Alamo RMA Board of Directors Meeting Agenda November 20, 2014
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Transcript of Alamo RMA Board of Directors Meeting Agenda November 20, 2014
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 2: Approval of Minutes
Approval of the minutes from the Board of Directors Meeting of October 16, 2014.
BOARD OF DIRECTORS
JOHN CLAMP
CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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Alamo RMA Board of Directors Meeting Minutes for October 16, 2014 Page 1 of 5
BOARD MEETING Thursday, October 16, 2014, 3:00 p.m.
San Antonio River Authority, Board Room 100 E. Guenther Street
San Antonio, Texas 78204
Minutes 1. Call meeting to order. Chairman Clamp called the meeting to order at 3:08 p.m. Members
present: John Clamp, Gavino Ramos, Reynaldo Diaz, John Montford, Ramiro Cavazos, and David Starr. Members absent: Tommy Calvert, Jr.
2. Approval of minutes from the Regular Board of Directors Meeting of September 18, 2014.
G. Ramos made motion to approve the minutes as presented to the Board of Directors. D. Starr seconded the motion. All voted in favor.
3. Executive Director’s Report Renee D. Green presented.
a. Status report on GEC work authorizations Negotiations and preparation of the Master Agreements are under for the two General Engineering Consultant contracts. Currently, there are five open Work Authorizations (WA) with HNTB under their existing General Engineering Services contract.
1. Work Authorization #18: General Public Involvement Support – Work this month on the community relations effort contract.
1. Continued grassroots outreach 2. Provided TV budget/strategy 3. Recorded traffic sponsorship 4. Design/coordination of print ads 5. Coordinated District 9 Alliance presentation and attended meeting 6. Additional meetings with local associations
2. Work Authorization #20: US 281 GEC Engineering Services and Environmental
Support – No work this month 3. Work Authorization #21: Loop 1604 GEC Engineering Services – No work this month 4. Work Authorization #24: US 281/Loop 1604 Interchange – No work this month 5. Work Authorization #27: US 281 Investment Grade Traffic and Revenue Study – Work
this month on the investment grade T&R study: 1. Coordination with RMA, TxDOT, and Stantec on other ongoing traffic revenue
studies in the region 2. Ongoing data analysis 3. Submitted draft line diagram to RMA for confirmation 4. Ongoing coordination with Alamo Area MPO to obtain the latest versions of the
2020 and 2040 networks and databases 5. Ongoing socioeconomic review and coordination 6. Ongoing base year model development
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Alamo RMA Board of Directors Meeting Minutes for October 16, 2014 Page 2 of 5
b. Monthly Update on US 281/1604 Interchange Project
1. Project is 100% complete. Final Acceptance letter was sent January 31, 2014, waiting on TxDOT and FHWA concurrence.
2. Alamo RMA and Williams Brothers have reached a settlement agreement.
c. Monthly Update on US 281 Environmental Impact Statement 1. Work Authorization No. 4B: Design Schematic for the Preferred Alternative and
Environmental Impact Statement – Work this month included: 1. Ongoing project management and coordination 2. Ongoing community involvement including responding to comments on the
411on281 Website and US 281 email account, monitoring social media and preparing an Open House summary report
3. Submittal of the revised Preliminary FEIS, submittal of the Historic Resources Survey Report, and attended meetings with the RMA, TxDOT and USFWS
4. Revision of the Schematic per TxDOT comments
1. Work Authorization No. 5: Right-of-Way Mapping – Work this month included: 1. Ongoing boundary surveys on ROW take parcels where Right-of-Entry (ROE)
has been received 2. Ongoing preparation of the preliminary ROW plan sheets 3. Ongoing analysis of individual parcel boundaries where ROW takes are
proposed 4. Ongoing preparation of Metes and Bounds descriptions for individual ROW takes 5. Ongoing preparation of individual ROW take exhibits 6. Coordination with TxDOT ROW Division.
d. Monthly Update on Loop 1604 Environmental Assessment Document
1. Work Authorization No. 5: Environmental Assessment – Work this month included: 1. Ongoing project management tasks 2. Ongoing development of the 1604 project website 3. Continued drafting of the Environmental document including a coordination
meeting with TxDOT ENV 4. Submittal of Build condition for CORSIM traffic model based proposed line
diagram 5. Submittal of CORSIM analysis documentation 6. Submittal of draft Traffic Report 7. Submittal of draft Drainage Report 8. Ongoing development of the geometric schematic.
e. Monthly Financial Statement:
1. Monthly financial statements for the month ending in September 2014 are attached and include: 1. Balance Sheets 2. Statement of Revenues, Expenses, and Changes in Net Assets 3. Project Costs (Capitalized and Non-Capitalized) 4. Statement of Revenues and Expenditures
Question by J. Clamp: Requested staff and the DeBerry Group to setup a District 10 Alliance meeting and how did the District 9 Alliance meeting go? Response by K. Epp: We will work on getting a meeting setup. Response by R. Diaz: The District 9 Alliance meeting was very well organized and well attended. Great job by Renee Green and Alamo RMA staff. Response by R. Green: Very productive meeting
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Alamo RMA Board of Directors Meeting Minutes for October 16, 2014 Page 3 of 5
Question by J. Clamp: What is the status on the signage/plaque for the HWY 281 and Loop 1604 Interchange project has been completed. Response by R. Green: Monica Ramos has created a couple ideas on the signage/plaque but it was placed on hold due to the dispute between Williams Brothers and Alamo RMA. Now that the resolution has been reached we will review the signage/plaque and coordinate with TxDOT on the placement to prevent it from being stolen. The report was accepted by the Alamo RMA Board of Directors as presented.
4. Discussion and appropriate action regarding approval of the Alamo RMA Investment
Policy for Calendar Year 2014 and the designation of the Executive Director as the Alamo RMA Investment Officer. Seth McCabe presented The investment policy is an annual requirement of the Texas Public Funds Investment Act (Texas PFIA). In April we discussed the requirements of the Texas PFIA, to include a brief overview of the Investment Policy. Texas PFIA requires the adoption of an investment policy annually. The board last approved a policy on January of 2013. The current policy includes the following as required by the Texas PFIA:
Emphasize safety of principal and liquidity and address investment diversification, yield, and maturity.
Address authorized investments Include the requirement for settlement of all transactions on a delivery vs. payment
basis Standard of care: Prudent person rule – how one would invest his own money Quarterly Investment Reporting Maximum allowable stated maturity
o Current WAM: Commensurate with the short and long term nature of the fund requirements. Short-Term Funds: 30 to 180 days Intermediate-Term Funds: 180 to 360 days Long-Term Funds: 2 to 3 years
o Maximum maturity of individual investments may not exceed 5 years without Investment Officer approval
o Bexar County has an overall WAM not to exceed 365 days Designation of an Investment Officer
o Current policy designates CFO and Comptroller
Currently the Alamo RMA funds are in a “swept” into an investment sweep account (Invesco Government Sweep Trust Account) with an approximate earning of 0.01% (1 basis point). As of August 31st 2014, the Primary Invesco (Sweep) Account $13,359,764 and Invesco Interest Earned for August $1,039. The funds are secured with collateral at a market value equal to or exceeding 102% of daily balance (110% if CMO’s used). Other options for investments are short term by utilizing existing relationships with Frost Brokerage services to purchase individual investments as an alternative to mutual funds. Investment Advisors will leverage Bexar County’s relationship with First Southwest for Investment Advisory Services to purchase investments and issue RFP for Investment Advisory Services. Secondly, issue an RFQ to develop a pool of Brokers/Dealers that will allow the Alamo RMA to deal directly with financial institutions selling investments without the resource of an Investment Advisor and will require additional staff time to obtain market prices. Question by J. Clamp: At the next meeting can staff present three options based on the fund balance for investment. Response by S. McCabe: We can utilize Frost Banking on short-term investments and present the options to the board for long-term investment options in working with the Financial Advisors.
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Alamo RMA Board of Directors Meeting Minutes for October 16, 2014 Page 4 of 5
Question by D. Starr: Using Frost Banking Services with investment in the short-term and long-term will Alamo RMA Financial Advisors by utilizing First Southwest that the County has a contract with? Want to make sure we are leveraging as much as we can in the offering. Comment by J. Clamp: I recommend an RFP for long term investments and need to consider that in early 2015 and let’s try to get some of the existing options completed and look at long-term investments in 2015. Comment by R. Diaz: I am not familiar with First Southwest and who we will be dealing with and what they charge and what they do? The board may want to consider an RFP for investments and underwriting. Comment by S. McCabe: Introduced Greg Morner with First Southwest on what they do as an Investment Advisors for Bexar County. Comment by Greg Morner: Introduced himself and what First Southwest does and as an Investment Advisor to the County. The next steps the Alamo RMA Board of Directors is to adopt an Investment Policy for Calendar Year 2014; appoint an Investment Officer; and direction of managing the investments of the Alamo RMA. R. Diaz made the motion to approve the Alamo RMA Investment Policy 2014 and the designation of the Executive Director or designee as the Alamo RMA Investment Officer. G. Ramos seconded the motion. All voted in favor.
5. Discussion and appropriate action regarding approval of the Alamo RMA Financial Advisors Scope of Work for Work Authorization Number 1 not to exceed $49,275. Seth McCabe presented As Financial Advisor to the Alamo RMA, Estrada Hinojosa & Company, Inc. proposes the following scope of work which shall be initiated at the direction of the Board or Board’s representative. The initial phase of the U.S. 281 Project requires preliminary work to be completed, as described:
o Create preliminary operations and maintenance projections for US 281 Project o Prepare preliminary financing feasibility plan for US 281 Project o Prepare first draft of $230 million US 281 Project SIB loan application o Traffic and Revenue Report Review
In addition, Estrada-Hinojosa will manage the development of a Request for Qualifications for Financial Underwriting Services for the Alamo RMA and will later assist in reviewing responses. Investment Banks selected by the Board as a result of the RFQ will form a pool of firms the Board can later choose from to assist the Alamo RMA in the future decision of a bond issuance. Question by D. Starr: What are the fee’s/hourly charges and they consistent to the fees we agreed to in the final agreement? Response by S. McCabe: Yes the hourly fees are in line with PFM’s hourly fees and are in-line the County’s fee structure. Question by J. Clamp: Can you list out the high level deliverables for the Alamo RMA Financial Advisors WA#1? Response by Don Hinojosa: The deliverables for WA#1: 1. Create preliminary operations and maintenance projections for US 281 project. 2. Prepare preliminary financing feasibility plan for US 281 project. 3. Prepare first draft of $230 million US 281 project SIB loan application. 4. Traffic and Revenue Report Review for US 281 project Level 2 have been received and being reviewed to be incorporated into the financial model. 5. Develop and manage initial Underwriting RFP process.
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Alamo RMA Board of Directors Meeting Minutes for October 16, 2014 Page 5 of 5
Question by R. Cavazos: What is the timing to get the RFP for Financial Underwriting Services and can it be accelerated? Response by S. McCabe: Yes we can November or December 2014. Question by J. Clamp: Is the Alamo RMA on schedule to move forward in general? Response by R. Green: Yes and there is a timing on moving forward on a SIB loan for the best financial instrument. Response by S. McCabe: The RFP for Financial Underwriting Services will be a pool to select from and can be renewed every 3 to 4 years. Question by D. Starr: Can we see a draft of the RFP for Financial Underwriting Services in November 2014? Response by S. McCabe: Yes, it is ultimately the board’s decision and we can present the sample RFP at that November 2014 board meeting and due in December and approval in January 2015.
R. Montford made the motion to approve the Alamo RMA Financial Advisors Scope of Work for Work Authorization Number 1 for not to exceed $48,275. G. Ramos seconded the motion. All voted in favor.
6. Citizens’ Communications (citizens must sign the register to speak)
Chairman Clamp acknowledged individuals who signed up to speak. No citizens signed the register to speak.
7. Executive Session - Pursuant to Chapter 551, Subchapter D, Texas Government Code Alamo RMA Board of Directors did not meet in Executive Session and no action was taken.
8. Adjournment. There being no further action for the Board, Chairman Clamp adjourned the meeting at 3:45 p.m.
APPROVED: _________________________________________ JOHN CLAMP, CHAIRMAN DATE ADOPTED: 11/20/2014 I hereby certify that the above foregoing pages constitute the full, true, and correct minutes of all the proceedings and official records of the Alamo Regional Mobility Authority at its meeting on November 20, 2014. ATTEST: __________________________ REYNALDO L. DIAZ, JR., SECRETARY/TREASURER
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 3: Executive Director’s Report
The Executive Director’s Report for this month will cover the following topics:
A) Monthly Status report on GEC Work Authorizations
B) Monthly Update on the US 281 / Loop 1604 Interchange Project
C) Monthly Update on the US Hwy 281 Environmental Impact Statement
D) Monthly Update on the Loop 1604 Environmental Assessment
This information is included in your packets for your review. There is no action required of the Board on this item.
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: November 20, 2014
Executive Director’s Report
A) Monthly Status Report on General Engineering Consultant (GEC)Work Authorizations
Negotiations and preparation of the Master Agreements are complete for the two General Engineering Consultant contracts.
Currently, there are five open Work Authorizations (WA) with HNTB under their existing General Engineering Services contract.
Work Authorization No. 18: General Public Involvement Support - Work thismonth on the community relations effort included:
1. Drafted materials related to the status of the EIS2. Coordinated print advertising3. Planned timing of future grassroots outreach efforts4. Coordinated with NE Neighborhood Alliance for a presentation
Work Authorization No. 20: US 281 GEC Engineering Services andEnvironmental Support – Work this month included preparation of estimated US281 Operations and Maintenance Costs.
Work Authorization No. 21: Loop 1604 GEC Engineering Services – No workthis month.
Work Authorization No. 24: US 281/Loop 1604 Interchange – No work thismonth.
Work Authorization No. 27: US 281 Investment Grade Traffic and RevenueStudy - Work this month on the Investment Grade T&R study included:
1. Coordinated with Alamo RMA and Estrada Hinojosa2. Coordinated with Alamo Area MPO regarding the latest version of the 2020
and 2040 networks and databases3. Socioeconomic review and coordination with independent socioeconomist4. Developed the base year model
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
3-2
B) Monthly Update on US 281/1604 Interchange Project
Project is 100% complete. Final Acceptance letter was sent January 31, 2014,still waiting on TxDOT and FHWA concurrence.
Settlement documents have been sent to Williams Brothers, currently waiting onfinal approval.
C) Monthly Update on US Hwy 281 Environmental Impact Statement
Work Authorization No. 4B: Design Schematic for the Preferred Alternativeand Environmental Impact Statement - Work this month included:
1. Continued project management and coordination tasks2. Responded to comments on the 411on281 Website and US 281 email
account3. Monitored social media4. Updated the EIS schedule5. Began development of the Biological Assessment6. Revised the Schematic per TxDOT comments
Work Authorization No. 5: Right-of-Way Mapping - Work this month included:
1. Continued preparation of the preliminary ROW plan sheets2. Continued analyzing individual parcel boundaries where ROW takes are
proposed3. Continued writing Metes and Bounds descriptions for individual ROW takes4. Submitted draft preliminary Parcel 1 documents for review5. Coordinated with TxDOT ROW Division
D) Monthly Update on Loop 1604 Environmental Assessment
Work Authorization No. 5: Environmental Assessment – Work this monthincluded:
1. Continued project management, coordination, and administration tasks2. Continued development of the 1604 project website3. Continued drafting the Environmental document including initiation of the
Noise Analysis and initiation of the Impact Assessment4. Began addressing comments for the Traffic Analysis5. Began the IH 10 Interchange Access Justification Report6. Investigated IH-10 drainage flows and reviewed locations of detention basins
and water quality basins7. Prepared and submitted 60 percent schematic
3-3
The efforts this month focused on public and media outreach and the Investment-grade Traffic and Revenue Study for the US 281 Improvement Project. In addition, a draft estimate of the Operations and Maintenance Costs for US 281 was completed.
The following are specific project tasks for which the GEC provided support to Alamo RMA staff:
Technical Support Efforts (281 North): • Coordination with Alamo RMA and Estrada Hinojosa on traffic and revenue study• Coordination with the Alamo Area MPO regarding the latest version of 2020 and
2040 networks and databases (ongoing)• Socioeconomic review and coordination with independent socioeconomist (ongoing)• Base year model development (ongoing)• Completed model runs and submitted T&R sensitivity analysis results for one
scenario on October 17, 2014• Developed draft estimate of operations and maintenance costs
Community Relations Efforts: • Drafted materials related to status of the EIS• Coordination of print advertising• Coordinated with NE Neighborhood Alliance regarding a presentation• Planned timing of future grassroots outreach efforts
GEC ACTIVITIES REPORT October 2014
3-4
U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
October 2014
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U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
Oct 2014
U.S. 281 North/Loop 1604 Interchange Monthly Design/Build
GENERAL SUMMARY- No Change
Construction activity is complete. The Alamo RMA received delivery of the final construction documents from the Design/Builder. However, the dispute over liquidated damages/delay costs is still under negotiation.
CONSTRUCTION ACTIVITIES
• Have been completed
U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
October 2014
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U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
Oct 2014
DBE PROGRESS- No Change
With the December 2013 DBE Progress Report update, the Design/Builder has paid $1,280,524 on DBE contracts for design services and $15,060,674 to DBE contractors for construction services.
The DBE goal is 11.1% for both design and construction efforts. The Design Builder has exceeded the DBE goal for both Design and Construction.
Alamo Regional Mobility Authority (Interchange Project)Williams Brothers Construction Co.DBE Distribution ( FINAL)
WB Contracted Amount- Design 9,585,000$ WB Contracted Amount - Construction 99,512,279$ Design DBE Goal 11.1% 1,063,935$ Construction DBE Goal 11.1% 11,045,863$
DBE Expenditures - Design 13.4% 1,280,524$ DBE Expenditures- Construction 15.1% 15,060,674$
SUPPORTING INFORMATION
DBE Effort Distribution
Contracted InvoicedOmega Engineers 490,105$ 490,105$ GKW, Inc 755,185$ 755,185$ Trekk Design Group 35,234$ 35,234$
-$ Total DBE - Design 1,280,524$ 1,280,524$
Hicks & Company 1,188,889$ 1,188,889$ Indus Construction 4,305,915$ 4,305,915$ Roadway Specialties 1,186,799$ 1,186,799$ JA Manning 3,085,211$ 3,085,211$ ID Guerra 2,429,144$ 2,429,144$ Best in Town, Inc. 2,864,717$ 2,864,717$
Total DBE - Construction 15,060,674$ 15,060,674$
Grand Total 16,341,198$ 16,341,197$
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U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
Oct 2014
SCHEDULE (A Two Month Look Ahead)
Anticipated work activities for the next 60 days include:
• Construction activities are completed. Letter of Final Acceptance was issued on January31, 2014.
FINANCIAL STATUS- No Change
Draw Requests
Draw request #35 was provided on August 12th and approved for payment. A draw summary is provided below. No additional Draw requests have been submitted since.
Draw Requests
Original Contract Amount $109,097,279.00
Authorized Changes $584,177.35
Current Authorized Contract Amount $109,681,456.35
Approved Amount for Work Complete Through Draw #35 $108,981,516.57
Amount Remaining for Work to be Complete $699,939.78
Total Project Complete to Date 99.36%
3-8
U.S. 281 North/Loop 1604 Interchange Monthly Design/Build Progress Report
Oct 2014
GEC OVERSIGHT ACTIVITIES (SUMMARIES) – No Change
Financials
Contracted Amount $9,045,940
Actual Expenditures to Date (through October 24, 2014) $7,288,614
Amount Remaining for Work to be Complete $1,757,326
Total Project Budget Complete to Date 81%
SCHEDULE MILESTONES The Design Builder submitted a project schedule update on October 8, 2013. The schedule reflected late completion of the interim and substantial completion dates. This is the central point of the dispute with the design builder.
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014
3-10
Alamo Regional Mobility AuthorityGeneral Engineering Consultant ServicesDBE and Local Effort Distribution (through 10/24/14)
Total GEC Expenditures (through10/24/14) 17,126,764$ Total Subconsultant Expenditures (through 10/24/14) 41% 7,056,259$ DBE Expenditures (through 10/24/14) 15% 2,571,989$ Local Effort Expenditures (through 10/24/14) 96% 16,461,255$
SUPPORTING INFORMATION
DBE Effort Distribution
Contracted Invoiced % of Total Costs % of Sub WorkArias and Associates 110,827$ 87,109$ 0.51% 1.23%Foster 457,888$ 450,457$ 2.63% 6.38%DeBerry Group 368,973$ 263,695$ 1.54% 3.74%Guerra DeBerry Coody 95,204$ 95,197$ 0.56% 1.35%Kelly Morris Public Relations 36,655$ 10,561$ 0.06% 0.15%Poznecki-Camarillo & Associates 539,206$ 493,091$ 2.88% 6.99%REL 58,663$ 37,009$ 0.22% 0.52%RJ Rivera & Associates 582,052$ 578,243$ 3.38% 8.19%Rodriguez Transportation Group 261,734$ 260,394$ 1.52% 3.69%SSA 10,622$ 16,200$ 0.09% 0.23%Vickrey & Associates 238,306$ 238,306$ 1.39% 3.38%Zara Environmental 16,094$ 16,094$ 0.09% 0.23%Miscellaneous Vendors 52,315$ 25,634$ 0.15% 0.36%
Total 2,828,538$ 2,571,989$ 15.02% 36.45%
Non-DBE Effort Distribution
Contracted Invoiced % of Total Costs % of Sub WorkBaselice 28,000$ 28,000$ 0.16% 0.40%CDM Smith (Formerly-Wilbur Smith Associates) 528,010$ 276,314$ 1.61% 3.92%Civil Engineering Consultants 1,448,101$ 1,377,532$ 8.04% 19.52%Crossland Acquisition 803,706$ 176,380$ 1.03% 2.50%Davidson and Troilo, PC 10,769$ 841$ 0.00% 0.01%Pape-Dawson 1,254,790$ 1,254,773$ 7.33% 17.78%Raba Kistner 1,061,715$ 1,045,913$ 6.11% 14.82%SWCA 63,146$ 63,146$ 0.37% 0.89%Taylor West 109,441$ 109,415$ 0.64% 1.55%Wilbur Smith Associates 54,516$ 54,516$ 0.32% 0.77%eBuilder 116,293$ 97,440$ 0.57% 1.38%
Total 5,478,487$ 4,484,269$ 26.18% 63.55%
Local Effort Distribution
Local Non-local Total % LocalHNTB 9,593,582$ 476,923$ 10,070,505$ 95.26%Subconsultants 6,867,673$ 188,586$ 7,056,259$ 97.33%
Total 16,461,255$ 665,509$ 17,126,764$ 96.11%
DBE and Local Effort Distribution Oct 2014
3-11
US 281 EIS – WA #4B Progress Report No. 64
Page 1 of 2
Date November 3, 2014
To Renee D. Green, Director of Public Works / County Engineer David R. Wegmann, Engineering Services Manager Chris Trevino, Operations Engineer
From Jimmy Robertson, AICP
Subject US 281 EIS – Work Authorization #4B
Period October 1, 2014 through October 24, 2014
A. Activities During Reporting Period (October 2014)
Project Management and Coordination
Submitted invoice and progress report #63
Maintained Project Files and electronic database system
Supported bi-weekly project status updates
Prepared Supplemental Work Authorization #1 to WA #4B
Revised the schedule for obtaining a ROD
Community Involvement
Monitored and responded to comments on 411on281 Website and US 281 EIS email account
Monitored social media (Facebook & Twitter)
Final EIS
Continued developing the Biological Assessment
Draft Preferred Alternative Schematic
Revised schematic per TxDOT comments
B. Activities Planned for Upcoming Month (November 2014)
Project Management and Coordination
Submit invoice and progress report #64
Maintain Project Files and electronic database system
Support bi-weekly project status updates
Update the project schedule
Attend November 20, 2014 board meeting
Community Involvement
Make website updates, as directed by the RMA
Update the schedule on the website following the November Alamo RMA board meeting
Monitor and respond to comments on 411on281 Website and US 281 EIS email account
Monitor social media (Facebook & Twitter)
Coordinate with the DeBerry Group, as directed by the RMA
3-12
US 281 EIS – WA #4B Progress Report No. 64
Page 2 of 2
Final EIS
Revise Preliminary FEIS if needed
Coordinate voluntary conservation measures with Alamo RMA and TxDOT
Submit Biological Assessment to Alamo RMA and TxDOT
Draft Preferred Alternative Schematic
Submit schematic final deliverables
C. Problems/Delays Encountered and Remedial Actions Needed and/or Exercised to Alleviate the Same USFWS is requiring formal Section 7 consultation process. SWA #1 provides for additional time and
resources to prepare a BA and secure a Biological Opinion. Jacobs is proceeding with the work at-risk.SWA#1 approval by the Alamo RMA Board of Directors is anticipated at the November 20, 2014 boardmeeting.
D. Safety Performance Working safely; no safety incidents or issues
3-13
US 281 EIS – WA #5 Progress Report No. 5
Page 1 of 1
Date November 3, 2014
To Renee D. Green, Director of Public Works / County Engineer David R. Wegmann, Engineering Services Manager Chris Trevino, Operations Engineer
From Jimmy Robertson, AICP
Subject US 281 EIS – Work Authorization #5
Period October 1, 2014 through October 24, 2014
A. Activities During Reporting Period (October 2014)
Task 1: Right-of-Way Mapping
Continued working on preliminary ROW plan sheets
Continued analyzing individual parcel boundaries where ROW takes are proposed
Continued writing Metes and Bounds descriptions for individual ROW takes
Continued drawing individual exhibits that correspond with individual ROW takes
Submitted draft documents for Parcel 1 to Alamo RMA for review and comment
Met w/TxDOT District ROW Office to review preliminary ROW maps
B. Activities Planned for Upcoming Month (November 2014)
Task 1: Right-of-Way Mapping
Provide sample work product (parcel documents, ROW map) to TxDOT’s GEC for review
Submit preliminary parcel documents and ROW map to Alamo RMA
C. Problems/Delays Encountered and Remedial Actions Needed and/or Exercised to Alleviate the Same USFWS is requiring formal Section 7 consultation process. Supplemental Work Authorization #1 to WA
#5 provides for anticipated ROW mapping savings to be moved to WA #4B in order to fund theadditional effort related to preparing a BA and securing a Biological Opinion. Jacobs is proceeding withthe work at-risk. SWA#1 approval by the Alamo RMA Board of Directors is anticipated at the November20, 2014 board meeting. Supplemental Work Authorization #1 to WA #5 also provides for a two-monthtime extension, from December 2014 to February 2015.
D. Safety Performance Working safely; no safety incidents or issues
3-14
LOOP 1604 ENVIRONMENTAL ASSESSMENT - BAKER TEAM 1
Loop 1604 Environmental Assessment: SH 16 to Interstate Highway 35
Project Authorization No. 5 Progress Report No. 7
Progress for period: October 1, 2014 through October 31, 2014
ACTIVITIES COMPLETED IN THIS PERIOD:
Task 1.0 – Project Management, Coordination, and Administration Continued PA #5 activities. Performed project management functions including: identifying and
assigning resources to perform the work, communicating roles and responsibilities, supervising the performance of the work, and communication/meetings with RMA/TxDOT personnel on the direction and progress of the work.
Held bi-weekly internal Team calls to discuss project progress/issues. Held bi-weekly project call with TxDOT and RMA. Continued Project Record filing.
Task 2.0 – Public Awareness, Involvement, and Education
Continued working on proposed project website revisions for RMA review and approval.
Task 3.0 – Draft Environmental Document Completing draft Purpose and Need Chapter of document. Continued “Affected Environment” chapter of the environmental document, including
socioeconomics, environmental justice and project specific toll analyses. Initiated noise analysis based on preliminary horizontal and vertical geometry. Initiated impact assessment based on schematic developed to date. Continued to discuss karst invertebrates with TxDOT. Met with TxDOT ENV October 28, 2014 to discuss environmental efforts.
Task 5.0 – Engineering
Traffic Coordinated with design team regarding any design issues. Modified analysis to match latest line diagram. Began to address TxDOT comments on the August 20, 2014 traffic analysis
memorandum. Began to outline IH 10 Interchange Access Justification Report (IAJR).
Drainage Investigating I-10 flows. Waiting for comments. Reviewed locations of detention basins and water quality basins to identify opportunities
to combine as dual purpose basins.
Mapping and Survey Complete.
3-15
LOOP 1604 ENVIRONMENTAL ASSESSMENT - BAKER TEAM 2
Geometric Schematic Coordinated with TxDOT regarding adjustments to line diagram, developing multiple scenarios
for specific locations. Incorporating modifications based on iterative traffic volume results. Updated line diagram based on traffic results and TxDOT coordination. Addressed comments on 30% submittal. Developed vertical alignments. Coordinated with DEC for IH10 connection. Coordinated with HNTB for IH35 connection. Analyzed managed lane thru movements along IH10 across LP 1604. Prepared and submitted 60% schematic. Began progressing design to 90%. Coordinated with drainage/WPAP effort to develop new impervious surfaces based on proposed
geometry.
3-16
Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 4: Discussion and appropriate action regarding approval of Supplement No. 1 to Work Authorization No. 4B and Supplement No. 1 to Work Authorization No. 5 for preparation of the additional Biological Assessment documentation requested by USFWS for the US 281 EIS at no additional cost to the Alamo RMA.
Additional documentation has been requested by the US Fish and Wildlife Service as part of the Environmental Clearance process for US 281. The additional items of work necessary will augment the information contained in the Biological Evaluation and resubmit the document as a Biological Assessment. Scope items are also included to support formal consultation with US Fish and Wildlife. Additional required funding will be transferred from Work Authorization No. 5 due to the availability of unused previously authorized funds resulting in no additional cost to the Alamo RMA.
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
4-1
4-2
October 8, 2014
David R. Wegmann, P.E. Bexar County Public Works Engineering Services Manager Transportation/Flood Control Capital Projects 233 N. Pecos, Ste. 420 San Antonio, Texas 78207
RE: US 281 EIS – Work Authorization #4B/Supplemental Work Authorization #1
Dear Mr. Wegmann:
Jacobs Engineering Group Inc. has prepared Work Authorization #4B/Supplemental Work Authorization #1 pursuant to the terms and conditions of the “Environmental Consulting Agreement” dated April 9, 2009 between the Alamo Regional Mobility Authority and Jacobs Engineering Group Inc. (the Engineer). The Agreement is incorporated herein and forms an integral part of this Work Authorization.
Background:
Work Authorization (WA) #4B focuses on preparing the design schematic for the Preferred Alternative, Public Meeting #4, the preparation, approval and public circulation of the Final EIS, and the Record of Decision (ROD). It includes on-going project management, coordination and community involvement activities initiated under WA#1.
TxDOT submitted a Biological Evaluation (BE) to the US Fish & Wildlife Service (the Service) on September 5, 2014. The BE anticipated that the Preferred Alternative is not likely to adversely affect protected karst species. This was the conclusion of the EIS team biologists and geologists after rigorous study and surveying failed to detect the presence of any protected species in the project area. This conclusion was presented in the April 2013 Draft EIS, which was sent to the Service for review and comment as part of the official EIS public hearing process. Comments on the Draft EIS submitted by the Service did not express any question or concern about the effect on karst species.
