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R2022-230 2022-10-10RESOLUTION NO. R2022-230 A Resolution of the City Council of the City of Pearland, Texas, amending a design contract with Gauge Engineering, associated with the Clear Creek Trail Project (Town Ditch/Preserve at Highland Glen to Pearland Parkway at UHCL), in the additional amount of $104,749.44 (total contract of $722,846.35). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract for design services associated with the Clear Creek Trail Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an amended contract for design services associated with the Clear Creek Trail Project. PASSED, APPROVED and ADOPTED this the 10th day of October, A.D., 2022. _________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 ! "#$% $&’()$ *+#&#% $,#* $-.# $/&/)0 1 $)2*3,#4 %5* ! "#$"%##& ’" ()* + ,-./0121.1 !" # "$%"&’!"( ()* 21.1 #1.1-/ ()* )*($+((, 3* *( -(!(. ##/". #0. 1&*23, 456 7 "89& :;:; $21.1120!+$21 .1120!+.. !24.5 6!.+72 0 012+)82+.20+20149 11.4)$2.:119.... !.01+(1+((..+1.;...<.+ <!2$; $.),!.<1+.!2..="# .+0+2+.!) *( <*=01#--.7 :0!- #!* : #8 +" "-(!( #0>*+7#-*?.* !;/" ()* ()* ,!6<.22+.;.),12-/2<1.0!6..22+. 2>1..) &27.00 ..02+7.!+.0(22+ .+) 4"%, $8@"$ !8!8$"A!;"*( $@(!8$" %+012+-/..22+ .02.1..)$202+...!2 22+ .) : #B:C ’: 78< " ()* ()* *+ ()* -()/* ()* ()* ()* ()* +0 )&.? 9/26/2022 Exhibit A DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 10/11/2022 | 2:40 PM CDT 10/11/2022 | 3:38 PM CDT 5 Attachments to Contract for Engineering Services Attached and Incorporated into the Contract by Reference Attachment Name of Attachment A General Provisions B Services to be Provided by the City C Services to be Provided by the Engineer D Anticipated Schedule E Anticipated Maximum Fee F Insurance for Designated Professional Service Contracts G Document and Information Exchange H Overview Map DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 6 ATTACHMENT A General Provisions DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 7 ATTACHMENT A GENERAL PROVISIONS INDEX TO PROVISIONS Article Title 1 Work Schedule 2 Notice to Proceed 3 Progress 4 Suspension of Work 5 Additional Work 6 Changes in Work 7 Supplemental Agreements 8 Ownership of Data 9 Public Information 10 Personnel, Equipment and Material 11 Not Applicable 12 Subcontracting 13 Inspection of Work 14 Submission of Reports 15 Violation of Contract Terms 16 Termination 17 Compliance with Laws 18 Indemnification 19 Engineer’s Responsibility 20 Noncollusion 21 Insurance 22 Gratuities 23 DBE/HUB Requirements 24 Maintenance, Retention and Audit of Records 25 Not Applicable 26 Civil Rights Compliance 27 Patent Rights 28 Computer Graphics Files 29 Child Support Statement 30 Disputes 31 Successors and Assigns 32 Severability 33 Prior Contracts Superseded 34 Conflict of Interest 35 Certificate of Interested Parties 36 Prohibition on Contracts With Companies Boycotting Israel DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 8 ATTACHMENT A GENERAL PROVISIONS ARTICLE 1. WORK SCHEDULE A. Work Schedule. The Engineer shall develop a work schedule, attached hereto and labeled Attachment D, Work Schedule, showing how the scope of services under this contract shall be accomplished within the contract period and at the agreed upon cost. B. Changes to Work Schedule. If at any time during the contract period the Engineer determines that the authorized services cannot be completed before the end of the contract period as specified in Article 2 of the contract (Contract Period), the Engineer shall immediately notify the District. The City will evaluate the request, and at its sole discretion may extend the contract period by written supplemental agreement as provided in General Provisions, Article 7, Supplemental Agreements. If the City determines that the contract period will not be extended, the Engineer must complete the work within the original contract period. ARTICLE 2. NOTICE TO PROCEED A. Written Notice. The City shall issue a written notice to the Engineer authorizing work to begin. The Engineer shall not proceed with any work authorized in this contract until such notice is received. B. No Costs Incurred. The Engineer shall not undertake work or incur costs under this contract until the written notice to proceed is issued. Any costs incurred by the Engineer prior to receipt of such notice are not eligible for reimbursement under this contract. ARTICLE 3. 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 the work, 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 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 9 established time periods; this disclosure will be accompanied by statement of the action taken or contemplated, and any State or federal assistance needed to resolve the situation; and 2. favorable developments or events that 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 Attachment D, Work Schedule, the City shall review the work schedule with the Engineer to determine the nature of corrective action needed. ARTICLE 4. SUSPENSION OF WORK A. Notice. Should the City desire to suspend the work but not terminate the contract, the City may verbally notify the Engineer followed by written confirmation, giving thirty (30) days notice. Both parties may waive the thirty-day notice in writing. B. Reinstatement. The work 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 the work, the contract period as determined in Article 2 of the contract (Contract Period) is not affected, and the contract will terminate on the date specified unless the contract is amended to authorize additional time. D. Limitation of Liability. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or after the completion date of the contract. ARTICLE 5. 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 and showing how the work 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 Article 7, Supplemental Agreements, of these General Provisions. If performance of the additional work will cause the maximum amount payable under the contract to be exceeded, the Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution of a supplemental agreement. 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 6. 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 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 10 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 5, 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 revisions as are 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 7. SUPPLEMENTAL AGREEMENTS A. Need. The terms of this contract may be modified if the City determines that there has been an increase or decrease in the duration, scope, or character of the services to be performed. A supplemental agreement will be executed to authorize such increases or decreases. B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the contract (Compensation). 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 8. CITY 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 plan created by the City. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 11 ARTICLE 9. 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. ARTICLE 10. 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. City Approval of Replacement Personnel. The Engineer may not replace the project manager or key personnel without prior consent of the City. The City must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the City determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the City within forty-five (45) days. ARTICLE 11. NOT APPLICABLE ARTICLE 12. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract, or transfer any portion of professional services related to the work under this contract without prior written approval from the City. B. DBE Compliance. The Engineer’s subcontracting program shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 15 percent of the value of this contract to Disadvantaged Businesses. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code and will comply with them. C. Required Provisions. All subcontracts for professional services shall include the provisions DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 12 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. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 13. INSPECTION OF WORK A. Review Rights. The City 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 City or federal representatives in the performance of their duties. ARTICLE 14. 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 15. 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 16. 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 22, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements. (6) By satisfactory completion of all services and obligations described herein. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 13 B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days. C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City terminates this contract for fault on the part of the Engineer, the City will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the City of the work performed. D. Calculation of Payments. The State 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 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. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 14 ARTICLE 17. 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 18. 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 19. 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 and/or omissions will be determined by the City and all decisions shall be in accordance with the City's "Errors or Omissions Policy" in accordance with 43 Texas Administrative Code §9.38(f). The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. C. 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. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 15 ARTICLE 20. 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 21. INSURANCE The Engineer certifies that it has insurance on file with the City in the amount specified in Attachment F. 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. ARTICLE 22. GRATUITIES A. Employees Not to Benefit. The City policy mandates that employees of the City shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the City under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the Mayor. 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 23. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS/MINORITY AND WOMEN BUSINESS ENTERPRISE COMPLIANCE The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 15 percent of the value of this contract to Disadvantaged Business Enterprises. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code and will comply with them. ARTICLE 24. 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 four 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 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 16 last. B. Availability. The City or any of its duly authorized representatives, the Texas Department of Transportation, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the Engineer’s Records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. C. Examination. The City shall require the Engineer to make the Records available for the purpose of checking the amount of work performed by the Engineer at the time of contract termination or for other reasons of its own, not subject to agreement by the Engineer. ARTICLE 25. NOT APPLICABLE ARTICLE 26. CIVIL RIGHTS COMPLIANCE (1) Compliance with Regulations: The Engineer shall comply with the regulations of the Department of Transportation, Title 49, Code of Federal Regulations, Parts 21, 24, 26 and 60 as they relate to nondiscrimination; also Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375. (2) Nondiscrimination: The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. (3) 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 shall be notified by the Engineer of the Engineer’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the City, the Texas Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City, the Texas Department of Transportation or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the City, the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 17 (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City, the Texas Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the City to enter into such litigation to protect the interests of the City; and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 27. PATENT RIGHTS The City and the U. S. Department of Transportation 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 28. COMPUTER GRAPHICS FILES The Engineer shall provide Computer Graphics Files as required by the State. ARTICLE 29. CHILD SUPPORT STATEMENT The Engineer certifies that it has a child support statement on file with the Contract Services Office of the Texas Department of Transportation. The Engineer is responsible for keeping the child support statement current and on file with that office for the duration of the contract period. The Engineer further certifies that the child support statement on file contains the child support information for the individuals or business entities named in this contract. Under Section 231.006, 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. ARTICLE 30. 