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R2024-177 2024-08-26RESOLUTION NO. R2024-177 A Resolution of the City Council of the City of Pearland, Texas, amending a construction management/construction inspection service contract with HDR, Inc., associated with the Smith Ranch Road Expansion Project to include required documentation to meet federal guidelines to qualify for Project reimbursements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract for construction management/construction inspection services associated with the HDR, Inc 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 construction management/construction inspection services associated with the Smith Ranch Road Expansion Project. PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2024. _________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Design 1 of 1 D6. Revised 6/16 CITY OF PEARLAND PROJECTS DEPARTMENT 2016 Old Alvin Rd. Pearland, Texas 77581 pearlandtx.gov/projects Professional Services Contract Amendment Smith Ranch Road Widening Date of Issuance: August 7, 2024 Amendment No: 01 Consultant: HDR Engineering, Inc.CoP Project No: TR1501 PO#: 2023-00001657 Explanation: This contract amendment encompasses the following: Contract Amendment 1 is to add the required documents to meet the Federal guidelines to qualify for reimbursement. The terms and conditions of the TxDOT contract are controlling over the terms and conditions of the original contract while the scope and fees remain the same. The additional documents reference the applicable state and federal government codes, including General Provisions for DBE requirements, Subcontracting requirements, Debarment, Lobbying, Assurances, Non-Collusion Statement, and Disclosures. Description of Work Cost Time 1.N/A Please attach back-up documentation Cost & Time Change Summary: Cost Time Original Contract: $ 983,797.20 Days Previous Amendment(s): $ 0.00 Days Contract prior to this Amendment: $ 983,797.20 Days Net increase (decrease) from this Amendment: $ 0.00 Days Revised Contract: $ 983,797.20 Days Finance Approval: ____________________ Date: __________________ Finance ACCEPTED*:APPROVED: By: _____________________ Date: By: _________________________ Date: Consultant Owner *Consultant agrees to perform change(s) included in this Contract Amendment for the price and time indicated. The prices for changes i ncluded all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Upon execution by all parties, the following changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract. 08-08-2024 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 8/27/2024 | 4:08 PM CDT 8/27/2024 | 4:19 PM CDT RESOLUTION NO. R2023-148 A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction management services contract with HDR, Inc. in the estimated amount of $983,797.20, for the Smith Ranch Road Widening Project (FM 518 to Hughes Ranch Road). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction management services associated with the Smith Ranch Road Widening 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, a contract for construction management services associated with the Smith Ranch Road Widening Project. PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2023. J. KEVIN COLE MAYORATTEST: FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FBDocusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 1 of 7 D3. Revised 04/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland CITY") and _HDR Engineering, Inc._ ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management and Inspection Services for a project known and described as Smith Ranch Road Extension ("PROJECT"). Project # TR1501) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform Construction Management and Construction Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The PROJECT schedule shall conform to the construction schedule. B. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. C. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. D. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: 1) Workers’ Compensation as required by law. 2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 2 of 7 D3. Revised 04/2019 3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, 1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of 1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. F. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed , months after execution of this contract. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 3 of 7 D3. Revised 04/2019 SECTION III - CONSULTANT'S COMPENSATION A.The total compensation for the services performed shall not exceed the total noted in Section B. B.The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1.Basic Services (Lump Sum) _____ 2.Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): 3. Bid Phase Services (Hourly Not to Exceed) 4. Construction Phase Services (Hourly Not to Exceed) 5. Reimbursable Expenses (Not to Exceed) 6.Total:$983,797.20 C.The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D.CONSULTANT shall invoice for work performed during the preceding thirty day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E.For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F.Allowable Reimbursable Expenses 124,013.75 830,008.45 29,775.00 DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 4 of 7 D3. Revised 04/2019 CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: Hard copy reproductions, copies and/ or binding costs Postage Mileage, for travel from Consultant’s local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT’s status as an independent contractor of the CITY. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 5 of 7 D3. Revised 04/2019 SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 4828 Loop Central Drive, Suite 800, Houston Texas 77081. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Design 6 of 7 D3. Revised 04/2019 SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII – COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. CITY OF PEARLAND, TEXAS DATE CONSULTANT DATE David C. Weston, VP June 21, 2023 DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312 6/27/2023 | 10:55 AM CDT Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 1 of 8 ATTACHMENT C SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall perform the following tasks by function code as outlined below: FUNCTION CODE 130 RIGHT OF WAY AND UTILITY COORDINATION 1) Verify that utilities that were re-located for this project have been moved to a location that will not inhibit the construction of the project. 2) Coordinate with private utilities any issues that arise during the utility relocation investigation. 3) Verify right of way agreements with adjacent landowners are in-place prior to construction. a) Review landowner agreements for inclusion during construction. FUNCTION CODE 145 MANAGEMENT OF CONTRACT 1) Prepare monthly progress report for City Project Manager. Report to include: a) Work that has been completed since last monthly report. b) Upcoming work on the project. c) Issues that have been resolved and new issues that have come up since the last monthly report. d) Contractors’ personnel onsite and sub-contractors onsite. e) Relevant photos of work completed onsite. 2) Develop internal project schedule to assist in project staffing. 3) Meet with members of City Project Management staff and TXDOT staff on regular basis. 4) Coordinate project issues with Contractor, City Project Manager, TxDOT and other stakeholders – document these discussions and decisions. FUNCTION CODE 166 CONSTRUCTIBILITY REVIEW 1) Review plan set designed by others for constructability and that the project is constructable. 2) Complete a bid item quantity take-off to verify the quantity of bid items to be used on the project. 3) Review the project specifications a) Verify that items listed in bid tab have an associated specification. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 2 of 8 b) Compare any TxDOT specifications with applicable City of Pearland specifications. 4) Make site visits to verify that items in field are properly shown on plan sheets. 5) Prepare a document with findings from the Constructability Review. This document to be submitted to the Engineer of Record for their consideration to incorporate into the plan documents. a) Verify and work with EOR regarding incorporating items noted in review into plan set. FUNCTION CODE 309 DESIGN CONFIRMATION, CHANGES AND ALTERATIONS 1) Utilize the City's Construction Management software system to: receive, route, track and log Contractor communications, Submittals, Change Orders, RFI’s, Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI’s to verify that timely responses are provided; notify City Project Manager, Contractor and Design Engineer of time critical issues. a) Respond to RFI’s when such response does not require the Engineer's opinion or expertise or direction from City. b) Assemble and maintain notes, comments, sketches and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as-built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness and progress. 2) Prepare and issue request for proposals in a timely manner. Review RFP and contractor proposal for additional work with City Project Manager and Design Engineer for approval. Record the status of RFP and Responses from Contractor, City and Design Engineer and verify they are logged and tracked in the City’s construction management software system. 3) Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, time, accuracy and price practicality. Negotiate with Contractor on City's behalf, if required. 4) Prepare Change Order and documentation including signatures of Contractor, Engineer and Construction Manager for delivery to City. FUNCTION CODE 310 PROJECT SUPERVISION 1) Act as the City's on-site representative administering the contract for construction and DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 3 of 8 providing overall project oversight, maintain record of decisions and changes made. Services provided will supp01t the City's efforts to comply with TxDOT Local Government Project Procedures (LGPP). Construction Manager will utilize Chapter 9 of TxDOT LGPP in supporting the City. 2) Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via City’s software system to: City Project Manager, Design Engineer and contractor throughout the duration of the project. a) Schedule meetings every two weeks, minimum, to review the following: work progress and schedule, outstanding issues, status of submittals and responses, shop drawings, unforeseen issues, and changes to the work. 1) Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. 2) Coordinate/monitor the following: utility relocation activities for compliance, utility installation verification, rep01iing, record management and as-built drawings. 3) Attend all utility coordination, construction, and scheduling meetings. 4) Obtain copy of ROW permit and prints from Public Works in order to monitor progress of utility relocation per permit/plan. 3) Construction Contract Administration a) Project final documentation is required in electronic/digital format, utilizing City’s software system as is feasible. 1) As field problems arise, notify the Design Engineer and City Project Manager of proposed solutions to resolve problems. 2) Review and update as-built documents regularly with contractor. 3) Monitor and confirm adherence to approved project baseline schedule. Review contractor's schedule monthly, confirm compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. 4) Recommend alternate project sequencing/scheduling to keep project on schedule. 5) Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress info1mation associated with the project will be submitted to the Project Manager for review and approval. 6) Record weather conditions on jobsite daily. 4) Coordinate work of contractor with external agencies and utility companies. Coordinate DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 4 of 8 contractor's operations with other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. a) Confirm construction conformance and compliance with TCEQ, NOI and NOT. b) Confirm construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. 5) Maintain records of decisions, actions and activities with regard to construction operations via the City's software system (i.e. Change Orders, RFI’s and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) FUNCTION CODE 320 INSPECTION OF WORK IN PROGRESS AND PROJECT RECORDS 1) Provide full-time on-site technical observation of Contractor's activities to confirm that work materials, structures, equipment and workmanship comply with the Contract Documents including Addenda, and Change Orders. Report on whether Contractor maintains good construction practices and professional standards prevailing in the local City, County, and State of Texas. Utilize City's software system for all inspection reports. a) Notify the City Project Manager if Contractor's work that is observed is not in compliance with the Contract Documents or specifications. Notify the City Project Manager and Design Engineer of Contractor's failure to take measures to repair and bring work in compliance. 1) Issue Advisory Notices to Contractor for observed work that is not in compliance with approved construction documents. 2) Issue Non-Compliance Reports to Contractor if non-conforming work is not brought into compliance or if plan of action to bring work into compliance is not conducted in timely manner. 3) Inspect and observe the materials and equipment being incorporated into the work to verify that they are handled, stored and installed in accordance with the Contract Documents and specifications. Report to the City Project Manager regarding these activities. 2) Identify, record and notify Design Engineer of known problems or failures to meet performance requirements in a timely manner to minimize delay in the progress of the project. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 5 of 8 Make recommendation(s) for appropriate solution to the City Project Manager and Design Engineer. 3) Prepare and maintain daily progress log or daily construction reports, photographs, records and track quantities installed that day utilizing the City's software system. 4) Confirm that contractor reviews and approves daily reports and quantities. 5) Confirm contractor has obtained necessary permits and is maintaining Traffic Control, public notification and Storm Water Pollution Prevention Plans, facilities, equipment or arrangements in accordance with contract documents. 6) Attend and participate in progress meetings. 7) Create contacts for your record for: names, addresses, telephone numbers and email of project contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's software system. 8) Immediately notify the City Project Manager and Design Engineer in the event of an on- site accident. Record and note conditions, activities and witnesses to the event. a) Maintain Resolution Log and respond to citizen complaints in software system. 9) Consult with City Project Manager and Design Engineer in advance of scheduled major work operations, tests, inspections or start of important phases of project. 10) Pay applications will be generated by the City's software system based on quantities approved in the daily reports. Review and confirm quantities provided by contractor for work performed. a) Review work conducted daily on daily inspection reports and material installed 1) measurements submitted by contractor; verify work conducted and bid item quantities via City’s software system; meet monthly to review pay estimate and quantities with contractor b) Review progress pay application with Design Engineer for approval or revision prior to submittal to City. 1) Finalize pay application with signatures from Contractor, Engineer and Construction Manager certifying quantities and amounts via City’s software system. 2) Notify City Project Manager when all electronic signatures are completed in the City’s software systemfor invoice processing. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 6 of 8 3) Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in City’s software system. 4) Provide an independent quantity forecast bid items to identify potential quantity over-runs as part of pay estimate review. c) Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities utilizing City’s software system. Identify and add additional quantities and make any approved changes to the Contract Time. 1) Review and coordinate with Design Engineer to provide Engineer's recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) FUNCTION CODE 330 JOB CONTROL 1) Coordinate testing laboratory activities with Contractor's activities. Review test reports for compliance with Contract Documents. Log, track and retain test reports in City’s software system. Review results with Contractor. Monitor and record corrective action(s) and/or re- testing for compliance. Confirm compliance with City's specifications a) Review lab test reports and log any failures. b) Review Invoicing from Laboratory to daily activities. 2) Coordinate and communicate on work involving Brazoria County Drainage District No. 4 BDD4) and work within their property boundaries. FUNCTION CODE 352 FINAL CONSTRUCTION DOCUMENTS 1) Provide list for substantial completion walk through/inspection. Schedule and conduct project walk through upon receipt of Contractor's notification of substantial completion. Include City Project Manager, EOR and others as directed. Prepare a list of non-conforming work based on visual inspections. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. 