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2002-261O IN CE NO. / AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HI)R ENGINEERING, INC. FOR THE ENGINEERING DESIGN OF THE US 377/FORT WORTH DRIVE RAILROAD BRIDGE REPLACEMENT AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (RFP 2860- PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN OF US 377 AWARDED TO I-DR ENGINEERING, INC. FOR A TOTAL AMOUNT OF $513,303). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with HDR Engineering Inc., to provide professional architectural and related services for the design of US 377/Fort Worth Drive Raikoad Bridge Replacement, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the qf ~/day of ~, 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBT~TY'-- 7jCITY ATTORNEY 2-ORD - PSA 2860 Engineering Design of US 377 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the [~'~ day of /~J~t>T- , 20 tgZ. , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and HDR Engineering, Inc., Firm, with its corporate office at 8404 Indian Hills Drive, Omaha, NE 68114-4049 (Corporate) and 512 Main Street, Suite 600, Fort Worth, TX 76102 (Local) hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below are in an attachment) RFP 2860 Engineering Design of US377 1 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 513,303. 2.1.2 Progress payments for Basic Services shall be paid in a lump sum percent complete for the total compensation indicated in Section 2.1.1. 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principal Project Manager Design Engineer Design Tech CAI)D/Drafter Clerical $190.00 per hour $155.00 per hour $109.00 per hour $87.00 per hour $81.00 per hour $65.00 per hour This compensation is based on a multiplier of 3.105 times the direct labor rote for each category as defined in the Basic Services. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a mulfxple of 1.00 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.00 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $27,954 without the prior written approval of the Owner. RFP 2860 Engineering Design of US377 2 .SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments A through _E. This Agreement is signed by the parties hereto effective as of the date fu'st above written. ATTEST: JENNER WALTERS.,, C~ SECRETARY ( / DESIGN FIRM RFP 2860 Engineering Design of US377 3 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those de- scribed in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.1.1 The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2. I. RFP 2860 Engineering Design of US377 4 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and rela- tionship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting foFth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. RFP 2860 Engineering Design of US377 5 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without [imitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth m the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE CONTRACT ADMINISTRATION OF THE CONSTRUCTION 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Constmction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the cor- rection, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. RFP 2860 Engineering Design of US377 6 2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional RFP 2860 Engineering Design of US377 7 has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reason- able promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of con- stmction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be RFP 2860 Engineering Design of US377 8 assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable prompmess and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When malting such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any fights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confn'med in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 am required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. RFP 2860 Engineering Design of US377 9 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change D'n~ctives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during constmction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public heating, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. RFP 2860 Engineering Design of US377 10 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or con- stmction prior to the completion of the Constmction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction per- formed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.11 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.12 Providing interior design and similar services required for or in connection with the selection, procurement or installation of fumiture, furnishings and related equipment. RFP 2860 Engineering Design of US377 11 3.4.13 Providing services other than as provided in Seclion 2.6.4, after issuance to the Owner of the final Certificate for Payment and exphation of the Warranty period of the Contract for Constmction. 3.4.14 Providing services of consultants for other than architectural, civil, stmctural, mechanical and electrical engineering poaions of the Project provided as a part of Basic Services. 