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 §201.1. ARTICLE 31. 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, DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 18 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 32. 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 33. 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 34. CONFLICT OF INTEREST The undersigned 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 firm shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the department's interests. The Engineer shall submit executed Form 1295. ARTICLE 35. CERTIFICATE OF INTERESTED PARTIES Pursuant to Section 2252.908 of the Government Code, any contracts entered into on or after January 1, 2016 that require an action or vote by a governing body of the entity or agency and/or have a value of at least one (1) million dollars, will need to meet the following requirements once the bidder is notified of the award of contract: (1) A business entity will need to file form 1295 – Certificate of Interested Parties electronically via the Texas Ethics Commission website (https://www.ethics.state.tx.us/main/file.htm ). The business entity will be required to create a profile on the site. (2) Once the form is submitted electronically, the business entity will need to print, sign and have the form notarized and submit it to the City as part of this agreement. (3) The City will then need to acknowledge the form electronically no later than the 30th day after the date the contract binds all parties to the contract and include a copy of the signed/notarized version to the contract documents. ARTICLE 36. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL As required by Chapter 2270, Texas Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 19 ATTACHMENT B Services to be Provided by City DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 20 ATTACHMENT B SERVICES TO BE PROVIDED BY THE LOCAL GOVERNMENT “CITY” For each negotiated Work Authorization, the Local Government will designate a Project Manager to represent the Local Government and will provide the following information or services as listed below by Function Code (FC). Subject to availability, the services to be provided or performed by the Local Government will include, but not be limited to, the following items: Route and Design Studies • Previously completed studies • Any preliminary engineering concepts or schematics previously completed Project Management and Administration • Review and approve Project Design Criteria. • Timely review and decisions necessary for the Engineer to maintain the contracted project schedule. Additional Responsibilities • Provide design criteria for roadway, structures, drainage, and hydraulics. • Interface with local, regional, State and Federal agencies or other entities on behalf of Engineer if necessary. • Provide the Engineer with timely reviews in accordance with Exhibit C, “Work Schedule” of the Work Authorization and decisions to enable the Engineer to maintain the project schedule as approved by the State. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 21 ATTACHMENT C Services to be Provided by Engineer DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 22 ATTACHMENT “C” SERVICES TO BE PROVIDED BY THE ENGINEER Project: Clear Creek Bike Trail Limits: Town Ditch (A105-00-00) to University of Houston at Clear Lake CSJ: 0912-00-560 The work to be performed by the Engineer under this contract consists of providing professional engineering, environmental, surveying, and landscape services required for the preparation of Plans, Specifications and Estimates (PS&E) and bidding documents for a ten (10) foot wide shared use path along Clear Creek in Harris and Brazoria Counties. The total length of new trail is approximately 10,000 feet (1.9 miles). One pedestrian bridge is proposed to cross Clear Creek. Two trail heads that will include parking, lighting, irrigation and drinking fountain. The Engineer shall prepare plans, details and compute quantities to include bike trail design, grading, paving, sidewalks and pedestrian ramps, drainage, signing, pavement markings, traffic control plans, storm water pollution prevention plans, landscape architecture, retaining walls, specifications, and cost estimates. The Engineer shall also prepare the bridge layouts; and furnish the structural details along with the bridge quantities for the single span bridge crossing. Engineer shall prepare a project manual to include appropriate front-end documents and specifications for TxDOT and City of Pearland. The Engineer shall collect, review and evaluate the available existing data pertaining to the project and prepare the Plans, Specifications and Estimates (PS&E) in accordance with the requirements and policies of TxDOT. The Engineer shall identify, prepare exhibits and complete all necessary forms for Design Exceptions and Waivers or both, within project limits prior to the 30% Submittal. These exceptions shall be provided to the TxDOT for coordination and processing of approvals. If subsequent changes require additional exceptions, the Engineer shall notify TxDOT as soon as possible after identification. It shall be the responsibility of the City to assist the Engineer to secure right of entry to private property for the purpose of performing any surveying, environmental, and/or soil boring activities. In pursuance of TxDOT's policy with the general public, the Engineer shall not commit acts which will result in damages to private property and the Engineer will make every effort to comply with the wishes and address the concerns of private property owners. The Engineer shall perform their work in accordance with TxDOT’s Utility Accommodation Policy, and the Houston District’s TxDOT Utility Cooperative DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 23 Management Process. The Engineer shall prepare drawings early in the design phase (30%) to be used as exhibits in utility agreements. The exhibits shall be prepared using English units. The Engineer shall show existing utilities, including those in conflict with construction on this project. The Engineer shall prepare plans to avoid or minimize utility adjustments, where feasible. The Engineer shall implement TxDOT Utility Cooperative Management Process and is responsible for sending out notices, with copies of exhibits and plans, including all milestone submittals. The Engineer shall compile, maintain and update a Utility Conflict List to include phone log and all correspondence to the utility owners. The Engineer shall provide the most current copy of the conflict list to TxDOT at each milestone submittal, and shall be responsible for coordination with utility companies to resolve conflicts. The Utility Conflict List shall identify the owner of the facility, the contact person (with address and telephone number), location of conflict (station and offset), type of facility, expected clearance date, status, effect on construction and type of adjustment necessary. After identifying all conflicting utilities, and in coordination with TxDOT's Project Manager, the Engineer shall arrange for (send plans and invitations in a timely manner) and attend utility meetings with all utility owners and other interested parties or agencies that are identified to be within the proposed project’s area. This meeting will be held at the Houston District office. The purpose of this meeting is to ensure that all utility owners and area entities are aware of the scope and relevant details of the proposed project. The Engineer shall be responsible for writing and documenting the meeting minutes and other follow-up work with utility owners, if necessary. The information obtained at each utility meeting shall be included as part of the milestone submittals. The Engineer shall determine prior to 30 percent milestone submittal if Subsurface Utility Engineering (SUE) will be required for this project. The Engineer shall make every effort to prevent detours and utility relocations from extending beyond the proposed right of way lines. If it is necessary to obtain additional right of way, permanent or temporary easements and /or right of entry, the Engineer shall notify the City in writing of the need and justification for such action. The Engineer shall identify and coordinate with all utility companies for relocations required. The Engineer shall prepare any exhibits necessary for Utility and drainage district approvals, and other governmental/regulatory agencies, specific to the project. The Engineer shall review the findings of the environmental document study; include 11" x 17" copies of the Environmental Permits to be inserted into the final PS&E, if applicable. Any applicable project specific maintenance agreements provided by the City should be inserted by the Engineer into the final PS&E. The Engineer shall coordinate through the City’s Project Manager for the development of the PS&E with any local entity having jurisdiction or interest in the DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 24 project (e.g. drainage district, county, municipal utility district, etc.). The Engineer will provide the Comprehensive Drainage Impact Study (including the HEC-1, HEC-2 and HEC-RAS, if desired), and drainage and flood control impact evaluation material, preliminary drainage engineering information related to the Engineer’s focus area of design for approval by the City, Harris County Flood Control, Brazoria County Drainage District No. 4, and TxDOT. The Engineer shall prepare Storm Water Pollution Prevention Plans (SW3P), including details and pay quantities. The City will provide the Notice of Intent. The preliminary cost estimate for the proposed improvements shall be prepared by the Engineer utilizing the Houston District’s 12-month and / or 3-month average unit prices. The Engineer shall not move forward with performing detailed PS&E (60%, 90%, 95% and final submittals) until the TxDOT approves the 30% milestone submittal. The PS&E shall be complete and organized in accordance with Stand Alone Manual Notice 00-1 entitled “Organization of Plan Sheets” and as identified by the latest edition of the Consultant Contract Administration’s “Guidelines for Milestone Submittals". The PS&E package shall be suitable for the bidding and awarding of a construction contract, and in accordance with the latest TxDOT’s policies and procedures, and the Houston District’s PS&E Checklist. The Engineer shall also comply with the AASHTO Guide for the Development of Bicycle Facilities requirements. The Engineer shall use Computer-Aided Design and Drafting (CADD) to fully develop all drawings. The CADD drawings developed shall be compatible with TxDOT using Microstation V8 or V8I. The computer graphics files furnished must comply with Attachment G of this contract, entitled TxDOT’s Document and Information Exchange. The Engineer shall provide earthwork