2) Coordinate and obtain Design Engineer's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate. 3) Review and compile any Operation and Maintenance documents required from the DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 7 of 8 Contractor forward to Engineer for review. Upload and/or verify that Contractor's closeout documents are uploaded to Construction Management Software. 4) Review for completeness and accuracy, including; affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Design Engineer and City Project Manager when completed. a) Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. b) Provide indexed project files, redline plans and as-built or record drawings to City via City’s software system. 5) Conduct Project Close-Out Meeting. 6) Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) 7) Consult with City on any potential Warranty items requiring repair or replacement. 8) Schedule, arrange and coordinate a One Year Walk-through of the project to review status of the work 30 days prior to expiration of the One Year Maintenance period. 9) Provide staff to conduct and participate in the warranty inspections. a) Prepare list of non-conforming work for presentation to the City Project Manager, Design Engineer and Contractor via City’s software system. i) Oversee repairs for non-conforming work with Contractor. ii) Submit final report on completed warranty repairs. FUNCTION CODE 390 CONSTRUCTION ENGINEERING NOT OTHERWISE CLASSIFIED 1) Chair Pre-Construction Meeting a) Schedule and conduct the pre-construction meeting; record and disseminate minutes from pre-construction meeting. 1) Set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. 2) Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, pe1mitting, property owner notification and coordination, temporary facilities, contractor's use of Construction Management Software etc. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 8 of 8 2) Consultant’s observation or monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Consultant shall not be responsible for the acts or omissions of construction contractor(s) or other parties on the project. DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE PRIME PROVIDER NAME: HDR Direct Labor Cost 11,527.61$ 11,527.61$ Fixed Fee/Profit 1,152.76$ 1,152.76$ Other Direct Expense -$ Direct Labor Cost 26,647.71$ 26,647.71$ Fixed Fee/Profit 2,664.77$ 2,664.77$ Other Direct Expense Direct Labor Cost 66,733.55$ 66,733.55$ Fixed Fee/Profit 6,673.35$ 6,673.35$ Other Direct Expense Direct Labor Cost 67,739.88$ 67,739.88$ Fixed Fee/Profit 6,773.99$ 6,773.99$ Other Direct Expense Direct Labor Cost 69,416.18$ 69,416.18$ Fixed Fee/Profit 6,941.62$ 6,941.62$ Other Direct Expense -$ Direct Labor Cost 451,470.96$ 451,470.96$ Fixed Fee/Profit 45,147.10$ 45,147.10$ Other Direct Expense 29,775.00$ 29,775.00$ Labor (Include Overhead and Profit)106,997.15$ 25,149.40$ 81,847.75$ Unit Cost/Material Testing 32,675.94$ 2,514.94$ 30,161.00$ Other Direct Expense 12,005.00$ 12,005.00$ Direct Labor Cost 13,952.23$ 13,952.23$ Fixed Fee/Profit 1,395.22$ 1,395.22$ Other Direct Expense Direct Labor Cost 21,915.62$ 21,915.62$ Fixed Fee/Profit 2,191.56$ 2,191.56$ Other Direct Expense GRAND TOTALS * SEE ASSUMPTIONS 983,797.20$ 859,783.45$ 124,013.75$ DBE %)12.61% FC 300 390) SUMMARY Prime Provider HDR) Subprovider Materials & Testing (HVJ Associates) FC 130 130) SUBTOTALSCSJ: 0912-31-293 HIGHWAY: Smith Ranch Road FC 309 309) FC 145 145) FC 166 166) Assumptions To Develop Maximum Fee Payable Under This Work Authorization: 1. Schedule Project is 204 working days, 11 months long would include rain days FC 300 310) FC 300 330) FC 300 320) FC 300 352) Page 1 of 6 Exhibit D DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ:0912 31 293 Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE TASK DESCRIPTION SR PROJECT MANAGER SENIOR PROJECT DESIGN SENIOR SCHEDULER SR. UTILITIES UTILITIES ADMIN/CONSTRUCTION CT CONSTRUCTION RECORDS UTILITIES UTILITIES TOTAL TOTAL Construction Engineering and Inspection Services CEI SUPPORT MANAGER ENGINEER ENGINEER ENGINEER SCHEDULER IV COORDINATOR COORDINATOR CLERICAL SUPERINTENDANT EC INSPECTOR KEEPER COORDINATOR FIELD HOME OFFICE FIELD OFFICE IV SENIOR Work Authorization Termination Date: INSPECTOR HRS. & COSTS COSTS Labor Rate Per Hour - Specified Rate 95.00 92.00 61.00 54.00 41.00 90.00 46.00 65.00 49.08 33.00 64.00 52.00 42.12 49.08 36.90 CSJ: FC 130 (130) - RIGHT-OF-WAY DATA Utility Adjustment coordination 404 Utility Engineering 404 Utility Inspection/Verification 44 40 88 48 Prepare Utility Agreements 88 16 0 Sub-Total Labor Hours 4 4 0 0 0 0 0 8 8 0 40 0 08 8 24 56 Direct Labor Cost 380.00 368.00 520.00 392.64 2,560.00 392.64 295.20 1,660.64 3,247.84 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 968.54 937.96 1,325.38 1,000.76 5,750.02 881.91 663.05 4,232.64 7,294.97 Fixed Fee (10%)96.85 93.80 132.54 100.08 575.00 88.19 66.31 423.26 729.50 TOTAL LABOR COST 1,065.39 1,031.76 1,457.92 1,100.84 6,325.02 970.10 729.36 4,655.90 8,024.47 FC 145 (145) - MANAGING CONTRACTED/DONATED PE Prepare Monthly Progress Reports 10 20 30 0 Develop and Maintain Project Schedule 20 20 0 Meet on Scheduled basis with STATE 10 10 10 30 0 Prepare, Distribute and file correspondence 10 10 20 0 Prepare and Distribute Meeting minutes 15 20 20 55 0 Document Phone Calls 20 20 0 Sub-Total Labor Hours 35 30 0 0 60 0 20 0 0 30 0 0 00 0 175 0 Direct Labor Cost 3,325.00 2,760.00 2,460.00 920.00 990.00 10,455.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 8,474.76 7,034.69 6,270.05 2,344.90 2,523.31 26,647.71 Fixed Fee (10%)847.48 703.47 627.01 234.49 252.33 2,664.77 TOTAL LABOR COST 9,322.24 7,738.16 6,897.06 2,579.39 2,775.64 29,312.48 FC 166 (166) - Constructability Review Plan Feasibility Review 20 60 40 80 40 Estimate of Quantites - Quantity Take off 48 40 4 52 4 Specification Review and TxDOT vs City Specifications 20 20 8 40 8 Site Visits to review items noted on plans 88 8 8 24 8 Prepare Plan Review Determination Document 816 24 8 48 8 Verify changes Incorporated into plans 12 16 8 8 36 8 Sub-Total Labor Hours 72 128 0 0 80 0 0 0 0 0 76 0 00 0 280 76 Direct Labor Cost 6,840.00 11,776.00 3,280.00 4,864.00 21,896.00 4,864.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 17,433.79 30,014.67 8,360.06 10,925.03 55,808.52 10,925.03 Fixed Fee (10%)1,743.38 3,001.47 836.01 1,092.50 5,580.85 1,092.50 TOTAL LABOR COST 19,177.17 33,016.14 9,196.07 12,017.53 61,389.37 12,017.53 FC 309 (309) - Project Verif/Changes/Alter Review of Submittals 40 10 5 20 10 75 10 Review and Replying to RFI's 40 10 5 10 10 65 10 Change Orders:00 Review Construction Contract Administration Manual 20 5 4 25 4 Estimate Cost 20 10 0 16 30 16 Provide Justification Documents And Negotiation 40 20 40 8 100 8 Sub-Total Labor Hours 160 55 10 10 60 0 0 0 0 0 48 0 0 0 0 295 48 Direct Labor Cost 15,200.00 5,060.00 610.00 540.00 2,460.00 3,072.00 23,870.00 3,072.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 38,741.76 12,896.93 1,554.77 1,376.35 6,270.05 6,900.02 60,839.86 6,900.02 Fixed Fee (10%)3,874.18 1,289.69 155.48 137.64 627.01 690.00 6,083.99 690.00 TOTAL LABOR COST 42,615.94 14,186.62 1,710.25 1,513.99 6,897.06 7,590.02 66,923.85 7,590.02 FC 300 (310) - GENERAL FUNCTION Project Coordination Meetings 40 60 80 20 40 20 200 60 Work Schedule Review To Include Progress 20 20 40 10 40 50 Analyze Contractor's Monthly Critical Method (CPM) Schedule 10 4 20 20 34 20 Time Impact Analysis 10 4 10 24 0 Project Correspondence 20 40 20 20 60 Sub-Total Labor Hours 100 28 0 0 80 0 30 0 0 20 140 10 40 0 0 258 190 Direct Labor Cost 9,500.00 2,576.00 3,280.00 1,380.00 660.00 8,960.00 520.00 1,684.80 17,396.00 11,164.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 24,213.60 6,565.71 8,360.06 3,517.34 1,682.21 20,125.06 1,167.97 3,784.23 44,338.92 25,077.26 Fixed Fee (10%)2,421.36 656.57 836.01 351.73 168.22 2,012.51 116.80 378.42 4,433.89 2,507.73 TOTAL LABOR COST 26,634.96 7,222.28 9,196.07 3,869.07 1,850.43 22,137.57 1,284.77 4,162.65 48,772.81 27,584.99 FC 300 (320) - GENERAL FUNCTION Daily Work Reports 40 40 60 80 40 40 140 160 Project Verification To Include Installation 20 40 1800 750 60 2550 Monthly Progress Pay Estimates 20 40 20 40 20 100 80 160 Construction Scheduling 10 20 10 20 00 60 0 Sub-Total Labor Hours 90 140 0 0 80 10 20 0 0 0 1,920 810 140 0 0 340 2,870 Direct Labor Cost 8,550.00 12,880.00 3,280.00 900.00 920.00 122,880.00 42,120.00 5,896.80 26,530.00 170,896.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 21,792.24 32,828.54 8,360.06 2,293.92 2,344.90 276,000.77 94,605.73 13,244.80 67,619.66 383,851.30 Fixed Fee (10%)2,179.22 3,282.85 836.01 229.39 234.49 27,600.08 9,460.57 1,324.48 6,761.97 38,385.13 TOTAL LABOR COST 23,971.46 36,111.39 9,196.07 2,523.31 2,579.39 303,600.85 104,066.30 14,569.28 74,381.63 422,236.43 FC 300 (330) - GENERAL FUNCTION Coordinate with Brazoria Co Drainage Dist (BDD4)84 4 20 10 Coordinate with testing laboratory 10 20 40 10 40 30 90 Sub-Total Labor Hours 18 24 0 0 4 0 0 0 0 0 60 20 40 0 0 46 120 Direct Labor Cost 1,710.00 2,208.00 164.00 3,840.00 1,040.00 1,684.80 4,082.00 6,564.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 4,358.45 5,627.75 418.00 8,625.02 2,335.94 3,784.23 10,404.20 14,745.20 Fixed Fee (10%)435.85 562.78 41.80 862.50 233.59 378.42 1,040.42 1,474.52 TOTAL LABOR COST 4,794.30 6,190.53 459.80 9,487.52 2,569.53 4,162.65 11,444.62 16,219.72 FC 300 (352) - GENERAL FUNCTION Final Construction Documents Provide Comprehensive Punch List 12 10 20 4 22 24 Verify Punch List Work Is Complete 6 16 616 Provide Contractor Punch List To the State 22 40 One year warranty walk through 8 8 88 Sub-Total Labor Hours 28 2 0 0 0 0 0 0 0 0 44 0 4 0 0 30 48 Direct Labor Cost 2,660.00 184.00 2,816.00 168.48 2,844.00 2,984.48 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 6,779.81 468.98 6,325.02 378.42 7,248.79 6,703.44 Fixed Fee (10%)677.98 46.90 632.50 37.84 724.88 670.34 TOTAL LABOR COST 7,457.79 515.88 6,957.52 416.26 7,973.67 7,373.78 FC 300 (390) - GENERAL FUNCTION Post Letting Activities Prior To Construction Pre-Bid Meeting 33 3 63 Pre-Construction Meetings 48 8 448 20 16 Activities During Construction 00 Disputes And Claims 88 40 10 10 16 60 Internal And External Audits 88 10 16 10 Sub-Total Labor Hours 20 24 0 0 8 0 0 0 0 0 44 14 28 0 0 52 86 Direct Labor Cost 1,900.00 2,208.00 328.00 2,816.00 728.00 1,179.36 4,436.00 4,723.36 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field) 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 4,842.72 5,627.75 836.01 6,325.02 1,635.16 2,648.96 11,306.48 10,609.14 Fixed Fee (10%)484.27 562.78 83.60 632.50 163.52 264.90 1,130.65 1,060.91 TOTAL LABOR COST 5,326.99 6,190.53 919.61 6,957.52 1,798.68 2,913.86 12,437.13 11,670.05 ENGINEER IN TRAINING HOME OFFICE OVERHEAD RATE FIELD OFFICE OVERHEAD RATE Page 2 of 6 Exhibit D DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:UNIT COST QUANTITY UNIT FIXED/MAX RATE TOTAL Lodging/Hotel - Taxes and Fees 0 day/person Max $ - Lodging/Hotel (Taxes/fees not included) 0 day/person Max $ - Meals (Excluding alcohol & tips) (Overnight stay required)0 day/person Max $ - Mileage 12000 mile Fixed $ 0.655 $ 7,860.000 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed)0 day Max $ - Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)15 day Fixed $ 80.00 $ 1,200.000 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed) 1 truck per month for 10 months) 11 month Fixed 1,600.00 $ 17,600.000 Construction Truck 4X4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed) 0 day Max $ - Construction Truck 4x4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed) 0 month Max $ - Rental Car Fuel 0 gallon Max $ - Rental Car (Includes taxes and fees; Insurance costs will not be reimbursed)0 day Max $ - Air Travel - In State - Short Notice (Coach)0 Rd Trip/person Max $ - Air Travel - In State - 2+ Wks Notice (Coach)0 Rd Trip/person Max $ - Air Travel - Out of State - 2+ Wks Notice (Coach)0 Rd Trip/person Max $ - Air Travel - Out of State - Short Notice (Coach)0 Rd Trip/person Max $ - Taxi/Cab fare 0 each/person Max $ - Parking 1 day Max $ 10.00 $ 10.000 Toll Charges 100 each Max 5.00 $ 500.000 Standard Postage 0 letter Fixed $ - Certified Letter Return Receipt 0 each Fixed $ - Overnight Mail - letter size 5 each Max $ 25.00 $ 125.000 Overnight Mail - oversized box 1 each Max $ 35.00 $ 35.000 Courier Services 1 each Max $ 30.00 $ 30.000 Photocopies B/W (11" X 17")1000 each Fixed 0.15 $ 150.000 Photocopies B/W (8 1/2" X 11")2500 each Fixed $ 0.10 $ 250.000 Photocopies Color (11" X 17")800 each Fixed 1.20 $ 960.000 Photocopies Color (8 1/2" X 11")1000 each Fixed $ 1.00 $ 1,000.000 Digital Ortho Plotting 0 sheet Fixed $ - Plots (B/W on Bond)25 per sq. ft. Fixed $ 1.00 $ 25.000 Plots (Color on Bond)25 per sq. ft. Fixed $ 1.20 $ 30.000 Plots (Color on Photographic Paper)0 per sq. ft. Fixed $ - Color Graphics on Foam Board 0 square foot Fixed $ - Presentation Boards 30" X 40" Color Mounted 0 each Max $ - Report Printing 0 each Max $ - Report Binding and tabbing 0 each Fixed $ - Notebooks 0 each Max $ - Reproduction of CD/DVD 0 each Max $ - CDs 0 each Fixed $ - 4" X 6" Digital Color Print 0 picture Fixed $ - Hazardous Materials Database Search 0 per search Max $ - Railroad - Flagger (Service provided by RR)0 hour Max $ - Railroad - Insurance in addition to STD Minimum Required (Minimum coverage of $1 Million required by RR.) 0 each Max $ - Railroad - Permit 0 each Max $ - Railroad - Safety Training (If required - Heavy Rail Safety Training Certificate, includes classroom training and employee certification card.) 0 Per Person Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Large Project (Includes labor, equipment and fuel) 0 day Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Medium Project (Includes labor, equipment and fuel) 0 day Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Small Project (Includes labor, equipment and fuel) 0 day Max $ - Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel)0 day Max $ - Attenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel)0 day Max $ - Portable Message Board 0 day Max $ - Law Enforcement/Uniform Officer (including vehicle)0 hour Max $ - Boat with Motor 0 day Max $ - Cellular Telephone & Data Plan 0 each/month Max $ - Wireless Router/Server 0 month Max $ - Laptop Computer/IPad and data plan 0 each/month Max $ - Desktop & Microcomputer w/Plotter-each/month 0 sheet Max $ - Mobilization/Demobilization Laboratory 0 each Max $ - AASHTO Accreditation Aggregates Laboratory 0 each Max $ - AASHTO Accreditation Hot Mix Laboratory 0 each Max $ - AASHTO Accreditation Soil Laboratory 0 each Max $ - CCRL Accreditation 0 each Max $ - Equipment Calibration 0 each Max $ - Office Trailer Rental 0 each Max $ - GPS Receiver (rates applied to actual time GPS units are in use)0 hour Max $ - SharePoint License Fee and Server 0 each/month Max $ - Personal Protective Equipment (hat, vest, gloves, boots, hearing prot., glasses & fall protection (Lanyards, Harnesses) one time only 0 per employee Max $ - Safety Lights for Leased/Owened Vehicle (One time only)0 each Max $ - TOTAL OTHER DIRECT EXPENSES 29,775.00$ OTHER DIRECT EXPENSES Page 3 of 6 Exhibit D DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Sub Provider:HVJ Associates CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE OTHER DIRECT EXPENSES QUANTITY UNIT FIXED/MAX RATE TOTAL Lodging/Hotel - Taxes and Fees day/person Max $ 25.00 $0.00 Lodging/Hotel (Taxes/fees not included)day/person Max $ 83.00 $0.00 Meals (Excluding alcohol & tips) (Overnight stay required)day/person Max $ 41.00 $0.00 Mileage 4000 mile Fixed $ 0.58 $2300.00 Rental Car Fuel day Max $ 25.00 $0.00 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed)day Max $ 100.00 $0.00 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)5 day Fixed $ 80.00 $400.00 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)2 month Fixed $ 1,500.00 $3000.00 Construction Truck 4X4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed)1 day Max $ 125.00 $125.00 Construction Truck 4x4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed)1 month Max $ 1,600.00 $1600.00 Rental Car Fuel gallon Max $ 3.75 $0.00 Rental Car (Includes taxes and fees; Insurance costs will not be reimbursed)day Max $ 50.00 $0.00 Air Travel - In State - Short Notice (Coach)Rd Trip/person Max $ 400.00 $0.00 Air Travel - In State - 2+ Wks Notice (Coach)Rd Trip/person Max $ 300.00 $0.00 Air Travel - Out of State - 2+ Wks Notice (Coach)Rd Trip/person Max $ 500.00 $0.00 Air Travel - Out of State - Short Notice (Coach)Rd Trip/person Max $ 650.00 $0.00 Taxi/Cab fare each/person Max $ 50.00 $0.00 Parking 0 day Max $ 20.00 $0.00 Toll Charges 0 each Max $ 2.00 $0.00 Standard Postage letter Fixed $ 0.49 $0.00 Certified Letter Return Receipt each Fixed $ 4.55 $0.00 Overnight Mail - letter size each Max $ 15.00 $0.00 Overnight Mail - oversized box each Max $ 30.00 $0.00 Courier Services each Max $ 25.00 $0.00 Photocopies B/W (11" X 17")each Fixed $ 0.20 $0.00 Photocopies B/W (8 1/2" X 11")each Fixed $ 0.10 $0.00 Photocopies Color (11" X 17")each Fixed $ 0.74 $0.00 Photocopies Color (8 1/2" X 11")each Fixed $ 0.40 $0.00 Digital Ortho Plotting sheet Fixed $ 1.25 $0.00 Plots (B/W on Bond)per sq. ft.Fixed $ 0.50 $0.00 Plots (Color on Bond)per sq. ft.Fixed $ 1.00 $0.00 Plots (Color on Photographic Paper)per sq. ft.Fixed $ 4.00 $0.00 Color Graphics on Foam Board square foot Fixed $ 4.00 $0.00 Presentation Boards 30" X 40" Color Mounted each Max $ 65.00 $0.00 Report Printing each Max $ 25.00 $0.00 Report Binding and tabbing each Fixed $ 4.25 $0.00 Notebooks 4 each Max $ 5.00 $20.00 Reproduction of CD/DVD each Max $ 3.00 $0.00 CDs each Fixed $ 1.00 $0.00 4"x6" Digital Color Print picture Fixed $ 0.25 $0.00 Hazardous Materials Database Search per search Max $ 300.00 $0.00 Railroad - Flagger (Service provided by RR)hour Max $ 60.00 $0.00 Railroad - Insurance in addition to STD Minimum Required (Minimum coverage of $1 Million required by RR.)each Max $ 3,000.00 $0.00 Railroad - Permit each Max $ 500.00 $0.00 Railroad - Safety Training (If required - Heavy Rail Safety Training Certificate, includes classroom training and employee certification card.)Per Person Max $ 150.