Supplemental Work Authorization (SWA) #1 addresses the results of informal consultation with the US Fish & Wildlife Service (the Service) during September 2014. The Service has indicated that they would not support a “may affect, not likely to adversely affect” call regarding protected karst invertebrates and instead recommends “may affect, likely to adversely affect.” SWA#1 1) extends the timeframe for completing WA#4B, 2) provides funding to augment information contained in the Biological Evaluation, 3) resubmits the document as a Biological Assessment, 4) supports formal consultation with the Service under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.), and 5) revises the Preliminary FEIS.
4-3
Scope of Work:
TASK 1.0 PROJECT MANAGEMENT AND COORDINATION
The Engineer, in coordination with the Alamo RMA, will continue to be responsible for directing and coordinating all activities related to the US 281 EIS Project. The Engineer will provide continuous overall project management and quality assurance/quality control throughout the duration of the Project.
1.2 Progress Reports and Invoices The Engineer will continue to submit a monthly Invoice and Progress Report to the Alamo RMA.
Deliverables: • Monthly Invoice and Progress Report.
1.3 Coordination/AdministrationThe Engineer will continue to oversee preparation of all documents and manage all project activities as follows:
Project Coordination and Communications: All Engineer correspondence, coordination and communications procedures will be as directed by the Alamo RMA and as outlined in the Project Procedures Manual.
Project Administration: Engineer will manage all project activities (including scheduled/ unscheduled meetings), prepare WAs, maintain the project files, direct Engineer’s team/staff, and assist Alamo RMA in preparing project correspondence.
Coordination Meetings: Up to eight (8) project coordination meetings involving the Engineer will be conducted under WA#4B/SWA#1 (all meetings to be held in San Antonio or Austin). The Engineer will be responsible for scheduling the meetings, preparing a meeting summary, and maintaining a catalog of all meetings held (date, location, attendees, purpose).
Deliverables: • Support and attendance for up to eight (8) project coordination meetings.• Preparation and distribution of Draft and Final Meeting Summaries.
1.4 Control/SchedulingThe Engineer previously developed a detailed/color (11” x 17”) graphic Project Schedule indicating Tasks/Subtasks, critical dates, milestones, deliverables, and review requirements. This schedule depicts the order and interdependence of various Tasks, Subtasks, milestones and deliverables as identified herein. The Engineer has also prepared a less detailed, color (8½” x 11”) graphic Project Schedule with major project milestones identified.
The Engineer will continue to maintain control of all project costs, monitor project staffing levels, and conduct production management meetings as needed to keep the project activities
4-4
on schedule and to identify actions to be taken or issues that need resolution to keep the Project on schedule. Any issues that need resolution or action will be identified in the monthly Progress Report.
Deliverables: • Project Schedule updates.
1.5 Administrative Record (Project Files)The Engineer previously developed an Alamo RMA-approved electronic database management system for compiling and maintaining the Project Files in a manner that can be easily transitioned into an Administrative Record of the Project, if needed. The Engineer will continue to maintain and populate the Project Files during WA#4B/SWA#1.
Deliverables: • Maintenance of the Project Files.
1.6 Subconsultant ManagementThe Engineer will prepare subcontracts/WAs for subconsultants, monitor subconsultant activities (staff, budget and schedule), and review and recommend approval of subconsultant invoices. Subconsultant Progress Reports and Invoices will be incorporated into Subtask 1.2.
Deliverables: • Subconsultant Progress Reports.• Subconsultant Invoices.
TASK 2.0 COMMUNITY INVOLVEMENT
2.5 Project Website The Engineer will update the project Website for the ROD. The Website will otherwise remain largely as-is. The Engineer will also monitor the Facebook and Twitter accounts as well as comments from the 411on281 website and US 281 EIS email account to identify any questions or misstatements of fact regarding the Project or the NEPA process and provide responses for posting on these sites. Media relations will continue to be managed by the Alamo RMA.
Deliverables: • Project Website update for the ROD.• Monitoring of and responses to Website and social media.
4-5
TASK 7.0 FINAL EIS
7.18 Threatened or Endangered Species
Under WA#4B, following identification of the Preferred Alternative, the Engineer and TxDOT—ENV determined that the project “may affect, not likely to adversely affect” protected karst invertebrates and submitted a Biological Evaluation to the Service. Subsequent informal consultation with the Service resulted in a decision to proceed with a “may affect, likely to adversely affect” call. The Service has requested that additional information regarding mitigation strategies and viable conservation measures be provided in a Biological Assessment (BA).
We assume that costly and time-consuming data gathering and analysis is not going to be required by the Service. The following activity/data gathering exclusions from the SWA#1 scope and fee include but are not limited to: additional presence/absence surveys, electrical resistivity imaging, geotechnical borehole data, genetic studies, cave delineations, surface and sub-surface drainage basin delineation, and dye-tracing. If needed, these services would be subject to additional scope and budget.
The Engineer will prepare additional information to support Section 7 consultation for Rhadine exilis, Rhadine infernalis and Cicurina madla, and prepare the BA in conformance with 50 CFR 402.12(f). The Engineer will modify the BA as necessary for the Service to determine completeness. The Fee Estimate for WA#4B/SWA#1 assumes three (3) revisions of the BA. The Engineer will support formal consultation activities with the Alamo RMA, TxDOT, FHWA and the Service.
Deliverables: • Draft (3 revisions) Biological Assessment.• Final Biological Assessment.
7.23 Preliminary Final EIS The Engineer will revise the Preliminary Final EIS to reflect the outcome of the Section 7 process.
Deliverables: • Revised PFEIS (paper and electronic copies).
4-6
4-7
EXHIBIT 1
Environmental Impact Statement
US 281
From Loop 1604 to Borgfeld Drive
FEE ESTIMATE
October 8, 2014
Work Authorization #4B
Supplemental Work Authorization #1
10/8/2014 Cover 1 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-8
TASK NO. TASK NOTES and ASSUMPTIONS
1.0 Project Management & Coordination
1.1 Updated Project Procedures Manual Complete
1.2 Monthly Invoices & Progress Reports 8 additional months (January 2015 through July 2015)
1.3 Coordination/Administration 12 Lead Agency coordination meetings
1.3A Peer Technical Review Committee Complete
1.4 Control/Scheduling 8 additional months
1.5 Administrative Record 8 additional months
1.6 Subconsultant Management 8 additional months
2.0 Community Involvement
2.5 Project Website 8 additional months of support for project Website
3.0 Assembly & Review of Data Complete
4.0 EIS Project Initiation Complete
5.0 Alternative Analysis Complete
6.0 Draft EIS Complete
7.0 Final EIS and Schematic Design
7.2 Traffic Modeling for the Preferred Alternative Complete
7.6 Context Sensitive Solutions/Design Complete
7.7 Schematic Design Coordination Complete
7.8 Right-Of-Entry Complete
7.10 Noise Analysis Complete
7.11 Air Quality Analysis Complete
7.12 Geology/soils Complete
7.13 Water Quality Analysis Complete
7.14 Floodplains Complete
7.15 Wetlands Complete
7.16 Vegetation Complete
7.17 Wildlife Complete
7.18 Threatened or Endangered SpeciesPrepare additional info for Biological Assessment, support Section 7 Formal Coordination, obtain
Biologicl Opinion
7.19 Hazardous Materials Assessment Complete
7.20 Cultural Resources Complete
7.21 Indirect Impacts Complete
7.22 Cumulative Impacts Complete
7.23 Preliminary Final EIS Update per Biological Opinion
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS Not included in this Supplemental Work Authorization; already included in WA #4B
7.26 - 7.27 EPA Review, Circulation of the Final EIS Not included in this Supplemental Work Authorization; already included in WA #4B
7.28 Record of Decision Not included in this Supplemental Work Authorization; already included in WA #4B7.29 Notice of Record of Decision Not included in this Supplemental Work Authorization; already included in WA #4B
7.30 Environmental Permits, Issues and Commitments Not included in this Supplemental Work Authorization; already included in WA #4B
WORK AUTHORIZATION #4B/SUPPLEMENTAL WORK AUTHORIZATION #1
Assumptions
US 281 EIS from Loop 1604 to Borgfeld DriveEXHIBIT 1
10/8/2014 Assumptions 2 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-9
TASK NO. TOTALJacobs
Total Hours
Jacobs
Total Cost ($)
Ama Terra
Total Hours
AmaTerra
Total Cost ($)
Hicks
Total Hours
Hicks
Total Cost ($)
Smith
Total Hours
Smith
Total Cost ($)
Ximenes
Total Hours
Ximenes
Total Cost ($)
Zara
Total Hours
Zara Total
Cost ($)Total Hours Total Cost ($)
Labor and Overhead $ 40,382 $ - $ - $ 3,670 $ - $ 42,059 $ 86,111
Fixed Fee $ 4,846 $ - $ - $ 440 $ - $ 5,047 $ 10,333
Expenses $ - $ - $ - $ 200 $ - $ 280 $ 480
Total $ 45,228 $ - $ - $ 4,310 $ - $ 47,386 $ 96,924
1.0 Project Management & Coordination 172 $ 30,978 $ - $ - 16 $ 1,162 $ - 28 $ 3,174 216 $ 35,314
2.0 Community Involvement 8 $ 1,125 $ - $ - 32 $ 2,948 $ - $ - 40 $ 4,073
3.0 Assembly & Review of Data
4.0 EIS Project Initiation
5.0 Alternative Analysis
6.0 Draft EIS
7.0 Final EIS and Schematic Design 78 $ 13,124 $ - $ - $ - $ - 378 $ 43,932 456 $ 57,057
Labor, Overhead and Fixed Fee Subtotal $ 45,228 $ - $ - $ 4,110 $ - $ 47,106 $ 96,444
Direct Expenses $ - $ 200 $ - $ 280 $ 480
TOTAL 258 $ 45,228 $ - $ - 48 $ 4,310 - $ - $ 406 $ 47,386 712$ $ 96,924
PRIME DBE DBE WBE DBE DBE
DBE Total = 48.9%
Percentage by Firms 46.7% 4.4% 48.9% 100%
EXHIBIT 1
Summary of Tasks by Firm - TOTAL
SUMMARY
FEE SCHEDULE
Work Authorization #4B / Supplemental Work Authorization #1 Cost Estimate
10/8/2014 Task Total Summary 3 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-10
TASK NO. TASK NAME
Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($)
1.0 Project Management & Coordination 172 30,978.34$ -$ -$ 16 1,161.53$ -$ 28 3,174.07$ 216 35,313.94$
1.1 Updated Project Procedures Manual -$ -$ -$ -$ -$ -$ -$ 1.2 Monthly Invoices & Progress Reports 40 6,407.71$ -$ -$ 16 1,161.53$ -$ 28 3,174.07$ 84 10,743.31$ 1.3 Coordination/Administration 80 17,160.31$ -$ -$ -$ -$ -$ 80 17,160.31$
1.3A Peer Technical Review Committee -$ -$ -$ -$ -$ -$ -$ 1.4 Control/Scheduling 32 4,543.93$ -$ -$ -$ -$ -$ 32 4,543.93$ 1.5 Administrative Record 12 1,002.61$ -$ -$ -$ -$ -$ 12 1,002.61$ 1.6 Subconsultant Management 8 1,863.78$ -$ -$ -$ -$ -$ 8 1,863.78$
2.0 Community Involvement 8 1,125.03$ -$ -$ 32 2,948.40$ -$ -$ 40 4,073.43$
2.2 Public Meeting #4 -$ -$ -$ -$ -$ -$ -$ 2.4 Project Mailing List -$ -$ -$ -$ -$ -$ -$ 2.5 Project Website 8 1,125.03$ -$ -$ 32 2,948.40$ -$ -$ 40 4,073.43$ 2.6 Project Newsletters -$ -$ -$ -$ -$ -$ -$ 2.8 Presentations -$ -$ -$ -$ -$ -$ -$ 2.9 Elected and Appointed Officials Briefings -$ -$ -$ -$ -$ -$ -$
2.10 Community Advisory Committee -$ -$ -$ -$ -$ -$ -$
7.0 Final EIS and Schematic Design 78 13,124.44$ -$ -$ -$ -$ 378 43,932.26$ 456 57,056.70$
7.2 Traffic Modeling for the Preferred Alternative -$ -$ -$ -$ -$ -$ -$ 7.6 Context Sensitive Solutions/Design -$ -$ -$ -$ -$ -$ -$ 7.7 Schematic Design Coordination -$ -$ -$ -$ -$ -$ -$ 7.8 Right-Of-Entry -$ -$ -$ -$ -$ -$ -$
7.10 Noise Analysis -$ -$ -$ -$ -$ -$ -$ 7.11 Air Quality Analysis -$ -$ -$ -$ -$ -$ -$ 7.12 Geology/soils -$ -$ -$ -$ -$ -$ -$ 7.13 Water Quality Analysis -$ -$ -$ -$ -$ -$ -$ 7.14 Floodplains -$ -$ -$ -$ -$ -$ -$ 7.15 Wetlands -$ -$ -$ -$ -$ -$ -$ 7.16 Vegetation -$ -$ -$ -$ -$ -$ -$ 7.17 Wildlife -$ -$ -$ -$ -$ -$ -$ 7.18 Threatened or Endangered Species 64 10,794.91$ -$ -$ -$ -$ 378 43,932.26$ 442 54,727.17$ 7.19 Hazardous Materials Assessment -$ -$ -$ -$ -$ -$ -$ 7.20 Cultural Resources -$ -$ -$ -$ -$ -$ -$ 7.21 Indirect Impacts -$ -$ -$ -$ -$ -$ -$ 7.22 Cumulative Impacts -$ -$ -$ -$ -$ -$ -$ 7.23 Preliminary Final EIS 14 2,329.53$ -$ -$ -$ -$ -$ 14 2,329.53$
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS -$ -$ -$ -$ -$ -$ -$
7.26 - 7.27 EPA Review, Circulation of the Final EIS -$ -$ -$ -$ -$ -$ -$ 7.28 Record of Decision -$ -$ -$ -$ -$ -$ -$ 7.29 Notice of Record of Decision -$ -$ -$ -$ -$ -$ -$ 7.30 Environmental Permits, Issues and Commitments -$ -$ -$ -$ -$ -$ -$
258 45,227.81$ -$ -$ 48 4,109.93$ -$ 406 47,106.33$ 712 96,444.07$
-$ -$ -$ 200.00$ -$ 280.00$ 480.00$
45,227.81$ -$ -$ 4,309.93$ -$ 47,386.33$ 96,924.07$
LABOR TOTAL
EXPENSES
TOTAL COST
Summary of Tasks by Firm - WA #4B / SWA #1Ximenes Zara TOTALJacobs AmaTerra Hicks Smith
10/8/2014 Task Detail Summary 4 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-11
LABOR - Jacobs
Project Manager PM 93.17$ 110 10,249$ Deputy Project Manager DPM 107.69$ -$ Corridor Planning Mgr/Sr. Advisors Corr. Plan Mgr 116.35$ -$ Senior Program Advisor Sr Pgm Adv 80.51$ -$
Environmental Task Manager Env Task Mgr 70.27$ -$
Senior Planner (15+) Sr Plan 65.04$ 8 520$ Planner (5 to 15) Plan 30.58$ -$
Environmental Planner (1-5) Env Plan 22.00$ 8 176$ Senior Scientist (15+) Sr Sci (APM) 56.24$ 72 4,049$ Scientist (5 to 15) Sci 35.58$ -$ Engineering Task Manager Eng Task Mgr 87.41$ 8 699$ Sr. Engineer (15+) Sr Eng 57.50$ 20 1,150$ Civil Engineer (5 to 15+) Civ Eng 40.13$ -$ Traffic Engineer (5 to 15+) Traf Eng 50.31$ -$ Transportation Planner (5 to 15+) Trans Plan 42.67$ -$ EIT (1 to 5) EIT 29.09$ -$ Senior Technical Specialist (15+) Sr Tech Spec 87.35$ -$ Technical Specialist Tech Spec 40.36$ -$ Economic Analyst Eco Ana 73.12$ -$ Senior Engineer Tech (10+) Sr Eng Tech 53.85$ -$ Engineer Tech (1 to 10) Eng Tech 35.71$ -$ Senior CADD Operator (10+) Sr CADD 47.74$ -$ Senior GIS Specialist (10+) Sr GIS 40.77$ -$ CADD/GIS Operator (1 to 10) CADD GIS 34.29$ -$ Administrative Clerical Adm Cler 29.27$ -$ Project Controls and Scheduling Prj Contr 38.87$ 32 1,244$ Summer Interns Intern 18.72$ -$
Survey Mgr (RPLS) Manager 64.90$ -$
Staff Surveyor Staff 54.00$ -$
Senior Surv-Tech Sr. Tech 36.29$ -$
Survey Tech Tech 32.00$ -$
2-Person surv-crew 2-Person Crew 50.00$ -$
3-person surv-crew 3-Person Crew 65.00$ -$
2-person GPS crew 2-Person GPS 70.00$ -$
3-person GPS crew 3-Person GPS 85.00$ -$
Photo tech PhotoTech 35.00$ -$
Photogrammetrist Photogram 59.57$ -$
Direct Labor 258 18,087$ Overhead @ 22,295$
Subtotals 40,382$ Fixed Fee @ 4,846$
Direct Expenses -$
TOTALS 45,228$
(see attached pages)
FEE SCHEDULE SUMMARY
Labor Classification
Labor Summary
Labor Class.
CodeLabor Rate
Total Project Direct
Labor Total Project Hours
12.00%
123.26%
10/8/2014 Fee Sum - Jacobs 5 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-12
Multiplier2.500512
PM DPMCorr. Plan
MgrSr Pgm Adv Env Task Mgr Sr Plan Plan Env Plan Sr Sci (APM) Sci Eng Task Mgr Sr Eng Civ Eng Traf Eng Trans Plan EIT Sr Tech Spec Tech Spec Eco Ana Sr Eng Tech Eng Tech Sr CADD Sr GIS CADD GIS Adm Cler Prj Contr Intern
$93.17 $107.69 $116.35 $80.51 $70.27 $65.04 $30.58 22.00$ $56.24 $35.58 $87.41 $57.50 $40.13 $50.31 $42.67 $29.09 $87.35 $40.36 $73.12 $53.85 $35.71 $47.74 $40.77 $34.29 $29.27 $38.87 $18.72
TASK NO. TASK NAME
1.0 Project Management & Coordination 96 0 0 0 0 0 0 8 36 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 0 172 $ 12,388.80 $ 30,978.34
1.1 Updated Project Procedures Manual 0 $ - $ -
1.2 Monthly Invoices & Progress Reports 16 8 16 40 $ 2,562.56 $ 6,407.71
1.3 Coordination/Administration 64 16 80 $ 6,862.72 $ 17,160.31
1.3A Peer Technical Review Committee 0 $ - $ -
1.4 Control/Scheduling 8 8 16 32 $ 1,817.20 $ 4,543.93
1.5 Administrative Record 8 4 12 $ 400.96 $ 1,002.61
1.6 Subconsultant Management 8 8 $ 745.36 $ 1,863.78
2.0 Community Involvement 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 $ 449.92 $ 1,125.03
2.2 Public Meeting #4 0 $ - $ -
2.4 Project Mailing List 0 $ - $ -
2.5 Project Website 8 8 $ 449.92 $ 1,125.03
2.6 Project Newsletters 0 $ - $ -
2.8 Presentations 0 $ - $ -
2.9 Elected and Appointed Officials Briefings 0 $ - $ -
2.10 Community Advisory Committee 0 $ - $ -
7.0 Final EIS and Schematic Design 14 - - - - 8 - - 28 - 8 20 - - - - - - - - - - - - - - - 78 $ 5,248.70 $ 13,124.44
7.2 Traffic Modeling for the Preferred Alternative 0 $ - $ -
7.6 Context Sensitive Solutions 0 $ - $ -
7.7 Schematic Design Coordination 0 $ - $ -
7.8 Right-Of-Entry 0 $ - $ -
7.10 Noise Analysis 0 $ - $ -
7.11 Air Quality Analysis 0 $ - $ -
7.12 Geology/soils 0 $ - $ -
7.13 Water Quality Analysis 0 $ - $ -
7.14 Floodplains 0 $ - $ -
7.15 Wetlands 0 $ - $ -
7.16 Vegetation 0 $ - $ -
7.17 Wildlife 0 $ - $ -
7.18 Threatened or Endangered Species 12 24 8 20 64 $ 4,317.08 $ 10,794.91
7.19 Hazardous Materials Assessment 0 $ - $ -
7.20 Cultural Resources 0 $ - $ -
7.21 Indirect Impacts 0 $ - $ -
7.22 Cumulative Impacts 0 $ - $ -
7.23 Preliminary Final EIS 2 8 4 14 $ 931.62 $ 2,329.53
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS 0 $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS 0 $ - $ -
7.28 Record of Decision 0 $ - $ -
7.29 Notice of Record of Decision 0 $ - $ -
7.30 Environmental Permits, Issues and Commitments 0 $ - $ -
110 - - - - 8 - 8 72 - 8 20 - - - - - - - - - - - - - 32 - 258 18,087.42$ 45,227.81$
RAW LABOR
COST
TOTAL LABOR
COST
LABOR TOTAL
FEE SCHEDULEDetailed Labor Distribution
LABOR DISTRIBUTION: Jacobs Project Mgmt/Senior Advisors Planning and Environmental Engineering Technical Specialist Production and Support
LABOR HOUR
TOTALS
10/8/2014 Task Detail - Jacobs 6 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-13
ITEM Quantity Units Rate Amount Subtotals
Other Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)
Reproductions (Plot Printing)
Data Gathering
Subtotals: -$
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight Mail
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:
Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto) miles @
Airfare (Coach/Rd Trip/person) trips @
Lodging nights @
Itemized Meals
Car Rental (plus Fuel & Taxes) days
each @
Tolls
Taxi
Van
Gas for Car Rental gallons @
Parking trips @
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.Expenses will be billed at actual cost.
LS
Jacobs Expense Detail
Detailed Itemization of Expense Items
FEE SCHEDULE
10/8/2014 Expense Detail- Jacobs 7 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-14
LABOR - Ama Terra
Principal Princp $68.69 -$ Historic Architect Hist Arch $40.10 -$ Senior Historian Sr Hist $31.66 -$ Historian Hist $26.38 -$
Archeologist V/Principal Investigator Arch V $44.32 -$
Archeologist IV/Project Archeologist Arch IV $36.93 -$ Archeologist II/Crew Chief Arch II $21.10 -$ GIS Specialist GIS $22.16 -$ Editor Editor $21.10 -$ Clerical Adm Cler $21.10 -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$
TOTALS -$
164.51%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor Rate
Labor Summary
Total Project Hours
Total Project Direct
Labor
Labor Class. Code
10/8/2014 Fee Sum - Amaterra 8 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-15
FEE SCHEDULEDetailed Labor Distribution
Multiplier
Princp Hist Arch Sr Hist Hist Arch V Arch IV Arch II GIS Editor Adm Cler
$68.69 $40.10 $31.66 $26.38 $44.32 $36.93 $21.10 $22.16 $21.10 $21.10
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - - - - - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - - - - - - - - -$ -$
LABOR
HOUR
TOTALS RAW LABOR COST TOTAL LABOR COST
LABOR DISTRIBUTION: Jacobs Production and SupportCultural Resource
LABOR TOTAL
10/8/2014 Task Detail - Amaterra 9 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-16
ITEM Quantity Units Rate Amount SubtotalsReproduction:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)
Reproductions (Plot Printing)Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight Delivery (Oversize)Subtotals:
Miscellaneous Direct Expenses:
TARL Site FeeSubtotals:
Public Meeting Services:
Travel Expenses
Mileage (Current State Rate) (personal auto)
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
Ama Terra Expense Detail
Detailed Itemization of Expense Items
FEE SCHEDULE
10/8/2014 Expense Detail - Amaterra 10 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-17
LABOR - Hicks & Company
Senior Environmental Scientist II Sr. Env. Sci. II $60.00 -$ Senior Environmental Scientist I Sr. Env. Sci. I $52.00 -$ Environmental Professional II Env'l Prof II $35.00 -$ Environmental Staff III Env'l Staff III $24.00 -$ Environmental Staff II Env'l Staff II $22.50 -$ Word Processing Word Proc $18.00 -$ Administrative Clerical Adm Cler $20.16 -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$ TOTALS -$
160.00%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor rate
Labor Summary
Total Project HoursTotal Project Direct
Labor
Labor Class. Code
10/8/2014 Fee Sum - Hicks 11 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-18
FEE SCHEDULE
Detailed Labor DistributionMultiplier
Sr. Env. Sci. IISr. Env.
Sci. IEnv'l Prof II Env'l Staff III Env'l Staff II Word Proc Adm Cler
LABOR
HOUR
TOTALS
RAW LABOR COST TOTAL LABOR COST
$60.00 $52.00 $35.00 $24.00 $22.50 $18.00 $20.16
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - - - - - -$ -$
LABOR DISTRIBUTION: Hicks & Company
LABOR TOTAL
EnvironmentalProduction and
Support
10/8/2014 Task Detail - Hicks 12 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-19
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto) miles @
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
FEE SCHEDULE
Hicks & Company Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Hicks 13 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-20
LABOR - Smith & Associates Consulting, LLC.
Senior Advisor Sr Advisor $63.17 -$
Senior Public Involvement Manager Sr PI Mgr $43.49 16 696$
Public Involvement Task Manager PI Task Mgr $28.27 32 905$
Fully Burdened Direct Labor 48 1,600.48$ 2,069.10$
Subtotals 3,669.58$ 440.35$
Direct Expenses 200.00$ TOTALS 4,309.93$
129.28%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor Classification Labor Rate
Labor Summary
Total Project Hours Total Project Direct Labor
Labor Class. Code
10/8/2014 Fee Sum - Smith 14 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-21
Multiplier
2.567936
Sr Advisor Sr PI Mgr PI Task Mgr
LABOR
HOUR
TOTALS
RAW LABOR COST TOTAL LABOR COST
$63.17 $43.49 $28.27
TASK NO. TASK NAME
1.0 Project Management & Coordination 16 16 $ 452.32 $ 1,161.53
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports 16 16 $ 452.32 $ 1,161.53
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement 16 16 32 $ 1,148.16 $ 2,948.40
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website 16 16 32 $ 1,148.16 $ 2,948.40
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- 16 32 48 1,600.48$ 4,109.93$
FEE SCHEDULE
LABOR DISTRIBUTION: Smith
LABOR TOTAL
Detailed Labor Distribution
Public Involvement
10/8/2014 Task Detail - Smith 15 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-22
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & MailingNewsletter #5 Printing and Mailout
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality ServicesConstant Contact (email distribution) month $40
Website Support Services $200.00Subtotals: 200.00
Public Meeting Services:
FEIS NOA English SA Express-News LSFEIS NOA Spanish La Prensa LS
PM #4 30-day legal English SA Express-News LSPM #4 30-day legal Spanish La Prensa LS
PM#4 10-day legal English SA Express-News LSPM #4 10-day legal Spanish La Prensa LS
ROD English SA Express-News LSROD Spanish La Prensa LS
Display Ads Bulverde News LSNorth Central News LSThe Herald – Zeitung LS
Express-News LSWelcome Home LS
SA Current LSLa Prensa LS
Subtotals:
Travel Expenses:
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
LS
Legal Notices and Ads for Public Meeting #4
FEE SCHEDULE
LS
Smith & Associates Consulting, LLC. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Smith 16 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-23
Parking
Subtotals:
TOTAL*: 200.00
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
10/8/2014 Expense Detail- Smith 17 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-24
LABOR - Ximenes & Associates, Inc.
-$ Senior Public Involvement Manager Sr PI Mgr $87.49 -$ Public Involvement Task Manager PI Task Mgr $61.76 -$ Administrative Clerical Adm Cler $20.59 -$
-$ -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$
TOTALS -$
129.28%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor Classification Labor Rate
Labor Summary
Total Project
Hours
Total Project
Direct Labor
Labor Class.
Code
10/8/2014 Fee Sum - Ximenes 18 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-25
Multiplier
Sr PI MgrPI Task
MgrAdm Cler
$87.49 $61.76 $20.59
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - -$ -$
FEE SCHEDULE
LABOR DISTRIBUTION: Jacobs Public Involvement
LABOR
HOUR
TOTALS
LABOR TOTAL
RAW LABOR COST TOTAL LABOR COST
Detailed Labor Distribution
10/8/2014 Task Detail - Ximenes 19 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-26
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:
Public Meeting Services (CAC meeting and PM #4):
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto)
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
FEE SCHEDULE
Ximenes & Associates, Inc. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Ximenes 20 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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LABOR - Zara Environmental, LLC.
Sr. Project Manager Sr. PM $53.50 86 4,601.00$ Permitted Scientist PS $37.46 235 8,803.10$
Geology Technician GT $30.40 -$
Tech Editor/GIS TE/GIS $30.40 26 790.40$ Hydrogeologist HYG $37.46 20 749.20$ Geophysicist GP $37.46 -$ Office Administrator Admin $22.68 39 884.52$
Direct Labor 406 15,828.22$ Overhead @ 26,231.00$
Subtotals 42,059.22$ Fixed Fee @ 5,047.11$
Direct Expenses 280.00$
TOTALS 47,386.33$
165.723%
(see attached pages)
12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor Rate
Labor Summary
Total Project Hours
Total Project Direct
Labor
Labor Class.
Code
10/8/2014 Fee Sum - Zara 21 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
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Multiplier
2.9760976
Sr. PM PS GT TE/GIS HYG GP Admin
$53.50 $37.46 $30.40 $30.40 $37.46 $37.46 $22.68
TASK NO. TASK NAME
1.0 Project Management & Coordination 14 14 28 $ 1,066.52 $ 3,174.07
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports 14 14 28 $ 1,066.52 $ 3,174.07
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design 72 235 - 26 20 - 25 378 $ 14,761.70 $ 43,932.26
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species 72 235 26 20 25 378 $ 14,761.70 $ 43,932.26
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
86 235 - 26 20 - 39 406 15,828.22$ 47,106.33$
LABOR
HOUR
TOTALS RAW LABOR COST TOTAL LABOR COST
FEE SCHEDULE
LABOR DISTRIBUTION: Jacobs
LABOR TOTAL
Detailed Labor Distribution
Environmental Production and Support
10/8/2014 Task Detail - Zara 22 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Reproduction
Misc. Copies
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage`
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services each @ $600Field Supplies
Downhole Camera and Backhoe Rental
Subtotals:
Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto)Field Truck 500 miles @ $0.560 $280.00
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals: 280.00
TOTAL*: 280.00
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
FEE SCHEDULE
LS
LSLS
Zara Environmental, LLC. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Zara 23 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 4: Discussion and appropriate action regarding approval of Supplement No. 1 to Work Authorization No. 4B and Supplement No. 1 to Work Authorization No. 5 for preparation of the additional Biological Assessment documentation requested by USFWS for the US 281 EIS at no additional cost to the Alamo RMA.
Additional documentation has been requested by the US Fish and Wildlife Service as part of the Environmental Clearance process for US 281. The additional items of work necessary will augment the information contained in the Biological Evaluation and resubmit the document as a Biological Assessment. Scope items are also included to support formal consultation with US Fish and Wildlife. Additional required funding will be transferred from Work Authorization No. 5 due to the availability of unused previously authorized funds resulting in no additional cost to the Alamo RMA.