cross-section data files in a GEOPAK format as an evolving electronic data file and the latest version of the Houston District’s PS&E checklist at each milestone submittal. TxDOT cross section criteria files should be used to generate design cross sections. New criteria files should only be developed in the absence of applicable existing TxDOT criteria files. The PS&E shall be developed in English units using TxDOT’s latest specifications and provisions. The final plan sheets shall be electronic and pdf versions, size 11” x 17", signed, sealed and dated by a Professional Engineer registered in the state of Texas. The plans shall be noted as copyrighted with TxDOT’s logo. PS&E for the above work shall be prepared in accordance with the applicable requirements of the TxDOT’s Specifications, Standards and Manuals. Whenever possible, the TxDOT’s standard drawings, standard specifications, or previously approved special provisions and/or special specifications shall be used. If a special provision or a special specification must be developed or modified for this project, it shall be in TxDOT’s format and, to the extent possible, incorporate references to approved TxDOT test procedures. Any specifications developed by the Engineer shall be DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 25 submitted to TxDOT for approval prior to inclusion in the PS&E. The Engineer shall sign, seal, and date all project specific modifications to standard drawings. The Engineer shall make submittals, as defined by the milestones in Attachment "D" of the contract, and in accordance with the latest TxDOT's policies and procedures. The submittals shall consist of two (2) 11"x17" paper sets along with electronic submissions. The Engineer shall reply to each comment either within the plan set or by separate cover letter with a response to comment matrix. The Engineer shall make all agreed upon changes to the submitted documents before the next scheduled submittal. The Engineer may be required to meet with the City and TxDOT Project Managers monthly to report on progress. After each meeting with the City and any other meeting, the Engineer shall prepare meeting minutes, solicit and incorporate participants’ comments, distribute the minutes, submit a memorandum summarizing the events, including an ACTION ITEM LIST, within five (5) working days of the meeting. The Engineer may be asked to incorporate into the project PS&E package, additional plans, specifications and quantities developed by others. The Engineer shall insert the package, number sheets, and update the Index of Sheets and provide a construction cost estimate of the plans developed by others. If significant effort is needed, this work will be handled by supplemental agreement. The Engineer shall prepare a design time schedule that shall indicate tasks, critical dates, milestones, deliverables, review requirements in a format that depicts the interdependence of the various items and shall be updated monthly and submitted with the invoice. The Engineer shall provide assistance to City and TxDOT personnel in interpreting the schedule. Milestone submittals shall be at 30%, 60% 90%, 95% and final. If the Engineer cannot meet the scheduled milestone review date they are to advise the City and TxDOT in writing. The Engineer shall prepare a construction time determination in accordance with the TxDOT's Administrative Circular No. 17-93 be submitted one month prior to the 90 % milestone submittal. The Engineer shall provide assistance to City and TxDOT personnel in interpreting the schedules. In addition to scheduling software set forth above, reports and/or spreadsheets prepared in connection with these services shall be in the Microsoft (MS) Office XP software. The Engineer shall be required to maintain compatible versions to TxDOT’s software packages. The project's engineering work may be inspected by the City, TxDOT and the Federal Highway Administration in the offices of the Engineer, except for the field work which shall be performed on-site, and the sub-consultant work which will be performed in the office of the sub-consultant. After notice to proceed is given in writing, the PS&E for the work outlined above shall be completed and submitted to the City within the negotiated contract period per the identified milestones in the schedule. All documents submitted to the City and TxDOT shall be accompanied by a letter of DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 26 transmittal which shall include, but need not be limited to, road name, project limits, county, CSJ, and contract number. The Engineer shall designate one Texas Registered Professional Engineer to be responsible throughout the project for project management and all communications, including billing, with TxDOT. The Engineer shall prepare and execute contracts with sub-consultants, monitor sub- consultant activities (staff and schedule), and review and recommend approval of sub- consultant invoices. Once sub-consultant contracts are executed, the Engineer is to provide copies of each sub-consultant contract to TxDOT. Any subsequent amendment to the Engineer’s contract with TxDOT by supplemental agreement requiring services to be performed by a sub-consultant shall require an amendment to the sub-consultant contract as well. This is to be reviewed and approved by TxDOT. The Engineer shall implement their Quality Assurance/Quality Control program prior to submitting plans to the City for each of the milestones. A milestone submittal is not considered complete unless the required milestone documents are submitted. The Engineer shall meet with the City and TxDOT monthly or as needed to discuss progress of work and resolve any questions of design during the PS&E preparation. Detailed description of work by Function Code: ROUTE & DESIGN STUDIES (Function Code 110) A. Data Collection: The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the City in writing whenever the Engineer finds disagreement with the information or documents: 1. Data, if available, from the City or TxDOT, including “as-built plans", existing schematics, right-of-way maps, SUE mapping, existing cross sections, existing mapping, environmental documents, existing channel and drainage easement data, PMIS data, identified endangered species, identified hazardous material sites, current unit bid price information, current special provisions, special specifications, and standard drawings. 2. Documents for existing and proposed development along proposed route from local municipalities and local ordinances related to project development. 3. Utility plans and documents from appropriate municipalities and agencies. 4. Readily available flood plain information and studies from the Federal Emergency Management Agency (FEMA), the U. S. Army Corps of Engineers, local municipalities and other governmental agencies in addition to that provided by TxDOT. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 27 B. Field Reconnaissance: The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer’s office) of notable existing features. C. Design Concept Conference: Design Concept Conference (DCC) is not needed for this project. However, Design Summary Report (DSR) form, along with supporting documents, needs to be filled out prior to the 30 percent milestone submittal and approved by the State. D. Trail and Hydraulic Design Criteria: The Engineer shall design the project according to the latest City of Pearland, Brazoria County Drainage District No. 4, Harris County Flood Control, AASHTO, and TxDOT's design criteria. The Engineer shall supply project specific design criteria (typical sections, estimate, design exceptions, etc.) to be inserted into the Design Elements form and submitted electronically for discussion at the DCC. E. Preliminary Cost Estimate: The Engineer shall prepare a preliminary construction cost estimate using Houston District’s 12-month and / or 3- month average unit rates, as reasonable. F. Geotechnical Borings. The Engineer shall determine the location of proposed soil borings for trail pavement design, bridge design, embankment settlement analysis, retaining walls, and slope stability in accordance with the latest edition of the TxDOT Geotechnical Manual. The City and TxDOT will review and provide comments for a boring layout submitted by the Engineer showing the general location and depths of the proposed borings. Once the Engineer receives the City’s and TxDOT's review comments they shall perform soil borings (field work), soil testing and prepare the boring logs in accordance with the latest edition of the TxDOT Geotechnical Manual and Houston District’s procedures and design guidelines. All geotechnical work should be performed in accordance with the latest version of the TxDOT Geotechnical Manual. The Engineer shall review field logs and assign laboratory testing. All testing shall be performed in accordance with the latest version of the TxDOT Manual of Test Procedures. ASTM test procedures can be used only in the absence of the TxDOT’s procedures. All soil classification should be done in accordance with the Unified Soil Classification System. The Engineer shall perform retaining wall analyses, if applicable. This analysis should include the computation of the factor of safety for bearing capacity, global stability, overturning and sliding. In addition, the Engineer should include allowable bearing pressure, passive earth pressure, friction factor and lateral earth pressure for the retaining walls. The Engineer shall provide a signed, sealed and dated geotechnical report which contains but is not limited to soil boring locations, boring logs, laboratory test results, generalized subsurface conditions, ground water conditions, piezometer data, analyses and recommendations for settlement and slope stability of the earthen embankments, skin friction tables and DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 28 design capacity curves including skin friction and point bearing. The skin friction tables and design capacity curves should be present for piling and drilled shaft foundation. The Engineer shall provide recommendations for trail concrete pavement, bridges, and retaining walls. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the Geotechnical Engineer in the PS&E package. The soil boring sheets shall be in accordance with TxDOT WINCORE software as can be found on the Texas Department of Transportation website. A separate proposal for geotechnical services is also attached in Attachment E. ENVIRONMENTAL STUDIES & PUBLIC INVOLVEMENT (Function Code 120) The services to be provided by the Engineer include preparation of appropriate supporting documentation to support a Categorical Exclusion (CE) Determination for the proposed City of Pearland Clear Creek Trail project. The project consists of approximately 1.9 miles of ten-foot-wide bike/pedestrian off-roadway trail as shown in green on the attached exhibit. The proposed trail may require some easements and/or additional right-of-way (ROW). This scope of services and cost estimate is based on the proposed project being approved as a C-List CE project under 23 CFR 771.117(c)(3) commonly referred to as a C3 CE titled Construction of Bicycle and Pedestrian Lanes, Paths, and Facilities. Approval of the CE determination will be made by the Texas Department of Transportation (TxDOT) Houston District. All work on the project shall conform to the applicable requirements of TxDOT and the Federal Highway Administration (FHWA) as of the date of this Scope of Services. All work to be performed shall be subject to review and approval by Pearland and TxDOT. The project will be let for construction by Pearland. The work required is described below according to each task to be performed. The CE documentation will be prepared in accordance with TxDOT’s guidelines and requirements as of the date of this scope of services. Task 1 – Data Collection ENGINEER shall collect, review and evaluate any necessary available and appropriate data pertaining to this project and/or the project area, including but not limited