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Large Project (Includes labor, equipment and fuel)day Max $ 2,000.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Medium Project (Includes labor, equipment and fuel)day Max $ 1,375.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Small Project (Includes labor, equipment and fuel)day Max $ 1,000.00 $0.00 Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel)day Max $ 400.00 $0.00 Attenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel)day Max $ 250.00 $0.00 Portable Message Board day Max $ 200.00 $0.00 Law Enforcement/Uniform Officer (including vehicle)hour Max $ 50.00 $0.00 Boat with Motor day Max $ 200.00 $0.00 Cellular Telephone & Data Plan 8 each/month Max $ 120.00 $960.00 Wireless Router/Server month Max $ 30.00 $0.00 Laptop Computer/IPad and data plan 8 each/month Max $ 200.00 $1600.00 Desktop & Microcomputer w/Plotter-each/month sheet Max $ 32.50 $0.00 Mobilization/Demobilization Laboratory each Max $ 2,000.00 $0.00 AASHTO Accreditation Aggregates Laboratory each Max $ 6,500.00 $0.00 AASHTO Accreditation Hot Mix Laboratory each Max $ 7,500.00 $0.00 AASHTO Accreditation Soil Laboratory each Max $ 6,500.00 $0.00 CCRL Accreditation each Max $ 11,000.00 $0.00 Equipment Calibration each Max $ 1,000.00 $0.00 Office Trailer Rental each Max $ 500.00 $0.00 GPS Receiver (rates applied to actual time GPS units are in use)hour Max $ 20.00 $0.00 SharePoint License Fee and Server each/month Max $ 800.00 $0.00 Personal Protective Equipment (hat, vest, gloves, boots, hearing prot., glasses & fall protection (Lanyards, Harnesses) one time only 4 per employee Max $ 500.00 $2000.00 Safety Lights for Leased/Owened Vehicle (One time only)each Max $ 1,000.00 $0.00 TOTAL OTHER DIRECT EXPENSES $ 12,005.00 Page 5 of 6 Exhibit D DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Sub Provider:HVJ Associates CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE TEST CODE QUANTITY UNIT RATE Cost Sieve Analysis of Fine and Coarse Aggregate TEX 401-A 16 each 65.00 1,040.00$ ASTM C 173 Hrly $ Air Content of Freshly mixed Concrete by the Pressure Method ASTM C 231 Hrly $ Slump of Hydraulic Cement Concrete ASTM C 143 Hrly $ Unit Weight, yield, and Air content of Concrete ASTM C 138 Hrly $ Making and Curing Concrete Test Specimens ASTM C 31 Hrly $ ASTM C 78 1 each 25.00 25.00$ Soils $ Tex-100-E Hrly $ Tex -101-E Hrly $ Determining Moisture Content in Soils Materials Tex-103-E 2 each 12.00 24.00$ Determining Liquid Limits of Soils Tex-104-E 8 each 35.00 280.00$ Determining Plastic Limit of Soils Tex-105-E 8 each 28.00 224.00$ Determining the Bar Linear Shrinkage of Soils Tex-107-E 3 each 60.00 180.00$ Determining the Specific Gravity of Soils Tex-108-E 1 each 45.00 45.00$ Particle Size Analysis of Soils Tex-110-E 1 each 50.00 50.00$ Tex-111-E 8 each 45.00 360.00$ Tex-113-E 6 each 200.00 1,200.00$ Tex-114-E 8 each 190.00 1,520.00$ Tex-115-E Hrly $ Tex-116-E 3 each 220.00 660.00$ Triaxial Compression for Disturbed Soils and Base Materials Tex-117-E 3 each 1,600.00 4,800.00$ Soil-Cement Testing Tex-120-E 1 each 350.00 350.00$ Soil-Lime Testing (4 points) (% lime determination)Tex-121-E 4 each 225.00 900.00$ Determining Soil pH Tex-128-E 1 each 28.00 28.00$ Measuring the Resistivity of Soil Materials Tex-129-E 1 each 75.00 75.00$ Slurry Testing Tex-130-E Hrly 0.00 $ Texas Cone Penetration Tex-132-E each 24.00 $ Measuring Thickness of Pavement Layer Tex-140-E Hrly $ Determining Sulfate Content in Soils-Colorimetric Method Tex-145-E 3 each 89.00 267.00$ Tex-126-E 2 each 1,400.00 2,800.00$ Tex-131-E 1 each 75.00 75.00$ Soil Organic Content Using UV-Vis Method Tex-148-E 3 each 89.00 267.00$ Standard Compaction Proctor D-698 1 each 190.00 190.00$ Modified Compaction Proctor D-1557 1 each 200.00 200.00$ Cement Content of Freshly Mixed CSS Mixture D-806 each 350.00 $ Comp. Strength of CSS Sample, Including Molding D-1632 & D1633 6 each 65.00 390.00$ Maximum & Minimum Density (Sands)D-4254 each 150.00 $ Bituminous Mixtures $ Sieve Analysis of Fine and Water Absorption of Aggregates Tex-200-F 2 each 60.00 120.00$ Bulk Specific Gravity and Water Absorption of Aggregates Tex-201-F 2 each 55.00 110.00$ Tex-202-F 2 each 55.00 110.00$ Sand Equivalent Test Tex-203-F 2 each 75.00 150.00$ Design of Bituminous Mixtures Tex-204-F 1 each 1,800.00 1,800.00$ Laboratory Method of Mixing Bituminous Tex-205-F Hrly $ Compacting Test Specimens of Bituminous Mixtures Tex-206-F 1 each 55.00 55.00$ Determining Density of Compacted Bituminous Mixtures Tex-207-F Hrly $ Test for Stabilometer Value of Bituminous Mixtures Tex-208-F 1 each 90.00 90.00$ Tex-210-F 1 each 165.00 165.00$ Theoretical Maximum Specific Gravity of Bituminous Mixtures Tex-227-F 1 each 80.00 80.00$ Tex-236-F 2 each 140.00 280.00$ Tex-217-F 1 each 80.00 80.00$ Sampling Bituminous Mixtures Tex-222-F Hrly $ Tex-241-F 1 each 120.00 120.00$ Aggregates & Concrete $ Sampling Stone, Gravel, Sand and Mineral Aggregates Tex-400-A Hrly $ Sieve Analysis of Fine and Coarse Aggregate Tex-401-A 4 each 65.00 260.00$ Fineness Modulus of Fine Aggregate Tex-402-A 3 each 55.00 165.00$ Tex-403-A 3 each 60.00 180.00$ Determining Unit Mass (Weight) of Aggregates Tex-404-A 3 each 60.00 180.00$ Determining Percent voids and solids in Aggregates Tex-405-A 3 each 22.00 66.00$ Tex-406-A 4 each 55.00 220.00$ Sampling Freshly Mixed Concrete ASTM C-172 Hrly $ Organic Impurities in Fine Aggregate for Concrete Tex-408-A 5 each 55.00 275.00$ Tex-409-A 2 each 40.00 80.00$ TEX410-A 8 each 175.00 1,400.00$ Tex-411-A 8 each 200.00 1,600.00$ Determining Deleterious Material in Mineral Aggregate Tex-413-A 3 each 70.00 210.00$ ASTM C-173 Hrly $ Slump of Portland Cement Concrete ASTM C-143 Hrly $ Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C-231 Hrly $ Unit Weight, Yield, and Air Content (Gravimetric) of Concrete ASTM C-138 Hrly $ Compressive Strength of Cylindrical Concrete Specimens TEX-418A 250 each 23.00 5,750.00$ Splitting Tensile Strength of Cylindrical Concrete Specimens Tex-421-A 1 each 42.00 42.00$ ASTM C-1064 Hrly $ Determining Pavement Thickness by Direct Measurement Tex-423-A Hrly $ Obtaining and Testing Drilled Cores of Concrete ASTM C-42 4 each 100.00 400.00$ Determining Compressive Strength of Grouts Tex-442-A 4 each 22.00 88.00$ Making and Curing Concrete Test Specimens ASTM C-31 Hrly $ ASTM C-78 1 each 30.00 30.00$ Capping Cylindrical Concrete Specimens ASTM C-617 0 Hrly $ Capping Cylindrical Concrete Specimens ASTM C-617 0 Hrly $ Determining Crushed Face Particle Count Tex-460-A 1 each 55.00 55.00$ Fine or Coarse Aggregate Angularity 1 each 25.00 25.00$ Flat and Elongated Particles 1 each 25.00 25.00$ 30,161.00$ Testing to be performed in the field by the technician,see specified Rate schedule for payment. Determining the Amount of Material in Soils Finer than the 75 m (No. 200) Sieve SERVICES TO BE PROVIDED Air Content of Freshly mixed Concrete by the Volumetric Method Flexural Strength of Concrete Using Simple Beam Third-Point Loading Surveying and Sampling Soils for Highways (TxPAV or NICET Certified Technician Time) Preparing Soil and Flexible Base Materials for Testing (TxPAV or NICET Certified Technician Time) Saturated Surface-Dry Specific Gravity and Absorption of Aggregates Laboratory Compaction Characteristics and Moisture-Density Relationship of Base Materials Laboratory Compaction Characteristics and Moisture-Density Relationship of Subgrade, Embankment Soils and Backfill Materials Field Method for Determining In-Place Density of Soils and Base Materials Ball Mill Method for Determining In-Place Density of Soils and Base Materials Molding, Testing, and Evaluating Bituminous Black Base Materials Consolidated Undrained Triaxial Compression Test for Undisturbed Soils (3 points) Apparent Specific Gravity of Material Finer Than No. 50 (300 µm) Sieve Determining Asphalt Content of Bituminous Mixtures by Extraction Determining Asphalt Content from Asphalt Paving Mixtures by the Ignition Method Determining Deleterious Material and Decantation Test for Coarse Aggregates Superpave Gyratory Compacting of Test Specimens of Bituminous Mixtures Total Flexural Strength of Concrete Using Simple Beam Third-Point Loading - Same test as line 56 above Materials Finer than No. 200 in miniral aggregates (Decantation test for concrete aggregates) Free Moisture and Water Absorption in Aggregate for Concrete Abrasion of Coarse Aggregate Using the Los Angeles Machine Soundness of Aggregate Using Sodium Sulfate or Magnesium Sulfate (5 cycles) Air Content of Freshly Mixed Concrete by the Volumetric Method Measuring Temperature of Freshly Mixed Portland Cement Concrete Page 6 of 6 Exhibit D DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Controlling Name of InterestedParty4 Nature of interest City, State, Country (place of business) Intermediary check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/20/2023 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland Construction Management and Inspection Services for Smith Ranch Road Extension TR1501 2023-1036769 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING HDR, Inc.XOmaha, NE United States Keen, Eric XOmaha, NE United States Meysenburg, Galen XOmaha, NE United States LeCureux, David XOmaha, NE United States McLaughlin, Thomas XWhitePlains, NY United States Henderson, John XOmaha, NE United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. street)(state)(zip code)(country) year)(month) State of ________________, on the _____day of ___________, 20_____. city) Declarant) Version V3.5.1.a18ea2cawww.ethics.state.tx.usFormsprovidedbyTexasEthicsCommission David C. Weston 07-17-1962 4828 Loop Central, Suite 800 Houston TX 77081 US Harris Texas 21st June 23 DocuSign Envelope ID: 161DACC5-00AA-4E16-A6E8-377DB4BA7312Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 1 of 8 ATTACHMENT C SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall perform the following tasks by function code as outlined below: FUNCTION CODE 130 RIGHT OF WAY AND UTILITY COORDINATION 1) Verify that utilities that were re-located for this project have been moved to a location that will not inhibit the construction of the project. 2) Coordinate with private utilities any issues that arise during the utility relocation investigation. 3) Verify right of way agreements with adjacent landowners are in-place prior to construction. a) Review landowner agreements for inclusion during construction. FUNCTION CODE 145 MANAGEMENT OF CONTRACT 1) Prepare monthly progress report for City Project Manager. Report to include: a) Work that has been completed since last monthly report. b) Upcoming work on the project. c) Issues that have been resolved and new issues that have come up since the last monthly report. d) Contractors’ personnel onsite and sub-contractors onsite. e) Relevant photos of work completed onsite. 2) Develop internal project schedule to assist in project staffing. 3) Meet with members of City Project Management staff and TXDOT staff on regular basis. 4) Coordinate project issues with Contractor, City Project Manager, TxDOT and other stakeholders – document these discussions and decisions. FUNCTION CODE 166 CONSTRUCTIBILITY REVIEW 1) Review plan set designed by others for constructability and that the project is constructable. 2) Complete a bid item quantity take-off to verify the quantity of bid items to be used on the project. 3) Review the project specifications a) Verify that items listed in bid tab have an associated specification. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 2 of 8 b) Compare any TxDOT specifications with applicable City of Pearland specifications. 4) Make site visits to verify that items in field are properly shown on plan sheets. 5) Prepare a document with findings from the Constructability Review. This document to be submitted to the Engineer of Record for their consideration to incorporate into the plan documents. a) Verify and work with EOR regarding incorporating items noted in review into plan set. FUNCTION CODE 309 DESIGN CONFIRMATION, CHANGES AND ALTERATIONS 1) Utilize the City's Construction Management software system to: receive, route, track and log Contractor communications, Submittals, Change Orders, RFI’s, Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI’s to verify that timely responses are provided; notify City Project Manager, Contractor and Design Engineer of time critical issues. a) Respond to RFI’s when such response does not require the Engineer's opinion or expertise or direction from City. b) Assemble and maintain notes, comments, sketches and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as-built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness and progress. 2) Prepare and issue request for proposals in a timely manner. Review RFP and contractor proposal for additional work with City Project Manager and Design Engineer for approval. Record the status of RFP and Responses from Contractor, City and Design Engineer and verify they are logged and tracked in the City’s construction management software system. 3) Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, time, accuracy and price practicality. Negotiate with Contractor on City's behalf, if required. 4) Prepare Change Order and documentation including signatures of Contractor, Engineer and Construction Manager for delivery to City. FUNCTION CODE 310 PROJECT SUPERVISION 1) Act as the City's on-site representative administering the contract for construction and Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 3 of 8 providing overall project oversight, maintain record of decisions and changes made. Services provided will supp01t the City's efforts to comply with TxDOT Local Government Project Procedures (LGPP). Construction Manager will utilize Chapter 9 of TxDOT LGPP in supporting the City. 2) Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via City’s software system to: City Project Manager, Design Engineer and contractor throughout the duration of the project. a) Schedule meetings every two weeks, minimum, to review the following: work progress and schedule, outstanding issues, status of submittals and responses, shop drawings, unforeseen issues, and changes to the work. 1) Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. 2) Coordinate/monitor the following: utility relocation activities for compliance, utility installation verification, rep01iing, record management and as-built drawings. 3) Attend all utility coordination, construction, and scheduling meetings. 4) Obtain copy of ROW permit and prints from Public Works in order to monitor progress of utility relocation per permit/plan. 3) Construction Contract Administration a) Project final documentation is required in electronic/digital format, utilizing City’s software system as is feasible. 1) As field problems arise, notify the Design Engineer and City Project Manager of proposed solutions to resolve problems. 2) Review and update as-built documents regularly with contractor. 3) Monitor and confirm adherence to approved project baseline schedule. Review contractor's schedule monthly, confirm compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. 4) Recommend alternate project sequencing/scheduling to keep project on schedule. 5) Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress info1mation associated with the project will be submitted to the Project Manager for review and approval. 6) Record weather conditions on jobsite daily. 4) Coordinate work of contractor with external agencies and utility companies. Coordinate Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 4 of 8 contractor's operations with other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. a) Confirm construction conformance and compliance with TCEQ, NOI and NOT. b) Confirm construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. 5) Maintain records of decisions, actions and activities with regard to construction operations via the City's software system (i.e. Change Orders, RFI’s and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) FUNCTION CODE 320 INSPECTION OF WORK IN PROGRESS AND PROJECT RECORDS 1) Provide full-time on-site technical observation of Contractor's activities to confirm that work materials, structures, equipment and workmanship comply with the Contract Documents including Addenda, and Change Orders. Report on whether Contractor maintains good construction practices and professional standards prevailing in the local City, County, and State of Texas. Utilize City's software system for all inspection reports. a) Notify the City Project Manager if Contractor's work that is observed is not in compliance with the Contract Documents or specifications. Notify the City Project Manager and Design Engineer of Contractor's failure to take measures to repair and bring work in compliance. 1) Issue Advisory Notices to Contractor for observed work that is not in compliance with approved construction documents. 2) Issue Non-Compliance Reports to Contractor if non-conforming work is not brought into compliance or if plan of action to bring work into compliance is not conducted in timely manner. 