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ST9602-CS 960604~u.,~N )5 COURT ORDER ' 9B C0U TY um oa ORDER ~O. JUN 0 1996 DAE: JUN - DS STA~ OF E~S ~ ~ -~ ~ ~ CO~ OF DALLAS ~ ~~.~ BE IT E~EED, at a regul~ meet~g of~e Commissioners Co~ of Dall~ Co~, Text, held on ~e ~th dayof June ,1996, on motion made by John ~iley ~rice, C~issioner of Dis't. 3, and seconded by Hike Canttell, C~issioner of Dist. 2 , the follow~g w~ adopted: ~AS, Dall~ Co~ ~d the Tex~ Depment ofT~spo~tion (T~OT), pursuit to Co~issioners Cou~ Order No. 9~1 ???, dated ~e 25~ day of October, 1994, have entered ~to a Congestion Mitigation ~d Ak Quali~ (C~Q) ~provement A~eement to ~plement ~spo~tion ~provemen~; ~d ~EAS, pursuit to the C~Q A~eem~nt ~spo~tion ~provemen~ will be ~plemented at fo~ ~mrsections ~ ~e CiW ofCoppell; ~d ~EAS, ~ accord~ce wi~ ~e UnWed Poli~ For Prdcurement Of Architectural / Engineering Se~ices For Dall~ Count, Unzicker, ScOurbusch & Associates, Inc., w~ selected to provide desi~ se~ices of said ~spo~tion ~prov~men~; ~d ~EAS,' Unzicker, ScOurbusch & Associates, Inc. h~ submi~ed a scope of se~ices ~d fee proposal acceptable to Dall~ Co~ ~ ~ mo~t not to exceed $135,800.0&, ~e work is expected to be completed wi~ ~¢1v¢ monks, ~clusiv¢ of review t~s; ~d ~AS,' the Dkector of ~blic Works co~curs wi~ said proposal ~d reco~ends a con~ct for ~ofessional Eng~eer~g SeNices wi~ Unzkker, Sc~busch ~ Associates, Inc. ~ co~ection wi~ ~e ~tersection Improvcmenm, at a cost not to exceed $1 3~,800.00; ~d ~EAS, the awed of said contact w~ briefed on May 28, 1996. IT IS ~EFO~ O~EED, AD~GED A~ DECKED by ~ Dall~ Co~ Co~issioners Co~ that ~e Coun~ Judge is hereby au~o~zed ~d dkected to execute a contact for ~ofessional Eng~ee~g Se~ices for Congestion Mitigation / Ak Quali~ ~tersection Improvement ~o~m ~oject No. 10 t~ojecm 058 ~ou~ 060 ~d Dall~ Co~ Bond ~oject 585) with Unzicker, ScOurbusch & Associates, Inc., ~ ~ mount not to exceed $135,800.00 to be ~nded ~ a~ached: DONE IN OPEN COURT, this the 4th day of June ,1996. 'Lee F. ' acd ~SSN~ ~ ~ . , ge J~ Jackson, Dis~ict I M~e C~eil, Dis~ict 2 Attachment to Court Order No. 96-1077 The 'Contract for Professional Engineering Services for Congestion Mitigation / Air Quality Intersection Improvement Program Project No. 10 (Projects 058 through 060 and Dallas County Bond Project 585) with Unzicker, Schnurbusch & Associates, Inc., in an amount not to exceed $135,800.00, shall be funded as follows: Belt Line at MacArthur 190-058-700-6 $ 18,269 Belt Line at Wrangler (Cowboy) 190-059-700-6 $ 7,105 Bethel at Denton Tap 190-060-700-6 $ 6,090 Moore at Sandy Lake 492-585-7004 $ 5,610 Moore at Sandy Lake 492-585-700-6 $ 98,726 Total Contract Amount: $ 135,800 . DALLAS COUNTY CONSULTING ENGINEERS CONTRACT STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF DALLAS THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract", made, entered into and executed this the 4th day of June , 1996, by and between the County of Dallas acting by and through the County Judge with approval of the Commissioners Court, pursuant to Court Order No. 96-1077 , hereinafier referred to as the "County", and Unzicker, Schnurbusch & Associates, Inc., hereinafter referred to as the "Engineer", singularly referred to as "Party" and collectively referred to as "Parties": WITNESSETH WHEREAS, the County desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with four intersection improvements in the City of Coppell, hereinafier referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the County and is willing to enter into a Contract with the County to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this Contract shall be administered on behalf of the County by its Director of Public Works, or his duly authorized representative, hereinafter referred to as "Director." The Engineer shall fully comply with any and all instructions from said Director. Page I of 12 05/21/96 11:45 AM D :\PROJECTXP02CONTRXP2-1C WDC\P2-1 - 1 \UNZICKERXFINAL.DOC AGREEMENT NOW, THEREFORE, the County and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The County agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the County agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the Director. 1. Scope of Services. A. Basic Services: The work tasks and activities to be performed and deliverables to be provided by the Engineer shall be in accordance with Attachment A, Basic Services, including modifications to the Basic Services as mutually agreed to by the County and the Engineer in accordance with the provisions of this Contract. B. Special Services Not Included In Basic Services: When mutually agreed to in writing by the County and the Engineer, the Special Services listed in Attachment B, Special Services, appended hereto, shall be provided by the Engineer. These Special Services are not included as a pan of Basic Services and shall be paid for by the County in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including any modifications to the Scope of Services, the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice To Proceed (NTP) the Engineer shall submit to the County a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Basic Services: Schematic Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Page 2 of 12 05/21/96 11:45 AM D :\PROJECTNP02CONTRXP2-1 CWDC\P2-1 - 1 \UNZICKER~FFNAL. DOC Submittal. Based on the Schedule of Services, the County shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the County. The Engineer shall provide to the County information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the County. The Engineer shall complete and provide to the County said report at two week intervals. 3. Compensation. A. Basic Services Fee: Fee for Basic Services shall be paid tO the Engineer under this Contract for the Basic Services and pursuant to the Fee Schedule described herein, in Attachment A, Basic Services. Basic Services Fee shall not exceed Eighty Five Thousand Five Hundred and No/100 Dollars ($85,500.00) provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms of this Contract. B. Special Services Fee Not Included In Basic Services Fee - Fee for Special Services shall be paid to the Engineer under this Contract for the Special Services and pursuant to the Fee Schedule described herein, in Attachment B, Special Services. Special Services Fee shall not exceed Fifty Thousand Three Hundred and No/100 Dollars ($50,300.00) provided, however, that modifications to the Special Services, or other conditions defined herein may necessitate a change of Fee and further provided that any additional fee is approved by the Commissioners Court in accordance with the terms of this Contract. C. Total Maximum Fee - Total Maximum Fee for this Contract shall not exceed One Hundred Thirty Five Thousand Eight Hundred and No/100 Dollars ($135,800.00): the maximum