to, aerial photography, demographic maps/Census information, historical and archeological site listings, USGS topographic quadrangle maps, national wetland inventory maps, floodplain maps, hazardous materials database information, proposed letting schedule, design drawings, and any pertinent information related to this proposed project. Task 2 – Air Quality Analysis DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 29 In accordance with TxDOT’s Air Quality Handbook dated May 2017, a Traffic Air Quality Analysis is not required because the project does not add capacity. Also, in accordance with federal guidelines in Section 93.126 of Title 40 CFR, the proposed project, a hike and bike trail, is exempt from a conformity determination. These findings will be documented in an Air Quality Technical Report. Task 3 – Mobile Source Air Toxics Analysis In accordance with TxDOT’s Air Quality Handbook dated May 2017, a Mobile Source Air Toxics (MSAT) Analysis is not required because the project is a CE project and does not add capacity and is a project listed in 40 CFR 93.126. Task 4 – Cultural Resources Consultant will prepare a Project Coordination Request (PCR) and an Archeological Background Study for coordination with TxDOT-ENV. The two documents are intended to provide initial coordination and documentation to assess effects under and comply with Section 106 of the National Historic Preservation Act (Section 106) and the Antiquities Code of Texas. Consultant will review the existing files in the Texas Historic Sites Atlas to determine if any previously recorded structures or National Register of Historic Places properties are located within or near the proposed project area. Consultant shall prepare a Non-Archeological Historic Resources PCR (August 2015 version) for review and comment by TxDOT-ENV. Consultant will review the existing files held by the Texas Archeological Research Laboratory (TARL) and the Texas Historical Commission (THC) to determine if any previously recorded archeological sites, sites or districts listed in the National Register, State Antiquities Landmarks, Registered Texas Historic Landmarks, local landmarks/districts, architectural surveys, cemeteries, or archeological surveys occur within or near the proposed project area. The location of any previously recorded cultural resources sites and surveys will be plotted onto USGS 7.5-minute topographic maps and aerial photographs to evaluate potential constraints. Consultant will also consult the soil survey maps for Harris/Brazoria County, relevant aerial photography, historical maps, land use maps, the Geologic Atlas of Texas and other municipal archival sources to assess the likelihood for cultural resource issues and make recommendations regarding impacts from Clear Creek Hike & Bike Trail. The results of this effort will be integrated into Archeological Background Study that summarizes potential impacts and constraints for the proposed project and outlines the process for compliance with state statutes during the planning process. Field surveys are not included under this scope of work. Task 5 – Water Quality ENGINEER shall document compliance with Section 402 of the Clean Water Act (CWA): Texas Pollutant Discharge Elimination System (TPDES), Construction General Permit (CGP) requirements. The Storm Water Pollution Prevention Plan (SW3P), if required, will be prepared by others. The ENGINEER shall identify any impaired waters using the Texas Commission on Environmental Quality (TCEQ) 2018 Section 303(d) Clean Water Act list of impaired waters. This work will be documented in TxDOT’s Surface Water Analysis Form dated January 2020. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 30 Task 6 – Floodplains The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for the project location will be analyzed with respect to the proposed project and the information documented. This task includes preparing an exhibit to include any 100-year floodplain locations. This work will be documented in the Surface Water Analysis Form identified under Task 6 above. Task 7 – Wetland Determinations and Permitting The wetland determinations will be conducted using the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region, November 2010, version 2.0 and the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual, Technical Report Y-87-1, January 1987, Final Report (1987 Manual). This task will include completing Wetland Determination Data Forms, according to the Supplement. This task will include identifying any other waters of the U.S. (e.g. creeks, streams, etc.), which would be subject to regulation under Section 404 of the Clean Water Act. The results of the wetland determinations will be documented in a Waters of the U.S Delineation Report. This scope of services and fee is based on one jurisdictional stream (Clear Creek) with adjacent wetlands being present within the project limits and that the project will require a Nationwide Permit 14 with a Pre-Construction Notification (PCN). The design drawings required for the PCN will be prepared by others. If it's desired for ENGINEER to prepare the PCN design drawings, additional fee will need to be added. Task 8 – Vegetation Inventory ENGINEER shall assess the existing vegetation in the immediate proposed project area. The vegetation discussion will comply with the Memorandum of Understanding (MOU) between TxDOT and Texas Parks and Wildlife Department (TPWD) effective September 1, 2013. The results and findings will be documented in TPWD’s Tier I Site Assessment dated December 2019 which assesses the need for TPWD coordination. Task 9 – Threatened and Endangered Species ENGINEER shall conduct threatened and endangered species habitat assessments using the U.S. Fish and Wildlife Service (USFWS) and TPWD threatened and endangered species list and shall conduct a Natural Diversity Database (NDD) search. The results and findings will be documented in TxDOT’s Species Analysis Form dated January 2020 and Species Analysis Spreadsheet dated April 2020. This scope of services and fee is based on a no effect determination. The Species Analysis Form also addresses the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. Task 10 – Hazardous Materials ENGINEER shall conduct a hazardous materials initial site assessment for the proposed project to identify sites within the project area that may have experienced soil and/or groundwater contamination by hazardous materials. The assessment will consist of a review of regulatory/governmental agency database records and an onsite investigation. The regulatory database search will occur within the minimum DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 31 search distances set by American Society for Testing and Materials (ASTM) E 1527-13. The results of the hazardous materials investigation will be documented in TxDOT’s Hazardous Materials Initial Site Assessment Report dated December 2019. Task 11 – Community Impact Analysis ENGINEER will complete TxDOT’s Community Impacts Assessment Technical Report Form dated August 2019. Since this is a hike and bike trail project and does not involve any improvements or alterations to roadways or travel lanes, TxDOT’s Demographic Characteristics for Community Impacts Study Area Table and Detailed Economic Analysis Form dated August 2019 will not be required and is therefore, not included in this scope of services or fee. Task 12 – Indirect and Cumulative Impact Analyses In accordance with TxDOT’s Indirect Impacts Analysis Guidance dated January 2019, a written indirect impacts analysis is not required for a CE project and will therefore, not be conducted in this scope of services. Also, in accordance with TxDOT’s Cumulative Impacts Analysis Guidelines dated January 2019, a written cumulative impacts analysis is not required for a CE project and will therefore, not be conducted in this scope of services. Task 13 – Traffic Noise Since this is a hike and bike trail project and will not involve additional capacity improvements to any roadways and there will be no substantial vertical or horizontal alterations to any roadways, a noise analysis will not be required in accordance with TxDOT’s Traffic Noise Handbook dated May 2018 and their new 2019 noise policy. Task 14 – Notice and Opportunity to Comment A notice and opportunity to comment will be mailed directly to adjacent property owners and affected local governments and public officials to inform them of the project and allow them an opportunity to submit comments prior to the environmental decision on the project (43 TAC 2.104). A 15-day comment period is provided to these recipients. Documentation of Notice and Opportunity to Comment will then be prepared which will contain the following information: • Cover Page; • Comment/Response Matrix; • Notices Provided; • Comments Received; This scope of services does not include any public meetings or public hearings. This Scope of Services does not include prime farmlands, Section 4(f) Evaluation (required for taking parkland, recreation land, and historic sites), Biological Assessment/Biological Evaluation (associated with endangered species/habitat impacts), Section 7 Consultation with the U.S. Fish and Wildlife Service, U.S. Coast Guard Section 9 permit, USACE Section 10 permit or Section 404 Individual Permit. Should any of these services be determined necessary, the ENGINEER will DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 32 perform the associated work as additional services. FIELD SURVEYING & PHOTOGRAMMETRY (Function Code 150) Topographic surveying will be performed in compliance with the latest TxDOT Survey Manual, as applicable. Survey limit consists of 7,700 feet (7,050 feet along Brazoria County side and 650 feet along Clear Creek side of the creek) of corridors for proposed trail survey along the high bank of the Clear Creek and 2,300 feet along the west/ side of Pearland Parkway as shown in the attached exhibit in green color alignment. Width of survey will be limited from toe of the creek to the existing right of way of the creek (width could be extended to the edge of wooded area, if accessible) and from west curb line of Pearland Parkway to the west Right of Way line (width could be extended to the edge of wooded area if accessible). In general, our office will perform necessary field and office work for the following items: • Survey datum will be based on NAD 83 horizontal and NAVD 88 vertical and will be tied to the Texas State Plane Zone 4 Zone 401 FIPS 4204 TX S Central. • Use nearby TxDOT Survey Monument as the project benchmark. Establish additional benchmarks with tie to the project baseline at intervals not exceeding 1,000 feet. • In addition, survey could be tied to the nearby TSARP monument with an equation • Establish survey controls along the project corridor • Survey cross sections along the proposed trail alignment with spacing not exceeding 100’ c-c. To indicate general type of terrain and alignment, surveying of cross sections at closer spacing may be necessary at certain locations for creek’s alignment. • Cross section along the high bank of the creek will include as minimum toe of the creek, water surface elevation, high bank of the creek, a point at approximately 50’ spacing in between high bank and outer limit of the survey and at obvious grade breaks. Cross section will only be surveyed along one side of the creek as shown in the attached exhibit. Surveying cross section may require limited brush clearing. • Cross section along the side of the road will include as minimum edge of the road (including curb/gutter) and a point at approximately 20’ spacing in between edge of the road and outer limit of the survey and at obvious grade breaks. Cross section will only be surveyed along one side of the road as shown in the attached exhibit. • Survey all topo and utility features within the limit including drainage structures/culverts (with type and pipe size and flow line information) if any exist within the survey limit. • Survey existing amenities at tie-in location and detail first 100 feet of existing trail as a minimum on the south end. • Survey part of the parking lot and entrance of the University of Houston Clear Lake tract at the north end. • Survey existing drainage culverts for sizes and flow line. Probe silted areas as needed to get the flow line of the flowlines of the culverts. • Survey all water crossings at the intersection with the creek. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 33 • Survey channel intersection(s) with two cross sections upstream of the potential crossing location. • Invert all manholes and inlets (if any) within the limit. • Locate water pipeline, support, low chord, etc. at existing bridge along Pearland Parkway. • Prepare a survey control map in compliance with TxDOT criteria and with approved variances as applicable. • Establish of design baseline (if different than survey baseline) in the field after trail alignment is finalized. • Survey geotechnical and environmental boreholes (if any), a separate trip may be necessary for this task. • Prepare a table for boreholes for use of the geotechnical/environmental consultants. • Contact and coordinate with private utility companies and One Call System • Contact and coordinate with TxDOT, City, County, MUD, Drainage District, etc. as needed to obtain available record drawings on topo and utilities. • Perform limited abstracting and research to delineate approximate ROW/boundary line typical of a topo survey. Any kind of boundary survey to define ROW or boundary of the property is considered beyond the scope of this project. • Prepare a Plan view in Microstation DGN meeting TxDOT standards and specifications with showing all topo features, surveyed elevations, estimated right-of-way line, easements, lot lines, side texts, manhole inverts information, etc. • Prepare a Profile view in Microstation DGN showing ground lines, manholes, inlets, drainage facilities, utility lines (if any), etc. • Prepare a DTM model in Geopak meeting TxDOT standards and specifications with surveyed information to generate contour of the site. • Prepare Survey Control Index Sheet and a Horizontal and Vertical Control Sheet, signed, sealed and dated by the professional engineer in direct responsible charge of the surveying and the responsible Registered Professional Land Surveyor (RPLS) for insertion into the plan set. The Survey Control Index Sheet will show an overall view of the project control and the relationship or primary monumentation and control used in the preparation of the project; whereas, the Horizontal and Vertical Control sheet will identify the primary survey control and the survey control monumentation used in the preparation of the project survey control maps in compliance with the TxDOT criteria. • Stake project baseline in the field. • Stake wetlands within the project limit with information provided. • Stake estimated ROW lines with available information. • Provide traffic control in and near survey limit. • Completing TxDOT’s checklist as applicable. All standards, procedures and equipment used shall be such that the results of survey shall be in accordance with Board Rule 663.15, as promulgated by the Texas Board of Professional Land Surveyors. Exclusions: DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 34 • Boundary level survey for determining of right of way of the creek/street • Any Level A and B SUE category survey • Surveying trees within wooded areas • Setting design baseline and estimated ROW limit more than once • Any Item not mentioned in the above scope of work Additional Service: If necessary, Level A & B SUE survey will be required at selected locations by the design team. Such work will include the following tasks • Perform Level B SUE survey with GPR technologies at selected locations for locating underground lines • Perform Level A SUE survey with nondestructive means at selected locations. Depth of testhole are assumed to be limited within 20’. • Survey findings from SUE Survey Deliverables: • MicroStation DGN drawing with topo and utility plan view of surveyed information • Microstation DGN drawing with profile view of ground and utilities • DTM in Microstation Geopak • Signed and sealed survey control map (survey control index sheets and horizontal and vertical control sheets) • ASCII files on surveying data • Copy of the survey field book ROADWAY DESIGN (Function Code 160) A. Preliminary Geometric Project Layout: The Engineer shall develop a preliminary geometric project layout (Layout) for the full length of the project to be reviewed and approved by the City and TxDOT prior to the Engineer proceeding with the 30 percent milestone submittal package. The Layout shall consist of a planimetric file of existing features and the proposed improvements within the existing and any proposed ROW. The Layout shall also include the following features: existing and proposed ROW, existing and proposed horizontal and vertical alignment and profile grade line, cross culverts, bike trail widths, cross slopes, ditch slopes, pavement structure, clear zone, corner clips, retaining walls (if applicable), guard rail (if applicable), and water surface elevations for various rainfall frequencies, etc. Existing major subsurface and surface utilities shall be shown. The proposed alignment shall avoid the relocation of existing utilities, as much as possible. The Engineer shall consider American with Disabilities Act Accessibility Guidelines (ADAAG) requirements when developing the Layout. The Layout shall be prepared in accordance with the current Roadway Design Manual. The Engineer shall also provide proposed and existing typical sections with DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 35 the profile grade line (PGL), trail width, cross slopes, ROW lines, clearing widths, ditch shapes, pavement structures and ADA clearances zones depicted. B. Trail Design: The Engineer shall provide trail plan and profile drawings using CADD standards as required by the City and TxDOT. The drawings shall consist of a planimetric file of existing features and files of the proposed improvements. The roadway base map shall contain line work that depicts existing surface features obtained from the schematic drawing. Existing subsurface and surface utilities shall be shown. Existing and proposed right-of-way lines shall be shown. Plan and Profile shall be shown on same sheet. The plan view shall contain the following design elements: 1. Calculated bike trail centerlines with horizontal control points shown. The alignments shall be calculated using GEOPAK. 2. Pavement width dimensions. 3. Proposed structure locations, lengths and widths. 4. Drawing scale shall be 1" = 40’ 5. Control of access line, & ROW lines and easements. 6. Cross slope changes. 7. Grading for drainage swales and other parallel drainage elements as required. 8. Limits of rip rap, block sod, and seeding. 9. Existing utilities and structures. 10. Benchmark information. 11. Radii callouts and American with Disabilities Act Accessibility Guidelines 12. (ADAAG) compliance items. The profile view shall contain the following design elements: 1. Calculated profile grade for proposed bike trail. Vertical curve data, including “K" values shall be shown. 2. Water surface elevations at major stream crossing for 10-, 25-, 50-, and 100- year storms. 3. Drawing vertical scale to be 1” = 4’. The Engineer shall provide corresponding horizontal alignment data sheets. The Engineer shall provide the design of a 10-foot wide shared use path. The design shall be consistent with the approved schematic and the current Roadway Design Manual, City of Pearland, and AASHTO Guide for the Development of Bicycle Facilities requirements. C. Typical Sections: Typical sections shall be required for all proposed trails and structures. Typical sections shall include width of trail, clear dimensions, border widths and ROW. The typical section shall also include PGL, centerline, pavement design, longitudinal joints, side slopes, sodding and seeding limits, station limits, common proposed and existing structures including retaining walls, riprap, limits of embankment and excavation, etc. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 36 D. Cut and Fill Quantities: The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 100 feet intervals. Cross sections shall be delivered in standard GEOPAK format on 11"x17" sheets and electronic files. The Engineer shall provide all criteria and input files used to generate the design cross sections. Annotation shall include at a minimum existing and proposed right of way, side slopes (front & back), profiles, etc. Two sets of drawings shall be submitted by the Engineer at the 30% submittal. E. Plan Preparation: The Engineer shall prepare plans, profiles and typical sections for the proposed improvements. Prior to the 30% submittal the Engineer shall schedule a workshop to review profiles and cross-sections with the City and TxDOT. TxDOT will approve the profiles and cross sections before continuing with the subsequent submittals. F. Pavement Design: The Engineer shall incorporate the pavement design approved by TxDOT for this project. The Engineer shall assume a pavement design of 6” Concrete on 6" Lime Stabilized Subgrade. The final Pavement Design may change from this assumption. G. Pedestrian Facilities: The Engineer shall coordinate with TxDOT to incorporate pedestrian facilities as required or shown on the project’s schematic. All pedestrian and bicycle facilities must be designed in accordance with the latest Americans with Disabilities Act Accessibility Guidelines (ADAAG), the Texas Accessibility Standards (TAS) and the AASHTO Guide for the Development of Bicycle Facilities, 4th Edition. H. Miscellaneous Drawings: The Engineer shall prepare the following miscellaneous drawings: 1. Title Sheet 2. Index 3. Project Layout 4. Horizonal Alignment Data DRAINAGE DESIGN (Function Code 161) A. DRAINAGE DESIGN 1. DATA COLLECTION The Engineer shall provide the following data collection services: a. Field Inspection - Conduct field inspections to observe current conditions along Clear Creek, Pearland Parkway outfall channels, the cross-drainage structures, drainage easements, tributary channels, and land development projects that may contribute flow to the project area. Document field inspections with digital photos. b. Records Research - Collect available applicable data including GIS data and maps, site survey data, construction plans, DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 37 previous reports and studies, and readily available rainfall history for the area. Particular sources of data collected must include, but are not limited to, the State, County, and Federal Emergency Management Agency (FEMA). Collect available Flood Insurance Rate Maps (FIRMs), Flood Insurance Study (FIS) study data, and any effective HEC-RAS or HEC-2 models. c. Survey Data Review - Review survey data and coordinate any additional surveying needs with State. d. Stakeholder Coordination - Meet with local government officials to obtain historical flood records. Interview local residents or local government employees to obtain additional high-water information if available. Obtain frequency of road closure and any additional high-water information from the District Maintenance office. 