Unit Cost, Lump Sum, or Specified Rate Specific Deliverable with Work Authorizations
THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the State of Texas acting by and through the Texas Department of Transportation, 125 E. 11th St., Austin, Texas 78701, hereinafter called "State," and CP&Y, Inc., having its principal business address at 1820 Regal Row, Suite 200, Dallas, Texas 75235, hereinafter called "Engineer," for the purpose of contracting for engineering services.
WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and
WHEREAS, 43 Texas Administrative Code §9.30 et seq. establishes the Texas Department of Transportation's policies and procedures for contracting for engineering services; and,
WHEREAS, the State desires to contract for engineering services generally described as providing engineering services required for the preparation of plans, specifications and estimates (PS&E) and related documents, for the project along IH-35 from FM 1103 to the Comal/Hays County Line in Comal County Texas, San Antonio District (15); and,
WHEREAS, the State has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, the State and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows.
ARTICLE 1. SCOPE OF SERVICES. The State and the Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment B, Services to be Provided by the State and Attachment C, Services to be Provided by the Engineer. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers.
ARTICLE 2. CONTRACT PERIOD. This contract becomes effective when fully executed by all parties hereto and it shall terminate at the close of business on April 19, 2022 unless the contract period is: (1) modified by written supplemental agreement prior to the date of termination as set forth in Attachment A, General Provisions, Article 6, Supplemental Agreements; (2) extended due to a work suspension as provided for in Attachment A, Article 3, Paragraph C; or (3) otherwise terminated in accordance with Attachment A, General Provisions, Article 15, Termination. Any work performed or cost incurred before or after the contract period shall be ineligible for reimbursement.
ARTICLE 3. COMPENSATION.
A. Maximum Amount Payable. The maximum amount payable under this contract without modification is shown in Attachment E, Fee Schedule. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.
B. Basis of Payment. The basis of payment is identified in Attachment E, Fee Schedule. Reimbursement of costs incurred under a work authorization shall be in accordance with Attachment E, Fee Schedule.
C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment.
D. Engineer Payment of Subproviders. No later than ten (10) days after receiving payment from the State, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The State may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The State may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts.
ARTICLE 4. PAYMENT REQUIREMENTS
A. Monthly Billing Statements. The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the State. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred.
B. Billing Statement. The billing statement shall show the work authorization number for each work authorization included in the billing, the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement for each work authorization. The billing statement shall indicate if the work has been completed or if the billing is for partial completion of the work. The fixed fee will be paid in proportion to the percentage of work completed per work authorization.
C. Overhead Rates. The Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period.
D. Thirty Day Payments. Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the State shall make a good faith effort to pay the amount which is due and payable within thirty
E. Withholding Payments. The State reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) If a dispute over the work or costs thereof is not resolved within a thirty day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or (5) the State Comptroller of Public Accounts will not issue a warrant to the Engineer. In the event that payment is withheld, the State shall notify the Engineer and give a remedy that would allow the State to release the payment.
F. Required Reports.
(1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements.
(2) Prior to contract closeout, the Engineer shall submit a Final Report (Exhibit H-4) to the address set forth in Attachment H.
(3) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the State to document the progress of the work.
G. Subproviders and Suppliers List. Pursuant to requirements of 43 Texas Administrative Code §9.350 et seq., the Engineer must provide the State a list (Exhibit H-5/DBE or Exhibit H-6/HUB) of all Subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders and suppliers names, addresses, telephone numbers, and type of work desired.
H. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant or initiating an electronic funds transfer to the Engineer because of a debt owed to the State, the State shall apply all payment due the Engineer to the debt or delinquent tax until the debt or delinquent tax is paid in full.
I. Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 5. WORK AUTHORIZATIONS. The State will issue work authorizations using the form included in Attachment D (Work Authorizations and Supplemental Work Authorizations) to authorize all work under this contract. The Engineer must sign and return a work authorization within seven (7) working days after receipt. Refusal to accept a work authorization may be grounds for termination of the contract. The State shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly associated with or prior to the execution of a work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A, General Provisions, Article 1.
ARTICLE 6. SIGNATORY WARRANTY. The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the State to enter into this contract.
ARTICLE 7. All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses:
Project Manager CP&Y, Inc.
13809 Research Blvd, Suite 300
Austin, Texas 78751
Director, Professional Engineering Procurement Services
Texas Department of Transportation 125 E. 11th Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.
ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments A through H are attached hereto and incorporated into this contract as if fully set forth herein.
IN WITNESS WHEREOF, the State and the Engineer have executed this contract in duplicate.
A. Use. The Engineer shall not begin any work until the State and the Engineer have signed a work authorization. Costs incurred by the Engineer before a work authorization is fully executed or after the completion date specified in the work authorization are not eligible for reimbursement. All work must be completed on or before the completion date specified in the work authorization, and no work authorization completion date shall extend beyond the contract period set forth in Article 2 of the contract (Contract Period).
B. Contents. Each work authorization will include: (1) types of services to be performed; (2) a period of performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a work schedule with milestones; (5) a cost not to exceed amount, (6) the basis of payment whether cost plus fixed fee, unit cost, lump sum, or specified rate; and (7) a work authorization budget calculated using fees set forth in Attachment E, Fee Schedule. The Engineer is not to include additional contract terms and conditions in the work authorization. In the event of any conflicting terms and conditions between the work authorization and the contract, the terms and conditions of the contract shall prevail and govern the work and costs incurred.
C. Work Authorization Budget. A work authorization budget shall set forth in detail (1) the computation of the estimated cost of the work as described in the work authorization, (2) the estimated time (hours/days) required to complete the work at the hourly rates established in Attachment E, Fee Schedule; (3) a work plan that includes a list of the work to be performed, (4) a stated maximum number of calendar days to complete the work, and (5) a cost-not-to-exceed-amount or unit or lump sum cost and the total cost or price of the work authorization. The State will not pay items of cost that are not included in or rates that exceed those approved in Attachment E.
D. No Guaranteed Work. Work authorizations are issued at the discretion of the State. While it is the State's intent to issue work authorizations hereunder, the Engineer shall have no cause of action conditioned upon the lack or number of work authorizations issued.
E. Incorporation into Contract. Each work authorization shall be signed by both parties and become a part of the contract. No work authorization will waive the State's or the Engineer's responsibilities and obligations established in this contract. The Engineer shall promptly notify the State of any event that will affect completion of the work authorization.
F. Supplemental Work Authorizations. Before additional work may be performed or additional costs incurred, a change in a work authorization shall be enacted by a written supplemental work authorization in the form identified and attached hereto as Attachment D. Both parties must execute a supplemental work authorization within the period of performance specified in the work authorization. The State shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance or prior to the execution of the work authorization. The Engineer shall allow adequate time for review and approval of the supplemental work authorization by the State prior to expiration of the work authorization. Any supplemental work authorization must be executed by both parties within the time period established in Article 2 of the contract, (Contract Period). Under no circumstances will a work authorization be allowed to extend beyond the contract's expiration date or will the total amount of funds exceed the maximum amount payable set forth in Article 3A of the contract (Compensation).
F-1. More Time Needed. If the Engineer determines or reasonably anticipates that the work authorized in a work authorization cannot be completed before the specified completion date, the Engineer shall promptly notify the State. The State may, at its sole discretion, extend the work authorization period by execution of supplemental authorization, using the form attached hereto as Attachment D.
F-2. Changes in Scope. Changes that would modify the scope of the work authorized in a work authorization must be enacted by a written supplemental work authorization. The Engineer must allow adequate time for the State to review and approve any request for a time extension prior to expiration of the work authorization. If the change in scope affects the amount payable under the work authorization, the Engineer shall prepare a revised work authorization budget for the State's approval.
G. New Work Authorization. If the Engineer does not complete the services authorized in a work authorization before the specified completion date and has not requested a supplemental work authorization, the work authorization shall terminate on the completion date. At the sole discretion of the State, it may issue a new work authorization to the Engineer for the incomplete work using the unexpended balance of the preceding work authorization for the project. If approved by the State, the Engineer may calculate any additional cost for the incomplete work using the rates set forth in the preceding work authorization and in accordance with Attachment E, Fee Schedule.
H. Emergency Work Authorizations. The State, at its sole discretion, may accept the Engineer's signature on a faxed copy of the work authorization as satisfying the requirements for executing the work authorization, provided that the signed original is received by the State within five business days from the date on the faxed copy.
I. Deliverables. Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the State for review and acceptance.
ARTICLE 2. PROGRESS
A. Progress meetings. The Engineer shall from time to time during the progress of the work confer with the State. The Engineer shall prepare and present such information as may be pertinent and necessary or as may be requested by the State in order to evaluate features of the work.
B. Conferences. At the request of the State or the Engineer, conferences shall be provided at the Engineer's office, the office of the State, or at other locations designated by the State. These conferences shall also include evaluation of the Engineer's services and work when requested by the State.
C. Inspections. If federal funds are used to reimburse costs incurred under this contract, the work and all reimbursements will be subject to periodic review by the U. S. Department of Transportation.
D. Reports. The Engineer shall promptly advise the State in writing of events that have a significant impact upon the progress of a work authorization, including:
1. problems, delays, adverse conditions that will materially affect the ability to meet the time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken or contemplated, and any State or federal assistance needed to resolve the situation; and
2. favorable developments or events which enable meeting the work schedule goals sooner than anticipated.
E. Corrective Action. Should the State determine that the progress of work does not satisfy the milestone schedule set forth in a work authorization, the State shall review the work schedule with the Engineer to determine the nature of corrective action needed.
ARTICLE 3. SUSPENSION OF WORK AUTHORIZATION
A. Notice. Should the State desire to suspend a work authorization but not terminate the contract, the State may verbally notify the Engineer followed by written confirmation, giving (30) thirty days notice. Both parties may waive the thirty-day notice in writing.