3.4.15 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.16 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.17 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this A~ticle 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensalion due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, in- cluding space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, RFP 2860 Engineering Design of US377 12 alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geoteehnical engineers when such services are requested by the Design Professional. Such services may include but am not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and am not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. RFP 2860 Engineering Design of US377 13 ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all clements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at cun~nt market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Pro- ject budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bid- ding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fLxed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. RFP 2860 Engineering Design of US377 14 ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regnlatoty requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. RFP 2860 Engineering Design of US377 15 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of temaination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rotes. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. RFP 2860 Engineering Design of US377 16 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such poffions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Ceffificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. RFP 2860 Engineering Design of US377 17 ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall fumish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article i0 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement RFP 2860 Engineering Design of US377 18 may be amended only by written instmment signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: i. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective paxties by depositing same in the United States mall to the address shown below signature block on the Agreement, certified mall, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. RFP 2860 Engineering Design of US377 19 11.9 The Design Professional shall comply with all federal, state, and local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. RFP 2860 Engineering Design of US377 20 ATTACHMENT A CITY OF DENTON In Cooperation with TEXAS DEPARTMENT OF TRANSPORTATION DAI J.AS DISTRICT US 377 (FORT WORTH DRIVE) UPRR UNDERPASS DENTON COUNTY CS J: 0081-04-025 SERVICES TO BE PROVIDED BY THE CITY ROUTE AND DESIGN STUDIES (Function Code 110) A. Traffic Evaluations and Projections B. Attend Design Concept Conference. FIELD SURVEYING (Function Code 150) A. All survey topographical information collected to date including: · On-site baseline and vertical control. · Mapping data created from field topography along UPRR and Fort Worth Drive in the form of a DGN File (MicroStation J or V8). · Mapping shall comply with level symbology as provided within this document. B. Two (2) permanent benchmarks for the project. C. A digital terrain model that encompasses the entire project, including adjacent features/facilities that could potentially be impacted by the proposed improvements, in a format that is compatible with the design software GEOPAK. PROJECT MANAGEMENT (Function Code 190) A. Review and Approve Project Design Criteria. B. Provide Copies of As-Built Plans, as available. Page 1 of 3 Attachment A LEVEL SYMBOLOGY (Base Mapping) feature ~ge of pavement - asphalt 3 0 3 feature ~ge of ~vement - gravel 2 0 3 feature :op of cu~ (back of cu~) 3 0 1 feature uffer flo~ine (face of cu~-integral or ~er line-Type II) 3 0 1 feature ~idewalk, bike path, steps, ramp 4 0 2 f~ture railroad (top of rail) 4 0 2 feature driveway - ~ncrete 1 0 2 feature d~eway- other VAR 0 2 CO 2 = gravel, CO 3 = asphalt te~ paving items 0 0 1 feature bridge (abu~en~, ~ge of slab, e~.) 6 0 1 feature sign, bill.rd 6 0 1 feature mail~x 6 0 1 f~ture ~ing meter 6 0 1 feature ;ence VAR 0 I CO 1 = chain link, CO 2 = w~, ~O 3 = ba~ wire feature 3uilding, house 6 0 1 feature :rea, bush 2 0 1 ~ge of water (lake, ~nd, foun~in, f~ture )tc.) 7 0 1 f..tu~, gu.~a, s 0 1 feature re~ining wall VAR 0 I CO 1 = ~ncrete, CO 2 = brick, CO 3 = other feature water line conduit 7 0 1 feature water line f~tures (hydrants, valves, metem, e~.) 