Engineer: 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 Engineer 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 Engineer will prepare an environmental impact statement or an environmental assessment under this contract, the Engineer certifies by executing this contract that it has no financial or other interest in the outcome of the project on which the environmental impact statement or environmental assessment is prepared. D. Commencement of Final Design. This contract does not obligate the City to proceed with final design for any alternative. On completion of environmental documentation, the City will consider all reasonable alternatives in a fair and objective manner. Notwithstanding anything contained elsewhere in the contract or in any work authorization, the Engineer may not proceed with final design until after all relevant environmental decision documents have been issued. E. Restrictions on Testing. If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing: 1. verification testing; 2. quality control testing; or 3. independent assurance testing. ARTICLE 34. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. ARTICLE 35. DEBARMENT CERTIFICATIONS The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Engineer certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the City, to furnish a copy of the certification. ARTICLE 36. E-VERIFY CERTIFICATION Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security's E-Verify system during the term of this agreement to determine the eligibility of: 1. All persons employed by Engineer during the term of this agreement to perform duties within the State of Texas; and 2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement. Violation of this provision constitutes a material breach of ihis agreement. Engineering—Engineering SpecDelwWA Page 10 of 12 Attachment A WAs Used Contract No. ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER STATE OFFICER OR EMPLOYEE The Engineer shall not hire a former state officer or employee of a state agency who, during the period of state service or employment, participated on behalf of the state agency in this agreement's procurement or its negotiation until after the second anniversary of the date of the officer's or employee's service or employment with the state agency ceased. ARTICLE 38. PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (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.). Engineering—Engineering SpecDelwWA Page 11 of 12 Attachment A WAs Used Contract No. ATTACHMENT B SERVICES TO BE PROVIDED BY THE CITY A. Access to Pro-Trak Engineering—EngineeringSpecDelwWA Page 1 of 1 Attachment 13 WAs Used Contract No. ATTACHMENT C SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall perform the following tasks by function code as outlined below. The contract duration is 180 calendar days: FUNCTION CODE 309 DESIGN VERIFICATION, CHANGES AND ALTERATIONS a. Utilize the City's Pro-Trak system to: receive, route, track and log Contractor communications, Submittals, Change Orders, RFIs, Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI log in Pro-Trak to verify that timely responses are provided; notify City Project Manager, Contractor and Design Engineer of time critical issues. i. Respond to RFIs when such response does not require the Engineer's opinion or expertise or direction from City. ii. Assemble and maintain notes, comments, sketches and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as-built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness and progress. b. Prepare and issue request for proposals in a timely manner via Pro-Trak. Review RFP and contractor proposal for additional work with City Project Manager and Design Engineer for approval. Record the status of RFP and Responses from Contractor, City and Design Engineer and verify they are logged and tracked in the Pro-Trak system. c. Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, time, accuracy and price practicality. Negotiate with Contractor on City's behalf if required. d. Prepare Change Order and documentation including signatures of Contractor, Engineer and Construction Manager for delivery to City. Submit all change orders to TxDOT for review and approval. FUNCTION CODE 310 PROJECT SUPERVISION a. Act as the City's on-site representative administering the contract for construction and providing overall project oversight, maintain record of decisions and changes made. Services provided will support the City's efforts to comply with TxDOT Local Government Project Procedures (LGPP). Construction Manager will utilize Chapter 11 of TxDOT LGPP in supporting the City. b. Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via Pro-Trak to: City Project Manager, Design Engineer and contractor throughout the duration of the project. i. Schedule meetings every two weeks, minimum, to review the following: work progress and schedule, outstanding issues, status of submittals and responses shop drawings unforeseen issues and changes to the work. The estimated number of progress meetings is thirteen (13). ii. Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. iii. Attend bi-weekly conference call coordination meetings (13). c. Construction Contract Administration i. Project final documentation is required in electronic/digital format, utilizing Pro-Trak as is feasible. ii. As field problems arise, notify the Design Engineer and City Project Manager of proposed solutions to resolve problems. Engineering—EngineeringSpecDelwWA.doc Page 1 of 1 Attachment D-1 WAs Used Contract No. iii. Review and update as-built documents regularly with contractor. iv. Monitor and verify adherence to approved project baseline schedule. Review contractor's schedule monthly, verify compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. v. Recommend alternate project sequencing/scheduling to keep project on schedule. vi. Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress information associated with the project will be submitted to the Project Manager for review and approval. vii. Record weather conditions on jobsite daily. d. Coordinate work of contractor with external agencies and utility companies. Coordinate contractor's operations with regard to other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. i. Verify construction conformance and compliance with TCEQ, NOI and NOT. ii. Verify construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. e. Maintain records of decisions, actions and activities with regard to construction operations via the City's Pro-Trak system (i.e. Change Orders, RFIs and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) FUNCTION CODE 320 INSPECTION OF WORK IN PROGRESS AND PROJECT RECORDS a. Provide part-time (26 weeks at 24 hours per week) on-site technical observation of Contractor's activities to verify that work materials, structures, equipment and workmanship comply with the Contract Documents including Addenda and Change Orders. Report on whether Contractor maintains good construction practices and professional standards prevailing in the local City, County, and State of Texas. Utilize City's Pro-Trak system for all inspection reports. In addition, provide a bridge inspector to provide to perform bridge inspection (40 hours per week for 4 weeks). i. Notify the City Project Manager if Contractor's work that is observed is not in compliance with the Contract Documents or specifications. Notify the City Project Manager and Design Engineer of Contractor failure to take measures to repair and bring work in compliance. ii. Issue Advisory Notices to Contractor for observed work that is not in compliance with approved construction documents. iii. Issue Non-Compliance Reports to Contractor if non-conforming work is not brought into compliance or if plan of action to bring work into compliance is not conducted in timely manner. iv. Inspect and observe the materials and equipment being incorporated into the work to verify that they are handled, stored and installed in accordance with the Contract Documents and specifications. Report to the City Project Manager regarding these activities. b. Identify, record and notify Design Engineer of known problems or failures to meet performance requirements in a timely manner to minimize delay in the progress of the project. Make recommendation(s)for appropriate solution to the City Project Manager and Design Engineer. c. Prepare and maintain daily progress log or daily construction reports, photographs, records and track quantities installed that day utilizing the City's Pro-Trak system. d. Verify that contractor reviews and approves daily reports and quantities. e. Verify contractor has obtained necessary permits and is maintaining Traffic Control, public notification and Storm Water Pollution Prevention Plans, facilities, equipment or arrangements in accordance with contract documents. I. Attend and participate in progress meetings. Engineering—Engineering_SpecDelwWA.doc Page 2 of 1 Attachment D-1 WAs Used Contract No. g. Create contacts for your record for: names, addresses, telephone numbers and email of project contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's Pro-Trak system. h. Immediately notify the City Project Manager and Design Engineer in the event of an on- site accident. Record and note conditions, activities and witnesses to the event. I. Maintain Resolution Log and respond to citizen complaints in Pro-Trak system. j. Consult with City Project Manager and Design Engineer in advance of scheduled majorwork operations, tests, inspections or start of important phases of project. k. Pay applications will be generated by the City's Pro-Trak system based on quantities approved in the daily reports. Review and verify quantities provided by contractor for work performed. i. Review work conducted daily on daily inspection reports and material installed measurements submitted by contractor; verify work conducted and bid item quantities via Pro-Trak; meet monthly to review pay estimate and quantities with contractor ii. Review progress pay application with Design Engineer for approval or revision prior to submittal to City. Coordinate with TxDOT project manager regarding completion of work prior to submission of reimbursement requests. iii. Finalize pay application with signatures from Contractor, Engineer and Construction Manager certifying quantities and amounts via Pro-Trak. iv. Notify City Project Manager when all electronic signatures are completed in the Pro- Trak system for invoice processing. v. Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in Pro-Trak. vi. Provide an independent quantity forecast bid items to identify potential quantity over- runs as part of pay estimate review. vii. Prepare monthly reimbursement requests to TxDOT I. Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities utilizing Pro-Trak. Identify and add additional quantities and make any approved changes to the Contract Time. i. Review and coordinate with Design Engineer to provide Engineer's recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) FUNCTION CODE 330 JOB CONTROL a. Construction Project Manager shall: i. Coordinate testing laboratory activities with Contractor's activities. ii. Review test results with Contractor iii. Review test reports for compliance with Contract Documents. iv. Review lab test reports and log any failures v. Review Invoicing from Laboratory to daily activities. FUNCTION CODE 352 FINAL PLAN PREPARATION a.Provide list of deliverables for substantial completion walk through/inspection. Schedule and conduct project walk through upon receipt of Contractor's notification of substantial completion. Include City Project Manager, Engineer of Record and others as directed. Prepare a list of non-conforming work based on visual inspections via Pro-Trak. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. b. Coordinate and obtain Engineer of Record's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate via Pro-Trak. Engineering—EngineeringSpecDelwWA.doc Page 3 of 1 Attachment D-1 WAs Used Contract No. c. Review and compile any Operation and Maintenance documents required from the Contractor —forward to Engineer for review. Upload and/or verify that Contractor's closeout documents are uploaded to Pro-Trak. Review for completeness and accuracy, including; affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Engineer of Record and City Project Manager when completed. i. Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. ii. Provide indexed project files, redline plans and as-built or record drawings to City via Pro-Trak. d. Conduct Project Close-Out Meeting. e. Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) FUNCTION CODE 390 CONSTRUCTION ENGINEERING NOT OTHERWISE CLASSIFIED a. Pre-Construction Meeting i. Review plans and specifications in preparation for construction. ii. Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, permitting, property owner notification and coordination, temporary facilities, contractor's use of City's Pro-Trak system, etc. iii. Utilize the City's Pro-Trak system: set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. iv. Schedule and conduct the pre-construction meeting; record and disseminate minutes from pre-construction meeting. FUNCTION CODE 300(330) GENERAL FUNCTION The Engineer shall hire a TxDOT certified material testing lab, herein referred to as MT Lab, to perform all sampling and testing of components and materials in accordance with the standard specifications, and all other standard and special specifications and special provisions applicable in this agreement. Meet the minimum sampling frequencies set out in the TxDOT 2015 Guide Schedule for Sampling and Testing for materials. The testing shall include the following materials and all the components of the materials listed: Asphalt, Concrete, Soils and Aggregates. The estimated number of samples and tests are based on quantities in the executed construction contract. a. The Engineer/MT Lab shall ensure the testing is completed and input into Pro-Trak. NOTE: The contractor is responsible for testing Item 360 Concrete Paving. b. The Engineer/MT Lab shall provide certified personnel, outlined in their Quality Assurance and Quality Control (QA/QC) plan that are knowledgeable of all materials testing procedures. All personnel performing acceptance tests must provide certifications and must maintain the certifications throughout the project. The State reserves the right to require replacement of any technician during this contract if performance is determined to be unsatisfactory or the technician fails to maintain appropriate certifications. c. The Engineer/MT Lab shall provide technicians certified in accordance with TxDOT Quality Assurance Programs for Construction (QAP) or other State approved programs, such as the Texas Asphalt Pavement Association (TxAPA) for Hot Mix Asphalt, and the Soils and Base Certification Program, as listed below. d. The Engineer/MT Lab shall provide certified technicians to perform the following tests: i. Hot Mix Asphalt Testing Level I-A Level I-B Level II Engineering—EngineeringSpecDelwWA.doc Page 4 of 1 Attachment D-1 WAs Used Contract No. • All other tests in the Manual of Testing Procedures 200-F Series or ASTM Procedures not covered in Level I-A, Level I-B, or Level II ii. Concrete Testing • QAP Program for Concrete Testing • Other tests outlined in the Manual of Testing Procedures 400-A Series or ASTM Procedures that are not included in the QAP Program e. The Engineer/MT Lab shall perform testing on the project. These tests include all tests listed in State's Guide Schedule to Sampling and Testing dated 2015. Follow the State's Guide Schedule of Sampling and Testing to establish testing frequencies. Testing frequencies may be increased as directed by the State. f. The Engineer/MT Lab shall notify the State, to determine if any tests may be waived. g. The Engineer/MT Lab shall attend preconstruction QA and QC testing meetings prior to beginning work. h. The Engineer/MT Lab shall: i. Review and recommend approval or rejection for all sampling and testing documentation submitted by the contractor for compliance with applicable State and federal regulations, standards, and contract requirements. ii. Verify all materials used meet specifications or identify materials that do not meet specifications and recommend action which should be taken. iii. Certify that all materials used during construction meet the specifications as outlined in the Site Manager Support System. iv. Resolve all material discrepancies before the next monthly estimate is processed. v. Enter all test data in Pro-Trak. vi. Enter all mix designs, concrete and asphalt, into Pro-Trak Manager. i. The Engineer/MT Lab shall report failing tests within twenty-four(24) hours. Additional Services Additional Services, if requested by the City, may include but are not limited to the following: 1. Attendance at claims resolutions meetings 2. Preparation, Attendance, and resolution of TxDOT/FHWA Audit 3. Extension of contract beyond 180 days from NTP. 4. Warranty support/efforts a. Consult with City on any potential Warranty items requiring repair or replacement. b. Schedule, arrange and coordinate a One Year Walk-through of the project to review status of the work 30 days prior to expiration of the One Year Maintenance period. c. Provide staff to conduct and participate in the warranty inspections. d. Prepare list of non-conforming work for presentation to the City Project Manager, Engineer of Record and Contractor via Pro-Trak. e. Oversee repairs for non-conforming work with Contractor. f. Submit final report on completed warranty repairs via Pro-Trak Engineering—Engineering SpecDelwWA.doc Page 5 of 1 Attachment D-1 WAs Used Contract No. ATTACHMENT D WORK AUTHORIZATION D-1 WORK AUTHORIZATION NO. CONTRACT FOR ENGINEERING SERVICES THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Engineering Contract No. (the Contract)entered into by and between the City of Pearland, and Freese and Nichols, Inc. (the Engineer). PART I. The Engineer will perform engineering services generally described as_Green Tee Trail in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the City and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization. PART II. The maximum amount payable under this Work Authorization is$ and the method of payment is_Range of Cost Plus Fixed Fee as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer's estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization. PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the contract, and Attachment A,Article 1. PART IV. This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on , unless extended by a supplemental Work Authorization as provided in Attachment A,Article 1. PART V. This Work Authorization does not waive the parties'responsibilities and obligations provided under the Contract. IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. THE ENGINEER THE CITY OF PEARLAND --1/11 2 or. �.. V.•-"•..LJ--A0kA (Sign. ure) ( ignat r•e)_ ,cantr J-ff r•► for \ (-ri ted Na e) A Printeg,Na e) Vice President \ "so 14:111N" (Title) Ti -) March 12. 2019 • ` 'dcsAA (Date) (Date) LIST OF EXHIBITS Exhibit A Services to be provided by the City Exhibit B Services to be provided by the Engineer Exhibit C Work Schedule Exhibit D Fee Schedule/Budget Exhibit H-2 Subprovider Monitoring System Commitment Agreement Engineering—Engineering__SpecDelwWA.doc Page 6 of 1 Attachment D-1 WAs Used Contract No. ATTACHMENT D D-2 SUPPLEMENTAL WORK AUTHORIZATION NO. WORK AUTHORIZATION NO. CONTRACT FOR ENGINEERING 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 (the Engineer). The following terms and conditions of Work Authorization No. are hereby amended as follows: This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. not hereby amended are to remain in full force and effect. IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. THE ENGINEER 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. Basis The lump sum shall be equal to the maximum amount payable. The lump sum Lump Sum includes all direct and indirect costs and fixed fee. The Engineer shall be paid pro rata based on the percentage of work completed. For payment the Engineer is not required to provide evidence of actual hours worked, travel, 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 Engineer shall be paid based on the type and number of units fully completed and the respective unit cost. For payment, the Engineer is not required to provide evidence of actual hours 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 X Fixed Fee total estimated labor and overhead cost in the FCP