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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October 8, 2014
David R. Wegmann, P.E. Bexar County Public Works Engineering Services Manager Transportation/Flood Control Capital Projects 233 N. Pecos, Ste. 420 San Antonio, Texas 78207
RE: US 281 EIS – Work Authorization #4B/Supplemental Work Authorization #1
Dear Mr. Wegmann:
Jacobs Engineering Group Inc. has prepared Work Authorization #4B/Supplemental Work Authorization #1 pursuant to the terms and conditions of the “Environmental Consulting Agreement” dated April 9, 2009 between the Alamo Regional Mobility Authority and Jacobs Engineering Group Inc. (the Engineer). The Agreement is incorporated herein and forms an integral part of this Work Authorization.
Background:
Work Authorization (WA) #4B focuses on preparing the design schematic for the Preferred Alternative, Public Meeting #4, the preparation, approval and public circulation of the Final EIS, and the Record of Decision (ROD). It includes on-going project management, coordination and community involvement activities initiated under WA#1.
TxDOT submitted a Biological Evaluation (BE) to the US Fish & Wildlife Service (the Service) on September 5, 2014. The BE anticipated that the Preferred Alternative is not likely to adversely affect protected karst species. This was the conclusion of the EIS team biologists and geologists after rigorous study and surveying failed to detect the presence of any protected species in the project area. This conclusion was presented in the April 2013 Draft EIS, which was sent to the Service for review and comment as part of the official EIS public hearing process. Comments on the Draft EIS submitted by the Service did not express any question or concern about the effect on karst species.
Supplemental Work Authorization (SWA) #1 addresses the results of informal consultation with the US Fish & Wildlife Service (the Service) during September 2014. The Service has indicated that they would not support a “may affect, not likely to adversely affect” call regarding protected karst invertebrates and instead recommends “may affect, likely to adversely affect.” SWA#1 1) extends the timeframe for completing WA#4B, 2) provides funding to augment information contained in the Biological Evaluation, 3) resubmits the document as a Biological Assessment, 4) supports formal consultation with the Service under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.), and 5) revises the Preliminary FEIS.
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Scope of Work:
TASK 1.0 PROJECT MANAGEMENT AND COORDINATION
The Engineer, in coordination with the Alamo RMA, will continue to be responsible for directing and coordinating all activities related to the US 281 EIS Project. The Engineer will provide continuous overall project management and quality assurance/quality control throughout the duration of the Project.
1.2 Progress Reports and Invoices The Engineer will continue to submit a monthly Invoice and Progress Report to the Alamo RMA.
Deliverables: • Monthly Invoice and Progress Report.
1.3 Coordination/AdministrationThe Engineer will continue to oversee preparation of all documents and manage all project activities as follows:
Project Coordination and Communications: All Engineer correspondence, coordination and communications procedures will be as directed by the Alamo RMA and as outlined in the Project Procedures Manual.
Project Administration: Engineer will manage all project activities (including scheduled/ unscheduled meetings), prepare WAs, maintain the project files, direct Engineer’s team/staff, and assist Alamo RMA in preparing project correspondence.
Coordination Meetings: Up to eight (8) project coordination meetings involving the Engineer will be conducted under WA#4B/SWA#1 (all meetings to be held in San Antonio or Austin). The Engineer will be responsible for scheduling the meetings, preparing a meeting summary, and maintaining a catalog of all meetings held (date, location, attendees, purpose).
Deliverables: • Support and attendance for up to eight (8) project coordination meetings.• Preparation and distribution of Draft and Final Meeting Summaries.
1.4 Control/SchedulingThe Engineer previously developed a detailed/color (11” x 17”) graphic Project Schedule indicating Tasks/Subtasks, critical dates, milestones, deliverables, and review requirements. This schedule depicts the order and interdependence of various Tasks, Subtasks, milestones and deliverables as identified herein. The Engineer has also prepared a less detailed, color (8½” x 11”) graphic Project Schedule with major project milestones identified.
The Engineer will continue to maintain control of all project costs, monitor project staffing levels, and conduct production management meetings as needed to keep the project activities
4-4
on schedule and to identify actions to be taken or issues that need resolution to keep the Project on schedule. Any issues that need resolution or action will be identified in the monthly Progress Report.
Deliverables: • Project Schedule updates.
1.5 Administrative Record (Project Files)The Engineer previously developed an Alamo RMA-approved electronic database management system for compiling and maintaining the Project Files in a manner that can be easily transitioned into an Administrative Record of the Project, if needed. The Engineer will continue to maintain and populate the Project Files during WA#4B/SWA#1.
Deliverables: • Maintenance of the Project Files.
1.6 Subconsultant ManagementThe Engineer will prepare subcontracts/WAs for subconsultants, monitor subconsultant activities (staff, budget and schedule), and review and recommend approval of subconsultant invoices. Subconsultant Progress Reports and Invoices will be incorporated into Subtask 1.2.
Deliverables: • Subconsultant Progress Reports.• Subconsultant Invoices.
TASK 2.0 COMMUNITY INVOLVEMENT
2.5 Project Website The Engineer will update the project Website for the ROD. The Website will otherwise remain largely as-is. The Engineer will also monitor the Facebook and Twitter accounts as well as comments from the 411on281 website and US 281 EIS email account to identify any questions or misstatements of fact regarding the Project or the NEPA process and provide responses for posting on these sites. Media relations will continue to be managed by the Alamo RMA.
Deliverables: • Project Website update for the ROD.• Monitoring of and responses to Website and social media.
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TASK 7.0 FINAL EIS
7.18 Threatened or Endangered Species
Under WA#4B, following identification of the Preferred Alternative, the Engineer and TxDOT—ENV determined that the project “may affect, not likely to adversely affect” protected karst invertebrates and submitted a Biological Evaluation to the Service. Subsequent informal consultation with the Service resulted in a decision to proceed with a “may affect, likely to adversely affect” call. The Service has requested that additional information regarding mitigation strategies and viable conservation measures be provided in a Biological Assessment (BA).
We assume that costly and time-consuming data gathering and analysis is not going to be required by the Service. The following activity/data gathering exclusions from the SWA#1 scope and fee include but are not limited to: additional presence/absence surveys, electrical resistivity imaging, geotechnical borehole data, genetic studies, cave delineations, surface and sub-surface drainage basin delineation, and dye-tracing. If needed, these services would be subject to additional scope and budget.
The Engineer will prepare additional information to support Section 7 consultation for Rhadine exilis, Rhadine infernalis and Cicurina madla, and prepare the BA in conformance with 50 CFR 402.12(f). The Engineer will modify the BA as necessary for the Service to determine completeness. The Fee Estimate for WA#4B/SWA#1 assumes three (3) revisions of the BA. The Engineer will support formal consultation activities with the Alamo RMA, TxDOT, FHWA and the Service.
Deliverables: • Draft (3 revisions) Biological Assessment.• Final Biological Assessment.
7.23 Preliminary Final EIS The Engineer will revise the Preliminary Final EIS to reflect the outcome of the Section 7 process.
Deliverables: • Revised PFEIS (paper and electronic copies).
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EXHIBIT 1
Environmental Impact Statement
US 281
From Loop 1604 to Borgfeld Drive
FEE ESTIMATE
October 8, 2014
Work Authorization #4B
Supplemental Work Authorization #1
10/8/2014 Cover 1 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
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TASK NO. TASK NOTES and ASSUMPTIONS
1.0 Project Management & Coordination
1.1 Updated Project Procedures Manual Complete
1.2 Monthly Invoices & Progress Reports 8 additional months (January 2015 through July 2015)
1.3 Coordination/Administration 12 Lead Agency coordination meetings
1.3A Peer Technical Review Committee Complete
1.4 Control/Scheduling 8 additional months
1.5 Administrative Record 8 additional months
1.6 Subconsultant Management 8 additional months
2.0 Community Involvement
2.5 Project Website 8 additional months of support for project Website
3.0 Assembly & Review of Data Complete
4.0 EIS Project Initiation Complete
5.0 Alternative Analysis Complete
6.0 Draft EIS Complete
7.0 Final EIS and Schematic Design
7.2 Traffic Modeling for the Preferred Alternative Complete
7.6 Context Sensitive Solutions/Design Complete
7.7 Schematic Design Coordination Complete
7.8 Right-Of-Entry Complete
7.10 Noise Analysis Complete
7.11 Air Quality Analysis Complete
7.12 Geology/soils Complete
7.13 Water Quality Analysis Complete
7.14 Floodplains Complete
7.15 Wetlands Complete
7.16 Vegetation Complete
7.17 Wildlife Complete
7.18 Threatened or Endangered SpeciesPrepare additional info for Biological Assessment, support Section 7 Formal Coordination, obtain
Biologicl Opinion
7.19 Hazardous Materials Assessment Complete
7.20 Cultural Resources Complete
7.21 Indirect Impacts Complete
7.22 Cumulative Impacts Complete
7.23 Preliminary Final EIS Update per Biological Opinion
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS Not included in this Supplemental Work Authorization; already included in WA #4B
7.26 - 7.27 EPA Review, Circulation of the Final EIS Not included in this Supplemental Work Authorization; already included in WA #4B
7.28 Record of Decision Not included in this Supplemental Work Authorization; already included in WA #4B7.29 Notice of Record of Decision Not included in this Supplemental Work Authorization; already included in WA #4B
7.30 Environmental Permits, Issues and Commitments Not included in this Supplemental Work Authorization; already included in WA #4B
WORK AUTHORIZATION #4B/SUPPLEMENTAL WORK AUTHORIZATION #1
Assumptions
US 281 EIS from Loop 1604 to Borgfeld DriveEXHIBIT 1
10/8/2014 Assumptions 2 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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TASK NO. TOTALJacobs
Total Hours
Jacobs
Total Cost ($)
Ama Terra
Total Hours
AmaTerra
Total Cost ($)
Hicks
Total Hours
Hicks
Total Cost ($)
Smith
Total Hours
Smith
Total Cost ($)
Ximenes
Total Hours
Ximenes
Total Cost ($)
Zara
Total Hours
Zara Total
Cost ($)Total Hours Total Cost ($)
Labor and Overhead $ 40,382 $ - $ - $ 3,670 $ - $ 42,059 $ 86,111
Fixed Fee $ 4,846 $ - $ - $ 440 $ - $ 5,047 $ 10,333
Expenses $ - $ - $ - $ 200 $ - $ 280 $ 480
Total $ 45,228 $ - $ - $ 4,310 $ - $ 47,386 $ 96,924
1.0 Project Management & Coordination 172 $ 30,978 $ - $ - 16 $ 1,162 $ - 28 $ 3,174 216 $ 35,314
2.0 Community Involvement 8 $ 1,125 $ - $ - 32 $ 2,948 $ - $ - 40 $ 4,073
3.0 Assembly & Review of Data
4.0 EIS Project Initiation
5.0 Alternative Analysis
6.0 Draft EIS
7.0 Final EIS and Schematic Design 78 $ 13,124 $ - $ - $ - $ - 378 $ 43,932 456 $ 57,057
Labor, Overhead and Fixed Fee Subtotal $ 45,228 $ - $ - $ 4,110 $ - $ 47,106 $ 96,444
Direct Expenses $ - $ 200 $ - $ 280 $ 480
TOTAL 258 $ 45,228 $ - $ - 48 $ 4,310 - $ - $ 406 $ 47,386 712$ $ 96,924
PRIME DBE DBE WBE DBE DBE
DBE Total = 48.9%
Percentage by Firms 46.7% 4.4% 48.9% 100%
EXHIBIT 1
Summary of Tasks by Firm - TOTAL
SUMMARY
FEE SCHEDULE
Work Authorization #4B / Supplemental Work Authorization #1 Cost Estimate
10/8/2014 Task Total Summary 3 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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TASK NO. TASK NAME
Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($) Hours Total Cost ($)
1.0 Project Management & Coordination 172 30,978.34$ -$ -$ 16 1,161.53$ -$ 28 3,174.07$ 216 35,313.94$
1.1 Updated Project Procedures Manual -$ -$ -$ -$ -$ -$ -$ 1.2 Monthly Invoices & Progress Reports 40 6,407.71$ -$ -$ 16 1,161.53$ -$ 28 3,174.07$ 84 10,743.31$ 1.3 Coordination/Administration 80 17,160.31$ -$ -$ -$ -$ -$ 80 17,160.31$
1.3A Peer Technical Review Committee -$ -$ -$ -$ -$ -$ -$ 1.4 Control/Scheduling 32 4,543.93$ -$ -$ -$ -$ -$ 32 4,543.93$ 1.5 Administrative Record 12 1,002.61$ -$ -$ -$ -$ -$ 12 1,002.61$ 1.6 Subconsultant Management 8 1,863.78$ -$ -$ -$ -$ -$ 8 1,863.78$
2.0 Community Involvement 8 1,125.03$ -$ -$ 32 2,948.40$ -$ -$ 40 4,073.43$
2.2 Public Meeting #4 -$ -$ -$ -$ -$ -$ -$ 2.4 Project Mailing List -$ -$ -$ -$ -$ -$ -$ 2.5 Project Website 8 1,125.03$ -$ -$ 32 2,948.40$ -$ -$ 40 4,073.43$ 2.6 Project Newsletters -$ -$ -$ -$ -$ -$ -$ 2.8 Presentations -$ -$ -$ -$ -$ -$ -$ 2.9 Elected and Appointed Officials Briefings -$ -$ -$ -$ -$ -$ -$
2.10 Community Advisory Committee -$ -$ -$ -$ -$ -$ -$
7.0 Final EIS and Schematic Design 78 13,124.44$ -$ -$ -$ -$ 378 43,932.26$ 456 57,056.70$
7.2 Traffic Modeling for the Preferred Alternative -$ -$ -$ -$ -$ -$ -$ 7.6 Context Sensitive Solutions/Design -$ -$ -$ -$ -$ -$ -$ 7.7 Schematic Design Coordination -$ -$ -$ -$ -$ -$ -$ 7.8 Right-Of-Entry -$ -$ -$ -$ -$ -$ -$
7.10 Noise Analysis -$ -$ -$ -$ -$ -$ -$ 7.11 Air Quality Analysis -$ -$ -$ -$ -$ -$ -$ 7.12 Geology/soils -$ -$ -$ -$ -$ -$ -$ 7.13 Water Quality Analysis -$ -$ -$ -$ -$ -$ -$ 7.14 Floodplains -$ -$ -$ -$ -$ -$ -$ 7.15 Wetlands -$ -$ -$ -$ -$ -$ -$ 7.16 Vegetation -$ -$ -$ -$ -$ -$ -$ 7.17 Wildlife -$ -$ -$ -$ -$ -$ -$ 7.18 Threatened or Endangered Species 64 10,794.91$ -$ -$ -$ -$ 378 43,932.26$ 442 54,727.17$ 7.19 Hazardous Materials Assessment -$ -$ -$ -$ -$ -$ -$ 7.20 Cultural Resources -$ -$ -$ -$ -$ -$ -$ 7.21 Indirect Impacts -$ -$ -$ -$ -$ -$ -$ 7.22 Cumulative Impacts -$ -$ -$ -$ -$ -$ -$ 7.23 Preliminary Final EIS 14 2,329.53$ -$ -$ -$ -$ -$ 14 2,329.53$
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS -$ -$ -$ -$ -$ -$ -$
7.26 - 7.27 EPA Review, Circulation of the Final EIS -$ -$ -$ -$ -$ -$ -$ 7.28 Record of Decision -$ -$ -$ -$ -$ -$ -$ 7.29 Notice of Record of Decision -$ -$ -$ -$ -$ -$ -$ 7.30 Environmental Permits, Issues and Commitments -$ -$ -$ -$ -$ -$ -$
258 45,227.81$ -$ -$ 48 4,109.93$ -$ 406 47,106.33$ 712 96,444.07$
-$ -$ -$ 200.00$ -$ 280.00$ 480.00$
45,227.81$ -$ -$ 4,309.93$ -$ 47,386.33$ 96,924.07$
LABOR TOTAL
EXPENSES
TOTAL COST
Summary of Tasks by Firm - WA #4B / SWA #1Ximenes Zara TOTALJacobs AmaTerra Hicks Smith
10/8/2014 Task Detail Summary 4 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
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LABOR - Jacobs
Project Manager PM 93.17$ 110 10,249$ Deputy Project Manager DPM 107.69$ -$ Corridor Planning Mgr/Sr. Advisors Corr. Plan Mgr 116.35$ -$ Senior Program Advisor Sr Pgm Adv 80.51$ -$
Environmental Task Manager Env Task Mgr 70.27$ -$
Senior Planner (15+) Sr Plan 65.04$ 8 520$ Planner (5 to 15) Plan 30.58$ -$
Environmental Planner (1-5) Env Plan 22.00$ 8 176$ Senior Scientist (15+) Sr Sci (APM) 56.24$ 72 4,049$ Scientist (5 to 15) Sci 35.58$ -$ Engineering Task Manager Eng Task Mgr 87.41$ 8 699$ Sr. Engineer (15+) Sr Eng 57.50$ 20 1,150$ Civil Engineer (5 to 15+) Civ Eng 40.13$ -$ Traffic Engineer (5 to 15+) Traf Eng 50.31$ -$ Transportation Planner (5 to 15+) Trans Plan 42.67$ -$ EIT (1 to 5) EIT 29.09$ -$ Senior Technical Specialist (15+) Sr Tech Spec 87.35$ -$ Technical Specialist Tech Spec 40.36$ -$ Economic Analyst Eco Ana 73.12$ -$ Senior Engineer Tech (10+) Sr Eng Tech 53.85$ -$ Engineer Tech (1 to 10) Eng Tech 35.71$ -$ Senior CADD Operator (10+) Sr CADD 47.74$ -$ Senior GIS Specialist (10+) Sr GIS 40.77$ -$ CADD/GIS Operator (1 to 10) CADD GIS 34.29$ -$ Administrative Clerical Adm Cler 29.27$ -$ Project Controls and Scheduling Prj Contr 38.87$ 32 1,244$ Summer Interns Intern 18.72$ -$
Survey Mgr (RPLS) Manager 64.90$ -$
Staff Surveyor Staff 54.00$ -$
Senior Surv-Tech Sr. Tech 36.29$ -$
Survey Tech Tech 32.00$ -$
2-Person surv-crew 2-Person Crew 50.00$ -$
3-person surv-crew 3-Person Crew 65.00$ -$
2-person GPS crew 2-Person GPS 70.00$ -$
3-person GPS crew 3-Person GPS 85.00$ -$
Photo tech PhotoTech 35.00$ -$
Photogrammetrist Photogram 59.57$ -$
Direct Labor 258 18,087$ Overhead @ 22,295$
Subtotals 40,382$ Fixed Fee @ 4,846$
Direct Expenses -$
TOTALS 45,228$
(see attached pages)
FEE SCHEDULE SUMMARY
Labor Classification
Labor Summary
Labor Class.
CodeLabor Rate
Total Project Direct
Labor Total Project Hours
12.00%
123.26%
10/8/2014 Fee Sum - Jacobs 5 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-12
Multiplier2.500512
PM DPMCorr. Plan
MgrSr Pgm Adv Env Task Mgr Sr Plan Plan Env Plan Sr Sci (APM) Sci Eng Task Mgr Sr Eng Civ Eng Traf Eng Trans Plan EIT Sr Tech Spec Tech Spec Eco Ana Sr Eng Tech Eng Tech Sr CADD Sr GIS CADD GIS Adm Cler Prj Contr Intern
$93.17 $107.69 $116.35 $80.51 $70.27 $65.04 $30.58 22.00$ $56.24 $35.58 $87.41 $57.50 $40.13 $50.31 $42.67 $29.09 $87.35 $40.36 $73.12 $53.85 $35.71 $47.74 $40.77 $34.29 $29.27 $38.87 $18.72
TASK NO. TASK NAME
1.0 Project Management & Coordination 96 0 0 0 0 0 0 8 36 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 0 172 $ 12,388.80 $ 30,978.34
1.1 Updated Project Procedures Manual 0 $ - $ -
1.2 Monthly Invoices & Progress Reports 16 8 16 40 $ 2,562.56 $ 6,407.71
1.3 Coordination/Administration 64 16 80 $ 6,862.72 $ 17,160.31
1.3A Peer Technical Review Committee 0 $ - $ -
1.4 Control/Scheduling 8 8 16 32 $ 1,817.20 $ 4,543.93
1.5 Administrative Record 8 4 12 $ 400.96 $ 1,002.61
1.6 Subconsultant Management 8 8 $ 745.36 $ 1,863.78
2.0 Community Involvement 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 $ 449.92 $ 1,125.03
2.2 Public Meeting #4 0 $ - $ -
2.4 Project Mailing List 0 $ - $ -
2.5 Project Website 8 8 $ 449.92 $ 1,125.03
2.6 Project Newsletters 0 $ - $ -
2.8 Presentations 0 $ - $ -
2.9 Elected and Appointed Officials Briefings 0 $ - $ -
2.10 Community Advisory Committee 0 $ - $ -
7.0 Final EIS and Schematic Design 14 - - - - 8 - - 28 - 8 20 - - - - - - - - - - - - - - - 78 $ 5,248.70 $ 13,124.44
7.2 Traffic Modeling for the Preferred Alternative 0 $ - $ -
7.6 Context Sensitive Solutions 0 $ - $ -
7.7 Schematic Design Coordination 0 $ - $ -
7.8 Right-Of-Entry 0 $ - $ -
7.10 Noise Analysis 0 $ - $ -
7.11 Air Quality Analysis 0 $ - $ -
7.12 Geology/soils 0 $ - $ -
7.13 Water Quality Analysis 0 $ - $ -
7.14 Floodplains 0 $ - $ -
7.15 Wetlands 0 $ - $ -
7.16 Vegetation 0 $ - $ -
7.17 Wildlife 0 $ - $ -
7.18 Threatened or Endangered Species 12 24 8 20 64 $ 4,317.08 $ 10,794.91
7.19 Hazardous Materials Assessment 0 $ - $ -
7.20 Cultural Resources 0 $ - $ -
7.21 Indirect Impacts 0 $ - $ -
7.22 Cumulative Impacts 0 $ - $ -
7.23 Preliminary Final EIS 2 8 4 14 $ 931.62 $ 2,329.53
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS 0 $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS 0 $ - $ -
7.28 Record of Decision 0 $ - $ -
7.29 Notice of Record of Decision 0 $ - $ -
7.30 Environmental Permits, Issues and Commitments 0 $ - $ -
110 - - - - 8 - 8 72 - 8 20 - - - - - - - - - - - - - 32 - 258 18,087.42$ 45,227.81$
RAW LABOR
COST
TOTAL LABOR
COST
LABOR TOTAL
FEE SCHEDULEDetailed Labor Distribution
LABOR DISTRIBUTION: Jacobs Project Mgmt/Senior Advisors Planning and Environmental Engineering Technical Specialist Production and Support
LABOR HOUR
TOTALS
10/8/2014 Task Detail - Jacobs 6 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-13
ITEM Quantity Units Rate Amount Subtotals
Other Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)
Reproductions (Plot Printing)
Data Gathering
Subtotals: -$
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight Mail
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:
Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto) miles @
Airfare (Coach/Rd Trip/person) trips @
Lodging nights @
Itemized Meals
Car Rental (plus Fuel & Taxes) days
each @
Tolls
Taxi
Van
Gas for Car Rental gallons @
Parking trips @
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.Expenses will be billed at actual cost.
LS
Jacobs Expense Detail
Detailed Itemization of Expense Items
FEE SCHEDULE
10/8/2014 Expense Detail- Jacobs 7 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-14
LABOR - Ama Terra
Principal Princp $68.69 -$ Historic Architect Hist Arch $40.10 -$ Senior Historian Sr Hist $31.66 -$ Historian Hist $26.38 -$
Archeologist V/Principal Investigator Arch V $44.32 -$
Archeologist IV/Project Archeologist Arch IV $36.93 -$ Archeologist II/Crew Chief Arch II $21.10 -$ GIS Specialist GIS $22.16 -$ Editor Editor $21.10 -$ Clerical Adm Cler $21.10 -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$
TOTALS -$
164.51%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor Rate
Labor Summary
Total Project Hours
Total Project Direct
Labor
Labor Class. Code
10/8/2014 Fee Sum - Amaterra 8 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-15
FEE SCHEDULEDetailed Labor Distribution
Multiplier
Princp Hist Arch Sr Hist Hist Arch V Arch IV Arch II GIS Editor Adm Cler
$68.69 $40.10 $31.66 $26.38 $44.32 $36.93 $21.10 $22.16 $21.10 $21.10
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - - - - - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - - - - - - - - -$ -$
LABOR
HOUR
TOTALS RAW LABOR COST TOTAL LABOR COST
LABOR DISTRIBUTION: Jacobs Production and SupportCultural Resource
LABOR TOTAL
10/8/2014 Task Detail - Amaterra 9 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-16
ITEM Quantity Units Rate Amount SubtotalsReproduction:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)
Reproductions (Plot Printing)Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight Delivery (Oversize)Subtotals:
Miscellaneous Direct Expenses:
TARL Site FeeSubtotals:
Public Meeting Services:
Travel Expenses
Mileage (Current State Rate) (personal auto)
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
Ama Terra Expense Detail
Detailed Itemization of Expense Items
FEE SCHEDULE
10/8/2014 Expense Detail - Amaterra 10 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-17
LABOR - Hicks & Company
Senior Environmental Scientist II Sr. Env. Sci. II $60.00 -$ Senior Environmental Scientist I Sr. Env. Sci. I $52.00 -$ Environmental Professional II Env'l Prof II $35.00 -$ Environmental Staff III Env'l Staff III $24.00 -$ Environmental Staff II Env'l Staff II $22.50 -$ Word Processing Word Proc $18.00 -$ Administrative Clerical Adm Cler $20.16 -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$ TOTALS -$
160.00%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor rate
Labor Summary
Total Project HoursTotal Project Direct
Labor
Labor Class. Code
10/8/2014 Fee Sum - Hicks 11 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-18
FEE SCHEDULE
Detailed Labor DistributionMultiplier
Sr. Env. Sci. IISr. Env.
Sci. IEnv'l Prof II Env'l Staff III Env'l Staff II Word Proc Adm Cler
LABOR
HOUR
TOTALS
RAW LABOR COST TOTAL LABOR COST
$60.00 $52.00 $35.00 $24.00 $22.50 $18.00 $20.16
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - - - - - -$ -$
LABOR DISTRIBUTION: Hicks & Company
LABOR TOTAL
EnvironmentalProduction and
Support
10/8/2014 Task Detail - Hicks 12 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-19
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto) miles @
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
FEE SCHEDULE
Hicks & Company Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Hicks 13 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-20
LABOR - Smith & Associates Consulting, LLC.
Senior Advisor Sr Advisor $63.17 -$
Senior Public Involvement Manager Sr PI Mgr $43.49 16 696$
Public Involvement Task Manager PI Task Mgr $28.27 32 905$
Fully Burdened Direct Labor 48 1,600.48$ 2,069.10$
Subtotals 3,669.58$ 440.35$
Direct Expenses 200.00$ TOTALS 4,309.93$
129.28%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor Classification Labor Rate
Labor Summary
Total Project Hours Total Project Direct Labor
Labor Class. Code
10/8/2014 Fee Sum - Smith 14 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-21
Multiplier
2.567936
Sr Advisor Sr PI Mgr PI Task Mgr
LABOR
HOUR
TOTALS
RAW LABOR COST TOTAL LABOR COST
$63.17 $43.49 $28.27
TASK NO. TASK NAME
1.0 Project Management & Coordination 16 16 $ 452.32 $ 1,161.53
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports 16 16 $ 452.32 $ 1,161.53
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement 16 16 32 $ 1,148.16 $ 2,948.40
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website 16 16 32 $ 1,148.16 $ 2,948.40
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- 16 32 48 1,600.48$ 4,109.93$
FEE SCHEDULE
LABOR DISTRIBUTION: Smith
LABOR TOTAL
Detailed Labor Distribution
Public Involvement
10/8/2014 Task Detail - Smith 15 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-22
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & MailingNewsletter #5 Printing and Mailout
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality ServicesConstant Contact (email distribution) month $40
Website Support Services $200.00Subtotals: 200.00
Public Meeting Services:
FEIS NOA English SA Express-News LSFEIS NOA Spanish La Prensa LS
PM #4 30-day legal English SA Express-News LSPM #4 30-day legal Spanish La Prensa LS
PM#4 10-day legal English SA Express-News LSPM #4 10-day legal Spanish La Prensa LS
ROD English SA Express-News LSROD Spanish La Prensa LS
Display Ads Bulverde News LSNorth Central News LSThe Herald – Zeitung LS
Express-News LSWelcome Home LS
SA Current LSLa Prensa LS
Subtotals:
Travel Expenses:
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
LS
Legal Notices and Ads for Public Meeting #4
FEE SCHEDULE
LS
Smith & Associates Consulting, LLC. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Smith 16 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-23
Parking
Subtotals:
TOTAL*: 200.00
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
10/8/2014 Expense Detail- Smith 17 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-24
LABOR - Ximenes & Associates, Inc.
-$ Senior Public Involvement Manager Sr PI Mgr $87.49 -$ Public Involvement Task Manager PI Task Mgr $61.76 -$ Administrative Clerical Adm Cler $20.59 -$
-$ -$
Direct Labor -$ Overhead @ -$
Subtotals -$ Fixed Fee @ -$
Direct Expenses -$
TOTALS -$
129.28%
(see attached pages)12.00%
FEE SCHEDULE SUMMARY
Labor Classification Labor Rate
Labor Summary
Total Project
Hours
Total Project
Direct Labor
Labor Class.
Code
10/8/2014 Fee Sum - Ximenes 18 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-25
Multiplier
Sr PI MgrPI Task
MgrAdm Cler
$87.49 $61.76 $20.59
TASK NO. TASK NAME
1.0 Project Management & Coordination $ - $ -
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports $ - $ -
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design - - - - $ - $ -
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species $ - $ -
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
- - - - -$ -$
FEE SCHEDULE
LABOR DISTRIBUTION: Jacobs Public Involvement
LABOR
HOUR
TOTALS
LABOR TOTAL
RAW LABOR COST TOTAL LABOR COST
Detailed Labor Distribution
10/8/2014 Task Detail - Ximenes 19 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-26
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Copies (8.5x11)
Copies (11X17)
Color Copies (11X17)Reproductions (Plot Printing)
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services
Subtotals:
Public Meeting Services (CAC meeting and PM #4):
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto)
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals:
TOTAL*:
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
FEE SCHEDULE
Ximenes & Associates, Inc. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Ximenes 20 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-27
LABOR - Zara Environmental, LLC.
Sr. Project Manager Sr. PM $53.50 86 4,601.00$ Permitted Scientist PS $37.46 235 8,803.10$
Geology Technician GT $30.40 -$
Tech Editor/GIS TE/GIS $30.40 26 790.40$ Hydrogeologist HYG $37.46 20 749.20$ Geophysicist GP $37.46 -$ Office Administrator Admin $22.68 39 884.52$
Direct Labor 406 15,828.22$ Overhead @ 26,231.00$
Subtotals 42,059.22$ Fixed Fee @ 5,047.11$
Direct Expenses 280.00$
TOTALS 47,386.33$
165.723%
(see attached pages)
12.00%
FEE SCHEDULE SUMMARY
Labor ClassificationLabor Rate
Labor Summary
Total Project Hours
Total Project Direct
Labor
Labor Class.