B. Reinstatement. A work authorization may be reinstated and resumed in full force and effect within sixty
(60) business days of receipt of written notice from the State to resume the work. Both parties may waive the sixty-day notice in writing.
C. Contract Period Not Affected. If the State suspends a work authorization, the contract period as determined in Article 2 of the contract (Contract Period) is not affected and the contract and the work authorization will terminate on the date specified unless the contract or work authorization is amended to authorize additional time.
D. Limitation of Liability. The State shall have no liability for work performed or costs incurred prior to the date authorized by the State to begin work, during periods when work is suspended, or after the completion date of the contract or work authorization.
ARTICLE 4. ADDITIONAL WORK
A. Notice. If the Engineer is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the State in writing, presenting the facts of the work authorization and showing how the work authorization constitutes additional work.
B. Supplemental Agreement. If the State finds that the work does constitute additional work, the State shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6, Supplemental Agreements.
C. Limitation of Liability. The State shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with or prior to the execution of a supplemental agreement.
ARTICLE 5. CHANGES IN WORK
A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in accordance with the terms of this contract but the State requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer shall make such revisions as requested and as directed by the State. This will be considered as additional work and paid for as specified under Article 4, Additional Work.
B. Work Does Not Comply with Contract. If the Engineer submits work that does not comply with the terms of this contract, the State shall instruct the Engineer to make such revision as is necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work.
C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this contract which are necessary to correct errors or omissions appearing therein, when required to do so by the State. No additional compensation shall be paid for this work.
ARTICLE 6. SUPPLEMENTAL AGREEMENTS
A. Need. The terms of this contract may be modified if the State determines that there has been a significant increase or decrease in the duration, scope, cost, complexity or character of the services to be performed. A supplemental agreement will be executed to authorize such significant increases or decreases. Significant is defined to mean a cost increase of any amount and a cost decrease of twenty percent (20%) or more of the original estimated project cost.
B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the contract (Compensation). Significant changes affecting the cost or maximum amount payable shall be defined to include but not be limited to new work not previously authorized or previously authorized services that will not be performed. The parties may reevaluate and renegotiate costs at this time.
C. When to Execute. Both parties must execute a supplemental agreement within the contract period specified in Article 2 of the contract (Contract Period).
ARTICLE 7. OWNERSHIP OF DATA
A. Work for Hire. All services provided under this contract are considered work for hire and as such all data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the property of the State.
B. Disposition of Documents. All documents prepared by the Engineer and all documents furnished to the Engineer by the State shall be delivered to the State upon request by the State. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the State under this contract, but further use of the data is subject to permission by the State.
C. Release of Design Plan. The Engineer (1) will not release any roadway design plan created or collected
under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the State’s ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design
plan created by the State.
ARTICLE 8. PUBLIC INFORMATION AND CONFIDENTIALITY
A. Public Information. The State will comply with Government Code, Chapter 552, the Public Information Act, and 43 Texas Administrative Code §3.10 et seq. in the release of information produced under this contract.
B. Confidentiality. The Engineer shall not disclose information obtained from the State under this contract without the express written consent of the State.
C. Access to Information. The Engineer is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.
ARTICLE 9. PERSONNEL, EQUIPMENT AND MATERIAL
A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance of all services, in addition to providing adequate and sufficient personnel and equipment to perform the services required under the contract. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or it will be able to obtain such personnel from sources other than the State.
B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The State may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the State, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work.
C. Replacement of Key Personnel. The Engineer must notify the State in writing as soon as possible, but no later than three business days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal.
D. State Approval of Replacement Personnel. The Engineer may not replace the project manager or key personnel without prior consent of the State. The State must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the State determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the State within forty-five (45) days.
E. Ownership of Acquired Property. Except to the extent that a specific provision of this contract states to the contrary, the State shall own all intellectual property acquired or developed under this contract and all equipment purchased by the Engineer or its subcontractors under this contract. All intellectual property and equipment owned by the State shall be delivered to the State when the contract terminates, or when it is no longer needed for work performed under this contract, whichever occurs first.
ARTICLE 10. LICENSE FOR TxDOT LOGO USE
A. Grant of License; Limitations. The Engineer is granted a limited revocable non-exclusive license to use the registered TxDOT trademark logo (TxDOT Flying “T”) on any deliverables prepared under this contract that are the property of the State. The Engineer may not make any use of the registered TxDOT trademark logo on any other materials or documents unless it first submits that request in writing to the State and receives approval for the proposed use. The Engineer agrees that it shall not alter, modify, dilute, or otherwise misuse the registered TxDOT trademark logo or bring it into disrepute.
B. Notice of Registration Required: The Engineer’s use of the Flying ‘T’ under this article shall be followed by the capital letter R enclosed within a circle (®) that gives notice that the Flying ‘T’ is registered in the United States Patent and Trademark Office (USPTO).
C. No Assignment or Sublicense. The Engineer may not assign or sublicense the rights granted by this article without the prior written consent of the State.
D. Term of License. The license granted to the Engineer by this article shall terminate at the end of the term specified in Article 2 of this contract.
ARTICLE 11. SUBCONTRACTING
A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional services related to the work under this contract without prior written approval from the State.
B. DBE/HUB Compliance. The Engineer’s subcontracting program shall comply with the requirements of Attachment H of the contract (DBE/HUB Requirements).
C. Required Provisions. All subcontracts for professional services shall include the provisions included in Attachment A, General Provisions, and any provisions required by law. The Engineer is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from the basis of payment by the State to the Engineer.
D. Prior Review. Subcontracts for professional services in excess of $25,000 may be reviewed by the State prior to performance of work thereunder.
E. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract.
ARTICLE 12. INSPECTION OF WORK
A. Review Rights. The State and the U. S. Department of Transportation, when federal funds are involved, and any of their authorized representatives shall have the right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in which it is being performed.
B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the state or federal representatives in the performance of their duties.
ARTICLE 13. SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the State before a final report is issued. The State's comments on the Engineer's preliminary report must be addressed in the final report.
ARTICLE 14. VIOLATION OF CONTRACT TERMS
A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the State arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer.
B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative.
ARTICLE 15. TERMINATION
A. Causes. The contract may be terminated before the stated completion date by any of the following conditions.
1. By mutual agreement and consent, in writing from both parties.
2. By the State by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner.
3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein.
4. By the State for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty
business days notice of termination in writing to the Engineer.
5. By the State, if the Engineer violates the provisions of Attachment A, General Provisions Article 21, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements.
6. By satisfactory completion of all services and obligations described herein.
B. Measurement. Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate
this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.
C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the State terminates this contract for fault on the part of the Engineer, the State will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the State; (4) the cost to the State of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the State of the work performed.
D. Calculation of Payments. The State shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead percentage rate for payroll additives and for general and administrative overhead costs during the years in which work was performed shall be used to calculate partial payments. Any portion of the fixed fee not previously paid in the partial payments shall not be included in the final payment.
E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish the rights, duties, and obligations of the State and the Engineer under this contract, except for those provisions that establish responsibilities that extend beyond the contract period.
G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the State may take over the project and prosecute the work to completion, and the Engineer shall be liable to the State for any additional cost to the State.
ARTICLE 16. COMPLIANCE WITH LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the State with satisfactory proof of its compliance therewith.
ARTICLE 17. INDEMNIFICATION
A. Errors, Omissions, Negligent Acts. The Engineer shall save harmless the State and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any
B. Attorney Fees. The Engineer shall also save harmless the State from any and all expense, including, but not limited to, attorney fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Engineer, its agents, or employees.
ARTICLE 18. ENGINEER'S RESPONSIBILITY
A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation.
B. Errors and Omissions. The Engineer’s Responsibility for all questions arising from design errors or omissions will be determined by the State. All decisions shall be in accordance with the State’s “Consultant Errors & Omissions Correction and Collection Procedures” and Texas Government Code §2252.905. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed.
C. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the State in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers.
D. Resealing of Documents. Once the work has been sealed and accepted by the State, the State, as the owner, will notify the party to this contract, in writing, of the possibility that a State engineer, as a second engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second engineer will affix his seal to any work altered, completed, corrected, revised or added. The second engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original engineer’s design.
ARTICLE 19. NONCOLLUSION
A. Warranty. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract.
B. Liability. For breach or violation of this warranty, the State shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE 20. INSURANCE
The Engineer certifies that it has insurance on file with Contract Services of the Texas Department of Transportation in the amount specified on Form 1560-CS, Certificate of Insurance, as required by the State. No other proof of insurance is acceptable to the State. The Engineer certifies that it will keep current insurance on file with that office for the duration of the contract period. If insurance lapses during the contract period, the Engineer must stop work until a new certificate of insurance is provided.
ARTICLE 21. GRATUITIES
A. Employees Not to Benefit. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the Executive Director of the Texas Department of Transportation.
B. Liability. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to department employees, except as mentioned above. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract.
ARTICLE 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED
The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the State.
ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS
A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for seven (7) years from the date of final payment under this contract, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the Engineer’s Records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 24. NEPOTISM DISCLOSURE
A. In this section the term “relative” means:
(1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or
(2) the grandparent, parent, sibling, child, or grandchild of the person’s spouse.
B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services, Texas Department of Transportation, 125 East 11th Street, Austin Texas 78701. The notice shall specify the Engineer's firm name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Engineer employee, the expected role of the Engineer employee on the project, the name of the TxDOT employee who is a relative of the Engineer employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship.
C. By executing this contract, the Engineer is certifying that the Engineer does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Engineer has notified TxDOT of each instance as required by subsection (b).
D. If the Engineer learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Engineer shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge.
E. If the Engineer violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law.
A. Compliance with Regulations: The Engineer will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement.
B. Nondiscrimination: The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Engineer of the Engineer’s obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(1) withholding of payments to the Engineer under the contract until the Engineer complies and/or
(2) cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions: The Engineer will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Engineer may request the State to enter into such litigation to protect the interests of the State. In addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States.