or the percentage of work completed. The invoice must itemize labor rates, hours worked, other direct costs and indirect costs. The Engineer may be required to provide documentation of hours worked and any eligible direct costs claimed. The provisional overhead rate charged is subject to audit and adjustment to actual rates incurred. The FCP 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.) X 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 $ 164,401.00 . The maximum amount payable is based on the following data and calculations: - See attached Detailed Cost Breakdown. * 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 Freese and Nichols,Inc. City of Pearland Project Fee Summary CMI and LGPP for Green Tee Terrace Basic Services 164,401 Construction Duration 180 Days Special Services - Detailed Cost Breakdown Total Project 164,401 Basic Services Employee Paul Jaap Scott Nevotti inspe ate'(max Jeanne Hayward Joseph McNeeley Project Role OA/Sr Advisor PM/CM Inspector DCS Bridge Ins. LGPP ye. yes yes Raw Rate 60.95 40.96 34.00 ys, no 31.98 aon Total Home Total Field Total Labor Total Total Sub (Office)Hours Hours Effort Expense Effort Total Effort Phase Task Federal/TxDOT Overhead Rate 172.96 172.96 127.99 172.96 12199 Effort Profit lox 10% 10% lox 10% Tasks t I Current Hourly Bill Rate-n $183.01 $122.98 $85.27 $96.02 $102.32 FC309 Design verification,changes and alterations(Office Hours) 1 1 _ $ 184 $ 3,279_$ - $ 3,463 a Manage submittals using Pro-Trak system (Office Hours) 12 12 $ 1,153 $ 465 $ - $ 1,618 Respond to RFIs(not EOR)(Office Hours) 5 5 $ 615 $ 769 $ - $ 1,384 Facilitate/review revisions for final as-builts(Office Hours) 1 1 _ _ $ 123 $ 9 $ - $ 132 b RFPs-prepare and issue(2)(Office Hours) 6 6 $ 738 $ 51 $ - $ 789 c Recommend on technical matters.Evaluate/Negotiate GC 4 4 $ 492 $ 34 $ $ 526 response/proposal(2) d CO-prepare,document,coordinate(4) 8 8 $ 984 $ 68 $ - $ 1,052 FC310 Project Supervision(Office Hours) 8 8 $ 1,465 $ 68 $ - $ 1,533 a Contract Admin,project oversight IAW LGPP 26 26 _ $ 3,198 $ 221 $ - $ 3,419 b Meetings-schedule,conduct,agendas,minutes $ - $ 325 $ - $ 325 i Bi-weekly meetings(13) 26 13 26 52 13 $ 6,803 $ 553 $ - $ 7,356 ii Additional Meeting to address issues/problems(2) 12 12 $ 1,476 $ 102 $ - $ 1,578 Iii Weekly Conference Call $ - $ - $ - $ - c Construction Contract Administration 24 24 $ 2,305 $ 204 $ - $ 2,509 I Electronic documentation input into Pro-Trak 6 6 $ 738 $ 51 $ - $ 789 ii Coordinate field problems with City/EOR 12 12 $ 1,476 $ 102 $ - $ 1,578 iii Review/update as-builts with GC(13) 6 6 $ 512 $ 51 $ - $ 563 iv Review GC schedule monthly(6) 6 6 $ 738 $ 51 $ - $ 789 v Recommend alt sequence $ - $ - $ - $ - vi Prepare monthly summary reports(6) 6 6 $ 738 $ 51 $ - $ 789 vii Record weather conditions 12 12 $ 1,024 $ 102 $ - $ 1,126 d Coordinate work of GC with external agencies $ - $ - $ - $ - i Verify conformance with TCEO(NOI&NOT) 1 1 $ 123 $ 9 $ - $ 132 ii Verify conformance with periled activities 1 1 $ 123 $ 9 $ - $ 132 e Maintain records of decisions(COs,RFIs,RFPs,etc) 1 1 $ 123 $ 9 $ - $ 132 FC320 Inpsection of work in progress(180 days) _ 4 4 $ 733 $ 34 $ - $ 767 a Provide on site RPR(24hAvk©26 wks) 624 624 $ 53,208 $ 5,304 $ - $ 58,512 Provide Bridge Inspector(40 htwkfor 4 wks) 6 160 6 160 $ 17,110 $ 1,411 $ - $ 18,521 i Notify non-conformance work. Notify failure of GC to fix 6 6 $ 738 $ 5 1 $ - $ 789 ii Issue advisory notices $ - $ - $ - $ - iii Issue non-compliance reports $ - $ - $ - $ - iv Inspect and observe materials&equip. $ - $ - $ - $ - b ID,record.Notify of problems/failures $ - $ - $ - $ - c Prepare&maintain DCRs,photos,etc $ - $ - $ - $ - d Verify GC reviews/approves daily reports/quantifies 40 40 $ 3,411 $ 340 $ - $ 3,751 e Verify GC obtains permits,maintains TCPs,SW3P 2 2 $ 246 $ 17 $ - $ 263 f Attend/participate in progress mtgs $ - $ - $ - $ - g Create/maintain contacts within Pro-Trak 2 2 $ 193 $ 17 $ - $ 210 h Notify non-conformance work. Notify of failure of GC to fix $ - $ - $ - $ - i Maintain resolution log and respond to citizen $ - $ - $ - $ - 1 of 3 L:\Resources\OLCR\P\Pearland\Green Tee Terrace LGPP CMI\FNI-Green Tee Terrace LGPP CMI Fee v1(Rev 4 w Sub Breakdown) 3/14/2019 Freese and Nichols,Inc. City of Pearland Project Fee Summary CMI and LGPP for Green Tee Terrace Basic Services 164,401 Construction Duration 180 Days Special Services - Detailed Cost Breakdown Total Project 164,401 j Coordinate on major work items 4 4 $ 342 $ 34 $ - $ 376 k Pay applications(6) 6 6 12 $ 1,315 $ 102 $ - $ 1,417 I Review daily,meet monthly review with GC 12 12 $ 1,024 $ 102 $ - $ 1,126 if Review with EOR.Coordinate with TxDOT $ - $ - $ - $ - ill Finalize and get signatures from GC,EOR,CM $ - $ - $ - $ - iv Notify City PM when signatures complete $ - $ - $ - $ - _ ✓ Track/record requests for rain days/delays in Pro-Trak 12 12 $ 1,024 $ 102 $ - $ 1,126_ vl Provide independent qty forecast(over/under) $ - $ - $ - $ - vi Prepare monthly TxDOT reimbursement requests(6) 6 24 30 $ 3,043 $ 255 $ - $ 3,298 i Prepare final progress payment,balance CO,zero qty 2 4 6 $ 631 $ 51 $ - $ 682 i Review/coordinate substantial and final 1 1 $ 123 $ 9 $ - $ 132 FC330 a Job Control 1 1 $ 184 $ 9 $ - $ 193 i Lab management 6 6 $ 738 $ 51 $ - $ 789 ii Review test results with GC 6 6 $ 738 y$ 51 $ - $ 789 ii Review test reports for compliance with CDs 10 10 $ 853 $ 85 $ - $ 938 iv Review lab test reports and log failures 1 1 $ 123 $ 9 $ - $ 132 ✓ Review invoicing from Lab/daily activities 6 6 $ 738 $ 51 $ - $ 789 FC352 Final Plan Preparation 2 2 $ 367 $ 17 $ - $ 384 a Punchlist 1 1 2 $ 220 $ 17 $ - $ 237 Substantial Completion 4 1 5 $ 588 $ 43 $ - $ 631 Final Completion 4 1 5 $ 588 $ 43 $ - $ 631 b Coordinate/obtain EOR signature of SC and FC 1 1 $ 123 $ 9 $ - $ 132 c Review/compile O&M,closeout docs 2 16 18 $ 1,783 $ 153 $ - $ 1,936 d Conduct project close-out meeting 4 4 8 $ 877 $ 68 $ - $ 945 e Prepare/recommend final pay app 2 4 6 $ 631 $ 51 $ - $ 682 FC390 Construction Engineering not otherwise classified 2 2 $ 367 $ 17 $ - $ 384 a Pre-Constuction $ - $ - $ - $ - i Review plans/specs and prep for construction 8 24 _ 2 10 24 _$ 3,223 $ 289 $ - $ 3,512 ii Prepare Agenda 2 4 6 $ 631 $ 51 $ - $ 682_ iii Setup commo protocol and submittal schedule 2 2 4 $ 439 $ 34 $ $ 473 $ - $ - $ $ - Total Basic Services Hours 18 203 759 137 160 360 917 $ 122,530 $ 15,545 $ 26,326 $ 138,075 Total Basic Services Labor Effort $ 3,294 $ 24,966 $ 64,719 $ 13,155 $ 16,372 Phase Task Expenses Tech Charge Miles Hot Spot I Cell phone ,Color(sheet) Total Exp Effort (Will) Mileage(inspection,meetings,etc) 6,000 $ 3,279 Hot spot($55/month) 330 $ 465 Cell phone($110/mo) 660 $ 769 Printing 8.5 x 11 1,300 $ 325 Total Basic Services Items 1,277 6,000 330 660 1,300 Total Basic Services Expenses Effort $ 10,855 $ 3,270 $ 363 $ 726 $ 325 $ 15,545 2 of 3 L.Resources\OLCR\P\Pearland\Green