Code
10/8/2014 Fee Sum - Zara 21 of 23US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-28
Multiplier
2.9760976
Sr. PM PS GT TE/GIS HYG GP Admin
$53.50 $37.46 $30.40 $30.40 $37.46 $37.46 $22.68
TASK NO. TASK NAME
1.0 Project Management & Coordination 14 14 28 $ 1,066.52 $ 3,174.07
1.1 Updated Project Procedures Manual $ - $ -
1.2 Monthly Invoices & Progress Reports 14 14 28 $ 1,066.52 $ 3,174.07
1.3 Coordination/Administration $ - $ -
1.3A Peer Technical Review Committee $ - $ -
1.4 Control/Scheduling $ - $ -
1.5 Administrative Record $ - $ -
1.6 Subconsultant Management $ - $ -
2.0 Community Involvement $ - $ -
2.2 Public Meeting #4 $ - $ -
2.4 Project Mailing List $ - $ -
2.5 Project Website $ - $ -
2.6 Project Newsletters $ - $ -
2.8 Presentations $ - $ -
2.9 Elected and Appointed Officials Briefings $ - $ -
2.10 Community Advisory Committee $ - $ -
7.0 Final EIS and Schematic Design 72 235 - 26 20 - 25 378 $ 14,761.70 $ 43,932.26
7.2 Traffic Modeling for the Preferred Alternative $ - $ -
7.6 Context Sensitive Solutions/Design $ - $ -
7.7 Schematic Design Coordination $ - $ -
7.8 Right-Of-Entry $ - $ -
7.10 Noise Analysis $ - $ -
7.11 Air Quality Analysis $ - $ -
7.12 Geology/soils $ - $ -
7.13 Water Quality Analysis $ - $ -
7.14 Floodplains $ - $ -
7.15 Wetlands $ - $ -
7.16 Vegetation $ - $ -
7.17 Wildlife $ - $ -
7.18 Threatened or Endangered Species 72 235 26 20 25 378 $ 14,761.70 $ 43,932.26
7.19 Hazardous Materials Assessment $ - $ -
7.20 Cultural Resources $ - $ -
7.21 Indirect Impacts $ - $ -
7.22 Cumulative Impacts $ - $ -
7.23 Preliminary Final EIS $ - $ -
7.24 - 7.25 Comment Response Matrix and Document Revision, Final EIS $ - $ -
7.26 - 7.27 EPA Review, Circulation of the Final EIS $ - $ -
7.28 Record of Decision $ - $ -
7.29 Notice of Record of Decision $ - $ -
7.30 Environmental Permits, Issues and Commitments $ - $ -
86 235 - 26 20 - 39 406 15,828.22$ 47,106.33$
LABOR
HOUR
TOTALS RAW LABOR COST TOTAL LABOR COST
FEE SCHEDULE
LABOR DISTRIBUTION: Jacobs
LABOR TOTAL
Detailed Labor Distribution
Environmental Production and Support
10/8/2014 Task Detail - Zara 22 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-29
ITEM Quantity Units Rate Amount SubtotalsOther Miscellaneous Expenses:
Reproduction
Misc. Copies
Subtotals:
Other Direct Expenses:
Miscellaneous Office Supplies/ Equipment
Miscellaneous Office Supplies/ Equipment
Outsourced Printing & Copying
Postage`
Overnight (Oversize)
Subtotals:
Miscellaneous Direct Expenses:
Ouside Speciality Services each @ $600Field Supplies
Downhole Camera and Backhoe Rental
Subtotals:
Public Meeting Services:
Subtotals:
Travel Expenses
Mileage (Current State Rate) (personal auto)Field Truck 500 miles @ $0.560 $280.00
Airfare (Coach/Rd Trip/person)
Lodging (plus Taxes)
Itemized Meals
Car Rental (plus Fuel & Taxes)
Tolls
Taxi
Van
Gas for Car/Van
Parking
Subtotals: 280.00
TOTAL*: 280.00
Note:
Rates shown used for estimating purposes.
Expenses will be billed at actual cost.
FEE SCHEDULE
LS
LSLS
Zara Environmental, LLC. Expense Detail
Detailed Itemization of Expense Items
10/8/2014 Expense Detail- Zara 23 of 23 US 281 EIS WA#4B SWA#1 Fee Estimate v1
4-30
4-31
4-32
Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 5: Discussion and appropriate action regarding approval of the General Engineering Consultant Master Agreement with HNTB.
The Alamo RMA current General Engineering Consultant Agreement with HNTB expires December 31, 2014.
On July 18th, 2014 The Alamo RMA issued a Request for Qualifications seeking to identify and obtain the services of two qualified engineering firms to provide general consulting civil engineering services as the General Engineering Consultants (or GEC) for the Alamo RMA.
Four firms submitted responses and all four firms made oral presentations to the Board on September 18th, 2014. The Board selected two firms, HNTB Corporation and Pape Dawson Munoz, LLC., and directed Alamo RMA staff to begin negotiations and prepare Master Agreements.
Alamo RMA staff requests appropriate action for approval of the proposed Master Agreement with HNTB Corporation.
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
5-1
ALAMO REGIONAL MOBILITY AUTHORITY
AGREEMENT FOR
GENERAL CONSULTING CIVIL ENGINEERING SERVICES
(HNTB)
5-2
TABLE OF CONTENTS
1. THE SERVICES, GENERALLY. ...........................................................................1
2. SCOPE OF SERVICES. ..........................................................................................3
3. “CONSULTING ENGINEERS” UNDER TRUST AGREEMENTS. ....................3
4. COMPENSATION. .................................................................................................3
a. Basis for Compensation ...............................................................................3
b. Computation and Adjustment of the Auditable Overhead Rate ..................5
c. Expenses ......................................................................................................5
d. Non-Compensable Time ..............................................................................7
e. Invoices and Records ...................................................................................8
f. Effect of Payments .......................................................................................8
g. No Adjustments to Direct Labor Costs and Auditable Overhead Rate .......9
h. Commercial Pricing .....................................................................................9
i. Place of Payment..........................................................................................9
j. Timing of Payments ...................................................................................10
k. Taxes ..........................................................................................................11
l. As-Needed Basis ........................................................................................11
m. Compensation of Subconsultants ...............................................................11
5. TIME OF PERFORMANCE. ................................................................................12
6. TERMINATION FOR DEFAULT. .......................................................................12
7. OPTIONAL TERMINATION. ..............................................................................14
a. Generally ....................................................................................................14
b. No Further Rights, Etc ...............................................................................14
c. No Further Compensation ..........................................................................14
8. TERMINATION, GENERALLY. .........................................................................15
9. SUSPENSION OR MODIFICATION OF SERVICES; DELAYS AND
DAMAGES. ...........................................................................................................15
10. PERSONNEL, EQUIPMENT AND MATERIAL, GENERALLY. .....................16
a. Adequate Personnel, Etc ............................................................................16
b. Removal of Personnel ................................................................................17
c. GEC Furnishes Equipment, Etc .................................................................17
d. Key Personnel ............................................................................................17
5-3
11. PLANNING AND PERFORMANCE REVIEWS; INSPECTIONS. ...................18
12. PERSONNEL AT AUTHORITY’S FACILITIES. ...............................................18
13. OWNERSHIP OF PLANS. ...................................................................................19
a. Generally ....................................................................................................19
b. Separate Assignment ..................................................................................20
14. WORK AUTHORIZATIONS. ..............................................................................21
15. SUBLETTING. ......................................................................................................22
16. APPEARANCE AS WITNESS AND ATTENDANCE AT MEETINGS. ...........22
a. Witness .......................................................................................................22
b. Meetings .....................................................................................................22
17. COMPLIANCE WITH LAWS. .............................................................................23
18. INSURANCE. ........................................................................................................23
a. Workers’ Compensation Insurance ............................................................23
b. Comprehensive General Liability Insurance .............................................23
c. Comprehensive Automobile Liability Insurance .......................................23
d. Valuable Papers Insurance .........................................................................24
e. Architects and/or Engineers Professional Liability insurance ...................24
f. General for All Insurance ...........................................................................24
19. RELATIONSHIP BETWEEN THE PARTIES. ....................................................26
20. AUTHORITY INDEMNIFIED. ............................................................................27
21. DELIVERY OF NOTICES, ETC. .........................................................................28
a. Notices to the Authority .............................................................................28
b. Notices to the GEC ....................................................................................28
c. Date of Delivery .........................................................................................28
22. REPORTS OF ACCIDENTS, ETC. ......................................................................29
23. AUTHORITY’S ACTS. ........................................................................................29
24. LIMITATIONS. .....................................................................................................29
25. CAPTIONS NOT A PART HEREOF. ..................................................................30
26. CONTROLLING LAW, VENUE. ........................................................................30
27. TIME OF ESSENCE. ............................................................................................30
28. SEVERABILITY. ..................................................................................................30
29. SUCCESSORS. .....................................................................................................31
30. AUTHORIZATION. ..............................................................................................31
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31. INTERPRETATION..............................................................................................31
32. CONFLICTS OF INTEREST. ...............................................................................31
33. THE COMPLETE AGREEMENT. .......................................................................32
APPENDIX A SCOPE OF SERVICES
APPENDIX B RATE SCHEDULE
APPENDIX C KEY PERSONNEL
APPENDIX D WORK AUTHORIZATION
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ALAMO REGIONAL MOBILITY AUTHORITY
AGREEMENT FOR
GENERAL CONSULTING CIVIL ENGINEERING SERVICES
THIS AGREEMENT, made as of this ___ day of December, 2014, effective as of January 1, 2015, by and between the ALAMO REGIONAL MOBILITY AUTHORITY, 233 N. Pecos, Suite 420, San Antonio, Texas 78207, hereinafter referred to as the “Authority”, and HNTB CORPORATION, 301 Congress Avenue, Suite 600, Austin, Texas 78701 hereinafter referred to as the “GEC”.
W I T N E S S E T H:
WHEREAS, pursuant to that certain Request for Qualifications dated July 18, 2014 (the
“Request for Qualifications”), the Authority sought to identify and obtain the services of two
qualified engineering firms to provide general consulting civil engineering services as the
General Engineering Consultants (or GEC) for the Authority;
WHEREAS, four firms submitted responses setting forth their respective qualifications
for the work, and all four firms made oral presentations to the Authority; and
WHEREAS, HNTB Corporation was identified by the Authority as a highly qualified
provider of the required services and this Agreement has been negotiated and finalized between
those parties whereby the services shall be provided to the Authority at a fair and reasonable
price;
NOW, THEREFORE, in consideration of payments hereinafter stipulated to be made to
the GEC by the Authority, the parties do hereby agree as follows:
1. THE SERVICES, GENERALLY.
The Authority hereby retains the GEC to serve as the Authority’s General Engineering
Consultant pursuant to the terms set forth in this Agreement. All work to be performed by or on
behalf of the GEC under this Agreement is hereinafter sometimes referred to as the “Services”.
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In performing the Services, the GEC shall operate as an extension of, and in complete
coordination with, the Authority’s staff with respect to all projects which now or in the future are
studied, constructed or operated by the Authority (the “Projects”) provided that nothing herein
shall alter the GEC’s status as an independent contractor as fully set forth in Section 19 below.
To that end, the GEC shall represent, advance, and further the interests of the Authority
throughout all aspects and phases of the Authority’s activities and shall, when and as requested
by the Authority, fully support the Authority in its dealings with contractors and suppliers,
engineers and other consultants, the Authority’s general counsel and accountants, financial
advisor, traffic and revenue consultant, bond counsel, rating agencies and underwriters,
governmental entities and the public, all in accordance with the standards customarily possessed
and exercised by a practicing member of the engineering profession enjoying a favorable
reputation and currently practicing under similar circumstances. The GEC, as part of the
Services, shall also assist the Authority in the development of its Strategic Plan and periodic
amendments thereto, and shall work to assist the Authority to achieve the goals established in the
Strategic Plan. For specific aspects of the Services, consistent with its status as an independent
contractor, the GEC shall be expected to operate independently from the Authority and without
extensive oversight and direction. The GEC shall commit the personnel and resources required
to respond promptly and fully to the responsibilities and tasks assigned by the Authority
throughout the term of the GEC’s performance of the Services described in this Agreement.
Insofar as the GEC is operating as an extension of the Authority’s staff, the Authority shall use
reasonable efforts to require all construction contractors and design engineers performing work
on any Project for which the Authority is the procuring entity and a party to the contract(s) for
construction and/or design work to include the GEC as an additional insured on their contractor’s
liability insurance, including general and automobile liability insurance policies, and to
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indemnify the GEC in the same manner and to the same extent as such contractors and engineers
indemnify the Authority, except with respect to the GEC’s own negligence or willful acts.
2. SCOPE OF SERVICES.
Without limiting the provisions of Sections 1 or 3 hereof, the Services the Authority may
call upon the GEC to provide shall encompass the numerous facets of feasibility evaluation,
conceptual design, planning, final design, financing, construction management, coordination, and
other related activities necessary to plan, finance, construct, operate and maintain all facilities
contemplated, developed, owned, and/or operated by the Authority. A broad description of the
Services is set forth in the Scope of Services, attached hereto as Appendix A and made a part
hereof. Throughout the term of this Agreement, the Authority shall request the GEC to perform
specific Services through the issuance of Work Authorizations with more detailed scopes of
services or otherwise in accordance with this Agreement. The GEC shall only be compensated
for those activities undertaken in connection with a validly issued Work Authorization.
3. “CONSULTING ENGINEERS” UNDER TRUST AGREEMENTS.
Without limiting the provision of Sections 1 and 2 above, the GEC shall perform the
obligations of the “Consulting Engineers” under any existing or future Authority Trust
Agreements entered into during the period of this Agreement.
4. COMPENSATION.
Compensation for the GEC’s Services and other aspects of the mutual obligations
concerning the GEC’s Services and payment therefore are as follows:
a. BASIS FOR COMPENSATION. Subject to the terms of a Work Authorization issued
pursuant to Section 14 below, the Authority agrees to pay, and the GEC agrees to accept
as full and sufficient compensation and reimbursement for the performance of all
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Services as set forth in this Agreement, hourly rates for the staff working on the
assignment computed as follows:
Direct Labor Cost x (1.0 + OH Rate) x 1.12
where Direct Labor Cost equals salary divided by 2080; OH Rate equals the GEC’s most
recent auditable overhead rate under 48 C.F.R. Part 31, Federal Acquisition Regulations
(FAR 31); and 1.12 reflects a twelve percent (12%) profit. The range of Direct Labor
Costs for the classifications of employees working for the Authority as of the Effective
Date of this Agreement is reflected in Appendix B. Revisions to Direct Labor Cost
ranges for employee classifications and the auditable overhead rate may be proposed no
more frequently than once per calendar year, subject to the approval of the Executive
Director or his designee. The “Multiplier” is the portion of the above-referenced
equation excluding the Direct Labor Cost; i.e.: (1.0 + OH Rate) x 1.12. The initial
Multiplier to be utilized under this Agreement shall be 2.7413, computed as (1.0 +
1.44760) x 1.12.
No increase shall be made to the specified profit percentage. The first adjustment
to the auditable overhead rate (and corresponding adjustment to the Multiplier) shall be
considered no earlier than June, 2016, and consideration for subsequent adjustments to
the audited overhead rate shall be submitted no earlier than the following June of each
year, accordingly. All adjustments shall be agreed to by the parties prior to
implementation, and the Authority shall have the right to review and/or audit the GEC’s
Direct Labor Costs and auditable overhead rates upon written request. Once approved,
the Direct Labor Costs and auditable overhead rate will be used going forward until the
next annual adjustment is approved. Changes to the auditable overhead rate will not be
applied retroactively to any costs incurred prior to the date the Authority approves an
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adjustment. The GEC may present proposed adjustments in Direct Labor Costs at other
times on an as-needed basis for those changes which could not otherwise have reasonably
been foreseen, such as the addition of personnel in positions not reflected on Appendix B,
provided that no adjustments will be approved or implemented without the prior written
consent of the Authority. During the term of this Agreement the GEC shall provide to the
Executive Director or his designee, prior to requesting any adjustment to its auditable
overhead rate, a copy of the report establishing a new FAR rate for the GEC.
In the event that GEC employees or sub consultants work a substantial portion of
time in facilities owned or leased by the Authority as provided in Section 12 herein, the
auditable overhead rate will be adjusted downward to reflect the Authority’s burden of
overhead associated with such employees or sub consultants. Any such adjustments will
be agreed upon by the Authority and the GEC, effective as of such time as the GEC
employees or sub consultants begin working in facilities owned or leased by the
Authority.
The payment of the hourly rates and allowed costs shall constitute full payment
for all Services, liaisons, products, materials, and equipment required to deliver the
Services.
b. COMPUTATION AND ADJUSTMENT OF THE AUDITABLE OVERHEAD RATE. The
applicable compensation formula for this Agreement (identified in paragraph 4.a above)
will utilize the GEC’s auditable overhead rate as allowed under the provisions of FAR
31, as well as the negotiated profit percentage of twelve percent (12%). The GEC
represents that at all times, subject to the limitations on timing and approval in subsection
4.a., throughout the term of this Agreement that it shall not use an auditable overhead
rate that exceeds the rate determined in accordance with FAR 31 (or successor
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regulations); that the Direct Labor Costs shall not exceed the ranges reflected in
Appendix B and shall be based on actual salary amounts for the individuals performing
the work; and that, except as previously described in writing, the auditable overhead rate
and profit percentage used under this Agreement shall not exceed the auditable overhead
rate and profit percentage utilized by the GEC in its agreement(s) with, or subcontracts
for, GEC or comparable work for the Texas Department of Transportation (“TxDOT”),
other toll road authorities, or any other regional mobility authority in the State of Texas.
c. EXPENSES. As indicated above, the compensation computed in accordance with
subsections 4.a. and b. is anticipated by the Authority and the GEC to be full and
sufficient compensation and reimbursement for the Services, and includes all customary
out-of-pocket expenses anticipated to result from the GEC’s performance under the
Agreement that are included in the computation of the auditable overhead rate, such as
office supplies, telecommunications systems, postage, general photocopying, computer
hardware/software and service charges, and similar costs. Notwithstanding the
foregoing, the GEC shall be entitled to reimbursement for reasonable out-of-pocket
expenses actually incurred by the GEC that are necessary for the performance of its
duties under this Agreement and which are not included in the auditable overhead rate,
said expenses being limited to travel costs, printing costs, automobile expenses being
reimbursed at the federal mileage rates for travel originating from the office of the GEC
employee or sub consultant, and other expenses directly approved, in advance, by the
Executive Director or his designee. Except for automobile expenses paid at the federal
mileage rate and travel paid at state approved rates (if available), all such reimbursement
shall be at one-hundred percent (100%) of the actual cost thereof paid by the GEC to
unaffiliated entities; provided, however, that all amounts in excess of $2,000 for which
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the GEC intends to seek reimbursement pursuant to this subsection 4.c. must be approved
in advance and in writing by the Executive Director or his designee, except when such
advance approval is impractical due to a bona fide emergency situation. Except as
otherwise authorized in a validly issued Work Authorization, and only then to the extent
reimbursable by the TxDOT under the terms of any Financial Assistance Agreement, the
Authority shall not reimburse the GEC for travel, lodging, and similar expenses incurred
by the GEC to bring additional staff to its local office or to otherwise reassign personnel
to provide basic engineering support of the GEC’s performance of the Services, provided,
however, that the Authority shall reimburse, but only in accordance with the terms of this
subsection 4.c., such costs incurred by the GEC to bring to its local office or the
Authority’s facilities, with advance approval by the Executive Director or his designee,
staff with specialized skills or expertise required for the Services and not customarily
available from a staff providing general consulting civil engineering services of the type
described in this agreement. The GEC shall take all reasonable steps to acquire all goods
and services subject to reimbursement by the Authority under this Agreement on a tax-
free basis pursuant to the Authority’s tax-exempt status described in subsection 4.k. This
provision applies only to the extent the Authority’s tax exempt status can reasonably be
extended to purchases made directly by the GEC.
d. NON-COMPENSABLE TIME. Time spent by the GEC’s employees or sub
consultants to perform services or functions capable of being carried out by other,
subordinate personnel with a lower hourly rate shall be billed at a rate equivalent to that
of the applicable qualified subordinate personnel. Time spent by the GEC’s personnel
or sub consultants in an administrative or supervisory capacity not related to the
performance of the Services shall not be compensable. Time spent on work that is in
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excess of what would reasonably be considered appropriate for the performance of such
Services shall not be compensable.
e. INVOICES AND RECORDS. The GEC shall submit one (1) copy of its monthly
invoices certifying the salaries and expenses incurred in providing the Services under
this Agreement during the previous month, and shall also present a reconciliation of
monthly invoices and the work authorization (and related estimates) to which the work
relates. The invoice shall be in a form directly acceptable to TxDOT for potential
reimbursement by TxDOT to the Authority. Each invoice shall be in such detail as is
required by the Authority and TxDOT, including a breakdown of services provided on a
project-by-project basis and/or pursuant to specified work authorizations, together with
other Services requested by the Authority. Upon request of the Authority, the GEC
shall also submit certified time and expense records and copies of invoices that support
the invoiced salary and expense figures. All books and records relating to the GEC’s or
sub consultants’ time, out-of-pocket expenses, materials, or other Services or
deliverables invoiced to the Authority under this Agreement shall be made available
during the GEC’s normal business hours to the Authority and its representatives for
review, copying and auditing throughout the term of this Agreement and for three (3)
years after the expiration thereof. No compensation shall be made for revisions to the
GEC’s or sub consultants’ services or deliverables required due in any way to the error,
omission, or fault of the GEC, its employees, agents, sub consultants, or contractors.
f. EFFECT OF PAYMENTS. No payment by the Authority shall relieve the GEC of its
obligation to deliver timely the Services required under this Agreement. If after
approving or paying for any service, product or other deliverable, the Authority
determines that said service, product or deliverable does not satisfy the requirements of
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this Agreement, the Authority may reject same and, if the GEC fails to correct or cure
same within a reasonable period of time and at no additional cost to the Authority, the
GEC shall return any compensation received therefore. In addition to all other rights
provided in this Agreement, the Authority shall have the right to set off any amounts
owed by the GEC pursuant to the terms of this Agreement upon providing the GEC
prior written notice thereof.
g. NO ADJUSTMENTS TO DIRECT LABOR COSTS AND AUDITABLE OVERHEAD RATE.
Except as otherwise expressly provided in subsection 4.a. above, the Authority and the
GEC shall not make adjustments to the Direct Labor Costs or the auditable overhead rate
during the term of this Agreement. The Authority and the GEC do not anticipate that any
services, work, deliverables or expenses of any nature shall be undertaken or incurred by
the GEC on behalf of the Authority that constitute “Extra Work” or otherwise fall outside
the terms of this Agreement. Unless the parties otherwise expressly agree in writing to
the contrary, all work of any nature undertaken by the GEC or its sub consultants during
the term of this Agreement on behalf of the Authority shall be conclusively presumed to
have been undertaken under, and be subject to, the terms of this Agreement.
h. COMMERCIAL PRICING. Federal Acquisition Regulations allow for payment of
direct auditable expenditures and commercial pricing of certain products. The GEC may
engage in commercial pricing when legally permissible, not in contravention of federal
regulations, and specifically approved by the Board of Directors.
i. PLACE OF PAYMENT. Payments owing under this Agreement will be made by the
Authority by wire transfer to:
Name of Bank
ABA Number: XXXXXX
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Account Name: XXXXX Address
City, State Account Number: XXXXXXX
j. TIMING OF PAYMENTS. Payment of any undisputed amounts invoiced to the
Authority by the GEC shall be made as follows:
(i) For amounts invoiced by the GEC for Services which are reimbursable by TxDOT pursuant to a toll equity grant, financial assistance agreement, or any other form of financial assistance, the Authority shall submit a payment request to TxDOT within fifteen (15) days of receipt of a conforming invoice from the GEC. Payment shall be due to the GEC from the Authority within thirty (30) days of the Authority’s receipt of payment from TxDOT. Undisputed amounts of the type described in this subparagraph (i) outstanding for more than sixty (60) days after the Authority’s receipt of payment from TxDOT shall accrue interest at the prime rate as published in the Wall Street Journal (or other accepted financial journal in the event that the Wall Street Journal ceases publication or fails to include current prime rates within its reported information) on the date payment is due or the first business day thereafter if the due date is a weekend or federal holiday (the “Prime Rate”).
(ii) For amounts invoiced by the GEC to the Authority for all properly authorized Services which are not subject to reimbursement by TxDOT, payment shall be due within thirty (30) days of receipt by the Authority of an undisputed invoice and all necessary supporting documentation. Past due amounts shall accrue interest at the lesser of the maximum rate allowed by law or the Prime Rate. In the event that more than $200,000 of costs of the type described in this subparagraph (ii) are due and payable for more than ninety (90) days, the GEC shall be entitled, upon thirty (30) days prior written notice to the Authority, to cease performing any further work for the Authority which is not of a type which is subject to reimbursement by TxDOT. Notwithstanding the foregoing, any amounts due under this subparagraph (ii) shall be paid out of the proceeds of the first Authority bond issue to occur after accrual of the costs owed, provided that such payment is not prohibited by covenants or other restrictions contained in the bond documents for the bond issue.
(iii) Any amounts invoiced to the Authority by the GEC and for which the Authority disputes payment, or reimbursable amounts disputed by TxDOT, the period for payment shall not commence until such dispute is resolved.
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k. TAXES. All payments to be made by the Authority to the GEC pursuant to this
Agreement are inclusive of federal, state, or other taxes, if any, however designated,
levied, or based. The Authority acknowledges and represents that it is a tax-exempt
entity under Sections 151.309, et seq., of the Texas Tax Code. Title to any consumable
items purchased by the GEC in performing this Agreement shall be deemed to have
passed to the Authority at the time the GEC receives payment therefore from the
Authority, and the GEC shall make a good faith effort to immediately mark, label, or
physically identify such consumable items as the property of the Authority. In the event
that a capital item is purchased for the sole use of the Authority, title shall pass or transfer
to the Authority prior to any use of the item by the GEC.
l. AS-NEEDED BASIS. As noted in Section 2 above and Section 14 below, the
Authority shall request that the GEC perform specific Services on an as-needed basis and
through the issuance of written work authorizations. No representation or assurance has
been made on behalf of the Authority to the GEC as to the total compensation to be paid
to the GEC under this Agreement.
m. COMPENSATION OF SUB CONSULTANTS. As noted in the Request for
Qualifications, Section 5.2, it is anticipated that the GEC may utilize the services of sub
consultants to respond to certain assignments under this Agreement. The selection and
services to be assigned to sub consultants must be approved in advance by the Executive
Director or his designee. All sub consultants providing services under this Agreement
shall be subject to, and compensated or reimbursed in accordance with, all requirements
of this Section 4, provided that each sub consultant shall utilize (i) its own Direct Labor
Costs and (ii) if available, its own auditable overhead rate. For sub consultants that do
not have auditable overhead rates computed in accordance with 48 C.F.R. Part 31, the
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GEC shall provide a schedule of sub consultant billing rates for the Authority’s review
and approval by the Executive Director or his designee (including any periodic
adjustments thereto) provided that no sub consultant billing rate shall exceed the GEC’s
rates (if any), including overhead and profit, for the same or similar services. The GEC
has committed to achieving certain goals relating to DBE participation and performance
of work by local firms. Each monthly invoice shall include a summary of DBE
participation achieved and the percentage of work performed by local firms.
5. TIME OF PERFORMANCE.
It is understood and agreed that the term of this Agreement shall be for five (5) years,
commencing December ____, 2014, effective January 1, 2015, and concluding December 31,
2019, subject to the earlier termination of this Agreement pursuant to Sections 6 or 7 below or
further extension terms of the term upon agreement of both parties.
6. TERMINATION FOR DEFAULT.
Time is of the essence with respect to the performance and completion of all the Services
to be furnished by the GEC pursuant to work authorizations issued in accordance with Section 14
below and which specify an agreed-upon completion or delivery date. Without limiting the
foregoing, the GEC shall furnish all Services in such a manner and at such times as the
development schedules of the Projects require so that no delay in the progression of the
evaluation, design, or construction of the Projects will be caused by or are in any way
attributable to the GEC. It is understood , however, that the GEC shall be provided sufficient
time to employ sound professional practices, and shall not be held responsible for delays in
performance occasioned by factors beyond the GEC’s reasonable control and which could not
have been foreseen with the exercise of reasonable care. Should the GEC at any time, in the
reasonable opinion of the Authority, not carry out its obligations under this Agreement or not be
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progressing toward completion of the Services to be rendered hereunder in an expeditious
manner, or if the GEC shall fail in any manner to discharge any other of its obligations under this
Agreement, the Authority may, upon providing the GEC with thirty (30) days prior written
notice pursuant to Section 21 hereof and opportunity to cure, terminate this Agreement effective
on the date following said 30-day notice and cure period (the “Termination Date”). Such
termination shall not constitute a waiver or release by the Authority of any claims for damages,
claims for additional costs incurred by the Authority to complete and/or correct the work
described in this Agreement, or any other claims or actions arising under this Agreement or
available at law or equity which it may have against the GEC for its failure to perform in
accordance with the terms of this Agreement, nor shall such termination pursuant to this
Section 6 or Section 7 below abrogate or in any way affect the indemnification obligations of the
GEC set forth in Section 20 hereof.
If the Authority shall terminate this Agreement as provided either in this Section 6 or
Section 7, no fees of any type, other than fees due and payable as of the Termination Date
pursuant to Section 4 hereof for Services performed and acceptable to the Authority, shall
thereafter be paid to the GEC, and the Authority shall have a right to set off or otherwise recover
any damages incurred by reason of the GEC’s breach hereof, together with the right to set off
amounts owed to the GEC pursuant to Section 20 hereof. In determining the amount of any
payments owed to the GEC, the value of the Services performed by the GEC prior to termination
shall be no greater than the value that would result by compensating the GEC in accordance with
Section 4 hereof for all Services performed and expenses reimbursable in accordance with this
Agreement.
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7. OPTIONAL TERMINATION.
a. GENERALLY. The Authority has the right to terminate this Agreement at its sole
option, at any time with or without cause, by providing thirty (30) days written notice of
such intention to terminate pursuant to Section 21 hereof and by stating in said notice the
“Optional Termination Date”. Upon such termination, the Authority shall enter into a
settlement with the GEC upon an equitable basis as determined by the Authority, which
shall fix the value of the work performed by the GEC prior to the Optional Termination
Date. In determining the value of the work performed, the Authority in all events shall
compensate the GEC in accordance with Section 4 hereof for all Services performed and
expenses reimbursable in accordance with this Agreement, provided, however, that no
consideration will be given to anticipated profit which the GEC might possibly have
made on the uncompleted portion of the Services.
b. NO FURTHER RIGHTS, ETC. Termination of this Agreement and payment of an
amount in settlement as described in this Section 7 shall extinguish all rights, duties,
obligations, and liabilities of the Authority and the GEC under this Agreement, and this
Agreement shall be of no further force and effect, provided, however, such termination
shall not act to release the GEC from liability for any previous default either under this
Agreement or under any standard of conduct set by common law or statute.