ARTICLE 26. PATENT RIGHTS
The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.
ARTICLE 27. COMPUTER GRAPHICS FILES
The Engineer agrees to comply with Attachment G, Computer Graphics Files for Document and Information Exchange, if determined by the State to be applicable to this contract.
ARTICLE 28. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Engineer certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Engineer is liable to the state for attorney’s fees, the cost necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or the contract. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all
arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court- supervised effort to improve earnings and child support payments.
ARTICLE 29. DISPUTES
A. Disputes Not Related to Contract Services. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the services authorized herein.
B. Disputes Concerning Work or Cost. Any dispute concerning the work hereunder or additional costs, or any non-procurement issues shall be settled in accordance with 43 Texas Administrative Code §9.2.
ARTICLE 30. SUCCESSORS AND ASSIGNS
The Engineer and the State do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the State.
ARTICLE 31. SEVERABILITY
In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE 32. PRIOR CONTRACTS SUPERSEDED
This contract constitutes the sole agreement of the parties hereto for the services authorized herein and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein.
ARTICLE 33. CONFLICT OF INTEREST
A. Representation by Engineer.
The Engineer represents that its firm has no conflict of interest that would in any way interfere with its or its employees’ performance of services for the department or which in any way conflicts with the interests of the department. The Engineer further certifies that this agreement is not barred because of a conflict of interest pursuant to Texas Government Code, Section 2261.252, between it and the State. Specifically, the Engineer certifies that none of the following individuals, nor any or their family members within the second degree of affinity or consanguinity, owns 1% or more interest, or has a financial interest as defined under Texas Government Code, Section 2261.252(b), in the Engineer: any member of the Texas Transportation Commission, TxDOT’s Executive Director, General Counsel, Chief of Procurement and Field Support Operations, Director of Procurement, or Director of Contract Services. The firm shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the department's interests.
B. Certification Status. The Engineer certifies that it is not:
1. a person required to register as a lobbyist under Chapter 305, Government Code;
2. a public relations firm; or
3. a government consultant.
C. Environmental Disclosure. If the Engineer will prepare an environmental impact statement or an environmental assessment under this contract, the Engineer certifies by executing this contract that it has no financial or other interest in the outcome of the project on which the environmental impact statement or environmental assessment is prepared.
D. Commencement of Final Design. This contract does not obligate the State to proceed with final design for any alternative. On completion of environmental documentation, the State will consider all reasonable alternatives in a fair and objective manner. Notwithstanding anything contained elsewhere in the contract or in
any work authorization, the Engineer may not proceed with final design until after all relevant environmental decision documents have been issued.
E. Restrictions on Testing. If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing:
1. verification testing;
2. quality control testing; or
3. independent assurance testing.
ARTICLE 34. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
ARTICLE 35. DEBARMENT CERTIFICATIONS
The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Engineer certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification.
ARTICLE 36. E-VERIFY CERTIFICATION
Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of this agreement to determine the eligibility of:
1. All persons employed by Engineer during the term of this agreement to perform duties within the State of Texas; and
2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement.
Violation of this provision constitutes a material breach of this agreement.
ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER STATE OFFICER OR EMPLOYEE
The Engineer shall not hire a former state officer or employee of a state agency who, during the period of state service or employment, participated on behalf of the state agency in this agreement’s procurement or its negotiation until after the second anniversary of the date of the officer’s or employee’s service or employment with the state agency ceased.
During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
For each negotiated Work Authorization the State will designate a Project Manager to represent the State and will provide the following information or services as listed below by Function Code (FC).
Subject to availability, the services to be provided or performed by the State will include, but not be limited to, the following items:
Route and Design Studies
• Provide As-built Plans.
• Provide Preliminary Cost Estimate, Project Information and other Documentation.
• Provide soil boring logs for inclusion in the final plans, if applicable.
• Provide pavement design for inclusion in the final plans.
• Provide available Environmental Documentation.
• Provide Map File, Topographic (Planimetric) Base File and Aerial Photography.
• Provide approved traffic data.
• Provide DCIS project information.
• Provide Design Summary Report.
• Provide approved schematic CAD design files.
• Provide approved design exceptions, if applicable.
• Provide Value Engineering Report, if available and applicable.
Social, Economic and Environmental Studies and Public Involvement
• Provide available project development documents, environmental Documentation, schematics, typical sections, public involvement records, etc.
• Review and process each necessary environmental and public involvement document prior to letting of the construction contract.
• Locate suitable facilities, advertise, and conduct each required public meeting.
• Provide designated State representatives for each public meeting.
• Provide a court reporter if necessary for public meetings.
• Review the information and material developed by the Engineer to be presented at each public meeting or public hearing three weeks before any such event. The State will return review comments to the Engineer two weeks before each such meetings or hearings, if applicable.
Right-of-Way Data and Utility
• Provide available existing right of way plans for the proposed project location.
• Conduct all right-of-way appraisals and acquisitions, if applicable.
• Any coordination on approvals required with the General Land Office (GLO) when crossing state owned lands or navigable waters.
• If available, Subsurface Utility Engineering (SUE) data and utility ownership/facility data; and
• Planimetric layouts and related information.
• Proposed utility agreements for the Engineers review.
Design Surveys and Construction Surveys
• Provide survey control points such as horizontal control points, benchmark elevations and descriptions for vertical control, and listing of horizontal alignment coordinates for baseline control only, if available.
• Provide aerial photographs (contact prints) of the proposed project area, if available.
• Furnish a Digital Terrain Model (DTM) file to generate Cross Sections and contours, if available.
• Provide mobile, aerial and ground survey already completed within the project limits
Roadway Design Controls
• Provide applicable Preliminary Design Concept Conference, schematic layout and Plans, Specifications and Estimate (PS&E) package checklists for use by the Engineer.
• Provide As-built plans of the existing project facilities, if available.
• Provide standard GEOPAK design cross section criteria and/or OpenRoads template files developed by the State.
• Provide existing hydraulic and hydrologic studies associated with the project and project area if available.
• Provide areas of wetlands delineation to be surveyed by the Engineer.
• Provide data, if available, including “as-built plans”, existing cross sections, existing channel and drainage easement data.
• Provide pervious hydrologic and hydraulic models in the native format.
Signing, Pavement Markings and Signalization (Permanent)
• Furnish traffic signal justification warrants, if applicable.
• Available traffic counts, traffic projects and accident data, if available.
• Provide example estimates, district general notes and standards, sample specification lists and related hard copy documentation for the Engineer's use in preparing the preliminary estimate, general notes and specifications.
• Provide a maximum project cost to be used in the preparation of the preliminary design.
• Furnish tabulation of current applicable bid process, if applicable.
• Negotiate with each project utility company for relocation agreements or required relocation as applicable.
Project Management and Administration
• Review, approve and update Project Design Criteria.
• Prompt Review of Deliverables.
• Provide copies of preferred District Details to be used.
• Provide copies of preferred District Standards to be used.
• Prepare final General Notes and final Specification Data Sheets.
• Furnish as-built plans of existing structures, National Bridge Inventory (NBI), and applicable Brinsap report.
• Review and provide written approval of each preliminary bridge layout before bridge design work begins.
Construction Phase Services
• Shop drawings and related submittals received from the contractor or fabricators.
• Request for applicable change order plan modifications that are based on changed conditions or a request by the State to modify the design based on field conditions or applicable updates to the State’s standards and criteria.
• Provide design criteria for roadway, structures, drainage, and hydraulics.
• Interface with local, regional, State and Federal agencies or other entities on behalf of Engineer.
• Coordinate and notify in writing with Emergency Medical Services (EMS), school system, United State (U.S.) Mail, etc. for any detour routes and roadway closures. Upon request by the State, the Engineer shall prepare the necessary exhibits.
• Provide the Engineer with timely reviews in accordance with Exhibit C, “Work Schedule” of the Work Authorization and decisions to enable the Engineer to maintain the project schedule as approved by the State.
• Provide paper prints or electronic copies of design files containing, for example, a sample title sheet, plan profile sheet, plan sheet, sheet quantities and storm water pollution prevention plan (SW3P) sheet, if available and applicable.
• Provide milestone guidelines as applicable to the district the work is being performed.
• Secure all required permits and agreements.
• Provide the “Guide for Determining Time Requirements for Traffic Signal Preemptions at Highway-rail Crossings.
The Engineer shall provide engineering services required for the preparation of plans, specifications and estimates (PS&E) and related documents, for the project along IH-35from FM 1103 to the Comal/Hays County Line in Comal County Texas, San AntonioDistrict. This project includes the conversion of frontage roads from two-way to one- way, ramp reversals, turnarounds, intersection improvements, and other operational improvements. The services to be provided shall include, but are not limited to, preparing roadway and bridge design, retaining wall design, signing and striping design, large guide sign design, safety illumination design, intelligent traffic system modifications, hydrologic and hydraulic design, traffic analysis, traffic signal design, topographic survey, geotechnical data collection and engineering, subsurface utility engineering (SUE), construction phase services necessary to support the design process and if requested, provide design support and testify as the Engineer of Record at Right of Way hearings.
As used below, “ensure” means to make certain that something has happened or will happen, and includes an obligation to deploy the appropriate level of engineering or other technical expertise, consistent with the complexity, cost, and level of risk associated with a task. Ensure does not require the completion of any task assigned to a separate entity under any other agreement.
1.1. Design Criteria. The Engineer shall prepare work in accordance with the latest version of applicable State’s procedures, specifications, manuals, guidelines, standard drawings, and standard specifications or previously approved special provisions and special specifications, which include: the PS&E Preparation Manual, Roadway Design Manual, Hydraulic Design Manual, the Texas Manual on Uniform Traffic Control Devices (TMUTCD), Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges (latest Edition), and other State approved manuals. When design criteria are not identified in State manuals, the Engineer shall notify the State and refer to the American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Street, (latest Edition). In addition, the Engineer shall follow the State’s District guidelines in developing the Plan, Specification, and Estimate (PS&E) package. The Engineer shall prepare each PS&E package in a form suitable for letting through the State’s construction contract bidding and awarding process.