Tee Terrace LGPP CMI\FNI-Green Tee Terrace LGPP CMI Fee v1(Rev 4 w Sub Breakdown) 3/14/2019 Freese and Nichols,Inc. City of Pearland Project Fee Summary CMI and LGPP for Green Tee Terrace Basic Services 164,401 Construction Duration 180 Days Special Services - Detailed Cost Breakdown Total Project 7 164,401 Phase Task Subconsultants Engineering ProjectVehicular Top Nuclear Gauge Material Testing Total Sub Technician Management Charge Testing (Refer to Line aem Effort Including Tasks 1 Current HourlyBill Rate-> for Rate) 10%OH $58.00 $145.00 $66.00 $72.D0 FC300 (330) Material Testing Earthwork(Field Hours) dli;e Engineering Technician(Hrs) 86 $ 5,487 dlii;e Engineering Technician(OT)Regular Rate x 1.5(Hrs) 5 $ 479 e Nuclear Gauge(Day) 22 $ 1,742 e Lime Determination($196.00/Ea) 1 $ 216 e Moisture Density Relationship(treated,select,fill,subgrade)($193.00/Ea) 2 $ 425 e Atterberg Limits($58.00/Ea) 2 $ 128 e Percent Passing 200 Sieve(-200)(550.00/Ea) 2 $ 110 e OMD Strength Compaction,Treated D698(5225.00/Ea) 1 $ 248 e Cement Stabilized Sand Compressive Str.D1633(571.00/Ea) 8 $ 625 Vehicle Charge(Trip) 25 $ 1,815 FC300 (300) Specialty Testing(Field Hours) e Engineering Technician(Hrs) 8 $ 510 e 9999 Gradation of Rip-Rap($200.00/Ea) 1 $ 220 FC300 (300) Concrete for Paving,Curbs,Sidewalks(Field Hours) _ dli;e Engineering Technician(Hrs) 86 $ 5,487 dli;e Engineering Technician(01)Regular Rate x 1.5(Hrs) 10 $ 957 dli;a Cylinder Tests(4 cyl/set)($17.00/Ea) 79 $ 1,477 • dlii;e Course Aggregate Sieve Analysis(554.00/Ea) 2 $ 119 dli;a Fine Aggregate Sieve Analysis(554.00/Ea) 2 $ 119 dli;a Sand Equivalent(565.00/Ea) 2 $ 143 Vehicle Charge(Trip) 27 $ 1,960 FC300 (300) Project Management(Office Hours) g;h;i Project Management(Precon Meeting&Report Review)(Hrs) 25 $ 3,988 Vehicle Charge(Trip) 1 $ 73 Total Basic Services Subconsultants Hours $ 195 '$ 25 $ 53 $ 22 $ 102 Total Basic Services Subconsultants Effort $ 11,745 $ 3,625 $ 3,498 $ 1,584 $ 3,480 $ 26,326 3 of 3 L:\Resources\OLCR\P\Pearland\Green Tee Terrace LGPP CMI\FNI-Green Tee Terrace LGPP CMI Fee v1(Rev 4 w Sub Breakdown) 3/14/2019 WAs Used Contract No. ATTACHMENT F Work Schedule Engineering—Engineering_SpecDelwWA.doc Page 1 of 1 Attachment F WAs Used Contract No. ATTACHMENT G Computer Graphics Files for Document and Information Exchange 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+1)6 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,jnaterials 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. 2 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 financially assisted contracts. The directory is available from the Department's Business Opportunity Programs Office. The Texas Unified Certification Program DBE Directory can be found on the Internet at: http://www.dot.state.tx.us/services/business opportunityprograms/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 defined portion of the work of the contract performed by the DBE. Proof of payment, such as copies of canceled checks,properly identifying the Department's contract number or project number may be required to substantiate the payment, as deemed necessary by the Department. 8) RECORDS AND REPORTS. a. After submission of the initial commitment reported(Exhibit H-1), required by Section 2.c. of this attachment, the Provider shall submit Monthly Progress Assessment Reports(Exhibit H-3), after contract work begins,on DBE involvement to meet the goal and for race-neutral participation. One copy of each report is to be sent to the Department's Business Opportunity Programs Office monthly, in addition one copy is to be submitted with the Provider's invoice. Only actual payments made to subproviders are to be reported. These reports will be required until all subprovider activity is completed. The Department may verify the amounts being reported as paid to DBEs by requesting copies of canceled checks paid to DBEs on a random basis. Page 3 of 4 Attachment H-FG Contract No. 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. c. All such records must be retained for a period of seven(7)years following final payment or until any investigation, audit, examination, or other review undertaken during the seven(7) years is completed, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. d. Prior to receiving final payment,the Provider shall submit a Final Report(Exhibit H-4), detailing the DBE payments. The Final Report is to be sent to the Department's Business Opportunity Programs Office and one (1) copy to be submitted with the Provider's final invoice. If the DBE goal requirement is not met, documentation of the good faith efforts made to meet the goal must be submitted with the Final Report. 9) COMPLIANCE OF PROVIDER. To ensure that DBE requirements of this DOT-assisted contract are complied with, the Department will monitor the Provider's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of Monthly Progress Assessment Reports(Exhibit H-3), submitted to the Department's Business Opportunity Programs Office by the Provider indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted by the Department. The Monthly Progress Assessment Report (Exhibit H-3) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. The Provider shall receive credit toward the DBE goal based on actual payments to the DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall contact the Department if 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. 1206 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. 1206 DI-I-OGOAL.ATT Page 1 of 1 Attachment H-FN Contract No. ATTACHMENT H-SG Historically Underutilized Business for State Funded Professional or Technical Services Contracts HUB Goal Assigned-State of Texas Subcontracting Plan Required 1) POLICY. It is the policy of the Department to ensure that HUBs shall have an equal opportunity to participate in the performance of contracts;to create a level playing field on which HUBs can compete fairly for contracts and subcontracts; to ensure nondiscrimination on the basis of race, color, national origin, or gender in the award and administration of contracts; to help remove barriers to the participation of HUBs in department contracts; and,to assist in the development of firms that can compete successfully in the market place outside the HUB program. Consequently,the HUB requirements of the Department's HUB Program apply to this contract as follows: (1) The Provider agrees to insure that they shall take all necessary and reasonable steps to meet the HUB goal for this contract. a. The Provider and any subprovider(s) shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of contracts. b. When submitting the contract for execution by the Department, the Provider must complete and furnish Exhibit H-1 which lists the commitments made to all subproviders, including certified HUB 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 HUB(s)that were indicated in the original submitted State of Texas HUB Subcontracting Plan(HSP) in Section 8. 