3) Inspect and observe the materials and equipment being incorporated into the work to verify that they are handled, stored and installed in accordance with the Contract Documents and specifications. Report to the City Project Manager regarding these activities. 2) Identify, record and notify Design Engineer of known problems or failures to meet performance requirements in a timely manner to minimize delay in the progress of the project. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 5 of 8 Make recommendation(s) for appropriate solution to the City Project Manager and Design Engineer. 3) Prepare and maintain daily progress log or daily construction reports, photographs, records and track quantities installed that day utilizing the City's software system. 4) Confirm that contractor reviews and approves daily reports and quantities. 5) Confirm contractor has obtained necessary permits and is maintaining Traffic Control, public notification and Storm Water Pollution Prevention Plans, facilities, equipment or arrangements in accordance with contract documents. 6) Attend and participate in progress meetings. 7) Create contacts for your record for: names, addresses, telephone numbers and email of project contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's software system. 8) Immediately notify the City Project Manager and Design Engineer in the event of an on- site accident. Record and note conditions, activities and witnesses to the event. a) Maintain Resolution Log and respond to citizen complaints in software system. 9) Consult with City Project Manager and Design Engineer in advance of scheduled major work operations, tests, inspections or start of important phases of project. 10) Pay applications will be generated by the City's software system based on quantities approved in the daily reports. Review and confirm quantities provided by contractor for work performed. a) Review work conducted daily on daily inspection reports and material installed 1) measurements submitted by contractor; verify work conducted and bid item quantities via City’s software system; meet monthly to review pay estimate and quantities with contractor b) Review progress pay application with Design Engineer for approval or revision prior to submittal to City. 1) Finalize pay application with signatures from Contractor, Engineer and Construction Manager certifying quantities and amounts via City’s software system. 2) Notify City Project Manager when all electronic signatures are completed in the City’s software systemfor invoice processing. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 6 of 8 3) Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in City’s software system. 4) Provide an independent quantity forecast bid items to identify potential quantity over-runs as part of pay estimate review. c) Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities utilizing City’s software system. Identify and add additional quantities and make any approved changes to the Contract Time. 1) Review and coordinate with Design Engineer to provide Engineer's recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) FUNCTION CODE 330 JOB CONTROL 1) Coordinate testing laboratory activities with Contractor's activities. Review test reports for compliance with Contract Documents. Log, track and retain test reports in City’s software system. Review results with Contractor. Monitor and record corrective action(s) and/or re- testing for compliance. Confirm compliance with City's specifications a) Review lab test reports and log any failures. b) Review Invoicing from Laboratory to daily activities. 2) Coordinate and communicate on work involving Brazoria County Drainage District No. 4 BDD4) and work within their property boundaries. FUNCTION CODE 352 FINAL CONSTRUCTION DOCUMENTS 1) Provide list for substantial completion walk through/inspection. Schedule and conduct project walk through upon receipt of Contractor's notification of substantial completion. Include City Project Manager, EOR and others as directed. Prepare a list of non-conforming work based on visual inspections. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. 2) Coordinate and obtain Design Engineer's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate. 3) Review and compile any Operation and Maintenance documents required from the Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 7 of 8 Contractor forward to Engineer for review. Upload and/or verify that Contractor's closeout documents are uploaded to Construction Management Software. 4) Review for completeness and accuracy, including; affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Design Engineer and City Project Manager when completed. a) Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. b) Provide indexed project files, redline plans and as-built or record drawings to City via City’s software system. 5) Conduct Project Close-Out Meeting. 6) Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) 7) Consult with City on any potential Warranty items requiring repair or replacement. 8) Schedule, arrange and coordinate a One Year Walk-through of the project to review status of the work 30 days prior to expiration of the One Year Maintenance period. 9) Provide staff to conduct and participate in the warranty inspections. a) Prepare list of non-conforming work for presentation to the City Project Manager, Design Engineer and Contractor via City’s software system. i) Oversee repairs for non-conforming work with Contractor. ii) Submit final report on completed warranty repairs. FUNCTION CODE 390 CONSTRUCTION ENGINEERING NOT OTHERWISE CLASSIFIED 1) Chair Pre-Construction Meeting a) Schedule and conduct the pre-construction meeting; record and disseminate minutes from pre-construction meeting. 1) Set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. 2) Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, pe1mitting, property owner notification and coordination, temporary facilities, contractor's use of Construction Management Software etc. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. Engineering-Engineering_SpecDelwWA.doc Attachment 0-1 Page 8 of 8 2) Consultant’s observation or monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Consultant shall not be responsible for the acts or omissions of construction contractor(s) or other parties on the project. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE PRIME PROVIDER NAME: HDR Direct Labor Cost 11,527.61$ 11,527.61$ Fixed Fee/Profit 1,152.76$ 1,152.76$ Other Direct Expense -$ Direct Labor Cost 26,647.71$ 26,647.71$ Fixed Fee/Profit 2,664.77$ 2,664.77$ Other Direct Expense Direct Labor Cost 66,733.55$ 66,733.55$ Fixed Fee/Profit 6,673.35$ 6,673.35$ Other Direct Expense Direct Labor Cost 67,739.88$ 67,739.88$ Fixed Fee/Profit 6,773.99$ 6,773.99$ Other Direct Expense Direct Labor Cost 69,416.18$ 69,416.18$ Fixed Fee/Profit 6,941.62$ 6,941.62$ Other Direct Expense -$ Direct Labor Cost 451,470.96$ 451,470.96$ Fixed Fee/Profit 45,147.10$ 45,147.10$ Other Direct Expense 29,775.00$ 29,775.00$ Labor (Include Overhead and Profit)106,997.15$ 25,149.40$ 81,847.75$ Unit Cost/Material Testing 32,675.94$ 2,514.94$ 30,161.00$ Other Direct Expense 12,005.00$ 12,005.00$ Direct Labor Cost 13,952.23$ 13,952.23$ Fixed Fee/Profit 1,395.22$ 1,395.22$ Other Direct Expense Direct Labor Cost 21,915.62$ 21,915.62$ Fixed Fee/Profit 2,191.56$ 2,191.56$ Other Direct Expense GRAND TOTALS * SEE ASSUMPTIONS 983,797.20$ 859,783.45$ 124,013.75$ DBE %)12.61% FC 300 390) SUMMARY Prime Provider HDR) Subprovider Materials & Testing (HVJ Associates) FC 130 130) SUBTOTALSCSJ: 0912-31-293 HIGHWAY: Smith Ranch Road FC 309 309) FC 145 145) FC 166 166) Assumptions To Develop Maximum Fee Payable Under This Work Authorization: 1. Schedule Project is 204 working days, 11 months long would include rain days FC 300 310) FC 300 330) FC 300 320) FC 300 352) Page 1 of 6 Exhibit D Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ:0912 31 293 Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE TASK DESCRIPTION SR PROJECT MANAGER SENIOR PROJECT DESIGN SENIOR SCHEDULER SR. UTILITIES UTILITIES ADMIN/CONSTRUCTION CT CONSTRUCTION RECORDS UTILITIES UTILITIES TOTAL TOTAL Construction Engineering and Inspection Services CEI SUPPORT MANAGER ENGINEER ENGINEER ENGINEER SCHEDULER IV COORDINATOR COORDINATOR CLERICAL SUPERINTENDANT EC INSPECTOR KEEPER COORDINATOR FIELD HOME OFFICE FIELD OFFICE IV SENIOR Work Authorization Termination Date: INSPECTOR HRS. & COSTS COSTS Labor Rate Per Hour - Specified Rate 95.00 92.00 61.00 54.00 41.00 90.00 46.00 65.00 49.08 33.00 64.00 52.00 42.12 49.08 36.90 CSJ: FC 130 (130) - RIGHT-OF-WAY DATA Utility Adjustment coordination 404 Utility Engineering 404 Utility Inspection/Verification 44 40 88 48 Prepare Utility Agreements 88 16 0 Sub-Total Labor Hours 4 4 0 0 0 0 0 8 8 0 40 0 08 8 24 56 Direct Labor Cost 380.00 368.00 520.00 392.64 2,560.00 392.64 295.20 1,660.64 3,247.84 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 968.54 937.96 1,325.38 1,000.76 5,750.02 881.91 663.05 4,232.64 7,294.97 Fixed Fee (10%)96.85 93.80 132.54 100.08 575.00 88.19 66.31 423.26 729.50 TOTAL LABOR COST 1,065.39 1,031.76 1,457.92 1,100.84 6,325.02 970.10 729.36 4,655.90 8,024.47 FC 145 (145) - MANAGING CONTRACTED/DONATED PE Prepare Monthly Progress Reports 10 20 30 0 Develop and Maintain Project Schedule 20 20 0 Meet on Scheduled basis with STATE 10 10 10 30 0 Prepare, Distribute and file correspondence 10 10 20 0 Prepare and Distribute Meeting minutes 15 20 20 55 0 Document Phone Calls 20 20 0 Sub-Total Labor Hours 35 30 0 0 60 0 20 0 0 30 0 0 00 0 175 0 Direct Labor Cost 3,325.00 2,760.00 2,460.00 920.00 990.00 10,455.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 8,474.76 7,034.69 6,270.05 2,344.90 2,523.31 26,647.71 Fixed Fee (10%)847.48 703.47 627.01 234.49 252.33 2,664.77 TOTAL LABOR COST 9,322.24 7,738.16 6,897.06 2,579.39 2,775.64 29,312.48 FC 166 (166) - Constructability Review Plan Feasibility Review 20 60 40 80 40 Estimate of Quantites - Quantity Take off 48 40 4 52 4 Specification Review and TxDOT vs City Specifications 20 20 8 40 8 Site Visits to review items noted on plans 88 8 8 24 8 Prepare Plan Review Determination Document 816 24 8 48 8 Verify changes Incorporated into plans 12 16 8 8 36 8 Sub-Total Labor Hours 72 128 0 0 80 0 0 0 0 0 76 0 00 0 280 76 Direct Labor Cost 6,840.00 11,776.00 3,280.00 4,864.00 21,896.00 4,864.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 17,433.79 30,014.67 8,360.06 10,925.03 55,808.52 10,925.03 Fixed Fee (10%)1,743.38 3,001.47 836.01 1,092.50 5,580.85 1,092.50 TOTAL LABOR COST 19,177.17 33,016.14 9,196.07 12,017.53 61,389.37 12,017.53 FC 309 (309) - Project Verif/Changes/Alter Review of Submittals 40 10 5 20 10 75 10 Review and Replying to RFI's 40 10 5 10 10 65 10 Change Orders:00 Review Construction Contract Administration Manual 20 5 4 25 4 Estimate Cost 20 10 0 16 30 16 Provide Justification Documents And Negotiation 40 20 40 8 100 8 Sub-Total Labor Hours 160 55 10 10 60 0 0 0 0 0 48 0 0 0 0 295 48 Direct Labor Cost 15,200.00 5,060.00 610.00 540.00 2,460.00 3,072.00 23,870.00 3,072.00 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 38,741.76 12,896.93 1,554.77 1,376.35 6,270.05 6,900.02 60,839.86 6,900.02 Fixed Fee (10%)3,874.18 1,289.69 155.48 137.64 627.01 690.00 6,083.99 690.00 TOTAL LABOR COST 42,615.94 14,186.62 1,710.25 1,513.99 6,897.06 7,590.02 66,923.85 7,590.02 FC 300 (310) - GENERAL FUNCTION Project Coordination Meetings 40 60 80 20 40 20 200 60 Work Schedule Review To Include Progress 20 20 40 10 40 50 Analyze Contractor's Monthly Critical Method (CPM) Schedule 10 4 20 20 34 20 Time Impact Analysis 10 4 10 24 0 Project Correspondence 20 40 20 20 60 Sub-Total Labor Hours 100 28 0 0 80 0 30 0 0 20 140 10 40 0 0 258 190 Direct Labor Cost 9,500.00 2,576.00 3,280.00 1,380.00 660.00 8,960.00 520.00 1,684.80 17,396.00 11,164.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 24,213.60 6,565.71 8,360.06 3,517.34 1,682.21 20,125.06 1,167.97 3,784.23 44,338.92 25,077.26 Fixed Fee (10%)2,421.36 656.57 836.01 351.73 168.22 2,012.51 116.80 378.42 4,433.89 2,507.73 TOTAL LABOR COST 26,634.96 7,222.28 9,196.07 3,869.07 1,850.43 22,137.57 1,284.77 4,162.65 48,772.81 27,584.99 FC 300 (320) - GENERAL FUNCTION Daily Work Reports 40 40 60 80 40 40 140 160 Project Verification To Include Installation 20 40 1800 750 60 2550 Monthly Progress Pay Estimates 20 40 20 40 20 100 80 160 Construction Scheduling 10 20 10 20 00 60 0 Sub-Total Labor Hours 90 140 0 0 80 10 20 0 0 0 1,920 810 140 0 0 340 2,870 Direct Labor Cost 8,550.00 12,880.00 3,280.00 900.00 920.00 122,880.00 42,120.00 5,896.80 26,530.00 170,896.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 21,792.24 32,828.54 8,360.06 2,293.92 2,344.90 276,000.77 94,605.73 13,244.80 67,619.66 383,851.30 Fixed Fee (10%)2,179.22 3,282.85 836.01 229.39 234.49 27,600.08 9,460.57 1,324.48 6,761.97 38,385.13 TOTAL LABOR COST 23,971.46 36,111.39 9,196.07 2,523.31 2,579.39 303,600.85 104,066.30 14,569.28 74,381.63 422,236.43 FC 300 (330) - GENERAL FUNCTION Coordinate with Brazoria Co Drainage Dist (BDD4)84 4 20 10 Coordinate with testing laboratory 10 20 40 10 40 30 90 Sub-Total Labor Hours 18 24 0 0 4 0 0 0 0 0 60 20 40 0 0 46 120 Direct Labor Cost 1,710.00 2,208.00 164.00 3,840.00 1,040.00 1,684.80 4,082.00 6,564.80 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 4,358.45 5,627.75 418.00 8,625.02 2,335.94 3,784.23 10,404.20 14,745.20 Fixed Fee (10%)435.85 562.78 41.80 862.50 233.59 378.42 1,040.42 1,474.52 TOTAL LABOR COST 4,794.30 6,190.53 459.80 9,487.52 2,569.53 4,162.65 11,444.62 16,219.72 FC 300 (352) - GENERAL FUNCTION Final Construction Documents Provide Comprehensive Punch List 12 10 20 4 22 24 Verify Punch List Work Is Complete 6 16 616 Provide Contractor Punch List To the State 22 40 One year warranty walk through 8 8 88 Sub-Total Labor Hours 28 2 0 0 0 0 0 0 0 0 44 0 4 0 0 30 48 Direct Labor Cost 2,660.00 184.00 2,816.00 168.48 2,844.00 2,984.48 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field)2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 6,779.81 468.98 6,325.02 378.42 7,248.79 6,703.44 Fixed Fee (10%)677.98 46.90 632.50 37.84 724.88 670.34 TOTAL LABOR COST 7,457.79 515.88 6,957.52 416.26 7,973.67 7,373.78 FC 300 (390) - GENERAL FUNCTION Post Letting Activities Prior To Construction Pre-Bid Meeting 33 3 63 Pre-Construction Meetings 48 8 448 20 16 Activities During Construction 00 Disputes And Claims 88 40 10 10 16 60 Internal And External Audits 88 10 16 10 Sub-Total Labor Hours 20 24 0 0 8 0 0 0 0 0 44 14 28 0 0 52 86 Direct Labor Cost 1,900.00 2,208.00 328.00 2,816.00 728.00 1,179.36 4,436.00 4,723.36 Direct Labor Cost + OH =1 + 1.5488 (Office) 1 + 1.2461 Field) 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.5488 2.2461 2.2461 2.2461 2.2461 2.2461 2.5488 2.2461 Sub-Total Labor Cost 4,842.72 5,627.75 836.01 6,325.02 1,635.16 2,648.96 11,306.48 10,609.14 Fixed Fee (10%)484.27 562.78 83.60 632.50 163.52 264.90 1,130.65 1,060.91 TOTAL LABOR COST 5,326.99 6,190.53 919.61 6,957.52 1,798.68 2,913.86 12,437.13 11,670.05 ENGINEER IN TRAINING HOME OFFICE OVERHEAD RATE FIELD OFFICE OVERHEAD RATE Page 2 of 6 Exhibit D Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Prime Provider:HDR CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:UNIT COST QUANTITY UNIT FIXED/MAX RATE TOTAL Lodging/Hotel - Taxes and Fees 0 day/person Max $ - Lodging/Hotel (Taxes/fees not included) 0 day/person Max $ - Meals (Excluding alcohol & tips) (Overnight stay required)0 day/person Max $ - Mileage 12000 mile Fixed $ 0.655 $ 7,860.000 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed)0 day Max $ - Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)15 day Fixed $ 80.00 $ 1,200.000 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed) 1 truck per month for 10 months) 11 month Fixed 1,600.00 $ 17,600.000 Construction Truck 4X4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed) 0 day Max $ - Construction Truck 4x4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed) 0 month Max $ - Rental Car Fuel 0 gallon Max $ - Rental Car (Includes taxes and fees; Insurance costs will not be reimbursed)0 day Max $ - Air Travel - In State - Short Notice (Coach)0 Rd Trip/person Max $ - Air Travel - In State - 2+ Wks Notice (Coach)0 Rd Trip/person Max $ - Air Travel - Out of State - 2+ Wks Notice (Coach)0 Rd Trip/person Max $ - Air Travel - Out of State - Short Notice (Coach)0 Rd Trip/person Max $ - Taxi/Cab fare 0 each/person Max $ - Parking 1 day Max $ 10.00 $ 10.000 Toll Charges 100 each Max 5.00 $ 500.000 Standard Postage 0 letter Fixed $ - Certified Letter Return Receipt 0 each Fixed $ - Overnight Mail - letter size 5 each Max $ 25.00 $ 125.000 Overnight Mail - oversized box 1 each Max $ 35.00 $ 35.000 Courier Services 1 each Max $ 30.00 $ 30.000 Photocopies B/W (11" X 17")1000 each Fixed 0.15 $ 150.000 Photocopies B/W (8 1/2" X 11")2500 each Fixed $ 0.10 $ 250.000 Photocopies Color (11" X 17")800 each Fixed 1.20 $ 960.000 Photocopies Color (8 1/2" X 11")1000 each Fixed $ 1.00 $ 1,000.000 Digital Ortho Plotting 0 sheet Fixed $ - Plots (B/W on Bond)25 per sq. ft. Fixed $ 1.00 $ 25.000 Plots (Color on Bond)25 per sq. ft. Fixed $ 1.20 $ 30.000 Plots (Color on Photographic Paper)0 per sq. ft. Fixed $ - Color Graphics on Foam Board 0 square foot Fixed $ - Presentation Boards 30" X 40" Color Mounted 0 each Max $ - Report Printing 0 each Max $ - Report Binding and tabbing 0 each Fixed $ - Notebooks 0 each Max $ - Reproduction of CD/DVD 0 each Max $ - CDs 0 each Fixed $ - 4" X 6" Digital Color Print 0 picture Fixed $ - Hazardous Materials Database Search 0 per search Max $ - Railroad - Flagger (Service provided by RR)0 hour Max $ - Railroad - Insurance in addition to STD Minimum Required (Minimum coverage of $1 Million