Notwithstanding the foregoing, Sections 13, 20 , and 24 of this Agreement shall survive
termination of this Agreement in accordance with Section 6 or this Section 7.
c. NO FURTHER COMPENSATION. If the Authority shall terminate this Agreement
as provided in this Section 7, no fees of any type, other than fees due and payable as of
the Optional Termination Date, shall thereafter be paid to the GEC, provided that the
Authority shall not waive any right to damages incurred by reason of the GEC’s breach
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thereof. The GEC shall not receive any compensation for Services performed by the
GEC after the Optional Termination Date, and any such Services performed shall be at
the sole risk and expense of the GEC.
8. TERMINATION, GENERALLY.
The Authority’s rights and options to terminate this Agreement, as provided in any
provision of this Agreement, shall be in addition to, and not in lieu of, any and all rights, actions,
options, and privileges otherwise available under law or equity to the Authority by virtue of this
Agreement or otherwise. Failure of the Authority to exercise any of its said rights, actions,
options, and privileges to terminate this Agreement as provided in any provision of this
Agreement or otherwise shall not be deemed a waiver of any of said rights, actions, options, or
privileges or of any rights, actions, options, or privileges otherwise available under law or equity
with respect to any continuing or subsequent breaches of this Agreement or of any other standard
of conduct set by common law or statute.
9. SUSPENSION OR MODIFICATION OF SERVICES; DELAYS AND DAMAGES.
In addition to the foregoing rights and options to terminate this Agreement, the Authority
may elect to suspend any portion of the Services of the GEC hereunder, but not terminate this
Agreement, by providing the GEC with prior written notice to that effect. Thereafter, the
suspended Services may be reinstated and resumed in full force and effect upon receipt from the
Authority of thirty (30) days prior written notice requesting same. Similarly, the Authority may
expand, limit, or cancel any portion of the Services previously assigned to the GEC in
accordance with this Agreement. The GEC shall not be entitled to any damages or other
compensation of any form in the event that the Authority exercises its rights to suspend or
modify the Services pursuant to this Section 9, provided, however, that any time limits
established by the parties in any work authorization or otherwise for the completion of specific
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portions of the Services suspended pursuant to this Section 9 shall be extended to allow for said
suspension or modifications thereof. Without limiting the foregoing, the GEC agrees that no
claims for damages or other compensation shall be made by the GEC for any delays or
hindrances occurring during the progress of any portion of the Services specified in this
Agreement as a result of any suspension or modification of the Services or otherwise. Such
delays or hindrances, if any, shall be provided for by an extension of time for such reasonable
periods as the Authority may decide and an equitable adjustment to GEC’s compensation as
deemed reasonable by the Authority. It is acknowledged, however, that permitting the GEC to
proceed to complete any Services or any part of them after the originally specified date for
completion, or after the date to which the time for completion may have been extended, shall in
no way operate as a waiver on the part of the Authority or any of its rights herein.
10. PERSONNEL, EQUIPMENT AND MATERIAL, GENERALLY.
a. ADEQUATE PERSONNEL, ETC. The GEC shall furnish and maintain, at its own
expense, adequate and sufficient personnel (drawn from its own employees or from
approved sub consultants) and equipment, in the reasonable opinion of the Authority, to
perform the Services with due and reasonable diligence customary of an engineering firm
enjoying a favorable reputation, and in all events without delays attributable to the GEC
which have a reasonable likelihood of adversely affecting the progress of others involved
with one or more of the Projects or the progress of the feasibility evaluation, design or
construction of any such Project. All persons, whether employees of the GEC or of an
approved sub consultant, providing the Services shall be fully licensed to the extent
required by their professional discipline associations’ codes or otherwise by law.
Without limiting the foregoing, all persons in charge of, or responsible for, design, plan
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preparation, and related engineering work shall be licensed to practice professional
engineering in the State of Texas and shall, in the case of the GEC, be approved by the
Authority prior to their involvement in work under this Agreement.
b. REMOVAL OF PERSONNEL. All persons providing the Services, whether
employees of the GEC or of an approved sub consultant, shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any such person
who, in the opinion of the Authority, is incompetent or by his/her conduct becomes
detrimental to the provision of the Services shall, upon request of the Authority,
immediately be removed from the Services. The GEC shall furnish the Authority with a
fully qualified candidate for the removed person within ten (10) days thereafter, provided,
however, said candidate shall not begin work under this Agreement unless and until
approved by the Executive Director or his designee.
c. GEC FURNISHES EQUIPMENT, ETC. Except as otherwise specified, the GEC
shall furnish all equipment, transportation, supplies, and materials required for its
Services under this Agreement.
d. KEY PERSONNEL. The GEC acknowledges and agrees that the individual(s)
identified on Appendix C attached hereto and made apart hereof are key and integral to
the satisfactory performance of the GEC under this agreement. Throughout the term of
this agreement, the GEC agrees that the identified individual(s), whether employee(s) of
the GEC or of an approved sub-consultant, will remain in charge of the performance of
the Services and shall devote substantial and sufficient time and attention thereto, to the
extent indicated on Appendix C. The death or disability of any such individual, his/her
disassociation from the GEC or the approved sub-consultant, or his/her failure or inability
to devote sufficient time and attention to the Services shall, at the Authority’s option,
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constitute a default requiring the GEC promptly to replace said individual with a person
suitably qualified and otherwise acceptable to the Authority. In no event shall the GEC
remove, transfer, or reassign any individual identified on Appendix C except as instructed
by, or with the prior written consent of, the Authority. The GEC shall use its best efforts
to enhance continuity in the key personnel, sub-consultants, and other employees
regularly performing the Services. The GEC shall notify and consult with the Authority
regarding the scheduling of unusual or prolonged corporate activities, vacations, and
other engagements by key personnel during which he/she is unavailable for the Services.
Individuals may be added to or deleted from Appendix C with the mutual consent of the
GEC and the Authority.
11. PLANNING AND PERFORMANCE REVIEWS; INSPECTIONS.
As may be directed by the Authority, key personnel shall meet with the Authority’s
Executive Director and/or his designee(s) periodically (a) to assess the GEC’s progress under
this Agreement and performance of the Services and (b) to plan staffing levels to be provided by
the GEC to the Authority for the upcoming period. The GEC shall permit inspections of its
Services by the Authority or others, when requested by the Authority. Nothing contained in this
Agreement shall prevent the Authority from scheduling such other planning and performance
reviews with the GEC or inspections as the Authority thinks necessary.
12. PERSONNEL AT AUTHORITY’S FACILITIES.
The Authority may at any time require one or more of the GEC’s managers and core staff
and/or sub consultants to office at the Authority’s administration building or other facility.
While working at any of the Authority’s facilities, the GEC’s personnel and sub consultants shall
comply with the Authority’s work place policies and abide by the Authority’s standards of
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employee conduct. The GEC shall take all steps required to maintain the proper coordination
and exchange of information among the locations at which the Services are performed. As
provided for in Section 4.a. above, the auditable overhead rate shall be adjusted downward by
agreement of the parties for personnel that office at the Authority’s facilities on a full-time basis.
13. OWNERSHIP OF PLANS.
a. GENERALLY. Notwithstanding any provision in this Agreement or in common
law or statute to the contrary, all of the plans, tracings, estimates, specifications,
computer records, discs, tapes, proposals, sketches, diagrams, charts, calculations,
correspondence, memoranda, survey notes, and other data and materials, and any part
thereof, created, compiled or to be compiled by or on behalf of the GEC, including all
information prepared for or posted on the Authority’s website and together with all
materials and data furnished to it by the Authority, shall at all times be and remain the
property of the Authority and shall not be subject to any restriction or limitation on their
further use by or on behalf of the Authority for the specific purpose intended under this
Agreement; and if at any time demand be made by the Authority for any of the above
materials, records, and documents, whether after termination of this Agreement or
otherwise, such shall be turned over to the Authority without delay. The Authority
hereby grants the GEC a revocable license to retain and utilize the foregoing materials,
said license to terminate and expire upon the earlier to occur of (a) the completion of
Services described in this Agreement or (b) the termination of this Agreement, at which
time the GEC shall deliver to the Authority all such materials and documents. If the GEC
or a sub consultant desires later to use any of the data generated or obtained by it in
connection with the Projects or any other portion of the work product resulting from the
Services, it shall secure the prior written approval of the Authority. Notwithstanding
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anything contained herein to the contrary, the GEC shall have the right to retain a copy of
the above materials, records and documents for its archives. The GEC shall retain its
copyright and ownership rights in its databases, computer software (object code and
source code), any tools, systems or information, know-how, methodologies, equipment or
processes, any derivatives thereto and the intellectual property inherent therein and
appurtenant thereto that was retained or owned by the GEC and existed prior to or at the
time the GEC began providing any relevant Services under this Agreement. Intellectual
property originally developed, utilized, or modified in the performance of Services for
which the GEC is compensated under the terms of this Agreement shall remain the
property of the Authority. The Authority retains an unrestricted license for software
packages originally developed with Authority funds. If the Authority makes any material
modification to the above described documents, materials and records for any reason
other than their intended use without the GEC’s concurrence with such modification, the
GEC shall be released from any liability to the Authority as a result of such action.
b. SEPARATE ASSIGNMENT. If for any reason the agreement of the Authority and
the GEC set forth in subsection 13.a. above regarding the ownership of work product and
other materials is determined to be unenforceable, either in whole or in part, the GEC
hereby assigns and agrees to assign to the Authority all right, title, and interest that GEC
may have or at any time acquire in said work product and other materials, without
royalty, fee or other consideration of any sort, and without regard to whether this
Agreement has terminated or remains in force. The Authority hereby acknowledges,
however, that all documents and other work product provided by the GEC to the
Authority and resulting from the Services performed under this Agreement are intended
by the GEC solely for the use for which they were originally prepared. Notwithstanding
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anything contained herein to the contrary, the GEC shall have no liability for the use by
the Authority of any work product generated by the GEC under this Agreement on any
project other than for the specific purpose and Project for which the work product was
prepared. Any other reuse of such work product without the prior written consent of the
GEC shall be at the sole risk of the Authority.
14. WORK AUTHORIZATIONS.
Work shall be in accordance with the scope, schedule, and budget set forth in each Work
Authorization. The standard form of Work Authorization is attached hereto as Appendix D and
made a part hereof, which standard form may be modified during the term of this Agreement
upon the reasonable request of the Authority. Upon oral directive from the Authority, the GEC
shall prepare the Work Authorization for the specific task, to be submitted for the Authority’s
approval. No work shall begin on the activity until the Work Authorization is approved and fully
executed. The basis for payment on each Work Authorization will be either (i) lump sum, (ii)
cost plus to a maximum, or (iii) billing rate, or some combination of these methods, as stipulated
in the Work Authorization. In no case will the maximum be exceeded without prior written
approval from the Authority. The maximum fee allowable for the performance of Services under
each Work Authorization shall be computed as described in Section 4. The costs associated with
work performed on any Work Authorization will be tracked and reported to the Authority
separately from other work performed by the GEC. The monthly invoice to the Authority will
include a progress summary of the Services performed the previous month on each ongoing
Work Authorization.
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15. SUBLETTING.
The GEC shall not sublet, assign, or transfer any part of the Services or obligations
included in this Agreement without the prior written approval of the Executive Director or his
designee. Responsibility for sublet, assigned or transferred Services shall remain with the GEC.
16. APPEARANCE AS WITNESS AND ATTENDANCE AT MEETINGS.
a. WITNESS. If requested by the Authority or on its behalf, the GEC shall prepare
such engineering or other exhibits and plats as may be requested for all hearings and
trials related to any of the Projects, the Services, or the Authority’s activities generally
and, further, it shall prepare for and appear at conferences at the offices of legal counsel
and shall furnish competent fact engineering witnesses to provide such oral testimony and
to introduce such demonstrative evidence as may be needed throughout all trials and
hearings with reference to any litigation relating to the Projects, the Services, or the
Authority’s activities. Compensation for such activities, if any, shall be as agreed upon,
in writing, by the Authority and the GEC.
b. MEETINGS. At the request of the Authority, the GEC shall provide appropriate
personnel for conferences at its offices, or attend meetings and conferences at (a) the
various offices of the Authority, (b) at the district headquarters or offices of TxDOT, (c)
the offices of the Authority’s legal counsel, (d) at the site of any Project, or (e) any
reasonably convenient location. Without limiting the foregoing, the GEC shall provide
personnel for periodic meetings with underwriters, rating agencies, and other parties
when requested by the Authority. Compensation for such activities, if any, shall be as
agreed upon, in writing, by the Authority and the GEC.
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17. COMPLIANCE WITH LAWS.
The GEC shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules, regulations, codes and with the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance under this Agreement,
including, without limitation, workers’ compensation laws, antidiscrimination laws,
environmental laws, minimum and maximum salary and wage statutes and regulations, health
and safety codes, licensing laws and regulations, the Authority’s enabling legislation (Chapter
370 of the Texas Transportation Code), and all amendments and modifications to any of the
foregoing, if any. When requested, the GEC shall furnish the Authority with satisfactory proof
of compliance with said laws, statutes, ordinances, rules, regulations, codes, orders, and decrees
above specified.
18. INSURANCE.
Prior to beginning the Services designated in this Agreement, the GEC shall obtain and
furnish certificates to the Authority for the following minimum amounts of insurance:
a. WORKERS’ COMPENSATION INSURANCE. In accordance with the laws of the
State of Texas and employer’s liability coverage with a limit of not less than $500,000.
b. COMMERCIAL GENERAL LIABILITY INSURANCE. With limits not less than
$1,000,000 for bodily injury, including those resulting in death, and $1,000,000 for
property damage on account of any one occurrence, with an aggregate limit of
$1,000,000.
c. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Applying to owned, non-owned,
and hired automobiles in an amount not less than $5,000,000 combined single limit for
bodily injury, including death, to any one person, and property damage on account of
each occurrence. The required coverage limit may be satisfied through use of an
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umbrella policy otherwise consistent with the terms hereof. This policy, or combination
of policies providing this coverage, shall not contain any limitation with respect to a
radius of operation for any vehicle covered and shall not exclude from the coverage of
the policy any vehicle to be used in connection with the performance of the GEC’s
obligations under this Agreement.
d. VALUABLE PAPERS INSURANCE. In an amount sufficient to assure the full
restoration of any plans, drawings, field notes, logs, test reports, diaries, or other similar
data or materials relating to the Services provided under this Agreement in the event of
their loss or destruction, until such time as the work has been delivered to the Authority.
e. ARCHITECTS AND/OR ENGINEERS PROFESSIONAL LIABILITY INSURANCE. In the
amounts normally carried for its own protection in the practice of providing general
consulting civil engineering services, but in no event less than $5,000,000 per claim and
aggregate. In addition to the coverage required during the Term of this Agreement, upon
termination the GEC shall provide evidence of coverage that extends for a minimum of
three (3) years beyond the GEC’s completion of its Services.
f. UMBRELLA LIABILITY INSURANCE. With a limit of not less than $5,000,000 per
occurrence, and applying in excess over the limits and coverages noted for General
Liability above.
g. GENERAL FOR ALL INSURANCE. The GEC shall promptly, upon execution of this
Agreement, furnish certificates of insurance to the Authority indicating compliance with
the above requirements. Certificates shall indicate the name of the insured, the name of
the insurance company, the name of the agency/agent, the policy number, the term of
coverage, and the limits of coverage as required herein.
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All policies are to be written through companies (a) authorized to transact that
class of insurance in the State of Texas; (b) rated (i), with respect to the companies
providing the insurance under subsections 18.a. through d., above, by A. M. Best
Company as “A-X” or better (or the equivalent rating by another nationally recognized
rating service) and (ii) with respect to the company providing the insurance under
subsection 18.e., a rating by A. M. Best Company or similar rating service satisfactory to
the Authority and/or its insurance consultant; and (c) otherwise acceptable to the
Authority.
All policies are to be written through companies authorized to transact that class
of insurance in the State of Texas.
Such insurance shall be maintained in full force and effect during the life of this
Agreement or for a longer term as may be otherwise provided for hereunder. Insurance
furnished under subsections 18.b., and c, above, shall name the Authority as additional
insured and shall protect the Authority, its officers, employees, directors, agents, and
representatives from claims for damages for bodily injury and death and for damages to
property. Insurance furnished under subsection 18.e. shall include coverage for claims to
the extent arising from the negligent or willful acts, or failures to act, by the GEC, its
officers, employees, directors, agents, and representatives in the performance of the
Services rendered under this Agreement. Certificates shall also indicate that the
contractual liability assumed in Section 20, below, is included subject to the terms and
conditions of the policies.
The insurance carrier shall include in each of the insurance policies required
under subsections 18.a., b., c., d., and e., the following statement: “This policy will not
be canceled or materially changed during the period of coverage without at least thirty
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(30) days prior written notice addressed to the Alamo Regional Mobility Authority, 233
N. Pecos, Suite 420, San Antonio, Texas 78207, Attn: Executive Director.”
19. RELATIONSHIP BETWEEN THE PARTIES.
Notwithstanding the Authority’s sharing of space with the GEC, the anticipated
collaboration between the personnel of those organizations, or any other circumstances, the
relationship between the Authority and the GEC shall be one of an independent contractor. The
GEC acknowledges and agrees that neither it nor any of its employees, sub consultants, or
subcontractors shall be considered an employee of the Authority for any purpose. The GEC shall
have no authority to enter into any contract binding upon the Authority, or to create any
obligation on behalf of the Authority, without express written authorization from the Chairman
of the Board of Directors of the Authority and only as to such matters which do not require
approval of the Board of Directors. As an independent contractor, neither the GEC nor its
employees shall be entitled to any insurance, pension, or other benefits customarily afforded to
employees of the Authority. Under no circumstances shall the GEC, or its employees, sub
consultants, or subcontractors, represent to suppliers, contractors or any other parties that it is
employed by the Authority or serves the Authority in any capacity other than as an independent
contractor. The GEC shall clearly inform all suppliers, contractors and others that it has no
authority to bind the Authority. Nothing contained in this Agreement shall be deemed or
construed to create a partnership or joint venture, to create the relationship of employee-
employer or principal-agent, or to otherwise create any liability for the Authority whatsoever
with respect to the liabilities, obligations or acts of the GEC, its employees, sub consultants, or
subcontractors, or any other person.
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20. AUTHORITY INDEMNIFIED.
THE GEC SHALL INDEMNIFY AND HOLD HARMLESS THE AUTHORITY
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS
(WHICH, FOR THE PURPOSES OF THIS AGREEMENT, SHALL INCLUDE THE
AUTHORITY’S GENERAL COUNSEL, BOND COUNSEL, FINANCIAL ADVISORS,
TRAFFIC AND REVENUE ENGINEERING CONSULTANTS, TOLL
OPERATIONS/COLLECTIONS FIRMS, AND UNDERWRITERS) FROM ANY
CLAIMS, COSTS, OR LIABILITIES OF ANY TYPE OR NATURE AND BY OR TO
ANY PERSONS WHOMSOEVER, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS, ERRORS, OR OMISSIONS OF THE GEC OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS WITH RESPECT TO THE GEC’S PERFORMANCE OF
THE WORK TO BE ACCOMPLISHED UNDER THIS AGREEMENT. IN SUCH
EVENT, THE GEC SHALL ALSO INDEMNIFY AND HOLD HARMLESS THE
AUTHORITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND
AGENTS (AS DEFINED ABOVE) FROM ANY AND ALL REASONABLE AND
NECESSARY EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES,
INCURRED BY THE AUTHORITY IN LITIGATING OR OTHERWISE RESISTING
SAID CLAIMS, COSTS OR LIABILITIES. IN THE EVENT THE AUTHORITY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS (AS
DEFINED ABOVE), IS/ARE FOUND TO BE PARTIALLY AT FAULT, THE GEC
SHALL, NEVERTHELESS, INDEMNIFY THE AUTHORITY FROM AND AGAINST
THE PERCENTAGE OF FAULT ATTRIBUTABLE TO THE GEC OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS OR TO THEIR CONDUCT.
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Notwithstanding the foregoing, the GEC shall not be responsible for (a) construction
means, methods, techniques, sequences, procedures, or safety precautions and programs in
connection with the Project unless development or oversight of such matters is specifically
assigned to the GEC in a Work Authorization executed by both parties; (b) the failure of any
contractor, subcontractor, vendor, or other Project participant, not under contract to the GEC, to
fulfill contractual responsibilities to the Authority or to comply with federal, state or local laws,
regulations and codes; or (c) procuring permits, certificates and licenses required for any
construction unless such procurement responsibilities are specifically assigned to the GEC in
accordance with this Agreement.
21. DELIVERY OF NOTICES, ETC.
a. NOTICES TO THE AUTHORITY. All written notices, demands, and other papers or
documents to be delivered to the Authority under this Agreement shall be delivered to the
Alamo Regional Mobility Authority, 233 N. Pecos, Suite 420, San Antonio, Texas
78207, Attn: Executive Director, or at such other place or places as it may from time to
time designate by written notice delivered to the GEC.
b. NOTICES TO THE GEC. All written notices, demands, and other papers or
documents to be delivered to the GEC under this Agreement shall be delivered to HNTB
CORPORATION, 301 Congress Avenue, Suite 600, Austin, Texas 78701 until a project
office is established or at such other place or places as the GEC may designate by written
notice delivered to the Authority.
c. DATE OF DELIVERY. All written notices, demands, and other papers or
documents served upon the Authority or the GEC in the aforesaid manner shall be
deemed served or delivered for all purposes hereunder either (a) three (3) days after the
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U.S. Postal Service’s postmarked date if mailed or (b) immediately upon actual delivery
or refusal of delivery if transmitted by courier or overnight delivery service.
22. REPORTS OF ACCIDENTS, ETC.
Within twenty-four (24) hours after occurrence of any accident or other event which
results in, or might result in, injury to the person or property of any third person (including an
employee or sub consultant or employee of a sub consultant of the GEC) which results from or
involves any action or failure to act of the GEC or any employee, sub consultant, employee of a
sub consultant, or agent of the GEC or which arises in any manner from the performance of this
Agreement, the GEC shall send a written report of such accident or other event to the Authority,
setting forth a full and concise statement of the facts pertaining thereto. The GEC also shall
immediately send the Authority a copy of any summons, subpoena, notice, or other documents
served upon the GEC, its agents, employees, sub consultants, or representatives, or received by it
or them, in connection with any matter before any court arising in any manner from the GEC’s
performance of the Services under this Agreement.
23. AUTHORITY’S ACTS.
Anything to be done under this Agreement by the Authority may be done by such
persons, corporations, firms, or other entities as the Authority may designate.
24. LIMITATIONS.
Notwithstanding anything herein to the contrary, all covenants and obligations of the
Authority under this Agreement shall be deemed to be valid covenants and obligations only to
the extent authorized by Chapter 370 of the Texas Transportation Code and permitted by the
laws and the Constitution of the State of Texas, and no officer, director, or employee of the
Authority shall have any personal obligations or liability thereunder.
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25. CAPTIONS NOT A PART HEREOF.
The captions or subtitles of the several sections, subsections, and divisions of this
Agreement are inserted only as a matter of convenience and for reference, and in no way define,
limit or describe the scope of this Agreement or the scope or content of any of its sections,
subsections, divisions, or other provisions.
26. CONTROLLING LAW, VENUE.
This Agreement shall be governed and construed in accordance with the laws of the State
of Texas. The parties hereto acknowledge that venue is proper in Bexar County, Texas, for all
disputes.
27. TIME OF ESSENCE.
As set forth in Section 6, with respect to any specific delivery or performance date or
other deadline provided hereunder, time is of the essence in the performance of the provisions of
this Agreement and the GEC shall perform the Services with due diligence and as expeditiously
as is consistent with professional skill and care. The GEC acknowledges the importance to the
Authority of the project schedule and will perform its obligations under this Agreement with all
due and reasonable care and in compliance with that schedule. It is understood , however, that
the GEC shall be provided sufficient time to employ sound professional practices, and shall not
be held responsible for delays in performance occasioned by factors beyond the GEC’s
reasonable control and which could not have been foreseen with the exercise of reasonable care.
28. SEVERABILITY.
If any provision of this Agreement, or the application thereof to any person or
circumstance, is rendered or declared illegal for any reason and shall be invalid or unenforceable,
the remainder of this Agreement and the application of such provision to other persons or
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circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted
by applicable law.
29. SUCCESSORS.
This Agreement shall be binding upon and inure to the benefit of the Authority, the GEC,
and their respective heirs, executors, administrators, successors, and permitted assigns.
30. AUTHORIZATION.
Each party to this Agreement represents to the other that it is fully authorized to enter into
this Agreement and to perform its obligations hereunder, and that no waiver, consent, approval,
or authorization from any third party is required to be obtained or made in connection with the
execution, delivery, or performance of this Agreement.
31. INTERPRETATION.
No provision of this Agreement shall be construed against or interpreted to the
disadvantage of any party by any court, other governmental or judicial authority, or arbiter by
reason of such party having or being deemed to have drafted, prepared, structured, or dictated
such provision.
32. CONFLICTS OF INTEREST.
The GEC represents and warrants to the Authority, as of the effective date of this
Agreement and throughout the term hereof, that it, its employees and sub consultants (a) have no
financial or other beneficial interest in any contractor, engineer, product or service evaluated or
recommended by the GEC, except as expressly disclosed in writing to the Authority, (b) shall
discharge their consulting engineering responsibilities under this Agreement professionally,
impartially and independently, and after considering all relevant information related thereto, and
(c) are under no contractual or other restriction or obligation, the compliance with which is
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inconsistent with the execution of this Agreement or the performance of their respective
obligations hereunder.
33. THE COMPLETE AGREEMENT.
This Agreement sets forth the complete agreement between the parties with respect to the
Services and expressly supersedes all other agreements (oral or written) with respect thereto.
IN WITNESS WHEREOF, the parties hereto have signed or have caused their
respective names to be signed to multiple counterparts hereof as of the effective date first above
written.
Authority: GEC:
ALAMO REGIONAL MOBILITY AUTHORITY
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
HNTB CORPORATION
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
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APPENDIX A
SCOPE OF SERVICES
The Scope of Services will be as defined and agreed to by the Authority and GEC in individual Work Authorizations
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Alamo RMAHNTB Project: 60208
ConsultantOverhead rate (Design Office)
HNTB Corporation 144.67%Arias 136.11%CDM Smith 175.64%The DeBerry Group * 165.00%Foster CM Group 148.70%Gonzalez DeLaGarza 204.51%PCI 176.00%Prime Strategies N/ASanchez Salazar & Associates ** 145%
** Consultant does not have an audited Overhead rate and agrees to accept the previous negotiated OH rate under the prior Alamo RMA Contract.
APPENDIX BOVERHEAD RATES BY CONSULTANT
2015
** Consultant does not have an audited Overhead rates and agrees to accept the standard Texas DOT OH rate
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Senior Technical Advisor 85.00$ 115.00$ Senior Tolling Specialist 85.00$ 140.00$ Project Principal 85.00$ 115.00$ Senior Project Manager 75.00$ 90.00$ Deputy Project Manager 56.00$ 75.00$ Senior Roadway Specialist 60.00$ 85.00$ Senior Engineer 50.00$ 70.00$ Project Engineer 44.00$ 59.00$ Engineer 25.00$ 48.00$ EIT 15.00$ 25.00$ Intern 10.00$ 18.00$ Senior Engineering Technician 31.00$ 45.00$ Engineering Technician 21.00$ 35.00$ Technician 15.00$ 28.00$ Senior Transportation Planner 50.00$ 75.00$ Environmental Project Director 60.00$ 75.00$ Environmental Project Manager 50.00$ 61.00$ Senior Environmental Planner 30.00$ 46.00$ Environmental Planner 22.00$ 38.00$ Righ of Way Manager 35.00$ 55.50$ Public Involvement Manager 45.00$ 55.50$ Senior Public Inv Representative 31.00$ 42.00$ Public Involvement Representative 20.00$ 32.00$ Information Technology Manager 50.00$ 80.00$ Information Technology Engineer 27.00$ 42.00$ Landscape Architect Manager 48.00$ 58.00$ Senior Landscape Architect 33.00$ 45.00$ Landscape Architect 20.00$ 30.00$ Business Manager 35.00$ 55.00$ Sr. Project Administrator 27.00$ 40.50$ Project Administrator 23.00$ 33.00$ Clerical/Administrative 16.00$ 26.50$ Project Controls Manager 38.00$ 50.00$ Project Control Technician 18.00$ 36.00$ Construction Manager 75.00$ 89.50$ Construction Inspection Engineer 40.00$ 62.00$ Construction Inspector 28.00$ 45.00$ Construction Inspection Technician 26.00$ 40.00$ Materials Manager 40.00$ 63.00$ Schedule Manager 30.00$ 55.00$ Scheduler 25.00$ 36.00$ Senior Programmer 35.00$ 40.00$ Junior Programmer 29.00$ 35.00$ Designer/Developer 25.00$ 30.00$ 3D Manager 46.00$ 51.00$ Senior Graphics Designer 28.00$ 38.00$ Graphics Designer 20.00$ 27.00$
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
APPENDIX BHNTB
PROPOSED LABOR RATE SCHEDULE: 2015
2015 Direct Labor Cost Range
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Principal $ 48.08 $ 54.01
CMT Senior Project Manager $ 31.25 $ 38.46
CMT Project Manager $ 26.44 $ 26.44
Senior Engineer $ 39.90 40.89$
Project Engineer $ 30.00 36.29$
Senior Geologist $ 30.00 30.00$
Engineer-in-Training $ 27.24 27.24$
CADD Specialist/Drilling Coordinator $ 20.50 20.50$
Laboratory Supervisor $ 28.85 28.85$
Senior Engineering Technician $ 16.30 20.00$
Engineering Technician $ 12.25 15.25$
Certified Welding Inspector $ 24.00 26.00$
Administrative/Clerical $ 13.50 15.45$
PROPOSED LABOR RATE SCHEDULE: 2015
APPENDIX B
ARIAS & ASSOCIATES, INC
Direct Labor Cost Range
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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Alamo RMAHNTB Project: 60208
Low HighEmployee PositionSenior Management Officer -$ 125.00$ Senior Officer -$ 110.00$ Senior Project Manager -$ 90.00$ Senior Associate Engineer -$ 85.00$ Senior Associate Planner -$ 87.00$ Senior Associate Economist/Planner III -$ 87.00$ Senior Associate Analyst -$ 87.00$ Senior Engineer -$ 68.00$ Senior Planner -$ 64.00$ Senior Economist/Planner II -$ 64.00$ Senior Analyst -$ 64.00$ Assistant Engineer -$ 47.00$ Assistant Planner -$ 47.00$ Assistant Economist/Planner I -$ 47.00$ Assistant Analyst -$ 47.00$ Draftspersons -$ 28.00$ Technicians -$ 28.00$ Word Processors/Technical Typists -$ 26.00$
Technical & Clerical -$ 26.00$ Senior Traffic Modeler -$ 80.00$ Traffic Modeler -$ 75.00$ Junior Traffic Modeler I -$ 50.00$ Senior GIS / CADD Technician III (15+ Yrs.) -$ 48.00$ GIS / CADD Technician II (9-14 Yrs.) -$ 38.00$ GIS/CADD Technician I (0-8 Yrs.) -$ 28.00$ Contract Manager II (>10 Yrs.) -$ 42.00$ Contract Manager I (< 10 Yrs.) -$ 32.00$ Senior Toll System Specialist (> 10 Yrs.) -$ 78.00$ Toll System Specialist (< 10 Yrs.) -$ 58.00$ Project Administrator (1-10 Yrs.) -$ 35.00$ Admin/Clerical (1-5 Yrs.) -$ 22.00$
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
APPENDIX BCDM Smith Inc.