7 0 1 te~ ~ter line 7 0 1 feature sewer line conduit 6 0 1 ~ewer line features (manholes, feature 31eanouts, sewices, etc.) 6 0 1 te~ ~ewer line 6 0 1 feature )veXed el~fic ~nduit 4 0 1 feature Jnderground el~tric ~ndu~ 4 2 1 OH & UG electric f~tures (~wer feature ~les, guys, etc,) 4 0 1 te~ OH & UG el~ric 4 0 1 feature gas line conduit 2 0 1 gas line f~tures (manholes, se~ices te~ ~as line 2 0 I Page 2 of 3 Attachment A feature cable line features (vault. manholes, 4 0 1 te~ ~ble line 4 0 1 f~ture traffic signal conduit 6 I 3 traffic signal ,es~ms ,~los, pull feature ~xes, vault, etc.) 6 0 1 te~ traffic signal 6 0 1 feature lighting conduE 6 0 1 feature 6 0 1 ~ntml box. etc.) te~ righting 6 0 1 feature sto~ sewer- drainage pipe 5 0 1 feature s~ sewer - pipe/driveway culve~ 5 0 1 f~ture manholes, vault, etc.) 5 0 1 te~ sto~ sewer - te~ 5 0 1 feature s~ sewer- other 5 0 1 te~ ~lnt info~ation, suwey notes, etc. O 0 1 ~ints ~vement ~ints 1 0 1 te~ ~vement elevations 1 0 1 poin~ ~il~ ~in~ 0 0 1 te~ ~ili~ elevations 2 0 1 te~ Jtil~ descriptions 4 0 1 ~in~ ~mpe~/ROW ~in~ 0 0 1 te~ ~mpe~/ROW elevations 2 0 1 te~ ~rope~/ROW descriptions 4 0 1 ~ints sudace f~ture ~ints 0 0 1 te~ ~udace feature descriptions 4 0 1 te~ .Iscellan~us te~ 0 0 I Page 3 of 3 Attachment A ATFACHMENT B CITY OF DENTON In Cooperation with TEXAS DEPARTMENT OF TRANSPORTATION DA1.1 .AS DISTRICT US 377 (FORT WORTH DRIVE) UPRR UNDERPASS DENTON COUNTY CS J: 00081-04-025 SERVICES TO BE PROVIDED BY THE ENGINEER GENERAL PROJECT OVERVIEW The work to be performed by the ENGINEER under this contract shall consist of providing engineering services for a letter report, alternate conceptual bridge sketches, preliminary roadway design, and constmctibility review, environmental document preparation and PS&E (Rail and Rail Structure Only) for the US 377 UPRR Underpass. The ENGINEER will also provide coordination with Union Pacific Railroad (UPRR) to arrive at a preferred alternative that meets the needs of the City of Denton (CITY), TxDOT (STATE) and is agreeable to UPRR. The ENGINEER will employ a computer graphics system that will provide Microstation format graphic files compatible with the current version of Microstation software used by the CITY and/or STATE. At completion of project, files will be converted to AutoCAD 14 (straight Microstation conversion with no cleanup) and transmitted to CITY in both formats. All coordinate geometry will be based on and tied into the CITY's and/or STATE's coordinate system. The ENGINEER shall collect, review, and evaluate available existing data pertaining to the above project and prepare the preliminary designs in accordance with the requirements and policies of the STATE. The ENGINEER will provide all services listed in Attachment "B". The CITY and/or STATE will provide all services identified in Attachment "A. The CITY and/or STATE will be the principal contact for public/private inquiries regarding the project. Contract Constraints and Conditions The project will be developed in English units of US survey feet. Page 1 of 15 Attachment B The ENGINEER will be required to meet with the designated CITY and/or STATE representatives on a regularly scheduled basis to report on progress. A typewritten progress report will be required, together with evidence of the work accomplished during the period since the previous report. Formal progress reports with bar charts will be required on a monthly basis. PS&E shall be prepared in accordance with the applicable requirements of STATE and UPRR Specifications, Standards, and manuals (updated for revisions). Whenever possible, the Department's standard drawings, standard specifications, or previously approved special provisions and/or special specifications will be used. If a special provision and/or special specification must be developed for this project, it shall be in the Departmental format and, to the extent possible, incorporate references to approved Department test procedures. Any design exceptions to STATE standards shall be requested in writing by the ENGINEER for CITY and/or STATE approval. The engineering work on this project will be performed and may be inspected by the CITY and/or STATE in the offices of the ENGINEER, except for the fieldwork, which shall be performed on-site. Deliverable Items Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: 1. Copies of proposed alternative layout sketches as required for review. Provide the CITY and/or STATE with preliminary cost estimates for all proposed alternatives and for the preferred alternative. For the 90% submittal, the ENGINEER will submit three (3) copies of the letter report outlining the alternatives and the selected alternate to be design in PS&E portion of this contract. After CITY's review of the 90% submittal is complete and the ENGINEER is notified of their findings, the ENGINEER will be required to correct and/or clarify matters noted during the review process and submit the final report back to CITY and/or STATE. Engineering and surveying services shall also include the tasks more specifically described in the following TASK OUTLINE. Page 2 of 15 Attachment B US 377 UPRR UNDERPASS PRELIMINARY CONCEPTS ROUTE AND DESIGN STUDIES (Function Code 110) TASK OUTLINE Attend project Kickoff Meeting held at CITY's Municipal Office and an additional 2 meetings with CITY, STATE and/or UPRR personnel. Collect and review project information including: 1. As-built plans. 2. Traffic data. 3. Existing Union Pacific Railroad operational information. Prepare preliminary design. 1. Develop roadway design criteria. 2. Develop general design criteria for determining feasibility of alternatives. 3. Prepare preliminary roadway plan & profile sheets of the preferred alternative for the subject roadway segment. 4. All geometric design shall be in conformance with the design guides and manuals referenced in APPENDIX C. The ENGINEER will establish a digital terrain and roadway geometry model with the Bently MicroStation enhancement known as GEOPAK. 5. Create special design criteria files for the GEOPAK roadway geometry model as required. 6. Profile shall match the existing roadway at lxansition areas deemed necessary by the ENGINEER to accommodate drainage design, bridge clearances, superelevation transitions, design speeds, intersection streets, driveways or any other clearance considerations. 7. Develop bridge design criteria for preferred alternative. 8. Evaluate impacts to adjacent property owners for preferred alternative. 9. Conceptual traffic control plan for preferred alternative. Prepare preliminary Traffic Control Plan, detour layouts, and Sequence of Construction. The sequence of Page 3 of 15 Attachment B 10. 11. construction and method of handling traffic during each phase. Determine preliminary limits of construction. The ENGINEER anticipates the roadway design requirements will not vary between the alternatives. 12. Develop alternate design and construction schemes for the replacement of the existing US 377 UPRR Underpass. The alternatives shall include: a. Permanent Realignment of Railroad Track to the East of the Existing Structure. b. Permanent Realignment of Railroad Track to the West of the Existing Structure. c. Construct a Shoo-Fly with Temporary Bridge to the West. d. Construct a Shoo-Fly to the West Using the Existing Superstructure for the Bridge Structure. e. Construct a Shoo-Fly to the West Using the Proposed Superstructure for the Bridge Structure and then using Roll-In Technology for Final Placement. f. Replacement of the Existing Structure using Top Down Construction. g. Convert the Intersection of US 377 and UPRR from an Underpass to an Overpass. h. Up to two (2) additional alternatives may be investigated 13. Perform a preliminary superstructure design to establish the constmctability of the replacement superstructure alternatives. 14. Coordinate with CITY and/or STATE and UPRR in an effort to arrive at a preferred alternative that meets the needs of CITY and/or STATE and is agreeable to Union Pacific Railroad. 15. Prepare Design Summary Report (DSR) for the preferred alternative. C. Verification of horizontal and vertical alignment of existing UPRR mainline and siding through project area. D. Determine Preferred STATE District Details to be used. E. Determine Preferred STATE District Standards to be used. F. Prepare Project Guide SOCIAL & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) Project Coordination: This task includes communication with the project ENGINEER team as well as considerable informal communication with personnel of the Dallas District, the STATE Environmental Affairs Division and resource agencies, as necessary. It also includes attendance at up to (1) coordination meeting by the ENGINEER team with Page 4 of 15 Attachment B STATE personnel. All correspondence with resource agencies will be preserved for inclusion in the Categorical Exclusion (CE) document; telephone or in person discussions with agency officials will be logged as part of the project file. Field Surveys (Including Field Prep.): This task provides for The ENGINEER team to perform site surveys to identify potential environmental constraints including land use, socioeconomic issues, wetlands and other waters of the U.S., recreational issues (Section 411]), industrial waste issues, ecological resources, and cultural resources. Environmental Resoume Data Collection and Mapping: The ENGINEER team will perform the necessary background and field reconnaissance to gather data necessary for completion of a CE. The proposed CE will follow the format and content of other CE's recently completed by the STATE. This information will be graphically depicted and characterized with respect to location, termini, costs, concept, status, extent of required land acquisition, etc. Impact Summary: A summary of project impacts will be prepared for pertinent disciplines. This scope assumes that no significant impacts will occur. Any resource category requiring a determination of significance will require an additional scope and budget. This scope assumes 'that no new right-of-way will be required, no relocations will be necessary, adjacent land use and access to adjacent communities and businesses should not be impacted by construction or operation of the proposed improvements. No capacity will be added to the roadway. It is also based on the list of assumptions contained herein. Prepare Categorical Exclusion: The Categorical Exclusion document will comply in all respects with the National Environmental Policy Act and the guidelines of the STATE and FI-BVA for preparing environmental documents. The analysis will address the adverse and beneficial impacts of project construction and operation. Submit Draft Categorical Exclusion to STATE - Dallas District: The Draft CE will be submitted to STATE - Dallas District and by them to STATE - Environmental Affairs for their review and comments; STATE - Environmental Affairs will then cimulate copies of the draft to the appropriate regulatory agencies for their review. Prepare and Submit Final Categorical Exclusion: After receiving comments on the draft CE from the STATE and the appropriate regulatory review agencies, the ENGINEER team will make the