2. HYDROLOGIC STUDIES The Engineer shall provide the following services: a. Hydrologic Criteria - Incorporate in the hydrologic study a thorough evaluation of the methodology available, comparison of the results of two or more methods, and calibration of results against measured data, if available. Local criteria includes Harris County Flood Control District (HCFCD), City of Pearland (COP), and Brazoria Drainage District 4 (BDD4) b. Drainage Area Maps - Identify all existing tributary drainage crossings of the project limits to Clear Creek and determine the watershed area and runoff parameters of each crossing. c. Calculate runoff estimates - The discharges for tributaries crossing the project limits will be calculated using Rational Method for areas smaller than 200-acres, HEC-HMS or regression methods may be used as necessary for areas greater than 200-acres. The results will be compared with two or more methods. Consider the pre-construction and post- construction conditions in the hydrologic study, as required in the individual Work Authorization. The additional mixed-use path may be accounted for by increasing percent development or by a higher curve number, as deemed appropriate based on- site conditions. i. Obtain the drainage area boundaries and hydrologic parameters such as impervious covered areas, and overland flow paths and slopes from appropriate sources including, but are not limited to, topographic maps, GIS modeling, construction plans, and existing hydrologic studies. The Engineer shall not use existing hydrologic studies without assessing of their validity. If necessary, DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 38 obtain additional information such as local rainfall from official sites such as airports. Utilize LiDAR, available survey, site visits, and record drawings to assist in developing drainage area boundaries. Land use calculations for each drainage area will be performed using record drawings, aerial topography, available topographic information, and field reconnaissance. ii. The report must include the full range of frequencies (50%, 20% 10%, 4%, 2%, 1%, and 0.2% AEP). Peak flows for each drainage area shall be calculated for the design frequency storm event. iii. Summary tables of the peak flow runoffs will be provided in the PS&E package 3. STORM DRAINS The Engineer shall provide the following services: a. Existing Storm Sewer and Drainage Evaluation - Identify existing storm drain systems, localized drainage patterns, and inlet locations along the project limits. i. Evaluate potential impacts to the existing storm sewer system along Pearland Parkway by comparing the proposed path improvements to original design documents. Identify those areas where the existing storm sewer systems may be impacted. Discuss findings with the State and discuss options of mitigating impacts such as such as if oversized swales may be required to off-set impacts. ii. In areas without existing storm sewer the work will include the evaluation of existing topography to help in the evaluation of potential trail alignments that minimize impacts to existing drainage patterns. b. Mitigation Estimates - Limit discharge into existing storm drains and existing outfalls to the capacity of the existing system, which will be determined by the Engineer. Evaluate alternate flow routes or detention, if necessary, to relieve system overload. Determine the amount of the total detention storage as necessary to control storm drain runoff for the design frequency based on hydrograph routing for storm frequencies (10%, and 1% AEP) using the small watershed method, as well as a rough estimate of the available on-site volume. When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic gradeline throughout the whole system, within project DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 39 limits, for the design frequency or frequencies. The Engineer shall coordinate with the State any proposed changes to the detention systems. The State will assess the effects of such changes on the comprehensive drainage studies. The additional impervious cover from the proposed project will be calculated. Mitigation volume at a rate of 0.65 acre-feet per acre of impervious cover will be provided. Cut and fill volumes for the proposed project will be calculated. If there is a net amount of fill due to the proposed project, mitigation volume will be provided so that there is no net fill. c. Mitigation Alternatives – Develop mitigation alternatives to address the estimated mitigation volume needs. Alternatives may include storage in a shallow swale adjacent to the proposed trail. d. Overland Sheetflow Analysis - Prepare conceptual 1% AEP sheet flow analysis for the project utilizing existing and proposed conditions. 4. BRIDGE AND CROSS-DRAINAGE STRUCTURES The Engineer shall provide the following services: a. Document drainage areas and flows for cross culvert or bridge drainage systems. Locations of existing and/or proposed culverts are listed below based on current HEC-RAS stationing for Clear Creek. i. South Bank Culvert (Right Side Looking Downstream) • Near RAS STA. 176738 – Existing Culvert • Near RAS STA. 173895 – Proposed Minor Culvert • Near RAS STA. 173104 – Proposed Minor Culvert • Near RAS STA. 170703 – Existing Culvert ii. South Bank Existing Pond Outfall Weir Crossing (Right Side Looking Downstream) • Near RAS STA. 175051 – Existing Weir Crossing • Near RAS STA. 170638 – Existing Weir Crossing iii. South Bank Pedestrian Bridge (Right Side Looking Downstream) • Near RAS STA. 170000 – Proposed Bridge Crossing b. Existing culverts will be evaluated for structural integrity to determine if replacement is required due to pipe failure. The existing culvert will also be evaluated for hydraulic capacity. Replacement of the existing culvert would only occur if the culvert is undersized for a 2-year storm frequency as Clear Creek is out of banks for storm frequencies above a 2-year event, or if the culvert needs replacement due to structural problems. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 40 c. Proposed culvert crossings are at low areas where there is existing cross flow but no existing culverts across the proposed trail alignment. Culverts will be sized for a 2-year storm frequency for minor tributaries and will be sized for a 100-year storm frequency for major culverts. d. Existing Weirs are locations where the proposed trail will cross an existing overflow weir zone from an existing detention basin. A pedestrian bridge is planned for these areas, but other pathway improvements will be considered at these locations to armor the trail and protect it from erosion during extreme events. e. Determine the sizing of proposed drainage crossings, and existing crossings that may need replacement. The scope may include new culverts, extending, adjusting or replacing non bridge-class culvert crossing or crossings. Develop designs that minimize the interference with the passage of traffic or cause damage to local property in accordance with the State’s Hydraulic Design Manual, District criteria and any specific guidance provided by the State. Cross drainage design shall be performed using HY-8 or HEC RAS depending upon the complexity of the crossing. f. Existing and proposed hydrologic and hydraulic analysis of the proposed pedestrian bridge crossing using HEC RAS and building on the FEMA effective models. Determine recommended low chord elevation and any necessary mitigation measures to maintain no change in water surface elevation. 5. COMPLEX HYDRAULIC DESIGN AND DOCUMENTATION The Engineer shall provide the following services: a. Pedestrian Bridge Analysis at Clear Creek i. Perform hydraulic design and analysis using appropriate hydraulic methods. Crossings and channels will be analyzed HEC-RAS. 2D models shall not be developed without the express permission of the State. ii. Use the current effective FEMA models, where appropriate, as a base model for the analysis. If a “best available data” model is provided by the Harris County and Brazoria County floodplain administrator, it must be utilized accordingly for this analysis. Review the provided base model for correctness and updated as needed. iii. If the appropriate hydrologic model requires storage discharge relationships, develop HEC-RAS models or other State’s approved models that will account for these storage discharge relationships along the channel. iv. Consider pre-construction, present and post-construction conditions, as well as future improvements to Clear Creek. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 41 v. The most current effective HEC-RAS model will be used to evaluate the pre-project and post project conditions to demonstrate no adverse impact to Clear Creek. b. Quantify impacts due to proposed bridges and culverts, beneficial or adverse, in terms of increases in peak flow rates and water surface elevations for the above listed hydraulic conditions and hydrologic events. Impacts will be determined both upstream and downstream of the culvert crossings. The State required approach for impact prediction will be followed and is as follows: • Compute existing and proposed peak flows by using state defined hydrologic methodology. The additional concrete trail proposed should be accounted for by increasing percent impervious. • Impacts will be evaluated based on the latest Harris County Flood Control (HCFCD) criteria. c. Compute water surface profiles for existing and proposed trail conditions. The Engineer shall provide mitigation to offset any increases in the 1% AEP water surface profile. For a FEMA Flood Zone AE (as defined in the TxDOT Hydraulic Design Manual), the ENGINEER shall obtain a zero rise in the water surface profile, beyond the right of way line, unless otherwise approved by the State. d. Provide calculations which quantify the cut and fill within the 1% AEP flood plain, if any. Computes fill volumes within FEMA 100-year floodplain and propose mitigation alternatives in the form of cut to demonstrate no net fill in 100-year floodplain. A decrease in 100 year flood plain volumes is not allowed. e. Draft Drainage Impact Analysis Report - As noted in project deliverables f. Final Drainage Impact Analysis Report - As noted in project deliverables 6. SCOUR ANALYSIS The Engineer shall provide the following services: a. Perform a scour analysis for each proposed bridge structure. i. Pedestrian Bridge at Clear Creek b. Prepare each scour analysis using a State-approved methodology such as HEC-RAS (HEC-18). The Engineer shall select the methodology based on the site conditions such as the presence of cohesive or cohesionless soil, rock or depth of rock, proposed foundation type, and existing site performance. The Engineer shall follow the methodology outlined in the State Geotechnical Manual. The Engineer shall coordinate with the State prior to commencing any DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 42 work on any Stream Migration Study. This coordination must include consultation with the appropriate State technical expert. c. Provide the State a signed and sealed scour analysis report including the potential scour depths, envelope, and any recommended countermeasures including bridge design modifications or revetment or both. 5. PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) DEVELOPMENT FOR HYDRAULICS The Engineer shall provide the following services: a. Prepare the PS&E package in accordance with the applicable requirements of the State’s specifications, standards, and manuals, including the PS&E Preparation Manual. Include the following sheets and documents, as appropriate: i. Drainage Summary of Quantity Sheets ii. Drainage Area Maps iii. Hydrologic Data Sheets iv. Hydraulic Data Sheets (for Cross Culverts) v. Hydraulic Data Sheets (for Bridge) vi. Culvert Layout Sheets vii. Storm Drain and Lateral Plan/Profile Sheets viii. Miscellaneous Details sheets ix. Drainage for Pedestrian Bridge Approach x. Minor Mitigation Design Sheets (Swale) xi. Minor Mitigation Outfall Structures (from Swale) xii. In case detention ponds are needed, supplemental will be prepared for the detention pond sheets and submitted to STATE for approval. xiii. Miscellaneous drainage Details xiv. Drainage Design Standards b. Prepare culvert cross sections for non-bridge class culverts. c. Identify areas requiring trench protection, excavation, shoring and de- watering. d. Prepare drainage area maps. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 43 e. Prepare plan and profile sheets for storm drain systems and outfall ditches. f. Select any necessary standard details from State or District’s list of standards for items such as inlets, manholes, junction boxes and end treatments. g. Prepare details for non-standard inlets, manholes and junction boxes. h. Prepare drainage details for outlet protection, outlet structures and utility accommodation structures. i. Identify pipe strength requirements. j. Prepare drainage facility quantity summaries. k. Identify potential utility conflicts and, if feasible, design to mitigate or avoid those identified conflicts. l. Consider pedestrian facilities, utility impacts, driveway grades, retaining wall and concrete traffic barrier drainage impacts. m. Identify existing ground elevation profiles at the ROW lines on storm sewer plan and profile sheets. n. Prepare Hydraulic Data Sheets for cross drainage structures at the outfall channel and indicate site location (e.g., station and name of creek or bayou), if applicable. o. Develop layouts for the following: i. Subsurface drainage at retaining walls. ii. Pedestrian Bridge iii. Outfall channels within existing ROW. iv. Outlet structures, and details, if applicable. If information is not available at the time of initial scoping, this work shall be considered as additional work. SIGNING, PAVEMENT MARKINGS & SIGNALIZATION (Function Code 162) A. Pavement Marking Layouts. The Engineer shall prepare a striping layout and details per the AASHTO Guide for the Development of Bicycle Facilities, 4th Edition. MISCELLANEOUS (ROADWAY) (Function Code 163) A. Retaining Walls. Retaining walls will be designed for the bridge approaches for the bridge over Clear Creek and shall be concrete block wall except for specialized retaining walls (cantilever, etc.) if required. The Engineer shall provide an overall retaining wall layout, wall layouts, DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 44 elevations, and typical cross sections of all retaining walls within the project. The specific requirements for each item are as follows: 1. Layout Plan a. Designation of reference line b. Beginning and ending retaining wall stations c. Offset from reference line d. Horizontal curve data e. Total length of wall f. Indicate face of wall g. All wall dimensions and alignment relations (alignment data as necessary) h. Soil boring locations 2. Elevation: a. Top of wall elevations b. Existing and finished ground line elevations c. Vertical limits of measurement for payment d. Type, limits and anchorage details of railing (only if Traffic Railing foundation standard is not being used on this project) e. Top and bottom of wall profiles plotted at correct station & elevation. f. Underdrains g. Any soil improvement, if applicable. 3. Sectional View: a. Reinforced volume, if applicable. b. Underdrain location c. Soil improvements, if applicable. 4. Foundation Studies: The Engineer shall coordinate with the TxDOT and BD4 to determine the location of soil borings to be drilled along the retaining wall alignments. The soil borings shall extend a minimum of 35 feet below the footing elevation or deeper as soil conditions warrant. Spacing of soil borings shall not exceed 500 feet. The Engineer shall provide a boring layout for the TxDOT’s and BD4’s review and comment. 5. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the Geotechnical Engineer. If new borings are taken, the soil boring sheets shall be in accordance with TxDOT B. Traffic Control Plan, Detours & Sequence of Construction: The Engineer shall prepare Traffic Control Plans (TCP) for the project as necessary to construct the trail along any roadway or public access facilities. The Engineer shall show barricades and construction fencing as necessary to protect the public. Continuous, safe access to all properties during all phases of construction is mandatory. The Engineer shall DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 45 identify and delineate any outstanding ROW parcels. The Engineer shall identify and delineate any temporary construction easements. C. Exhibits for Utility Agreements: The Engineer shall coordinate with the TxDOT regarding utilities. The Engineer shall prepare drawings using English units early in the design phase to be used as exhibits in utility agreements. The Engineer shall show existing utilities, including those in conflict with construction on this project. The Engineer shall prepare plans to avoid utility adjustments, if feasible. The Engineer shall incorporate all requirements identified in the utility agreements. The Engineer shall continue to maintain and update the utility exhibits as necessary. Identify and evaluate utility conflicts with proposed construction. Prepare and submit to the TxDOT, drawings for required utility agreement: 1. An 11 x 17-inch reproducible drawing and title 2. Each utility drawing shall include the following: a. Existing right of way lines b. Existing or proposed roadways c. Proposed storm sewers, sanitary sewers, and water d. Underground utility in plan and profile e. Limits of existing pipe casing f. Owner of utility g. Control of access line h. Proposed bridge bents and abutments i. Benchmark data j. Utility company construction contact and phone number k. Typical section view lengthwise along all pipe alignments crossing under the pavement. 3. Copies of correspondence with utility companies (if any) 4. Prepare a list of potential conflicts with existing utilities prior to the 30 percent submittal and at every milestone submittal date thereafter. This utility conflict list must include station number, name of utility company and type of facility, the contact person (with address and telephone number), location of conflict (station and offset), proposed highway facility, impacts to storm sewer, roadway, drainage ditch and drilled shaft, expected clearance date, effect on construction and type of adjustment necessary, etc. The Engineer shall maintain and update the conflict list as necessary. After submittal to Design Division, the Engineer shall need to update the utility conflict list again due to ROW certifications. D. Landscaping: The Engineer shall provide the following landscape architectural services for the project. 1. Develop overall vision for the character of the trail corridor, including bridge features. DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 46 2. Design amenity aspects for the trail including trail amenities and theming, such as site furniture, landscape irrigation and graphics. 3. Complete site visits of the proposed trail. 4. Prepare hand sketches and/or enhanced photos to illustrate ideas. This work will be preliminary in nature and does not include construction documents or administration. 5. Develop concepts only for trail heads. Develop planting/seeding concepts and documentation for the corridor A separate proposal for landscaping services is also attached in Attachment E. PROJECT MANAGEMENT & ADMINISTRATION (Function Code 164) The ENGINEER, in association with the City and TXDOT Project Managers shall be responsible for directing and coordinating all activities associated with the project to comply with TXDOT policies and procedures, and to deliver that work on time. Project Management and Coordination: The Engineer shall coordinate all subconsultant activity to include quality of and consistency of plans and timely administration of the monthly invoices and progress reports. The Engineer shall coordinate with necessary local entities. Design Schedule: The Engineer shall develop a design time schedule for the project (using Microsoft Project) and update the progress of project design throughout project duration. BRIDGE DESIGN (Function Code 170) All bridge structures shall be designed for appropriate loading for pedestrian and bicycle facilities. The following structure will be designed: 1. Prefabricated Steel Truss Bridge over Clear Creek A. Bridge Layout: The Engineer shall: Prepare Bridge Layout plans and elevations for all bridge types listed below in accordance with the latest edition of the TxDOT’s Load and Resistance Factor Design Bridge Design Manual, Bridge Project Development Manual and Bridge Detailing Manual. Submit the bridge layout to the TxDOT for approval before proceeding to structural detail design. Coordinate with the TxDOT to determine the location of soil borings to be drilled by the Engineer. The Bridge layouts in Plan View shall contain the following information: 1. Reference line, centerline, or profile grade line (bearing, location, and station). 2. Horizontal curve information. 3. Right of way (if required). 4. Skew angle(s) DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 47 5. Bearing of centerline 6. Slope for header banks and approach fills 7. Bridge width 8. Limits and type of riprap 9. Proposed features under structure 10. Location of profile grade line 11. North Arrow 12. Location of soil borings (station and offset) 13. Abutment stations and bearings 14. Retaining wall locations, if applicable 15. Stream flow direction (if any) 16. Railing types shown Bridge Layouts in Elevation View should contain the following: 1. Type of foundation 2. Finished grade elevations at beginning and end of bridge 3. Overall length of structure 4. Length, type of spans 5. Type of railing 6. Existing and proposed ground lines clearly marked 7. Grid elevations and stations 8. Profile grade data 9. Type of riprap 10. Number, size and length of foundations 11. Drawing scale shall be as recommended in the bridge detailing manual. Bridge Layouts in Typical Transverse Section should contain the following: 1. Widths 2. Profile grade line and horizontal control line 3. Cross slope 4. Type of structure The Engineer shall develop bridge layouts and submit a 100% complete bridge layout to the TxDOT at the 30% submittal to provide ample review and design time. The Engineer shall not proceed with detailed design until the preliminary bridge layouts are approved by TxDOT. PROJECT DELIVERABLES Plan Set The Engineer shall provide the following information at each submittal: 1. 30% Plans Submittal 1.1. Two sets of 11” x 17” plan sheets for the State District Review DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 48 alongwith electronics files. 1.2. Estimate of construction cost. 1.3. Form 1002 and Design Exceptions with existing and proposed typical sections, location map and design exception exhibits. 2. 60% Plans Submittal: 2.1. Two sets of 11” x 17” plan sets for the State District review alongwith electronics files. 2.2. Estimate of construction cost. 3. Review Submittal (90%) 3.1. Two sets of 11” x 17” plan sheets for the State District Review alongwith electronic files. 3.2. Estimate of construction cost. 3.3. Marked up general notes 3.4. Construction schedule. 3.5. Other supporting documents. 4. District Review Submittal (95%): 4.1. Two sets of 11” x 17” plan sheets for the State district review alongwith electronics files. 4.2. List of governing Specifications and Special Provisions in addition to those required. 4.3. Marked up general notes. 4.4. Plans estimate. 4.5. Right-of-Way and utilities certification. 4.6. Other supporting documents. 5. Final submittal (100%). 