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost Range
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
PresidenT $ - $ 121.15
Sr. Vice President $ - $ 57.69
Director of Public Affairs $ - $ 36.85
Sr. Art Director $ - $ 36.06
Director of Marketing $ - $ 34.38
Director of Operations $ - $ 24.04
Account Executive $ - $ 25.24
Sr. Account Supervisor $ - $ 34.45
Account Coordinator $ - $ 15.63
THE DEBERRY GROUP
APPENDIX B
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost Range
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Materials Manager $ 62.50 $ 67.31
Construction Manager $ 55.29 62.50$
Chief Inspector $ 40.87 45.67$
Inspector(s) $ 36.06 40.87$
Document Control Manager $ 32.69 39.66$
Administrative Support $ 22.50 25.00$
Foster CM Group, Inc.
APPENDIX B
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost Range
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
PRINCIPAL $ 72.00 $ 84.00
SENIOR PROJECT MANAGER $ 60.00 $ 68.00
QC/QA MANAGER $ 60.00 $ 68.00
PROJECT MANAGER $ 55.00 $ 62.00
SENIOR ENGINEER $ 52.00 $ 58.00
PROJECT ENGINEER $ 37.00 $ 45.00
DESIGN ENGINEER $ 30.00 $ 38.00
EIT $ 27.00 $ 33.00
SENIOR ENGINEERING TECH $ 28.00 $ 35.00
ENGINEERING TECH $ 22.00 $ 30.00
JUNIOR ENGINEERING TECH $ 18.00 $ 25.00
SENIOR CADD OPERATOR $ 19.00 $ 25.00
CADD OPERATOR $ 12.00 $ 20.00
CONTRACT ADMINISTRATOR $ 33.00 $ 40.00
ADMIN/CLERICAL $ 18.00 $ 22.00
SENIOR RPLS $ 35.00 $ 40.00
RPLS $ 32.00 $ 35.00
SIT $ 28.00 $ 32.00
4-MAN CREW $ 50.00 $ 60.00
3-MAN CREW $ 42.50 $ 50.00
2-MAN CREW $ 35.00 $ 40.00
1-MAN WITH GPS $ 66.00 $ 72.00
ADMIN/CLERICAL (SURVEY) $ 15.00 $ 20.00
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
APPENDIX B
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost Range
Gonzalez De La Garza
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Project Principal 68.80$ 75.80$ Senior Project Manager 62.50$ 66.50$ Project Manager 60.50$ 65.50$ Senior Engineer 51.50$ 56.50$ Engineer III 54.50$ 56.50$ Engineer II 39.00$ 42.75$ Engineer I 23.50$ 34.50$ Environmental Project Director 56.50$ 65.75$ Environmental Project Manager 39.00$ 43.00$ Senior Biologist 31.00$ 39.00$ SIT II 36.00$ 42.00$ SIT I 28.00$ 34.00$ Senior RPLS 51.50$ 65.00$ RPLS 43.00$ 55.00$ Senior Technician 35.00$ 40.00$ Technician 24.50$ 33.00$ Cad Operator II 20.50$ 25.00$
Cad Operator I 18.50$ 20.50$ Survey Manager 45.00$ 52.00$ Project Administrator 24.00$ 26.00$ Clerical 12.00$ 23.00$ 2 Man Survey Crew (Direct Rate) 130.00$ 3 Man Survey Crew (Direct Rate) 160.00$ 4 Man Survey Crew (Direct Rate) 185.00$ GPS Receiver (Direct Rate) 25.00$ Flag Person 10.00$ 12.00$ Abstractor 23.00$ 43.00$
Direct Labor Cost Range
APPENDIX B
Poznecki-Camarillo, Inc.
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Principal 211.97$ $ 227.64
Sr. Transportation Planner 100.83$ 109.94$
Technician 55.94$ 69.05$
Administration 59.35$ 75.58$
APPENDIX B
Prime Strategies
PROPOSED LABOR RATE SCHEDULE: 2015
Hourly (Loaded) Rates
Hourly rates for employees in the positions/classes shown on the Appendix B are loaded rates since the above firm does not have an Overhead rate and is exempt from the Texas Administration Qualification process.
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Alamo RMAHNTB Project: 60208
Low HighEmployee Position
Project Principal $61.00 $82.00
Project Manager $58.00 $72.00
Deputy Project Manager $53.00 $66.00
Project Engineer $48.00 $61.00
Engineer $37.00 $42.00
Engineering Technician $26.00 $37.00
Administrative Assistant $13.00 $16.00
APPENDIX B
SANCHEZ-SALAZAR & ASSOCIATES, LLC
PROPOSED LABOR RATE SCHEDULE: 2015
Direct Labor Cost Range
Direct Labor Cost (Hourly salary rates) for employees in the positions/classes shown on Appendix B are calculated by taking the individual employee’s annual salary divided by 2,080 hours. The 2,080 hours is based on a standard 40 hour work-week times 52 weeks per calendar year.
NOTE: Hourly Billing Rates for positions/classes will be calculated using the assigned staff rate times the multiplier, as defined in the Agreement subsection 4a.
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APPENDIX C
KEY PERSONNEL
Title GEC Employee
Senior Project Manager
Principal-in-Charge
Deputy Project Manager
Tolling Expert
PS&E Manager
Richard Ridings
Carlos Lopez
Brad Peel
Scott Cooper
Aimee Schroller
Environmental Manager
Construction Manager
ROW Manager
Utilities Manager
Traffic Operations
Maintenance Manager
Lena Camarillo (PCI)
Pete Jacobs
Wini Bishop
John German
Jerry Shadewald
Jeff Scheick
Public Involvement Manager Cynthia Coss
Scheduler Monica Acunia
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APPENDIX D
WORK AUTHORIZATION
WORK AUTHORIZATION NO. ____
This Work Authorization is made as of this _____ day of __________, _______, under the terms and conditions established in the AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES, dated as of __________, 2014 (the “Agreement”), between the ALAMO REGIONAL MOBILITY AUTHORITY (“Authority”) and HNTB CORPORATION (“GEC”). This Work Authorization is made for the following purpose, consistent with the services defined in the Agreement:
[Brief description of the Project elements to which this Work Authorization applies]
Section A. - Scope of Services A.1. GEC shall perform the following Services:
[Enter description of the Scope of Services here for which this Work Authorization applies, or make reference to an attached Appendix]
A.2. The following Services are not included in this Work Authorization, but shall be provided as Additional Services if authorized or confirmed in writing by the Authority.
A.3. In conjunction with the performance of the foregoing Services, GEC shall provide the following submittals/deliverables (Documents) to the Authority:
Section B. - Schedule GEC shall perform the Services and deliver the related Documents (if any) according to the following schedule:
Section C. - Compensation C.1. In return for the performance of the foregoing obligations, the Authority shall pay to the GEC the amount not to exceed $ _____________, based on the attached fee estimate. Compensation shall be in accordance with the Agreement.
C.2. Compensation for Additional Services (if any) shall be paid by the Authority to the GEC according to the terms of a future Work Authorization.
Section D. - Authority’s Responsibilities The Authority shall perform and/or provide the following in a timely manner so as not to delay the Services of the GEC. Unless otherwise provided in this Work Authorization, the Authority shall bear all costs incident to compliance with the following:
Section E. - Other Provisions The parties agree to the following provisions with respect to this specific Work Authorization:
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Except to the extent expressly modified herein, all terms and conditions of the Agreement shall continue in full force and effect.
Authority: GEC:
ALAMO REGIONAL MOBILITY AUTHORITY
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
HNTB CORPORATION
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014
Agenda Item 6: Discussion and appropriate action regarding approval of the General Engineering Consultant Master Agreement with Pape Dawson Munoz, LLC.
The Alamo RMA current General Engineering Consultant Agreement with HNTB expires December 31, 2014.
On July 18th, 2014 The Alamo RMA issued a Request for Qualifications seeking to identify and obtain the services of two qualified engineering firms to provide general consulting civil engineering services as the General Engineering Consultants (or GEC) for the Alamo RMA.
Four firms submitted responses and all four firms made oral presentations to the Board on September 18th, 2014. The Board selected two firms, HNTB Corporation and Pape Dawson Munoz, LLC, and directed Alamo RMA staff to begin negotiations and prepare Master Agreements.
Alamo RMA staff requests appropriate action for approval of the proposed Master Agreement with Pape Dawson Munoz, LLC.
BOARD OF DIRECTORS
JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR.
RAMIRO CAVAZOS
JOHN MONTFORD
DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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ALAMO REGIONAL MOBILITY AUTHORITY
AGREEMENT FOR
GENERAL CONSULTING CIVIL ENGINEERING SERVICES
(PDM)
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TABLE OF CONTENTS
1. THE SERVICES, GENERALLY. ...........................................................................1
2. SCOPE OF SERVICES. ..........................................................................................3
3. “CONSULTING ENGINEERS” UNDER TRUST AGREEMENTS. ....................3
4. COMPENSATION. .................................................................................................3
a. Basis for Compensation ...............................................................................3
b. Computation and Adjustment of the Auditable Overhead Rate ..................5
c. Expenses ......................................................................................................5
d. Non-Compensable Time ..............................................................................7
e. Invoices and Records ...................................................................................8
f. Effect of Payments .......................................................................................8
g. No Adjustments to Direct Labor Costs and Auditable Overhead Rate .......9
h. Commercial Pricing .....................................................................................9
i. Place of Payment..........................................................................................9
j. Timing of Payments ...................................................................................10
k. Taxes ..........................................................................................................11
l. As-Needed Basis ........................................................................................11
m. Compensation of Subconsultants ...............................................................11
5. TIME OF PERFORMANCE. ................................................................................12
6. TERMINATION FOR DEFAULT. .......................................................................12
7. OPTIONAL TERMINATION. ..............................................................................14
a. Generally ....................................................................................................14
b. No Further Rights, Etc ...............................................................................14
c. No Further Compensation ..........................................................................14
8. TERMINATION, GENERALLY. .........................................................................15
9. SUSPENSION OR MODIFICATION OF SERVICES; DELAYS AND
DAMAGES. ...........................................................................................................15
10. PERSONNEL, EQUIPMENT AND MATERIAL, GENERALLY. .....................16
a. Adequate Personnel, Etc ............................................................................16
b. Removal of Personnel ................................................................................17
c. GEC Furnishes Equipment, Etc .................................................................17
d. Key Personnel ............................................................................................17
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11. PLANNING AND PERFORMANCE REVIEWS; INSPECTIONS. ...................18
12. PERSONNEL AT AUTHORITY’S FACILITIES. ...............................................18
13. OWNERSHIP OF PLANS. ...................................................................................19
a. Generally ....................................................................................................19
b. Separate Assignment ..................................................................................20
14. WORK AUTHORIZATIONS. ..............................................................................21
15. SUBLETTING. ......................................................................................................22
16. APPEARANCE AS WITNESS AND ATTENDANCE AT MEETINGS. ...........22
a. Witness .......................................................................................................22
b. Meetings .....................................................................................................22
17. COMPLIANCE WITH LAWS. .............................................................................23
18. INSURANCE. ........................................................................................................23
a. Workers’ Compensation Insurance ............................................................23
b. Comprehensive General Liability Insurance .............................................23
c. Comprehensive Automobile Liability Insurance .......................................23
d. Valuable Papers Insurance .........................................................................24
e. Architects and/or Engineers Professional Liability insurance ...................24
f. General for All Insurance ...........................................................................24
19. RELATIONSHIP BETWEEN THE PARTIES. ....................................................26
20. AUTHORITY INDEMNIFIED. ............................................................................27
21. DELIVERY OF NOTICES, ETC. .........................................................................28
a. Notices to the Authority .............................................................................28
b. Notices to the GEC ....................................................................................28
c. Date of Delivery .........................................................................................28
22. REPORTS OF ACCIDENTS, ETC. ......................................................................29
23. AUTHORITY’S ACTS. ........................................................................................29
24. LIMITATIONS. .....................................................................................................29
25. CAPTIONS NOT A PART HEREOF. ..................................................................30
26. CONTROLLING LAW, VENUE. ........................................................................30
27. TIME OF ESSENCE. ............................................................................................30
28. SEVERABILITY. ..................................................................................................30
29. SUCCESSORS. .....................................................................................................31
30. AUTHORIZATION. ..............................................................................................31
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31. INTERPRETATION..............................................................................................31
32. CONFLICTS OF INTEREST. ...............................................................................31
33. THE COMPLETE AGREEMENT. .......................................................................32
APPENDIX A SCOPE OF SERVICES
APPENDIX B RATE SCHEDULE
APPENDIX C KEY PERSONNEL
APPENDIX D WORK AUTHORIZATION
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ALAMO REGIONAL MOBILITY AUTHORITY
AGREEMENT FOR
GENERAL CONSULTING CIVIL ENGINEERING SERVICES
THIS AGREEMENT, made as of this ___ day of December, 2014, effective as of January 1, 2015, by and between the ALAMO REGIONAL MOBILITY AUTHORITY, 233 N. Pecos, Suite 420, San Antonio, Texas 78207, hereinafter referred to as the “Authority”, and PAPE DAWSON MUNOZ, LLC, 2000 NW Loop 410, San Antonio, Texas 78213 hereinafter referred to as the “GEC”.
W I T N E S S E T H:
WHEREAS, pursuant to that certain Request for Qualifications dated July 18, 2014 (the
“Request for Qualifications”), the Authority sought to identify and obtain the services of two
qualified engineering firms to provide general consulting civil engineering services as the
General Engineering Consultants (or GEC) for the Authority;
WHEREAS, four firms submitted responses setting forth their respective qualifications
for the work, and all four firms made oral presentations to the Authority; and
WHEREAS, Pape Dawson Munoz, LLC was identified by the Authority as a highly
qualified provider of the required services and this Agreement has been negotiated and finalized
between those parties whereby the services shall be provided to the Authority at a fair and
reasonable price;
NOW, THEREFORE, in consideration of payments hereinafter stipulated to be made to
the GEC by the Authority, the parties do hereby agree as follows:
1. THE SERVICES, GENERALLY.
The Authority hereby retains the GEC to serve as the Authority’s General Engineering
Consultant pursuant to the terms set forth in this Agreement. All work to be performed by or on
behalf of the GEC under this Agreement is hereinafter sometimes referred to as the “Services”.
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In performing the Services, the GEC shall operate as an extension of, and in complete
coordination with, the Authority’s staff with respect to all projects which now or in the future are
studied, constructed or operated by the Authority (the “Projects”) provided that nothing herein
shall alter the GEC’s status as an independent contractor as fully set forth in Section 19 below.
To that end, the GEC shall represent, advance, and further the interests of the Authority
throughout all aspects and phases of the Authority’s activities and shall, when and as requested
by the Authority, fully support the Authority in its dealings with contractors and suppliers,
engineers and other consultants, the Authority’s general counsel and accountants, financial
advisor, traffic and revenue consultant, bond counsel, rating agencies and underwriters,
governmental entities and the public, all in accordance with the standards customarily possessed
and exercised by a practicing member of the engineering profession enjoying a favorable
reputation and currently practicing under similar circumstances. The GEC, as part of the
Services, shall also assist the Authority in the development of its Strategic Plan and periodic
amendments thereto, and shall work to assist the Authority to achieve the goals established in the
Strategic Plan. For specific aspects of the Services, consistent with its status as an independent
contractor, the GEC shall be expected to operate independently from the Authority and without
extensive oversight and direction. The GEC shall commit the personnel and resources required
to respond promptly and fully to the responsibilities and tasks assigned by the Authority
throughout the term of the GEC’s performance of the Services described in this Agreement.
Insofar as the GEC is operating as an extension of the Authority’s staff, the Authority shall use
reasonable efforts to require all construction contractors and design engineers performing work
on any Project for which the Authority is the procuring entity and a party to the contract(s) for
construction and/or design work to include the GEC as an additional insured on their contractor’s
liability insurance, including general and automobile liability insurance policies, and to
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indemnify the GEC in the same manner and to the same extent as such contractors and engineers
indemnify the Authority, except with respect to the GEC’s own negligence or willful acts.
2. SCOPE OF SERVICES.
Without limiting the provisions of Sections 1 or 3 hereof, the Services the Authority may
call upon the GEC to provide shall encompass the numerous facets of feasibility evaluation,
conceptual design, planning, final design, financing, construction management, coordination, and
other related activities necessary to plan, finance, construct, operate and maintain all facilities
contemplated, developed, owned, and/or operated by the Authority. A broad description of the
Services is set forth in the Scope of Services, attached hereto as Appendix A and made a part
hereof. Throughout the term of this Agreement, the Authority shall request the GEC to perform
specific Services through the issuance of Work Authorizations with more detailed scopes of
services or otherwise in accordance with this Agreement. The GEC shall only be compensated
for those activities undertaken in connection with a validly issued Work Authorization.
3. “CONSULTING ENGINEERS” UNDER TRUST AGREEMENTS.
Without limiting the provision of Sections 1 and 2 above, the GEC shall perform the
obligations of the “Consulting Engineers” under any existing or future Authority Trust
Agreements entered into during the period of this Agreement.
4. COMPENSATION.
Compensation for the GEC’s Services and other aspects of the mutual obligations
concerning the GEC’s Services and payment therefore are as follows:
a. BASIS FOR COMPENSATION. Subject to the terms of a Work Authorization issued
pursuant to Section 14 below, the Authority agrees to pay, and the GEC agrees to accept
as full and sufficient compensation and reimbursement for the performance of all
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Services as set forth in this Agreement, hourly rates for the staff working on the
assignment computed as follows:
Direct Labor Cost x (1.0 + OH Rate) x 1.12
where Direct Labor Cost equals salary divided by 2080; OH Rate equals the GEC’s most
recent auditable overhead rate under 48 C.F.R. Part 31, Federal Acquisition Regulations
(FAR 31); and 1.12 reflects a twelve percent (12%) profit. The range of Direct Labor
Costs for the classifications of employees working for the Authority as of the Effective
Date of this Agreement is reflected in Appendix B. Revisions to Direct Labor Cost
ranges for employee classifications and the auditable overhead rate may be proposed no
more frequently than once per calendar year, subject to the approval of the Executive
Director or his designee. The “Multiplier” is the portion of the above-referenced
equation excluding the Direct Labor Cost; i.e.: (1.0 + OH Rate) x 1.12. The initial
Multiplier to be utilized under this Agreement shall be 2.6387, computed as (1.0 +
1.3560) x 1.12.
No increase shall be made to the specified profit percentage. The first adjustment
to the auditable overhead rate (and corresponding adjustment to the Multiplier) shall be
considered no earlier than June, 2016, and consideration for subsequent adjustments to
the audited overhead rate shall be submitted no earlier than the following June of each
year, accordingly. All adjustments shall be agreed to by the parties prior to
implementation, and the Authority shall have the right to review and/or audit the GEC’s
Direct Labor Costs and auditable overhead rates upon written request. Once approved,
the Direct Labor Costs and auditable overhead rate will be used going forward until the
next annual adjustment is approved. Changes to the auditable overhead rate will not be
applied retroactively to any costs incurred prior to the date the Authority approves an
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adjustment. The GEC may present proposed adjustments in Direct Labor Costs at other
times on an as-needed basis for those changes which could not otherwise have reasonably
been foreseen, such as the addition of personnel in positions not reflected on Appendix B,
provided that no adjustments will be approved or implemented without the prior written
consent of the Authority. During the term of this Agreement the GEC shall provide to
the Executive Director or his designee, prior to requesting any adjustment to its auditable
overhead rate, a copy of the report establishing a new FAR rate for the GEC.
In the event that GEC employees or sub consultants work a substantial portion of
time in facilities owned or leased by the Authority as provided in Section 12 herein, the
auditable overhead rate will be adjusted downward to reflect the Authority’s burden of
overhead associated with such employees or sub consultants. Any such adjustments will
be agreed upon by the Authority and the GEC, effective as of such time as the GEC
employees or sub consultants begin working in facilities owned or leased by the
Authority.
The payment of the hourly rates and allowed costs shall constitute full payment
for all Services, liaisons, products, materials, and equipment required to deliver the
Services.
b. COMPUTATION AND ADJUSTMENT OF THE AUDITABLE OVERHEAD RATE. The
applicable compensation formula for this Agreement (identified in paragraph 4.a above)
will utilize the GEC’s auditable overhead rate as allowed under the provisions of FAR
31, as well as the negotiated profit percentage of twelve percent (12%). The GEC
represents that at all times, subject to the limitations on timing and approval in subsection
4.a., throughout the term of this Agreement that it shall not use an auditable overhead
rate that exceeds the rate determined in accordance with FAR 31 (or successor
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regulations); that the Direct Labor Costs shall not exceed the ranges reflected in
Appendix B and shall be based on actual salary amounts for the individuals performing
the work; and that, except as previously described in writing, the auditable overhead rate
and profit percentage used under this Agreement shall not exceed the auditable overhead
rate and profit percentage utilized by the GEC in its agreement(s) with, or subcontracts
for, GEC or comparable work for the Texas Department of Transportation (“TxDOT”),
other toll road authorities, or any other regional mobility authority in the State of Texas.
c. EXPENSES. As indicated above, the compensation computed in accordance with
subsections 4.a. and b. is anticipated by the Authority and the GEC to be full and
sufficient compensation and reimbursement for the Services, and includes all customary
out-of-pocket expenses anticipated to result from the GEC’s performance under the
Agreement that are included in the computation of the auditable overhead rate, such as
office supplies, telecommunications systems, postage, general photocopying, computer
hardware/software and service charges, and similar costs. Notwithstanding the
foregoing, the GEC shall be entitled to reimbursement for reasonable out-of-pocket
expenses actually incurred by the GEC that are necessary for the performance of its
duties under this Agreement and which are not included in the auditable overhead rate,
said expenses being limited to travel costs, printing costs, automobile expenses being
reimbursed at the federal mileage rates for travel originating from the office of the GEC
employee or sub consultant, and other expenses directly approved, in advance, by the
Executive Director or his designee. Except for automobile expenses paid at the federal
mileage rate and travel paid at state approved rates (if available), all such reimbursement
shall be at one-hundred percent (100%) of the actual cost thereof paid by the GEC to
unaffiliated entities; provided, however, that all amounts in excess of $2,000 for which
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the GEC intends to seek reimbursement pursuant to this subsection 4.c. must be approved
in advance and in writing by the Executive Director or his designee, except when such
advance approval is impractical due to a bona fide emergency situation. Except as
otherwise authorized in a validly issued Work Authorization, and only then to the extent
reimbursable by the TxDOT under the terms of any Financial Assistance Agreement, the
Authority shall not reimburse the GEC for travel, lodging, and similar expenses incurred
by the GEC to bring additional staff to its local office or to otherwise reassign personnel
to provide basic engineering support of the GEC’s performance of the Services, provided,
however, that the Authority shall reimburse, but only in accordance with the terms of this
subsection 4.c., such costs incurred by the GEC to bring to its local office or the
Authority’s facilities, with advance approval by the Executive Director or his designee,
staff with specialized skills or expertise required for the Services and not customarily
available from a staff providing general consulting civil engineering services of the type
described in this agreement. The GEC shall take all reasonable steps to acquire all goods
and services subject to reimbursement by the Authority under this Agreement on a tax-
free basis pursuant to the Authority’s tax-exempt status described in subsection 4.k. This
provision applies only to the extent the Authority’s tax exempt status can reasonably be
extended to purchases made directly by the GEC.
d. NON-COMPENSABLE TIME. Time spent by the GEC’s employees or sub
consultants to perform services or functions capable of being carried out by other,
subordinate personnel with a lower hourly rate shall be billed at a rate equivalent to that
of the applicable qualified subordinate personnel. Time spent by the GEC’s personnel
or sub consultants in an administrative or supervisory capacity not related to the
performance of the Services shall not be compensable. Time spent on work that is in
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excess of what would reasonably be considered appropriate for the performance of such
Services shall not be compensable.
e. INVOICES AND RECORDS. The GEC shall submit one (1) copy of its monthly
invoices certifying the salaries and expenses incurred in providing the Services under
this Agreement during the previous month, and shall also present a reconciliation of
monthly invoices and the work authorization (and related estimates) to which the work
relates. The invoice shall be in a form directly acceptable to TxDOT for potential
reimbursement by TxDOT to the Authority. Each invoice shall be in such detail as is
required by the Authority and TxDOT, including a breakdown of services provided on a
project-by-project basis and/or pursuant to specified work authorizations, together with
other Services requested by the Authority. Upon request of the Authority, the GEC
shall also submit certified time and expense records and copies of invoices that support
the invoiced salary and expense figures. All books and records relating to the GEC’s or
sub consultants’ time, out-of-pocket expenses, materials, or other Services or
deliverables invoiced to the Authority under this Agreement shall be made available
during the GEC’s normal business hours to the Authority and its representatives for
review, copying and auditing throughout the term of this Agreement and for three (3)
years after the expiration thereof. No compensation shall be made for revisions to the
GEC’s or sub consultants’ services or deliverables required due in any way to the error,
omission, or fault of the GEC, its employees, agents, sub consultants, or contractors.
f. EFFECT OF PAYMENTS. No payment by the Authority shall relieve the GEC of its
obligation to deliver timely the Services required under this Agreement. If after
approving or paying for any service, product or other deliverable, the Authority
determines that said service, product or deliverable does not satisfy the requirements of
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this Agreement, the Authority may reject same and, if the GEC fails to correct or cure
same within a reasonable period of time and at no additional cost to the Authority, the
GEC shall return any compensation received therefore. In addition to all other rights
provided in this Agreement, the Authority shall have the right to set off any amounts
owed by the GEC pursuant to the terms of this Agreement upon providing the GEC
prior written notice thereof.
g. NO ADJUSTMENTS TO DIRECT LABOR COSTS AND AUDITABLE OVERHEAD RATE.
Except as otherwise expressly provided in subsection 4.a. above, the Authority and the
GEC shall not make adjustments to the Direct Labor Costs or the auditable overhead rate
during the term of this Agreement. The Authority and the GEC do not anticipate that any
services, work, deliverables or expenses of any nature shall be undertaken or incurred by
the GEC on behalf of the Authority that constitute “Extra Work” or otherwise fall outside
the terms of this Agreement. Unless the parties otherwise expressly agree in writing to
the contrary, all work of any nature undertaken by the GEC or its sub consultants during
the term of this Agreement on behalf of the Authority shall be conclusively presumed to
have been undertaken under, and be subject to, the terms of this Agreement.
h. COMMERCIAL PRICING. Federal Acquisition Regulations allow for payment of
direct auditable expenditures and commercial pricing of certain products. The GEC may
engage in commercial pricing when legally permissible, not in contravention of federal
regulations, and specifically approved by the Board of Directors.
i. PLACE OF PAYMENT. Payments owing under this Agreement will be made by the
Authority by wire transfer to:
Name of Bank
ABA Number: XXXXXX
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Account Name: XXXXX Address
City, State Account Number: XXXXXXX
j. TIMING OF PAYMENTS. Payment of any undisputed amounts invoiced to the
Authority by the GEC shall be made as follows:
(i) For amounts invoiced by the GEC for Services which are reimbursable by TxDOT pursuant to a toll equity grant, financial assistance agreement, or any other form of financial assistance, the Authority shall submit a payment request to TxDOT within fifteen (15) days of receipt of a conforming invoice from the GEC. Payment shall be due to the GEC from the Authority within thirty (30) days of the Authority’s receipt of payment from TxDOT. Undisputed amounts of the type described in this subparagraph (i) outstanding for more than sixty (60) days after the Authority’s receipt of payment from TxDOT shall accrue interest at the prime rate as published in the Wall Street Journal (or other accepted financial journal in the event that the Wall Street Journal ceases publication or fails to include current prime rates within its reported information) on the date payment is due or the first business day thereafter if the due date is a weekend or federal holiday (the “Prime Rate”).
(ii) For amounts invoiced by the GEC to the Authority for all properly authorized Services which are not subject to reimbursement by TxDOT, payment shall be due within thirty (30) days of receipt by the Authority of an undisputed invoice and all necessary supporting documentation. Past due amounts shall accrue interest at the lesser of the maximum rate allowed by law or the Prime Rate. In the event that more than $200,000 of costs of the type described in this subparagraph (ii) are due and payable for more than ninety (90) days, the GEC shall be entitled, upon thirty (30) days prior written notice to the Authority, to cease performing any further work for the Authority which is not of a type which is subject to reimbursement by TxDOT. Notwithstanding the foregoing, any amounts due under this subparagraph (ii) shall be paid out of the proceeds of the first Authority bond issue to occur after accrual of the costs owed, provided that such payment is not prohibited by covenants or other restrictions contained in the bond documents for the bond issue.
(iii) Any amounts invoiced to the Authority by the GEC and for which the Authority disputes payment, or reimbursable amounts disputed by TxDOT, the period for payment shall not commence until such dispute is resolved.
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k. TAXES. All payments to be made by the Authority to the GEC pursuant to this
Agreement are inclusive of federal, state, or other taxes, if any, however designated,
levied, or based. The Authority acknowledges and represents that it is a tax-exempt
entity under Sections 151.309, et seq., of the Texas Tax Code. Title to any consumable
items purchased by the GEC in performing this Agreement shall be deemed to have
passed to the Authority at the time the GEC receives payment therefore from the
Authority, and the GEC shall make a good faith effort to immediately mark, label, or
physically identify such consumable items as the property of the Authority. In the event
that a capital item is purchased for the sole use of the Authority, title shall pass or transfer
to the Authority prior to any use of the item by the GEC.
l. AS-NEEDED BASIS. As noted in Section 2 above and Section 14 below, the
Authority shall request that the GEC perform specific Services on an as-needed basis and
through the issuance of written work authorizations. No representation or assurance has
been made on behalf of the Authority to the GEC as to the total compensation to be paid
to the GEC under this Agreement.
m. COMPENSATION OF SUB CONSULTANTS. As noted in the Request for
Qualifications, Section 5.2, it is anticipated that the GEC may utilize the services of sub
consultants to respond to certain assignments under this Agreement. The selection and
services to be assigned to sub consultants must be approved in advance by the Executive
Director or his designee. All sub consultants providing services under this Agreement
shall be subject to, and compensated or reimbursed in accordance with, all requirements
of this Section 4, provided that each sub consultant shall utilize (i) its own Direct Labor
Costs and (ii) if available, its own auditable overhead rate. For sub consultants that do
not have auditable overhead rates computed in accordance with 48 C.F.R. Part 31, the
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GEC shall provide a schedule of sub consultant billing rates for the Authority’s review
and approval by the Executive Director or his designee (including any periodic
adjustments thereto) provided that no sub consultant billing rate shall exceed the GEC’s
rates (if any), including overhead and profit, for the same or similar services. The GEC
has committed to achieving certain goals relating to DBE participation and performance
of work by local firms. Each monthly invoice shall include a summary of DBE
participation achieved and the percentage of work performed by local firms.