Basic Services Fee plus the maximum Special Services Fee. D. Basis - The Engineer shall be compensated for reimbursable costs of the Services rendered under the terms of this Contract on the basis of the percentage of Services provided and indicated in the Design Progress Reports submitted by the Engineer and approved by the County; at increments no less than ten percent (10%) of the Total Maximum Fee amount; and at not less than monthly intervals. The first incremental Page 3 of 12 05/21/96 11:45 AM D :\PROJECT\P02CONTR\P2-1CWDC\P2-1 - ! \UNZICKERXFINAL. DOC payment, however, shall be authorized upon the County's approval of the Design Progress Report indicating no less than 15% completion and the County's acceptance of the Draft Environmental Reports. Reimbursable costs are those costs attributable to authorized Services in accordance to Dallas County Policy, and allowable under the provisions of 48 CFR Chapter 1, FAR 31. E. Invoices - The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services and/or Special Services on or before the twenty fifth (251h) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the County, provided that Services completed as indicated in the Design Progress Reports approved by the County equals or exceeds the incremental percentage requested on the Engineer's invoices. Engineer's invoices to County shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by Director. Should additional documentation be requested by the Director, the Engineer shall comply promptly with such request. F. Payments - All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the County. Following approval of invoices, County shall endeavor to pay Engineer promptly in compliance with the V.T.C.A. Government Code, ~ 2251; however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The County, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. County reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the County. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the Commissioners Court. Page 4 of 12 05/21/96 1 i :45 AM D :\PROJECTXP02CONTR\P2-1 C WDCNP2-1 - 1 \UNZICKERXFINAL. DOC 5. Modifications to the Scope of Services. Either the Engineer or the Director may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and condition of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the Director shall review the conditions associated with request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the Director shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by the Engineer, authorized by the Commissioners Court, and issued by the Director. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The Director may issue written Modifications to the Scope of Services without prior approval of the Commissioners Court when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Basic Services, the Engineer shall provide the County with one set of reproducibles, one set as bluelines or hard copy and electronic media of the submittal documents. For the environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 3 5 mm camera or larger format camera. Color laser copies may be substituted for original photographs in the final report. The Environmental Reports are to be written in dual unit measurements according to TxDOT's Metrication Guide, and Highway Design Division Manuals. Page 5 of 12 05/21/96 11:45 AM D:XPROJECTNP02CONTR\P2-1CWDCXP2-1 - I\UNZICKERXF1NAL.DOC A Transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the Director. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the Director. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the County of the Schematic Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the County. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of County's written instruction to proceed. 8. Partnering. The County shall encourage participation in a partnering process that involves the County, Engineer and his or her subconsultants, the Project's host City(ies), and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre~ Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the County and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The Director shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the Director and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the County and the Engineer shall negotiate in good faith toward resolving such disputes. The Director shall present unresolved disputes arising under the terms of this Contract to the Commissioners Court. The decisions of the Commissioners Court as it pertains to unresolved disputes shall be final and binding. Violation or breach of contract terms by the Engineer may be grounds for termination. Should said disputes be Page 6 of 12 05/21/96 11:45 AM D:~ROJECTXP02CONTR~2-1 CWDC\P2-1 - 1 \UNZICKER\FINAL.DOC irreconcilable, the County shall terminate the contract by default. Any increased costs arising from the termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional seal of endorsement on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the County shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the designs, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify County for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the County. 12. Indemnification. Engineer shall indemnify, hold harmless and defend Dallas County, the Dallas County Department of Public Works, the State of Texas, the Texas Department of Transportation, and any and all participating firms, jurisdictions, and agencies, their officers, agents and employees from any loss, damage, liability or expense, including reasonable attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in the performance of this Contract, or any breach of any obligation under this Contract. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance Page 7 of 12 05/21/96 11:45 AM D:\PROJECTxP02CONTR\P2- I CWDC\P2-1 - 1 \UNZICKERXFINAL.DOC with the terms of this Contract. Where damage is caused to the County due to the Engineer's failure to perform in these circumstances, the County may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of County's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the County and/or a participating city(ies) in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the County or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period and authorization by Commissioners Court, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the County. 15. Personnel Qualifications. Engineer warrants to the County that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the County to be used as County desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by County. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, Page 8 of 12 05/21/96 11:45 AM D:\PROJECTXP02CONTRXP2-1 CWDCXP2-1 - 1 \UNZICKERXFINAL.DOC consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to the County. 