R2017-005 2017-01-23 RESOLUTION NO. R2017-5
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract for construction management and construction inspection with PTP
Transportation, LLC,Inc., in the amount of$399,864.48 for services associated
with the Fite Road Extension Project (between McLean Road and Veterans
Drive).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That proposals for construction management and construction inspection
services of the Fite Road Extension Project have been reviewed and tabulated.
Section 2. That the City Council hereby awards the contract to PTP Transportation, LLC,
Inc., in the amount of$399,864.48.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for construction management and construction inspection services of the Fite Road Extension
Project.
PASSED, APPROVED and ADOPTED this the 23rd day of January A.D., 2017.
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TOM REID
MAYOR
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DARRIN M. COKER
CITY ATTORNEY
WAs Used Contract No.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
Resolution No. R2017-5
CONTRACT FOR ENGINEERING SERVICES Exhibit "A"
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, 3519 Liberty Drive,
Pearland, TX 77581, hereinafter called "City," and PTP Transportation, LLC having its principal business address
at 616 Cypress Creek Parkway, Suite 335,,Houston, Texas 77090, 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 landscape design and engineering services; and
WHEREAS, the City desires to contract for engineering services generally described as Fite Road Extension;
and,
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.
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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: (I1) 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
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the state auditor; under the direction:of the legislative laudit.COmmittee, to:conduct an audit or:investigation in
connection with those funds. An entity that is the subject Of an audit or investigation must provide the state
auditor with access to any,information the state"auditor considers relevant to the investigation or audit. :
ARTICLE 5. WORK AUTHORIZATIONS. The City will issue work authorizations using the form included in
Attachment D (Work Authorizations and Supplemental Work Authorizations)to authorize all work under this:
contract. The Engineer must sign and return a work authorization•wittin seven (7)working days after receipt::
Refusal to accept a work authorization:may be grounds for termination of the contract. The City shall:not be
responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly
associated with or prior to the execution of a work.authorization." Terms and conditions governing the use of work
authorizations are set forth in Attachment A, General Provisions, Article 1.
:ARTICLE 6. SIGNATORY WARRANTY. The undersigned signatory for:the Engineer hereby represents and
warrants that he or she:isan 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:
PTP Transportation, LLC City of Pearland,
616 Cypress Creek Parkway .3519 Liberty Drive :
Suite.335 Pearland, Texas .77581
:: :: Houston;:Texas 77090
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 CIT OF PEARLAND
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Jen ie N. Taraborelli: " . . .. , „ .: : . ' "
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(Printed Name) tinted e)
President
(Title) (Title)
January 23,2017 Z
(Date) (Date) : : .
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Attachments and Exhibits to Contract for Engineer and Engineering Services
Incorporated into the Contract by Reference
Attachments Title
A General Provisions
B Services to Be Provided by the City
C Services to Be Provided by the Engineer
D Work Authorization and Supplemental Work Authorization
E Fee Schedule
F Work Schedule— N/
G Computer Graphics Files for Document and Information Exchange, if applicable
H-FG Disadvantaged Business Enterprise (DBE)for Federal Funded Professional or
Technical Services Contracts-See Attachment H Instructions
H—FN Disadvantaged Business Enterprise (DBE)for Race-Neutral Professional or
Technical Services Contracts—See Attachment H Instructions
H—SG Historically Underutilized Business (HUB) Requirements for State Funded
Professional or Technical Services Contracts—State of Texas HUB.
Subcontracting plan required—See Attachment H Instructions
H —SN Historically Underutilized Business (HUB) Requirements for State Funded
Professional or Technical Services Contracts—No State of Texas HUB
Exhibits Title
H — 1 Subprovider Monitoring System Commitment Worksheet
H —2 Subprovider Monitoring System Commitment Agreement
H —3 Monthly Progress Assessment Report
H -4 Subprovider Monitoring System Final Report
H -5 Federal Subproviders and Supplier Information .-
H -6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment
Report
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ATTACHMENT A
GENERAL PROVISIONS
INDEX TO PROVISIONS
Article Title
1 Work Authorizations
2 Progress
3 Suspension of Work
4 Additional Work
5 Changes in Work
6 Supplemental Agreements
7 Ownership of Data
8 Public Information
9 Personnel, Equipment and Material
10 License for TxD,OT 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 N/A
38 Pertinent Non-Discrimination Authorities
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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.