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 attach with each work authorization number that is submitted for execution, if the HUB will be performing work. If non-HUB subprovider is performing work, insert N/A(not applicable) on the line provided. A prime must allow a HUB maximum opportunity to perform the work by not creating unnecessary barriers or artificial requirements for the purpose of hindering a HUB's performance under the contract. Any substitutions or changes to the HSP, in addition to any changes to the original contract award, shall be subject to prior written approval by the Department. If there are any changes to the subproviders during the contract term,the Provider must furnish a Revised Exhibit H-1 showing the revised commitment of all subproviders. c. Failure to carry out the requirements set forth above shall constitute a breach of contract and may result in a letter of reprimand; in termination of the contract by the Department; in a deduction from money due or to become due to the Provider,not as a penalty but as damages to the Department's HUB Program; or such other remedy or remedies as the Department deems appropriate. 2) DEFINITIONS. a. "Department" means the Texas Department of Transportation(TxDOT). b. "Contract" is the agreement between the Texas Department of Transportation and a Provider. c. "Provider" is any individual or company that provides professional or technical services. d. "Joint Venture"means an association of two or more businesses to carry out a single business enterprise for profit which combines their property, capital, efforts, skills and knowledge. e. "Historically Underutilized Business(HUB)" means any business so certified by the Texas Facilities Commission. 3) PERCENTAGE GOAL. The goal for Historically Underutilized Business(HUB)participation in the work to be performed under this contract is %of the contract amount. 4) PROVIDER'S RESPONSIBILITIES. A Provider(HUB or non-HUB)must perform a minimum of 30% of the contract with its employees (as defined by the Internal Revenue Service). The contract is subject to the HSP Good Faith Effort Requirements. a. A Provider who cannot meet the contract goal, in whole or in part, should have documented any of the following and other efforts made as a"Good Faith Effort" to obtain HUB participation. (1) Whether the prime advertised in general circulation,trade association, and/or minority/women focus media concerning subcontracting opportunities. (2) Whether the prime provided written notice to at least three(3) qualified HUBs allowing sufficient time for HUBs to participate effectively. Page 1 of 4 Attachment H-SG Contract No. (3) Whether the prime documented reasons for rejection or met with the rejected HUB to discuss the rejection. (4) Whether the prime provided qualified HUBs with adequate information about bonding, insurance,the plans,the specifications, scope of work and requirements of the contract. (5) Whether the prime negotiated in good faith with qualified HUBs,not rejecting qualified HUBs who are also the lowest responsive bidder. (6) Whether the prime used the services of available minority and women community organizations, contractor's groups, local,state,and federal business assistance offices, and other organizations that provide support services to HUBs. 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 contract. c. The Provider shall make all reasonable efforts to honor commitments to HUB subproviders named in the original HSP in Section 8. Where the Provider terminates or removes a HUB 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 HUB was not able or willing to perform. The term"unable" includes,but is not limited to, a firm that does not have the resources and expertise to finish the work and/or a firm that substantially increases the time to complete the project. d. The Provider shall make all reasonable efforts to replace a HUB subprovider that is unable or unwilling to perform successfully with another HUB and must meet the HSP Good Faith Effort Requirements. Any substitution of HUBs shall be subject to prior written approval by the Department. The Department will request a statement from the firm being replaced concerning its replacement prior to approving the substitution. If there are any changes to the subproviders during the contract term,the Provider must furnish a Revised Exhibit H-1 showing the revised commitment of all subproviders. e. The Provider shall designate a HUB liaison officer who will administer the Provider's HUB program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with HUBs. 5) ELIGIBILITY OF HUBs. a. The Texas Facilities Commission(TFC) certifies the eligibility of HUBs. b. The TFC maintains a directory of certified HUBs. The HUB Directory is available through the Department's Business Opportunity Programs Office and through the Internet at the TFC's Website (http://www.tfc.state.tx.us/divisions/commissionadmin/prog/HUB). c. Only HUB firms certified and identified in specific categories and classes 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. above. d. If during the course of the contract it becomes necessary to substitute another HUB firm for a firm named in the information submitted by the Provider as required by Section 2.c. above, then only certified HUBs will be considered eligible as a substituted firm. The Provider's written request for substitutions of HUB subproviders shall be accompanied by a detailed explanation, which should substantiate the need for a substitution. The Department will verify the explanation with the HUB firm being replaced before giving approval of the substitution. If there are any changes to the subproviders during the contract term, the Provider must furnish a Revised Exhibit H-1 showing the revised commitment of all subproviders. e. The 73rd Legislature passed Texas Civil Statutes, Article 601i,relative to contracts between governmental entities and certain disadvantaged businesses. The Statute provides for civil penalties for persons who falsely claim disadvantaged business status and for the general contractor who knowingly contracts with a person claiming to be a disadvantaged business. 6) DETERMINATION OF HUB PARTICIPATION. A firm must be an eligible HUB and perform a professional or technical function relating to the project. 