5. TIME OF PERFORMANCE.
It is understood and agreed that the term of this Agreement shall be for five (5) years,
commencing December ____, 2014, effective January 1, 2015, and concluding December 31,
2019, subject to the earlier termination of this Agreement pursuant to Sections 6 or 7 below or
further extension terms of the term upon agreement of both parties.
6. TERMINATION FOR DEFAULT.
Time is of the essence with respect to the performance and completion of all the Services
to be furnished by the GEC pursuant to work authorizations issued in accordance with Section 14
below and which specify an agreed-upon completion or delivery date. Without limiting the
foregoing, the GEC shall furnish all Services in such a manner and at such times as the
development schedules of the Projects require so that no delay in the progression of the
evaluation, design, or construction of the Projects will be caused by or are in any way
attributable to the GEC. It is understood , however, that the GEC shall be provided sufficient
time to employ sound professional practices, and shall not be held responsible for delays in
performance occasioned by factors beyond the GEC’s reasonable control and which could not
have been foreseen with the exercise of reasonable care. Should the GEC at any time, in the
reasonable opinion of the Authority, not carry out its obligations under this Agreement or not be
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progressing toward completion of the Services to be rendered hereunder in an expeditious
manner, or if the GEC shall fail in any manner to discharge any other of its obligations under this
Agreement, the Authority may, upon providing the GEC with thirty (30) days prior written
notice pursuant to Section 21 hereof and opportunity to cure, terminate this Agreement effective
on the date following said 30-day notice and cure period (the “Termination Date”). Such
termination shall not constitute a waiver or release by the Authority of any claims for damages,
claims for additional costs incurred by the Authority to complete and/or correct the work
described in this Agreement, or any other claims or actions arising under this Agreement or
available at law or equity which it may have against the GEC for its failure to perform in
accordance with the terms of this Agreement, nor shall such termination pursuant to this
Section 6 or Section 7 below abrogate or in any way affect the indemnification obligations of the
GEC set forth in Section 20 hereof.
If the Authority shall terminate this Agreement as provided either in this Section 6 or
Section 7, no fees of any type, other than fees due and payable as of the Termination Date
pursuant to Section 4 hereof for Services performed and acceptable to the Authority, shall
thereafter be paid to the GEC, and the Authority shall have a right to set off or otherwise recover
any damages incurred by reason of the GEC’s breach hereof, together with the right to set off
amounts owed to the GEC pursuant to Section 20 hereof. In determining the amount of any
payments owed to the GEC, the value of the Services performed by the GEC prior to termination
shall be no greater than the value that would result by compensating the GEC in accordance with
Section 4 hereof for all Services performed and expenses reimbursable in accordance with this
Agreement.
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7. OPTIONAL TERMINATION.
a. GENERALLY. The Authority has the right to terminate this Agreement at its sole
option, at any time with or without cause, by providing thirty (30) days written notice of
such intention to terminate pursuant to Section 21 hereof and by stating in said notice the
“Optional Termination Date”. Upon such termination, the Authority shall enter into a
settlement with the GEC upon an equitable basis as determined by the Authority, which
shall fix the value of the work performed by the GEC prior to the Optional Termination
Date. In determining the value of the work performed, the Authority in all events shall
compensate the GEC in accordance with Section 4 hereof for all Services performed and
expenses reimbursable in accordance with this Agreement, provided, however, that no
consideration will be given to anticipated profit which the GEC might possibly have
made on the uncompleted portion of the Services.
b. NO FURTHER RIGHTS, ETC. Termination of this Agreement and payment of an
amount in settlement as described in this Section 7 shall extinguish all rights, duties,
obligations, and liabilities of the Authority and the GEC under this Agreement, and this
Agreement shall be of no further force and effect, provided, however, such termination
shall not act to release the GEC from liability for any previous default either under this
Agreement or under any standard of conduct set by common law or statute.
Notwithstanding the foregoing, Sections 13, 20 , and 24 of this Agreement shall survive
termination of this Agreement in accordance with Section 6 or this Section 7.
c. NO FURTHER COMPENSATION. If the Authority shall terminate this Agreement
as provided in this Section 7, no fees of any type, other than fees due and payable as of
the Optional Termination Date, shall thereafter be paid to the GEC, provided that the
Authority shall not waive any right to damages incurred by reason of the GEC’s breach
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thereof. The GEC shall not receive any compensation for Services performed by the
GEC after the Optional Termination Date, and any such Services performed shall be at
the sole risk and expense of the GEC.
8. TERMINATION, GENERALLY.
The Authority’s rights and options to terminate this Agreement, as provided in any
provision of this Agreement, shall be in addition to, and not in lieu of, any and all rights, actions,
options, and privileges otherwise available under law or equity to the Authority by virtue of this
Agreement or otherwise. Failure of the Authority to exercise any of its said rights, actions,
options, and privileges to terminate this Agreement as provided in any provision of this
Agreement or otherwise shall not be deemed a waiver of any of said rights, actions, options, or
privileges or of any rights, actions, options, or privileges otherwise available under law or equity
with respect to any continuing or subsequent breaches of this Agreement or of any other standard
of conduct set by common law or statute.
9. SUSPENSION OR MODIFICATION OF SERVICES; DELAYS AND DAMAGES.
In addition to the foregoing rights and options to terminate this Agreement, the Authority
may elect to suspend any portion of the Services of the GEC hereunder, but not terminate this
Agreement, by providing the GEC with prior written notice to that effect. Thereafter, the
suspended Services may be reinstated and resumed in full force and effect upon receipt from the
Authority of thirty (30) days prior written notice requesting same. Similarly, the Authority may
expand, limit, or cancel any portion of the Services previously assigned to the GEC in
accordance with this Agreement. The GEC shall not be entitled to any damages or other
compensation of any form in the event that the Authority exercises its rights to suspend or
modify the Services pursuant to this Section 9, provided, however, that any time limits
established by the parties in any work authorization or otherwise for the completion of specific
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portions of the Services suspended pursuant to this Section 9 shall be extended to allow for said
suspension or modifications thereof. Without limiting the foregoing, the GEC agrees that no
claims for damages or other compensation shall be made by the GEC for any delays or
hindrances occurring during the progress of any portion of the Services specified in this
Agreement as a result of any suspension or modification of the Services or otherwise. Such
delays or hindrances, if any, shall be provided for by an extension of time for such reasonable
periods as the Authority may decide and an equitable adjustment to GEC’s compensation as
deemed reasonable by the Authority. It is acknowledged, however, that permitting the GEC to
proceed to complete any Services or any part of them after the originally specified date for
completion, or after the date to which the time for completion may have been extended, shall in
no way operate as a waiver on the part of the Authority or any of its rights herein.
10. PERSONNEL, EQUIPMENT AND MATERIAL, GENERALLY.
a. ADEQUATE PERSONNEL, ETC. The GEC shall furnish and maintain, at its own
expense, adequate and sufficient personnel (drawn from its own employees or from
approved sub consultants) and equipment, in the reasonable opinion of the Authority, to
perform the Services with due and reasonable diligence customary of an engineering firm
enjoying a favorable reputation, and in all events without delays attributable to the GEC
which have a reasonable likelihood of adversely affecting the progress of others involved
with one or more of the Projects or the progress of the feasibility evaluation, design or
construction of any such Project. All persons, whether employees of the GEC or of an
approved sub consultant, providing the Services shall be fully licensed to the extent
required by their professional discipline associations’ codes or otherwise by law.
Without limiting the foregoing, all persons in charge of, or responsible for, design, plan
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preparation, and related engineering work shall be licensed to practice professional
engineering in the State of Texas and shall, in the case of the GEC, be approved by the
Authority prior to their involvement in work under this Agreement.
b. REMOVAL OF PERSONNEL. All persons providing the Services, whether
employees of the GEC or of an approved sub consultant, shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any such person
who, in the opinion of the Authority, is incompetent or by his/her conduct becomes
detrimental to the provision of the Services shall, upon request of the Authority,
immediately be removed from the Services. The GEC shall furnish the Authority with a
fully qualified candidate for the removed person within ten (10) days thereafter, provided,
however, said candidate shall not begin work under this Agreement unless and until
approved by the Executive Director or his designee.
c. GEC FURNISHES EQUIPMENT, ETC. Except as otherwise specified, the GEC
shall furnish all equipment, transportation, supplies, and materials required for its
Services under this Agreement.
d. KEY PERSONNEL. The GEC acknowledges and agrees that the individual(s)
identified on Appendix C attached hereto and made apart hereof are key and integral to
the satisfactory performance of the GEC under this agreement. Throughout the term of
this agreement, the GEC agrees that the identified individual(s), whether employee(s) of
the GEC or of an approved sub-consultant, will remain in charge of the performance of
the Services and shall devote substantial and sufficient time and attention thereto, to the
extent indicated on Appendix C. The death or disability of any such individual, his/her
disassociation from the GEC or the approved sub-consultant, or his/her failure or inability
to devote sufficient time and attention to the Services shall, at the Authority’s option,
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constitute a default requiring the GEC promptly to replace said individual with a person
suitably qualified and otherwise acceptable to the Authority. In no event shall the GEC
remove, transfer, or reassign any individual identified on Appendix C except as instructed
by, or with the prior written consent of, the Authority. The GEC shall use its best efforts
to enhance continuity in the key personnel, sub-consultants, and other employees
regularly performing the Services. The GEC shall notify and consult with the Authority
regarding the scheduling of unusual or prolonged corporate activities, vacations, and
other engagements by key personnel during which he/she is unavailable for the Services.
Individuals may be added to or deleted from Appendix C with the mutual consent of the
GEC and the Authority.
11. PLANNING AND PERFORMANCE REVIEWS; INSPECTIONS.
As may be directed by the Authority, key personnel shall meet with the Authority’s
Executive Director and/or his designee(s) periodically (a) to assess the GEC’s progress under
this Agreement and performance of the Services and (b) to plan staffing levels to be provided by
the GEC to the Authority for the upcoming period. The GEC shall permit inspections of its
Services by the Authority or others, when requested by the Authority. Nothing contained in this
Agreement shall prevent the Authority from scheduling such other planning and performance
reviews with the GEC or inspections as the Authority thinks necessary.
12. PERSONNEL AT AUTHORITY’S FACILITIES.
The Authority may at any time require one or more of the GEC’s managers and core staff
and/or sub consultants to office at the Authority’s administration building or other facility.
While working at any of the Authority’s facilities, the GEC’s personnel and sub consultants shall
comply with the Authority’s work place policies and abide by the Authority’s standards of
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employee conduct. The GEC shall take all steps required to maintain the proper coordination
and exchange of information among the locations at which the Services are performed. As
provided for in Section 4.a. above, the auditable overhead rate shall be adjusted downward by
agreement of the parties for personnel that office at the Authority’s facilities on a full-time basis.
13. OWNERSHIP OF PLANS.
a. GENERALLY. Notwithstanding any provision in this Agreement or in common
law or statute to the contrary, all of the plans, tracings, estimates, specifications,
computer records, discs, tapes, proposals, sketches, diagrams, charts, calculations,
correspondence, memoranda, survey notes, and other data and materials, and any part
thereof, created, compiled or to be compiled by or on behalf of the GEC, including all
information prepared for or posted on the Authority’s website and together with all
materials and data furnished to it by the Authority, shall at all times be and remain the
property of the Authority and shall not be subject to any restriction or limitation on their
further use by or on behalf of the Authority for the specific purpose intended under this
Agreement; and if at any time demand be made by the Authority for any of the above
materials, records, and documents, whether after termination of this Agreement or
otherwise, such shall be turned over to the Authority without delay. The Authority
hereby grants the GEC a revocable license to retain and utilize the foregoing materials,
said license to terminate and expire upon the earlier to occur of (a) the completion of
Services described in this Agreement or (b) the termination of this Agreement, at which
time the GEC shall deliver to the Authority all such materials and documents. If the GEC
or a sub consultant desires later to use any of the data generated or obtained by it in
connection with the Projects or any other portion of the work product resulting from the
Services, it shall secure the prior written approval of the Authority. Notwithstanding
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anything contained herein to the contrary, the GEC shall have the right to retain a copy of
the above materials, records and documents for its archives. The GEC shall retain its
copyright and ownership rights in its databases, computer software (object code and
source code), any tools, systems or information, know-how, methodologies, equipment or
processes, any derivatives thereto and the intellectual property inherent therein and
appurtenant thereto that was retained or owned by the GEC and existed prior to or at the
time the GEC began providing any relevant Services under this Agreement. Intellectual
property originally developed, utilized, or modified in the performance of Services for
which the GEC is compensated under the terms of this Agreement shall remain the
property of the Authority. The Authority retains an unrestricted license for software
packages originally developed with Authority funds. If the Authority makes any material
modification to the above described documents, materials and records for any reason
other than their intended use without the GEC’s concurrence with such modification, the
GEC shall be released from any liability to the Authority as a result of such action.
b. SEPARATE ASSIGNMENT. If for any reason the agreement of the Authority and
the GEC set forth in subsection 13.a. above regarding the ownership of work product and
other materials is determined to be unenforceable, either in whole or in part, the GEC
hereby assigns and agrees to assign to the Authority all right, title, and interest that GEC
may have or at any time acquire in said work product and other materials, without
royalty, fee or other consideration of any sort, and without regard to whether this
Agreement has terminated or remains in force. The Authority hereby acknowledges,
however, that all documents and other work product provided by the GEC to the
Authority and resulting from the Services performed under this Agreement are intended
by the GEC solely for the use for which they were originally prepared. Notwithstanding
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anything contained herein to the contrary, the GEC shall have no liability for the use by
the Authority of any work product generated by the GEC under this Agreement on any
project other than for the specific purpose and Project for which the work product was
prepared. Any other reuse of such work product without the prior written consent of the
GEC shall be at the sole risk of the Authority.
14. WORK AUTHORIZATIONS.
Work shall be in accordance with the scope, schedule, and budget set forth in each Work
Authorization. The standard form of Work Authorization is attached hereto as Appendix D and
made a part hereof, which standard form may be modified during the term of this Agreement
upon the reasonable request of the Authority. Upon oral directive from the Authority, the GEC
shall prepare the Work Authorization for the specific task, to be submitted for the Authority’s
approval. No work shall begin on the activity until the Work Authorization is approved and fully
executed. The basis for payment on each Work Authorization will be either (i) lump sum, (ii)
cost plus to a maximum, or (iii) billing rate, or some combination of these methods, as stipulated
in the Work Authorization. In no case will the maximum be exceeded without prior written
approval from the Authority. The maximum fee allowable for the performance of Services under
each Work Authorization shall be computed as described in Section 4. The costs associated with
work performed on any Work Authorization will be tracked and reported to the Authority
separately from other work performed by the GEC. The monthly invoice to the Authority will
include a progress summary of the Services performed the previous month on each ongoing
Work Authorization.
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15. SUBLETTING.
The GEC shall not sublet, assign, or transfer any part of the Services or obligations
included in this Agreement without the prior written approval of the Executive Director or his
designee. Responsibility for sublet, assigned or transferred Services shall remain with the GEC.
16. APPEARANCE AS WITNESS AND ATTENDANCE AT MEETINGS.
a. WITNESS. If requested by the Authority or on its behalf, the GEC shall prepare
such engineering or other exhibits and plats as may be requested for all hearings and
trials related to any of the Projects, the Services, or the Authority’s activities generally
and, further, it shall prepare for and appear at conferences at the offices of legal counsel
and shall furnish competent fact engineering witnesses to provide such oral testimony and
to introduce such demonstrative evidence as may be needed throughout all trials and
hearings with reference to any litigation relating to the Projects, the Services, or the
Authority’s activities. Compensation for such activities, if any, shall be as agreed upon,
in writing, by the Authority and the GEC.
b. MEETINGS. At the request of the Authority, the GEC shall provide appropriate
personnel for conferences at its offices, or attend meetings and conferences at (a) the
various offices of the Authority, (b) at the district headquarters or offices of TxDOT, (c)
the offices of the Authority’s legal counsel, (d) at the site of any Project, or (e) any
reasonably convenient location. Without limiting the foregoing, the GEC shall provide
personnel for periodic meetings with underwriters, rating agencies, and other parties
when requested by the Authority. Compensation for such activities, if any, shall be as
agreed upon, in writing, by the Authority and the GEC.
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17. COMPLIANCE WITH LAWS.
The GEC shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules, regulations, codes and with the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance under this Agreement,
including, without limitation, workers’ compensation laws, antidiscrimination laws,
environmental laws, minimum and maximum salary and wage statutes and regulations, health
and safety codes, licensing laws and regulations, the Authority’s enabling legislation (Chapter
370 of the Texas Transportation Code), and all amendments and modifications to any of the
foregoing, if any. When requested, the GEC shall furnish the Authority with satisfactory proof
of compliance with said laws, statutes, ordinances, rules, regulations, codes, orders, and decrees
above specified.
18. INSURANCE.
Prior to beginning the Services designated in this Agreement, the GEC shall obtain and
furnish certificates to the Authority for the following minimum amounts of insurance:
a. WORKERS’ COMPENSATION INSURANCE. In accordance with the laws of the
State of Texas and employer’s liability coverage with a limit of not less than $500,000.
b. COMMERCIAL GENERAL LIABILITY INSURANCE. With limits not less than
$1,000,000 for bodily injury, including those resulting in death, and $1,000,000 for
property damage on account of any one occurrence, with an aggregate limit of
$1,000,000.
c. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Applying to owned, non-owned,
and hired automobiles in an amount not less than $5,000,000 combined single limit for
bodily injury, including death, to any one person, and property damage on account of
each occurrence. The required coverage limit may be satisfied through use of an
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umbrella policy otherwise consistent with the terms hereof. This policy, or combination
of policies providing this coverage, shall not contain any limitation with respect to a
radius of operation for any vehicle covered and shall not exclude from the coverage of
the policy any vehicle to be used in connection with the performance of the GEC’s
obligations under this Agreement.
d. VALUABLE PAPERS INSURANCE. In an amount sufficient to assure the full
restoration of any plans, drawings, field notes, logs, test reports, diaries, or other similar
data or materials relating to the Services provided under this Agreement in the event of
their loss or destruction, until such time as the work has been delivered to the Authority.
e. ARCHITECTS AND/OR ENGINEERS PROFESSIONAL LIABILITY INSURANCE. In the
amounts normally carried for its own protection in the practice of providing general
consulting civil engineering services, but in no event less than $5,000,000 per claim and
aggregate. In addition to the coverage required during the Term of this Agreement, upon
termination the GEC shall provide evidence of coverage that extends for a minimum of
three (3) years beyond the GEC’s completion of its Services.
f. UMBRELLA LIABILITY INSURANCE. With a limit of not less than $5,000,000 per
occurrence, and applying in excess over the limits and coverages noted for General
Liability above.
g. GENERAL FOR ALL INSURANCE. The GEC shall promptly, upon execution of this
Agreement, furnish certificates of insurance to the Authority indicating compliance with
the above requirements. Certificates shall indicate the name of the insured, the name of
the insurance company, the name of the agency/agent, the policy number, the term of
coverage, and the limits of coverage as required herein.
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All policies are to be written through companies (a) authorized to transact that
class of insurance in the State of Texas; (b) rated (i), with respect to the companies
providing the insurance under subsections 18.a. through d., above, by A. M. Best
Company as “A-X” or better (or the equivalent rating by another nationally recognized
rating service) and (ii) with respect to the company providing the insurance under
subsection 18.e., a rating by A. M. Best Company or similar rating service satisfactory to
the Authority and/or its insurance consultant; and (c) otherwise acceptable to the
Authority.
All policies are to be written through companies authorized to transact that class
of insurance in the State of Texas.
Such insurance shall be maintained in full force and effect during the life of this
Agreement or for a longer term as may be otherwise provided for hereunder. Insurance
furnished under subsections 18.b., and c., above, shall name the Authority as additional
insured and shall protect the Authority, its officers, employees, directors, agents, and
representatives from claims for damages for bodily injury and death and for damages to
property. Insurance furnished under this subsection 18.e. shall include coverage for
claims to the extent arising from the negligent or willful acts, or failures to act, by the
GEC, its officers, employees, directors, agents, and representatives in the performance of
the Services rendered under this Agreement. Certificates shall also indicate that the
contractual liability assumed in Section 20, below, is included subject to the terms and
conditions of the policies.
The insurance carrier shall include in each of the insurance policies required
under subsections 18.a., b., c., d., and e., the following statement: “This policy will not
be canceled or materially changed during the period of coverage without at least thirty
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(30) days prior written notice addressed to the Alamo Regional Mobility Authority, 233
N. Pecos, Suite 420, San Antonio, Texas 78207, Attn: Executive Director.”
19. RELATIONSHIP BETWEEN THE PARTIES.
Notwithstanding the Authority’s sharing of space with the GEC, the anticipated
collaboration between the personnel of those organizations, or any other circumstances, the
relationship between the Authority and the GEC shall be one of an independent contractor. The
GEC acknowledges and agrees that neither it nor any of its employees, sub consultants, or
subcontractors shall be considered an employee of the Authority for any purpose. The GEC shall
have no authority to enter into any contract binding upon the Authority, or to create any
obligation on behalf of the Authority, without express written authorization from the Chairman
of the Board of Directors of the Authority and only as to such matters which do not require
approval of the Board of Directors. As an independent contractor, neither the GEC nor its
employees shall be entitled to any insurance, pension, or other benefits customarily afforded to
employees of the Authority. Under no circumstances shall the GEC, or its employees, sub
consultants, or subcontractors, represent to suppliers, contractors or any other parties that it is
employed by the Authority or serves the Authority in any capacity other than as an independent
contractor. The GEC shall clearly inform all suppliers, contractors and others that it has no
authority to bind the Authority. Nothing contained in this Agreement shall be deemed or
construed to create a partnership or joint venture, to create the relationship of employee-
employer or principal-agent, or to otherwise create any liability for the Authority whatsoever
with respect to the liabilities, obligations or acts of the GEC, its employees, sub consultants, or
subcontractors, or any other person.
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20. AUTHORITY INDEMNIFIED.
THE GEC SHALL INDEMNIFY AND HOLD HARMLESS THE AUTHORITY
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS
(WHICH, FOR THE PURPOSES OF THIS AGREEMENT, SHALL INCLUDE THE
AUTHORITY’S GENERAL COUNSEL, BOND COUNSEL, FINANCIAL ADVISORS,
TRAFFIC AND REVENUE ENGINEERING CONSULTANTS, TOLL
OPERATIONS/COLLECTIONS FIRMS, AND UNDERWRITERS) FROM ANY
CLAIMS, COSTS, OR LIABILITIES OF ANY TYPE OR NATURE AND BY OR TO
ANY PERSONS WHOMSOEVER, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS, ERRORS, OR OMISSIONS OF THE GEC OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS WITH RESPECT TO THE GEC’S PERFORMANCE OF
THE WORK TO BE ACCOMPLISHED UNDER THIS AGREEMENT. IN SUCH
EVENT, THE GEC SHALL ALSO INDEMNIFY AND HOLD HARMLESS THE
AUTHORITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND
AGENTS (AS DEFINED ABOVE) FROM ANY AND ALL REASONABLE AND
NECESSARY EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES,
INCURRED BY THE AUTHORITY IN LITIGATING OR OTHERWISE RESISTING
SAID CLAIMS, COSTS OR LIABILITIES. IN THE EVENT THE AUTHORITY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS (AS
DEFINED ABOVE), IS/ARE FOUND TO BE PARTIALLY AT FAULT, THE GEC
SHALL, NEVERTHELESS, INDEMNIFY THE AUTHORITY FROM AND AGAINST
THE PERCENTAGE OF FAULT ATTRIBUTABLE TO THE GEC OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS OR TO THEIR CONDUCT.
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Notwithstanding the foregoing, the GEC shall not be responsible for (a) construction
means, methods, techniques, sequences, procedures, or safety precautions and programs in
connection with the Project unless development or oversight of such matters is specifically
assigned to the GEC in a Work Authorization executed by both parties; (b) the failure of any
contractor, subcontractor, vendor, or other Project participant, not under contract to the GEC, to
fulfill contractual responsibilities to the Authority or to comply with federal, state or local laws,
regulations and codes; or (c) procuring permits, certificates and licenses required for any
construction unless such procurement responsibilities are specifically assigned to the GEC in
accordance with this Agreement.
21. DELIVERY OF NOTICES, ETC.
a. NOTICES TO THE AUTHORITY. All written notices, demands, and other papers or
documents to be delivered to the Authority under this Agreement shall be delivered to the
Alamo Regional Mobility Authority, 233 N. Pecos, Suite 420, San Antonio, Texas
78207, Attn: Executive Director, or at such other place or places as it may from time to
time designate by written notice delivered to the GEC.
b. NOTICES TO THE GEC. All written notices, demands, and other papers or
documents to be delivered to the GEC under this Agreement shall be delivered to to
PAPE DAWSON MUNOZ, LLC, 2000 NW Loop 410, San Antonio, Texas 78213 until
a project office is established or at such other place or places as the GEC may designate
by written notice delivered to the Authority.
c. DATE OF DELIVERY. All written notices, demands, and other papers or
documents served upon the Authority or the GEC in the aforesaid manner shall be
deemed served or delivered for all purposes hereunder either (a) three (3) days after the
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U.S. Postal Service’s postmarked date if mailed or (b) immediately upon actual delivery
or refusal of delivery if transmitted by courier or overnight delivery service.
22. REPORTS OF ACCIDENTS, ETC.
Within twenty-four (24) hours after occurrence of any accident or other event which results in, or
might result in, injury to the person or property of any third person (including an employee or
sub consultant or employee of a sub consultant of the GEC) which results from or involves any
action or failure to act of the GEC or any employee, sub consultant, employee of a sub
consultant, or agent of the GEC or which arises in any manner from the performance of this
Agreement, the GEC shall send a written report of such accident or other event to the Authority,
setting forth a full and concise statement of the facts pertaining thereto. The GEC also shall
immediately send the Authority a copy of any summons, subpoena, notice, or other documents
served upon the GEC, its agents, employees, sub consultants, or representatives, or received by it
or them, in connection with any matter before any court arising in any manner from the GEC’s
performance of the Services under this Agreement.
23. AUTHORITY’S ACTS.
Anything to be done under this Agreement by the Authority may be done by such
persons, corporations, firms, or other entities as the Authority may designate.
24. LIMITATIONS.
Notwithstanding anything herein to the contrary, all covenants and obligations of the
Authority under this Agreement shall be deemed to be valid covenants and obligations only to
the extent authorized by Chapter 370 of the Texas Transportation Code and permitted by the
laws and the Constitution of the State of Texas, and no officer, director, or employee of the
Authority shall have any personal obligations or liability thereunder.
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25. CAPTIONS NOT A PART HEREOF.
The captions or subtitles of the several sections, subsections, and divisions of this
Agreement are inserted only as a matter of convenience and for reference, and in no way define,
limit or describe the scope of this Agreement or the scope or content of any of its sections,
subsections, divisions, or other provisions.
26. CONTROLLING LAW, VENUE.
This Agreement shall be governed and construed in accordance with the laws of the State
of Texas. The parties hereto acknowledge that venue is proper in Bexar County, Texas, for all
disputes.
27. TIME OF ESSENCE.
As set forth in Section 6, with respect to any specific delivery or performance date or
other deadline provided hereunder, time is of the essence in the performance of the provisions of
this Agreement and the GEC shall perform the Services with due diligence and as expeditiously
as is consistent with professional skill and care. The GEC acknowledges the importance to the
Authority of the project schedule and will perform its obligations under this Agreement with all
due and reasonable care and in compliance with that schedule. It is understood , however, that
the GEC shall be provided sufficient time to employ sound professional practices, and shall not
be held responsible for delays in performance occasioned by factors beyond the GEC’s
reasonable control and which could not have been foreseen with the exercise of reasonable care.
28. SEVERABILITY.
If any provision of this Agreement, or the application thereof to any person or
circumstance, is rendered or declared illegal for any reason and shall be invalid or unenforceable,
the remainder of this Agreement and the application of such provision to other persons or
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circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted
by applicable law.
29. SUCCESSORS.
This Agreement shall be binding upon and inure to the benefit of the Authority, the GEC,
and their respective heirs, executors, administrators, successors, and permitted assigns.
30. AUTHORIZATION.
Each party to this Agreement represents to the other that it is fully authorized to enter into
this Agreement and to perform its obligations hereunder, and that no waiver, consent, approval,
or authorization from any third party is required to be obtained or made in connection with the
execution, delivery, or performance of this Agreement.
31. INTERPRETATION.
No provision of this Agreement shall be construed against or interpreted to the
disadvantage of any party by any court, other governmental or judicial authority, or arbiter by
reason of such party having or being deemed to have drafted, prepared, structured, or dictated
such provision.
32. CONFLICTS OF INTEREST.
The GEC represents and warrants to the Authority, as of the effective date of this Agreement and
throughout the term hereof, that it, its employees and sub consultants (a) have no financial or
other beneficial interest in any contractor, engineer, product or service evaluated or
recommended by the GEC, except as expressly disclosed in writing to the Authority, (b) shall
discharge their consulting engineering responsibilities under this Agreement professionally,
impartially and independently, and after considering all relevant information related thereto, and
(c) are under no contractual or other restriction or obligation, the compliance with which is
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inconsistent with the execution of this Agreement or the performance of their respective
obligations hereunder.
33. THE COMPLETE AGREEMENT.
This Agreement sets forth the complete agreement between the parties with respect to the
Services and expressly supersedes all other agreements (oral or written) with respect thereto.
IN WITNESS WHEREOF, the parties hereto have signed or have caused their
respective names to be signed to multiple counterparts hereof as of the effective date first above
written.
Authority: GEC:
ALAMO REGIONAL MOBILITY AUTHORITY
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
PAPE DAWSON MUNOZ, LLC
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
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APPENDIX A
SCOPE OF SERVICES
The Scope of Services will be as defined and agreed to by the Authority and GEC in individual Work Authorizations
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.Principal-in-Charge $51.50 $129.78Senior Project Manager $44.29 $76.94Deputy Project Manager $44.29 $61.80Tolling ExpertPS&E Manager $46.69 $49.02Environmental Manager $45.67 $47.95Construction Manager $32.96 $45.32Right-of-Way ManagerUtilities ManagerTraffic Operations Manager $43.08 $45.23Maintenance ManagerPublic Involvement ManagerScheduler $44.29 $61.80Senior Engineer $36.40 $47.25Project Engineer $31.69 $34.13Senior Engineering Technician $21.00 $22.00Design Engineer $31.25 $33.57EIT $26.92 $30.26Senior Engineering Technician $30.42 $39.22Engineering Technician $22.52 $24.21PlannerQA/QC Manager $44.29 $61.80Financial AdvisorProject Controls Manager $27.81 $61.80Contract Manager $44.29 $61.80Procurement Manager $44.29 $61.80Construction Engineering and Inspection ManagerConstruction InspectorsSafety ManagerSurvey Manager $64.38 $67.60Project Surveyor $30.16 $47.44Survey Crew (2- to 4-person) $39.18 $63.00Clerical/Administrative $16.48 $25.22Sr Environmental Scientist $24.00 $41.31Environmental Scientist I $19.23 $22.71Archeologist, Principal Investigator $25.00 $44.43Sr Geotechnical Engineer, PE
APPENDIX BPape Dawson Munoz LLC
PROPOSED RATE SCHEDULE: 2015
2015 Hourly Salary Range
ARMA2015RatesGECProposal_PDM 11/17/2014
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Employee Position or Job Title Min MaxPrincipal-in-Charge 147.16 152.18Public Involvement Manager 50.44 56.99Graphic Designer 27.82 31.44Project Assistant 27.82 31.44Event Planner 27.82 31.44Social Media Strategist 27.82 31.44Project Controls 29.33 33.15Clerical/Administrative 21.47 24.26
APPENDIX BSubconsultant_Adisa Communications
PROPOSED RATE SCHEDULE: 2015
2015 Hourly Salary Range
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.