necessary revisions and will produce a final CE for submittal by the STATE to the Federal Highway Administration (FHWA) for CE approval. Wetlands: The ENGINEER team will conduct a wetland delineation of project site. This scope is based on the assumption that the project will have some wetland impacts but will still be suitable for a nationwide 404 permit. In addition, a "Wetlands Finding" will be provided in accordance with Executive Order 11990 and FHWA policy. I. Natural Resources and Threatened and Endangered Species: A description of the natural Page 5 of 15 Attachment B resoumes and a list of threatened and endangered species of potential occurrence will be developed and an assessment of habitat values will be provided. This scope does not include any field surveys for threatened or endangered species. Conduct an electronic search of potential hazardous materials sites followed by reconnaissance-level field investigations to verify the location of potential sites and collect additional preliminary information. Full Phase I Environmental Site Assessments that may be required are not included under this scope of work. The information will be incorporated into the CE, along with a discussion of potential impacts, based on the best available information. Assist the STATE with a meeting with affected property owners. Prepare exhibits for the meeting and prepare a meeting summary memorandum. The ENGINEER team will attend up to one (1) meeting. Assumptions: All investigations will be conducted based on existing literature and mapped data, aerial photographic interpretation, interactions with local and regional experts, and field reconnaissance. Unless it becomes necessary for a specific site, no private property will be accessed to perform detailed environmental investigations for any resource category. If private property access is required, the ENGINEER team will be responsible for obtaining landowner permission. o This proposed project involves the evaluation of design options for replacing the existing bridge on US 377 UPRR Underpass in Denton County to meet current design standards. ° The ENGINEER team assumes an Environmental Assessment that anticipates the issuance of a Categorical Exclusion will fulfill the NEPA requirements for the proposed improvements to US 377 (as opposed to an Environmental Assessment that leads to a Finding of No Significant Impact). The following tasks are no.~t covered in this scope of work and may or may not be necessary. If necessary, these tasks would be conducted under additional scopes and budgets. a. Threatened and Endangered Species Surveys b. Air quality and Traffic Noise analysis c. Traffic Noise Mitigation Analysis d. Wetland Delineation beyond stream transects and isolated wetlands, wetland permitting requiring coordination with the Corps of Engineers and/or Full Mitigation Planning e. Phase I Site Assessment f. DOT Section 4(f) Statement g. Full Unregulated Habitat Mitigation Planning (TxDOT-TPWD MOU) Page 6 of 15 Attachment B h. Surveys and documentation for cultural resoumes including photo documentation of historic structures. i. Any surveys and documentation for cultural resources required for coordination with the Texas Historic Commission j. Any alternative that is on new location requiring new right of way k. Any technical studies required as a result of modifications in project design alignment, or alternatives submitted after submittal of the draft CE will also require an additional scope of work and budget. o The ENGINEER team assumes that requisite engineering information (costs, project layout, traffic data, etc) will be provided by the ENGINEER team and/or the CITY and/or STATE in a timely manner. The draft CE will be submitted to the CITY and/or STATE not less than 30 days and not more than 60 days after final engineering information is available, including schematics, for all alternative alignments or design options to be addressed in the CE. ROW AND UTILITY ADJUSTMENT (Function Code 130) A. Utility Investigation The ENGINEER will design the project to minimize utility conflicts and adjustments where possible. Furnish a notice to the utility companies with a layout of the project in order for the utility companies to identify and locate their utilities on the utility layout. After the CITY and/or STATE approve the utility adjustment plans, the plans will be forwarded to the ENGINEER for their records. Place the location of existing and proposed utility adjustments on plan and profile sheets of the construction plans. Lead the coordination with affected utility companies. The ENGINEER shall send plan sheets with a list of utilities affected to the CITY and/or STATE. B. Right-of-Way Not included within this scope of work. If ROW work is required, a supplemental agreement will be developed to address. Co Determine an effective right of way for this project. ROW mapping and all supporting documents (filed notes, parcel sketching, whole property sketches, and closure reports) will be developed as a supplemental, if required after completion of design. Page 7 of 15 Attachment B D. Develop a utility block maps from utilities affected by the project. FIELD SURVEYING (Function Code 150) Not included within this scope of work. If FI~J D