18. GeoeraDhic Information System (GIS) Database. The County is utilizing Digital Orthophotography, and related vector and Digital Elevation Model for mapping and geographic referencing purposes. The County grants the Engineer a limited right to use the GIS database, as described in Attachment C, Data to be Furnished by the County, while performing Services under the Contract. The Engineer shall use the database for the sole purpose of fulfilling tasks associated with the Services. The Engineer agrees to protect the GIS database from reproduction and distribution in electronic or any other form. With exception of Engineer's deliverables, the Engineer shall not reproduce or distribute copies of the digital orthophotagrahpy database in printed form. Upon completion of the Services the Engineer may retain one copy of the GIS database in the form it was provided to the Engineer for the life of the Engineer's life of liability associated with this Project. All other copies of the GIS database shall be erased or returned to the County. The Engineer shall provide certification to the County confirming County provided electronic magnetic media has been returned and/or erased at the completion of Services and so noting the existence of the one retained copy. 19. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the County upon request for purposes of evaluating compliance with provisions of this Contract. Should the Director determine it necessary, Engineer shall make all its records and books related to this Contract available to County for inspection and auditing purposes. 20. Assignment of Contract. This Contract shall not be assignable by the Engineer in whole or part without the written consent of the County. 21. Debarment, Suspension and Disciplinary Action. The Engineer shall execute and comply with Attachment E, Debarment Certification (Negotiated Contracts), attached hereto and made a part of this Contract. Page 9 of 12 05/21/96 11:45 AM D :XPROJECTXP02CONTR\P2-1CWDCXP2-1 - 1 \UNZICKER\FINAL.DOC 22. Lobby Certification. The Engineer shall execute Attachment F, Disclosure of Lobbying Activities, attached hereto and made a part of this Contract, pursuant to 31 USC 1352. 23. Texas Franchise Tax Certification. Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the County from entering into an Contract with a corporation which is delinquent in paying taxes under Chapter 171, Tax Code, the Engineer hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from, or not subject to, such a tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for termination of the Contract at the sole option of the County. 24. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract, it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 25. Minority / Women Business Enterprise Requirements. The Engineer agrees to comply with Attachment G Dallas County "Minority Business / Woman-Owned Business Involvement Policy." 26. Gratuities. Dallas County Commissioners Court policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with Dallas County, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. Any person who does business with or who reasonably speaking may do business with the County. under this Contract may not make any offer of benefits, gifts, or favors to County employees. Failure to adhere to this policy may result in the termination of this Contract. 27. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. Page 10 of 12 05/21/96 11:45 AM DAPROJECTXP02CONTR\P2- I CWDC\P2-1 - i\UNZICKER\FINAL.DOC 28. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, County Commissioners Court Orders, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the County with satisfactory proof of compliance therewith. 29. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County, Texas. 31. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 32. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the County' s Director of Public Works. 33. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mall, postage prepaid, addressed to such Party at the following respective addresses: County: The County of Dallas, Texas Attention: Mr. Allen J. Clemson, Commissioners Court Administrator 411 Elm Street Dallas, Texas 75202 Engineer: Unzicker, Schnurbusch & Associates, Inc. Attention: David M. Schnurbusch, P.E., President-CEO 8700 Stemmons Freeway, Suite 400 Dallas, Texas 75247 Page 11 of 12 05/21/96 11:45 AM D :\PROJECTXP02CONTR\P2-1C WDCXP2-1 - 1 \UNZICKERXFINAL .DOC IN WITNESS WHEREOF, the County of Dallas, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE COUNTY OF DALLAS ENGINEER: UNZICKER, SCHNURBUSCH *---- & ASSOCIATES, INC. BY: ) I Le . , :ounty Judge David M. Schnurbusch, P.E., President-CEO Date: 6/4/96 Date: 5/22/96 ATTEST: ATTEST: Paula A. Stephens ~ Deputy County Clerk / Clerk of Connnissioners Court (CORPORATE SEAL) Page 12 of 12 05/21/96 11:45 AM D :\PROJECTXP02CONTR\P2-1CWDCNP2-1 - 1 \UNZICKERLFINAL. DOC LIST OF ATTACHMENTS Attachment A Basic Services Attachment B Special Services Attachment C Data to be Fumished by County Attachment D *Project Schedule Attachment E Debarment Certification (Negotiated Contract) Attachment F Disclosure of Lobbying Activities Attachment G Minority Business / Woman-Owned Business Involvement Policy *To be added subsequent to execution of Contract. 05/21/96 11:45 AM D :XPROJECTXP02CONTRXP2-1 C WDCXP2-1 ~ 1 \UNZICKERXFINAL.DOC Dallas County Consulting Engineers Contract Scope of Services UNZICKER, SCHNURBUSCH & ASSOCIATES, INC., hereinafter referred to as the Engineer shall prepare or have prepared through subconsultants, Plans, Specifications and Estimates in accordance with the latest editions of: ITEM STANDARDS, CRITERIA, GUIDELINES *ROW Documentation TxDOT ROW Deed & Plat Guidelines *Environmental Studies NEPA, CERCLA, ASTM, State Historical Preservation Office, Texas Antiquities Commission, Texas Parks & Wildlife, Soil Conservation Service, U S. Fish & Wildlife, National Pollution Discharge Elimination System, U. S. Corps of Engineers Design TxDOT Highway Design Division Operations and Procedures Manual & Texas Manual on Uniform Traffic Control Devices (TMUTCD), American Association of the State Highway & Transportation Officials' (AASHTO) A Policy on Geometric Design of Highways & Streets 1994, (GREEN BOOK) City of Coppell Design Criteria & Standards CADD Dallas County - Program Manager/Engineer (PM/E) C.