required by RR.) 0 each Max $ - Railroad - Permit 0 each Max $ - Railroad - Safety Training (If required - Heavy Rail Safety Training Certificate, includes classroom training and employee certification card.) 0 Per Person Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Large Project (Includes labor, equipment and fuel) 0 day Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Medium Project (Includes labor, equipment and fuel) 0 day Max $ - Traffic Control Services, Arrow Boards and Attenuator trucks - Small Project (Includes labor, equipment and fuel) 0 day Max $ - Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel)0 day Max $ - Attenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel)0 day Max $ - Portable Message Board 0 day Max $ - Law Enforcement/Uniform Officer (including vehicle)0 hour Max $ - Boat with Motor 0 day Max $ - Cellular Telephone & Data Plan 0 each/month Max $ - Wireless Router/Server 0 month Max $ - Laptop Computer/IPad and data plan 0 each/month Max $ - Desktop & Microcomputer w/Plotter-each/month 0 sheet Max $ - Mobilization/Demobilization Laboratory 0 each Max $ - AASHTO Accreditation Aggregates Laboratory 0 each Max $ - AASHTO Accreditation Hot Mix Laboratory 0 each Max $ - AASHTO Accreditation Soil Laboratory 0 each Max $ - CCRL Accreditation 0 each Max $ - Equipment Calibration 0 each Max $ - Office Trailer Rental 0 each Max $ - GPS Receiver (rates applied to actual time GPS units are in use)0 hour Max $ - SharePoint License Fee and Server 0 each/month Max $ - Personal Protective Equipment (hat, vest, gloves, boots, hearing prot., glasses & fall protection (Lanyards, Harnesses) one time only 0 per employee Max $ - Safety Lights for Leased/Owened Vehicle (One time only)0 each Max $ - TOTAL OTHER DIRECT EXPENSES 29,775.00$ OTHER DIRECT EXPENSES Page 3 of 6 Exhibit D Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Sub Provider:HVJ Associates CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE OTHER DIRECT EXPENSES QUANTITY UNIT FIXED/MAX RATE TOTAL Lodging/Hotel - Taxes and Fees day/person Max $ 25.00 $0.00 Lodging/Hotel (Taxes/fees not included)day/person Max $ 83.00 $0.00 Meals (Excluding alcohol & tips) (Overnight stay required)day/person Max $ 41.00 $0.00 Mileage 4000 mile Fixed $ 0.58 $2300.00 Rental Car Fuel day Max $ 25.00 $0.00 SUV or ATV Rental (Includes taxes and fees; Insurance costs will not be reimbursed)day Max $ 100.00 $0.00 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)5 day Fixed $ 80.00 $400.00 Construction Truck (Includes operation, and maintenance costs; Insurance costs will not be reimbursed)2 month Fixed $ 1,500.00 $3000.00 Construction Truck 4X4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed)1 day Max $ 125.00 $125.00 Construction Truck 4x4 (Includes operation and maintenance costs; Insurance costs will not be reimbursed)1 month Max $ 1,600.00 $1600.00 Rental Car Fuel gallon Max $ 3.75 $0.00 Rental Car (Includes taxes and fees; Insurance costs will not be reimbursed)day Max $ 50.00 $0.00 Air Travel - In State - Short Notice (Coach)Rd Trip/person Max $ 400.00 $0.00 Air Travel - In State - 2+ Wks Notice (Coach)Rd Trip/person Max $ 300.00 $0.00 Air Travel - Out of State - 2+ Wks Notice (Coach)Rd Trip/person Max $ 500.00 $0.00 Air Travel - Out of State - Short Notice (Coach)Rd Trip/person Max $ 650.00 $0.00 Taxi/Cab fare each/person Max $ 50.00 $0.00 Parking 0 day Max $ 20.00 $0.00 Toll Charges 0 each Max $ 2.00 $0.00 Standard Postage letter Fixed $ 0.49 $0.00 Certified Letter Return Receipt each Fixed $ 4.55 $0.00 Overnight Mail - letter size each Max $ 15.00 $0.00 Overnight Mail - oversized box each Max $ 30.00 $0.00 Courier Services each Max $ 25.00 $0.00 Photocopies B/W (11" X 17")each Fixed $ 0.20 $0.00 Photocopies B/W (8 1/2" X 11")each Fixed $ 0.10 $0.00 Photocopies Color (11" X 17")each Fixed $ 0.74 $0.00 Photocopies Color (8 1/2" X 11")each Fixed $ 0.40 $0.00 Digital Ortho Plotting sheet Fixed $ 1.25 $0.00 Plots (B/W on Bond)per sq. ft.Fixed $ 0.50 $0.00 Plots (Color on Bond)per sq. ft.Fixed $ 1.00 $0.00 Plots (Color on Photographic Paper)per sq. ft.Fixed $ 4.00 $0.00 Color Graphics on Foam Board square foot Fixed $ 4.00 $0.00 Presentation Boards 30" X 40" Color Mounted each Max $ 65.00 $0.00 Report Printing each Max $ 25.00 $0.00 Report Binding and tabbing each Fixed $ 4.25 $0.00 Notebooks 4 each Max $ 5.00 $20.00 Reproduction of CD/DVD each Max $ 3.00 $0.00 CDs each Fixed $ 1.00 $0.00 4"x6" Digital Color Print picture Fixed $ 0.25 $0.00 Hazardous Materials Database Search per search Max $ 300.00 $0.00 Railroad - Flagger (Service provided by RR)hour Max $ 60.00 $0.00 Railroad - Insurance in addition to STD Minimum Required (Minimum coverage of $1 Million required by RR.)each Max $ 3,000.00 $0.00 Railroad - Permit each Max $ 500.00 $0.00 Railroad - Safety Training (If required - Heavy Rail Safety Training Certificate, includes classroom training and employee certification card.)Per Person Max $ 150.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Large Project (Includes labor, equipment and fuel)day Max $ 2,000.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Medium Project (Includes labor, equipment and fuel)day Max $ 1,375.00 $0.00 Traffic Control Services, Arrow Boards and Attenuator trucks - Small Project (Includes labor, equipment and fuel)day Max $ 1,000.00 $0.00 Attenuator trucks - (Lane/Shoulder Closure) (Includes labor, equipment and fuel)day Max $ 400.00 $0.00 Attenuator trucks - (No Lane Closure) (Includes labor, equipment and fuel)day Max $ 250.00 $0.00 Portable Message Board day Max $ 200.00 $0.00 Law Enforcement/Uniform Officer (including vehicle)hour Max $ 50.00 $0.00 Boat with Motor day Max $ 200.00 $0.00 Cellular Telephone & Data Plan 8 each/month Max $ 120.00 $960.00 Wireless Router/Server month Max $ 30.00 $0.00 Laptop Computer/IPad and data plan 8 each/month Max $ 200.00 $1600.00 Desktop & Microcomputer w/Plotter-each/month sheet Max $ 32.50 $0.00 Mobilization/Demobilization Laboratory each Max $ 2,000.00 $0.00 AASHTO Accreditation Aggregates Laboratory each Max $ 6,500.00 $0.00 AASHTO Accreditation Hot Mix Laboratory each Max $ 7,500.00 $0.00 AASHTO Accreditation Soil Laboratory each Max $ 6,500.00 $0.00 CCRL Accreditation each Max $ 11,000.00 $0.00 Equipment Calibration each Max $ 1,000.00 $0.00 Office Trailer Rental each Max $ 500.00 $0.00 GPS Receiver (rates applied to actual time GPS units are in use)hour Max $ 20.00 $0.00 SharePoint License Fee and Server each/month Max $ 800.00 $0.00 Personal Protective Equipment (hat, vest, gloves, boots, hearing prot., glasses & fall protection (Lanyards, Harnesses) one time only 4 per employee Max $ 500.00 $2000.00 Safety Lights for Leased/Owened Vehicle (One time only)each Max $ 1,000.00 $0.00 TOTAL OTHER DIRECT EXPENSES $ 12,005.00 Page 5 of 6 Exhibit D Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Sub Provider:HVJ Associates CSJ: Highway:Smith Ranch Road EXHIBIT D FEE SCHEDULE METHOD OF PAYMENT:SPECIFIED RATE TEST CODE QUANTITY UNIT RATE Cost Sieve Analysis of Fine and Coarse Aggregate TEX 401-A 16 each 65.00 1,040.00$ ASTM C 173 Hrly $ Air Content of Freshly mixed Concrete by the Pressure Method ASTM C 231 Hrly $ Slump of Hydraulic Cement Concrete ASTM C 143 Hrly $ Unit Weight, yield, and Air content of Concrete ASTM C 138 Hrly $ Making and Curing Concrete Test Specimens ASTM C 31 Hrly $ ASTM C 78 1 each 25.00 25.00$ Soils $ Tex-100-E Hrly $ Tex -101-E Hrly $ Determining Moisture Content in Soils Materials Tex-103-E 2 each 12.00 24.00$ Determining Liquid Limits of Soils Tex-104-E 8 each 35.00 280.00$ Determining Plastic Limit of Soils Tex-105-E 8 each 28.00 224.00$ Determining the Bar Linear Shrinkage of Soils Tex-107-E 3 each 60.00 180.00$ Determining the Specific Gravity of Soils Tex-108-E 1 each 45.00 45.00$ Particle Size Analysis of Soils Tex-110-E 1 each 50.00 50.00$ Tex-111-E 8 each 45.00 360.00$ Tex-113-E 6 each 200.00 1,200.00$ Tex-114-E 8 each 190.00 1,520.00$ Tex-115-E Hrly $ Tex-116-E 3 each 220.00 660.00$ Triaxial Compression for Disturbed Soils and Base Materials Tex-117-E 3 each 1,600.00 4,800.00$ Soil-Cement Testing Tex-120-E 1 each 350.00 350.00$ Soil-Lime Testing (4 points) (% lime determination)Tex-121-E 4 each 225.00 900.00$ Determining Soil pH Tex-128-E 1 each 28.00 28.00$ Measuring the Resistivity of Soil Materials Tex-129-E 1 each 75.00 75.00$ Slurry Testing Tex-130-E Hrly 0.00 $ Texas Cone Penetration Tex-132-E each 24.00 $ Measuring Thickness of Pavement Layer Tex-140-E Hrly $ Determining Sulfate Content in Soils-Colorimetric Method Tex-145-E 3 each 89.00 267.00$ Tex-126-E 2 each 1,400.00 2,800.00$ Tex-131-E 1 each 75.00 75.00$ Soil Organic Content Using UV-Vis Method Tex-148-E 3 each 89.00 267.00$ Standard Compaction Proctor D-698 1 each 190.00 190.00$ Modified Compaction Proctor D-1557 1 each 200.00 200.00$ Cement Content of Freshly Mixed CSS Mixture D-806 each 350.00 $ Comp. Strength of CSS Sample, Including Molding D-1632 & D1633 6 each 65.00 390.00$ Maximum & Minimum Density (Sands)D-4254 each 150.00 $ Bituminous Mixtures $ Sieve Analysis of Fine and Water Absorption of Aggregates Tex-200-F 2 each 60.00 120.00$ Bulk Specific Gravity and Water Absorption of Aggregates Tex-201-F 2 each 55.00 110.00$ Tex-202-F 2 each 55.00 110.00$ Sand Equivalent Test Tex-203-F 2 each 75.00 150.00$ Design of Bituminous Mixtures Tex-204-F 1 each 1,800.00 1,800.00$ Laboratory Method of Mixing Bituminous Tex-205-F Hrly $ Compacting Test Specimens of Bituminous Mixtures Tex-206-F 1 each 55.00 55.00$ Determining Density of Compacted Bituminous Mixtures Tex-207-F Hrly $ Test for Stabilometer Value of Bituminous Mixtures Tex-208-F 1 each 90.00 90.00$ Tex-210-F 1 each 165.00 165.00$ Theoretical Maximum Specific Gravity of Bituminous Mixtures Tex-227-F 1 each 80.00 80.00$ Tex-236-F 2 each 140.00 280.00$ Tex-217-F 1 each 80.00 80.00$ Sampling Bituminous Mixtures Tex-222-F Hrly $ Tex-241-F 1 each 120.00 120.00$ Aggregates & Concrete $ Sampling Stone, Gravel, Sand and Mineral Aggregates Tex-400-A Hrly $ Sieve Analysis of Fine and Coarse Aggregate Tex-401-A 4 each 65.00 260.00$ Fineness Modulus of Fine Aggregate Tex-402-A 3 each 55.00 165.00$ Tex-403-A 3 each 60.00 180.00$ Determining Unit Mass (Weight) of Aggregates Tex-404-A 3 each 60.00 180.00$ Determining Percent voids and solids in Aggregates Tex-405-A 3 each 22.00 66.00$ Tex-406-A 4 each 55.00 220.00$ Sampling Freshly Mixed Concrete ASTM C-172 Hrly $ Organic Impurities in Fine Aggregate for Concrete Tex-408-A 5 each 55.00 275.00$ Tex-409-A 2 each 40.00 80.00$ TEX410-A 8 each 175.00 1,400.00$ Tex-411-A 8 each 200.00 1,600.00$ Determining Deleterious Material in Mineral Aggregate Tex-413-A 3 each 70.00 210.00$ ASTM C-173 Hrly $ Slump of Portland Cement Concrete ASTM C-143 Hrly $ Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C-231 Hrly $ Unit Weight, Yield, and Air Content (Gravimetric) of Concrete ASTM C-138 Hrly $ Compressive Strength of Cylindrical Concrete Specimens TEX-418A 250 each 23.00 5,750.00$ Splitting Tensile Strength of Cylindrical Concrete Specimens Tex-421-A 1 each 42.00 42.00$ ASTM C-1064 Hrly $ Determining Pavement Thickness by Direct Measurement Tex-423-A Hrly $ Obtaining and Testing Drilled Cores of Concrete ASTM C-42 4 each 100.00 400.00$ Determining Compressive Strength of Grouts Tex-442-A 4 each 22.00 88.00$ Making and Curing Concrete Test Specimens ASTM C-31 Hrly $ ASTM C-78 1 each 30.00 30.00$ Capping Cylindrical Concrete Specimens ASTM C-617 0 Hrly $ Capping Cylindrical Concrete Specimens ASTM C-617 0 Hrly $ Determining Crushed Face Particle Count Tex-460-A 1 each 55.00 55.00$ Fine or Coarse Aggregate Angularity 1 each 25.00 25.00$ Flat and Elongated Particles 1 each 25.00 25.00$ 30,161.00$ Testing to be performed in the field by the technician,see specified Rate schedule for payment. Determining the Amount of Material in Soils Finer than the 75 m (No. 200) Sieve SERVICES TO BE PROVIDED Air Content of Freshly mixed Concrete by the Volumetric Method Flexural Strength of Concrete Using Simple Beam Third-Point Loading Surveying and Sampling Soils for Highways (TxPAV or NICET Certified Technician Time) Preparing Soil and Flexible Base Materials for Testing (TxPAV or NICET Certified Technician Time) Saturated Surface-Dry Specific Gravity and Absorption of Aggregates Laboratory Compaction Characteristics and Moisture-Density Relationship of Base Materials Laboratory Compaction Characteristics and Moisture-Density Relationship of Subgrade, Embankment Soils and Backfill Materials Field Method for Determining In-Place Density of Soils and Base Materials Ball Mill Method for Determining In-Place Density of Soils and Base Materials Molding, Testing, and Evaluating Bituminous Black Base Materials Consolidated Undrained Triaxial Compression Test for Undisturbed Soils (3 points) Apparent Specific Gravity of Material Finer Than No. 50 (300 µm) Sieve Determining Asphalt Content of Bituminous Mixtures by Extraction Determining Asphalt Content from Asphalt Paving Mixtures by the Ignition Method Determining Deleterious Material and Decantation Test for Coarse Aggregates Superpave Gyratory Compacting of Test Specimens of Bituminous Mixtures Total Flexural Strength of Concrete Using Simple Beam Third-Point Loading - Same test as line 56 above Materials Finer than No. 200 in miniral aggregates (Decantation test for concrete aggregates) Free Moisture and Water Absorption in Aggregate for Concrete Abrasion of Coarse Aggregate Using the Los Angeles Machine Soundness of Aggregate Using Sodium Sulfate or Magnesium Sulfate (5 cycles) Air Content of Freshly Mixed Concrete by the Volumetric Method Measuring Temperature of Freshly Mixed Portland Cement Concrete Page 6 of 6 Exhibit D Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 CONTRACT AMENDMENT 1 Require State and Federal Contract Provisions Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 3 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS §§ COUNTY OF HARRIS §§ THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Pearland, 3519 Liberty Drive, Pearland, Texas 77581, hereinafter called "City," and HDR Engineering, Inc. 4828 Loop Central Drive, Suite 800, Houston, TX 77081, hereinafter called "Engineer," for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and WHEREAS, the City desires to contract for engineering services generally described as construction Management & Construction Inspection Services for Smith Ranch Road Extension (CSJ: 0912-31-293); and, WHEREAS, the City has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Engineer do hereby mutually agree as follows. ARTICLE 1. SCOPE OF SERVICES. The City and the Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment B, Services to be provided by the City and Attachment C, Services to be Provided by the Engineer. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. ARTICLE 2. CONTRACT PERIOD. This contract becomes effective when fully executed by all parties, and it will terminate on completion of all obligations by all parties. Any work performed or cost incurred before or after the contract period will be ineligible for reimbursement. ARTICLE 3. COMPENSATION. A. Maximum Amount Payable. The maximum amount payable under this contract without modification is shown in Attachment E, Anticipated Maximum Fee. All payments are contingent on the availability of appropriated funds. B. Notice to Proceed. The Engineer may not begin work under this contract until authorized in writing by the City to proceed as provided in Attachment A, General Provision, Article 2, Notice to Proceed. 700 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 2 of 3 C. Basis of Payment. The basis of payment is identified in Attachment E, Anticipated Maximum Fee. Reimbursement of costs will be made in accordance with Attachment E, Anticipated Maximum Fee. D. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of Attachment C, Services to Be Provided by Engineer; (2) be in accordance with Attachment E, Anticipated Maximum Fee; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work will be maintained as a condition of payment. E. Engineer Payment of Subproviders. No later than ten (10) days after receiving payment from the City, the Engineer shall pay all subproviders for work performed under a subcontract authorized by this contract. The City may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The City may also suspend the work under this contract subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts. ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements. The Engineer may request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than 90 days after costs are incurred. B. Billing Statement. The billing statement will show the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement. The Engineer’s billing statement will indicate if the work has been completed or if the billing is for partial completion of the work at the cost set forth in Attachment E, Anticipated Maximum Fee. For cost plus fixed fee contracts, any portion of the fixed fee not previously paid will be included in the final payment unless the contract is terminated before the work is completed. In that case, the fixed fee will be paid in portion to the percentage of work completed. C. Overhead Rates. The Engineer will use the provisional overhead rate indicated in Attachment E, Anticipated Maximum Fee. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period. D. Thirty Day Payments. Upon receipt of a billing statement that complies with all requirements set forth in this Article, the City will make a good faith effort to pay the amount which is due and payable within thirty days. E. Withholding Payments. The City reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) If a dispute over the work or cost of the work is not resolved within the 30 day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or (5) the Texas Comptroller of Public Accounts will not issue a warrant to the Engineer. In the event that payment is withheld, the City will notify the Engineer and give a remedy that would allow the City to release the payment. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 3 of 3 F. Required Reports. (1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantage Business Enterprise or Historically Underutilized Business Program Requirements. (2) Prior to contract closeout, the Engineer shall submit a Final Report (Exhibit H-4) to the address set forth in Attachment H. (3) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the City to document the progress of the work. In addition, the Engineer will provide all required forms that the City will be required to submit to the Texas Department of Transportation for reimbursement. G. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the Engineer because of debt owed to the City, the City will apply all payment due the Engineer to the debt or delinquent tax unit the debt or delinquent tax is paid in full. H. Audit. The City auditor may conduct an audit or investigation of any entity receiving funds from the City directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City auditor to conduct an audit or investigation in connection with those funds. An entity that is subject of an audit or investigation must provide the City auditor with access to any information the City auditor considers relevant to the investigation or audit. ARTICLE 5. SIGNATORY WARRANTY. The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing the City to enter into this contract. ARTICLE 6. NOTICES. All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: City: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Engineer: HDR Engineering, Inc. 4828 Loop Central Drive Suite 800 Houston, TX 77081 Attn: Edwin Rydell, P.E. All notices will be deemed given on the date the notice is delivered or deposited in the mail, unless otherwise provided under this contract. A party to this contract may change the above address by sending written notice of the change to the other party. Either party may require that 700 Ngoc Kim Le, P.E. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 4 of 3 all notices be delivered personally or by certified U.S. mail by sending written notice of the requirement to the other party. ARTICLE 7. INCORPORATION OF PROVISIONS. Attachments A through G are attached to and incorporated into this contract. IN WITNESS WHEREOF, the Engineer and the City have executed these presents in duplicate counterparts. THE ENGINEER: __________________________________ Signature of Authorized Representative of the Firm __________________________________ Date CITY OF PEARLAND, TEXAS Executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs approved and authorized by the City. __________________________________ Trent Epperson, City Manager ____ ________________ Date ATTEST: _________________________________ Frances Aguilar, TRMC, MMC, City Secretary 05-16-24 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 1 Attachments to Contract for Engineering Services Attached and Incorporated into the Contract by Reference Attachments Title A General Provisions B Services to Be Provided by the City and State C Services to Be Provided by the Engineer D Anticipated Schedule E Anticipated Maximum Fee F Insurance for Designated Professional Service Contracts G Documents and Information Exchange H Disadvantage Business Enterprise (DBE) for Federal Funded Professional or Technical Services Contracts – See Attachment H Instructions H-1 Subprovider Monitoring System Commitment Agreement H-2 Subprovider Monitoring System Commitment Agreement H-3 Monthly Progress Assessment Report H-4 Subprovider Monitoring System Final Report H-5 Federal Subproviders and Supplier Information H-6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report I Debarment J Lower Tier Debarment K Lobbying Certifications L Contractor’s Assurance M Non-Collusion Statement N Certificate of Interested Parties O Disclosure of Certain Relationship P House Bill 89 Verification Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 1 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 Non-collusion 21 Insurances 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 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 11 Attachment A ATTACHMENT A GENERAL PROVISIONS ARTICLE 1. WORK SCHEDULE A.Work Schedule. The Engineer shall develop a work schedule, attached hereto and labeled Attachment D-2, 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 City. 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 extend, 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 in accordance with Attachment D-1. The Engineer shall not proceed with any work authorized in this contract until such notice is received. B.No Cost 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 the receipt of such notice are not eligible for reimbursement under the 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 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. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 2 of 11 Attachment A E. Corrective Action. Should the City determine that the progress of work does not satisfy the milestone schedule set forth in Attachment D-2, 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. I 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. Limitations 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 this 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.Limitations and 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 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 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 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. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 3 of 11 Attachment A 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 provided. A supplemental agreement will be executed to authorize such increases or decreases. B.Compensation. Additional compensation, if applicable, 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 the supplemental agreement within the contract period specified in Article 2 of the contract (Contract Period) ARTICLE 8. 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, any 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 the 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 the improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the City. 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. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 4 of 11 Attachment A 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 the 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 the 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. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract, or transfer any portion of professional services related to the work under this contract without prior written approval from the City. B.DBE/HUB Compliance. The Engineer’s subcontracting program shall comply with the requirements of Attachment H of the Contract (DBE/HUB Requirements). C. Required Provisions. All subcontracts for professional services shall include the provisions included in Attachment A, General Provisions, and any provisions required by law. The Engineer is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from the basis of payment by the City to the Engineer. D.Prior Review. Subcontracts for professional services in excess of $25,000 may be reviewed by the City prior to performance of work thereunder. E. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 12. INSPECTION OF WORK A. Review Rights. The City and the Texas Department of Transportation (TxDOT), 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 TxDOT representatives in the performance of their duties. ARTICLE 13. SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 5 of 11 Attachment A before a final report is issued. The City’s comments on the Engineer's preliminary report must be addressed in the final report. ARTICLE 14. VIOLATION OF CONTRACT TERMS A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the City arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. Causes. The contract may be terminated before the stated completion date by any of the following conditions. (1)By mutual agreement and consent, in writing from both parties. (2)By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3)By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4)By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty business days notice of termination in writing to the Engineer. (5)By the City, if the Engineer violates the provisions of Attachment A, General Provisions Article 22, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements. (6)By satisfactory completion of all services and obligations described herein. B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State 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 City shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 6 of 11 Attachment A 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. ARTICLE 16. COMPLIANCE WITH LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 17. INDEMNIFICATION A. Errors, Omissions, Negligent Acts. The Engineer shall save harmless the State and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. B. Attorney Fees. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 18. ENGINEER'S RESPONSIBILITY A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. B.Errors and Omissions. The Engineer’s Responsibility for all questions arising from design errors or omissions will be determined by the City and all decisions shall be in accordance with the City’s “Errors or Omissions Policy” in accordance with 43 Texas Administrative Code §9.389(f). The Engineer will not be relieved of the responsibility for subsequent correction of Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 7 of 11 Attachment A any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. C. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. D.Resealing of Documents. Once the work has been sealed and accepted by the City, the City, as the owner, will notify the party to this contract, in writing, of the possibility that a City engineer, as a second engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second engineer will affix his seal to any work altered, completed, corrected, revised or added. The second engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original engineer’s design. ARTICLE 19 NONCOLLUSION A. Warranty and Representation. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 20. INSURANCE The Engineer certifies that it has insurance on file with 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 21. 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 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 8 of 11 Attachment A Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the City. ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for 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 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. If needed for audit, original or independently certified copies of off-site records will be provided to auditors at Engineer’s expense within two (2) weeks of written request. 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 24. 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, 27 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. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 9 of 11 Attachment A (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: (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 Texas Department of Transportation 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 25. 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 26. COMPUTER GRAPHICS FILES The Engineer shall provide Computer Graphics Files as required by the State in accordance with Attachment G. ARTICLE 27. 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 and business entity named in this contract, bid, or application is not ineligible to receive the specific grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. ARTICLE 28. 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. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 10 of 11 Attachment A ARTICLE 29. SUCCESSORS AND ASSIGNS The Engineer and the City do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. Neither party shall assign, subcontract or transfer its interest in this contract without the prior written consent of the other party. ARTICLE 30. 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 31. 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 32. 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. ARTICLE 33. GOVERNING LAW This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without giving effect to its conflict of laws provision, and venue for resolution of disputes shall lie in Brazoria County, Texas. ARTICLE 34. PERTINENT NON-DISCRIMINATION AUTHORITIES This During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest agree to comply with the nondiscrimination statutes and authorities: including by not limited to: A.Title VI of the Civil Right Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B.The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal – aid programs and projects). C.Federal – Aid Highway Act of 1973, (23 U.S.C. § 324et seq.), as amended, (prohibits discrimination on the basis of age.) D.Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E.The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F.Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 11 of 11 Attachment A G.The Civil Right Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal – aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H.Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R parts 37 and 38. I.The Federal Aviation Administration’s Nondiscrimination statue (49 U.S.C. § 47123)(prohibits discrimination on the basis of race, color, national origin, and sex). J.Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K.Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L.Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discrimination because sex in education programs or activities (20 U.S.C. 1681 et seq.). Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without giving effect Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Engineering–Engineering__SpecDelwWA.doc Page 8 of 1 Attachment D-1 ATTACHMENT D WORK AUTHORIZATION D-1 WORK AUTHORIZATION NO. _1___ CONTRACT FOR ENGINEERING SERVICES THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Engineering Contract No. _2023-00001657____ (the Contract) entered into by and between the State of Texas, acting by and through the City of Pearland, and HDR Engineering, Inc. (the Engineer). PART I. The Engineer will perform engineering services generally described as Smith Ranch Road Expansion in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the State and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization. PART II. The maximum amount payable under this Work Authorization is $_$983,797.20____ and the method of payment is Specified Rate Basis as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer’s estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization. PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the contract, and Attachment A, Article 1. PART IV. This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on ___________, unless extended by a supplemental Work Authorization as provided in Attachment A, Article 1. PART V. This Work Authorization does not waive the parties' responsibilities and obligations provided under the Contract. IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. THE ENGINEER THE STATE OF TEXAS ______________________________ ______________________________ (Signature) (Signature) ______________________________ ______________________________ (Printed Name) (Printed Name) ______________________________ ______________________________ (Title) (Title) ______________________________ ______________________________ (Date) (Date) LIST OF EXHIBITS Exhibit A Services to be provided by the City Exhibit B Services to be provided by the Engineer Exhibit C Work Schedule Exhibit D Fee Schedule/Budget Exhibit H-2 Subprovider Monitoring System Commitment Agreement Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Engineering–Engineering__SpecDelwWA.doc Page 1 of 1 Attachment D-2 ATTACHMENT D D-2 SUPPLEMENTAL WORK AUTHORIZATION NO. ____ WORK AUTHORIZATION NO. ____ CONTRACT FOR ENGINEERING SERVICES THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 Contract No. __________________ hereinafter identified as the “Contract,” entered into by and between the State of Texas, acting by and through the City of Pearland, and HDR Engineering, Inc. (the Engineer). The following terms and conditions of Work Authorization No. ____ are hereby amended as follows: This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. ____ not hereby amended are to remain in full force and effect. IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below. THE ENGINEER CITY OF PEARLAND ______________________________ ______________________________ (Signature) (Signature) ______________________________ ______________________________ (Printed Name) (Printed Name) ______________________________ ______________________________ (Title) (Title) ______________________________ ______________________________ (Date) (Date) Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Engineering–Engineering__SpecDelwWA.doc Page 1 of 2 Attachment E