SURVEYING work is required, a supplemental agreement will be developed to address. ROADWAY DESIGN (Function Code 160) Not included within this scope of work. If ROADWAY DESIGN work is required, a supplemental agreement will be developed to address. MISCELLANOUS DESIGN (Function Code 163) A. Conceptual Ralkoad Grading and Track Design Digital Terrain Model: From information in the design survey to be provided by the CITY, a digital terrain model will be developed in GEOPAK and/or InRoads design software. This digital terrain model is critical to development of all horizontal and vertical alignments and quantity calculations. Track Alignment Design: GEOPAK and/or InRoads design software will be used to create an existing vertical and horizontal track alignment from survey data provided by the City. The proposed track top-of-rail (T/R) profile will match the existing T/R profile. The proposed horizontal alignment will meet UPRR design criteria as outlined in the UPRR Engineering Track Standards. The shoo-fly will be offset a maximum of 100' from the existing track through the area of the bridge construction. Track design parameters unique to this project will incorporate data from the UPRR Timetable and Condensed Profiles. Any necessary variances from UPRR standard design will be approved through UPRR's project representative. Typical Fill Section and Embankment Design: The UPRR Engineering Track Standards will be followed for selecting a typical track section. A criteria file and/or template will be created for the typical section. UPRR requires a roadbed top width that varies with track superelevation. For the conceptual design only the standard 30' top width will be modeled. The variable top width will be modeled during final design. Cross sections will be generated at 100' intervals using the existing ground digital terrain model developed. 4. Plan and Profile Plot: Page 8 of 15 Attachment B A 1"=100' plan and profile scroll plot with top of rail elevations will be created for a conceptual design meeting in Denton. The plot will include the existing topographic features, existing railroad signal lines and bungalows, existing track alignment, proposed track alignment, proposed track embankment grading limits, proposed roadway location, proposed bridge location and approximate UPRR right-of-way limits. This plot will also be submitted to the UPRR in Omaha, NE (Corporate Headquarters) for approval of the temporary shoo-fly conceptual design. Typical Cross Sections: Typical embankment cross-sections and preliminary drainage concepts will be prepared for the conceptual design meeting in Denton. These will also be submitted to the UPRR for approval of the temporary shoo-fly conceptual design. Quality Control: Independent QC reviews of the conceptual track and embankment design will be performed by senior HDR railroad staff. B. Final Railroad Grading and Track Design Track Alignment Design: GEOPAK and/or InRoads design software will be used to create final vertical and horizontal shoo-fly track geometrics. The alignment will be based on the preliminary track design that was accepted by UPRR during conceptual design. The design will meet criteria as outlined in the UPRR Engineering Track Standards. Typical Fill Section and Embankment Design: The UPRR Engineering Track Standards will be followed for selecting typical track sections. Criteria files and/or templates will be created for the typical sections. UPRR requires a roadbed top width that varies with track superelevation. The variable top width will be included in the final design. Cross sections will be generated at 100' intervals using the final design templates and the existing ground digital terrain model developed within the conceptual design phase. Temporary Shoo-fly Embankment Drainage: Toe of slope ditches and temporary culverts required to provide positive drainage for the shoo-fly embankment and required to meet the UPRR drainage design criteria will be included in the grading design. This design task will be basic in nature and will be limited to the minimum effort necessary to address local drainage conditions. Erosion control issues and erosion control plan requirements will be addressed by others. Any other drainage pen'nit issues will also be addressed by others. Specifications: Specifications and Special Conditions required for railroad track construction will be provided. UPRR Standard Track Construction Specifications will be used as a template and modified as required for this project. Grading Specifications will be Page 9 of 15 Attachment B developed in accordance with STATE standard practice. HDR will review the grading specifications to check for UPRR acceptability. Coordination with UPRR: Submittals to the UPRR will be required at the preliminary concept stage, at 60%, 90%, and 100% complete. Deliverables: I-IDR will provide drawings for the preliminary concept, 60%, 90% and 100% review submittals. Quantity and opinion of probable construction cost will be provided for the 60% and 90% submittals. Quality Control: Independent QC reviews of the final track and grading design will be performed by senior HDR railroad staff. BRIDGE DESIGN (Function Code 170) A. Railroad Bridge Design 1. Assumptions: It is assumed that provisions