~DD Standards *Metrication TxDOT Metrication Guide Specifications TxDOT Standard Specifications for Construction of Highways, Streets and Bridges. City of Coppell Standard Construction Details Cost Estimate TxDOT General Guideline For Preparing ,4 Plans Estimate Design Quality Assurance / Dallas County PM/E QA/QC Guidelines Quality Control (QA/QC) * Design shall be prepared using Metric Units. Environmental Reports and ROW documents shall be prepared in dual units, U.S. and Metric Units. SCOPE OF SERVICES: The Scope of Services for the Project includes environmental studies, schematic design, right of way mapping, traffic design, and preliminary and final construction plans, specifications and cost estimates for four (4) intersection improvements as listed below: City of Coppell, Dallas County, Texas: I. Location - Sandy Lake Road at Moore -- NCTCOG #3096.000 2. Location - Denton Tap Road at Bethel Road -- NCTCOG #4061.000 3. Location - MacArthur Boulevard at Belt Line Road -- NCTCOG #4065.000 4. Location - Denton Tap Road at Wrangler -- NCTCOG #4066.000 1 A:\CMAQATT .A ;~ Dallas County Consulting Engineers Contract ATTACHMENT A Basic Services The following is a description of the Basic Services to be provided by the Engineer: 1. General Administration: a. Develop Project Schedule, Attachment D · A Project Schedule shall be completed after receiving the notice-to-proceed for the project. The Schedule shall be prepared in accordance with the guidelines outlined in Article 2 of the Agreement. b. The Engineer will submit a completed Design Progress Report in the format required on a bi-weekly basis. c. Meetings · Pre-Design · Schematic Design submittal review · Preliminary Design submittal review · Final Plans, Specification and Estimate submittal review 2. Project Research: a. Acquire information and data · The County shall provide the Engineer the Project data referenced in Attachment C, Data to be Provided by County. Any preliminary plan work that has previously been completed for these intersections will also be provided. b. Physical Inventory · Ske Visits c. Review and Collate CADD Data · Load CADD drawings and check integrity. d. Acquire existing storm sewer and utility plans and data · Research available existing storm sewer and utility plan data from City of Coppell, and from the various affected utility companies. No subsurface investigation is required. e. Utility Coordination · Determine the locations of electric, traffic signals cables, loop detections, telephone, water, gas or other utilities and how they could affect the intersection improvements. No subsurface investigation is required. 3. Preliminary Traffic Analysis: a. Review County provided Conceptual Design b. Investigate and Identify Design Issues · Develop an understanding of the intersection geometric, existing signals and signal systems, utility locations or other issues which will affect the intersection improvements. c. Evaluate Conceptual Designs A-1 A:\CMAQATT .A Dallas County Consulting Engineers Contract ATTACHMENT A Basic Services 3. Preliminary Traffic Analysis (cont'd): · Evaluate the Design Concept Report and Concept Drawings utilizing acceptable transportation engineering principles and practices for urban conditions. This evaluation shall be based upon AM/PM Peak traffic counts, HCM/PASSER resuks, evaluation of existing and future level of service, environmenal issues and other geometric, utility or property constraints. · Identify any potential constructability problems. · Prepare a technical memo documenting the data compilation, engineering analysis, existing/future condition impact analysis of improvements, f'mdings and conclusions (approximately two {2} pages). Suggest modifications to the conceptual design presented in the Design Concept Report, if warranted. Evaluate the need for Traffic Signal Modification on each intersection, if warranted. 4. Schematic Design Submittal: a. Schematic Engineering Report (Refer to Schematic Phase Outline Sheets) · Prepare an engineering report documenting concurrence with the Design Concept Report or alternative solutions for each intersection, traffic analysis, traffic signal modification, and recommendations. b. Report presentation · Submit a completed Schematic Engineering Report to the County. The Engineer shall provide the County with one (1) set of reproducibles, one (1) set of bluelines or hard copy, and electronic media of the submittal documents. 5. Schematic Design Submittal Review: a. Respond to and/or incorporate one set of review comments prepared by Dallas County, the City of Coppell, TxDOT and/or the FHWA. 6. Preliminary Design Submittal: a. Prepare Preliminary construction plans · Develop paving plans and profiles of each intersection improvement. These plans shall be completed using metric units. These sheets will contain existing topographic information, roadway baselines, pavement edges, pavement spot elevations where necessary, limits of structures and retaining walls, drainage structures, sidewalks, barriers, and other information necessary for pavement construction. · Develop miscellaneous roadway details if necessary for driveways, sidewalks, wheelchair ramps or other paving details. The Engineer will use TxDOT A-2 A:\CMAQATT.A Dallas County Consulting Engineers Contract ATTACHMENT A Basic Services standard sheets when available. The Engineer shall comply with the ADA when completing all sidewalk and other construction details. · Develop typical sections for the pavement construction for each of the intersection improvement. · Prepare cross sections for each intersection with which to quantify earthwork, if needed. · Complete the necessary sheets and design for storm water pollution prevention for each of the intersections. · Develop storm sewer plans and profiles, as necessary, to replace inlets and/or pipes being removed due to intersection widening, if needed. · Develop retaining wall design and details, if necessary. · Develop traffic signal layouts and details, as required. · Develop traffic control plans and a construction sequence for each intersection improvement. · Develop pavement marking and signing layouts and details, as required for each intersection improvement. · Develop Traffic Signal Modification Plan, if warranted. b. Specifications · Develop an outline for special specifications and a list of TxDOT Standard Specifications to be used. · Consider Special Provisions for fast-track construction materials and techniques. c. Engineer's Cost Estimate · Prepare a Preliminary Cost Estimate for the Preliminary Design using TxDOT Guidelines. d. Quantities and Summary Tables · Prepare Preliminary Quantity and Summary Tables e. Submit Preliminary Design Documents to the County. The Engineer shall provide one (1) set of reproducibles; one (1) set as bluelines or hard copy, and electronic media of the submittal documents. · Review by County, TxDOT, FHWA and the City of Coppell. f. Response to and/or incorporate review comments prepared by County, the City of Coppell, TxDOT and FHWA. 7. Final Plans, Specifications and Estimate (PS&E) Submittal: a. Develop the plans discussed above to a nearly fLnal stage of completion, incorporating prior review comments and making appropriate revisions. All quantities shall be computed and summary sheets shall be finalized. b. Complete special specifications and general notes that will be included with the plans. A-3 A:\CMAQATT.A ~(~ Dallas County Consulting Engineers Contract ATTACHMENT A Basic Services c. Develop an Engineer's estimate of probable construction cost for each of the intersection improvements using TxDOT Guidelines. d. Submit Final Plan, Specifications and Estimate to the County. The Engineer shall provide one set of reproducibles, one (1) set as bluelines or hard copy, and electronic media of the submittal documents. e. Respond to or incorporate review comments prepared by Dallas County, the City of Coppell, TxDOT and FHWA. Make final revisions to the plans, quantities, summary sheets and cost estimate, as necessary. f. Make a final PS&E. submission of completed plans, specifications and estimate. Submittal shall include the mylar originals, one (1) set of prints and an electronic deliverable of the Plans in the format specified. Basic Services Fee shall not exceed: $ 85~500.00 A:\CMAQATT.A Dallas County Consulting Engineers Contract ATTACHMENT B Special Services The following is a list of special services to be provided by the Engineer or their subconsultants and the associated special services fee schedule that will be required for this Project: Scope of Services: Fee Schedule: 1. Environmental Assessments (EA): a. Review the existing environmental reports and conduct site investigations. · Identify the environmental issues according to the latest ASTM standard, NEPA, and CMAQ. · Phase II soil sampling and analysis is to be considered outside the current Scope of this contract, but may be provided as "Additional Services" upon receipt of written authorization. b. Preparation of Draft Environmental Reports · CMAQ transaction screening questionnaire · TxDOT environmental report · Develop preliminary Phase II sampling plan, possible mitigation options and a preliminary opinion of costs based on preliminary data received from the TNRCC. · -Executive summary (Letter of Transmittal) · TxDOT checklist C for each parcel of right-of-way c. Environmental Report Submittals · Submit draft EA to the County/TxDOT for comment · TxDOT checklist C for each parcel of right-of-way d. Review of TxDOT Comments to Environmental Reports · Response and resubmitting of report if necessary; one review cycle Total Environmental Assessment Fee (lump sum) $ 11,000.00 2. Traffic Data Collection: a. Vehicle Turning Movement Counts · AM and PM for peak hours(2 hr time period), for each approach · Include pedestrian crossings and percentage of trucks b. Other Analysis Data · Sample lane distribution c. Data Reduction · Compile data for analysis Total Traffic Data Collection Fee (lump sum) $ 2,300.00 B-1 A:\CMAQATT.B Dallas County Consulting Engineers Contract ATTACHMENT B Special Services 3. Field Survey: a. Right-of-Way · Verify existing right-of-way lines. · Develop parcels, field descriptions, and right-of-way maps for each of the projects which provide the necessary information for right-of-way property takes for each of the intersection projects. b. Design and Topographic Survey · Gather topographic features needed for design of proposed improvements c. Dimension Control · Tie into the City of Coppell's horizontal and vertical control points Total Field Survey & Right-of-Way Data Fee (lump sum) $ 32~000.00 4. Geotechnical Reports: a. The Engineer will conduct geotechnical investigations for pavement and retaining wall design, if necessary. Total Geotechnical Reports Fee (lump sum) $ 5,000.00 5. Environmental Public Meetings, if needed: a. Provide technical support for the data given at the public meeting. b. Prepare exhibits for public meetings. Total Environmental Public Meeting Fee (rate per hour) Project Manager $ 85.00/Hr.* Project Engineer $ 70.00/Hr.* CADD Tech $ 60.00/Hr.* 6. Expert Witness, if needed: a. Assist County in litigation with third parties arising from the development or construction of the project. Total Expert Witness Fee (rate per hour) Project Manager $ 85.00/Hr.* Project Engineer $ 70.00/Hr.* CADD Tech $ 60.00/Hr.* B-2 A:\CMAQATT.B Dallas County Consulting Engineers Contract ATTACHMENT B Special Services 7. Assist in Eminent Domain proceedings, if needed: a. The Engineer understands that the right-of-way required for the project may be condemned by the District Attorney' Office, County of Dallas, and he/she will upon notification, provide all requested assistance including testimony. Total Eminent Domain Proceeding Fee (rate per hour) Project Manager $ 85.00/Hr.* Project Engineer $ 70.00/Hr.* CADD Tech $ 60.00/Hr.* Special Services Fee shall not exceed: $ 50,300.00 *Not included in the not to exceed Special Services Fee amount. Not to exceed lump sum amounts for these items shah be determined in accordance with the terms of the Agreement. B-3 A:\CMAQATT.B Dallas County Consulting Engineers Contract ATTACHMENT C Data to be Provided by County The County shall provide to the Engineer: Project Concept Report - Report includes a Design Concept Report, Concept Drawings, and an Environmental Assessment Report..The Project Concept Report defines the existing conditions, a proposed design concept, limits of the project, potential design issues and exceptions, and the preliminary environmental investigation results. This report is not all-inclusive and shall not relieve the Engineer of the full scope of engineering services. GIS Database - GIS data as defined below: Digital orthophotography with 0.5 meter pixel resolution produced from 1"=2,800' scale photography acquired from a controlled aerial survey at a flight altitude of 17,300 feet above ground elevation. The digital orthophtography has a horizontal root-mean-square error equal to or less than 1.0 meter. The horizontal accuracy requires that two-thirds of all photo-identifiable points fall within 1.0 meter and 90 percent of all photo-identifiable points fall within 2.0 meters. Street centerlines, railroads, and water bodies constitute a raw vector planimetric database. The vectors were developed as part of the digital orthophotographic rectification process and as such represent raw vector data with no attributes attached. The vectors are positionally accurate to the orthophotographic base with horizontal accuracy described in the paragraph above. An associated coverage depicting NAD 83 Texas State Plane Coordinate grid tics is provided also. Design Progress Report Form - The form to be completed and submitted to the County every two weeks. The percentage of Services provided as indicated on the Design Progress Report shall be the basis for Fee invoices and payments. Invoice Form - A CMAQ Invoice Form detailing the format and content required for invoicing under this Agreement. Environmental Report Forms - Forms provided shall inc'lude: CMAQ Transaction Screening Questionnaire TxDOT Environmental Assessment Outline Sample Executive Summary Example of Categorical Exclusion CMAQ Program CADD Standards Latest 12 Months Costs TxDOT General Notes C-1 05/21/96 11:38 AM D :XPROJECTXP02CONTRXP2-1 CWDCXP2-1 - 1 \UNZICKERXATT_C-F .DOC Dallas County Consulting Engineers Contract ATTACHMENT D Project Schedule To be added subsequent to execution of Agreement. 05/21/96 11:38 AM D :\PROJECTLP02CONTRLP2-1 CWDCLP2-1 - 1 \UNZICKERNATT_C-F. DOC Dallas County Consulting Engineers Contract ATTACHMENT E Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) for this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. *federal, state or local David M. Schnurbusch, P.E., President-CEO Title Form 1734-A E- l 4-89 5/21/96 11:38 AM D:\PROJECTXP02CONTRXP2-1CWDC~P2-1-1\UNZICKERXATT C-F.DOC Debarment Certification Information This certification is to be used by contractors pursuant-to 49 CFR 29 when any of the following occur: * any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction any procurement contract for goods or services when the estimated cost is $25,000 or more · any procurement contract for goods or services between the contractor and a person, regardless of the amount, under-which the person will have a critical influence on or substantive control over that covered transaction. Such persons include principal investigators and providers of federally-required audit services. A procurement transaction is the process of acquiring goods and services. A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST. Form 1734-A E-2 ¢/b~) 4-89 5/21/96 11:38 AM D :\PROJECTXP02CONTRXP2-1CWDCXP2-1 - 1 \UNZICKERXATT_C-F.DOC Dallas County Consulting Engineers Contract ATTACHMENT F Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loam, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subjec ' ' , ot more ~ature ~ David M. Schnurbusch, P.E., President-CEO Title Unzicker, Schnurbusch & Associates, Inc. Agency G'[2-7-[ (; Date SDHPT F- 1 4.90 5/21/96 11:38 AM D:M:'ROJECT',P02CONTRNP2-1CWDC~2-1-1\UNZICKER'~ATT_C-FDOC DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ED a. contract [E] a. bid/offer/application ED a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and D Prime [~[] Subawardee Address of Prime: Tier 1 if known Unzicker, Schnurbusch& Associates, Inc. N/A 8700 Stemmons Freeway, Suite 400 Dallas, Texas 75247 Congressional District, if known.' Congressional District, if known: 6. Federal Department Agency: 7. Federal Program Name/Description: Department of Transportation Intermodal Surface Transportation Federal Highway Adminstration Efficiency Act (ISTEA) CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount. if known.' $ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI).' different from No. lOa) (last name, first name, MI): N/A N/A (attach Continuation Sheet(s)SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): [] a. retainer $ NIA [] actual [] planned [] b. one-time fee 12 Form of Payment (check all that apply): [] c. commission [] a. cash [] d. contingent fee [] b. in-kind; specify: nature N/A [] e. deferred value [] f. other; specify: N/A 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: Unzicker, Schnurbusch & Associates, Inc. has performed no lobbying activities to secure this Contract. No Federal official or employee nor officer, employer or member of Congress has been contacted. (attach Continuation Sheet(s) SF-LLL-A, if necessary) I na section 1352. This disclosure of lobbying activities is a material S'g tue: . representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is ~I~, r required pursuant to 31 U.S.C. 1352. This information will be reported to Print N the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a Title: PresidentoCEO civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone: (214) 634-3300 Date: Federal Use Only: I Authorized for Local Reproduction Standard Form-LLL 4.90 Dallas County Consultant Engineers Contract Attachment G Minority/Women Business Specifications I. POLICY STATEMENT Dallas County is wholly committed to developing, establishing, maintaining, and enhancing minority involvement in the total procuremerit process. It is the policy of Dallas County to involve qualified minority/women-owned businesses to the greatest extent feasible in the County's procurement of goods, equipment, services, and construction projects. The County, its contractors, their suppliers and subcontractors, and vendors of goods, equipment services, and professional services shall not discriminate on the basis of race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. However, competition and quality of work remain the ultimate "yardstick" in contractor, subcontractor, vendor, service, professional service, and supplier utilization. All vendors, suppliers, professionals, and contractors doing business or anticipating doing business with Dallas County shall support, encourage, and implement affh'mative steps toward our common goal of establishAng equal opportunity for all citizens of Dallas County. II. REQUIREMENT OF ALL PROPOSERS Each fu-rn responding to this Request for Proposal (RFP) shall be required to submit with their proposal information regarding minority/women business participation in this project. This would include: Check upon completion: X 1. Compliance with Dallas County's Good Faith Effort Policy (attached). X 2. MBE/WBE Participation Report Form (attached). X 3. A Letter of Assurance A or a Letter of Assurance B (attached). X 4. A percentage breakdown of minority/woman ownership of your firm (attached). X 5. Minority or Female Involvement on this Project (attached). X 6. Equal Employment Opportunity Statement (attached). X 7. MBE/WBE Identification (attached). X 8. Vendor Statistical Report (attached). N/A 9. Dallas County M/WBE Payment Report. (attached) Misrepresentation for the purpose of evasion of this Policy by certifying to any of the above statements shall not be permitted by Dallas County. In the event that the awarded vendor is authorized to subcontract and commits effort to utilize minority and/or women owned businesses as subcontractors, the name, address and telephone number of the actual subcontractor(s) with actual dollar awards to these subcontractors must be submitted to the Purchasing Department within five (5) working days after bids are opened. Once work commences, the awarded vendor (prime contractor) must submit an M/WBE subcontractor status payment report (attached) with each payment invoice before payments will be authorized for release. Dallas County Consultant Engineers Contract Attachment G Minority/Women Business Specifications 1. GOOD FAITH EFFORT Prior to an award, all proposers will be required to document a "Good Faith Effort" to secure minority/women-owned businesses as subcontractors/subconsukants. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. However, if the successful bidder does not document a "Good Faith Effort" in securing minority/women-owned businesses, a representative of the company must appear before the Dallas County Commissioners Court and explain the situation and answer any questions raised by the Court. A "good faith effort" will be def'med as: 1. Attendance at the pre-bid/pre-proposal conference, in any, scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting minority/women-owned fu'ms to determine with certainty whether these fh'ms are interested. 3. Efforts made to select portions of the work proposed to be performed by minority/women- owned f'u'ms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Document each minority/woman-owned firm contacted, the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal small businesses, minority/women business assistance offices and other organizations that provide assistance and placement of minority/woman-owned businesses. 2. MBE/WBE PARTICIPATION REPORT 23417A-10 CMAQ Program PROJECT NUMBER PROJECT TITLE COMPLETE THE TOP PORTION OF THIS FORM FOR EACH MBE/WBE BUSINESS THAT YOU WILL USE ON THIS PROJECT. COMPLETE THE BOTTOM PORTION OF THIS FORM WITH DATA ON YOUR COMPANY. PROPOSED DELETION OF MBERVBEs ARE REQUIRED TO BE REPORTED TO DALLAS COUNTY BEFORE FINALIZATION. NAME OF MBE/WBE: Terra-Mar, Inc, ADDRESS OF MBE/WBE: 11050 Ables Lane, Dallas, TX 75229 PHONE NUMBER OF MBE/WBE: ( 214 ) 488-8800 DESCRIPTION OF WORK/SUPPLIES TO BE PROVIDED BY MBE/WBE ON THIS PROJECT: GeoTechnical Services MBE or WEE: M NMSD5646Y0396 NORTH CENTRAL TEXAS REGIONAL CERTIFICATION THIS MBE/WBE AWARD REPRESENTS: (NOTE TO PROPOSERS: THE DATA REGARDING AMOUNT MAY BE SENT AFTER SUBMITTAL OF PROPOSAL BUT PRIOR TO AWARD). SUBCONTRACTOR $ % X SUBCONSULTANT $ 5,000.00 3.68 % MATERIAL SUPPLIER $ % [_] NO MBE/WBEs ADDED, PLEASE EXPLAIN: NAME OF YOUR BUSINESS Unzicker, Schnurbusch & Associates, Inc. ADDRESS 8700 Stemmons Freeway, Suite 400, Dallas, TX 75247 PHONE NUMBER ( 214 ) 634-3300 NOTE: Please be advised that this information will be confirmed with the WEE/WEE firms. Robed L. Pruett - Executive Vice President TYPED NAME & TITLE OF PREPARER SIGNATURE D/~TE 2. MBE/WBE PARTICIPATION REPORT '2, L,LI "7 A ' 10 CMAQ Program PROJECT NUMBER PROJECT TITLE COMPLETE THE TOP PORTION OF THIS FORM FOR EACH MBEANBE BUSINESS THAT YOU WILL USE ON THIS PROJECT. COMPLETE THE BO'!'FOM PORTION OF THIS FORM WITH DATA ON YOUR COMPANY. PROPOSED DELETION OF MBE/WBEs ARE REQUIRED TO BE REPORTED TO DALLAS COUNTY BEFORE FINALIZATION. NAME OF MBE/WBE: Leftwich & Associates ADDRESS OF MBE/WBE: 909 Shiloh Drive, DeSoto, TX 75115 PHONE NUMBER OF MBENVBE: ( 214 ) 230-0865 DESCRIPTION OF WORK/SUPPLIES TO BE PROVIDED BY MBE/WBE ON THIS PROJECT: Traffic Siqnalization Modification MBE orWBE: W WFSD6557N1295 NORTH CENTRAL TEXAS REGIONAL CERTIFICATION THIS MBE/WBE AWARD REPRESENTS: (NOTE TO PROPOSERS: THE DATA REGARDING AMOUNT MAY BE SENT AFTER SUBMITTAL OF PROPOSAL BUT PRIOR TO AWARD). SUBCONTRACTOR $ % X SUBCONSULTANT $ 30,900.00 22.75 % MATERIAL SUPPLIER $ % [_1 NO MBE/WBEs ADDED, PLEASE EXPLAIN: NAME OF YOUR BUSINESS Unzicker, Schnurbusch & Associates, Inc. ADDRESS 8700 Stemmons Freeway, Suite 400, Dallas, TX 75247 PHONE NUMBER ( 214 ) 634-3300 NOTE: Please be advised that this information will be confirmed with the WBE/WBE firms. Robert L. Pruett - Executive Vice President TYPED NAME & TITLE OF PREPARER 2. MBE/WBE PARTICIPATION REPORT 1'7 -I C> CMAQ Pro.qram PROJECT NUMBER PROJECT TITLE COMPLETE THE TOP PORTION OF THIS FORM FOR EACH MBE/WBE BUSINESS THAT YOU WILL USE ON THIS PROJECT. COMPLETE THE BOTTOM PORTION OF THIS FORM WITH DATA ON YOUR COMPANY. PROPOSED DELETION OF MBE/VVBEs ARE REQUIRED TO BE REPORTED TO DALLAS COUNTY BEFORE FINALIZATION. NAME OF MBE/WBE: The Oyekan Group USA, Inc. ADDRESS OF MBE/WBE: 1825 Market Center Blvd., Dallas, TX 75207 PHONE NUMBER OF MBE/VVBE: ( 214 ) 761-5420 DESCRIPTION OF WORK/SUPPLIES TO BE PROVIDED BY MBEANBE ON THIS PROJECT: Environmental Services MBE or WBE: M BMSD4787N0895 NORTH CENTRAL TEXAS REGIONAL CERTIFICATION THIS MBE/WBE AWARD REPRESENTS: (NOTE TO PROPOSERS: THE DATA REGARDING AMOUNT MAY BE SENT AFTER SUBMITTAL OF PROPOSAL BUT PRIOR TO AWARD). SUBCONTRACTOR $ % X__ SUBCONSULTANT $ 11,000.00 8.10 % MATERIAL SUPPLIER $ % [_] NO MBE/WBEs ADDED, PLEASE EXPLAIN: NAME OF YOUR BUSINESS Unzicker, Schnurbusch & Associates, Inc. ADDRESS 8700 Stemmons Freeway, Suite 400, Dallas, TX 75247 PHONE NUMBER ( 214 ) 634-3300 NOTE: Please be advised that this information will be confirmed with the WBE/WBE firms. Robert L. Pruett - Executive Vice President TYPED NAME & TITLE OF PREPARER SIGNATURE DATE G-5 3. LETTER OF ASSURANCE "A" The undersigned proposer hereby assures that our firm will meet or exceed established County M/WBE goals or shall demonstrate and document a Good Faith Effort to comply with the Dallas County Minodty and Women-Owned Business Enterprises in subcontractJsubconsultant awards. Unzicker, Schnurbusch &Associates, Inc. May 23, 1996 NAME OF COMPANY DATE SIGNATURE TITLE (Officer of Company) OR 3. LETTER OF ASSURANCE "B" The undersigned proposer hereby certifies that our firm will perform the entire contract with our own work forces, without the use of any subcontractors/subconsultants, and submit information sufficient for the County to determine it is within our demonstrated capabilities and that it is our normal business practice. NAME OF COMPANY DATE SIGNATURE TITLE (Officer of Company) NOTE: EACH PROPOSER WILL BE REQUIRED TO SIGN ONE OF THE ABOVE LETTERS OF ASSURANCE AND RETURN WITH THEIR PROPOSAL. G-6 4. MINORITY/WOMEN OWNERSHIP 5. MINORITY/FEMALE INVOLVEMENT OF MY FIRM 0 % OF MY FIRM IS MINORITY-OWNED. Approximately 30 % employees assigned to this project will be minoirites and approximately 0 % OF MY FIRM IS WOMAN-OWNED. 20 % will be female (Anglo Females ONLY). PUBLICLY-HELD CORPORATION. NON-PROFIT ORGANIZATION. 6. EQUAL EMPLOYMENT OPPORTUNITY (EE0) Submit in the space below a statement of Equal Employment Opportunity within your firm. Or, you may attach a copy of your firm's EEO Statement if one exists. It is our policy to provide equal employment opportunities without regard to race, color, creed, sex, age, handicap, religion, national origin, or marital status. This policy applies to all areas of employment including recruitment, hiring, training, development, promotion, transfer, termination, layoff, compensation, and all other conditions and privileges of employment in accordance with applicable federal, state, and local laws, with the basic dictates of human dignity. 