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. A HUB subprovider, with prior written approval from the Department,may subcontract 70% of a contract as long as the HUB subprovider performs a commercially useful function. All subcontracts shall include the provisions required in the subcontract and shall be approved as to form, in writing,by the Department prior to work being performed under the subcontract. A HUB performs a commercially useful function when it is responsible for a Page 2 of 4 Attachment H-SG Contract No. distinct element of the work of a contract; and actually manages, supervises, and controls the materials, equipment, employees, and all other business obligations attendant to the satisfactory completion of contracted work. If the subcontractor uses an employee leasing firm for the purpose of providing salary and benefit administration,the employees must in all other respects be supervised and perform on the job as if they were employees of the subcontractor. 7) COMPLIANCE OF PROVIDER. To ensure that HUB requirements of this contract are complied with, the Department will monitor the Provider's efforts to involve HUBs during the performance of this contract. This will be accomplished by a review of the monthly State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6) submitted to the Business Opportunity Programs Office by the Provider indicating his/her progress in achieving the HUB contract goal, and by compliance reviews conducted by the Department. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6) 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 HUB goal based on actual payments to the HUB subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. (1) Payments to brokers or firms with a brokering type operation will be credited only for the amount of the commission; (2) Payments to a joint venture will not be credited unless all partners in the joint venture are HUBs; (3) Payments to a HUB subprovider who has subcontracted a portion of the work required under the subcontract will not be credited unless the HUB performs a commercially useful function; (4) Payments to a HUB will not be credited if the firm does not provide the goods or perform the services paid for; (5) Payments made to a HUB that cannot be linked by an invoice or canceled check to the contract under which credit is claimed will not be credited. A Provider must not withhold or reduce payments to any HUB without a reason that is accepted as standard industry practice. A HUB prime or subprovider must comply with the terms of the contract or subcontract. Work products, services, and commodities must meet contract specifications whether performed by a prime or subprovider. A Provider's failure to meet the HUB goal and failure to demonstrate to the Department's satisfaction sufficient "Good Faith Effort" on his/her part to obtain HUB participation shall constitute a breach of contract. In such a case,the Department reserves the right to issue a letter of reprimand; to deduct the amount of HUB goal not accomplished by HUBs from the money due or to become due the Provider, not as a penalty but as damages to the Department's HUB program; or such other remedy or remedies as the Department deems appropriate. 8) RECORDS AND REPORTS. a. After submission of the initial commitment(Exhibit H-I), required by Section 2.c. of this attachment,the Provider shall submit State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6)at a minimum monthly, after contract work begins, on subcontracting involvement. One copy of the State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) is to be sent to the Business Opportunity Programs Office of the Department monthly. In addition,the State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report (Exhibit H-6) must be submitted with the Provider's invoice. All payments made to subproviders are to be reported. These State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Reports are required monthly even during months when no payments to subproviders have been made. The State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report will be required until all work on the contract has been completed. The Department may verify the amounts being reported as paid to HUBs by requesting copies of canceled checks paid to HUBs on a random basis. b. Subproviders should be identified on the State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6)by name, the amount of actual payment made to each during the billing period,cumulative payment amount and percentage of the total contract amount. Page 3 of 4 Attachment H-SG Contract No. c. All such records must be retained for a period of seven years following final payment, or until an investigation,audit,examination,or other review undertaken during the seven years, and shall be available at reasonable times and places for inspection by authorized representatives of the Department and other agencies. d. Prior to receiving final payment,the Provider shall submit a Final Report(Exhibit H-4),detailing the subprovider payments to the Business Opportunity Programs Office of the Department,and one copy to the Department with the Provider's final invoice. 12'06 HUB.ATT Page 4 of 4 Attachment H-SG Contract No. ATTACHMENT H-SN Historically Underutilized Business (HUB) for State Funded Professional or Technical Services Contracts No State of Texas HUB Subcontracting Plan Required POLICY It is the policy of the Department to ensure that HUBs shall have an equal opportunity to participate in the performance of contracts;to create a level playing field on which HUBs can compete fairly for contracts and subcontracts; to ensure nondiscrimination on the basis of race, color, national origin, or gender in the award and administration of contracts; to help remove barriers to the participation of HUBs in department contracts; and,to assist in the development of firms that can compete successfully in the market place outside the HUB program. Subcontracting participation on projects with no HUB Subcontracting Plan Required should be reported on the State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report,the Exhibit H-6 Form. Payment to non-HUBs subproviders must be reported on Exhibit H-6. Payments to HUBs reported on Exhibit H-6 are subject to the following requirements: DETERMINATION OF HUB PARTICIPATION. A firm must be an eligible HUB and perform a professional or technical function relating to the project. Once a firm is determined to be an eligible HUB,the total amount paid to the HUB should be reported as race-neutral HUB participation. A HUB subprovider may subcontract no more than 70% of a contract. The HUB subprovider shall perform not less than 30%of the value of the contract work with assistance of employees employed and paid directly by the HUB; and equipment owned or rented directly by the HUB. A provider must report a portion of the total value of the contract amount paid to a HUB joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the HUB. 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. REQUIRED FORMS. If subcontractors are used under the contract that has no stated HUB goal, Exhibits H-1, H-2, H-4 and 1-1-6 are required. Exhibits H-1 and H-6 are required if no subcontractors are being used to perform work under this contract. State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6) is required monthly even when no subcontracting activity has occurred. In addition, State of Texas HUB Subcontracting Plan Prime Contractor Progress Assessment Report(Exhibit H-6) should be submitted with the Provider's invoice. 