5.1. Two paper sets of 11” x 17” alongwith electronics files 5.2. Revised supporting documents from 95% review comments. Electronic Copies The Engineer shall furnish the State with a CD or DVD of the final plans in the format of current CADD system used by the State, .pdf format, and in the State’s File Management System (FMS) format. The Engineer shall also provide separate CD or DVD containing cross section information (in dgn, XLR, & ASCII formats) for the State contractor to use. The Engineer shall provide an electronic copy of Primavera file or the latest scheduling program used by the State for construction time estimate. With the approval of the State, and in lieu of the above, the Engineer may DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 49 maintain the project files in the State’s ProjectWise container. The handoff of the electronic files will be via email to the State, with a URN link to the project location in ProjectWise provided in the email. Calculations The Engineer shall provide the following: A 3-ring binder with all quantity and non-structural design calculations. A bound copy of all engineering calculations, analysis, input calculations, quantities, geometric designs (GEOPAK GPK files), etc. relating to the project’s structural elements. Project structural elements include, but are not limited to: bridges, retaining walls, overhead sign foundations, high-mast illumination foundations, non-standard culverts, custom headwalls and drainage appurtenances. Working copies of all spreadsheets and output from any programs utilized on a CD or DVD in a universally reliable format. The Engineer may provide the calculations in .pdf format in lieu of the bound hard copies. The .pdf file should be submitted on a CD,DVD, or in ProjectWise (if applicable). DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 50 ATTACHMENT D Anticipated Schedule DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 51 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 52 ATTACHMENT E Anticipated Maximum Fee DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 53 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 54 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 55 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 56 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 57 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 58 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 59 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 60 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 61 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 62 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 63 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 64 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 65 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 66 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 67 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 68 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 69 ATTACHMENT F Insurance for Designated Professional Services Contracts DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 70 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 71 ATTACHMENT G Document and Information Exchange DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 72 ATTACHMENT G Computer Graphics Files for Document and Information Exchange I. Project File Submission. a. Engineer shall submit project files through: 1. Texas Department of Transportation (TxDOT) Dropbox Service, if possible, which is accessible at https://ftp.dot.state.tx.us/dropbox, or 2. If the TxDOT Dropbox Service cannot be used, Engineer shall use one or more of the following media formatted: compact-discs (CD), digital versatile discs (DVD), universal serial bus (USB) flash drive, or any methods as directed by State. b. Engineer shall make certain all files and media submitted to State are virus-free. c. State will reject submissions that are not accompanied by a complete and accurate TxDOT Media Information Form. II. General Project File Requirements. a. Compatibility with State Hardware and Software. 1. General Requirements A. Unless directed in writing by State’s project manager, Engineer shall use only the software listed in Table 1, Approved Software, in performing the work that is the subject of this agreement. B. Engineer shall make certain that all media, files and data formats are completely compatible with State’s information resources. Engineer is responsible for requesting any additional information it deems necessary to ensure compatibility. Table 1. Approved Software Software Type Approved Software Word Processing Microsoft Word 2010 Spreadsheet Microsoft Excel 2010 Database Microsoft Access 2010 Computer-Aided Design and Drafting (CADD) Bentley MicroStation V8i Bentley GEOPAK Suite V8i Operating System Microsoft Windows 7 2. Graphics File Requirements A. Along with each graphics file submitted, Engineer shall submit plots generated from that file. B. Using State’s hardware and software, each graphics file must display as plotted and subsequently plot as displayed without conversion, translation, or additional manipulation. C. Engineer shall not invoice State for any conversion or translation expenses incurred by the Engineer to achieve compatibility with State hardware and software. III. MicroStation Graphics Files Requirements a. State will furnish, on its choice of media, the following: 1. TxDOT File Examples 2. TxDOT Plot File Examples 3. Applicable TxDOT CAD File Naming Convention Guideline b. MicroStation Design File (DGN File) Characteristics DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 73 1. Unless authorized in writing by State, Engineer shall provide DGN files consistent with TxDOT standards including level use, font designations, line weight, and color criteria shown on the Planimetric / DTM table. 2. Engineer shall promptly notify State’s project manager of any compatibility problems that arise c. Project Design File Criteria. 1. Planimetric File. A. Generally, the planimetric file is a product of stereo digitized aerial photography. B. The planimetric file contains existing topographic and geographic features within the limits of the projected contract. C. The planimetric file serves as a foundation for referencing and the development of the proposed improvements. D. Unless authorized in writing by State, Engineer shall not modify the planimetric file. 2. Master Design File or Schematic Layout. A. The master design file or schematic layout consists of a graphical description of proposed improvements and contains graphic elements representing engineering alignments and proposed features. B. Categories that can simultaneously reference identical coordinates of the planimetric include right of way maps, roadway design, bridge design, traffic signing, signals, striping and control plans, and project limits profiles. 3. Sheet File. A. Standard sheet format must be appropriate to the category of the design file it references. B. The referenced design file must be displayed within a single sheet file and terminate by clip referencing to match lines contained in the design file. C. The sheet file must contain all annotation appropriate to the design file application or category being referenced. Typical examples are text, dimensioning, ramp labeling, patterning, hatching, profile data. d. Graphics Media Requirements Any media delivered to State by Engineer shall include documentation of the following: A. Media directory listing B. Symbology, weight, style, and color standards for design elements C. Level menu showing level use consistent with State’s standards D. Font characteristics and pen tables consistent with State’s standards. E. Completed Media Information Form (see pages 4-9) F. CAD File Naming Convention Guidelines for State’s District or Division in which the work is to be performed. e. Minimum MicroStation Graphics File Requirements. At a minimum requirement, the DGN files shall be comprised of elements defined with the following graphic entities and attributes. A. Required Graphic Entities. Line - 2 connected points that form a single entity Line Strings – a series of connected points that form a single entity DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 74 Polygon – a series of connected points that form a closed entity Circle – the geometric definition of a circle (not a line string) Arc – a segment of a circle (not a linestring or polygon) Symbol – a group of graphic entities that form a single entity Cell – a named, retrievable symbol B. Required Entity Attributes. Level – a drawing layer that can be selectively turned on or off Line Weight – a line weight (width) Line Style – a line symbology (dashed, dot-dash, etc.) Color – a color code DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 75 TEXAS DEPARTMENT OF TRANSPORTATION MEDIA INFORMATION FORM FIRM NAME FIRM CONTACT PHONE NO STATE CONTACT MEDIA OPERATING SYSTEMS MEDIA FORMAT LIMITS CONTRACT NO. CSJ NO. HIGHWAY NO. THE FILES HAVE BEEN SCANNED FOR VIRUSES AND ARE VIRUS FREE: (NAME) (EXAMPLE FOR THE MEDIA LABEL: THE FILES LISTED ON THIS FORM THAT ARE ON 2 OR MORE MEDIA MUST BE LABELED WITH THE CSJ NO. 0999-99-9999 AND NUMBERING SYSTEM OF 1 OF 2, 2 OF 2.) MEDIA LABEL OF TO BE COMPLETED BY THE STATE. INDEX NUMBER: DATE RECEIVED: RECEIVED BY: DELIVERED BY: VERIFIED VIRUS FREE: DATE: SPECIAL INSTRUCTIONS: DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 76 DRAWING INDEX CSJ NO. HIGHWAY NO. MEDIA LABEL OF CONTRACT NO. DESIGN FILE NAME DESCRIPTION/STATION LIMITS SIZE SHEET REFERENCE 102ral01.dgn Alignment File DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 77 LEVEL STRUCTURE CSJ NO. DRAWING TITLE HIGHWAY ROADWAY PLAN AND PROFILE DESIGN FILE NAME STATION LIMITS SHEET NO RPP09.DGN 1046+00 TO 1057+00 107 RF REFERENCE FILE NAME REFERENCE DESCRIPTION 1 ALIGN.DGN HORIZONTAL ALIGNMENT FILE 2 BGEOM.DGN BRIDGE GEOMETRY FILE 3 DTOPO.DGN DESIGN TOPOGRAPHY 4 RGEOM.DGN ROADWAY GEOMETRY FILE 5 PPSHT01.DGN REF BORDER FOR ROAD PLAN AND PROFILE SHTS. 6 RDWYPRO.DGN PROFILE CELL LIBRARY: XXX.CEL PLOT CONFIG: XXX.PLT DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 78 PLOTTING INFORMATION CSJ NO. MEDIA LABEL OF HIGHWAY NO. ACCOUNT/CONTRACT NO. PLOTTING INSTRUCTIONS: COLOR TABLES PEN TABLES CELL LIBRARIES PLAN SHEETS (DGN.FILES) PARCEL SKETCHES (DGN FILES WITH DIFFERENT DESC) EXAMPLE DOCUMENTATION AVAILABLE AT YOUR REQUEST - Cell Library - Plotting Pen Tables - Menus - Seed Files DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 79 Planimetric / DTM File Level Menu Photogrammetry Feature DTM Microstation V8 Name Level Control Horizontal Control, Principal Point no p_control ground ctrl 1 Road Paved Road , Curb yes p_road paved, curb 2 Dirt Road yes p_road dirt 3 Guard Rails no p_road guard rail 4 Guard Fences no p_road guard fence 5 Guard Posts no p_road guard post 7 Concrete Barrier no p_road conc barrier 6 Paint Stripe Solid and Dashed yes p_road paint stripe 62 Bridge End yes p_road bridge end 9 Cattle Guard no p_road cattle guard 16 Overhead Sign no p_road overhead sign 7 General Road Feature no p_road general feature 7 Railroad Railroad Track RR Controls no p_railroad rr control 10 Drainage Concrete Dam yes p_drainage conc dam 27 Concrete Drain yes p_drainage conc drain 28 Earthen Dam yes p_drainage earthen dam 26 Riprap yes p_drainage riprap 8 Culvert yes p_drainage culvert 9 Inlet yes p_drainage inlet 9 Water yes p_drainage water 25 Marsh yes p_drainage marsh 24 Structure Building no p_structure building 11 Ruin no p_structure ruins 12 Sidewalk no p_structure sidewalk 13 Slab no p_structure slab 14 Porch, Deck no p_structure porch 15 Stairs, Steps no p_structure stairs 16 Fence, Gate, Post no p_structure fence 17 Retaining Wall no p_structure ret wall 18 Wall no p_structure wall 18 Cemetery no p_structure cemetery 23 Billboard no p_structure billboard 21 Sign, Sign Pole, Sign Post no p_structure sign 21 Antenna, Cellular Tower, Satellite Dish no p_structure antenna 20 Windmill no p_structure windmill 23 Flag Pole no p_structure flag pole 20 Pipes no p_structure pipe 23 Tank no p_structure tank 23 Area Under Construction no p_structure constr area 12 General, AC Unit, Goal Large, Small Circle no p_structure general 23 Unidentified Feature no p_structure unidentified 23 Utility Fire Hydrant no p_utility fire hydrant 20 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 80 Manhole no p_utility manhole 20 Marker, Meter, Valve no p_utility marker 20 Transmission Tower, transmission Line no p_utility trans tower 20 Pipeline no p_utitlity pipeline 22 General, Pole,Pole LP, TFP, LP Traffic Light, Gas Light no p_utility general pole 20 Vegetation Woods no p_veg woods 29 Tree no p_veg tree 29 Tree Farm no p_veg tree farm 30 Tree Orchard no p_veg tree orchard 29 Palm no p_veg palm 29 Digital Terrain Model (DTM) Breakline yes p_dtm breakline 40 General Breakline yes p_dtm general breakline 53 Retaining Wall Breakline yes p_dtm retaining wall 48 Sidewalk Breakline yes p_dtm sidewalk 43 Mass Points yes p_dtm mass points 38 Water Obscured yes p_dtm water obscured 45 Obscured Area yes p_dtm obscured area 41 Pit and Fill Area yes p_dtm pit or fill area 24 Stock Pile yes p_dtm stock pile 19 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 81 ATTACHMENT H Overview Map DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB 82 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB