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R-2013-119-2013-07-22 RESOLUTION NO. R2013-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FITE ROAD PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering services associated with the Fite Road 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 engineering services associated with the Fite Road Project. PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2013. .------- cirrt) TR.SA-1 TOM REID MAYOR ATTEST: CI SE t ' TARY /'1 ' ` s APPROVED AS TO FORM: ""`u"" Z2,.._IT C5--(..„----, DARRIN M. COKER CITY ATTORNEY Resolution No. R2013-119 Exhibit"A" CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS §§ COUNTY OF HARRIS §§ THIS CONTRACT FOR ENGINEERING SERVICES is made by and between City of Pearland, 3519 Liberty Drive, Pearland, Texas 77581, hereinafter called "City," and Cobb, Fendley & Associates 13430 Northwest Freeway, Suite 1100, Houston, TX 77040, 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 Fite Road from McLean Road to Veterans Drive; 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 upon 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, 1 Notice to Proceed. 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 10 days after receiving payment from the City, the Engineer will 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 until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts. ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements. The Engineer 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 proportion 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 that 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 2 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 any event that payment is withheld, the City will notify the Engineer and give a remedy that would allow the City to release the payment. F. Required Reports. The Engineer will submit a separate report with each billing statement showing the percent 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 City. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the Engineer because of a debt owed to the City, the City will apply all payment due the Engineer to the debt or delinquent tax until the debt or delinquent tax is paid in full. 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 will 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: Cobb, Fendley&Associates, Inc. 13430 Northwest Freeway Suite 1100 Houston,TX 77040 Attn: Charles Eastland, 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 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. 3 IN WITNESS WHEREOF,the Engineer and the City have executed these presents in duplicate counterparts. j ' zLNGINE R: nature o Autho ' Representative of the Firm /Z. /3 Date CITY OF PEARLAND,TEXAS Executed for the purpose and effect of activating and/or carrying out the orders, establishe• s ol;;•s ork programs approved and authorized by the City. Bill Eisen, City Manager August 12, 2013 Date ATTEST: i;�,, • Yo Lorfing ,City e etary `" 4 Attachments to Contract for Engineering Services Attached and Incorporated into the Contract by Reference Attachment Name of Attachment A General Provisions 13 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 Document and Information Exchange H Overview Map 5 ATTACHMENT A GENERAL PROVISIONS INDEX TO PROVISIONS Article Title 1 Work Schedule 2 Notice to Proceed 3 Progress 4 Suspension of Work 5 Additional Work 6 Changes in Work 7 Supplemental Agreements 8 Ownership of Data 9 Public Information 10 Personnel, Equipment and Material 11 Not Applicable 12 Subcontracting 13 Inspection of Work 14 Submission of Reports 15 Violation of Contract Terms 16 Termination 17 Compliance with Laws 18 Indemnification 19 Engineer's Responsibility 20 Noncollusion 21 Insurance 22 Gratuities 23 DBE/HUB Requirements 24 Maintenance, Retention and Audit of Records 25 Not Applicable 26 Civil Rights Compliance 27 Patent Rights 28 Computer Graphics Files 29 Child Support Statement 30 Disputes 31 Successors and Assigns 32 Severability 33 Prior Contracts Superseded 34 Conflict of Interest 6 ATTACHMENT A GENERAL PROVISIONS ARTICLE 1. WORK SCHEDULE A. Work Schedule. The Engineer shall develop a work schedule, attached hereto and labeled Attachment D, Work Schedule, showing how the scope of services under this contract shall be accomplished within the contract period and at the agreed upon cost. B. Changes to Work Schedule. If at any time during the contract period the Engineer determines that the authorized services cannot be completed before the end of the contract period as specified in Article 2 of the contract (Contract Period), the Engineer shall immediately notify the 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 be extended, the Engineer must complete the work within the original contract period. ARTICLE 2. NOTICE TO PROCEED A. Written Notice. The City shall issue a written notice to the Engineer authorizing work to begin. The Engineer shall not proceed with any work authorized in this contract until such notice is received. B. No Costs Incurred. The Engineer shall not undertake work or incur costs under this contract until the written notice to proceed is issued. Any costs incurred by the Engineer prior to receipt of such notice are not eligible for reimbursement under this contract. ARTICLE 3. PROGRESS A. Progress meetings. The Engineer shall from time to time during the progress of the work confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary or as may be requested by the City in order to evaluate features of the work. B. Conferences. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. C. Inspections. If federal funds are used to reimburse costs incurred under this contract, the work and all reimbursements will be subject to periodic review by the U. S. Department of Transportation. D. Reports. The Engineer shall promptly advise the City in writing of events that have a significant impact upon the progress of the work, including: I. 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 7 established time periods; this disclosure will be accompanied by statement of the action taken or contemplated, and any State or federal assistance needed to resolve the situation; and 2. favorable developments or events that enable meeting the work schedule goals sooner than anticipated. E. Corrective Action. Should the City determine that the progress of work does not satisfy the milestone schedule set forth in Attachment D, Work Schedule, the City shall review the work schedule with the Engineer to determine the nature of corrective action needed. ARTICLE 4. SUSPENSION OF WORK A. Notice. Should the City desire to suspend the work but not terminate the contract, the City may verbally notify the Engineer followed by written confirmation, giving thirty (30) days notice. Both parties may waive the thirty-day notice in writing. B. Reinstatement. The work may be reinstated and resumed in full force and effect within sixty (60) business days of receipt of written notice from the City to resume the work. Both parties may waive the sixty-day notice in writing. C. Contract Period Not Affected. If the City suspends the work, the contract period as determined in Article 2 of the contract (Contract Period) is not affected, and the contract will terminate on the date specified unless the contract is amended to authorize additional time. D. Limitation of Liability. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or after the completion date of the contract. ARTICLE 5. ADDITIONAL WORK A. Notice. If the Engineer is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the City in writing, presenting the facts and showing how the work constitutes additional work. B. Supplemental Agreement. If the City finds that the work does constitute additional work, the City shall so advise the Engineer and a written supplemental agreement will be executed as provided in Article 7, Supplemental Agreements, of these General Provisions. If performance of the additional work will cause the maximum amount payable under the contract to be exceeded, the Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution of a supplemental agreement. C. Limitation of Liability. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with or prior to the execution of a supplemental agreement. ARTICLE 6. CHANGES IN WORK A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in accordance with the terms of this contract but the City requests changes to the completed work or 8 parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer shall make such revisions as requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 5, Additional Work. B. Work Does Not Comply with Contract. If the Engineer submits work that does not comply with the terms of this contract, the City shall instruct the Engineer to make such revisions as are necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this contract, which are necessary to correct errors or omissions appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 7. SUPPLEMENTAL AGREEMENTS A. Need. The terms of this contract may be modified if the City determines that there has been an increase or decrease in the duration, scope, or character of the services to be performed. A supplemental agreement will be executed to authorize such increases or decreases. B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the contract (Compensation). The parties may reevaluate and renegotiate costs at this time. C. When to Execute. Both parties must execute a supplemental agreement within the contract period specified in Article 2 of the contract(Contract Period). ARTICLE 8. CITY OWNERSHIP OF DATA A. Work for Hire. All services provided under this contract are considered work for hire and as such all data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the property of the City. B. Disposition of Documents. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon request by the City. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this contract, but further use of the data is subject to permission by the City. C. Release of Design Plan. The Engineer(1) will not release any roadway design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the City's ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the City. 9 ARTICLE 9. PUBLIC INFORMATION The City will comply with Government Code, Chapter 552, the Public Information Act, and 43 Texas Administrative Code §3.10 et seq. in the release of information produced under this contract. ARTICLE 10. PERSONNEL,EQUIPMENT AND MATERIAL A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance of all services, in addition to providing adequate and sufficient personnel and equipment to perform the services required under the contract. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or it will be able to obtain such personnel from sources other than the City. B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The City may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the City, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work. C. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as possible, but no later than three business days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal. D. City Approval of Replacement Personnel. The Engineer may not replace the project manager or key personnel without prior consent of the City. The City must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the City determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the City within forty-five(45)days. ARTICLE 11. NOT APPLICABLE ARTICLE 12. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract, or transfer any portion of professional services related to the work under this contract without prior written approval from the City. B. HUB Compliance. The Engineer's subcontracting program shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 20 percent of the value of this contract to Historically Underutilized Businesses. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code, and will comply with them. C. Required Provisions. All subcontracts for professional services shall include the provisions 10 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 shall 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 13. INSPECTION OF WORK A. Review Rights. The City and the U. S. Department of Transportation, when federal funds are involved, and any of their authorized representatives shall have the right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in which it is being performed. B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or federal representatives in the performance of their duties. ARTICLE 14. SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before a final report is issued. The City's comments on the Engineer's preliminary report must be addressed in the final report. ARTICLE 15. VIOLATION OF CONTRACT TERMS A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the City arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 16. TERMINATION A. Causes. The contract may be terminated before the stated completion date by any of the following conditions. (1) By mutual agreement and consent, in writing from both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty business days notice of termination in writing to the Engineer. (5) By the City, if the Engineer violates the provisions of Attachment A, General 11 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 City terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days. C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City terminates this contract for fault on the part of the Engineer, the City will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the City of the work performed. D. Calculation of Payments. The State shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead percentage rate during the years in which work was performed shall be used to calculate partial payments. Any portion of the fixed fee not previously paid in the partial payments shall not be included in the final payment. E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish the rights, duties, and obligations of the City and the Engineer under this contract, except for those provisions that establish responsibilities that extend beyond the contract period. G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion, and the Engineer shall be liable to the City for any additional cost to the 12 City. ARTICLE 17. COMPLIANCE WITH LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 18. INDEMNIFICATION A. Errors, Omissions, Negligent Acts. The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. B. Attorney Fees. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 19. ENGINEER'S RESPONSIBILITY A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. B. Errors and Omissions. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City and all decisions shall be in accordance with the City's "Errors or Omissions Policy" in accordance with 43 Texas Administrative Code §9.38(f). The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. C. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. D.Resealing of Documents Once the work has been sealed and accepted by the City, the City, as the owner, will notify the party to this contract, in writing, of the possibility that a City engineer, as a second engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second engineer will affix his seal to any work altered, completed, corrected, revised or added. The second engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original engineer's design. 13 ARTICLE 20. NONCOLLUSION A. Warranty. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 21. INSURANCE The Engineer certifies that it has insurance on file with the City in the amount specified in Attachment F. No other proof of insurance is acceptable to the City. The Engineer certifies that it will keep current insurance on file with that office for the duration of the contract period. If insurance lapses during the contract period, the Engineer must stop work until a new certificate of insurance is provided. ARTICLE 22. GRATUITIES A. Employees Not to Benefit. The City policy mandates that employees of the City shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the City under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the Mayor. B. Liability. Any person doing business with or who reasonably speaking may do business with the City under this contract may not make any offer of benefits, gifts or favors to department employees, except as mentioned above. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS/MINORITY AND WOMEN BUSINESS ENTERPRISE COMPLIANCE The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at least 15 percent of the value of this contract to Disadvantaged Business Enterprises. The Engineer shall apprise themselves of the requirements for good faith efforts as found in the aforementioned code, and will comply with them. ARTICLE 24. MAINTENANCE,RETENTION AND AUDIT OF RECORDS A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for four years from the date of final payment under this contract, until completion of 14 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. C. Examination. The City shall require the Engineer to make the Records available for the purpose of checking the amount of work performed by the Engineer at the time of contract termination or for other reasons of its own, not subject to agreement by the Engineer. ARTICLE 25. NOT APPLICABLE ARTICLE 26. CIVIL RIGHTS COMPLIANCE (1) Compliance with Regulations: The Engineer shall comply with the regulations of the Department of Transportation, Title 49, Code of Federal Regulations, Parts 21, 24, 26 and 60 as they relate to nondiscrimination; also Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375. (2) Nondiscrimination: The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the City, the Texas Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City, the Texas Department of Transportation or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the City, the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine 15 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 City to enter into such litigation to protect the interests of the City; and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 27. PATENT RIGHTS The City and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract. ARTICLE 28. COMPUTER GRAPHICS FILES The Engineer shall provide Computer Graphics Files as required by the State. ARTICLE 29. CHILD SUPPORT STATEMENT The Engineer certifies that it has a child support statement on file with the Contract Services Office of the Texas Department of Transportation. The Engineer is responsible for keeping the child support statement current and on file with that office for the duration of the contract period. The Engineer further certifies that the child support statement on file contains the child support information for the individuals or business entities named in this contract. Under Section 231.006, Family Code, the Engineer certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. ARTICLE 30. DISPUTES A. Disputes Not Related to Contract Services. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the services authorized herein. B. Disputes Concerning Work or Cost. Any dispute concerning the work hereunder or additional costs, or any non-procurement issues shall be settled in accordance with 43 Texas Administrative Code §201.1. 16 ARTICLE 31. SUCCESSORS AND ASSIGNS The Engineer and the City do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the City. ARTICLE 32. SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 33. PRIOR CONTRACTS SUPERSEDED This contract constitutes the sole agreement of the parties hereto for the services authorized herein and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 34. CONFLICT OF INTEREST The undersigned represents that its firm has no conflict of interest that would in any way interfere with its or its employees' performance of services for the department or which in any way conflicts with the interests of the department. The firm shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the department's interests. 17 ATTACHMENT"B" SERVICES TO BE PROVIDED BY THE CITY Highway: Fite Road Limits: From McLean Road 2500 feet to Veteran's Drive Station to Station CSJ: 0912-31-272 Contract No.: 12- The City will furnish to the Engineer the following items: 1. Roadway design requirements. 2. Available horizontal control points. 3. Available benchmark elevations and descriptions for vertical control. 4. If available, the data on file concerning: a. Existing facilities construction documents and "as-builts". 5. Available interface data for any projects adjacent to, crossing, and/or within limits. 6. Available existing traffic counts and design year traffic projections necessary to develop the traffic control plans. 7. Right-of-way maps, if available. 8. Assistance will be provided to the Engineer to obtain the required data and information from other local, regional, State and federal agencies. 9. Timely review and decisions necessary for the Engineer to maintain the contracted project schedule. 10. The City will provide the Comprehensive Drainage Impact Study(including the HEC-1 and HEC-2, if desired), and drainage and flood control impact evaluation material, preliminary drainage engineering information related to the Engineer's focus area for design, if available. 11. Project technical and administrative standards and procedures. 12. Design criteria for roadway, structures, drainage, and hydraulics. 13. Traffic Accident Data necessary for any design exceptions or waivers. 14. Provide all necessary standard forms and conveyance instruments 15. Provide final approval for all appraisals 16. Cost of preliminary title commitment and title insurance for all parcels acquired 1 07/11/13 Contract#: ATTACHMENT "C" SERVICES TO BE PROVIDED BY THE ENGINEER Highway: Fite Rd Limits: From McLean Road 2500 feet to Veterans Drive Station to Station CSJ: 0912-31-272 The work to be performed by the Engineer under this contract consists of providing engineering services required for the preparation of Plans, Specifications and Estimates (PS&E) for approximately 0.47 miles of Fite Road in the City of Pearland. The construction will consist of a 4 lane undivided urban roadway. This construction will take place within the alignment of existing right of way with a 4 lane undivided street to connect to McLean Road and provide for extension of Fite to Veterans Drive. The existing traffic capacity on Fite, McLean and Veterans must be maintained at all times during construction of the new facility, with any exceptions to be approved by the City. The Engineer shall prepare plans, details and compute quantities to include roadway design, grading, paving, sidewalks, shared use path and pedestrian ramps, drainage, traffic signals, signing, pavement markings, illumination, traffic control plans, storm water pollution prevention plans, specifications, design and construction schedules and cost estimates. The Engineer shall collect, review and evaluate the available existing data pertaining to the project and prepare the Plans, Specifications in combination with the City's standard bid documents as modified for Local Let projects and Estimates (PS&E) in accordance with the requirements and policies of the State specifically for"local let" projects. The Engineer shall be responsible for identifying and delineating temporary construction easements in areas outside the City's Right of Way (ROW). The Engineer shall secure the necessary legal instruments per TxDoT and Federal Environmental requirements pertaining to the acquisition of properties for inclusion in public rights of way. The Engineer shall identify, prepare exhibits and complete all necessary forms for Design Exceptions and/or Waivers within project limits prior to the 30% Submittal. These exceptions shall be provided to the City and State for coordination and processing of approvals. If subsequent changes require additional exceptions, the Engineer shall notify the City and State as soon as possible after identification. It shall be the responsibility of the Engineer to secure right of entry to private property for the purpose of performing any surveying and/or soil boring activities. In pursuance of the City's and State's policy with the general public, the Engineer shall not commit acts which will result in damages to private property and the Engineer will make every effort to comply with the wishes and address the concerns of private property owners. The Engineer shall perform their work in accordance with the State's Utility Accommodation Policy, and the Houston District's The TxDOT Utility Cooperative Management Process. The Engineer shall prepare drawings early in the design phase (30%) to be used as exhibits in utility agreements. 2 07/11/13 Contract#: The exhibits shall be prepared using English units. The Engineer shall show existing utilities, including those in conflict with construction on this project. The Engineer shall prepare plans to avoid or minimize utility adjustments, where feasible. The Engineer shall implement The TxDOT Utility Cooperative Management Process and is responsible for sending out notices, with copies of exhibits and plans, including all milestone submittals. The Engineer shall convene and provide an agenda for a Utility Coordination meeting including representatives of the Utilities, both public and private, as well as the City, District and State. The purpose of the meeting shall be to notify the Utililtes of the project and the changes to the right of way as well as those to the roadway, drainage, sidewalks and bridge(s) and to convey the schedule for the acquisition of such new right of way as may be required and the planned date for the completion of movements of utilities as may be required by the project. The Engineer shall compile, maintain and update a Utility Conflict List to include phone log and all correspondence to the utility owners. The Engineer shall provide the most current copy of the conflict list to the City and State at each milestone submittal, and shall be responsible for coordination with utility companies to resolve conflicts. The Utility Conflict List shall identify the owner of the facility, the contact person (with address and telephone number), location of conflict (station and offset), type of facility, expected clearance date, status, effect on construction and type of adjustment necessary. After identifying all conflicting utilities, and in coordination with the City's and State's Project Manager, the Engineer shall arrange for(send plans and invitations in a timely manner) and attend utility meetings with all utility owners and other interested parties or agencies that are identified to be within the proposed project's area. This meeting will be held at the Houston District office. The purpose of this meeting is to ensure that all utility owners and area entities are aware of the scope and relevant details of the proposed project. The Engineer shall be responsible for writing and documenting the meeting minutes and other follow-up work with utility owners, if necessary. The information obtained at each utility meeting shall be included as part of the milestone submittals. The Engineer shall determine prior to 30 percent milestone submittal if Subsurface Utility Engineering (SUE) will be required for this project. If SUE work is required, the Engineer will specify what information is to be obtained and exactly where (horizontally and vertically) the City will provide these services. The Engineer shall make every effort to prevent detours and utility relocations from extending beyond the proposed right of way lines. If it is necessary to obtain additional right of way, permanent or temporary easements and /or right of entry, the Engineer shall notify the City in writing of the need and justification for such action. The Engineer shall identify and coordinate with all utility companies for relocations required. The Engineer shall prepare any exhibits necessary for Utility and drainage district approvals, and other governmental/regulatory agencies, specific to the project. These exhibits shall be signed by representatives of each involved Utility. The Engineer shall review and implement the findings of the environmental document study, to the PS&E. Additionally, the Engineer shall include 11" x 17" copies of the Environmental Permits to be inserted into the final PS&E, if applicable. 3 07/11/13 Contract#: It is necessary to identify and address asbestos issues early in the project development to minimize construction scheduling impacts and project costs. The Engineer shall advise the City's Project Manager to request a testing and assessment be done. Any applicable project specific maintenance agreements provided by the City should be inserted by the Engineer into the final PS&E. The Engineer shall coordinate through the City's and State's Project Manager for the development of the PS&E with any local entity having jurisdiction or interest in the project (e.g. drainage district, county, municipal utility district, etc.) The Engineer shall provide traffic counts, prepare Traffic Signal Warrant Studies and traffic signal plans, if applicable, for the following locations: Fite Road @ McLean Road Fite Road @ Veterans Drive The Engineer shall prepare Traffic Control Plans (TCP) in coordination with the City and State. The TCP shall include preliminary sequencing and interim signing for every phase of construction. This is to include regulatory, warning, construction, route, and guide signs. The Engineer shall complete Form 2229-Significant Project Procedures as a requirement for all PS&E submittals in addition to Page 4 of Form 1002, specifically titled Accelerated Construction Procedures. The Engineer shall interface and coordinate phases of work, including the TCP, with adjacent Engineers, which are responsible for the preparation of the PS&E for adjacent projects. The Engineer shall maintain continuous access to private abutters during all phases of the TCP. The Engineer shall develop an inventory of all abutters along its alignment. The Engineer shall prepare exhibits for and attend meetings with the public, as requested by the State and scheduled by the City. The Engineer shall be responsible to coordinate with the City's Project Manager to schedule a Traffic Control Workshop with the City and State and submittal of the TCP for approval by the Traffic Control Approval Team (TCAT). The Engineer will provide the Comprehensive Drainage Impact Study(including the HEC-1, HEC-2 and HEC-RAS, if desired), and drainage and flood control impact evaluation material, preliminary drainage engineering information related to the Engineer's focus area of design for approval by the City, Brazoria County Drainage District No. 4, and the State. The Engineer will provide available Federal Emergency Management Agency (FEMA) flood insurance study maps and studies. The Engineer shall design all conventional storm drainage and cross drainage systems. When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic grade line throughout the whole system, within the project limits, for the design frequency(ies) and make necessary system adjustments. Engineer shall use City's drainage design criteria, including frequencies, C factors and times The City will assess the effects of such changes on the 4 07/11/13 Contract#: comprehensive drainage studies. Should there be adjacent projects under design, the Engineer shall coordinate with the City and designers of adjacent projects such that all proposed drainage systems accommodate the proposed construction phasing plan. The Engineer shall develop a temporary drainage plan to coincide with the proposed construction staging of the Engineer's project and phasing of adjacent projects. Temporary drainage (size, elevation) shall be shown in plan view on the TCP sheets. The Engineer shall prepare Storm Water Pollution Prevention Plans (SW3P), including details and pay quantities. The Engineer shall complete and file the Notice of Intent. The preliminary and final construction cost estimate for the proposed improvements shall be prepared by the Engineer utilizing the Houston District's 12 month average unit prices. The Engineer shall not move forward with performing detailed PS&E (60%, 90% and final submittals) until the City approves the 30% milestone submittal. Engineer shall provide not less than two weeks review time in the schedule for plan reviews by the City. These may coincide with TxDoT reviews The PS&E shall be complete and organized in accordance with Stand alone Manual Notice 00-1 entitled "Organization of Plan Sheets" and as identified by the latest edition of the Consultant Contract Administration's "Guidelines for Milestone Submittals". The PS&E package shall be suitable for the bidding and awarding of a construction contract, and in accordance with the latest City and State's policies and procedures, and the Houston District's PS&E Checklist. The Engineer shall use CADD to fully develop all drawings. The CADD drawings developed shall be compatible with the State using Microstation version 08.05.02.35. The computer graphics files furnished must comply with Attachment "G" of this contract, entitled TxDOT Document and Information Exchange. The Engineer shall provide earthwork cross-section data files in a GEOPAK format as an evolving electronic data file and the latest version of the Houston District's PS&E checklist at each milestone submittal. The City's cross section criteria files should be used to generate design cross sections. New criteria files should only be developed in the absence of applicable existing State criteria files. Once the project goes to letting all electronic files shall be delivered within 30 days of written request in conformance with the State's Document and Information Exchange (Attachment "G"). The PS&E shall be developed in English units using the 2004 specifications and provisions. The final plan sheets shall be 4 mil white opaque or 4 mil-double matte standard mylars, size 11" x 17", signed, sealed and dated by a Professional Engineer registered in the State of Texas. The plans shall be noted as copyrighted with the State's logo. The Engineer shall select all white opaque OR all double matte standard mylars and not both to be used throughout the plan set. PS&E for the above work shall be prepared in accordance with the applicable requirements of the State's Specifications, Standards and Manuals (latest revision). Whenever possible, City's and State's standard drawings, standard specifications, or previously approved special provisions and/or special specifications shall be used. If a special provision or a special specification must be developed or modified for this project, it shall be in the State's format and, to the extent possible, incorporate references to approved State test procedures. Any specifications developed by the 5 07/11/13 Contract#: Engineer shall be submitted to the City and State for approval prior to inclusion in the PS&E. The Engineer shall sign, seal, and date all project specific modifications to standard drawings. In the event that Federal or State funds become available for the construction project the following provisions will apply: The Engineer shall receive limited access to the State's DCIS (CONENG AND CONEST)to update responsible engineer information, sign, seal and date, build specification list and develop Project estimate. As shown on the table below, the Engineer shall access and update DCIS with the following function codes. DCIS U•date Screens I Required Criteria for Access 'DCIS Function Code S01-Responsible Engineer Consultant Registered CONENG Update Professional Engineer(PE) S03-Sealing, Signing & Dating PO4-Project Estimate 003-Build Specifications PO4-Project Estimate Consultant does not have to be CONEST 003-Build Specifications a PE The State will require the Engineer to sign forms 1828, Information Security Compliance Agreement; 1980, Request for External Access to TxDOT Information Systems, 2110;Information Resources Confidentiality Agreement, and DR-IRI Information Access Request Form. These access rights will be revoked after the project is let. The Engineer shall make submittals, as defined by the milestones in Attachment "D" of the contract, and in accordance with the latest State's policies and procedures. The submittals shall consist of fifteen (15) 11"x17" paper sets 12 to TxDoT & 3 to City. . Each milestone submittal shall contain electronic files developed in Microstation V8 (08.05.02.35) in accordance with Attachment G of the contract for the work accomplished to date and GeoPak 2004 (version 08.05.02.37). The Engineer shall reply to each comment either within the plan set or by separate cover letter. The Engineer shall make all agreed upon changes to the submitted documents before the next scheduled submittal. The Engineer shall invoice monthly according to Function Code breakdowns shown in Attachment "C"-Work Outline and rates as described in Attachment "E" - Fee Schedule of the contract as well as and in accordance with the format provided at the Kick-off meeting and shall include Form 132 ver 04/10. This invoice package shall include a completed Form 132 ver 04/10, a schedule of values weighted by individual task per function code, an updated design schedule showing baseline schedule and the progress bar beneath it, a written progress report, a Projected vs. Actual Contract Invoices by Month form, an original of Exhibit H-6 and a bar chart indicating the percentage of completion of each task shown in Exhibit D of the work authorization. The written progress report shall describe activities during the reporting period; activities planned for the following period; problems encountered and actions taken to remedy them; list of meetings attended; and overall status, including a percent complete by task. The Engineer shall submit 6 07/11/13 Contract#: monthly written progress report to the City and State's Project Managers regardless of whether the Engineer is invoicing for that month. The Engineer shall implement the Contract Reporting Procedures for the Historically Underutilized Business (HUB) Program as described in a memorandum dated October 1, 2008 from Mr. Edward Serna, a copy of which to be provided at the kick-off meeting. The Engineer must send their invoice package to: City of Pearland Attn: Projects Department 3519 Liberty Drive Pearland, TX 77581 Once the project goes to letting all electronic files shall be delivered within 30 days of written request in conformance with the State's Document and Information Exchange document (Attachment G of the contract). Final payment will be made upon the City and State's receipt of the electronic files in CD format containing the Geopak files, cross sections, plans (to include all design files, WinStorm, etc.) and the confirmation that these files are fully operational and are located on the appropriate levels. The Engineer shall meet with the City and State's Project Manager to report on progress on at least a monthly basis. After each meeting with the City and any other meeting, the Engineer shall prepare meeting minutes, solicit and incorporate participants' comments, distribute the minutes, submit a memorandum summarizing the events, including an ACTION ITEM LIST, within five (5) working days of the meeting. The Engineer shall incorporate into the project PS&E package, additional plans, specifications and quantities developed by others. The Engineer shall insert the package, number sheets, and update the Index of Sheets and provide a construction cost estimate of the plans developed by others. Costs for this work, if any, shall be reimbursed under a supplemental agreement. The Engineer shall prepare a design time schedule using the latest version of Primavera (city uses Microsoft Project) or SureTrak software. If Suretrak software is used, the Engineer shall set up the new project using the Concentric (P3) type option. The design time schedule shall indicate tasks, subtasks, critical dates, milestones, deliverables, review requirements in a format that depicts the interdependence of the various items and shall be updated monthly and submitted with the invoice. The Engineer shall provide assistance to State personnel in interpreting the schedule. Milestone submittals shall be at 30%, 60 %, 90% and final. If the Engineer cannot meet the scheduled milestone review date they are to advise the City in writing. The Engineer shall prepare a construction time determination, using the latest version of Primavera software in accordance with the State's Administrative Circular No. 17-93 be submitted one month prior to the 90% milestone submittal. The Engineer shall provide assistance to State personnel in interpreting the schedules. In addition to scheduling software set forth above, reports and/or spreadsheets prepared in connection with these services shall be in the Microsoft (MS) Office XP software. The Engineer shall be required to maintain compatible versions to the State's software packages. 7 07/11/13 Contract#: The project's engineering work will be inspected by the City, by way of progress submittals, and by the State and the Federal Highway Administration in the offices of the Engineer, except for the field work which shall be performed on-site, and the sub-consultant work which will be contained in submittals to the City and may be performed by the State in the office of the sub-consultant. After notice to proceed is given in writing, the PS&E for the work outlined above shall be completed and submitted to the City and the State within the negotiated contract period per the identified milestones in the schedule. Submittal sets shall be made in such quantities and frequency as the State requires. All documents submitted to the City and State shall be accompanied by a letter of transmittal which shall include, but need not be limited to, the roadway name, project limits, county, the State's CSJ, and contract number and the FPAA Number if available at the time of submittal. The Engineer shall designate one Texas Registered Professional Engineer to be responsible throughout the project for project management and all communications, including billing, with the City and State. See Invoicing requirements above. The Engineer shall prepare and execute contracts with sub-consultants, monitor sub-consultant activities (staff and schedule), and review and recommend approval of sub-consultant invoices. Once sub-consultant contracts are executed, the Engineer is to provide copies of each sub- consultant contract to the City and the State or as required by the State. Any subsequent amendment to the Engineer's contract with the City or supplemental agreement requiring services to be performed by a sub-consultant will require an amendment to the sub-consultant contract as well. The Engineer shall implement their Quality Assurance/Quality Control program prior to submitting plans to the City for each of the milestones. Additionally, the Engineer shall provide evidence of their internal review process to be submitted at each milestone. A milestone submittal is not considered complete unless the required milestone documents are submitted and associated internal red-line mark-ups are submitted. This information will not be reviewed nor checked by the City and State but instead serves as documentation that the Engineer has performed an internal review of their own work and that of their sub-providers. This request for documentation of the internal review process is not to be considered as additional work but rather it is a routine order of business. The Engineer shall submit all quantity take-off calculations as evidence that a quality control review has taken place at the 90%, 95 % and final milestone submittals. The City and State will spot check at random for accuracy. This request for quantity take-off calculations is not to be considered as additional work. The Engineer shall meet with the City and State monthly or as needed to discuss progress of work and resolve any questions of design during the PS&E preparation. An evaluation of the Engineer's performance, professionalism, quality of plan preparation and fee proposal spreadsheets for work described, etc. will be performed by the State. Detailed description of work by Function Code: 8 07/11/13 Contract#: ROUTE AND DESIGN STUDIES A. Data Collection. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the City in writing whenever the Engineer finds disagreement with the information or documents: 1. Data, if available, from the City or State, including "as-built plans", existing schematics, right-of-way maps, SUE mapping, existing cross sections, existing planimetric mapping, environmental documents, existing channel and drainage easement data, existing traffic counts, accident data, Bridge Inspection records, PMIS data, identified endangered species, identified hazardous material sites, current unit bid price information, current special provisions, special specifications, and standard drawings. 2. Documents for existing and proposed development along proposed route from local municipalities and local ordinances related to project development. 3. Utility plans and documents from appropriate municipalities and agencies. 4. Readily available flood plain information and studies from the Federal Emergency Management Agency (FEMA), the U. S. Army Corps of Engineers, local municipalities and other governmental agencies in addition to that provided by the City and State. B. Field Reconnaissance. The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer's office) of notable existing features. C. Design Concept Conference. The Engineer, in cooperation with the City and State, shall schedule, plan, attend and document a Design Concept Conference (DCC)to be held prior to the 30 percent milestone submittal. Personnel from the City and State's Houston District will participate. The conference will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on: 1. Roadway and drainage design parameters 2. Engineering and environmental constraints 3. Project development schedule 4. Other issues as identified by the City and State 5. Identify any Design Exceptions and/or waivers, if applicable 6. Preliminary Construction Cost Estimate D. Roadway and Hydraulic Design Criteria. The Engineer shall design the project according to the latest City of Pearland, Brazoria County Drainage District No. 4, and State's design criteria. The Engineer shall supply project specific design criteria (typical sections, estimate, design exceptions, etc.) to be inserted into the Design Elements form and submitted electronically for discussion at the DCC. E. Preliminary Cost Estimate. The Engineer shall prepare a preliminary construction cost estimate using Houston District's 12 month average unit rates for discussion at the DCC. 9 07/11/13 Contract#: F. Geotechnical Borings and Investigations. The Engineer shall determine the location of proposed soil borings for storm sewer and traffic signals in accordance with the latest edition of the TxDOT Geotechnical Manual. The City and State will review and provide comments for a boring layout submitted by the Engineer showing the general location and depths of the proposed borings. Once the Engineer receives the City's review comments they shall perform soil borings (field work), soil testing and prepare the boring logs in accordance with the latest edition of the TxDOT Geotechnical Manual and Houston District's procedures and design guidelines. 1. All geotechnical work should be performed in accordance with the latest version of the TxDOT Geotechnical Manual. All testing shall be performed in accordance with the latest version of the TxDOT Manual of Test Procedures. ASTM test procedures can be used only in the absence of TxDOT procedures. All soil classification should be done in accordance with the Unified Soil Classification System. 2. The Engineer shall perform soil borings, piezometric readings (24-hour and 30-day), testing and analysis to include foundation design recommendations for traffic signals and geotechnical recommendations for the design and construction of storm sewer. 3. The Engineer shall provide a signed, sealed and dated geotechnical report which contains but is not limited to soil boring locations, boring logs, laboratory test results, generalized subsurface conditions, ground water conditions, piezometer data, analyses and recommendations for construction of storm sewer and foundations for traffic signals. 4. The Engineer shall provide pavement design recommendations for concrete pavement in accordance with the City of Pearland's standards for Major Thoroughfares. These standards shall be specifically discussed and approved by the State in the DCC meeting 5. It will be the responsibility of the Engineer to sign, seal and date soil boring mylar sheets to be used in the PS&E package. The preparation of soil boring mylar sheets is to be in accordance with Houston District standards. 6. The Engineer shall coordinate with the City and State to determine the location of soil borings to be drilled along the storm sewer alignments and proposed traffic signal locations. The soil borings will include two (2) 30-foot borings, two (2) 20-foot borings and one (1) 35-foot boring for a total of 135 feet of drilling. Spacing of soil borings shall not exceed 500 feet. The Engineer shall provide a boring layout for the City and State's review and comment. One piezometer will be installed in the 35-foot boring location. The piezometer will be abandoned after 30-day water level reading. 7. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the Geotechnical Engineer. The soil boring sheets shall be in accordance with TxDOT WINCORE software as can be found on the Texas Department of Transportation website. 10 07/11/13 Contract#: SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT A. Environmental Document The services to be provided by the Engineer include preparation of a Categorical Exclusion (CE) document and public involvement. The limits of the CE may be extended to FM 518 (Broadway Street)for logical termini purposes. The CE will be prepared in accordance with the Texas Department of Transportation's(TxDOT) Standards of Uniformity(SOU)for Categorical Exclusions dated March 15, 2011. All work on the project shall conform to the applicable requirements of TxDOT and the Federal Highway Administration (FHWA). All work to be performed shall be subject to review and approval by the City of Pearland, TxDOT and FHWA. The work required is described below according to each task to be performed. Task 1 — Data Collection The Engineer shall collect and review available data pertaining to this project and the project area. The Engineer shall gather information for the existing conditions such as existing facility and roadway network, land use and demographics. a) General Data Collection The Engineer shall collect, review and evaluate available and appropriate data pertaining to the project area, including but not limited to, land use maps, aerial photography as available, demographic maps, census information, historical and archeological site listings, Potential Archeological Liability Map (PALM), digital orthophoto quadrangle maps, national wetland inventory maps, floodplain maps, Brazoria County Soil Survey, hazardous materials database information, traffic data for existing year and proposed design year, proposed letting schedule, accident data, design study report, drainage report, and any other pertinent information related to this proposed project. b) Noise Analysis Data Collection The Engineer shall obtain the existing and proposed traffic volumes with K-factor, distributional split, and percentage of cars, medium trucks and heavy trucks, existing ROW files, existing and proposed roadway geometry, existing and proposed Digital Terrain Model (DTM)files in order to conduct a noise analysis for the proposed project. Task 2—Right-of-Entry Letters The Engineer shall prepare and send Right-of-Entry (ROE) letters to those property owners where additional ROW is needed in order to perform the environmental onsite investigations. Task 3—Agency Coordination Letters TxDOT will coordinate with Texas Parks and Wildlife Department and Texas Historical Commission. The Engineer shall send coordination letter to USACE and provide TxDOT with the appropriate information for submittal to TPWD and THC. 11 07/11/13 Contract#: Task 4— Project Scope for Environmental Review Documents The Engineer shall complete the Project Scope for Environmental Review Documents and attend up to four meetings with TxDOT regarding this checklist. This task shall include revising the checklist per four sets of comments from TxDOT. Task 5—Alternatives Analysis The Engineer shall prepare an alternatives analysis of a Build and No-Build scenario with two (2) build alternatives at the McLean intersection. Preliminary alternatives shall be mapped using existing information including aerial mapping or Digital Orthophoto Quarter Quads (DOQQ's), United States Geological Survey (USGS) mapping, and digital elevation models from Texas Natural Resource Information Service (TNRIS). Existing data to be obtained and used in the alternatives analysis include data collected under Task 1, accident data (if available) and property ownership information from the Brazoria County Appraisal District. The alternatives analysis will consider the following: hazardous materials, National Wetlands Inventory (NWI) wetlands, cultural resources, floodplains, residences, businesses, utilities, and threatened and endangered species habitats. In addition, the 2010 Census data shall be collected pertaining to population, ethnicity, income levels, and Limited English Proficiency (LEP) down to the lowest level available (census, block, group) for the three alternatives. This data shall be used to evaluate and assess any differentiable impacts to minority, low income, and LEP populations from the alternatives. The Alternatives Analysis section of the CE shall be prepared to document the data sources, methodology, and potential impacts for each alternative. An evaluation of the feasible alternatives shall be performed using the following criteria: • Need and Purpose for the Project • Costs • Impacts to environmental resources The alternatives shall be evaluated at an equal level of detail and a preferred build alternative will be selected and carried forward for detailed analysis in the CE along with the no-build alternative. Only the one preferred alternative will be carried forward for detailed analyses in the CE. Task 6— Noise Analysis The noise analysis shall include existing and predicted noise levels for the entire length of the preferred alternative. Existing and predicted noise levels would be modeled using FHWA Traffic Noise Model (TNM) 2.5. This work shall include modeling each lane as a separate roadway in accordance with the current version of TxDOT's "Guidelines for Analysis and Abatement of Roadway Traffic Noise" dated April 2011 and Standards of Uniformity (SOU) for Traffic Noise Analysis dated September 2011. The noise analysis shall be documented in a separate technical report. The technical report shall summarize the noise analysis, identifying noise sensitive receivers and anticipated noise levels that shall approach, equal or exceed the FHWA Noise Abatement Criteria or would result in a substantial noise increase. Exhibits and tables shall be prepared to explain the results, identifying noise modeling locations and changes in noise levels. 12 07/11/13 Contract#: Deliverables: Noise Technical Report(3 hard copies plus electronic copy) Task 7— Mobile Source Air Toxics Analysis Since the existing traffic volumes and the projected design year traffic volumes do not exceed 140,000 vehicles per day, this project is not likely to meaningfully increase Mobile Source Air Toxics (MSAT) emissions. Therefore, a quantitative MSAT analysis shall not be conducted but a qualitative MSAT analysis shall be conducted and the results documented in the CE in accordance with TxDOT's 2006 Air Quality Guidelines, Air Quality Guidelines MSAT addendum dated October 3, 2011, Air Quality SOU dated August 31, 2011, and Air Quality Standard Operating Procedure dated September 1, 2011. Task 8—Air Quality Analysis Since the existing traffic volumes and the projected design year traffic volumes do not exceed 140,000 vehicles per day, a Traffic Air Quality Analysis shall not be required. Standard recommended template language per TxDOT's Air Quality SOU shall be used in the CE. Task 9—Indirect and Cumulative Impact Analyses (ICI) ICI is not included in this scope/fee estimate, as the project is not located adjacent to undeveloped properties. Task 10—Cultural Resources Project Coordination Requests Non-Archeological Historic Resources Prepare a Non-Archeological Historic Resources Project Coordination Request (October 2009 version)for review and comment by TxDOT-ENV. Archeological Resources Review the existing files held by the Texas Archeological Research Laboratory (TARL) and the Texas Historical Commission (THC) to determine if any previously recorded sites or archeological surveys occur within or near the proposed project area. The location of any previously recorded sites and surveys will be plotted onto USGS 7.5-minute topographic maps for use in the compliance coordination process. Archeologists will also consult the NRCS soil survey maps for Brazoria County, PALM, relevant aerial photography, historical maps, land use maps, and the Geologic Atlas of Texas in order to assess the likelihood for unrecorded archeological resources and make recommendations regarding the need for further field surveys. The results of this effort will be integrated into background study report that will meet TxDOT's Standards of Uniformity (SOUs) for Archeological Background Studies, and then submitted to TxDOT for review and concurrence with recommendations. *Research Design, Historic Resources Survey, and Survey Report If required by TxDOT, prepare a research design for review and comment by TxDOT-ENV. The research design shall conform to TxDOT Research Design SOU: Non-Archeological Historic-Age Resource Research Designs Review Checklist(October 2009 version). Perform a reconnaissance survey conforming to the methodology outlined in Appendix B of the Draft CRM Guide for Accurately Identifying Non-Archeological Cultural Resources (Texas 13 07/11/13 Contract#: Department of Transportation, April 2006). The survey shall document each historic-age resource (defined by TxDOT as a building, structure, object, historic district or non-archeological site at least 45 years old at the time of letting) within the Study Area. The Study Area shall consist of the Area of Potential Effects (APE) plus all parcels that are wholly or partially within the APE. Provide a report detailing the results and findings of the reconnaissance survey including effects to historic properties and the need, if any, to conduct intensive survey efforts. The report shall have sufficient detail and clarity to provide THC with the basis for making determinations of National Register of Historic Places (NRHP) eligibility or shall have sufficient detail and clarity to make recommendations concerning the scope of the intensive survey. The report shall conform to the TxDOT Standards of Submission for Non-Archeological Historic-Age Resource Reconnaissance Survey Reports Review Checklist(October 2009 version). *Antiquities Permit Application, Field Survey, and Survey Report If required by TxDOT, conduct an archeological survey of the proposed APE. Prepare an application for a Texas Antiquities permit for an archeological survey of the area of potential effect (APE) which will be submitted to the City of Pearland, TxDOT and the THC for approval. Upon issuance of the permit, conduct the archeological field survey to include pedestrian inspection and shovel testing. Archeologists will excavate shovel tests as appropriate, throughout the APE to characterize the soils, potential disturbances, and determine whether archeological resources are present and, if so, assess those resources. Shovel testing will meet or exceed the Council of Texas Archeologists minimum standards for surveys in Texas. It is assumed that backhoe trenching would not be necessary to complete the archeological survey. Sites (if any) will be recorded with TARL. The results of the survey will be included in a professional report which makes recommendations with respect to archeological resources. The report will be submitted to TxDOT for review and concurrence with the findings. Upon receiving concurrence from TxDOT-ENV, prepare final report copies. It is assumed that this project would be a no-collect survey; therefore artifact curation at TARL would not be required. It is assumed that ground disturbances associated with expansion would be less than three feet in depth, except where the project would cross jurisdictional waters of the U.S. and new bridge structures or culverts would be constructed. This scope does not include formal National Register eligibility testing of archeological sites or mitigation of adverse effect through data recovery or other means. If required, these services would be performed at additional cost. Task 11 —Socioeconomic and Environmental Justice The 2010 Census data collected under Task 1 will be used for population, ethnicity, income levels, and Limited English Proficiency (LEP) down to the lowest level available (census, block, group). This data shall be used to evaluate and assess any impacts to minority, low income, and LEP populations. The Engineer shall also prepare a baseline inventory consisting of existing community conditions in order to address social effects on the project area encompassing any effects on neighborhoods and communities, including travel patterns and accessibility, impacts on schools, places of worship, businesses and recreation and social (public) groups. Neighborhood cohesiveness shall be 14 07/11/13 Contract#: identified through physical features and socioeconomic profiles in order to complete a community impact analysis. Task 12—Other Environmental Studies, Analyses and Investigations Conduct other environmental studies, analyses and investigations in accordance with FHWA/TxDOT requirements. The other environmental studies, analyses and investigations are shown below: a) Land Use: The Engineer shall conduct a field visit to document and confirm land use. b) Water Resources: The Engineer shall document compliance with Section 402 of the Clean Water Act(CWA): Texas Pollutant Discharge Elimination System (TPDES), Construction General Permit (CGP) requirements. The Engineer shall identify any impaired waters using the Texas Commission on Environmental Quality (TCEQ) 2010 Section 303(d) Clean Water Act list (approved November 18, 2011)of impaired waters. c) Floodplains: The Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM) for Brazoria County shall be analyzed with respect to the proposed project and the information documented in the CE. This task includes preparing an exhibit to include any 100 year floodplain locations. d) Vegetation Inventory: The Engineer shall assess the proposed project vegetation. The vegetation discussion shall include a general description of the vegetation types as described in the Texas Parks and Wildlife Department (TPWD) Vegetation Types of Texas (TPWD, 1984). The vegetation discussion shall also comply with the Memorandum of Agreement (MOA) and the Memorandum of Understanding (MOU) between TxDOT and TPWD. e) Visual: A field investigation shall be conducted to determine the potential visual impacts resulting from the proposed project. f) Construction Impacts: The Engineer shall assess the proposed project for construction detours and temporary construction impacts. g) Invasive Species and Beneficial Landscaping Practices: Executive Order 13112 on invasive species and executive memorandum on beneficial landscaping practices shall be addressed in the CE. h) Migratory Bird Impacts: The Engineer shall address compliance with the Migratory Bird Treaty Act. 15 07/11/13 Contract#: i) Threatened and Endangered Species: The Engineer shall conduct threatened and endangered species habitat assessments using the U.S. Fish and Wildlife Service (USFWS) and TPWD threatened and endangered species list and shall conduct a Natural Diversity Database (NDD) search. The CE shall include revising the USFWS and TPWD lists up to three times. It is assumed that the following tasks shall not be performed: analysis of soils, prime farmlands, U.S. Coast Guard Section 9 and U.S. Army Corps of Engineers Section 10, the Texas coastal management program, coastal barriers, Section 4(f) Evaluation, or U.S. Department of Interior's National Inventory of River Segments in the National Wild and Scenic River System. Task 13—Wetland Determinations Wetland determinations and delineations (if necessary) shall be conducted using the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Atlantic and Gulf Coastal Plain Region, November 2010, version 2.0 and the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual, Technical Report Y-87-1, January 1987, Final Report(1987 Manual). This task shall include completing Wetland Determination Data Forms, according to the Supplement. This task shall include identifying any other waters of the U.S. (e.g. creeks, streams, etc.), which would be subject to regulation under Section 404 of the Clean Water Act. This task shall also include determining whether a wetland area is isolated verses adjacent to waters of the U.S. The Engineer shall delineate the boundaries of any wetlands and the Ordinary High Water Mark (OHWM) and width of any streams located within the existing or proposed ROW within the project limits. The Engineer shall then survey the delineated wetlands, sample points, and OHWM using a GPS in accordance with the USAGE Memorandum on Standard Operating Procedures; Recording Jurisdictional Delineations Using Global Positioning Systems dated October 22, 2003. After the wetland delineations, sample points, and OHWM have been surveyed, the delineations shall be mapped using the digital survey data and the size of the wetlands shall be determined. The Engineer shall determine what type of permit, if any, is required for any potential impacts to waters of the U.S., including wetlands, as part of Section 404 the federal Clean Water Act. Upon initial review of the work to be conducted, it appears that the project could be covered under a Nationwide Permit and this Scope of Services and Cost Estimate includes preparing a Pre- Construction Notification, submitting it to the USACE, and obtaining the Nationwide Permit. The results of the wetland determinations, delineations, and permitting shall be documented in the CE. Task 14—Hazardous Materials The Engineer shall conduct an initial hazardous materials assessment for the proposed project to identify sites within the project area that may have experienced soil and/or groundwater contamination by hazardous materials. The assessment shall consist of a review of regulatory/governmental agency database records and an onsite investigation. The regulatory database search should occur within the minimum search distances set by American Society for Testing and Materials (ASTM) E 1527-05. The results of the hazardous materials investigation shall be included in the CE. The Engineer shall also prepare the State's Hazardous Material Initial Site Assessment Form. 16 07/11/13 Contract#: Task 15—Prepare Draft CE The Engineer shall prepare the Draft CE, including preparing exhibits. Copies of the Draft CE shall be prepared and submitted to the City of Pearland, TxDOT and FHWA on paper and a digital pdf file for review and comment. Task 16—Revisions to Draft CE The Engineer shall revise the Draft CE in accordance with two sets of comments from the City of Pearland, five sets of comments from TxDOT and two sets of comments from FHWA. Deliverables: Draft CE Document(3 hard copies plus electronic copy) Task 17— Public Meeting a. Public Meeting Notice: The Engineer shall prepare the Notice of Public Meeting for publication in the Houston Chronicle, a local newspaper, and a Spanish newspaper for review and approval by TxDOT. The Engineer shall publish the Notice in the Houston Chronicle (in English), the La Voz (a Spanish newspaper in Spanish). The City will publish the notice in a local newspaper (in English). All notices will be published twice (30 days prior to the meeting and approximately 10 days prior to the meeting) for a total of four (4) notices in the Houston Chronicle and two (2) notices in La Voz. TxDOT shall print the notice on TxDOT letterhead and send to elected officials 30 days prior to publication. The Notice shall also be mailed to all adjacent property owners and other identified interested citizens approximately 30 days prior to the meeting. The Engineer shall prepare letters to elected officials notifying them of the Public Meeting and submit the public officials letter to TxDOT. This task shall also include identifying adjacent property owners and developing and maintaining a mailing list for public meeting notification. b. Prepare Exhibits for Public Meeting: The Engineer shall prepare exhibits to be displayed at the Public Meeting including a project location map, need and purpose, cost and schedule, roll plot, and typical sections. c. Conduct Public Meeting: The Engineer shall coordinate, schedule, organize, and conduct an open house Public Meeting. This task shall include preparing the program and sign-in sheets for elected officials, general public, and the media. A total of five staff members shall be provided to attend the meeting and to address questions from the public. The Engineer shall participate in three meetings prior to the Public Meeting to review the presentation materials and exhibits. The Engineer shall identify possible locations and reserve the facility for the Public Meeting. This task shall also include visiting that facility to ensure its appropriateness. d. Public Meeting Summary Report: The Engineer shall prepare and submit a Public Meeting Summary Report to TxDOT. The report shall contain the following information: o Program; o Sign-in sheets; 17 07/11/13 Contract#: o Public meeting notices; o Mailing list; o Written public comments; o Summary of the proceedings and public comments; and o Responses to written public comments received at the meeting or by the deadline e. Revise Public Meeting Summary Report: The Engineer shall revise the public meeting summary report in accordance with one set of comments from the City of Pearland, two sets of comments from TxDOT and one set of comments from FHWA. Deliverables: Public Meeting Summary Report(3 hard copies plus electronic copy) Task 18— Prepare Final CE After the deadline for requesting a Public Hearing and assuming no requests for a public hearing are received by the deadline, the final CE shall be prepared and submitted. Deliverables: Final CE Document(3 hard copies plus electronic copy) B. Environmental Permits Issues and Commitments (EPIC) Sheets. The Engineer shall complete the latest version of the EPIC sheets per information provided by the City and State. These sheets shall be signed, sealed and dated by the Engineer as indicated in signature block. The final sheets shall be submitted for the City and State's signature. RIGHT-OF-WAY DATA A. The Engineer shall coordinate with the City and State to determine the location of all existing and proposed utilities and attend meetings with various utility companies to discuss potential conflicts. The Engineer shall implement the Houston District's Utility Cooperative Management Process covering milestone meetings, minutes, invitations to utility companies to attend milestone meetings, correspondence,etc'. PURPOSE AND SERVICES T 0 BE PROVIDED B. Access Management. The Engineer shall coordinate and evaluate access management within the project limits in accordance with the latest State Access Management Manual or as directed by the City. FIELD SURVEYING AND PHOTOGRAMMETRY A. Field Surveying. The Engineer shall verify the benchmark coordinates and establish the horizontal and vertical control for the project. The Engineer shall provide supplemental field surveying services necessary to verify the Digital Terrain Model (DTM), produce topographic maps, establish the project baseline on the ground, locate and tie existing utilities to the project baseline, to tie the soil boring locations, and update topography. Coordinate geometry and vertical and 18 07/11/13 Contract#: horizontal control of roadway project with engineering for adjacent projects. Coordinate geometry shall be based on and tied into State plane surface coordinate system. The Engineer shall: 1. Determine Project Baseline: The project base line must be coincidental with, or parallel to, the stationed "Design Center Line." Base line control points shall be established using 15M(ASTM) (5/8 inch) iron rods, 36 inches long, at P.C.' s, P.I.'s and P.T.'s of horizontal curves and at 1000 feet maximum intervals on tangents. Baseline control points shall be offset with set iron rods on both sides near the existing ROW lines at a measured distance. If available, coordinate to field tie to the Project baseline set by adjacent Engineers for consistency and accuracy. 2. Horizontal and Vertical GPS Surveys : The coordinate location and/or elevation of center panel points based on GPS surveys conducted by the Surveyor shall meet standards of accuracy as set forth below. Reference may be made to standards of accuracy for First Authorization surveys as described in the Federal Geodetic Control Committee publication entitled Geometric Geodetic Accuracy Standards and Specifications for Using GPS Relative Positioning Techniques, reprinted with corrections August 1, 1989. The accuracy standard at the 95 percent confidence level for First Authorization Surveys may be calculated using the formula s= e2+(0.1pd)2 where, s= maximum allowable error in centimeters d= distance in kilometers between any two stations p= the minimum geometric relative position accuracy standard in parts per million (10 ppm) e= base error in centimeters (1.0 cm.) DATUM. All coordinates shall be based on the North American datum (NAD) 83 (1993 Adjustment). All elevations shall be based on the North American vertical datum (NAVD)of 1988 All traverses conducted by the Surveyor shall be tied to the National Geodetic Survey system, either directly or indirectly as follows: a. The Surveyor shall make sufficient measurements to existing National Geodetic Survey monuments to assess the angular, horizontal and vertical closure of each traverse to the extend applicable. The Surveyor shall make sufficient measurements to monuments established by the State to assess the angular, horizontal and vertical closure of each traverse to the extent applicable. All monuments established by the State for purposes of aerial photography control are based on the National Geodetic Survey system. 19 07/11/13 Contract#: Locate previously set benchmarks established by State (State Datum); establish benchmark circuit (run levels) throughout the Project; establish additional benchmarks at intervals not to exceed 1,000 feet for the limits of the Project; tie benchmarks (station/offset) to Project baseline. Benchmarks shall be 20M (ASTM) (3/4-inch) diameter, 48 inches long, located near the existing ROW line at a measured distance. All benchmark circuits shall be tied to the State's elevation datum. Perform the benchmark circuits in accordance with good surveying practices. The Surveyor shall verify the closure and submit adjustments to State for approval prior to beginning the field surveys. Provide 8 1/2" x 11" location sketches of horizontal and vertical benchmarks. The Engineer shall also provide 11' x 17" overall sketch showing bearings and distances between control monuments (benchmarks) and tied benchmarks (i.e. HCFCD, TSARP, FEMA, GPS points, etc.) These sketches shall be signed, sealed and dated by a Registered Professional Land Surveyor(RPLS). HORIZONTAL GROUND CONTROL The coordinate location of the traverse points shall be based on traverses conducted by the Surveyor meeting standards of accuracy as set forth below. Reference may be made to standards of accuracy for Second Order, Class II, horizontal control traverses as described in the latest edition Federal Geodetic Control Committee publication entitled Standards and Specifications for Geodetic Control Networks. • Azimuth closure shall not exceed 4.5 seconds times the square root of the number of traverse segments. • Position closure after azimuth adjustment shall not exceed 1 in 20,000. • In cases where a traverse approaches but does not entirely meet these standards of accuracy and the Surveyor has assured itself that gross errors, mistakes and blunders have been eliminated, the Surveyor shall submit the traverse data to the State for further review. The State will make a determination as to the acceptability of the traverse as an exception to the standard and notify the Surveyor accordingly. VERTICAL GROUND CONTROL Elevations established on the benchmarks shall be conducted by the Surveyor meeting standards of accuracy as set forth below. Reference may be made to standards of accuracy for third order vertical control traverses as described in the latest edition of the Federal Geodetic Control Committee publication entitled Standards and Specifications for Geodetic Control Networks. • Vertical closure shall not exceed 0.05 feet times the square root of the distance in miles. • In case where a traverse approaches but does not entirely meet these standards of accuracy and the Surveyor has assured itself that gross errors, mistakes and blunders have been eliminated, the Surveyor shall submit the traverse data to the State for review. The State will make a determination as 20 07/11/13 Contract#: to the acceptability of the traverse as an exception to the standard, and the State will notify the Surveyor accordingly. • Document field work and submit field data to the State. 3. Survey Control Index Sheets. The Engineer's Surveyor shall prepare a Survey Control Index Sheet and a Horizontal and Vertical Control Sheet, signed, sealed and dated by the professional engineer in direct responsible charge of the surveying and the responsible Registered Professional Land Surveyor (RPLS) for insertion into the plan set. The Survey Control Index Sheet shows an overall view of the project control and the relationship or primary monumentation and control used in the preparation of the project; whereas, the Horizontal and Vertical Control sheet identifies the primary survey control and the survey control monumentation used in the preparation of the project. Both the Survey Control Index Sheet and the Horizontal and Vertical Control Sheet should be used in conjunction with each other. The following information should be shown on the Survey Control Index Sheet: • Overall view of the project and primary control monuments set for control of the project. • Identification of the control points • Baseline and/or centerline • Graphic (Bar) Scale • North Arrow • Placement of note "The survey control information has been accepted and incorporated into this PS&E" which is signed, sealed and dated by a Texas Professional Engineer • RPLS signature, seal and date The following information should be shown on the Horizontal and Vertical Control Sheet: • Location for each control point, showing baseline and/or centerline alignment and North arrow. • Station and offset (with respect to the baseline or centerline alignments) of each identified control point. • Basis of Datum for horizontal control (base control monument/benchmark name/number, datum). • Basis of Datum for the vertical control (base control monument, benchmark name, number, datum) • Date of current adjustment of the datum • Monumentation set for Control (Description, District name/number and Location ties) • Surface Adjustment Factor and unit of measurement • Coordinates(SPC Zone and surface or grid) 21 07/11/13 Contract#: • Relevant metadata • Graphic (Bar) Scale • Placement of note The survey control information has been accepted and incorporated into this PS&E" which is signed, sealed and dated by a Texas Professional Engineer • RPLS signature, seal and date • TxDOT title block containing District Name, County, Highway No., and CSJ 4. Profile and cross section intersecting streets and driveways (to 50 feet outside ROW for driveways, and 200 feet for intersecting streets and 500 feet for intersecting streets greater than two lanes wide)for tie into project. 5. Cross section drainage channels for a distance of 200 feet each way outside the ROW lines. Cross sections shall not exceed 100 feet intervals and shall be taken at right angles to the channels. The width of the cross sections shall cover the top of the channel over bank extending at least 50 feet beyond. Cross section data shall include flow line of the channel. 6. Secure right-of-entry (short of litigation), as needed for the project and the Engineer shall not commit acts which will result in damages to private property and the Engineer will make every effort to comply with the wishes and address the concerns of private property owners. 7. Tie to existing underground and overhead utilities (location, elevation, size and direction). 8. ROW staking for additional field topography related to design work. 9. Determine any changes in topography from outdated maps due to development, erosion, etc. 10. Determine type of existing material, existing pavements, etc. 11. Obtain profiles of existing drainage facilities in locations and frequencies to comply with Drainage District requirements and as necessary for the design of the project. 12. Obtain measurement of hydraulic opening under existing bridges. 13. Obtain top of manhole and flowline elevations, type and size, etc. of manholes, inlets, and valves of utilities. 14. Provide temporary signs, traffic control, flags, safety equipment, etc. and obtain necessary permits. 15. Obtain ties to existing bridges or culverts that may conflict with new construction. 16. Obtain line(PGL)and the edges of slab at bent location. 22 07/11/13 Contract#: 17. Tie down soil boring locations by station, offset and surface elevation. 18. Perform datum ties as required (HCFCD, COH, FEMA, Brazoria County Drainage District #4, the City of Pearland, etc.). If required, establish an elevation base on the State's datum to other public entities published benchmarks. 19. The Engineer's Surveyor using wetlands delineation information provided by the State shall stake and fence the areas containing wetlands. The Surveyor is to provide information back to the Engineer in an electronic file to be incorporated onto the P&P sheets. This staking and fencing at the wetland areas shall be handled under separate agreement. 20. The Surveyor shall control traffic in and near surveying operations adequately to comply with the latest edition of the Texas Manual on Uniform Traffic Control Devices. In the event field personnel must divert traffic or close traveled lanes, a Traffic Control Plan shall be prepared by the Engineer's surveyor and approved by the State prior to commencement of field work. A copy of the approved plans shall be in the possession of field personnel on the job site at all times and shall be made available to State personnel upon request. 21. All standards, procedures and equipment used by the Surveyor shall be such that the results of survey will be in accordance with Board Rule 663.15, as promulgated by the Texas Board of Professional Land Surveyors. 22. If at any time during the contract period, the Surveyor encounters unforeseen circumstances which may materially affect the scope, complexity or character of the work authorized by the State, the Surveyor shall notify the State in writing immediately with a complete description of the circumstances encountered. 23. The following definitions shall apply: • DGN-Two dimensional digital map containing natural ground features and improvements plotted in a horizontal plane along the X and Y axes. A planimetric map does not include relief elements such as spot elevations, cross-sections, or contours. • DTM-Three dimensional digital model of the ground containing those features necessary to define surface relief. A three dimensional model does not normally contain those planimetric features not necessary to define relief. • Horizontal and vertical ground control-Survey control points for which the X and Y coordinate and/or elevation have been determined by on the ground surveys. 23 07/11/13 Contract#: C. Digital Planimetric Mapping (DGN)and Digital Terrain Modeling (DTM). 1. The Surveyor shall prepare DGN files covering the specific work location, meeting the State's standards and specifications. 2. The Surveyor shall prepare DTM files covering the specific work location, meeting the State's standards and specifications. 3. The Surveyor shall provide DGN and DTM files on a medium and in a format acceptable to the State. 4. The State's Photogrammetry Mapping Legend as supplemented by the Surveyor ROADWAY DESIGN CONTROLS A. Preliminary Geometric Project Layout.The Engineer shall develop a preliminary geometric project layout (Layout) for the full length of the project to be reviewed and approved by the City and State prior to the Engineer proceeding with the 30 percent milestone submittal package. The Layout shall consist of a planimetric file of existing features and the proposed improvements within the existing and any proposed ROW. The Layout shall also include the following features: existing/Proposed ROW, existing/proposed horizontal and vertical alignment and profile grade line, cross culverts, lane widths, cross slopes, ditch slopes, pavement structure, clear zone, dedicated right turn lanes, corner clips, retaining walls (if applicable) guard rail (if applicable), and water surface elevations for various rainfall frequencies, etc. Existing major subsurface and surface utilities shall be shown. The proposed alignment shall avoid as much as possible the relocation of existing utilities. The Engineer shall consider ADA requirements when developing the layout. The Layout shall be prepared in accordance with the current Roadway Design Manual. The Engineer shall provide horizontal and vertical alignment of the project layout in English units for main lanes and cross streets. Minor alignment alternatives will be considered to provide for an optimal design. The project layout must be coordinated with the City and State and adjacent Engineers, if any. The Engineer shall also provide proposed and existing typical sections with the profile grade line (PGL), lane widths, cross slopes, ROW lines, ditch shapes, pavement structures and clear zones depicted, etc. B. Roadway Design. The Engineer shall provide roadway plan and profile drawings using CADD standards as required by the City and State (not to exceed 500 linear feet along baseline per sheet). The drawings shall consist of a planimetric file of existing features and files of the proposed improvements. The roadway base map shall contain line work that depicts existing surface features obtained from the roll plot drawing. Existing major subsurface and surface utilities shall be shown. Existing and proposed right-of-way lines shall be shown. Plan and Profile to be shown on same sheets (this depends upon width of pavement)for the roadway. 24 07/11/13 Contract#: The plan view shall contain the following design elements: 1. Calculated roadway centerlines for mainlanes and cross streets. Horizontal control points shall be shown. The alignments shall be calculated using GEOPAK. 2. Pavement edges for all improvements (mainlanes, cross streets and driveways). 3. Lane and pavement width dimensions. 4. The geometrics of roadway lanes 4. Proposed structure locations, lengths and widths. 5. Direction of traffic flow on all roadways. Lane lines and/or arrows indicating the number of lanes shall also be shown. 6. Drawing scale shall be 1"=(Recommend 50' Horizontal, 1" = 5' Vertical) 7. Control of access line, & ROW lines and easements. 8. Begin/end cross slope changes. 9. Limits of rip rap, block sod, and seeding. 10. Existing utilities and structures. 11. Benchmark information. 12. Radii call outs, curb location, CTB, guard fence, crash safety items and American with Disabilities Act Accessibility Guidelines (ADAAG)compliance items. The profile view shall contain the following design elements: 1. Calculated profile grade for proposed northbound and southbound mainlanes and cross streets. Vertical curve data, including "K"values shall be shown. 2. Existing and proposed profiles along the proposed top of curb of the mainlanes. 3. Water surface elevations at major stream crossing for 10-, 25-, 50-, and 100-year storms. 4. Drawing vertical scale to be 1"=10'. C. Typical Sections: Typical sections shall be required for all proposed and existing roadways and structures. Typical sections shall include width of travel lanes, shoulders, outer separations, border widths, curb offsets, managed lanes, and ROW. The typical section shall also include PGL, centerline, pavement design, longitudinal joints, side slopes, sodding/seeding limits, concrete traffic barriers and sidewalks, if required, station limits, common proposed/existing structures including retaining walls, existing pavement removal, riprap, limits of embankment and excavation, etc. The typical sections shall also reference pay Schedule for Item of work, "Ride Quality of Pavement Surface". D. Mainlane Design: The Engineer shall provide the design of a 4 lane undivided roadway section. The design shall be consistent with the approved roll plot and the current Roadway Design Manual and City of Pearland requirements. E. Cross Streets: The Engineer shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout shall include the curb returns, geometrics, transition length, stationing, pavement and drainage details. The Engineer shall design for full pavement width to the ROW and provide a transition to the existing roadway. 25 07/11/13 Contract#: F. Cut and Fill Quantities. The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 100 feet intervals. Cross sections shall be delivered in standard GEOPAK format on roll plots and electronic files. The Engineer shall provide all criteria and input files used to generate the design cross sections. Cross sections and quantities shall consider existing pavement removals. Annotation shall include at a minimum existing/proposed right of way, side slopes (front & back), profiles, etc. Four sets of drawings shall be submitted by the Engineer at the 30%, 60%, and 90%, and final submittals, respectively. G. Plan Preparation. The Engineer shall prepare roadway plans, profiles and typical sections for the proposed improvements. Prior to the 30 % submittal the Engineer shall schedule a workshop to review profiles and cross-sections with the City and State. The profile and cross sections shall depict the 2, 5, 10, 25, 50, 100 and 500 year (if available) water surface elevations. The drawings will provide an overall view of the roadway/existing ground elevations with respect to the various storm design frequencies for the length of the project. This will enable the City and State to determine the most feasible proposed roadway profile. The City and State will approve the profiles and cross sections before continuing with the subsequent submittals. This scope of services and the corresponding cost proposal are based on the Engineer preparing plans for the roadway and cross streets at intersections. The roadway plans shall consist of the types and be organized in the sequence as described in "Stand Alone Manual Notice Number 00-1". H. Wetlands Information. The wetland areas are to be staked, fenced and the delineation surveyed by the Engineer. The survey data shall be electronically transferred to the P&P sheets and the volumes calculated for the delineated areas. Pavement Design. The Engineer shall submit a pavement design to the City and State for approval. Standard City Major Thoroughfare pavement designs shall be reviewed for compliance and approval with State at DCC J. Pedestrian and Bicycle. The Engineer shall coordinate with the City to incorporate pedestrian and bicycle facilities as required or shown on the project's roll plot. All pedestrian/bicycle facilities must be designed in accordance with the latest Americans with Disabilities Act Accessibility Guidelines (ADAAG), the Texas Accessibility Standards (TAS), and the AASHTO Guide for the Development of Bicycle Facilities". Engineer shall use City's Standard ADA pedestrian ramp design and configuration details. The project anticipates a 10 foot wide shared use path on the west side DRAINAGE DESIGN A. Drainage Report. I. The Engineer shall review any existing drainage studies for the area of the project and prepare a single comprehensive drainage study and report of the project area. The report shall be divided into two phases: 26 07/11/13 Contract#: The first phase will include the following items: • Obtain existing HEC-2 models from applicable drainage authorities to the extent possible, for use in analysis and determination of the existing 2, 5, 10, 25, 50, and 100 year (if available), water surface elevations at bayous, creeks, and ditch crossings along the project. This data will be utilized in the development of design roadway profiles. • Profile of natural ground along each proposed grade line of the roadway. • Profile of tentative proposed grade line of the roadway. • Profile of existing roadway. • Identify the existing drainage outfalls. • Identify the names of existing creeks, bayous and/or ditches within the project limits. 2. These profiles will be superimposed on a drawing along with the 2, 5, 10, 25, 50, and 100 year(if available) water surface elevations. The profile drawing will provide an overall view of the roadway/existing ground elevations with respect to the various storm design frequencies for the length of the project. This will enable the City and State to determine the most feasible proposed roadway profile. These profiles must be submitted to the City and State and approved before continuing with the preparation of the comprehensive drainage report. The second phase will include the following items: • Manhole head losses are to be computed as per the City and State's direction. Also, THYSYS (WINSTORM) computations are not needed for hydraulic grade line investigations. The head losses will be computed with a pressure flow equation generally applicable to pipe running full flow. A hydraulic grade line starting at the outfall channel will be determined for each storm sewer system in order to obtain a design tailwater for each existing system. The design tailwater will be the starting basis for the design of the proposed storm sewer system. • For drainage areas, the Engineer will limit the outfalls into existing storm sewer to existing capacity flows, which will be determined by the Engineer. Alternate flow routes, if feasible, will be looked into for relieving storm sewer overload. The amount of the total detention storage to control storm sewer runoff for the design frequency will be determined based on hydrograph routing, as well as a rough estimate of the available on-site volume. The method for handling the required off- site storage volume is part of this scope. Engineer shall review capacity and location of detention facilities for possible use with regard to the project. • Drainage areas and flows for cross culvert drainage systems will be determined as part of the comprehensive drainage report. Once determined, the sizing of the drainage crossings, hydrologic and hydraulics information will be provided to the City and State. 27 07/11/13 Contract#: • The Engineer will prepare a report signed, sealed and dated by a registered/licensed engineer and shall include the preliminary findings of the storm sewer capacities, requirement for line rerouting, preliminary detention storage volumes based on hydrograph and initial recommendations on how to mitigate the storm impact on the receiving streams. The report will also include preliminary sizing of the trunkline for the proposed gravity storm sewer within the limits of the project, conceptual and generic discussions of the alternatives considered, a comparative cost associated with each alternative and a recommended solution. • Recommendations at this point should be generic and conceptual in nature, mainly for discussions with the City and State and other local government entities. Guideline approach to the 100 year impact analysis: An impact analysis is required on bayous, creeks and ditches as related to the City of Pearland, Brazoria County Drainage District No.4, State and FEMA criteria 10 and 100 year storm. The State required approach for impact prediction is as follows: • Drainage areas for the existing and proposed conditions. • The Engineer will identify the existing drainage outfalls. • Compute right of way corridor 100 year flood plain volumes for existing and proposed roadway elevations. A decrease in 100 year flood plain volumes is not allowed by the City, State or other governmental agencies, without adequate offsite mitigation. • Compute existing and proposed peak flows by using hydraulics and hydrologic methodology and computer models. • Storage computations will be based on hydrograph calculations and peak flows obtained in the item above. A mitigation volume for the 100 year storm will be computed. • Analyze existing and proposed drainage system and quantify the increase in 100 year peak flows resulting from the roadway improvements. • Hand calculations shall be provided which quantify the cut and fill within the 100 year flood plain, if any occur. • Prepare conceptual 100 year sheet flow analysis for project utilizing existing and proposed conditions. • Obtain current hydrologic and hydraulic computer models from government agencies and review and comment on the models. • Current models will be updated to existing condition using the available State aerial photographs, and submitted to governmental agencies as the revised existing condition model. • Analyze proposed roadway and outfall drainage improvements to quantify impacts top revised existing condition model. • It is assumed that the existing detention facility constructed for the Hickory Slough Detention project has volume required for the mitigation of this project. Once the volume for the required mitigation is determined, the Engineer will verify and update the storage ledger for the existing 28 07/11/13 Contract#: detention facility through the City Engineer. If there is not enough volume for the required mitigation, a supplemental scope of services will be provided for the design. This contract does not include the detailed design of outfall improvements outside of the right of way, except for ditch outfall transitions of cross drainage culvert structures to the existing ditch. B. Culvert and Storm Drain Design. The Engineer shall develop design details that minimize the interference with the passage of traffic or incur damage to the highway and local property. The Engineer shall provide layouts, drainage area maps, and design of all drainage components. The Engineer shall design all conventional storm drainage and cross drainage in conformance with the latest edition of State Hydraulic Manual, Houston District criteria, and any specific guidance provided by the City. Storm drain design shall be performed using WinStorm or GEOPAK Drainage. Cross drainage design shall be performed using THYSYS, THYSYS CULVERT, HEC 2 or HEC RAS. When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic gradeline throughout the whole system, within project limits, for the design frequency(ies). The Engineer shall coordinate with the City and State any proposed changes to the detention systems. The City will assess the effects of such changes on the comprehensive drainage studies. The Engineer shall coordinate with the City and State and designers of adjacent projects to check that all proposed drainage systems accommodate the proposed construction phasing plan. The Engineer shall perform the following: 1. Identify areas requiring trench protection, excavation, shoring and de-watering. 2. Prepare drainage area maps. 3. prepare plan/profile sheets for storm drain systems and outfall ditches. 4. Select standard details from the City, State or District's list of standards for items such as inlets, manholes,junction boxes and end treatment, etc. 5. Conform to State standards for inlet sizes, lateral and truck diameters and flow rates 6. Conform to District standards for outfall structures and slop or bottom protection 7. Show hydraulic grade line throughout profiles 8. Allow for one lane passable in 100 year conditions (no more that 2 inches in high gutter) 9. Prepare details for non-standard inlets, manholes and junction boxes. 10. Prepare drainage details for outlet protection, outlet structures and utility accommodation structures. 11. Identify pipe strength requirements. 12. Prepare drainage facility quantity summaries. 13. Identify potential utility conflicts and design around them, wherever possible. 14. Take into consideration pedestrian facilities, utility impacts, driveway grades, retaining wall and concrete traffic barrier drainage impacts. 15. Identify existing ground elevation profiles at the ROW lines on storm sewer plan and profile sheets. 29 07/11/13 Contract#: 16. Locate soil borings every 500 feet along the storm sewer alignment and at every 2000 feet take a piezometric reading. C. Storm Water Pollution Prevention Plans (SW3P). The Engineer shall develop SW3P, on separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving waterways. The SW3P shall include text describing the plan, quantities, type, phase and locations of erosion control devices and any required permanent erosion control measures. D. Temporary drainage facilities. The Engineer shall develop plans for all temporary drainage facilities necessary to allow staged construction of the project and to conform with the phasing of adjacent construction projects without significant impact to the hydraulic capacity of the area. Drainage area maps are not required for temporary drainage. However, temporary drainage facilities shall provide for uninterrupted flows of adjacent areas so as to prevent any impact, temporary or otherwise, on surrounding areas during construction. E. Layout, Structural Design and Detailing of Drainage Features. The Engineer shall develop layouts for the following: 1. Culverts: New culverts; culvert replacement. 2. Storm Sewers: New or modified storm sewers; inlets; manholes; trunk lines. 3. Subsurface drainage at retaining walls. 4. Outfall channels within existing ROW 5. Detention ponds, associated outlet structures and details. The Engineer shall use Cit, State or District standard details where practical or required by facility oversight authority. F. Flodplain Cut and Fill. Using water surface elevation profiles determined by the comprehensive drainage study, the Engineer shall calculate proposed cut and fill volumes below the 100 year flood elevation. G. Engneer shall determine the requirement, location and volume if any, for floodplain mitigation and shall provide designs and construction plans for any required by the project. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION (PERMANENT) A. Signing. The Engineer shall prepare drawings, specifications and details for all signs. The Engineer shall coordinate with the City and State (and other Engineers as required) for overall temporary, interim and final signing strategies and placement of signs outside contract limits. Sign detail sheets shall be prepared for large guide signs showing dimensions, lettering, shields, borders, corner radii, etc., and shall provide a summary of large and small signs. The Engineer shall also designate the shields to be attached to guide signs. The proposed signs shall be illustrated and numbered on plan sheets. Sign foundation shall be selected from City and State Standards. Temporary and interim signing will be designated as part of the TCP preparation. 30 07/11/13 Contract#: The Engineer shall provide the following information on sign/pavement marking layouts: 1. Roadway layout. 2. Center line with station numbering. 3. ROW lines. 4. Culverts and other structures that present a hazard to traffic. 5. Location of utilities. 6. Existing signs to remain, to be removed, or to be relocated. 7. Proposed signs (illustrated, numbered and size). B. Pavement Markings. The Engineer shall detail permanent and temporary pavement markings and channelization devices on plan sheets. The Engineer shall coordinate with the City and State (and other Engineers as required)for overall temporary, interim, and final pavement marking strategies. Pavement markings shall be selected from the latest State standards. Temporary and interim signing will be designated as part of the TCP preparation. The Engineer shall provide the following information on sign/pavement marking layouts: 1. Proposed markings (illustrated and quantified)which include pavement markings, object markings and delineation. 2. Quantities of existing pavement markings to be removed. 3. Proposed delineators and object markers. 4. The location of roadways, intersections, and pedestrian crossings. 5. The number of lanes in each section of proposed roadway and the location of changes in numbers of lanes. 6. ROW limits. 7. Direction of traffic flow on all roadways. C. Traffic Warrant Studies. The Engineer shall provide traffic counts, prepare Traffic Signal Warrant Studies and traffic signal plans, if applicable, for the following locations: Fite Road @ McLean Road and Fite Road @ Veterans Drive Traffic Signals. Based upon the results of the Traffic Warrant Studies, the Engineer shall identify and prepare Traffic Signal Plans for all warranted traffic signals at the following locations: Fite Road @ McLean Road Fite Road @ Veterans Drive Engineer shall employ City's standard design criteria and equipment for signals and controller hardware. Engineer shall provide a design fee for each individual signal. The Engineer shall confirm the power source for all signals and coordinate with the appropriate utility agency. Traffic Signal Plans shall be signed and sealed by a Texas Registered Professional Engineer. The Engineer shall develop all quantities, general notes, specifications and incorporate appropriate agency standards required to complete 31 07/11/13 Contract#: construction. Traffic signal poles, fixtures, signs, and lighting shall be designed per the City of Pearland and State recommendations and standards. The following information shall be provided in the Traffic Signal Plans: Signal designs shall contain City's standard equipment and parts including emergency interruption devices and radio interconnect to City's Intelligent Transportation System(ITS) 1. Layout a. Estimate and quantity sheet (1) List of all bid items (2) Bid item quantities (3) Specification item number (4) Paid item description and unit of measure b. Basis of estimate sheet(list of materials) c. General notes and specification data. d. Condition diagram (1) Roadway and intersection design features (2) Roadside development (3) Traffic control including illumination e. Plan sheet(s) (1) Existing traffic control that will remain (signs and markings) (2) Existing utilities (3) Proposed roadway improvements (4) Proposed installation (5) Proposed additional traffic controls (6) Proposed illumination attached to signal poles. (7) Proposed power pole source f. Notes for plan layout g. Phase sequence diagram(s) (1) Signal locations (2) Signal indications (3) Phase diagram (4) Signal sequence table (5) Flashing operation (normal and emergency) (6) Preemption operation (when applicable) (7) Contact responsible Agency to obtain interval timing, cycle length and offset h. Construction detail sheets(s) (1) Poles(State standard sheets) (2) Detectors (3) Pull Box and conduit layout (4) Controller Foundation standard sheet (5) Electrical chart Marking details (when applicable) j. Aerial or underground interconnect details (when applicable) 2. General Requirements a. Contact local utility company 32 07/11/13 Contract#: (1) Confirm power source b. Prepare governing specifications and special provisions list c. Prepare project estimate d. Conduct traffic counts and prepare Traffic Signal Warrant Studies for all proposed and existing traffic signals at the following locations: Fite Road @ McLean Road Fite Road @ Veterans Drive 3. Summary of Quantities a. Small signs tabulation b. Large signs tabulation including all guide signs 4. Sign Detail Sheets a. All signs except route markers b. Design details for large guide signs c. Dimensioning (letters, shields, borders, etc.) d. Designation of shields attached to guide signs MISCELLANEOUS A. Retaining Walls (If Required) Engineer shall make every reasonable effort to avoid the necessity of retaining walls in the design of embankments and slopes. If such walls are required all permanent retaining walls shall be mechanically stabilized earth retaining walls. The Engineer shall provide layouts (scale 1"=50' elevations, quantity estimate, summary of quantities, typical cross sections and structural details of all retaining walls within the project. Approximate lengths of the retaining walls as shown on the roll plot are listed as below. The Engineer shall determine if any additional walls are required and verify the need for and length of the retaining walls as shown on the roll plot. Note: It is unlikely that retaining walls will be required within the limits of the project. Description Limits Length Comments MSE Retaining Wall None anticipated at this time MSE Retaining Wall If applicable, architectural standard drawings will be provided by the State and shall be incorporated into design details. The specific requirements for each item are as follows: 1. Layout Plan a. Designation of reference line b. Beginning and ending retaining wall stations c. Offset from reference line d. Horizontal curve data e. Total length of wall f. Indicate face of wall 33 07/11/13 Contract#: g. All wall dimensions and alignment relations (alignment data as necessary) h. Soil boring locations i. Drainage, signing, lightning, etc. that is mounted on or passing through the wall. j. Subsurface drainage structures or utilities which could be impacted by wall construction. 2. Elevation: a. Top of wall elevations b. Existing and finished ground line elevations c. Vertical limits of measurement for payment d. Type, limits and anchorage details of railing (only if Traffic Railing foundation standard is not being used on this project) e. Top and bottom of wall profiles plotted at correct station &elevation. f. Underdrains g. Any soil improvement, if applicable. h. Drainage, signing, lighting etc. as noted above i. Drainage structures and utilities as noted above 3. Sectional View: a. Reinforced volume b. Underdrain location c. Soil improvements, if applicable. 4. General Guidelines for Retaining Walls: a. The Engineer shall perform design calculations to check the external stability of the walls including slope stability, bearing, sliding and overturning and detail drawings in accordance with standard requirements of the State. b. For retaining wall submittals, the Engineer shall look at Bridge Division website for current requirements. B. Traffic Control Plan, Detours and Sequence of Construction. The Engineer shall prepare Traffic Control Plans (TCP) for the project. The Engineer is to complete Form 2229-Significant Project Procedures along with Page 4 of Form 1002, specifically titled Accelerated Construction Procedures. A detailed TCP shall be developed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (Texas MUTCD). The Engineer is to implement the current Barricade and Construction (BC) standards as applicable. The Engineer shall interface and coordinate phases of work, including the TCP, with adjacent Engineers. 1. The Engineer shall provide a written narrative of the construction sequencing and work activities per phase and determine the existing and proposed traffic control devices (regulatory signs, warning signs, guide signs, route markers, construction pavement markings, barricades, flag personnel, temporary traffic signals, etc.) to be used to handle traffic during each construction sequence. The Engineer shall 34 07/11/13 Contract#: show proposed traffic control devices at grade intersections during each construction phase (stop signs, flagperson, signals, etc.). The Engineer shall show temporary roadways, ramps, structures and detours required to maintain lane continuity throughout the construction phasing.TCPs shall take into consideration equipment and work space required to perform slip form paving along and beside active temporary traffic lanes. 2. Where detours are required, the Engineer shall develop typical cross sections, calculate quantities, and show horizontal and vertical alignment information. The Engineer shall provide a detailed layout and arrangement of construction signs, construction pavement marking, traffic control devices (including temporary signals and signal heads). 3. The Engineer shall be responsible to coordinate with the City and State in scheduling a Traffic Control Workshop and submittal of the TCP for Traffic Control Approval Team (TCAT) approval. The Engineer shall assist the City and State in coordinating mitigation of impacts to adjacent schools, emergency vehicles, pedestrians, bicyclists and neighborhoods. 4. Continuous, safe access to all properties during all phases of construction is mandatory. The Engineer shall develop TCP to preserve existing curb cuts. Approval from the City is required for any elimination of existing access capacity. 5. The Engineer shall design temporary drainage to replace existing drainage disturbed by construction activities or to drain detour pavement. The Engineer shall show horizontal and vertical location of culverts and required cross sectional area of culverts. 6. The Engineer shall identify and delineate any outstanding ROW parcels. 7. Delineate areas of wetlands on traffic control plan sheets. C. Illumination. The Engineer shall perform the following tasks for illumination along Fite Road: 1 Coordinate with the City who will identify locations of poles and conduit to be used for illumination. 2 Prepare Conduit Layouts consisting of conduit location and type throughout the length of the project with elbows and stub outs at pole locations to be specified and installed by the City and others 3 The Engineer shall tabulate all quantities and provide summary sheets for underground conduit runs, electrical service locations, wire sizes and circuit installation. D. Landscape Design. Planting and irrigation, design, and documentation. Submittals shall include roll plot design, 90%, and 100% to the City and State. These plans shall provide for standard City landscaping and irrigation standards in accordance with the City's Major Thoroughfare 35 07/11/13 Contract#: Plan Planting plans will include species selection and spacing, schedule of materials, sizes, limits of turf and general notes regarding the selected plants and trees. Irrigation plans will include sleeve locations, main line routing, head and valve layout, controller locations and lateral pipe sizing along with all necessary calculations. Additionally, construction details will be provided for both planting and irrigation. The landscape architect will coordinate as necessary with the Engineer and will attend up to two (2) coordination meetings during the design phase of work. E. Exhibits for Utility Agreements. The Engineer shall coordinate with the City regarding utilities. The Engineer shall prepare drawings using English units early in the design phase to be used as exhibits in utility agreements. The Engineer shall show all existing utilities, public and private within the existing and proposed right of way, specifically including those in conflict with construction on this project. The Engineer shall prepare plans to avoid utility adjustments, if feasible. The Engineer shall incorporate all requirements identified in the utility agreements. The Engineer shall continue to maintain and update the utility exhibits as necessary. Identify and evaluate utility conflicts with proposed construction. Prepare and submit to the City and State, drawings for required utility agreement: 1. An 11 x 17 inch reproducible drawing and title 2. Each utility drawing will include the following: a. Existing right of way lines b. Existing or proposed roadways c. Proposed storm sewers d. Underground utility in plan and profile e. Limits of existing pipe casing f. Owner of utility g. Control of access line h. Benchmark data Utility company construction contact and phone number j. Typical section view lengthwise along all pipe alignments crossing under the pavement 3. Copies of correspondence with utility companies(if any) 4. Prepare a list of potential conflicts with existing utilities prior to the 30 percent submittal and at every milestone submittal date thereafter. This utility conflict list must include highway station number, name of utility company and type of facility, the contact person (with address and telephone number), location of conflict (station and offset), proposed highway facility, impacts to storm sewer, roadway, drainage ditch and drilled shaft, expected clearance date, effect on construction and type of adjustment necessary, etc. The Engineer shall maintain and update the conflict list as necessary. After submittal to Design Division, the Engineer will need to update the utility conflict list again due to ROW certifications. F. Estimate. The Engineer shall independently develop and report quantities in standard State bid format at the 60%, 90% and Final PS&E submittals. The Engineer shall identify and document quantity variances to be provided with each submittal. The Engineer shall 36 07/11/13 Contract#: be prepared to input the estimate into DCIS per the access rights given to the Engineer at the 90% and Final PS&E submittals. G. Specifications. Once the estimate is inputted into DCIS, the Engineer shall develop the list of standard specifications with the appropriate reference items in the estimate. The Engineer shall also identify the need for any special specifications, and special provisions. The Engineer shall prepare General Notes from the Houston District's Master List of General Notes, Special Specifications and Special Provisions for inclusion in the plans and bidding documents. The Engineer shall provide General Notes, Special Specifications and Special Provisions in rich text format. H. Construction Time Determination. The Engineer shall prepare a construction time determination using the latest version of Primavera software in accordance with the State's Administrative Circular No. 17-93. The schedule shall indicate tasks, subtasks, critical dates, milestones, and depicts the interdependence of the various items, and adjacent construction packages. The Engineer shall provide assistance to the City and State in interpreting the schedule. Roadway Closures. One month prior to the 90 percent milestone submittal, the Engineer shall submit to the City's and State's Project Manager, a list of the proposed roadways and lane closures for the project along with detour routes in coordination with the supportive TCP. In addition, the Engineer shall submit a list of contact persons and their addresses to be notified by the City's Project Manager of the proposed closures. The City's Project Manager will also utilize this information to obtain the Road User Cost(RUC), if applicable. J. Permits Review. The Engineer shall review and respond with comments within two working days to the City's Project Manager on all permits submitted to the City by various entities for driveways, street tie-ins or roadway modifications within the area of the project. K. Texas Department of Licensing & Review (TDLR). The Engineer shall submit plans for accessibility review and address all resulting comments for compliance with TAS & ADA (Final Inspection).The Engineer shall utilize the City's standard details and layouts for pedestrian ramps at all intersections. J. Project Manual. The Engineer shall assemble a Project Manual in accordance with Module 11 of TxDOT's Local Government Project Procedures (LGPP) manual. M. Bid Phase Services The Engineer shall perform the following tasks: 1. Provide project description text and any other pertinent data for incorporation into the City's Notice to Bidders (NTB) to the City's Project Manager in an electronic form appropriate for the City's e-bid system format. City is responsible for advertising. 2. Provide final bid sets (Plans, Specifications and Contract Documents) in electronic format (pdf) to City's Project Manager for upload to the City's E-Bid system, and (2)two hard copy sets to the City [PM (1), Purchasing (1) and interested bidders] 3. Provide bid items electronic copy of the City's standard E-Bid formatted Bid Form, Part B in Excel format for upload 37 07/11/13 Contract#: 4. Chair pre-bid meeting providing a standard pre-bid agenda for hand out and a general overview of the work of the project. a. Respond in writing to questions from bidders and prepare addenda as necessary 5. Prepare Engineer's Recommendation of Award Letter that includes the following required content: a. Review E-Bid produced Bid tabulation Review for unbalance bid items b. Insert Engineer's estimate Bid Tabulation c. Review of contractor's financial standing and references provided d. Explanation of discrepancies between the Engineer's estimate and bids e. Recommendation to award 6. Attend City Council meeting and recommendation of award of Contract for Construction 7. Produce and transmit for execution with City's Notice of Intent to Award (N01) as a transmittal cover to the 5 full sets of Contract Documents CONSTRUCTION PHASE SERVICES The Engineer shall perform the following tasks: A. Attend pre-construction meeting to provide information &answer questions B. Review product, material and methodology submittals and RFI's using the City's Pro-Trak system C. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems D. Provide complete record of As-Builts Drawing E. Within thirty(30) days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one (1)set of full size reproducible record drawings, and electronic file copy(PDF format) and a Microstation file (.dgn). 38 07/11/13 d N d c W 0g U rn 7 N CO N W g A Q V — N C >= c Q °w c E z c c N U V j o o O C d a O w N N W p or, N E U A W 3 d N N . 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N ✓1 N Vl N y N N h N N N 01 C (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 s (0 (0 (0 N (0 (0 (0 (0 (0 (0 (0 (0 (0 H O D D D D D D D D D D D D D D D D D D D D D D D D D M (O O O O O O LO O O O O O O O O N o O O o o O O o O Y M N M M N N '- N M r N J ❑ 1- U 2 N 2- «O D D V, E E a D C (a (a a) CL 0 _T U a) y C O a1 o (n N { 0 C 7 O E E t (6 m m U o es Q t W F- H 0, ',,23 c ' c Y Y a a j ..'E, a _, a • o E a) H H U U O o d = s m a CD ai ai q ( s U �a U o aa) U o 'p D d or d ud °' m a m d y O O T -Ei m E c ° .c O m E a O a o E O rn o� 9 ❑ ❑ H x a _ n r U a w d UU d U ( U C _ , T y O iO 0 t m d 02 D , D o D a O N E oU ° ¢ rn °a) co Q U (o • d • Q 4 el D ,a J• U Z O d� ct LL' c H t 1-- �_ s_ ❑ a o o N M N O r co o O N M d' 10 (O r CO O, o N M o LL LL - M M v V v v v v v v v (O N (O LO (O u) N u) LO (O co co CD to a❑ ATTACHMENT E-ANTICIPATED MAXIMUM FEE City of Pearland Cobb Fendley and Asscoiates,Inc. Fite Road From McClean Road to Veterans Drive Firm Lump Sum Time and Materials Total % Cobb Fendley&Assoiates, Inc $243,538.79 $29,427.33 $272,966.12 53.2% DBE's: Berg Oliver&Associates $106,048.52 $0.00 $106,048.52 20.6% Clark Condon Associates, Inc $13,577.00 $0.00 $13,577.00 2.6% Geotest Engineering, Inc $21,247.00 $63,389.00 $84,636.00 16.5% SP Engineering, Inc $36,332.54, $0.00 $36,332.54 7.1% Total DBE (15% Goal) $177,205.06 $63,389.00 $240,594.06 46.8% Grand Total (All Services) $420,743.85 $92,816.33 $513,560.18 100.0% 7/11/2013 1of 13 ) N \ / § ( \ ( » $ / k \ k - . - - - 2 \ \ . - - - - ; \ ( \ ( � \ ~ \ ( a ® § § ! ! : m m n r 4 / \ 2 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ) § § § : Z § § ! § / : ! : K \ } > > 0 * ct ) S. u 00 = z • § 2 § -0 oz § _ -� ) : § § - » ' 2 § c $ [ _ \ 2i 0 § z k : ■ k § I 0 (\ \ } k m ` 0 / , ] » ! 2 : ) -I \ § 2 2! ® _ § @ § 2 7 ) ) ) L 2 q ; > | § [: ■ ! ; n 1 > ■ % [ £ ) ` G % i 2 ® � -1§ w § ) ) ] \ ® ] § F- ; g \ O. \ \ \ } (\ } U. ) 0 \ U. 0 F- k \ . \ \ ) k .��� ° - /` , ® IF �% 3E ; V gait N0 _ ',"1:. ; 4'6, ! �,a©„ . © _ , ;/ i it .12 }\ \ k § ( i » � e § § - ( - 2 ' § . 2. 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Y O O'- O m m CO m O O' m 0 N CO - O =2F-2 W W W W 22 �H W 2 W WWWW H S H — z 3 00 O O N aD W N 07 0 CI Cg O 00 CO N N N N N N O 7 Di U L 7'- M 0 r 7 MI 0 H 0 W N — u >• 0 -000000 0 01- 00 0 0 0 0 0 0 0 00 j N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 66 N r O W)O O T ,,L.c.). U N-U) M N-OD 0 0 0 0 0 C O 0 O 9 0 0)-m 0(0(i O)00) 0 0 < 0 a a 07°v ° E O a`) m U�c 0 E m W O O) .-r a'- '- .- r 2 '- N C1 w K 2 - -c n N 0 `o w «) `2 m m IA 3 E 0 O)LL' m —w «c > 0 o m A m 0 0 O O O_ m E 7 0 w a a > W p W y d w _ 2 >' _ - O D 0 S t 46 2 ? a) to -o c 2 0) o O U Q m H j « N N Q N p Q r 12 2 a.U N 0 C > 0 Q 0 O Z m m io N m m H m - ',6 Q o o y 0 .0.0 .0 (0 m c EE E d' E E c 0 H aoi aoi m d m °c) aoi aoi o y d °i«�' E d E a) Z H H o)rn- c'£.N H H a).. 1- >_ .0 a) N o)4. w o o`m o E 0 w o `m d rn m a Gam m 2 c L m Q J m C C L H C C o T'o w L m L UC7 rna U w c U 2U U 00i a0) N W 0 j 0 Z d N 0 0 0 0 0 0 m 0 0 Q c c o n d c c c c b E 0 .-d 9 H C C N J E O :-) En CAL'- 0) 0 0 y 0 L p t a) c c 0)-5.. C T( > D 0 0) 0 Q W W>Z J 2 Q a W W>U W W N 2 M M 1 a 1 co— O N N ATTACHMENT E - FEE SCHEDULE Final Cost Proposal (FCP) Supporting Basis of Payment PRIME NAME Cobb, Fendley & Associates, Inc. Labor Rate Per Hour Minimum Maximum Maximum Labor/Staff Classification FY 13 FY 14 Sr. Project Manager $ 50.00 $62.42 $ 62.42 Senior Engineer $45.00 $49.28 $49.28 Project Engineer $40.00 $42.71 $42.71 Design Engineer $40.00 $42.71 _ $42.71 EIT $30.00 $ 32.00 _ $ 32.00 CADD Tech $28.00 _ $28.00 $28.00 RPLS $42.00 $42.71 $42.71 Survey Tech $ 30.00 _ $ 32.85 $ 32.85 3-Man Crew $42.00 $46.00 $46.00 Admin/Clerical $ 19.00 $ 20.00 $20.00 Overhead Rate: 171.77% Negotiated Profit Rate: 12% Escalation Rate: 0.0% SUBPROVIDER NAME Clark Condon Associates, Inc. Labor Rate Per Hour Minimum Maximum Maximum Labor/Staff Classification FY 13 FY 14 Principal $45.00 $49.28 $49.28 Senior Associate $40.00 $42.71 $42.71 Assistant Project Manager $ 35.00 $ 36.14 $ 36.14 Project Staff $20.00 $23.00 $23.00 Clerical $ 19.00 $20.00 $20.00 Negotiated Overhead Rate: 171.77% Negotiated Profit Rate: 12% Escalation Rate: 0.0% Page 1 of 2 Attachment E SUBPROVIDER NAME Geotest Engineering, Inc. Labor Rate Per Hour Minimum Maximum Maximum Labor/Staff Classification FY 13 FY 14 Senior Project Manager $50.00 $ 54.62 $ 54.62 Senior Engineer $40.00 $40.23 $40.23 Project Engineer $30.00 $ 31.40 $ 31.40 Engineering Technician $55.00 $58.00 $58.00 Clerical $ 19.00 $ 19.62 $ 19.62 Negotiated Overhead Rate: 173% Negotiated Profit Rate: 12% Escalation Rate: 0.0% SUBPROVIDER NAME SP Engineering Inc. Labor Rate Per Hour Minimum Maximum Maximum Labor/Staff Classification FY 13 FY 14 Senior Project Manager $60.00 $62.42 $62.42 Project Engineer $ 35.00 $42.71 $42.71 CADD Tech $ 26.00 $ 32.85 $ 32.85 Clerical $ 19.00 $20.00 $20.00 Negotiated Overhead Rate: 154% Negotiated Profit Rate: 12% Escalation Rate: 0.0% SUBPROVIDER NAME: Berg Oliver & Associates, Inc. Labor Rate Per Hour Minimum Maximum Maximum Labor/Staff Classification FY 13 FY 14 Senior Project Manager $50.00 $ 53.75 $ 53.75 EIT $ 30.00 $ 32.85 $ 32.85 Environmental Manager $45.00 $47.80 $47.80 Senior Environmental $40.00 $41.80 $41.80 Environmental Planner $ 35.00 $ 38.80 $ 38.80 Admin/Clerical $ 19.00 $ 19.40 $ 19.40 Negotiated Overhead Rate: 199% Negotiated Profit Rate: 10% Escalation Rate: 0.0% Page 2 of 2 Attachment E ATTACHMENT F CERTIFICATES OF INSURANCE �+• """) COBBF-1 OP ID: BH AG-ORLY DATE(MM/DD/YYYY) `,,._ -- CERTIFICATE OF LIABILITY INSURANCE 06/21/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 800-338-1391 NAME: AC ECASH 701 Market St.,Ste.1100 888-621-3173 is"co,No,Egt): IIIAC,No): St.Louis,MO 63101 E-MAIL Kevin P.Woolley ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Insurance Company 22357 INSURED Cobb, Fendley&Associates, INSURERS: Inc. 13430 Northwest Frwy,Ste 1100 INSURERC: Houston,TX 77040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AMC SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDOIYYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 84SBAPB6698 07/10/13 07/10/14 DAMAGES(RENTED PREMISES(Ee occunence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X CONTRACTUAL PERSONAL 8,ADV INJURY $ 1,000,000 X XCU INCLUDED PROFESSIONAL LIAB EXCL GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY R I 711Pi 711P LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ r A X ANY AUTO 84UEGPF5516 07/10/13 07/10/14 BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS - — HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE 84SBAPB6598 07/10/13 07/10/14 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X WMIU 0H- AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 84WBGBK7576 07/10/13 07/10/14 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: Fite Road from McLean to Veterans Drive- City of Pearland is included as additional insured for above coverages except WC as required by written contract. Waiver of Subrogation is included in favor of additional insureds. Project Specific Certificate will be provided at a later date. CERTIFICATE HOLDER CANCELLATION CITYOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Trent Epperson AUTHORIZED REPRESENTATIVE 3519 Liberty Drive /1 Pearland,TX 77581 W .' ' I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Client#: 153896 COBBFEND ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)12/20/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Southwest PHONE 713 490-4600 FAX AN 713-4904700 (A/C,No,Ext): ( C,No): Three Memorial City E-MAIL ADDRESS: 840 Lessner, Suite 600 INSURER(S)AFFORDING COVERAGE NAIC# Houston,TX 77024 INSURER A:Hudson Insurance Company 25054 INSURED INSURER B: Cobb, Fendley&Associates, Inc. INSURER C: 13430 Northwest Frwy Ste 1100 INSURER D: Houston,TX 77040 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER JMMIDD//YYYY) (MM/UDDY ) LIMITS GENERAL LIABILITY EACH GOECCCUURRRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea orPence) $ CLAIMS-MADE I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PO- -1 POLICY JECT LOC $ AUTOMOBILE UABILITY COMBINED SINGLE UMIT (Ea accidenQ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Peracddent) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION VeC STATU- OTH- AND EMPLOYERS'LIABIUTY Y/N TORY OMITS FR ANY IPROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ A Professional AEE7268301 10/14/2012 10/14/2013 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Fite Road from McLean Road to Veterans Drive. This Certificate is issued in respects to above referenced. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF City of Pearland THE EXPIRATION DATE ABOVE THEREOF,,DESCRIBED NOTICE IEWIB C WILL BE CANCELLED V N DELIVERED BEFORE Attn:Trent Epperson ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive Pearland,TX 77581 AUTHORIZED REPRESENTATIVE � ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S9141823/M9006311 DYNZP ATTACHMENT G ATTACHMENT G TxDOT DOCUMENT AND riCi QQRMA1ION.EXCHANGE HOUSTON DISTRICT PROCEDURES House Bill 6 enacted by the 63rd legislature, established uniform procedures for the transmittal of Texas Department of Transportation(TxDOT)information to outside parties. This procedure is currently being successfully used for documenting the transmittal of computer data. The following corollary procedure has been developed to assure uniform transaction documentation, adequate storage environments, and sufficient information to enable indexing and shared access of computer media received. Exchange of project files between the Project Engineer and the Consultant/Contractor may be easily handled using our FTP server. Instructions for the use of FTP,see page 14 of 17,can also be found internally at http://houwwwcnl/g:Coups/informationsysterns/fags/FAQframesPage.htm. If FTP can not be used, deliveries of virus-free CDs containing project files by the Consultant/Contractor are to include a completed MEDIA INFORMATION FORM (hardcopy sample attached). Upon final approval and acceptance of the job, the Project Engineer will send all project files and one copy of the MEDIA INFORMATION FORM (if applicable) to Network Operations in Information Systems for archiving, indexing, and subsequent retrieval. Information and instructions regarding the archiving of design projects may be found internally at li t+:/'iatvAvWE :l�,i . -. a Nf+ q n 0A.ste i3, /fall OA.* s . ii' ' a e.Iti ii The information on archived design projects will be available for use by all TxDOT employees. No media will be accepted by a TxDOT Project Engineer without a properly prepared MEDIA INFORMATION FORM. It is the additional responsibility of the Project Engineer to assure all files received from a Consultant/Contractor meet TxDOT standards whether via FTP or on CD, DVD, or USB memory stick. To enable a workable procedure that will benefit all computer users, information on files delivered by CD must also be included as follows: 1. Use the MEDIA INFORMATION FORM to document any existing Consultant/Contractor prepared,original,computer media in your possession. 2.. Review the prepared forms and determine that adequate indexing information is available. Based solely on the information contained on the form, one should be able to determine the media contents. A. If existing media documentation is adequate, forward the media and the • completed requisite form to Network Operations. B. If existing media documentation is inadequate,review the contents of the media locally and complete the documentation prior to submitting to Network operations. Page lof16 (Revised 10/08) ATTACHMENT G SPECIAL PROVISIONS. STANDARDS Ai+ REOY2EMENTS PURPOSE: The purpose of the following Special Provisions is to identify and define TxDOT's Information Systems requirements and approved procedures to facilitate their use. Recognizing that TxDOT has a significant investment in hardware, software, and training of personnel engaged in automated plan preparation, precautions are required to assure that the products of this contract are compatible with that investment, It is TxDOT's intention that: The Consultant/Contractor shall provide virus-free files. The virus-free files provided, using TxDOT's hardware and software, must display as plotted and subsequently plot as displayed without conversion, translation, or additional manipulation. In as much as the goal of this contract is to obtain the Consultant/Contractor's original engineering products, no conversion or translation expenses incurred by the Consultant/Contractor shall be charged to,or be paid by,TxDOT. GENERAL 1Z_Of i1IEI'�ITS«; Due to the variety of hardware and software available in each section and area office, and to assure the compatibility of files received and data exchanged,the Project Engineer will indicate all approved media(s) and data format(s) on the included APPROVED PRODUCTS.LIST. The Consultant/Contractor shall provide, using exclusively the products selected from the APPROVED PRODUCTS.LIST,virus-free files and data conforming to the column spacing and format conventions required by TxDOT programs unless alternately directed by the Project Engineer (see attached Column and Spacing Formats section of these Special Provisions). The Consultant/Contractor shall scan the media for viruses prior to uploading via FTP or delivering any files to TxDOT. It is the Consultant's/Contractor's responsibility to solicit any additional information that may be required to assure that all media, files and data formats are 100 percent compatible with TxDOT's information resources. MICROSTATIQN..GRAPHICS.FILES: The Consultant/Contractor shall be furnished,on the Department's choice of media listed on the attached APPROVED PRODUCTS LIST,the following information: 1. TxDOT's File Examples 2. TxDOT's Plot File Examples 3. CARD File Naming Convention Guideline for the Houston District Page 2 of 16 (Revised 10/08) ATTACHMENT G www.dot.st ate.tx.us/tsd/geopak/txdotcadd.htm) 4. Font characteristics and pen tables consistent with TxDOT standards. (Standards Attached) 5. Completed Consultant/Contractor media index showing name and contact information for computer systems utilized by the Consultant/Contractor. (Form Attached) 6. GADD File Naming Convention Guidelines for the Houston District. (Standards available internally at Link:tittp://houtxdocslhoubcdocs/inks asp?id=HOUSTON004622631) MINIMUM MICROSTATIQNGRAI'jIIC FILE REOUIREMENTS: As a minimum requirement,the MicroStation.DGN graphic files shall be comprised of elements defined with the following graphic entities and attributes. Required graphic entitles: Line 2 connected points that form a single entity Line Strings - a series of connected points that form a single entity Polygon a series of connected points that form a closed entity Circle - the geometric definition of a circle(not a line string) Arc - a segment of a circle(not a linestring or polygon) Symbol - a group of graphic entities that form a single entity Cell - a named,retrievable symbol Required entity attributes: Level - a drawing layer that can be selectively turned on or off Line Weight - a line weight(width) Line Style - a line symbology(dashed,dot-dash,etc.) Color - a color code All plots and graphics media provided as a result of this contract shall become the property of TxDOT. Page 4 of 16 (Revised 10/08) ATTACHMENT G APPROVED PRODUCTS LIST (TxDOT:Check the appropriate media.) Microcomputer and High-End Data Format Workstation Media Types CD-ROM - Intel.. DVD-ROM . ...In tel • _USB Memory Stick Intel • rOSSIBLE SOk;'I'WARE (TxDOT: Check the appropriate software.) ntoT version number ins±< o . vk Word Processors Spreadsheet Programs Microsoft Word ' M"icrosoftExcel • t: Database Programs r Operating System Microsoft Access Microsoft XP CADD Software Bentley MicroStation is it Bentley GEOPAK Page 5 of 16 (Revised 10/08) ATTACHMENT G ,TEXAS DEPARTMENT OF TRANSPQRT4TION MEDIA INFORMATION FORM, FIRM NAME.:_....... _ FIRM CONTACT __---._: _„PHONE NO.a...-__... Email ADDRESS . ..... ,_.. TxDOT CONTACT MEDIA OPERATING SYSTEMS,;•. ., MEDIA FORMAT._ .. R•-_ ._ LIMITS ACCOUNT/CONTRACT NO..,,.,.Y._, �.__..._... -..::: .. . __T ._ ..... . CSJ NO. HIGHWAY NO, THE FILES HAVE BEEN SCANNED FOR VIRUSES AND ARE VIRUS FREE:. (EXAMPLE FOR THE MEDIA LABEL: THE FILES LISTED ON THIS FORM THAT ARE ON 2 OR MORE MEDIA MUST BE LABELED WITH THE CSI NO. 0999-99-9999 AND NUMBERING SYSTEM OF 1 OF 2,2 OF 2.) MEDIA LABEL ,.,,.,:.._ OF _. TO BE COMPLETED BY HOUSTON DISTRICT INFORMATION SYSTEMS PERSONNEL RECEIVED BY: :.._...._._..._ ...� ..,, f DELIVERED BY:, ' SPECIAL INSTRUCTIONS:. -.. . Page 6 of 16 (Revised 10/08) ATTACHMENT G DRAWING INDEX CSJ NO. IIIGIIWAY NO. MEDIA LAl3EL OF ACCOUNT/CONTRACT NO. - DESIGN FILE t DESCRIPTION/STATION LIMITS SIZE SHEET t• REFERENCE NAME 102ra101.dgn Alignment File . - • 41. 1 " - r •- I _ r _ . ; 1- — - . Page 7 of 16 (Revised 10/08) ATTACHMENT G •.'fit .0 CSJ NO, DRA INSI TTTLE W AY _TiOADW le a AND'?O DESIGN FILE NAME la ST flQN LIIt a ..:-.: - STET NO RtPA9D 16+0_:T O 1057-,00 107 •RF. , REFERENCE FI ;B NAME_ y REFERENCE DESCRIPTION I• ALIGN.DGN .sNTAL.,4LIGNII�VTFILE. _.._,.:._ BGEOMD . - -- B-17GE`GEOMETRY FILE 3; .DTOPO.DGN DESIGN?OcPOGRel.i. I'_ _ . . .,R. OMDGIV _.... .__ — - ROAD.r. Y oRCMETRYI PPSItITOLDGN REF BORDER FOR ROAD PLAN AND _. .PROFILE. IY1x£ 6 RDB'YPRO DGI_..s. r_. BELTWAY 8 PROFILE 111111111111111111111 t^F.t.t,LIBRARY. - b GE GEE_ �__. GE PLTT - - — PLO?' _OF�G, • .... '_ ---...�_._� ms... ... .: ..,.. ..{.. -._ • • Page 8 of 16 (Revised 10/08) • ATTACHMENT G PLOTTING INFORMATION CSJ NO. HIGHWAY NO, . . MEDIA LABEL OF ACCOUNT/CONTRACT NO, , PLOTTING INSTRUCTIONS: COLOR TABLES PEN TABLES • CELL LIBRARIES • PLAN SHEETS(DGN,FILES) PARCEL SKETCHES(DGN FILES WITH DIFFERENT DESC) EXAMPLE DOCUMENTATION AVAILABLE AT YOUR REQUEST Cell Library • Plotting Pen Tables Menus Seed Files • Page 9 of 16 (Revised 10/08) ATTACHMENT G CONSULTANTS STANDARDS MEDIA DOCUMENTATION This Media contains standard MicroStation cell libraries,plotting pen tables,menus,and seed files used by the Houston District of the Texas Department of Transportation and is provided to Consultant Contracting Projects. DRAFTING STANDARDS AND GRAPHIC SEED FILES: bttp://www.dot.state.tx.us/tsd/geopaldtxdotcadd.htm CELL LIBRARIES: FILE NAME DESCRIPTION c sheeted Standard Sheets for English Projects Cell Library advplan.cel Advanced Planning Cell Library gdb 1000.cel Houston District Standard Cell Library schplan.cel Schematic Planning cell Library sign.cel Sign Cell Library Page 10 of 16 (Revised 10/08) ATTACHMENT G WORKSTATION COLOR TABLES:' FILE NAME DESCRIPTION 32color.ctb 16 Colors Color Table v256color.ctb 256 Colors Color Table(Houston District Standard) schplot.ctb Advance Planning Color Table FONT LIBRARY: FILE NAME DESCRIPTION txdot.rsc Standard Font Library GRAPHIC SAMPLE FILES: FILENAME DESC1IPTION 192gt01.dgn Sample Houston District Title Sheet 192pp06.dgn Major Freeway Section(portion of State Highway 6) 192ppOl.dgn Non-freeway Section(portion of State Highway 6) distl2.dgn Reference file for 192gt01.dgn dl2ant.dgn Reference file for 192gt01.dgn 192r2d01.dgn Reference file for 192gt01.dgn, 192pp06.dgn,and 192pp01.dgn 192ra101.dgn Reference file for 102gt01.dgn,,192pp06.dgn and 192pp0'.dgn 192rg01.dgn Reference file for 192gt01.dgn,and 192ppO1.dgn Page 11 of 16 (Revised 10/08) ATTACHMENT G Planimetri.c.J:DTM Photogramriietip' ea`tfire` -` I DWI AAicrs tihrryBNarne laver Cohn oi- - " ---.— _ _ _ - Honzontal Control,Pntieipal_gc int - 1 inn p control gmnn(1 ctrl .1 _ Paved Road, 2 Curb es p road paved,curb Dirt Road 4 _ ,stes_ pu roast girt___ _: 3 -_- , Guad Rails_ - 'i o road u_ d i W 4- Guard.Feces -_- i o . road t t. • fence 5 Guard Posts _ _ ,o..._.,•.._- p road guard.post ,7. 0o1i-rete ilarrier __ _ - p0 _ _ r'oad.Qoiti ,biarrtef 6 Faint Stripe Solid and nislied ' p road paint stripe 62 Bridge End as p road bridSepnd�.___.,9 ' ' Cattle ..-- - -....... a Ovirbeici$1,gn ,"�: __,�_�._.. .___ no-----p road overhead sign 7 General Road Feature no p road general 7 -_,. --.-._ - _ ._._..... ,**We _1 . r.. ter, - . .. Railroad Track RR Controls- . _ no )1.railroad s control .t0 3'. Cnr Dare r y pudrainae cone dam, 27 concrete Drain yes p drainage cone drain:28 Earthen bar yes p_dtainage earthen ; 26 _ - - -- a: ,, ■R:ipraR . as p drainage riprap 8 •Culvert yes -p. e.ciitvert _ i lila: .._ - - :.. _. _._ yes pp dra>a age inlet 9 'Rater_ . _ _ i vs. _ }p drainage water 25 . Marsh es P drama;Se marsh �•24 - . _ly �., • ' • `Btdldang-_, _... ,.: —_ no . i._structure building =1.1 . Ruin no p structure ruins ,f 12 ` Sidewalk , _ no.__ tival re sidewalk _V S Povili-Deck _ no p structure porch 15 Stairs,Steps _ ::16.,1• p s tars -16 5 Fence,Sate . it .:: .__r Y no R structure fence 17_. Rct uung Wall _ 7----1. __ no ^ _ .,p structure ret wall 1 18 Wall no ,p. structure wall . 18 Cemetery .. no _-p_structure cenie#e y..J.21_-- B1llbod no g strSiEfure billboard: 21 . S1 ,: ' fares S ign Post,,._ _ no p, structure sign i 21 Antenna,Cellular Tower,Satellite no p structure antenna 1 20 Disk__ __ _ r Page 12 of 16 f .. t (Revised 10/08) ATTACHMENT G Windmill no '!p structure windmill . 23 Flak Pole ._:...,.,.---�..... _.:;:no_...... .. .structure flag pole 20 �. ' `po.�_.M_,_,. structure pips -. • Tank— - !to p structure tank 't_23 Lr . Area Under Construction --_. , io 'p_structure constx X12 , :area • :General,AC Unit,Goal Large,Small no pstructure general 2 � ' Circle. ........ ,- Upidenritifiedlreature=. zio p structure :23 :,,,..... .-.-. -- ..`-- „ t -_ ^ °- . Utility . nn a .=± Fire'H drant no ep utility fire hydrant 20 Manhole '7ao_- .1] 1itll '- ulto1e Marker,Mctcr;y_a1v..e,-,,,-._._.:.... ---- °� .. - P u 7'' er _a 2O _- Transmission Tower,transmission ono s_utility trans tower. 20 4 Line le_tine _,._ _.. r o_ - .. utitk i i. lice _22 General,Pale P.le LP,_TFP,LP ; Traffic L ktk Gas Light no.-_ utL11t) gene l pole :?.0 •Vegetation .�_.. nn ,. .sr- i 29 Tree uo p veg,;tree ! 9•J.:. Tree Farm - - -.._ -- -—..- no �= veg tree farm � 30 _I -sue 'fine Q_rcFard ..--.._ ..„,,. , po .._ p eg;tr i orchard ,29 , ,Palri_ . r __. no p ve palm 1 29 Dl F Terrain Model ! - :,. .- _.�....,.- -' > aklute.f.... -:. tmi_ltrea1dine ferieral Breakliiie- `_ - _ yes p_dtm general 53 • etuAning Wag ll 3rf,n4d ne_....—_-.___ tb free ..._>i*111, 4 Std iiirO $ eakline.._._ _ des _p dtm sidewalk 43 I_ Mass Points dtm mass points $ Watet Q1seured ,_.. :. _ . : .es _ -water o1 cure 45 - d Obscured.Area ._- - _._ dt obscured area.' 41 Wit aigd Fill Area yes_., R dtruyit or fill area 24 'Stock Pile - ' dta.hock pile l• Page 13 of 16 (ReviRed 10/08) ............ .. ATTACHMENT G How to Use WSFTP program This tutorial is designed to help users setup their WSFTP program.What Is FTP all about? Vary briefly, FTP(File Transfer Protocol)is used to transfer programs or other information from one computer to another, •' This simple tool will let you do many things, qi download software, • upload data tiles to remote file servers, ■ transfer information between your local computer to a Virtual Web Server, • and more. The following is a graphical overview of how FTP services work. Workstation running FTP client software 0T—ow- ▪ 1-421'_ = s user to is , 6,16 tOre FTPAentr,;._ • Remote NetWare server ra FTP protocol jrunning any version of NetWare) ;a' without the FTP service „., a, W _ NetWare NCA protocol if►er•1o9t 1(1;0 : T Neare server e user B & ▪ (running the remote NetWare ▪ FTP servrce) e remote server • 8' e.b.___:. •orri the ommand line. , Figure 1—CverMewofFTP services i • ATTACHMENT G How to Use WSFTP program Step 1 —Setting up your session Transfer Setup:There are a few critical things that your FTP program needs to know before it is able to transfer files. ▪ Host Name: This is the FTP address of the site to which you wish to connect. This will vary depending on your objective. As in the example below—the host name is TXDOT-HQ50. . Host Type:The type of computer you are trying to connect to.In this case,your host type will always be NetWare vd. l Initial Remote Directory:The initial remote directory is predefined by Novell as your user home directory. If this does not exist,it will default youto the system directory. ki Initial Local Directory:This is the directory on your own computer to or from which you wish to transfer files. You can leave this blank and the program will automatically select the directory in which your FTP program is,or if you are doing Web uploading,for example,you can specify the directory on your own computer where you keep your Web pages. • Username and password:If you are connecting to TxDOT.your TXDOT username and password will work. If you are connecting to another site that requires username and password, you will have to use your username and password for that particular site. Se,..„ion I'told,. r � " 1 P user defined name ` 3 z a -1 .; 11n w �rz, �.s . _, Ti :ice� T t U'a• -7 rititt a ST IIQSD { -a Mi( z, r • ;3 y fi, i + a E ; a: i eZ Isd cam div > 3 -. - ._w...... s 1iid L 1 T I � .vim l�f - ,. ? mac- --- - .r.--: — `-_.-`. '3 WIIIIIMEMIll ...-._._�-�r�.—=s*�-+szz-.--sro-_^`.a`-= r ��1-_rr..�_-�...-.,..;.=c,�s._:__ _.__�:.._� figure 2—Sesslen Profile Once you have filled in this information,you would then dick on the save button. This will save your session information so that you will not have to retype the information each time. Once you are readyto connect,simply click on the"OK"button to attempt a connection. ATTACHMENT G How to Use WSFTP program Step 2-Transferring flies Once you are connected:to the FTP site,you should see a screen like the following,, • i i'v/s.,J)tieti rt. Ei s 0 '.progran Fites'.WS_FTN 4 ,.ut3r27use •X z€ i, noeplete,wnv 980815 t f °4 • Yl;�..ttin 964618 011-4,0 titi connrLL way 980816 0-�' Jan95 950404 00,;0 i. • t'i error.wa, 980816 2 ® 51 'aeil 981124 10;41 Q n i5 pa-order,wri 900816 24. ry J4 .1 940722 00.1:0 1 Sao 'renew®.axe 980816 23 3.d saapeas 984714 204:2'..i!� • • „ whatanew.txt 980816 Ffd 4 �T$ t .L.la rn,l 981119 2 °3 3j},t USFTP,GTD 901024 { •procre.l 971004 004'0 p�- r 138_FTP4h1p 990816 c [ n j�® ,addreast:iook 940715 OQy) aK 3itL- • =4 j tti-W SFT?.ini 981130 it s .addressbook,". 961230 00101' AR t - t 4194...FTP95.ewte 990816 s [� ,cshro 980415 00...0 •�v$FT832.dI1 980916 a - ifesWe itfi ,,-shra,old 941006 0010 • [ `� d igroans 958222 Old-0 _' �• I.grelP �o( �.i.��i ,�1 Ltf ter-- ---�,r:..� s±-�n- c� ± met- ,..... - "s-x Figure 3-Vile transfer window On the left side,you will see two screens top and bottom-The top left screen is a listing of your current drives on your system.. The bottom left screen Is a listing of files of the directory you are currently in on your hard drive.,Tr change directories,simply double click in the top left window on the two dots". . Your screen should now look like this. To transfer files from your local system to a remote system: • 1.„ Co the left side (Local System)of your screen,navigate to the file thatyou want to transfer. Click once on this file to highlight it, Do not double click;, 2, On the right side(Remote System)ofypur screen,navigate to the directory where you want to transfer the file to. 3. Click on the -4 button in the center of the screen to transfer the fife from the local system to the remote system. • To transfer files from a remote system to your local system' 1 • On the right side(Remote System)of your screen,navigate to the file that you want to transfer. Click once on this file to highlight it, Do not double click, 2: On the left side (Local System)of your screen,navigate to the directory where you want to transfer the file to, 3. Click on the F button in the center of the screen to transfer tee file from the remote system to the • local system. • , •Donal assistsnc 1rl as e:catateet e.X.f-leedc l:- •• Page 3 ATTACHMENT H OVERVIEW MAP CITY OF PEARLAND - FITE ROAD - .,,;r' , , - ' ' , : ...'i - .-,''.-2 . ILI,/ '- . ,0111 .. . }! 4D tat ' "' R, Ili it t, ' I. T { • �@ wLti � It Vendor Application.2 of 2 paces VENDOR The City of APPLICATION PEARLAND, TEXAS Purchasing Services Department, 3519 Liberty Drive, Peariand, Texas 77581; Tel 281.652.1668, Fax 281.652.1738 ********************************************************************************************************************** 1. General Information: Persons or Businesses interested in being included on a City of Pearland Vendor List must submit this application along with a commodity listing to the Purchasing Department. It is the vendor's responsibility to notify the Purchasing Department of any changes to the information supplied on this application. It is the vendor's responsibility to request bid invitations. Bid Invitations with expenditure in excess of$50,000 are advertised in a Pearland,Texas newspaper. Bid Invitations and Quotations are issued via US Postal service,fax or Internet based on the buyer's professional experience and knowledge of a firm's product or service. Vendors will remain on the vendor list as long as bid requests are returned containing price quotes or request to remain on the list.Vendors who return numerous No Bid"responses or requests for remaining on the list may be deleted from the vendor file. The City reserves the right to remove a supplier from our vendor list for failure to respond to bid requests,failure to deliver merchandise within promised time,or delivery of sub-standard merchandise or services. 2. Date: 8/12/2013 []New Application [ ]Add Commodities [X]Name/Address Change [ ]Delete Commodities 3. Applicant's Name and Mailing Address for Bids and POs 3.1 Mailing Address for Payments(if different from item 3.) Cobb, Fendley & Associates, Inc . 13430 Northwest Freeway, Suite 1100 Houston, Texas 77040 contact: Ami Goudie, P.E. Contact: Dale Conger, P.E . Tel: 713 .462 . 3242 Tel: 713 .462 . 3242 Fax: 713 .462 . 3262 Fax: 713 . 462 . 3262 Email: agoudie @cobbfendley. com Email: dconger @cobbfendley. com 4.Type of Organization(Check One): [ ]Individual [ ]Partnership [ ]Non-Profit [X]Corporation,State of Inc.: W-9 Information: Federal I.D.# 742192879 or Social Security#: ,How Long in Present Business: 33 5. Type of Business: [ ] Manufacturer [ ] Factory Representative [ ] Wholesale Dealer [ ] Retail Dealer [ ] Distributor Construction: [ ] Unlimited Contractor [ ] Limited Contractor X Engineering Consultant Number of Employees 202 Annual Gross Sales$ 25 Million Inventory Dollar Value$ 6. Corporations and Partnerships-Please supply the following information: President Dale Conger, P.E. Secretary Stephanie Funk, P.E. Treasurer Dale Conger, P.E. Owners or Dale Conger, P.E. Partners Owners or Stephanie Funk, P.E. Owners or Mark Sappington, P.E. Partners Partners Owners or Monica Silver, P.E . Owners or J. Cal Bostwick, P.E. Partners Partners Owners or Owners or Partners _ Partners 7. CONFLICT OF INTEREST:Applicable state law,TLGC Chapter 171. Personal interest in City Contracts;No member of the City Council or other officer or employee of the City of Pearland shall be directly or indirectly interested in any work,business or contract,nor be the surety on the official bond of any officer of the City for the performance of which security may be required. Any violation constitutes malfeasance in office,and any offer or employee guilty thereof shall be subject to removal from his office or position. Any violation with knowledge,express or implied,of the person or corporation contracting with the City shall render any contract voidable. 8.Persons(agents)Authorized to Sign Bids,Offers and Contracts: Vendor Application,2 of 2 pages Name/Official Capacity Telephone No. Fax No. E-Mail Address dconger @cobbfendley. com 713 .462 . 3292 713 .462 . 3262 dconger @cobbfendley. com 9. Applicant is to list commodities and/or services they wish to offer the City of Pearland. (Vendor may attach listing)If NIGP classification is unknown,list commodities&services only. Alphabetical listing of codes may be found at www.windowstate.tx.us/procurement//com_book/alpha_index.html NIGP Code Commodity or Service NIGP Code Commodity or Service 925-17 Civil Engineering 925-33 Engineering Services, Professional 925-28 Drainage Engineering 925-49 Hwys ; Sts;Airport Pay-Park Lots-Enc 925-70 Municipal Engineering 925-86 Surveyor Services, Land 10. List three reputable Pearland or Houston trade area businesses you currently serve: Business City/State Contact Name Telephone 11. Insurance and Bonding Coverage. Check the type of insurance coverage carried: [X] contractors general liability;[ ] auto; [ ] garage-keepers liability;[ ] workers compensation;[ ] bonding insurance,up to$ . 12. Texas Residency Requirements for Bidders: Pursuant to Texas Law V.A.T.S.Article 601 g.section 1&2,the following information is to be completed: Is your principal place of business located in Texas? X YES, No. If no,does your state have a local preference statute? YES, NO; If Yes,non-resident bidders must submit a copy of any statutes applicable to Texas resident bidders in the state of your principal place of business. DEFINITIONS: A"non- resident bidder"means a bidder whose principal place of business is not in Texas,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A"Texas resident bidder"means a bidder whose principal place of business is in Texas,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 13 Disadvantaged&Women Owned Business Certifications: The City of Pearland is committed to assuring that all businesses aspiring to do business with the City are given a prompt,courteous and equal opportunity. Misrepresentation of facts will disqualify the bidder. a."Disadvantaged business"-means any business(1)which is at least 51 percent owned by one or more socially and economically disadvantaged individuals;or,in the case of any publicly owned business,at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals;and(2)whose management and daily business operations are controlled by one or more of such individuals. b."Women-owned business"-means a business that is at least 51 percent owned by a woman or women who are U.S.citizens and who also control and operate the business. The undersigned certifies that this firm: [ ] IS, [X] IS NOT a disadvantaged business enterprise(DBE); If yes,check one: [ ] Black American; [ ] Hispanic American; [ ] Pacific Asian American; [ ] Native American. [ ] Firm: IS, [X] IS NOT a women owned business enterprise(WBE). 14. I hereby certify that signee is authorized agent for applicant and information supplied herein is correct. Failure to complete or falsify the information required may be cause for disqualification of bidder. Authorized Agent for Firm: Dale Conger, P.E. , President Firm: Cobb, Fendley & Associates, Inc . Authorized Signature Date 8/12/2013 For City Use Only Vendor No Primary Secondary Buyer Review Date CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. ,J Name of person who has a business relationship with local governmental entity. N/A- Cobb, Fendley & Associates, Inc. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Form -9 Request for Taxpayer Give Form to the (Rev.December 2011) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Cobb, Fendley &Associates, Inc. N Business name/disregarded entity name,if different from above a) m °° Check appropriate box for federal tax classification: ° ❑ Individual/sole proprietor SI C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate c G Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► ❑Exempt payee O 2 CN C a 0 ❑ Other(see instructions)■ E Address(number,street,and apt.or suite no.) Requester's name and address(optional) v S. 13430 Northwest Freeway, Suite 1100 ° City,state,and ZIP code a) U) Houston, Texas 77040 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line J Social security number to avoid backup withholding. For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 7 4 - 2 1 9 2 8 7 9 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of �. p / 08/12/2013 Here U.S.person I. �l(.WU{/( EftarWI/ Date► General Instructions Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231 X Form W-9(Rev.12-2011)