12'06 nu U Page 1 of 1 Attachment H-SN 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 11 Digits Only) If no subproviders are used on this contract,please indicate by placing "N/A"on the 1"line under Subproviders, Subprovider(s) Type Vendor ID# D=DBE Expiration $Amount or Date (List All) of Work (First 11 Digits Only) H=HUB %of Work* 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 DBEIII.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 11-2 is required to be attached to each contract that does not include work authorizations. Exhibit 11-2 is required to be attached with each work authorization. Exhibit 11-2 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/HUB and Second Tier Subprovider, if any(both DBE and Non-DBE)and the total commitment amount must always be on the same page. Provider Name: Name: Address: (Please Print) Phone#&Fax#: Title: Email: Signature Date DBE/HUB Sub Provider Name: Subprovider Name: (Please Print) VID Number: Title: Address: Phone#& Fax#: Signature Date Email: Second Tier Sub Provider Name: Subprovider Name: (Please Print) VID Number: Title: Address: Phone#& Fax#: Signature Date Email: VID Number is the Vendor Identification Number issued by the Comptroller. If a firm does not have a VID Number,please enter the owner's Social Security or their Federal Employee Identification Number(if incorporated). Page 1 of 1 4 06 DBE-I12.ATT Exhibit H-2 Contract No. EXHIBIT H-3 Texas Department of Transportation Subprovider Monitoring System for Federally Funded Contracts Progress Assessment Report for month of(Mo./Yr.) / Contract#: Original Contract Amount: Date of Execution: Approved Supplemental Agreements: _ Prime Provider: Total Contract Amount: Work Authorization No. Work Authorization Amount: If no subproviders are used on this contract,please indicate by placing"N/A"on the 1"line under Subproviders. All Category of Work Total %Total Contract Amount Paid Amount Paid Subcontract Balance DBE Subproviders Subprovider Amount Amount _ This Period To Date Remaining Fill out Progress Assessment Report with each estimate/invoice submitted,for all subcontracts, and forward as follows: 1 Copy with Invoice-Contract Manager/Managing Office 1 Copy—TxDOT, BOP Office, 125 E. 11th,Austin,TX 78701, 512-486-5500,toll free 866-480-2518, or Fax to 512-486-5519 I hereby certify that the above is a true and correct statement of the amounts paid to the firms listed above. Print Name-Company Official/DBE Liaison Officer Signature Phone Date Email Fax 12/06 DBE-H3.ATT Page 1 of 1 Exhibit H-3 Contract No. EXHIBIT H-4 Texas Department of Transportation Subprovider Monitoring System Final Report The Final Report Form should be filled out by the Prime Provider and submitted to the Contract Manager and the Business Opportunity Programs Office for review upon completion of the contract. The report should reflect all subcontract activity on the project. The report will aid in expediting the final estimate for payment. If the HUB or DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. DBE Goal: % OR HUB Goal: % Total Contract Amount: $ Total Contract Amount: $ Contract Number: 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: 12 06 DRE-114.A Page 1 of 1 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 Contract No. ;�c F. u,. C ii HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report This form must be completed and submitted to the contracting agency each month to document compliance with your HSP. Contract/Requisition Number: Date of Award: Object Code: (mm/ddlyyyy) (Aga^.ry use ay; Contracting Agency/University Name: Contractor(Company)Name: State of Texas VID#: Point of Contact: Phone#: Reporting(Month)Period: Total Amount Paid this Reporting Period to Contractor: $ - Report HUB and Non-HUB subcontractor information 'Texas Certified Total Contract$ Total$Amount Paid Total Contract$ Subcontractor's VID or HUB HUB? Amount from HSP This Reporting Period to Amount Paid to Date Object Code Subcontractor's Name Certificate Number (Yes or No) with Subcontractor Subcontractor to Subcontractor (Aarcyueroori $ $ - $ $ - $ - $ $ - $ - $ $ - $ - $ - S - $ - $ $ - $ - $ S $ - $ $ - $ - $ $ - $ - $ $ - S - $ S • $ - $ - $ - 5 - $ $ - $ - $ $ - $ - $ $ - $ - S $ - $ - $ $ - S - S $ - $ - 5 $ • $ - S S 5 - 5 $ • $ - 5 $ - S - S - S - $ • 5 - $ - S - $ • $ - $ - $ • $ • $ $ - S - S - $ - S - $ - TOTALS: S • $ - S Signature: Title: Date: *Note:HUB certification status can be verified on-line at: http://www2.cpa.state.tx.us/cmbl/hubonly.html nr 107 Page 1 of 1 Exhibit H-6 Geotest Engineering Budget Estimate Green Tee Terrace Bike &Pedestrain Trial Service Billing Codes Quantity I Unit I Unit Rate I Estimate 1.0 Earthwork Subgrade, Pavement Subgrade and, Misc. Earthwork-field hours Engineering Technician-300(330)di, 300(330)e 10700 86 Hour $ 58.00 $ 4,988.00 Engineering Technician, (OT) -300(330)di, 300(330)e 10701 5 Hour $ 87.00 $ 435.00 Vehicle Charge 15000 25 Trip $ 66.00 $ 1,650.00 Nuclear Gauge 95100 22 Day $ 72.00 $ 1,584.00 Lime Determination 92800 1 Each $ 196.00 $ 196.00 Moisture Density Relationship(treated,select fill,subgrade) 92300 2 Each $ 193.00 $ 386.00 Atterberg Limits 90100 2 Each $ 58.00 $ 116.00 Percent Passing 200 Sieve (-200) 90600 2 Each $ 50.00 $ 100.00 OMD Strength Compaction, Treated D698 94100 1 Each $ 225.00 $ 225.00 Cement Stabilized Sand Compressive Str. D1633 94500 8 Each $ 71.00 $ 568.00 SPECIALTY TESTING-field hours Engineering Technician-300(330)e 10700 8 Hour $ 58.00 $ 464.00 9999 Gradation of Rip-Rap 1 /Ea $200.00 $ 200.00 Total: $ 10,912.00 2.0 Concrete for Paving, Curbs, Sidewalks-field hours Engineering Technician-300(330)dii, 300(330)e 10700 86 Hour . $ 58.00 $ 4,988.00 Engineering Technician, (OT) - 300(330)dii, 300(330)e 10701 10 Hour $ 87.00 $ 870.00 Vehicle Charge 15000 27 Trip $ 66.00 $ 1,782.00 Cylinder Tests (4 cyl/set) 30100 79 Each $ 17.00 $ 1,343.00 Coarse aggregate Sieve analysis 20100 2 Each $ 54.00 $ 108.00 Fine aggregate Sieve Analysis 20200 2 Each $ 54.00 $ 108.00 Sand Equivalent 21300 2 Each $ 65.00 $ 130.00 Total: $ 9,329.00 5.0 Project Management Project Management(Precon Meeting & Report Review)- 300(330)g, 300(330)i 10500.0 25 Hour $ 145.00 $ 3,625.00 Vehicle Charge 15000 1 Trip $ 66.00 $ 66.00 Total: $ 3,691.00 Total Estimated Budget $ 23,932.00 Notes: 1. Overtime rate of 1.5 times the hourly rate for all hourly employees is applicable for any hours worked before 6:00 a.m. or after 6:00 p.m. Monday throught Friday, and any hours worked on Saturday, Sunday or holiday or over 8 hours per day. 2.A minimum of 4 hours will be charged at the applicable rate for all technician/inspector services.