The Engineer shall identify, prepare exhibits and complete all necessary forms for each Design Exception and Waiver required within project limits prior to the 30% project completion submittal. The Engineer shall submit each exception and waiver to the State for coordination and processing of approvals. If subsequent changes require additional
exceptions, the Engineer shall notify the State in writing as soon as possible after identification of each condition that may warrant a design exception or waiver.
1.2. Right-of-Entry and Coordination. The Engineer shall notify the State and secure permission to enter private property to perform any surveying, environmental, engineering or geotechnical activities needed off State right-of-way. In pursuance of the State’s policy with the general public, the Engineer shall not commit acts which would result in damages to private property, and the Engineer shall make every effort to comply with the wishes and address the concerns of affected private property owners. The Engineer shall contact each property owner prior to any entry onto the owner’s property and shall request concurrence from the State prior to each entry.
The Engineer shall notify the State and coordinate with adjacent engineers on all controls at project interfaces. The Engineer shall document the coordination effort, and each engineer shall provide written concurrence regarding the agreed project controls and interfaces. In the event the Engineer and the other adjacent engineers are unable to agree, the Engineer and each adjacent engineer shall meet jointly with the State for resolution. The State will have authority over the Engineer’s disagreements and the State’s decision will be final.
The Engineer shall prepare each exhibit necessary for approval by each railroad, utility, and other governmental or regulatory agency in compliance with the applicable format and guidelines required by each entity and as approved by the State. The Engineer shall notify the State in writing prior to beginning any work on any outside agency’s exhibit.
1.3. Progress Reporting and Invoicing. The Engineer shall invoice according to Function Code breakdowns shown in Attachment “C” of the Contract for Engineering Services and Exhibit "D" - Fee Schedule, of each Work Authorization. The Engineer shall submit each invoice in a format acceptable to the State.
With each invoice, the Engineer shall include a completed Projected vs. Actual Contract Invoices form. The Engineer shall submit a monthly written progress report to the State’s Project Manager regardless of whether the Engineer is invoicing for that month. The Engineer’s written progress report shall describe activities during the reporting period; activities planned for the following period; problems encountered and actions taken to remedy them; list of meetings attended; and overall status, including a percent complete by task.
The Engineer shall prepare a design time schedule and an estimated construction contract time schedule, using the latest version of Primavera software or any State’s approved programs. The schedules shall indicate tasks, subtasks, critical dates, milestones, deliverables and review requirements in a format that depicts the interdependence of the various items. The Engineer shall provide assistance to State personnel in interpreting the schedules. The Engineer shall schedule milestone submittals at 30%, 60%, 90% and final project completion phases. The Engineer shall
advise the State in writing if the Engineer is not able to meet the scheduled milestone review date.
Once the project goes to letting, electronic files shall be delivered within 30 days of written request in conformance with the latest version of the State’s Document and Information Exchange (Attachment G).
Final payment is contingent upon the State’s receipt and confirmation by the State’s Project Manager that the electronic files run and is formatted in accordance with Attachment G of the contract and review comments are addressed.
The Engineer shall prepare a letter of transmittal to accompany each document submittal to the State. At a minimum, the letter of transmittal must include the State’s Control-Section-Job (CSJ) number, the highway number, County, project limits, State’s contract number, and State’s work authorization number.
1.4. Traffic Control. The Engineer shall provide planning, labor and develop each Traffic Control Plan (TCP) needed by the Engineer to perform services under each Work Authorization. The Engineer shall comply with the requirements of the most recent edition of the TMUTCD. The Engineer shall submit a copy of each TCP to the State for approval prior commencing any work on any State roadway. The Engineer shall provide all signs, flags, and safety equipment needed to execute the approved TCP. The Engineer shall notify the State in writing twenty-four (24) hours in advance of executing each TCP requiring a lane closure, and shall have received written concurrence from the State prior to beginning the lane closure. The Engineer’s field crew shall possess a copy of the approved TCP on the job site at all times and shall make the TCP available to the State for inspection upon request. The Engineer shall assign charges for any required traffic control to the applicable function code.
1.5. State-Controlled Waters. The placement of a new structure or modification of an existing structure(s) within State-Controlled waters will require confirmation that said structure(s) lie within the General Land Office (GLO) state owned land and whether the crossing is tidally influenced or not. Consequently, the Engineer shall request, as early in the design process as possible, that the State determine whether the proposed improvements are found within the tidal GLO, is a submerged GLO property or a non- tidal GLO property. The State may request assistance from the Engineer to prepare an exhibit demonstrating the location of the proposed improvements on the GLO State Owned Map for the project location of an assigned State’s District.
1.6. Coordination. The Engineer shall coordinate issues and communications with State’s internal resource areas through the State’s Project Manager. The State will communicate the resolution of issues and provide the Engineer direction through the State’s Project Manager.
1.7. Level of Effort. For each work authorization, the Engineer shall base the level of effort at each phase on the prior work developed in earlier phases without unnecessary repetition or re-study. As directed by the State, the Engineer shall provide written justification regarding whether or not additional or repeated level of effort of earlier completed work is warranted, or if additional detail will be better addressed at a later stage in the project development.
1.8. Quality Assurance (QA) and Quality Control (QC). The Engineer shall provide peer reviews. For each deliverable, the Engineer shall have some evidence of their internal review and mark-up of that deliverable as preparation for submittal. A milestone submittal is not considered complete unless the required milestone documents and associated internal red-line mark-ups are submitted. The State’s Project Manager may require the Engineer to submit the Engineer’s internal mark-up (red-lines) or comments developed as part the Engineer’s quality control step. When internal mark-ups are requested by the State in advance, the State, at its sole discretion, may reject the actual deliverable should the Engineer fail to provide the evidence of quality control. The Engineer shall clearly label each document submitted for quality assurance as an internal mark-up document.
The Engineer shall perform QA and QC on survey procedures, field surveys, data, and products prior to delivery to the State. If, at any time, during the course of reviewing a survey submittal it becomes apparent to the State that the submittal contains errors, omissions, or inconsistencies, the State may cease its review and immediately return the submittal to the Engineer for appropriate action by the Engineer. A submittal returned to the Engineer for this reason is not a submittal for purposes of the submission schedule.
1.9. Use of the State’s Standards. The Engineer shall identify and insert as frequently as is feasible the applicable, current State’s Standard Details, District Standard Details, or miscellaneous details that have been approved for use in the plan. The Engineer shall sign, seal, and date each Standard and miscellaneous detail if the Standard selected has not been adopted for use in a District. The Engineer shall obtain approval for use of these details during the early stages of design from the State Project Manager or designated State Area Engineer. In addition, these details shall be accompanied by the appropriate general notes, special specifications, special provisions, and method of payment. The Engineer shall retain the responsibility for the appropriate selection of each Standard identified for use within their design.
1.10. Organization of Plan Sheets. The PS&E shall be complete and organized in accordance with the latest edition of the State’s PS&E Preparation Manual. The PS&E package shall be suitable for the bidding and awarding of a construction contract, and in accordance with the latest State’s policies and procedures, and the District’s PS&E Checklist.
1.11. Limited Access to State’s DCIS. The Engineer shall receive limited access to the State’s DCIS to update responsible engineer information, sign, seal and date, build specification list and develop Project estimate.
As shown on the table below, the Engineer shall access and update DCIS with the following function codes.
DCIS Update Screens
Required Criteria for Access
DCIS Function Code
S01-Responsible Engineer Update S03-Sealing, Signing & Dating P04-Project Estimate
Consultant Registered Professional Engineer (PE)
Consultant does not have
to be a PE
When requested by the State, the Engineer shall sign the following TxDOT forms: 1828, Information Security Compliance Agreement; 1980, Request for External Access to the State’s Information Systems; 2110, Information Resources Confidentiality Agreement, and DR-IRI Information Access Request Form. These access rights will be revoked after the project is let.
1.12. Organization of Design Project Folder and Files (Electronic Project Files). The Engineer shall organize the electronic project files in accordance with the State’s File Management System (FMS) format. With the approval of the State, the Engineer may maintain the project files in the State’s ProjectWise container.
TASK DESCRIPTIONS AND FUNCTION CODES
The Engineer shall categorize each task performed to correspond with the Function Codes (FC) and Task Descriptions.
FUNCTION CODE 102(110) – FEASIBILITY STUDIES
ROUTE AND DESIGN STUDIES
110.1. Data Collection and Field Reconnaissance. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the State in writing whenever the Engineer finds disagreement with the information or documents:
1. Data, if available, from the State, including “as-built plans”, existing schematics, right-of-way maps, Subsurface Utility Engineering (SUE) mapping, existing cross sections, existing planimetric mapping, environmental documents, existing channel and drainage easement data,
existing traffic counts, accident data, Bridge Inspection records, Project Management Information system (PMIS) data, identified endangered species, identified hazardous material sites, current unit bid price information, current special provisions, special specifications, and standard drawings.
2. Documents for existing and proposed development along proposed route from local municipalities and local ordinances related to project development.
3. Utility plans and documents from appropriate municipalities and agencies.
4. Flood plain information and studies from the Federal Emergency Management Agency (FEMA), the United States Army Corps of Engineers (USACE), local municipalities, and other governmental agencies.
5. Conduct field reconnaissance and collect data including a photographic record of notable existing features.
110.2. Design Criteria. The Engineer shall develop the roadway design criteria based on the controlling factors specified by the State (i.e. 4R, 3R, 2R, or special facilities), by use of the funding categories, design speed, functional classification, roadway class and any other set criteria as set forth in PS&E Preparation Manual, Roadway Design Manual, Bridge Design Manual, Hydraulic Design Manual, and other deemed necessary State approved manuals. In addition, the Engineer shall prepare the Design Summary Report (DSR) and submit it electronically. The Engineer shall obtain written concurrence from the State prior to proceeding with a design if any questions arise during the design process regarding the applicability of State’s design criteria.
110.3. Preliminary Cost Estimates. The Engineer shall develop a preliminary cost estimate using the Average Low Bid Unit Price. The Engineer shall estimate the total project cost including preliminary engineering, final engineering, right-of-way (ROW) acquisition, environmental compliance and mitigation, construction, utility relocation, and construction engineering inspection (CEI).
110.4. Design Concept Conference. In accordance with the State’s Project Development Process Manual, the Engineer, in cooperation with the State, shall plan, attend and document the Design Concept Conference (DCC) to be held prior to the 30 percent milestone submittal. In preparation for the DCC, the Engineer shall complete a State’s Design Summary Report to serve as a checklist for the minimum required design considerations. The conference will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on:
1. Roadway, drainage, retaining wall and bridge design parameters
110.5. Geotechnical Borings and Investigations: The Engineer shall determine the location of proposed soil borings for bridge design, embankment settlement analysis, retaining walls, slope stability, overhead sign structures, Intelligent Transportation System (ITS) facilities and along storm drain alignment, and design of pavement sections for temporary detours (if required) in accordance with the latest edition of the State’s Geotechnical Manual. The State will review and provide comments for a boring layout submitted by the Engineer showing the general location and depths of the proposed borings. Once the Engineer receives the State’s review comments they shall perform soil borings (field work), soil testing and prepare the boring logs in accordance with the latest edition of the State’s Geotechnical Manual and State District’s procedures and design guidelines.
1. Geotechnical work should be performed in accordance with the latest version of the State’s Geotechnical Manual. Testing shall be performed in accordance with the latest version of the State’s Manual of Test Procedures. American Society for Testing Materials (ASTM) test procedures can be used only in the absence of the State’s procedures. Soil classification should be performed in accordance with the Unified Soil Classification System.
2. If applicable, the Engineer shall perform retaining wall analyses to include the settlement analysis. This analysis must include the computation of the factor of safety for bearing capacity, global stability, overturning and sliding. In addition, the Engineer shall include allowable bearing pressure, passive earth pressure, friction factor, settlement analysis (consolidation report) and lateral earth pressure for the retaining walls. If weak foundation soils are discovered that require remediation or treatment, additional geotechnical evaluation and design services will be provided as needed, at the written request of the State’s Project Manager.
3. If applicable, the Engineer shall perform soil borings, coring for pavement removal items, piezometric readings, testing and analysis to include: (a) slope stability analysis, (b) settlement analysis, (c) pavement analysis for temporary detours (if required), and (d) foundation design recommendations along storm drain alignment, retaining walls, overhead sign structures, bridges, embankments and any temporary soil retaining systems. Activities requiring mainlane closures will be restricted to nighttime operations only (between 9:00pm and 5:00am).
4. The Engineer shall provide a signed, sealed and dated geotechnical report which contains, but is not limited to, soil boring locations, boring logs, laboratory test results, generalized subsurface conditions, ground water conditions, piezometer data, analyses and recommendations for settlement and slope stability of the earthen embankments, global and external stability of retaining walls, skin friction tables and design capacity curves including skin friction and
point bearing. The skin friction tables and design capacity curves must be present for drilled shaft foundation and piling if applicable.
5. If applicable, the Engineer shall perform scour analysis to include Grain Size distribution curves with D50 value.
6. The Engineer shall sign, seal and date soil boring sheets to be used in the PS&E package. The preparation of soil boring sheets must be in accordance with a State’s District standards.
7. Foundation Studies: The Engineer shall coordinate with the State to determine the location of soil borings to be drilled along the retaining wall alignments. The soil borings shall extend a minimum of 35 feet below the footing elevation or deeper as soil conditions warrant. Spacing of soil borings shall not exceed 500 feet. The Engineer shall provide a boring layout for the State’s review and comment.
8. The Engineer shall incorporate soil boring data sheets prepared, signed, sealed, and dated by the Geotechnical Engineer. The soil boring sheets shall be in accordance with the State’s WINCORE software as can be found on the Texas Department of Transportation (TxDOT) website.
FUNCTION CODE 120(120) – SOCIAL/ECON/ENVIRON STUDIES
SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
120.1. Informal Meetings. The Engineer shall provide technical assistance, preparation of exhibits for, and minutes of informal meetings requested by the public to discuss the pending impacts to neighborhoods and businesses due to roadway shutdowns, detours and access restrictions or as deemed necessary. This is not to be confused with the formal public meetings held during the National Environmental Policy Act (NEPA) process during schematic approval for Public Involvement. It is not anticipated that the Engineer’s participation will be needed for the NEPA process. Assistance (exhibits, attendance, etc.) may be required for a formal public meeting/hearing associated with schematic approval work.
120.2. Environmental Permits Issues and Commitments (EPIC) Sheets. The Engineer shall complete the latest version of the EPIC sheets per information provided by the State. These sheets must be signed, sealed and dated by the Engineer as indicated in signature block. The final sheets must be submitted for the State’s signature.
120.3. Environmental Study Review. The State shall provide the draft and final environmental document to the Engineer for review and implementation into the PS&E package. The Engineer shall consider the constructability issues as it relates to the environmental impacts.
120.4. Environmental Exhibits. The Engineer shall prepare the necessary exhibits for the environmental study to be performed by others. The Engineer shall coordinate with the Environmental Project Manager and the State’s Environmental Engineer for the preparation of these exhibits. Exhibits anticipated to be developed shall be in support of NWP 14 and PCN permit document preparation (prepared by the State’s Environmental Engineer).
120.5. Cut and Fill Exhibits. If the information is available, the Engineer shall prepare cut and fill exhibits for delineated wetland.
120.6. Water Pollution Abatement Plan. In accordance with Title 30 Texas Administrative Code Chapter 213, The Engineer may be required to furnish a Water Pollution Abatement Plan for projects over the Edwards Aquifer Recharge Zone or Contributing Zone Plan, as requested by the State.
120.6.1. Prepare the required WPAP application forms and attachments. The application will be based on the roadway and water quality BMP design approved during the 30% design phase and conduct a preliminary meeting with TCEQ staff to discuss the proposed project.
120.6.2. Conduct a Geologic Assessment report in support of a WPAP application and will conform to the “Instructions to Geologists for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones” as written by the TCEQ
120.6.3. Submit the WPAP application package to State for coordination with TCEQ San Antonio Region 13 staff for review and approval. The Engineer will coordinate with the State and TCEQ during the plan review process to address any permitting issues that may arise.
120.7. Nationwide Permit Preconstruction Notification (PCN). The Engineer will prepare a PCN for submittal to the US Army Corps of Engineers (USACE) for the project per results of the schematic environmental evaluation, concluding the project may be permitted under a Nationwide Permit (NWP) 14. The State will provide documents prepared during the schematic development including “Delineation of Waters of the US”, “Threatened and Endangered Species” survey, and “Cultural Resources Assessment” survey as required for inclusion with the PCN document.
Standards, procedures and equipment used by the Engineer’s Surveyor shall be such that the results of the survey will be in accordance with Board Rule 663.15, as promulgated by the Texas Board of Professional Land Surveyors.
The Engineer shall locate the existing ROW within the project limits from the current project control monuments and prepare a layout map for the project.
NOTE: No work involving right-of-way (ROW) data is to be performed until the state has given the engineer written approval of the final location of the proposed ROW lines.
The Engineer will:
l. Determine ownership Information
Ownership Information shall be determined (Preliminary Title Data)
2. Prepare Parcel plats & Right-of-Way Map (metric & english units)
a. A ROW map, parcel plats and field notes shall be prepared and furnished.
b. ROW map and field notes shall be revised as required due to changes in Highway Design, Ownership Changes or Revised Parcel Numbering. All plats and field notes must be 'signed and sealed by a Registered Professional Land Surveyor (RPLS).
c. ROW map must depict all improvements affecting ROW.
3. Determine Utility Adjustments
a. Highway Design Data shall be furnished for Utility Adjustment s and ROW Determination as required.
b. Provide the results from the hazardous material survey to the right of way office and include as notations and/or depictions on the ROW map.
4. Prepare Field Notes
a. Field notes and plats, signed and sealed by a Registered Professional Land Surveyor, for all parcels on the ROW Map
b. Control of Access Descriptions for all parcels on Designated Controlled Access Highways.
c. Computation Sheets for Survey Closure and Area for Each Parcel.
d. Ground surveys and preparation of parcel maps, legal descriptions, and right of way maps.
5. Survey and Stake Right-of-Way (Show cost estimate with Function Code (130)
130.1. Right-of-Way Map. The Engineer shall review and evaluate the proposed or existing right-of-way map to verify that construction staging and alignment considerations have been taken into account. The Engineer shall make every effort to prevent detours and utility relocations from extending beyond the proposed right-of-way lines. The Engineer shall notify the State in writing if it is necessary to obtain additional construction easements or rights-of-entry and shall provide justification for such action. The Engineer shall be responsible for identifying and delineating any temporary construction easements in areas outside the State’s Right of Way. The State shall secure the necessary legal instruments.
General Guidelines for Preparation of Right-of-Way Maps
a. All procedures involving ROW maps, surveys and field notes shall be in conformance with the State's Right-of-Way, Book I and Book II, except as provided herein and in accordance with the Texas Board of Professional Land Surveying Practices Act.
b. The State will furnish one incomplete graphic file positive of the ROW map title sheet to the engineer. The engineer shall be responsible for completing the title sheet as required and formatted by the State and as discussed in Book II of the Right of Way Manual.
c. Preliminary and completed work shall be submitted as requested by the district.
d. The engineer shall maintain a direct line of communication and coordinate very closely with the district's design staff, through the district engineer, throughout the project.
e. Minimum mathematical calculations relative to field note data are: (a) area of taking, if expressed in metric, will be carried to three decimal places or, if expressed in square feet, will be rounded to the square foot, (b) distances will be given to the nearest metric units and hundredth of a foot and (c) bearings will be carried to the nearest second. Data contained in the field notes and shown on the map shall be identical. More precise calculations may be requested by the State.
(2) Calls within the body of the field notes shall be written to identify property lines and the existing and proposed ROW lines (metric and english units).
f. Project base line is to be drawn and stationed on the ROW map.
g. Minimum size lettering is to be 4 millimeters (5/32 inch) height for hand lettering and 140 for lettering by computer-aided design and drafting (CADD) on all ROW maps, unless otherwise authorized in writing by the State.
h. As soon as property lines and parent tracts can be determined, the engineer shall submittal preliminary map for review of parcel numbers and guidance early in the development process.
i. Zip-a-tone or similar products shall not be used on map sheets.
j. All field notes and plats shall be signed, dated and sealed by a Registered Professional Land Surveyor or Licensed State Land Surveyor.
k. The ROW map sheets shall be ink or Mylar type tracing film or as otherwise authorized by the State.
I. Field note data for all parcels shall be furnished on diskettes or tapes that are compatible with State equipment (metric and English units).
130.2. Utility Locations and Layouts. The Engineer shall coordinate with the State to determine the location of each existing and proposed utility and attend meetings with the various utility companies to discuss potential conflicts. The Engineer shall identify and coordinate with each utility company for relocations required within each construction easement or right-of entry. At the State’s request, the existing and proposed utilities shall be represented in a 3D MicroStation model.
130.3. Access Management. The Engineer shall coordinate and evaluate access management within the project limits in accordance with the latest State Access Management Manual or as directed by the State.
130.4 Utility Adjustment Coordination
Utility Adjustment Coordination shall include utility coordination meetings with individual utility companies, communication and coordination with utilities, and preparation of utility agreement assemblies including utility agreements, joint use agreements, and advanced funding agreements.
A. Engineer Designees. Engineer is responsible for designating and providing the services of the following individuals or entities:
1. Utility Coordinator is the individual or entity performing Utility-related Services that are not required to be performed by a licensed engineer under Texas law.
2. Utility Engineer is the individual or entity performing Utility- related Services that are required to be performed by a licensed engineer under Texas law.
B. As used below, “ensure” means to make certain that something has happened or will happen, and includes an obligation to deploy the appropriate level of engineering or other technical expertise, consistent with the complexity, cost, and level of risk associated with a task. Ensure does not require the completion of any task assigned to a separate entity under any other agreement.
1. UTILITY COORDINATION
The Utility Coordinator shall perform utility coordination and liaison activities with involved utility owners, their consultants, and the State to achieve timely project notifications, formal coordination meetings, conflict analysis and resolution. The Utility Coordinator shall act as the “Responsible Party” as indicated in the State’s– Utility Cooperative Management Process (See the State’s ROW Utility Manual, chapter 2).
a. The Utility Coordinator shall coordinate activities with the State, or their designee, to facilitate the orderly progress and timely completion of the State design phase. The Utility Coordinator shall be responsible for the following:
i. Work Plan. Coordinate a work plan including a list of the proposed meetings and coordination activities, and related tasks to be performed, a schedule and an estimate. The work plan must satisfy the requirements of the project and must be approved by the State prior to commencing work.
ii. Initial Project Meeting. Attend an initial meeting and an on- site inspection (when appropriate) to verify familiarity with existing conditions, project requirements and prepare a written report of the meeting.
iii. External Communications. The Utility Coordinator shall coordinate activities with the State and its consultants or other contractors or representatives, as authorized by the State. Also, the Utility Coordinator shall provide the State copies of diaries, correspondence and other documentation of work-related communications between the Utility Coordinator, utility owners and other outside entities when requested by the State.
iv. Permits and rights of entry. Obtain necessary permits from city, county, municipality, railroad or other jurisdiction to allow the Engineer to work within existing streets, roads or private property for additional designating and/or subsurface
v. Progress Meetings. The Utility Coordinator shall implement a schedule of periodic meetings with each utility company and owner or owner’s representatives for coordination purposes. Such meetings shall commence at project kick off and shall continue until completion of the project. The Utility Coordinator shall notify the State at least two (2) weeks in advance of each meeting to allow the State the opportunity to participate in the meeting. The Utility Coordinator shall provide and produce meeting minutes of meetings with said utility companies, owners or owners’ representatives within seven (7) business days. The frequency of such meetings shall be appropriate to the matters under discussion with each utility owner. The meetings shall review:
▪ Activities completed since the last meeting
▪ Problems encountered.
▪ Late activities.
▪ Activities required by the next progress meeting.
▪ Solutions for unresolved and/or anticipated problems.
▪ Information or items required from other agencies/consultants.
b. As required, the Utility Coordinator shall coordinate with the local utilities committees to present a foot print of the State’s projects with represented utility companies and owners. The Utility Coordinator shall also coordinate with other utility committees which may include county, city, or other officials, if needed.
c. The Utility Coordinator shall provide initial project notification letters to affected utility companies, owners, and other concerned parties, if needed.
d. The Utility Coordinator shall provide the State and affected utility companies and owners a Utility Contact List for each project with information such as: (a) Owner’s Name; (b) Contact Person; (c) Telephone Numbers; (d) Emergency Contact Number; (e) E-mail addresses; (f) as well as pertinent information concerning their
respective affected utilities and facilities, including but not limited to: size, number of poles, material, and other information which readily identifies the utilities companies’ facilities.
e. The Utility Coordinator shall advise utility companies and owners of the general characteristics of the Project and provide an illustration of the project footprint for mark-up of the utility facility locations that occupy the project area.
2. REVIEW OF UTILITY’S PROPOSED ADJUSTMENTS
a. Evaluate Alternatives: The Utility Engineer shall evaluate alternatives in the adjustment of utilities balancing the needs of both the State and the Utility.
b. Review Estimates and Schedules: The Utility Engineer shall review the utility adjustment estimates for reasonableness of cost and the timely scheduling of the adjustment.
c. Review Plans for compliance with Utility Accommodation Rules and proposed location data. The responsibility for quality and accuracy of Utility adjustment plans will remain with the Utility Company.
3. UTILITY AGREEMENT REVIEW FOR UTILITY ADJUSTMENTS
The Utility Coordinator shall coordinate with utilities that conflict with highway construction or the “Utility Accommodation Rules” (UAR), and make the utility company aware of these conflicts. The Utility Coordinator shall review utility agreements prepared by the State or the utility companies associated with the funding of adjustments and the occupation of State right of way. Review items shall include:
a. Utility Agreement Assemblies: A packaged agreement consisting of a Utility Joint Use Acknowledgement, Standard Utility Agreements, Plans on 11x17 sheets, Statement of contract work form, Affidavit form and copy of recorded easement, schedule of work and various attachments as detailed in the UAR and the State’s Utility Manual.
i. Utility Agreements: If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement to the Utility Coordinator. The Utility Coordinator shall determine whether or not a compensable interest exists and the owner’s degree of eligibility. The Utility Coordinator shall assist the utility company with adjustment plans and cost
estimate for these adjustments. The Utility Coordinator shall review plans to verify compliance with UAR and verify the proposal will not conflict with highway construction. The Utility Coordinator shall submit a copy of the easement, plans, and estimate to the State by letter recommending approval (6 copies of each). The utility should be reimbursed all cost incurred within their easement limits for replacement in kind.
ii. Utility Acknowledgement: For this project, all Non-Reimbursable Utility Adjustments shall be submitted with the form 1082. The term permit refers to form 1082. The Utility Coordinator shall furnish the appropriate form to the utility company and assist them with adjustment plan preparation. The utility company should submit Form 1082 and adjustment plans to the Utility Coordinator for review. The Utility Coordinator shall review plans to verify compliance with UAR and verify the proposal will not conflict with highway construction. The Utility Coordinator shall submit Form 1082 to the State by letter recommending approval (six copies).
iii. Escrow Agreements: If it is determined that the utility will be adjusted as part of the highway contract; the State’s project manager must be notified immediately. The Utility Coordinator shall determine what funding amount is required based upon the applicable betterment or eligibility ratio. The State shall be notified immediately of the need for an Advanced Funding Agreement (AFA) by the Utility Coordinator. The Engineer shall coordinate the development of the required AFA with the utility owner and the State in accordance with established procedures of the State’s Contracts Services Section. Procure or verify AFA payments have been submitted to the State.
iv. Federal Utility Procedures: Where there is Federal-Aid in the right of way, inclusive of utility costs, the Federal Utility Procedures (FUP) Approval is Federal Highway Administration (FHWA) authorization for TxDOT to assume total oversight of the utility adjustment process. Necessary information for the FUP approval shall include the utility name(s), location(s) of existing facilities by station number and estimated cost of adjustment(s) by utility.
b. The Utility Coordinator shall submit the required number of executed copies of the Utility Agreement assemblies prepared by others, which include the appropriate Forms as detailed in the UAR and supplied by the State, a copy of the recorded easement Deed, plans, and estimate to the State by letter recommending approval (2 original signature and 2 copies of each). The utility should bereimbursed eligible costs incurred within their easement limits forreplacement in kind.” The transmittal should also provide a description of the work being done as well as the estimated cost and schedule of work. The Utility Coordinator shall not perform engineering of relocation plans relative to a particular Utility Agreement.
c. The Utility Coordinator shall determine which utilities will be installed by “Agreement”. The Utility Coordinator shall review ROW-U-JUAs, Utility Agreements and determine necessity of any Escrow Agreements and forward to the State for final approval.
d. The Engineer with the assistance of the Utility Coordinator shall be responsible for the timely coordination, and review of documentation to be included in all the Utility Agreements with such documents conforming to the requirements of 23 C.F.R. Section 645A. The Engineer with the assistance of the Utility Coordinator shall assist in the review of supporting documents to be included with the Utility Agreements.
e. For each Utility, the records for utility owners’ costs shall be in accordance with the requirements of 23 C.F.R. Section 645A, in a format that is compatible with the estimate attached to the Utility Adjustment Agreement and sufficient detail for analysis. The totals for labor, overhead, construction costs, travel, transportation, equipment, materials, supplies and other services shall be shown in such a manner as to permit comparison with the approved estimate.
f. The Engineer shall maintain a complete set of records for Utility Adjustment Costs for each Utility for a period of time sufficient to complete all final payments to the utility companies or owners.
130.5 Utility Adjustment Monitoring and Verification
Utility Adjustment Monitoring and Verification include the utility location installation verification, compliance with Utility Accommodation Rules, monitoring, reporting, and as-built surveying as required for the State.
1. The Engineer shall schedule a Pre-Construction meeting for each utility adjustment for which they are required to perform field verification and inspection duties. The Engineer is responsible for verifying the necessary State representatives are present.
a. The Utility Engineer shall field verify utility adjustments to verify that the new facilities are located according to plans, specifications, and the Proposed Utility Layout. This shall include all surveying and right of way staking as needed to clear the proposed construction.
b. The Utility Engineer shall insure that the utility is in compliance with the TMUTCD, “Storm Water Pollution Prevention Plan” (SW3P), backfill specifications, and restoration of right of way upon completion of work.
3. Status Reports: The Engineer shall provide the State with a status report for utility adjustments on a monthly basis. The State will provide the status report format to the Engineer.
4. Review Payment Request: The Engineer shall review payment requests for conformance with the utility estimate and verify the work has been performed.
5. Notification. The Engineer shall notify the State when Engineer becomes aware of the demobilization, or before the demobilization process ends.
6. As-Built Drawings and GPS File: The Engineer may be required to provide As-Built Drawings and GPS Files per work authorization, as requested by the State.
7. The Utility Company retains all responsibility for all inspections related to compliance with Utility Codes, Industry standards, and design of the Utility Facility.
8. The Engineer shall not provide services for the sole benefit of third parties.
FUNCTION CODE 145(145, 164) – MANAGING CONTRACTED/DONATED PE
The Engineer, in association with the State’s Project Manager shall be responsible for directing and coordinating activities associated with the project to comply with State policies and procedures, and to deliver that work on time.
Project Management and Coordination. The Engineer shall coordinate subconsultant activity to include quality of and consistency of plans and administration of the invoices and monthly progress reports. The Engineer shall coordinate with necessary local entities.
The Engineer shall:
o Prepare monthly written progress reports for each project.
o Develop and maintain a detailed project schedule to track project conformance to Exhibit C, Work Schedule, for each work authorization. The schedule submittals shall be hard copy and electronic format.
o Meet on a scheduled basis with the State to review project progress.
o Attend the 30% and 60% District Design Review Team (DDRT) meetings
o Attend Pavement Design Conference
o Attend District Safety Review Meeting
o Prepare, distribute, and file both written and electronic correspondence.
o Prepare and distribute meeting minutes.
o Document phone calls and conference calls as required during the project to coordinate the work for various team members.
o The Engineer shall submit invoices no later than 30 days after the end of the reporting period. Each invoice shall also include a copy of the progress report or reports for the period covered by the invoice, as well as a summary of physical versus actual percent complete following a template to be provided by the State.
FUNCTION CODE 160(150) – ROADWAY DESIGN
Design Surveys and Construction Surveys
Design Surveys and Construction Surveys include performance of surveys associated with the gathering of survey data for topography, cross-sections, and other related work in order to design a project, or during layout and staking of projects for construction and potential utility relocation.
The purpose of a design survey is to provide field data in support of transportation systems design.
The purpose of a construction survey is to provide field data in support of highway construction.
A design survey is defined as the combined performance of research, field work, analysis, computation, and documentation necessary to provide detailed topographic (3-dimensional) mapping of a project site. A design survey may include, but need not be limited to locating existing right-of- way, cross-sections or data to create cross-sections and Digital Terrain Models (DTM), horizontal and vertical location of utilities and improvements, detailing of bridges and other structures, review of right-of- way maps, establishing control points, etc.
A construction survey is defined as the combined performance of reconnaissance, field work, analysis, computation, and documentation necessary to provide the horizontal and vertical position of specific ground points to be used by the construction contractor for determining lines and grades.
3. TASKS TO BE COMPLETED
3.1. Design Surveys
The State will request design surveys on an as needed basis to supplemental survey previously obtained. This effort is not intended to be all-inclusive for the entire project, only to obtain additional survey needed for this phase of the project.
The Surveys shall perform tasks including, but not limited to the following:
i. Obtain or collect data to create cross-sections and digital terrain models at:
1. Proposed Ramp Locations
2. Proposed interchanges
3. Proposed retaining walls
ii. Locate existing utilities, including sag lines of any overhead utility crossings.
iii. Locate topographical features and existing improvements.
iv. Provide details of existing bridge structures. If accessible, map the underneath of existing bridges including; low chord, abutments, column locations, and other details.
v. Provide details of existing drainage features, (e.g., culverts, manholes, etc.). As-built culvert information to include: flowlines/invert elevations, sizes, material flow direction and provide pictures of each structure
vi. Locate wetlands.
vii. Establish additional and verify existing control points. Horizontal and Vertical control ties must be made and tabulated, to other control points in the vicinity, which were established by other sources such as, the National Geodetic Survey (NGS), and the Federal Emergency Management Agency (FEMA), and any other local entities as directed by the State.
viii. Locate existing right-of-ways.
ix. Locate existing right-of-ways as obtained in the “Right-of-Way Mapping” section.
x. Locate boreholes.
xi. Perform hydrographic surveys with cross sections of stream channels identified by the Engineer. Assume four (4) sections per channel, two (2) sections upstream and two (2) sections downstream at each creek/river crossings.
xii. Update existing control data and prepare survey control data sheets, as directed by the State for inclusion into a construction plan set.
xiii. Inventory existing signs, guardrails and other roadside appurtenances within the ROW. Locate and map all roadway signs within the ROW and provide pictures of each sign.
xiv. Provide construction survey station for utility relocations
The Surveyors shall also prepare a Survey Control Index Sheet and a Horizontal and Vertical Control Sheet(s), signed, sealed and dated by the registered professional land surveyor for insertion into the plan set. The Survey Control Index Sheet shows an overall view of the project control and the relationship or primary monumentation and control used in the preparation of the project; whereas, the Horizontal and Vertical Control sheet(s) identifies the primary survey control and the survey control monumentation used in the preparation of the project. Both the Survey Control Index Sheet and the Horizontal and Vertical Control Sheet(s) must
4.1. Design surveys and construction surveys must be performed under the supervision of a RPLS currently registered with the TBPLS.
4.2. Horizontal ground control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the State.
Reference may be made to standards of accuracy for horizontal control traverses, as described in the TxDOT Survey Manual, latest edition, or the TSPS Manual of Practice for Land Surveying in theState of Texas, as may be applicable.
4.3. Vertical ground control used for design surveys and construction surveys, furnished to the Surveyor by the State or based on acceptable methods conducted by the Surveyor, must meet the standards of accuracy required by the State.
Reference may be made to standards of accuracy for vertical control traverses, as described in the TxDOT Survey Manual, latest edition, or the TSPS Manual of Practice for Land Surveying in theState of Texas, as may be applicable.
4.4. Side shots or short traverse procedures used to determine horizontal and vertical locations must meet the following criteria:
i. Side shots or short traverses must begin and end on horizontal and vertical ground control as described above.
ii. Standards, procedures, and equipment (may be GPS Equipment, LiDAR, Total Stations, etc.) used must be such that horizontal locations relative to the control may be reported within the following limits:
• Bridges and other roadway structures: less than 0.1 of one foot.
• Utilities and improvements: less than 0.2 of one foot.
iii. Standards, procedures, and equipment (may be GPS Equipment, LiDAR, Total Stations, etc.) used must be such that vertical locations relative to the control may be reported within the following limits:
• Bridges and other roadway structures: less than 0.02 of one foot.
• Utilities and improvements: less than 0.1 of one foot.
• Cross-sections and profiles: less than 0.2 of one foot.
• Bore holes: less than 0.5 of one foot.
5. AUTOMATION REQUIREMENTS
a. Planimetric design files (DGN) must be fully compatible with the State’s MicroStation V8i graphics program without further modification or conversion.
b. Electronically collected and processed field survey data files must be fully compatible with the State’s computer systems without further modification or conversion. Files must incorporate only those feature codes currently being used by the State.
c. DTM must be fully compatible with the State’s GEOPAK system without further modification or conversion. DTM must be fully edited and rectified to provide a complete digital terrain model with necessary break lines.
The deliverables to be specified in individual work authorizations for design surveys and construction surveys shall be any combination of the following:
• Digital Terrain Models (DTM) and the Triangular Irregular Network (TIN) files in a format acceptable by the State.
• Maps, plans, or sketches prepared by the Surveyor showing the results of field surveys.
• Computer printouts or other tabulations summarizing the results of field surveys.
• Digital files or media acceptable by the State containing field survey data (ASCII Data files).
• Maps, plats, plans, sketches, or other documents acquired from utility companies, private corporations, or other public agencies, the contents of which are relevant to the survey.
• Field survey notes, as electronic and hard copies.
• An 8 ½ inch by 11 inch survey control data sheet for each control point which must include, but need not be limited to, a location sketch, a physical description of the point including a minimum of two reference ties, surface coordinates, a surface adjustment factor, elevation, and the horizontal and vertical datums used. A pre-formatted survey control data sheet form in Microsoft Office Word 2013 format will be provided by the State.