ATTACHMENT E FEE SCHEDULE (Final Cost Proposal) This attachment provides the basis of payment and fee schedule. The basis of payment for this contract is indicated by an “X” in the applicable box. The basis shall be supported by the Final Cost Proposal (FCP) shown below. If more than one basis of payment is used, each one must be supported by a separate FCP. “X” Basis ____ Lump Sum The lump sum shall be equal to the maximum amount payable. The lump sum includes all direct and indirect costs and fixed fee. The Engineer shall be paid pro rata based on the percentage of work completed. For payment the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or other evidence of cost. ____ Unit Cost The unit cost(s) for each type of unit and number of units are shown in the FCP. The unit cost includes all direct and indirect costs and fixed fee. The Engineer shall be paid based on the type and number of units fully completed and the respective unit cost. For payment, the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or any other cost data. The FCP may include special items, such as equipment which are not included in the unit costs. Documentation of these special costs may be required. The maximum amount payable equals the total of all units times their respective unit cost plus any special direct items shown. _X__ Specified Rate Basis The specified rates for each type of labor are shown in the FCP below. The FCP may include special items, such as equipment which are not included in the specified rates. Payment shall be based on the actual hours worked multiplied by the specified rate for each type of labor plus other agreed to special direct cost items. The specified rate includes direct labor and indirect cost and fixed fee. The State may request documentation of reimbursable direct costs including hours worked. Documentation of special item costs may be required. The specified rate is not subject to audit. ___ Cost Plus Fixed Fee Payment shall be based on direct and indirect costs incurred plus a pro rata share of the fixed fee based on the ratio of labor and overhead cost incurred to total estimated labor and overhead cost in the FCP or the percentage of work completed. The invoice must itemize labor rates, hours worked, other direct costs and indirect costs. The Engineer may be required to provide documentation of hours worked and any eligible direct costs claimed. The provisional overhead rate charged is subject to audit and adjustment to actual rates incurred. The FCP below shows the hourly rates for labor, other direct expenses including but not limited to travel and allowable materials, provisional overhead rate and the fixed fee. __A. Actual Cost Plus Fixed Fee - Actual wages are paid (no minimum, no maximum. This option does not apply to Indefinite Deliverable Contracts.) __B. Range of Cost Plus Fixed Fee – Actual wages must be within the allowable range shown on the Final Cost Proposal. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Engineering–Engineering__SpecDelwWA.doc Page 2 of 2 Attachment E ATTACHMENT E – FEE SCHEDULE Final Cost Proposal (FCP) Supporting Basis of Payment * The MAXIMUM AMOUNT PAYABLE is $983,797.20. The maximum amount payable is based on the following data and calculations: * The maximum amount payable must be based on the contract scope. The work authorization fee schedules will be derived from this attachment. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Engineering–Engineering__SpecDelwWA.doc Page 1 of 1 Attachment F ATTACHMENT F Work Schedule Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 1 Exhibit H-6 ATTACHMENT G Computer Graphics Files for Document and Information Exchange Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 6 Attachment - H ATTACHMENT H Disadvantaged Business Enterprise (DBE) 1)PURPOSE. The purpose of this attachment is to carry out the U.S. Department of Transportation's (DOT) and the Texas Department of Transportation’s (TxDOT) policy of ensuring nondiscrimination in the award and administration of DOT and/or TxDOT assisted contracts and creating a level playing field on which firms owned and controlled by minority or socially and economically disadvantaged individuals can compete fairly for DOT and/or TxDOT assisted contracts. 2)POLICY. It is the policy of the City of Pearland (henceforth the "City") that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26, Subpart A and the City's Disadvantaged Business Enterprise Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal and/or State funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, and the City's Disadvantaged Business Enterprise Program, apply to this contract as follows. a.The Provider will offer Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, Subpart A and the City's Disadvantaged Business Enterprise Program, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal and/or State funds. In this regard, the Provider shall make a good faith effort to meet the Disadvantaged Business Enterprise goal for this contract. b.The Provider and any subprovider(s) shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Provider shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT and/or State assisted contracts. The requirements of this Special Provision shall be physically included in any subcontract. c.When submitting the contract for execution by the City, the Provider must complete and furnish Exhibit H-l which lists the commitments made to certified DBE subprovider(s) that are to meet the contract goal and Exhibit H-2 which is a commitment agreement(s) containing the original signatures of the Provider and the proposed DBE(s). For Work Authorization Contracts, Exhibit H-l is required at the time of submitting the contract for execution by the City. Exhibit H-2 will be required to be completed and attached with each work authorization number that is submitted for execution, if the DBE will be performing work. Any substitutions or changes to the DBE subcontract amount shall be subject to prior written approval by the City. If non-DBE subprovider is performing work, insert N/A (not applicable) on the line provided. d.Failure to carry out the requirements set forth above shall constitute a material breach of this contract and may result; in termination of the contract by the City; in a deduction of the amount of DBE goal not accomplished by DBEs from the money due or to become due to Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 2 of 6 Attachment - H the Provider, not as a penalty but as liquidated damages to the City; or such other remedy or remedies as the City deems appropriate. 3)DEFINITIONS. a."City" means Pearland, Texas b.“TxDOT” means Texas Department of Transportation (TxDOT). c."Federal/State-Aid Contract" is any contract between City of Pearland and a Provider which is paid for in whole or in part with U. S. Department of Transportation (DOT) financial assistance and/or TxDOT- financial assistance. d."Provider" is any individual or company that provides professional or technical services. e."DBE Joint Venture" means an association a DBE firm and one (1) or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks and profits of the joint venture are commensurate with its ownership interest. f."Disadvantaged Business Enterprise (DBE)" means a firm certified as such by TxDOT in accordance with 49 CFR Part 26. g."Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. h."Race-neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. 4)PERCENTAGE GOAL. The goal for Disadvantaged Business Enterprise (DBE) participation in the work to be performed under this contract is 7.5 % of the contract amount. 5)PROVIDER'S RESPONSIBILITIES. A DBE prime may receive credit toward the DBE goal for work performed by his-her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non- DBE, that information must be reported to the City. a.A Provider who cannot meet the contract goal, in whole or in part, shall document the "Good Faith Efforts" taken to obtain DBE participation. The following is a list of the types of actions that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. (1)Soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. (2)Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 3 of 6 Attachment - H breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Provider might otherwise prefer to perform the work items with its own forces. (3)Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. (4)Negotiating in good faith with interested DBEs by making a portion of the work available to DBE subproviders and suppliers and selecting those portions of the work or material needs consistent with the available DBE subproviders and suppliers. (5)The ability or desire of the Provider to perform the work of a contract with its own organization does not relieve the Provider's responsibility to make a good faith effort. Additional costs involved in finding and using DBEs is not in itself sufficient reason for a Provider's failure to meet the contract DBE goal, as long as such costs are reasonable. Providers are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (6)Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. (7)Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Provider. (8)Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services. (9)Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. (10)If the City determines that the Provider has failed to meet the good faith effort requirements, the Provider will be given an opportunity for reconsideration by the Brazoria County Engineer.NOTE: The Provider must not cause or allow subproviders to bid their services. b.The preceding information shall be submitted directly to the Chair of the Consultant Selection Team responsible for the project. c.The Provider shall make all reasonable efforts to honor commitments to DBE subproviders named in the commitment submitted under Section 2.c. of this attachment. Where the Provider terminates or removes a DBE subprovider named in the initial commitment, the Provider must demonstrate on a case-by-case basis to the satisfaction of the City that the originally designated DBE was not able or willing to perform. d.The Provider shall make a good faith effort to replace a DBE subprovider that is unable or unwilling to perform successfully with another DBE, to the extent needed to meet the contract goal. The Provider shall submit a completed Exhibit H-2 Form for the substitute firm(s). Any substitution of DBEs shall be subject to prior written approval by the City. The City may request a statement from the firm being replaced concerning its Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 4 of 6 Attachment - H replacement prior to approving the substitution. e.The Provider shall designate a DBE liaison officer who will administer the DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. f. Providers are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 6)ELIGIBILITY OF DBEs. a.TxDOT certifies the eligibility of DBEs, DBE joint ventures and DBE truck-owner operators to perform DBE subcontract work on DOT and/or TxDOT financially assisted contracts. b.This certification will be accomplished through the use of the appropriate certification schedule contained in the City's DBE program. c.TxDOT publishes a Directory of Disadvantaged Business Enterprises containing the names of firms that have been certified to be eligible to participate as DBEs on DOT and/or TxDOT financially assisted contracts. The directory is available from TxDOT's Business Opportunity Programs Office. The Texas Unified Certification Program DBE Directory can be found on the Internet at:http://vvww.dot.state.tx.us/services/business opportunity programs/luep dbe directorv.htm . d.Only DBE firms certified at the time the contract is signed or at the time the commitments are submitted are eligible to be used in the information furnished by the Provider as required under Section 2.c. and 5.d. above. For purposes of the DBE goal on this contract, DBEs will only be allowed to perform work in the categories of work for which they were certified. 7)DETERMINATION OF DBE PARTICIPATION. A firm must be an eligible DBE and perform a professional or technical function relating to the project. Once a firm is determined to be an eligible DBE, the total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subprovider is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. A DBE subprovider may subcontract no more than 70% of a federal aid contract. The DBE subprovider shall perform not less than 30% of the value of the contract work with assistance of employees employed and paid directly by the DBE; and equipment owned or rented directly by the DBE. DBE subproviders must perform a commercially useful function required in the contract in order for payments to be credited toward meeting the contract goal. A DBE performs a commercially useful function when it is responsible for executing the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. When a DBE is presumed not to be performing a commercially useful function, the DBE Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 5 of 6 Attachment - H may present evidence to rebut this presumption. A Provider may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. Proof of payment, such as copies of canceled checks, properly identifying the City's contract number or project number may be required to substantiate the payment, as deemed necessary by the City. 8)RECORDS AND REPORTS. a.After submission of the initial commitment reported (Exhibit H- 1), required by Section 2.c. of this attachment, the Provider shall submit Monthly Progress Assessment Reports (Exhibit H-3), after contract work begins, on DBE involvement to meet the goal and for race-neutral participation. One copy of each report is to be sent to the City's Engineering Department monthly, in addition one copy is to be submitted with the Provider's invoice. Only actual payments made to subproviders are to be reported. These reports will be required until all subprovider activity is completed. The City may v erify the amounts being reported as paid to DBEs by requesting copies of canceled checks paid to DBEs on a random basis. b.DBE subproviders should be identified on the report by name, type of work being performed, the amount of actual payment made to each during the billing period, cumulative payment amount and percentage of the total contract amount. These reports will be due within fifteen (15)days after the end of a calendar month. Reports are required even when no DBE activity has occurred in a billing period. c.All such records must be retained for a period of four (4) years following final payment or until any investigation, audit, examination, or other review undertaken during the four (4) years is completed, and shall be available at reasonable times and places for inspection by authorized representatives of the City, TxDOT or DOT. d.Prior to receiving final payment, the Provider shall submit a Final Report (Exhibit H-4), detailing the DBE payments. The Final Report is to be sent to the City's Engineering Department and one (1) copy to be submitted with the Provider's final invoice. If the DBE goal requirement is not met, documentation of the good faith efforts made to meet the goal must be submitted with the Final Report. 9)COMPLIANCE OF PROVIDER. To ensure that DBE requirements of this DOT- and/or TxDOT-assisted contract are complied with, the City will monitor the Provider's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of Monthly Progress Assessment Reports (Exhibit H-3), submitted to the City's Engineering & Public Works Department by the Provider indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted by the City. The Monthly Progress Assessment Report (Exhibit H-3) must be submitted at a minimum monthly to the Business Opportunity Programs Office, in addition to with each invoice to the appropriate agency contact. Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 6 of 6 Attachment - H The Provider shall receive credit toward the DBE goal based on actual payments to the DBE subproviders with the following exceptions and only if the arrangement is consistent with standard industry practice. The Provider shall contact the City if he/she withholds or reduces payment to any DBE subprovider. (1)DBE firm is paid but does not assume contractual responsibility for performing the service; (2)A DBE firm does not perform a commercially useful function; (3)Payment is made to a DBE that cannot be linked by an invoice or canceled check to the contract under which credit is claimed; (4)Payment is made to a broker or a firm with a brokering-type operation; (5)Partial credit is allowed, in the amount of the fee or commission provided the fee or commission does not exceed that customarily allowed for similar services, for a bona fide service, such as professional, technical, consultant, or managerial services, and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of the contract. A Provider's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the City reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Provider, not as a penalty but as liquidated damages to the City; or such other remedy or remedies as the City deems appropriate. Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-1 EXHIBIT H-1 City of Pearland, Texas Subprovider Monitoring System Commitment Worksheet Contract #: 2023- Assigned Goal: 7.5 % Federally Funded X State Funded ____ Prime Provider: Total Contract Amount: Prime Provider Info: DBE ____ HUB_____ Both______ Vendor ID #: ________________ DBE/HUB Expiration Date: N/A (First 11 Digits Only) If no subproviders are used on this contract, please indicate by placing "N/A " on the Ist line under Subproviders. Subprovider(s) (List All) Type of Work Vendor ID# D=DBE Expiration H=HUB Date $ Amount or % of Work* Construction Materials Testing D H Subprovider(s) Contract or % of Work* Totals *For Work Authorization Contracts, indicate the % of work to be performed by each subprovider. Total DBE or HUB Commitment Dollars $ ______________ Total DBE or HUB Commitment Percentages of Contract ______% (Commitment Dollars and Percentages are for Subproviders only) Contract No. 2023-00001657 HDR Engineering, Inc.$983,797.20 ________________________________________________________________________________________________________ HVJ Associates, Inc.17601464104 8/16/2025 12% 12% 14706805687 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-2 EXHIBIT H-2 City of Pearland, Texas Subprovider Monitoring System Commitment Agreement This commitment agreement is subject to the award and receipt of a signed contract from City of Pearland (City). NOTE: Exhibit H-2 is required to be attached to each contract that does not include work authorizations. Exhibit H-2 is required to be attached with each work authorization. Exhibit H-2 is also required to be attached to each supplemental work authorization. If DBE/HUB Subproviders are used, the form must be completed and signed. If no DBE/HUB Subproviders are used, indicate with "N/A " on this line ____________and attach with the work authorization or supplemental work authorization. Contract #: ________________ Assigned Goal: ________ % Prime Provider: __________________________________ Work Authorization (WA)#: _________ WA Amount: ____________________ Date: __________ Supplemental Work Authorization (SWA) U: _____ to WA #: _________ SWA Amount: _____________ Revised WA Amount: Description of Work (List by category of work or task description. Attach additional pages necessary.) Dollar Amount (For each category of work or task description shown.) Total Commitment Amount (Including all additional pages.) $ IMPORTANT: The signatures of the prime and the DBE/HUB and Second Tier Subprovider, if any (both DBE and Non-DBE) and the total commitment amount must always be on the same page. Provider Name: Address: Name: (Please Print) Phone # & Fax #: Title: Email: Signature Date DBE/HUB Sub Provider Subprovider Name: (Please Print) VID Number: Title: Address: Phone # & Fax #: Email: Signature Date Second Tier Sub Provider Subprovider Name: (Please Print) VID Number: Title: Address: Phone #& Fax #: Email: Signature Date VID Number is the Vendor Identification Number issued by the Comptroller. If a firm does not have a VID Number, please enter the owner's Social Security or their Federal Employee Identification Number (if incorporated). Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-3 EXHIBIT H-3 City of Pearland Texas Subprovider Monitoring System for TxDOT and Federally Funded Contracts Progress Assessment Report for month of (Mo. /Yr.) __________________ / _______ Contract #: _________________ __________ Original Contract Amount:_____________ Date of Execution: ________________________ Approved Supplemental Agreements: _____ ______________ Prime Provider: __________________________ Total Contract Amount:______________ Work Authorization No. Work Authorization Amount: If no subproviders are used on this contract, please indicate by placing "N/A” on the 1st line under Subproviders. DBE All Subproviders Category of Work Total Subprovider Amount % Total Contract Amount Amount Paid This Period Amount Paid To Date Subcontract Balance Remaining Fill out Progress Assessment Report with each estimate/invoice submitted, for all subcontracts, and forward as follows: 1 Copy with Invoice – City of Pearland, Texas I hereby certify that the above is a true and correct statement of the amounts paid to the firms listed above. ___________________________________________ ________________________ ___________ __________ Print Name Company Official / DBE Liaison Officer Signature Phone Date ____________________________________________________ __________________________ Email Fax Contract No.2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-4 Exhibit H-4 City of Pearland, Texas Subprovider Monitoring System Final Report The Final Report Form should be filled out by the Prime Provider and submitted to the City of Pearland Project Manager for review upon completion of the contract. The report should reflect all subcontract activity on the project. The report will aid in expediting the final estimate for payment. If the HUB or DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. DBE Goal: __________% OR HUB Goal:___________% Total Contact Amount:$_______________ Total Contract Amount: $____________ Contract Number: ______________________________ Vendor ID # Subprovider Total $ Amt. Paid to Date TOTAL This is to certify that, ______% of the work was completed by the HUB or DBE subproviders as stated above. __________________________________ By: Prime Provider __________________________________ Per: Signature Subscribed and sworn to before me, this _____day of __________, 20___. ____________________________________ Notary Public ___________County My Commission expires: _____________________________ Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-5 EXHIBIT H-5 Federal/State Subprovider and Supplier Information The Provider shall indicate below the name, address and phone number of all successful and unsuccessful subproviders and/or suppliers that provided proposals/quotes for this contract prior to execution. You may reproduce this form if additional space is needed. Name Address Phone Number The information must be provided and returned with the contract. _________________________ _____________ Signature Date ___________________________ ________________________ ____________ Printed Name Email Phone Number Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Page 1 of 1 Exhibit H-6 EXHIBIT H-6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report This form must be completed and submitted to the contracting agency each month to document compliance Contract / Requisition Number: __________ Date of Award: ________ Object Code: _________ (mm/dd/yyyy) (Agency Use Only) Contracting Agency:_______________________________ Contractor (Company) Name: _________________________________ State of Texas VID#__________________ Point of Contact: ______________________________ Phone #: ___________________ Reporting (Month) Period: _______________ Total Amount Paid this Reporting Period to Contractor: $_________ Report HUB and Non – HUB Subcontractor Information Subcontractor’s Name Subcontractor’s VID or HUB Certificate Number Texas Certified HUB? (Yes or No) Total Contractors $ Amount from HSP with Subcontractor Total $ Amount Paid This Reporting Period to Subcontractor Total contract $ Amount Paid to Date to Subcontractor Object Code (Agency Use Only) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL : $ $ $ Signature ______________________ Title ___________________ Date______________________ *Note: HUB certification status can be verified on–line at : http://www2.cpa.state.tx.us/cmbl/hubonly.html Contract No. 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 RFSQ 21-49Contract: 2023-00001657Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 RFSQ 21-49Contract: 2023-00001657Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 RFSQ 21-49Contract: 2023-00001657Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 RFSQ 21-49Contract: 2023-00001657Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No. 2023-00001657 Page 1 of 1 Attachment M ATTACHMENT M NON – COLLUSION STATEMENT General. The submission of a non-collusion statement protects the integrity of the Federal – aid highway program by serving as a deterrent to bid rigging activities. The certification also becomes evidence in prosecuting cases involving construction contract bid rigging. A non- collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result in the bid being considered as non-responsive and ineligible for award consideration. The LG must include provisions in the bidding proposals that require all bidders to include a non – collusion statement with their bid. The FHWA, in consultation with U.S. Department of Justice (USDOJ), has concluded that the non –collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States, or sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the State. All non-collusion certifications shall be retained by the LG in accordance with the retention policy of 49 CRF 18.42. These certification could serve as important evidence tin the even that collusion or bid rigging is discovered at a later date. If for any reason,a person feels that fraud has occurred, they should contact the nearest USDOT office of Inspector General (OIG) Office. The OIG maintains a fraud hotline at 1-800-409-9926 or http://oig.state.gov/hotline/. This may be based on a suspicion or actual evidence of fraud, waste and abuse in any project funded by FHWA. NON – COLLUSION AFFIDAVIT THE STATE OF TEXAS OWNER ________________ Before me, the undersigned authority, on this day personally appeared _______________________who being by me duly worn upon oath says: that he is duly qualified and authorized to make this affidavit for and on behalf of _____________(“Contractor”), of and is fully cognizant of the fact herein set out: that Contractor has not either directly or indirectly, entered into any agreement with OWNER in any collusion: or otherwise taken any action in restraint of free completive bidding in connection with the contractor for the above referenced project. __________________________ Name, Title Sworn to and subscribed before me by the said _____________, this _____ day of __________, 20____, to certify which witness my hand and seal of office. ____________________________ Notary Public in and for State of ________________________________ Printed Name____________________________ My Commission Expires____________________ Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No._____________ Page 1 of 3 Attachment N ATTACHMENT N CERTIFICATE OF INTERESTED PARTIES Effective January 1, 2016, all contracts and contract amendments, extension, or renewals executed by the Commissioners’ Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code §2252.0908. Form 1295 must be completed by awarded vendor at time of signed contract submittal. The Texas Ethics Commission has a video which explains the process on how to submit Form 1295. The video link is available at https://www.ethics.state.tx.us/filinginfo/1295/. This MUST be completed when signed contract is submitted to City of Pearland City Secretary's Office, 3519 Liberty Dr., Pearland, TX 77581. RFSQ 21-49Contract: 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No._____________ Page 2 of 3 Attachment N TEXAS ETHICS COMMISSION RULES CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES § 46.1. Application (a)This chapter applies to section 2252.908 of the Government Code (b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31, 2015, that meets either of the following conditions: (1) the contract requires an action or vote by the governing body of the entity or agency; or (2) The value of the contract is at least $1 million. (c)A contract does not require an action or vote by the governing body of a governmental entity or state agency if: (1) the governing body has legal authority to delegate to its staff the authority to execute the contract (2) The governing body has delegated to its staff the authority to execute the contract; and (3) The governing body does not participate in the selection of the business entity with which the contract is entered into. § 46.3. Definitions (a) “Contract” means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and includes an amended, extended, or renewed contract. (b) “Business entit y” includes an entity through which business is conducted with a governmental entity or state agenc y, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (c)“Controlling interest“ means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries. (d) “Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary. (e) “Intermediary,” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: (1) receives compensation from the business entity for the person’s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity or of an entity with a controlling interest in the business entity. (f) “Signed” includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an electronic signature. RFSQ 21-49Contract: 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No._____________ Page 3 of 3 Attachment N (g) "Value" of a contract is based on the amount of consideration received or to be received by the business entity from the governmental entity or state agency under the contract. § 46.4. Changes to Contracts (new rule effective January 1, 2017) (a)Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change order, or extension of a contract, except as provided by subsections (b) or (c) of this section. (b) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if a disclosure of interested parties form was not filed for the existing contract; and either: (1) the changed contract requires an action or vote by the governing body of the entity or agency; or (2) the value of the changed contract is at least $1 million. (c)Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if the business entity submitted a disclosure of interested parties form to the governmental entity or state agency that is a party to the existing contract; and either: (1) there is a change to the disclosure of interested parties; or (2) the changed contract requires an action or vote by the governing body of the entity or agency; or (3) the value of the changed contract is at least $1 million greater than the value of the existing contract. § 46.5. Disclosure of Interested Parties Form (a)A disclosure of interested parties form required by section 2252.908 of the Government Code must be filed on an electronic form prescribed by the commission that contains the following: (1) The name of the business entity filing the form and the city, state, and country of the business entity’s place of business; (2) The name of the governmental entity or state agency that is a party to the contract for which the form is being filed; (3) The name of each interested party and the city, state, and country of the place of business of each interested party; (4) The identification number used by the governmental entity or state agency to track or identify the contract for which the form is being filed and a short description of the services, goods, or other property used by the governmental entity or state agency provided under the contract; and (5) An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the contract for which the disclosure is being filed, or both. (b) The certification of filing and the completed disclosure of interested parties form generated by the commission’s electronic filing application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed. (c)A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the commission, in an electronic format prescribed by the commission, of the receipt of those documents not later than the 30th day after the date the governmental entity or state agency receives the disclosure. (d) The commission shall make each disclosure of interested parties form filed with the commission under section 2252.908(f) of the Government Code available to the public on the commission’s Internet website not later than the seventh business day after the date the commission receives the notice required under subsection (c) of this section. RFSQ 21-49Contract: 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No.__________ Page 1 of 1 Attachment O ATTACHMENT O DISCLOSURE OF CERTAIN RELATIONSHIP Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local governmental entity. By law, this questionnaire must be completed and filed with the records administrator of the City no later than the seventh business day after the date the person engages or communicates with the City or becomes aware of facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006. A person commits an offense if the person knowingly violations Texas Local Government Code section 176.006. An offense under this section is a Class C misdemeanor. A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available at: http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM Texas Local Government Code Chapter 176 can be found here: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm Questionnaire Form CIQ is included in this bid/offer By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local Government Code chapter 176. If required, completed forms should be sent to: City of Pearland City Secretary's Office 3519 Liberty Dr. Pearland, TX 77581 RFSQ 21-49Contract: 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Contract No.___________ Page 1 of 1 Attachment P ATTACHMENT P House Bill 89 VERIFICATION We, _____________________________________ (Company name), verify that we do not boycott Israel and will not boycott Israel during the term of this contract under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: Pursuant to Section 2270.001, Texas Government Code: 1.“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; and 2.“Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ______________________ _________________________________________ Date Signature of Company Representative _________________________________________ Printed Name _________________________________________ Title RFSQ 21-49Contract: 2023-00001657 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56