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G. New Work Authorization. If the Engineer does not complete the services authorized in a work
authorization before the specified completion date andihas 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.
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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. Release 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 this contract; and (3) is responsible for any improper use of the
design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting
from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design
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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. •
ARTICLE 11. SUBCONTRACTING
A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional services
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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, Texas Department of Transportation (TxDOT) and the U. S. Department of
Transportation, when federal funds are involved, and any of their authorized representatives shall have the
right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in
which it is being performed.
B. Reasonable Access. If any review or evaluation is made on the premises of the 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 period
in excess of the amount incurred during the preceding thirty days.
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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 City in litigation or otherwise resisting said claim or
liabilities which may be imposed on the City as a result of such activities by the 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.
B. Errors and Omissions. The Engineer's Responsibility for all questions arising from design errors or
omissions will be determined by the State. All decisions shall be in accordance with the State's"Consultant
Errors &Omissions Correction and Collection Procedures" and Texas Government Code §2252.905. The
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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.
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 in the amount specified as followed, as required by
the City. No other proof of insurance is acceptable to the City. 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.
A. Policies and Limits. The CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and omissions relating
to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this
Agreement, as follows.
1. Workers' Compensation as required by law
2. Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate.
3. Comprehensive General Liability and Property Damage Insurance with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000
for each occurrence of damage to or destruction of property.
4. Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned
vehicles, with minimum limits of$1,000,000 for injury or death of any one person, $1,000,000 for
each occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the policies, with the
exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance
and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall
be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only
after the CITY has been provided with written notice of such Change in Coverage, such notice to be
sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt
requested, and received by the City no fewer than thirty (30) days prior to the effective date of such
Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall
furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT,
issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage,
conditions, and limits required by this CONTRACT are in full force and effect.
B. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from
any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including
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all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage
to any property, or errors in design, any of which are caused by the negligent act or omission of the
CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT.
C. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as
an independent contractor and shall have control of its own work and the manner in which it is performed.
The CONSULTANT is not to be considered an agent or employee of the CITY.
ARTICLE 21. GRATUITIES
A. Employees Not to Benefit. City of Pearland policy mandates that employees of the City of Pearland shall
not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do
business with the City under this contract. The only exceptions allowed are ordinary business lunches and
items that have received the advance written approval of the City Manager.
B. Liability. Any person doing business with or who reasonably speaking may do business with the City
under this contract may not make any offer of benefits, gifts or favors to department employees, except as
mentioned above. Failure on the part of the 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 and TxDOT.
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.
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 Consultant firm name, the name of the person who
submitted the notification, the contract number, the business unit of City of Pearland that is principally
responsible for the contract, the name of the relevant Consultant employee, the expected role of the
Consultant employee on the project, the name of the City employee who is a relative of the Consultant
employee, the title of the City employee, the work location of the City employee, and the nature of the
relationship.
C. By executing this contract, the Consultant is certifying that the Consultant does not have any knowledge
that any of its employees or of any employees of a subcontractor who are expected to work under this contract
have a relative that is employed by the City unless the Consultant has notified City of Pearland of each
instance as required by subsection (b).
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D. If the Consultant learns at any time that any of its employees or that any of the employees of a
subcontractor who are performing work under this contract have a relative who is employed by the City, the
Consultant shall notify City of Pearland under subsection (b)of each instance within thirty days of obtaining
that knowledge.
E. If the Consultant violates this section, the City may terminate the contract immediately for cause, may
impose any sanction permitted by law, and may pursue any other remedy permitted by law.
ARTICLE 25. CIVIL RIGHTS COMPLIANCE
A. Compliance with Regulations: The 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 anotherwho 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
(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.
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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.
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% 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
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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 this agreement.
ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER STATE OFFICER OR EMPLOYEE
N/A
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.
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E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or
activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability
in the operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs:(70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
•
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ATTACHMENT B
SERVICES TO BE PROVIDED BY THE CITY
The City will perform or provide to the Engineer the following items subject to availability:
A. Electronic copy of full scale plans per project (provided on CD or dropbox).
B. Electronic copy of contract Proposal and any Addendums per project (provided on CD or dropbox).
C. Limited Access to Pro-Trak.
D. Site Manager Coordination procedures.
E. Storm Water Pollution Prevention Plan (SW3P) Information.
F. SW3P Coordination procedures.
G. Best Practices coordination procedures (Disadvantaged Business Enterprise, Materials, General
Bookkeeping).
H. Field office containing office furniture, one phone line, one copier, scanner and all utilities, if required.
I. Construction Time Schedule prepared by the City's Designer or Contractor.
J. Applicable forms.
K. Copies of Contractor's Change Orders, if applicable.
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ATTACHMENT C
SERVICES TO BE PROVIDED BY THE ENGINEER
The Engineer shall perform the following tasks by function code as outlined below:
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
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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.
ii. Coordinate additional meetings as necessary to discuss and resolve problems and
provide guidance in a timely manner.
iii. Coordinate/monitor the following: utility relocation activities for compliance, utility
installation verification, reporting, record management and as-built drawings.
iv. Attend all utility coordination, construction, and scheduling meetings.
v. Obtain copy of ROW permit and prints from Public Works in order to monitor progress of
utility relocation per permit/plan.
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.
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.)
Engineering—Engineering SpecDelwWA Page 3 of 1 Attachment C
WAs Used Contract No.
FUNCTION CODE 320
INSPECTION OF WORK IN PROGRESS AND PROJECT RECORDS
a. Provide full-time 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.
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.
f. Attend and participate in progress meetings.
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 major work
Engineering—Engineering_SpecDelwWA Page 4 of 1 Attachment C
WAs Used Contract No.
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-
Engineering—Engineering_SpecDelwWA Page 5 of 1 Attachment C
WAs Used Contract No.
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.
a. Coordinate and obtain Engineer of Record's signature and seal on Substantial Completion
certificate and Final Completion and Acceptance certificate via Pro-Trak.
b. 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.
c. Conduct Project Close-Out Meeting.
d. Prepare and recommend final payment application. (Prepare job record logs transmittals, and
correspondence reports in an organized file for delivery to City.)
e. Consult with City on any potential Warranty items requiring repair or replacement.
f. 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.
g. Provide staff to conduct and participate in the warranty inspections.
h. Prepare list of non-conforming work for presentation to the City Project Manager, Engineer of
Record and Contractor via Pro-Trak.
i. Oversee repairs for non-conforming work with Contractor.
j. Submit final report on completed warranty repairs via Pro-Trak.
FUNCTION CODE 390
CONSTRUCTION ENGINEERING NOT OTHERWISE CLASSIFIED
a. Chair Pre-Construction Meeting
i. Schedule and conduct the pre-construction meeting; record and disseminate minutes
from pre-construction meeting.
ii. Utilize the City's Pro-Trak system: set communications protocol and contract
administration procedures, establish progress meeting schedule and submittal schedule.
iii. 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.
Engineering—Engineering_SpecDelwWA Page 6 of 1 Attachment C
WAs Used:.
: .. . Contract No;. -
. ::. ATTACHMENT D
WORK AUTHORIZATION
WORK AUTHORIZATION NO.•1 ...
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 PTP
Transportation, LLC (the:Engineer).
: • :PART I. The Engineer will perform engineering services generally described as Fite Road Extension in.
accordance with.the:project description attached hereto end.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$399.864.48 and the method of
payment is specified rate basis 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_andmade 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 ices ru• 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 ..
(Signature) (Signature) ...
Jen ie N. Taraborelli
Qu
(Printed Name) . . : .. (Printed Name) . .
President
(Title) :(Title) .
January 23,2017
(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: :
Engineer ing-Engineering_SpecDelwWA.doc . Page 1 of 1 Attachment D-1 ... .
WAs Used Contract No.
ATTACHMENT D
D-2
SUPPLEMENTAL WORK AUTHORIZATION NO. 1
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 PTP Transportation, LLC (the Engineer).
The following terms and conditions of Work Authorization No. 1 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. 1 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)
Jennie N. Taraborelli
(Printed Name) (Printed Name)
President
(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. i
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
_X_ Rate Basis specified rates. Payment shall be based on the actual hours worked multiplied
by the specified rate for each type of labor plus other agreed to special direct
cost items. The specified rate includes direct labor and indirect cost and fixed
fee. The State may request documentation of reimbursable direct costs
including hours worked. Documentation of special item costs may be required.
The specified rate is not subject to audit.
Payment shall be based on direct and indirect costs incurred plus a pro rata
Cost Plus share of the fixed fee based on the ratio of labor and overhead cost incurred to
Fixed Fee total estimated labor and overhead cost in the FCP or the percentage of work
completed. The invoice must itemize labor rates, hours worked, other direct
costs and indirect costs. The 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.)
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 $399,864.48
The maximum amount payable is based on the following data and calculations:
* The maximum amount payable must be based on the contract scope. The work authorization fee
schedules will be derived from this attachment.
Engineering—Engineering_SpecDelwWA.doc Page 2 of 2 Attachment E
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City of Pearland .. .. ..
Fite Road Project
- - " Construction,Management and Inspection•
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Fee Estimate •
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:'Construction Inspecton. taopeelor Conir'ddt
Leda inspector
Project Manager/ Project Engineer DT/Scheduler Lead Inspector ,o, (Aguirre E) (Aguirre Fields- AdmWLOPP •'' ' ' '
Engineer o/Recom Fields-DBE) DBE)(07 Specialist -
PTP Transportation
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' Office Oved,ead=120.49;Profit=10% I LaborRatel$ '91.00 48.25$ '' 38.25 $ 40.00 $. 60.00 $ -'32.75 $ 49.13 $ 38.44 ' '
Field Overhead=89.16;Profit=10% I Billing Ratel$ 220.71 $117.03$ 92.77 $ :83.23 $ 124.85 $ 80.08 $ 120.11 1$ 93.23 • . :- '•
'.. .. F(em o.ed,ead=1z2z6t Profit I . . . . . . . Estimated Hours/Month':-: "- - ...-I ..
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,,:.; „t', -,%,` Total Hours'."'cost-.=r '" Jan-16,,, Feb-16n?- M r16r,-+ ,Apr16 f MayASot Jun16°',l. Ju118,-4,,..Aug-16.' ,Sep.16 Oct-76 Nov-16;_ DecDec-16
' ' ' _ ' Construction Manager 24.00 $ 220.71 24.00 '
' : :' Project Engineer: 35.00 $ : a,095.86 :' .: :' .: .. .. :' .: .. .. 35.00
EIT/Scheduler 16.00 $ 1,484.34 • - - 16.00
:. .. .. ..
_ - Lead Inspector 116.00 $-- 9.654.73 - - 116.00 " •
' - ' 'Inspector(DBE): 0.00 $ - ' - 0.00 -
1:mb-ect AdmieILGPP Specialist:' 40.00 3. . 3,729.28 '' '' 40.00
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.. Total' E.:' 19,184.93 . .. .. .. ..
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• ... -. ,Total Hours'.e Cost .. Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 •
"' Construction Manager ''-120.00 $ 26.485.26_ 10.00" 10.00 '10,00 10.00 10.00 '10.00 10.00 ' .10.00 10.00:• 10.00 10.00 _10.00 _ ' '' .
' ' ' Project Engineer 295.00.$ 34,52239 25.00 25.00 :25.00 ' 25.00 : 25.00 :25.00 25.00. 25.00 25.00: 25.00 25.00 20.00
.... .... . ... .. ... ..' ..EIT/Scheduler ....192.00 $ 17.81206 .' 16.00 16.00 .16.00.' 16.00 ....16.00 .16.00 ' 16.00 16.00 16.00...16.00 16.00 ....16.00 ... '
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"Lead Inspector .' 1914.00 $ 159.302.99 . 174.00-' :.:174.00 174.00 . 174.00 :.174.00 174.00 . 174.00 174.00 174.00. 174.00 174.00 ' '.0.00 . . .
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• Inspector(DBE) 52200 $ a1,799.87 0.00 0.00 0.00 174.00 174.00 174.00 0.00 0.00 0.00 0.00 0.00 0.00
:ontract Admin/LGPP Specialist 590.00 $ 55,006.88 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 40.00 ..
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.. .. Total' $ '334,929.44 .. ." .. .. .. .. .. .
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Fee Estimate-Construction Management 111 Fee Estimate by Company - Labor ODE Total : Project Prep/Bid Phase
$ 19,184.93 2016 Prime-PTP Transportation $340,298.47 $40,136.60 $380,435.07 Consbucdon Phase ..
S 334,929.44 2017 -Subprovider-Aguirre Fields. $ 53,660.21-$ 5,613.50 $-59,273.71 Project dose-Out --dn.
$ 45,750.10 00ES . '
. .. $ .399,864.48 Totat .. - - .. ..
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' .m Fee Estimate la based on Straight Time Billing Rates.All Overtime will be charged at Billing.Rate a 1,5• :
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Page 1 of 2 -
' City of Pearland :
Fite Road:Project :
• Construction Management and.Inspection -
Other Direct.Expenses (ODE) .
Rates Apply to Prime and all Subproviders ..
P.TP Aguirr
e
SERVICES.TO BE PROVIDED UNIT . ::FIXED COST MAXIMUM COST
Construction Truck(includes operation and maintenance.costs-Inspectors) month $ .1,375.00 : $16,500.00. $4,125.00
Construction Truck(includes operation and maintenance costs-periodic visits) day $ 75.00 $: 9,000.00
Toll Charges • , . 360.001,. each .. $ 3 00 $
Standard Postage letter : $ • 0.49 $ 49.00 $ •24.50 : -
Certified Letter Return:Receipt each - $ -4..55 - $ 54.60
Overnight Mail-letter size : : :each : $ 25:00 $ :50.0.00 $ -300.00 .
Overnight Mail.-oversized box . • • . : each . $ : 30.00 . • $ . 300.00 .
Courier Services' • - each : 25.00 125.00 . :
: Photocopies B/W (1.1x17) each , $ 0.20 --$ 400.00: $ 200.00 :
Photocopies B/W:(8-1/2x11): :::
. . . each :.: . $ ..: 0.10 :- 500.00:: $ 200.00.
- Photocopies Color(11x17) each $ 0.74 $ 370.00 $ 74.00
Photocopies Color(8-1/2x11) each • $ 0.40 $ 200.00 $ 40.00
Digital Ortho Plotting sheet $ : 1•.25 : : : $ 375.00 :
Plots.(B/W on Bond) per sq ft : $ 0.50 _ $ 1,000.00
Plots (Color on Bond) persq ft $ 1.00 $ 500.00
•
Plots (Color on Photographic Paper) per sq ft 3.50 1,050.00
Report Printing - each _ • •$ 25.00 _ $ 300.00
Report Binding and Tabbing each $ .: 4.00 $ 48.00
Reproduction of CD/DVD each - $ 3.00 $ 60.00 . '
:
CDs :.. each •.. $ .1.00 :. $ .. 20.00
Digital Color Print(4x6) • picture $ • 0.25 : $ 25.00
Cellular Telephone& Data Plan each/month; $ 100.00 $ 3;600.00 $.::400.00 : .:
each/month ,$ 62.50 .. $ 2250.00 $ 250.00.. Laptop.Computer/!pad and.data plan -
. Desktop&Microcomputer w Plotter-each month:.. sheet : $ 42.50 $ 2,550.00,
Total Estimated ODE $40,136.60:: $5,613.50:
- : Page 2 of 2
WAs Used Contract No.
ATTACHMENT F
Work Schedule
N/A
•
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
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 15 % of the contract amount.
5) PROVIDER'S RESPONSIBILITIES.A DBE prime may receive credit toward the DBE goal for work
performed by his-her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort
to meet the goals. In the event a DBE prime subcontracts to a non-DBE,that information must be reported to the
Department.
a. A Provider who cannot meet the contract goal, in whole or in part, shall document the "Good Faith Efforts"
taken to obtain DBE participation. The following is a list of the types of actions that may be considered as
good faith efforts. It is not intended to be a mandatory checklist,nor is it intended to be exclusive or
exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
(1) Soliciting through all reasonable and available means the interest of all certified DBEs who have the
capability to perform the work of the contract. The solicitation must be done within sufficient time
to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations
to determine,with certainty, if the DBEs are interested.
(2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the
DBE goals will be achieved. This includes,where appropriate,breaking out contract work items into
economically feasible units to facilitate DBE participation, even when the Provider might otherwise
• prefer to perform the work items with its own forces.
(3) Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist them in responding to a solicitation.
(4) Negotiating in good faith with interested DBEs by making a portion of the work available to DBE
subproviders and suppliers and selecting those portions of the work or material needs consistent with
the available DBE subproviders and suppliers.
(5) The ability or desire of the Provider to perform the work of a contract with its own organization does
not relieve the Provider's responsibility to make a good faith effort. Additional costs involved in
finding and using DBEs is not in itself sufficient reason for a Provider's failure to meet the contract
DBE goal, as long as such costs are reasonable. Providers are not,however,required to accept
higher quotes from DBEs if the price difference is excessive or unreasonable.
. (6) Not rejecting DBEs as being unqualified without.sound reasons based on a thorough investigation of
their capabilities.
(7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the recipient or Provider.
(8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies,materials or
related assistance or services.
(9) Effectively using the services of available minority/women community organizations;
minority/women contractors' groups; local, state, and Federal minority/women business assistance
offices; and other organizations as allowed on a case-by-case basis to provide assistance in the
recruitment and placement of DBEs.
(10) If the Department's Director of the Business Opportunity Programs Office determines that the
Provider has failed to meet the good faith effort requirements, the Provider will be given an
opportunity for reconsideration by the Director of the appropriate Division.
NOTE: The Provider must not cause or allow subproviders to bid their services.
b. The preceding information shall be submitted directly to the Chair of the Consultant Selection Team
responsible for the project.
c. The Provider shall make all reasonable efforts to honor commitments to DBE subproviders named in the
commitment submitted under Section 2.c. of this attachment. Where the Provider terminates or removes a
DBE subprovider named in the initial commitment,the Provider must demonstrate on a case-by-case basis to
the satisfaction of the department that the originally designated DBE was not able or willing to perform.
d. The Provider shall make a good faith effort to replace a DBE subprovider that is unable or unwilling to
perform successfully with another DBE,to the extent needed to meet the contract goal. The Provider shall
submit a completed Exhibit H-2 Form for the substitute firm(s). Any substitution of DBEs shall be subject to
prior written approval by the Department. The Department may request a statement from the firm being
replaced concerning its replacement prior to approving the substitution.
Page 2 of 4 Attachment H-FG
Contract No.:•: :
e. • The:Provider.shall'dsighate.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 Investigatethe 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:.opportunity programs/tucp__dbe_directory.htm. •
d.- Only firms certified at the time the contract is signed or at the time the commitments are submitted
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 performi 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 sub rovider:may subcontract no:more than 70%_of:a federal aid contract. The DBE.subprovider shall
. •• • perform no less than 30%.of the-value.of the contract-work with assistance of employees.employed:and paid. .
directly bythe 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 maybe required to substantiate.the.payment;as deemed necessary.by the.Department.... ... .
8) RECORDS AND REPORTS:
• a.• After submission of the commitment reported(Exhibit H-1),required by Section 2.c. of this
attachment,the Provider shall submit Monthly Progress Assessment:Reports.(Exhibit 11-3),E 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.activityiscompleted. The De artment may
. :• .: .
verify the amounts being:reported as paid to:DBEs by requesting'copies of canceled checks paid to DBEs on
a rand om asis. •
b. DBE subproviders should be identified on the report byname,type of work.being performed,the,amount of:
actual payment made.to:each during the billing_period, cumulative:payment amount:and percentage Of the
total contract amount: .These reports will be'due within fifteen.(15) days after the end of a calendar month:.
Reports are required even when no DBE activity has-occurred in a billing period.
:Page 3 of 4
Attachment H-FG..: :•: :
Contract No.
c. All such records must be retained for a period of seven(7)years following 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 kr comply with the requirements of this Special Provision shall constitute a material breach
of this contract. In such a case,the Department reserves the right to terminate the contract; to deduct the amount
of DBE goal not accomplished by DBEs from the money due or to become due the Provider,not as a penalty but
as liquidated damages to the Department; or such other remedy or remedies,as the Department deems
appropriate.
12/06
DBE-FED.ATT
Page 4 of 4 Attachment H-FG
Contract No.
ATTACHMENT H-FN
Disadvantaged Business Enterprise (DBE) for Race-Neutral Professional or Technical Services Contracts
It is the policy of the U. S. Department of Transportation(DOT)that DBEs as defined in 49 CFR Part 26, Subpart A,
be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal
funds and that a maximum feasible portion of the Department's overall DBE goal be met using race-neutral means.
Consequently, if there is no DBE goal,the DBE requirements of 49 CFR Part 26, apply to this contract as follows:
The Provider will offer DBEs as defined in 49 CFR Part 26, Subpart A,the opportunity to compete fairly for
contracts and subcontracts financed in whole or in part with federal funds. Race-Neutral DBE participation on
projects with no DBE goal should be reported on the Exhibit H-3 Form. Payments to DBEs reported on Exhibit H-3
are subject to the following requirements:
DETERMINATION OF DBE PARTICIPATION.
A firm must be an eligible DBE and perform a professional or technical function relating to the project.
Once a firm is determined to be an eligible DBE,the total amount paid to the DBE for work performed with
his/her own forces must be reported as race-neutral DBE participation. When a DBE subcontracts part of the
work of its contract to another firm,the value of the subcontracted work should not be reported unless the
subcontractor is itself a DBE.
A DBE subprovider may subcontract no more than 70%of a federal aid contract. The DBE subprovider
shall perform not less than 30% of the value of the contract work with assistance of employees employed and
paid directly by the DBE; and equipment owned or rented directly by the DBE. DBE subproviders must
perform a commercially useful function required in the contract. A DBE performs a commercially useful
function when it is responsible for execution of the work of the contract and is carrying out its
responsibilities by actually performing,managing, and supervising the work involved. To perform a
commercially useful function,the DBE must also be responsible,with respect to materials and supplies used
on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing
(where applicable) and paying for the material itself. When a DBE is presumed not to be performing a
commercially useful function,the DBE may present evidence to rebut this presumption.
A Provider must report a portion of the total value of the contract amount paid to a DBE joint venture equal
to the distinct, clearly defined portion of the work of the contract performed by the DBE.
•
Proof of payment, such as copies of canceled checks,properly identifying the Department's contract number
or project number may be required to substantiate the payment, as deemed necessary by the Department.
The Provider and any subprovider shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of contracts. These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a material breach of this contract and, may result
in termination of the contract by the Department or other such remedy as the Department deems appropriate.
12/06
DH-OGOAL.ATT
Page 1 of 1 Attachment H-FN
Contract No.
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 tenn, 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 15 % 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.
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
distinct element of the work of a contract; and actually manages, supervises, and controls the materials,
Contract No.
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-1),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.
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
Contract No.
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
Contract No.
EXHIBIT H-1
Texas Department of Transportation
Subprovider Monitoring System
Commitment Worksheet
Contract#: Assigned Goal: 15% Federally Funded __ State Funded
Prime Provider: PTP Transportation, LLC Total Contract Amount: $399,864.48
Prime Provider Info: DBE X HUB Both
Vendor ID#: 12754547961_ DBE/HUB Expiration Date: N/A
(First 11 Digits Only)
If no subproviders are used on this contract,please indicate by placing"NM"on the Is`line under Subproviders.
Subprovider(s) Type Vendor ID# D=DBE Expiration $Amount or
(List All) of Work Date
(First 11 Digits Only) H=HUB %of Work
Aguirre and Fields Construction 17606945404 DBE 2/27/17 15%
inspection #16-2-9660
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 $59,979.60
Total DBE or HUB Commitment Percentages of Contract 15%
(Commitment Dollars and Percentages are for Subproviders only)
12/06 DBEH1.AT
Page 1 of 1 4/06 DBE-H2.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"NM"on the 1st 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 DBE-H4.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
Aguirre &Fields, LP 12999:Jess Pirtle • 281-340-890:0
Sugarland Tx 77478
•
•
The:information must:be provided and returned with the contract.
�t � w�,`^''' otitt: :. 1/25/2017
Sign re. : . . Date
_Jennie N. Taraborelli jtaraborelli(a� net 936-441-9121
Printed Name. . • Email. • .. . . . . : Phone#
Page 1 of 1: Exhibit H-5