7. MBE/WBE IDENTIFICATION · Minority Business Enterprise (MBE) - The offeror represents that it [,_] is, [ X ] is not a minority-owned business, *NORTH CENTRAL TEXAS REGIONAL CERTIFICATION # Women Business Enterprise (WBE) - The offeror represents that it [_] is, [ X ] is not a women-owned business, *NORTH CENTRAL TEXAS REGIONAL CERTIFICATION # * Dallas County accepts the Certification of MBE and WBE companies that have been approved by the North Central Texas Regional Certification Agency. Companies that do not have a North Central Texas Regional Certification MBE or WBE Certification Number are not recognized as minority or women-owned businesses by Dallas County. DATE: COMPANY NAME: Unzicker, Schnurbusch &Associates, Inc. DALLAS COUNTY ADDRESS: 8700 Stemmons Frwy., Ste400, Dallas, TX 75247 VENDOR STATISTICAL REPORT TELEPHONE: (214) 634-3300 Permanent Full-Time Employment MALE FEMALE NATIVE ASIAN- ASIAN- NATIVE ASIAN- ASIAN- WHITE BLACK HISPANIC AI'v'IERICAN PACIFIC INDIAN OTHER WHITE BLACK HISPANIC AMERICAN PACIFIC [ND[AN OTHER TOTAL OFFICIALS ANn 6 1 I 8 MANAGERS 4 4 PROFESSIONALS 11 1 1 1 I 15 TECHNICIANS SALES WORKERS OFFICE AND 1 1 CLERICAL CRAFT WORKERS (SKILLED) OPERATIVES (SEMI-SKILLED) LABORERS (UNSKILLED) SERVICE WORKERS 21 1 2 I 2 I 28 TOTAL FORMAL ON-THE-JOB TRAINEES: WHITE COLLAR PRODUCTION: __ Minority-Owned Firm Certification # Issued by NCTRCA · Sibmature ~ Women-Owned Firm Certification # Issued by NCTRCA Robert L. Pruett - Exe¢. Vice President Typed Name and Title X Non-Minority Owned Firm DESCRIPTION OF JOB CATEGORIES intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto Officials and Managers Occupations requiring mechanics, plumbers bricklayers, carpenters, electricians. administrative and managerial personnel who set broad machinists, mechanics, building trades, metalworking trades, policies, exercise overall responsibility for execution of these printing trades, etc.)., operatives, attendants (auto service and policies, and direct individual departments or special phases of parking), blasters, chauffeurs, delivery workers, sewers and a firm's operations. Includes: officials, executives, middle stitches, dryers, furnace workers, heaters, laundry and dry managers, and superintendents, salaried supervisors who are cleaning operatives, milliners, mine operatives and laborers, members of management, purchasing agents and buyers, motor operators, oilers and greasers (except auto), painters railroad conductors and yard masters, ship captains, mates (manufactured articles), photographic process workers, and other officers, farm operators and managers, and kindred stationary fire fighters, truck and tractor drivers, knitting, workers. Iooping, taping and weaving machine operators, welders and flamecutters, electrical and electronic equipment assemblers, Professionals Occupations requiring either collage butchers and meatcutters, inspectors, testers and graders, graduation or experience of such kind and amount as to provide handpackers and packages, and kindred workers. a comparable background. Includes: accountants and auditors, airplane pilots, and navigators, architects, artists, Laborers (unskilled) - Workers in manual occupations which chemists, designers, dieticians, editors, engineers, lawyers, generally require no special training, performs elementary librarians, mathematicians, natural scientists, ragistered duties that may be learned in a few days and requires the professional nurses, personnel and labor relations specialists, application of little or no independent judgement. Includes: physical scientists, physicians, social scientists, teachers, and garage laborers, car washers and greasers, groundskeepers kindred workers. and gardeners, farmworkers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling Technicians - Occupations requiring a combination of basic operations, and kindred workers. scientific knowledge and manual skill which can be obtained through two (2) years of post-high school education, such as is Service Workers - Workers in both protective and non- offered in many technical institutes and junior collages, or protective service occupations. Includes: attendants (hospital through equivalent on-the-job training. Includes: computer and other institutions, professional and personal service, programmers, drafters, engineering aides, junior engineers, including nurses aides, and ordedies), barbers, charworkers mathematical aides, licensed, practical or vocational nurses, and cleaners, cooks counter and fountain workers, elevator photographers, radio operators, scientific assistants, surveyors, operators, fire fighters and fire protection, guards, doorkeepers, technical illustrators, technicians (medical, dental, electronic, stewards, janitors, police officers and detective, porters, waiters physical science), and kindred workers. and waitresses, amusement and recreation facilities attendants, guides, users, public transportation attendants, and Sales - Occupations engaging wholly or primarily in direct kindred workers. selling. Includes: advertising agents and sales workers, insurance agents and brokers, real estate agents and brokers, On-the-Job Trainees: stock and bond sales workers, demonstrators, salesworkers and sales clerks, grocery clerks, and cashiers/checkers, and Production - Persons engaged in formal training for craft kindred workers. worker -- when no trained under apprentice programs - operative, laborer and ser~ce occupations. Office and Clerical - Includes all clerical type work ragardless of level of difficulty, where the activities are predominately non- White Collar - Persons engaged in formal training, for official, manual though some manual work not directly involved with managerial, professional, technical, sales, office and clerical altedng or transporting the products is included. Includes: occupations. bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer), shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers. Craft Workers (skilled) - Manual workers of relatively high skill lev~ having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary engineers, tailors and tailoresses, arts occupations, handpainters, coaters, bakers, decorating occupations, and kindred workers. Operatives (semiskilled) - Workers who operate machine or processing g equipment or perform other factory-type duties of Dallas County M/WBE Payment Report Proiect: Dallas County CMAQ Program - Project 10 General Contractor: Unzicker, Schnurbusch & Associates, Inc. Orig. Contract Amount: $135,800.00 Award Date: Revised Contract Amount: Work Order Date: Est./Invoice No.: 10 - Inv. # Date: Job No.: Subcontractor Estimated Participation Actual Participation ' Firm Name Subcontract % of Orig. Amount of Amount Paid % of Rev'd Cert. No. Amount Contract Invoice to Date Contract Lefiwich &Assoc. WFSD6557N1295 $30,900 22.75% The Oyekan Group USA BMSD4787N0895 $11,000 8.10% Tetra-Mar NMSD5646Y0396 $5,000 3.68% APPROVED FOR PAYMENT: PARTIAL: FINAL: Project Manager Department Head