Principal-in-Charge 60.00$ 116.00$
Senior Project Manager 41.00$ 73.00$
Deputy Project Manager 55.00$ 85.00$
Tolling Expert 82.00$ 130.00$
PS&E Manager 41.00$ 73.00$
Environmental Manager 45.00$ 85.00$
Construction Manager 41.00$ 85.00$
Right-of-Way ManagerUtilities Manager 34.00$ 61.00$
Traffic Operations Manager 40.00$ 73.00$
Maintenance Manager 41.00$ 85.00$
Public Involvement ManagerScheduler 50.00$ 87.00$
Senior Engineer 40.00$ 73.00$
Project Engineer 35.00$ 60.00$
Senior Engineering Technician 26.00$ 46.00$
Engineering Technician 22.00$ 36.00$
Planner 30.00$ 60.00$
QA/QC Manager 40.00$ 73.00$
Financial Advisor 62.00$ 116.00$
Project Controls Manager 50.00$ 88.00$
Contract Manager 35.00$ 61.00$
Procurement Manager 50.00$ 88.00$
Construction Engineering and Inspection Manager 50.00$ 88.00$
Construction Inspectors 30.00$ 53.00$
Safety Manager 34.00$ 61.00$
Project SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative 21.00$ 35.00$
APPENDIX BSubconsultant AECOM
PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGECProposal_AECOM 11/17/2014
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.Principal-in-ChargeSenior Project ManagerDeputy Project ManagerTolling ExpertPS&E ManagerEnvironmental ManagerConstruction ManagerRight-of-Way Manager $55.00 $62.50Utilities ManagerTraffic Operations ManagerMaintenance ManagerPublic Involvement ManagerSchedulerSenior EngineerProject EngineerSenior Engineering TechnicianEngineering TechnicianPlannerQA/QC ManagerFinancial AdvisorProject Controls ManagerContract ManagerProcurement ManagerConstruction Engineering and Inspection ManagerConstruction InspectorsSafety ManagerProject SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative $35.00 $42.50
APPENDIX BSubconsultant: ARDAGA
PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGECProposal_ARDAGA 11/17/2014
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.Principal-in-ChargeSenior Project ManagerDeputy Project ManagerTolling ExpertPS&E ManagerEnvironmental ManagerConstruction Manager 55.29$ 62.50$ Right-of-Way ManagerUtilities ManagerTraffic Operations ManagerMaintenance ManagerPublic Involvement ManagerSchedulerSenior EngineerProject EngineerSenior Engineering TechnicianEngineering TechnicianPlannerQA/QC Manager 48.08$ 55.29$ Financial AdvisorProject Controls ManagerContract ManagerProcurement ManagerConstruction Engineering and Inspection Manager 48.00$ 55.00$ Construction Inspectors 36.06$ 44.87$ Safety Manager 52.88$ 70.00$ Project SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative 22.50$ 30.00$
APPENDIX BSubconsultant:_Foster CM Group
PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGEC.PD.Proposal_FosterCM 11/17/2014
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.
Principal-in-ChargeSenior Project ManagerDeputy Project ManagerTolling ExpertPS&E Manager $48.50 $52.50Environmental ManagerConstruction Manager $34.00 $36.00Right-of-Way ManagerUtilities Manager $35.00 $38.00Traffic Operations ManagerMaintenance ManagerPublic Involvement ManagerSchedulerSenior Engineer $44.50 $45.50Project Engineer $38.50 $40.50Senior Engineering Technician $18.00 $20.00Engineering TechnicianPlannerQA/QC ManagerFinancial AdvisorProject Controls ManagerContract ManagerProcurement ManagerConstruction Engineering and Inspection Manager $28.00 $32.00Construction Inspectors $22.00 $26.00Safety ManagerProject SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative
APPENDIX B
Subconsultant: GGC Engineers, Inc.
PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGECProposal_subs.xls Page 1 of 1December 2007
Revised: February 2008
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.Principal-in-Charge $78.75Senior Project Manager $72.45Deputy Project Manager $65.10Tolling ExpertPS&E Manager $65.10Environmental ManagerConstruction ManagerRight-of-Way ManagerUtilities Manager $72.45Traffic Operations ManagerMaintenance ManagerPublic Involvement ManagerSchedulerSenior Engineer $56.70Project Engineer $45.15Design Engineer $38.85EIT $36.75Senior Engineering Technician $37.80Engineering Technician $29.40PlannerQA/QC Manager 72.45Financial AdvisorProject Controls ManagerContract ManagerProcurement ManagerConstruction Engineering and Inspection ManagerConstruction InspectorsSafety ManagerProject SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative $17.85
APPENDIX BSubconsultant__OMEGA Engineers, Inc.
PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGECProposal_OMEGA 11/17/2014
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.
Principal-in-Charge $50.80 $54.08
Project Manager $50.80 $54.08
Professional Engineer $44.45 $54.08
CADD Technician $25.00 $41.58
Field Manager $32.80 $40.83
Field Supervisor $24.44 $35.44
Field Technician $14.00 $27.30
Flagperson $12.00 $15.75
Records Research $18.15 $34.01
Clerical/Administrative $18.15 $32.76
Note: Rates submitted to Pape-Dawson Engineers, Inc. for Alamo RMA CEC Contract
APPENDIX BSubconsultant___SO-DEEP, INC.__PROPOSED RATE SCHEDULE: 2015
Actual hourly salary rates for employees in the positions/classes shown on the Appendix B are calculated by the individual employee’s annual salary divided 2,080 hours. The 2,080 hours figure arrives from a standard 40 hour work-week times 52 weeks per calendar year.
2015 Hourly Salary Range
ARMA2015RatesGECProposal_SoDeep.xls 11/17/2014
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AlamoRMA General Engineering Consultant
Employee Position or Job Title Min. Max.Principal-in-Charge $68.65 $72.15Senior Project ManagerDeputy Project ManagerTolling ExpertPS&E ManagerEnvironmental Manager $48.60 $57.45Construction ManagerRight-of-Way ManagerUtilities ManagerTraffic Operations ManagerMaintenance ManagerPublic Involvement ManagerSchedulerSenior EngineerProject EngineerSenior Engineering Technician $21.00 $22.00Engineering Technician $16.25 $19.95PlannerQA/QC ManagerFinancial AdvisorProject Controls ManagerContract ManagerProcurement ManagerConstruction Engineering and Inspection ManagerConstruction InspectorsSafety ManagerProject SurveyorSurvey Crew (2- to 4-person)Clerical/Administrative $16.80 $17.85Environmental Scientist I $23.89 $27.05Archeologist, Principal Investigator $30.25 $34.50Sr Geotechnical Engineer, PE $59.13 $62.70
APPENDIX BSubconsultant:_TERRACON
PROPOSED RATE SCHEDULE: 2015
2015 Hourly Salary Range
ARMA2015RatesGECProposal_Terracon 11/17/2014
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APPENDIX C
KEY PERSONNEL
Title GEC Employee
Senior Project Manager
Principal-in-Charge
Deputy Project Manager
Tolling Expert
PS&E Manager
James A. Lutz, P.E., Pape Dawson Munoz
K. Stephen Bonnette, P.E., Pape Dawson Munoz
Anna C. Salvagin, AECOM
James J. Eden, AECOM
Daniel Thoma, P.E., LEED AP, Pape Dawson Munoz
Environmental Manager
Construction Manager
ROW Manager
Utilities Manager
Traffic Operations
Maintenance Manager
Valerie Collins, Pape Dawson Munoz
Robert Brent Patterson, P.E., AECOM
Arthur D. Galvan, Ardaga
Justin M. Cain, P.E., Omega
Markus J. Hillje, P.E., Pape Dawson Munoz
Jose Ramirez, P.E., AECOM
Public Involvement Manager Shuronda Robinson, Adisa
Scheduler Frank Perricelli, P.E., AECOM
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APPENDIX D
WORK AUTHORIZATION
WORK AUTHORIZATION NO. ____
This Work Authorization is made as of this _____ day of __________, _______, under the terms and conditions established in the AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES, dated as of __________, 2014 (the “Agreement”), between the ALAMO REGIONAL MOBILITY AUTHORITY (“Authority”) and PAPE DAWSON MUNOZ, LLC (“GEC”). This Work Authorization is made for the following purpose, consistent with the services defined in the Agreement:
[Brief description of the Project elements to which this Work Authorization applies]
Section A. - Scope of Services A.1. GEC shall perform the following Services:
[Enter description of the Scope of Services here for which this Work Authorization applies, or make reference to an attached Appendix]
A.2. The following Services are not included in this Work Authorization, but shall be provided as Additional Services if authorized or confirmed in writing by the Authority.
A.3. In conjunction with the performance of the foregoing Services, GEC shall provide the following submittals/deliverables (Documents) to the Authority:
Section B. - Schedule GEC shall perform the Services and deliver the related Documents (if any) according to the following schedule:
Section C. - Compensation C.1. In return for the performance of the foregoing obligations, the Authority shall pay to the GEC the amount not to exceed $ _____________, based on the attached fee estimate. Compensation shall be in accordance with the Agreement.
C.2. Compensation for Additional Services (if any) shall be paid by the Authority to the GEC according to the terms of a future Work Authorization.
Section D. - Authority’s Responsibilities The Authority shall perform and/or provide the following in a timely manner so as not to delay the Services of the GEC. Unless otherwise provided in this Work Authorization, the Authority shall bear all costs incident to compliance with the following:
Section E. - Other Provisions The parties agree to the following provisions with respect to this specific Work Authorization:
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Except to the extent expressly modified herein, all terms and conditions of the Agreement shall continue in full force and effect.
Authority: GEC:
ALAMO REGIONAL MOBILITY AUTHORITY
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
PAPE DAWSON MUNOZ, LLC
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014 Agenda Item 7: Discussion and appropriate action regarding approval of the Underwriter Request for Qualifications. Approval of this item allows the Alamo RMA to solicit proposals from qualified firms to provide financial underwriting services. Through the Request for Qualifications (RFQ) process, it is the intent of the Alamo RMA to select a pre-qualified pool of firms. The purpose of the financial underwriting pool is to allow the Alamo RMA Board to more quickly respond to changing market conditions by selecting an underwriter(s) without the three to four week delay that is often needed to qualify and select underwriters. It should be noted that inclusion of any firm in the pre-qualified pool does not guarantee that any particular firm will be used as a financial underwriter for Alamo RMA debt issuances. Under the current draft of the RFQ, proposals are due December 5th, 2014, and oral presentations and/or discussions regarding the firms will be held on the December 18th Board meeting.
BOARD OF DIRECTORS JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER
TOMMY CALVERT, JR. RAMIRO CAVAZOS
JOHN MONTFORD DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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Request For Qualifications To Provide Investment Banking Underwriting
Services To The Alamo Regional Mobility Authority
DRAFT
November 20, 2014
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ALAMO REGIONAL MOBILITY AUTHORITY
REQUEST FOR QUALIFICATIONS ("RFQ") FOR INVESTMENT BANKING SERVICES
GENERAL The Alamo Regional Mobility Authority (the “Alamo RMA”), a regional mobility authority and political subdivision of the State of Texas governed by the provisions of Texas Transportation Code, Chapter 370, is releasing this Request for Qualifications ("RFQ") to solicit proposals from qualified firms to provide financial underwriting and investment banking services ("FUIBS") to the Alamo RMA. FUIBS means those services required to be performed by a financial institution that will successfully result in a total project financing. This includes the underwriting, sale and delivery of investment grade, non-investment grade bonds, and/or unrated tax-exempt and taxable bonds, placement of bonds with lending institutions, negotiating the placement, price, terms and conditions of loans with lending institutions and other investors, assisting the Alamo RMA and Financial Advisor, providing expertise, guidance, quantitative analysis and solutions to realize a successful structured financing, and providing expertise and guidance on the use of various financing tools, i.e., current interest bonds, capital appreciation bonds ("CABS"), convertible CABS, put bonds, forward delivery bonds, variable rate debt, derivative products and other products that may be used in a structured financing. The firm or firms selected to provide these services will be part of the Alamo RMA’s finance team (generally comprised of Alamo RMA staff, financial advisor, bond counsel, general counsel, traffic and revenue engineers, and general engineering consultant). This team will be responsible for developing, designing, structuring and negotiating an initial financing package to fund the construction of highway capital improvements for projects being considered by the Alamo RMA. Other services will include, but are not limited to, debt and equity financial design, structure and analyses required to finance roads, evaluation and presentation of financing options, provision of credit market information, preparation of offering documents, and advice and assistance with the structuring, marketing, issuance, sale, and delivery of debt and equity instruments. For a more complete description of the services please refer to the section of this RFQ entitled "SCOPE OF SERVICES" herein. Through the RFQ process, it is the intent of the Alamo RMA to select a pre-qualified pool of firms to serve in the capacity of senior, co-senior and co-managing underwriters. The pre-qualified pool of underwriting firms will be in effect for five years from the date of Alamo RMA Board approval on December 18, 2014, with two (2) one-year options to extend the composition of the pool. At the discretion of the Alamo RMA, the composition and role of underwriters for subsequent financings during the five year term may be changed by reappointment of senior, co-senior and co-managing underwriters from the pre-qualified pool of underwriting firms. SCOPE OF SERVICES: Services for Project Financing The scope of services will apply to total project finance and should not be thought of as strictly a bond financing. Services will include, but are not limited to: (1) traditional municipal/governmental tax-exempt and taxable debt issuances; (2) presentations to credit rating agencies; (3) presentations to credit enhancement entities; (4) financial analysis, cash flow modeling, and debt modeling; (5) coordination with other consultants, entities and finance team members; (6) representing the Alamo RMA and making presentations to the Texas Department of Transportation (TxDOT), Federal Highway Administration, (FHWA), and other entities; (7) attending and participating in various meetings; (8) non-traditional services to sell and/or place tax-exempt and taxable debt instruments; (9) non-traditional
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services pertaining to loan agreements entered into with lending institutions; (10) long-term financial modeling; (11) assistance in the preparation of offering documents; (12) providing the criteria and means by which offering documents are distributed and made available to the public by electronic means; (13) coordinating with and incorporating results produced by other finance team members into the plan of finance; (14) providing updates and recommendations on financial market conditions; (15) assisting with the preparation of final documents; (16) assisting with finance closings; and (17) providing other services that may be needed.
Credit and Financial Risk Analysis The Alamo RMA is interested in building projects that support and add value to an overall system. In order to develop this system it is important to consider various risks that might be encountered. When considering Credit Risk it is interested in obtaining input from firms in order to best develop an overall plan of finance that will best enable not only each project, but also the system as a whole. Part of this process will consider various lien levels and credit support mechanisms that could further leverage the overall system. Additionally, the Alamo RMA will need to perform the necessary financial analysis to understand the level of risk associated with any contemplated financing along with credit impact.
The selection of the pre-qualified underwriter pool will require firms to demonstrate their: (1) capability to underwrite investment grade, non-investment grade, and non-rated tax-exempt and taxable bonds; (2) experience in the placement of debt with lenders and/or investors; (3) experience and working relationships with lending institutions; (4) negotiating experience with lending institutions and/or investors; and (5) experience and quantitative capability to develop and design a structured project financing. RESPONSES TO THE RFQ SHALL INCLUDE THE FOLLOWING INFORMATION:
PROPOSAL CONTENT The Review and Evaluation Committee will utilize the information provided in response to the questions listed below to evaluate proposals. Responses to questions should be specifically addressed. Utilization of existing brochures, pamphlets and information items is not an acceptable form of response. Failure to respond to a question may result in a proposal being deemed nonresponsive and therefore not considered in the selection process.
1. Name and address of the Respondent, as well as a brief description of the firm and its history.
2. A description of the firm's qualifications with emphasis on toll road financing. Include in the response the firm's and the assigned individual's years of experience and qualifications.
3. Provide a list of your firm's toll road financing transactions in which your firm has served as the senior, co-senior, or co- managing underwriter since January 2009.
4. Provide the firm’s senior managed surface transportation rankings nationally and in Texas from 2004-2014.
5. Provide the firm’s Senior managed toll, turnpike, toll bridge, and tunnel financing, rankings and dollar amount and number, nationally and in Texas from 2004-2014.
6. Describe the firm’s experience with TIFIA. Include the number of projects, the number and amount of the TIFIA loans and other debt as follows:
a. From 2008 to current for the TIFIA program b. From October 2012 to current (when the amendments on MAP-21 took effect) c. The number of TIFIA BAN Financings as senior manager completed since 2008, include
the amount.
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7. Indicate the number of toll projects the firm has senior managed.
8. Indicate the number of Pass-Through Toll Financing Agreements with TxDOT the firm has
worked on.
9. Firms with limited toll road experience may list other transportation revenue financings, "BBB" credit revenue bonds, below investment grade revenue bonds, unrated revenue bonds, and Vehicle Registration Fee (“VRF”) bonds. Explain how your experience can assist the Alamo RMA's financing effort.
10. Describe the firm’s quantitative capabilities and the quantitative professionals that will be assigned to the Alamo RMA and their location.
11. Provide a summary of the scope of the firm’s overall marketing and distribution capabilities. Include specifically the number of individuals involved in the pricing and sales and the location of these individuals and the pricing desk. Also, include a description of the firm’s secondary market trading desk and its location.
12. Describe how the firm markets bonds, including pre-sale activities and inclusion of co-managers.
13. Describe the firm’s marketing strengths in terms of retail and/or institutional investors. Provide a list of all institutional and retail sales offices and their locations.
14. Indicate whether the firm is a disadvantaged business enterprise "DBE" or “MWBE” Minority/Woman Owned Business Enterprise if applicable. If so, provide supporting documentation including evidence of certification.
15. Provide a brief description of the firm's capital structure to include total capital, equity, net capital and excess capital.
16. Explain changes that have occurred within the firm over the last six months regarding staffing, capital, organizational structure, as well as future changes you expect may occur.
17. Provide a copy of the firm’s most recent audited financial statements.
18. Disclose any litigation (including any formal administrative proceedings) in which the firm is currently involved or has been involved in since 2008. Indicate the current status or disposition of such litigation or proceedings.
19. Has your firm or any person in your firm to be assigned to work with the Alamo RMA been: (i) indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years; (ii) terminated (for cause or otherwise) from any work being performed for the Alamo RMA or any other Federal, State or Local Government, or private entity; (iii) involved in any claim or litigation with the County or any other Federal, State or Local Government, or private entity during the last ten (10) years? If you answered "yes" to any of the questions in this item, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the indictment, conviction, termination, claim or litigation, as applicable.
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20. Provide any other information that your team may deem applicable to the Alamo RMA but has not been directly requested in this RFQ.
21. Discuss any suggestions regarding new or innovative financing techniques, which should be considered by the Alamo RMA. Your response should demonstrate your familiarity with the Alamo RMA and its potential future financings.
22. Discuss your knowledge of and recommendations for future recommendations for future bond issuances utilizing such revenue streams as vehicle registration fees, Transportation Reinvestment Zones, and other possible financing idea the proposer has developed and would like to submit for consideration.
EVALUATION CRITERIA AND SCORING The Review and Evaluation Committee will evaluate proposals according to the aforementioned criteria which is summarized in the table below. A total of 100 points will be scored.
Criteria Points Qualifications and Experience 45 Quantitative and Distribution Capabilities 30 Disadvantaged Business Enterprise 10 Firm's Capital 15 Total 100
TIMELINE Below are the approximate dates that the Alamo RMA expects to follow for key events.
RFQ Release Date November 21, 2014
Proposal Due Date December 5, 2014
Oral Presentations / Final Evaluation December 18, 2014 Alamo RMA Board Approval January 15, 2015 PROPOSAL FORMAT: Respondents must provide a complete answer to all questions set forth in this RFQ and provide all exhibits and required attachments. Utilization of existing brochures, pamphlets and information items is an acceptable form of response to a question only if such material specifically addresses the questions and does not require interpretation or evaluation to form a conclusion. Failure to respond to any question or complete and return the attached forms as requested in this RFQ may result in a proposal being deemed nonresponsive and therefore not considered in the selection process. Required Attachments: (1) a copy of Respondent's most recent audited financial statements; (2) all Conflicts of Interest Forms; and (3) completed Exhibit I. SELECTION PROCESS: The Alamo RMA reserves the right to interview s o m e o r a l l o f t h e respondents or may select directly from the qualified respondents that submit proposals. Scoring of the proposals will be based on the criteria above. Final scoring will occur following interviews (if any interviews are conducted). The Board of Directors is anticipated to make the final selection of respondents at its regularly scheduled meeting on January 15, 2015 at 3:00 p.m., however the board is not required to do so at that time. Selection only pertains to inclusion on an
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underwriting pool available for use by Alamo RMA on specific transaction. The role (if any) that a firm might play in those transactions (i.e., senior manager, co-manager, etc.) will be determined in connection with a specific transaction. Inclusion in the pool does not guarantee a selected firm of the right to participate in an Alamo RMA transaction. LICENSING, CERTIFICATION AND TRAINING: Respondent, by submitting a proposal, warrants that he, she or its entity has the requisite licenses, certifications and training to perform the services listed herein. COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS: Selected Respondent agrees that while in the performance of duties, obligations and covenants under contract, it shall comply with all applicable federal, state and local laws, rules and regulations.
CONFLICTS OF INTEREST: Respondents must disclose conflicts of interest by identifying each and every matter in which the respondent has, within the past three calendar years, represented any entity or individual with an interest adverse to the Alamo RMA, FHWA, or the Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, elected or appointed officials, or Bexar County. Pursuant to Chapter 176 of the Texas Local Government Code, Disclosure of Certain Relationships with Local Government Officers, the Texas Ethics Commission has created a draft disclosure questionnaire to be completed by vendors. The disclosure requirement a p p l i e s to a person who contracts or seeks to contract for the sale or purchase of property, goods or services with a local governmental entity. The CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) which is available at http://www.ethics.state.tx.us/forms/CIQ.pdf An updated CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) shall be submitted as part of the Proposal. CERTIFICATION REGARDING DEBARMENT: The Proposal shall include Exhibit I, regarding debarment, suspension, ineligibility and voluntary exclusion, for the Respondent. LITIGATION AND REGULATORY COMPLIANCE
Over the past five (5) years, please indicate whether the responder, any of its affiliates or its parent, or any officer or principal has been involved in any material litigation, administrative proceedings, violation of or investigation for failing to conform with any regulatory agency's (including, without limitation, SEC, MSRB, NASD, NYSE, or Texas Bond Review Board ) rules, regulations, and/or applicable law. If so, list all such proceedings, provide an explanation, and indicate the current status of each. Summarize negotiated or judicial resolutions to each, if any. If selected to be included in the Alamo RMA’s underwriting pool, firms shall disclose such investigations to the Alamo RMA within 30 days after a notice of such action or investigation has been issued by any such regulatory body and/or court. Failure to do so shall be sufficient grounds for the Alamo RMA to sever its relationship with the firm and to bar the firm from being considered for future engagements by the Alamo RMA. Information provided in response to this Section may be included in an appendix and will not be included in the page count limitation.
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COST OF RESPONSES All costs directly or indirectly related to preparation of a response to this RFQ, and any later oral interviews and presentations required to supplement and/or clarify the RFQ response, in negotiating a letter of engagement, or in submitting a price proposal which may be requested by the Alamo RMA shall be the sole responsibility of and shall be borne by responders.
RESPONDERS ACKNOWLEDGEMENT All written, printed, and electronic correspondence related to this RFQ and all printed materials, exhibits, brochures, appendices, photographs, graphs, charts, and reports submitted as a part of the response to this RFQ are, upon receipt by the Alamo RMA, the property of the Alamo RMA and may not be returned to the responders. By submitting a response to this RFQ, each responder unequivocally acknowledges that the responder has read and fully understands this RFQ, and that the responder has asked questions and received satisfactory answers from the Alamo RMA regarding any provision of this RFQ with regard to which the responder desired clarification. RIGHTS RESERVED BY THE ALAMO RMA EXERCISABLE IN ITS SOLE JUDGMENT AND DISCRETION The Alamo RMA reserves the rights with respect to this RFQ to:
1. Cancel this RFQ in whole or in part at any time without incurring any cost obligations. 2. Reject any and all responses received at any time. 3. Modify all dates set or projected. 4. Terminate evaluation of responses to this RFQ. 5. Issue addenda, supplements, modifications, and clarifications. 6. Seek or obtain data and advice from any source that has the potential to enhance the Alamo
RMA's comprehension and evaluations of the responses. 7. Exercise all rights available under applicable state and federal laws.
QUESTIONS CONCERNING RFQ: Respondents are responsible for monitoring the Bexar County Purchasing website (www.bexar.org/purchasing) for updates and information concerning this RFQ. All questions concerning this RFQ or the process for procuring the requested services must be submitted in writing (or via email) to the contact person designated below not later than 5 p.m., Central Time, November 28, 2014 and answers will be posted on the Bexar County website. The Alamo RMA reserves the right to summarize questions, combine similar questions, decline to answer questions, or to modify the content of questions to protect the identity of the requestor or as is otherwise deemed to be in the best interest of the Alamo RMA. ANTI-LOBBYING: Interested parties are prohibited from any contact with Alamo RMA Board Members and staff (except the Contact Person) prior to the submittal deadline. Violation of this prohibition is grounds for disqualification from participation in this procurement. The Contact Person for all inquiries concerning this RFQ is: Daniel Garza, Bexar County, Purchasing Agent. Questions may be submitted via email to [email protected] or via U.S. Mail to:
Alamo Regional Mobility Authority C/O Bexar County Purchasing Department
233 N. Pecos, Suite 320 San Antonio, Texas 78207
Attn: Daniel Garza
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RELEASE OF INFORMATION AND OPEN RECORDS: All proposals, once submitted, are deemed to be the property of the Alamo RMA. Response documents may be subject to public disclosure under the Texas Public Information Act ("PIA"). Any material deemed to be proprietary, confidential, or otherwise exempt from disclosure under the PIA must be clearly marked as such. If a PIA request is received during the pendency of this procurement that might cover all or part of an RFQ response, the Alamo RMA will attempt to notify the respondent. DELIVERY AND DEADLINE FOR SUBMISSION OF RESPONSES: The proposal shall be in letter format not to exceed twenty (25) pages (double sided counts as two pages, 11 point font on 8 1/2 x 11 paper), exclusive of the cover letter (limited to 2 pages), resumes, exhibits, and appendices. To be considered, the firm submitting the proposal shall submit one (1) original and ten (10) copies of the proposal. All proposals must be received by 4:00p.m., Central Time, December 5, 2014 by physical delivery at the following address:
Alamo Regional Mobility Authority C/O Bexar County Purchasing Department
233 N. Pecos, Suite 320 San Antonio, Texas 78207
Attn: Daniel Garza
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EXHIBIT I
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION
The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. Date: _____________
Signature Title
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GENERAL MEETING OF THE BOARD OF DIRECTORS OF THEALAMO REGIONAL MOBILITY AUTHORITY RESOLUTION NO. _______
WHEREAS, the Alamo Regional Mobility Authority ("Alamo RMA") was created pursuant to the request of Bexar County and in accordance with provisions of the Transportation Code and the petition and approval process established in 43 TEX. ADMIN. CODE§ 26.01, et. seq. (the "RMA Rules"); and WHEREAS, the Board of Directors of the Alamo RMA has been constituted in accordance with the Transportation Code and the RMA Rules; and WHEREAS, pursuant to Chapter 370 of the Transportation Code and the Alamo RMA's Procurement Policies, the Alamo RMA is authorized to procure investment banking services; and WHEREAS, §6 of the Alamo RMA's Procurement Policies sets forth the process by which the Alamo RMA may solicit proposals relating to the procurement of professional services through the issuance of a request for qualifications ("RFQ"); and WHEREAS, the Alamo RMA Board of Directors desires to authorize the issuance of an RFQ to solicit proposals to provide the Alamo RMA with investment banking services. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the Alamo RMA hereby authorizes its staff to issue an RFQ for the procurement of investment banking services for the Alamo RMA; and BE IT FURTHER RESOLVED, that the staff of the Alamo RMA is directed to take such other actions as necessary to implement a process, consistent with §6 of the Alamo RMA Procurement Policies, to review the RFQ responses received, assess such responses based on the criteria identified in the RFQ, and prepare a recommendation to the Board of Directors. Adopted by the Board of Directors of the Alamo Regional Mobility Authority on the 20th day of November of 2014. Submitted and reviewed by: Approved: David L. Smith John Clamp Chairman, Board of Directors Executive Director for the Alamo RMA Resolution Number ____ Date Passed 11/20/14
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Board Memorandum
To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014 Agenda Item 8: Citizen’s Communications
Citizens must sign the register to speak.
BOARD OF DIRECTORS JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR REYNALDO L. DIAZ, JR. SECRETARY/TREASURER TOMMY CALVERT, JR. RAMIRO CAVAZOS
JOHN MONTFORD DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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Board Memorandum To: Alamo RMA Board of Directors From: David Smith, Executive Director Copies: File Date: Thursday, November 20, 2014 Agenda Item 9: Executive Session
Pursuant to Chapter 551, Subchapter D, Texas Government Code At any time during the meeting of the Alamo RMA Board of Directors, the Board may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel, and security) under Chapter 551 of the Texas Government Code.
A. Subsection 551.071(1). Consultation with Attorney - Consultation with, and advice from legal counsel concerning pending/contemplated litigation, including but not limited to Aquifer Guardians in Urban Areas v. United States Federal Highway Administration et. al, settlement offers and negotiations, and other legal issues.
B. Section 551.074. Personnel Matters - Deliberation concerning the appointment, employment, reassignment, evaluation, duties, discipline, and/or dismissal of personnel.
C. Section 551.072. Deliberation Regarding Real Property - Discussion of real property purchase, exchange, lease, license, gift, donation, and/or negotiated settlement, including property to be acquired for right-of-way.
BOARD OF DIRECTORS JOHN CLAMP CHAIR
GAVINO RAMOS VICE CHAIR
REYNALDO L. DIAZ, JR. SECRETARY/TREASURER TOMMY CALVERT, JR. RAMIRO CAVAZOS
JOHN MONTFORD DAVID STARR
DAVID SMITH EXECUTIVE DIRECTOR
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