for double mainline tracks will be necessary. This will be accomplished via separate superstructures for each track, with a pedestrian walkway placed between the structures. Steel railings will be provided along the outer edges of the twin superstructures. Alternatively, a single-track superstructure will be provided with extended abutments and foundations for interior bent extensions for use in constructing a superstructure at a later date when the UPRR installs a second track. The final concept will have to be negotiated with the UPRR. The design of a separate maintenance road structure is not included with this scope of services. The design of US 377 Roadway is not included with this scope of services. Coordination will be necessary with CITY and/or STATE for the design of US 377 for setting horizontal and vertical geometrics. STATE Standard Specifications for Construction of Highways, Streets and Bridges will be utilized as the construction specifications along with any special specifications required by the UPRR. AREMA specifications will be utilized for the design of the railroad bridge. 2. Geotechnical Services: Page I0 of 15 Attachment B The Geotechnical Field Exploration will consist of the following: Drill 3 borings to a depth of approximately 75 feet each, 1 exploratory boring at each bridge abutment and 1 boring located at the center support bent of the proposed bridge Obtain relatively undisturbed thin-wailed tube samples, standard penetration test samples, and NX~size core samples as appropriate for the soils and/or rock encountered Observe for groundwater seepage during drilling and record level Backfill boreholes with cuttings upon completion. To determine the characteristics of the soil conditions in the project location, selected laboratory testing will be conducted on samples that are considered to be reasonably representative of the materials obtained from the field exploration. The tests will evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. The tests will include: Atterberg limits (liquid and plastic limits, 9 tests maximum) Percent passing no. 200 sieve (9 tests maximum) Unit dry weight and moisture content (30 tests maximum) One-dimensional consolidation (2 tests maximum) Unconfined compressive strength on soil/rock (20 tests maximum) An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided is as follows: Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information Summary of laboratory test results A discussion of subsurface soil and groundwater conditions Estimates of soil movement Recommendations for foundation type, depth, and allowable loading Earthwork recommendations for the proposed embankments Four copies of the bound report Page 11 of 15 Attachment B 3. Bridge Design Criteria: An AREMA Cooper E-80 live load will be utilized for the design of the structure. Minimum ballast depth shall be 12 inches below the bottom of concrete ties or 8 inches below the bottom of timber ties, but provisions shall be made in the dead loads for a maximum ballast depth of 30 inches. Minimum vertical clearance to US 377 below shall be 17'-6" from current roadway elevation unless a sacrificial impact beam is located adjacent to the structure on each side. 4. Coordination with UPRR: Submittals to the UPRR will be required at the preliminary concept stage, at 60%, 90%, and 100% complete. Submittal of the final bridge design calculations will also be required. 5. Deliverables: HDR will provide drawings for the preliminary concept, 60%, 90% and 100% review submittals. Quantity and opinion of probable construction cost will be provided for the 60% and 90% submittals. 6. Quality Control: Engineering staff members will check design calculations and the drawings will undergo QC reviews by senior HDR railroad staff. PROJECT MANAGEMENT (Function Code 190) The ENGINEER, in coordination with the CITY Contract Manager (hereinafter referred to as Contract Manager), will be responsible for directing and coordinating all activities associated with the US 377 (Fort Worth Drive) @ UPRR Project (hereinafter referred to as Project). Design Concept Conference Discuss development of design criteria, typical cross section and general process discussion. Deliverables · One copy of Design Report (DSR) 2. Scheduling Page 12 of 15 Attachment B o The ENGINEER will develop a detailed, graphic project schedule (in Microsoft Project format) indicating tasks, subtasks, critical dates, milestone events, deliverables, information requested from external agencies and the CITY and/or STATE review requirements. The project schedule will be in a format that depicts the order and interdependence of the various tasks, subtasks, milestones, and deliverables for each task identified herein. Progress will be reviewed monthly and, should these reviews indicate a substantial change in progress, the schedule will then be revised subject to the approval of the Contract Manager. Project Meetings Monthly project status meetings will be held with the CITY and/or STATE to discuss project issues that arise. The ENGINEER will document all meetings and forward copies of meeting minutes to the Contract Manager. The ENGINEER will inform the CITY in advance of any changes to the set schedule, including anticipated delays for CITY's approval to revise the Project Schedule. Progress Reports, Invoices and Billings The ENGINEER will review the schedule and prepare monthly progress reports for review by the Contract Manager. Invoices for ail work completed during the period will be submitted monthly for the ENGINEER and all sub-consultants. Monthly progress reports will include: (a) Activities during the reporting period (b) Activities planned for the following month (c) Problems encountered and actions to remedy them (d) Overall status, including a tabulation of percentage completed by task. Deliverables · Monthly Schedule and Progress Reports (one [1] printed copy of each with invoice). · Monthly invoices, including tabulation of percentage complete by task. Project Guide A project management plan will be prepared to identify project organization and responsibilities, coordination and communication procedures, project team meetings, document format, report format, technical memorandum format, graphic production standards, and other important operational information pertaining to the ENGINEER/STATE team activities. Deliverables · One copy of Project Guide Sub-Consuitant Coordination The development and maintenance of effective communication among the Project team, the City and/or STATE and other entities will be one of the key factors in achieving the successful completion of the Project. The ENGINEER will oversee Page 13 of 15 Attachment B the preparation of all documents and manage all activities as follows: (a) Project Coordination. All correspondence and coordination will be handled through and with the concurrence of the Contract Manager. (b) Lines of Communication. Communications between the ENGINEER and The will be through the Contract Manager unless otherwise directed in writing by the Contract Manager. The ENGINEER shail designate one Texas Registered Professionai ENGINEER to be the Project Manager and be responsible throughout the Project for management and ail communications, including billing, with the Contract Manager. The CITY must approve any replacements of the ENGINEER's designated Project Manager. (c) Project Administration - The ENGINEER will manage ail project activities, including scheduled and unscheduled meetings, project direction of team and staff, correspondence with and response to the CITY and/or STATE which would include assistance to the CITY and/or STATE in the preparation of responses to inquiries. (d) Correspondence. The ENGINEER will submit ail written materiais, letters, survey forms, etc. used to solicit information or collect data for the project to the Contract Manager, or designee, for review and acceptance before its use or distribution. Word processing will be prepared using Microsoft Office 2000 Professionai Office Version or compatible Microsoft Word version 7.0 format. Diskettes will be IBM compatible. (f) Communication with other agencies. Communications with other agencies regarding this project will be handled solely by the CITY to ensure ail parties are properly notified of any conclusions reached from these communications. (g) Release of Information. The release of any project related information will be approved by the Contract Manager. (h) Document Printing and Distribution. The ENGINEER will be responsible for development of electronic document files and for printing copies of all draft and finai documents, reports, etc. produced for the project except where defined by each specific Task. The CITY will be responsible for the distribution of ail draft and final documents to appropriate agencies and the public. Close-Out Upon completion, the ENGINEER will submit all electronic files to the CITY and/or STATE. Copies of the transmitted materials will be retained by the ENGINEER for two (2) years after delivery of originais/diskettes to the CITY and/or STATE. CONSTRUCTION MANAGEMENT (Function Code 310) The ENGINEER, in coordination with the CITY Contract Manager, will be responsible Page 14 of 15 Attachment B for observing all construction activities associated with the US 377 (Fort Worth Drive) @ UPRR Project. 1. For this Function Code an assumption of one (1) man day/week for duration of one (1) year was included within the scope of work. 2. During Construction, an assumption of one (1) construction status meeting per month for the duration of the construction will be conducted. Project Manager and Construction personnel will attend. Page 15 of 15 Attachment B d '1 ATFACHMENT E CITY OF DENTON In Cooperation with TEXAS DEPARTMENT OF TRANSPORTATION DAI J.AS DISTRICT US 377 (FORT WORTH DRIVE) UPRR UNDERPASS DENTON COUNTY CSJ: 0081-04-025 RATES OF ADD. SERVICES TO BE PROVIDED BY THE ENGINEER, If Required. Ben Dyess & Associates Market Research, Property Inspection, & Preparation of Appraisals $125.00 per hour Commissioners' Hearings, Depositions, Pre-Trial Conferences, and Trial Testimony $150.00 per hour LopezGarcia Group 2-Man Field Party $85.17 3-Man Field Party $110.95 4-Man Field Party $136.74 Registered Professional Land Surveyor $103.83 Survey Technician $56.50 Secretary $47.99 Abstractor $56.50 GPS Services $35.00 Mileage $0.325 per hour per hour per hour per hour per hour per hour per hour per hour/per unit per mile Page I of 1 Misc. Attachment