• A digital and hard copy of computer printouts of horizontal and vertical conventional traverses, GPS analysis and results, and survey control data sheets.
• GEOPAK GPK files and/or OpenRoads GEOPAK files.
• Survey reports in a format requested by the State.
FUNCTION CODE 160(160) - ROADWAY DESIGN
ROADWAY DESIGN CONTROLS
The Engineer shall inform the State of changes made from previous initial meetings regarding each exception, waiver, and variance that may affect the design. The Engineer shall cease work under this task until the exceptions, waivers, and variances have been resolved between the Engineer and the State unless otherwise directed by the State to proceed. The Engineer shall identify, prepare exhibits, and complete necessary forms for Design Exceptions and Waivers within project limits prior to the 30% Submittal. These exceptions shall be provided to the State for coordination and processing of approvals.
160.1. Geometric Design. The Engineer shall:
A. Review Schematic. The Engineer shall review the schematic provided by the State to confirm their understanding of the project and to verify completeness and accuracy of the information. The Engineer shall review the horizontal and vertical alignment of the design schematic in English units for main lanes, ramps,
direct connectors, frontage roads, cross streets, including grade separation structures. The Engineer shall determine vertical clearances at grade separations and overpasses, taking into account the appropriate percent grade and super- elevation rate. . Determined modifications must be coordinated with the State and adjacent Engineers. The State must approve the modifications prior to the Engineer proceeding to the 30% milestone submittal, and prior to starting on the bridge layouts.
B. Preliminary Geometric Project Layout. The Engineer shall develop a preliminary geometric project layout (Layout) and a preliminary 3D model if requested by the State, for the full length of the project to be reviewed and approved by the State prior to the Engineer proceeding with the 30% milestone submittal package.
The Layout must consist of a planimetric file of existing features and the proposed improvements within the existing and any proposed ROW. The Layout must also include the following features: existing and proposed ROW, existing and proposed horizontal and vertical alignment and profile grade line, cross culverts, lane widths, cross slopes, ditch slopes, pavement structure, clear zone, dedicated right turn lanes, corner clips, retaining walls (if applicable) guard rail (if applicable), and water surface elevations for various rainfall frequencies, etc. Existing major subsurface and surface utilities must be shown on the Layout.
The Engineer shall develop the proposed alignment to avoid the relocation of existing utilities as much as possible. The Engineer shall consider Americans with Disabilities Act (ADA) requirements when developing the Layout. The Layout must be prepared in accordance with the current Roadway Design Manual. The Engineer shall provide horizontal and vertical alignment of the project layout in English units for main lanes and cross streets. Minor alignment alternatives must be considered to provide for an optimal design. The project layout must be coordinated with the State and adjacent Engineers, if any. The Engineer shall also provide proposed and existing typical sections with the profile grade line (PGL), lane widths, cross slopes, ROW lines, ditch shapes, pavement structures and clear zones depicted, etc.
The 3D model, if requested by the State, must be created using Bentley’s OpenRoads GEOPAK tools. The 3D model must have enough details to verify the feasibility of the proposed design.
160.2. Roadway Design.
If requested by the State, the Engineer shall use Bentley’s OpenRoads 3D Design technology in the design and preparation of the roadway plan sheets.
The Engineer shall provide roadway plan and profile drawings using CADD standards as required by the State. The drawings must consist of a planimetric file of existing features and files of the proposed improvements. The roadway
base map must contain line work that depicts existing surface features obtained from the schematic drawing. Existing major subsurface and surface utilities must be shown if requested by the State. Existing and proposed right-of-way lines must be shown. Plan and Profile must be shown on separate or same sheets (this depends upon width of pavement) for main lanes, and frontage roads.
The plan view shall contain the following design elements:
• Calculated roadway centerlines for mainlanes, ramps, cross streets and frontage roads, as applicable. Horizontal control points must be shown. The alignments must be calculated using GEOPAK.
• Pavement edges for improvements (mainlanes, ramps, cross streets, driveways and frontage roads, if applicable).
• Lane and pavement width dimensions.
• The geometrics of ramps, auxiliary and managed lanes.
• Proposed structure locations, lengths, and widths.
• Direction of traffic flow on roadways. Lane lines and arrows indicating the number of lanes must also be shown.
• Drawing scale shall be 1”=100’
• Control of access line, ROW lines and easements.
• Begin and end superelevation transitions and cross slope changes.
• Limits of riprap, block sod, and seeding.
• Existing utilities and structures.
• Benchmark information.
• Radii call outs, curb location, Concrete Traffic Barrier (CTB), guard fence, crash safety items and American with Disabilities Act Accessibility Guidelines (ADAAG) compliance items.
The profile view shall contain the following design elements:
• Calculated profile grade for proposed mainlanes (cite direction), , ramps, cross streets and frontage roads, if applicable. Vertical curve data, including “K” values must be shown.
• Existing and proposed profiles along the proposed centerline of the mainlanes, the outside shoulder line of ramps, and the outside gutter line of the designated (north, south, east or west) bound frontage roads.
• Water surface elevations at major stream crossing for 2, 5, 10, 25, 50, and 100 year storms.
• Calculated vertical clearances at grade separations and overpasses, taking into account the appropriate superelevation rate, superstructure depth and required clearance.
• The location of interchanges, mainlanes, grade separations and ramps (shall include cross sections of any proposed or existing roadway, structure, or utility crossing).
The Engineer shall prepare typical sections for proposed and existing roadways and structures. Typical sections must include width of travel lanes, shoulders, outer separations, border widths, curb offsets, managed lanes, and ROW. The typical section must also include Proposed Profile Gradeline (PGL), centerline, pavement design, longitudinal joints, side slopes, sodding or seeding limits, concrete traffic barriers and sidewalks, if required, station limits, common proposed and existing structures including retaining walls, existing pavement removal, riprap, limits of embankment and excavation, etc.
160.4. Mainlane and Frontage Road Design: The Engineer shall provide the design of mainlanes with full shoulders, frontage roads, entrance and exit ramps, auxiliary lanes. The design must be consistent with the approved schematic or refined schematic and the current TxDOT Roadway Design Manual.
160.5. Interchange. The Engineer shall be responsible for the complete design of the mainlanes and ramps, interchanges and auxiliary lanes as shown on the schematic. The State will provide the structural details of the direct connectors interchange or the State may request the Engineer to provide the structural details of the direct connectors interchange. The interchange design must be consistent with the schematic design and must include a plan and profile of the thoroughfares, intersection layout, drainage structures, sidewalks, geometrics, signalization, turnaround details, and transitions to existing roadway. The Engineer shall include the structural details of the direct connectors interchange with the PS&E submittal.
160.6. Cross Streets. The Engineer shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout must include the horizontal and vertical alignments, curb returns, geometrics, transition length, stationing, pavement, drainage details, and American with Disabilities Act Accessibility Guidelines (ADAAG) compliance items. The Engineer shall design for full pavement width to the ROW and provide a transition to the existing roadway.
160.7. Cut and Fill Quantities and Cross Sections. The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 100 feet intervals. Cross sections must be delivered in standard GEOPAK format on 11”x17” sheets or roll plots and electronic files. The Engineer shall provide criteria and input files used to generate the design cross sections. Cross sections and quantities must include existing pavement removals. Annotation shall include at a minimum existing and proposed ROW, side slopes (front & back), profiles, retaining wall/bridge structure label/ street names, pavement structure, existing and proposed utilities, existing and proposed storm drain, etc.
The Engineer shall submit six (6) sets of drawings at the 30%, 60%, and 90%, and final submittals, respectively. If requested by the State, the Engineer shall also submit the current OpenRoads generated 3D model for each submittal.
160.8. Plan Preparation. The Engineer shall prepare roadway plans, profiles and typical sections for the proposed improvements. Prior to the 30% submittal, the Engineer shall schedule a workshop to review profiles, OpenRoads 3D models (if applicable) and cross-sections with the State. The profile must depict the 2, 5, 10, 25, 50, 100 and 500 year (if available) water surface elevations. The drawings will provide an overall view of the roadway and existing ground elevations with respect to the various storm design frequencies for the length of the project. This will enable the State to determine the most feasible proposed roadway profile. The State will approve the proposed profiles, 3D models (if applicable), and cross sections before the Engineer continues with the subsequent submittals. This scope of services and the corresponding cost proposal are based on the Engineer preparing plans to construct freeway main lanes, ramps, frontage roads, and cross streets at intersections. The roadway plans must consist of the types and be organized in the sequence as described in the PS&E Preparation Manual.
160.9. Wetlands Information. From the information provided by the State, the wetland areas are to be staked, fenced and the delineation surveyed by the Engineer. The survey data must be electronically transferred to the Plan and Profile (P&P) sheets and the volumes calculated for the delineated areas.
160.10. Pavement Design. If applicable, the Engineer shall incorporate the pavement design developed by the State for this project. If the pavement design is not available, the State may request the Engineer to perform pavement design and submit to State for review and approval. Proposed pavement design may include temporary detour pavement.
160.11. Pedestrian and Bicycle Facilities. The Engineer shall coordinate with the State to incorporate pedestrian and bicycle facilities as required or shown on the project’s schematic. Pedestrian and bicycle facilities must be designed in accordance with the latest Americans with Disabilities Act Accessibility Guidelines (ADAAG), the Texas Accessibility Standards (TAS), and the AASHTO Guide for the Development of Bicycle Facilities
FUNCTION CODE 160(161) - ROADWAY DESIGN
The State will provide the Drainage/Hydraulic report developed for the schematic to the Engineer. The Engineer will include the Drainage/Hydraulic design data into the PS&E plan sheets. The Engineer will provide the results of additional Drainage/Hydraulic studies will provide them in Technical Memorandum format.
161.1. Data Collection. The Engineer shall provide the following data collection services:
1. Conduct field inspections to observe current conditions at the outfall channels, the cross drainage structures, drainage easements, the tributary channel, and land development projects that contribute flow to the tributary. Document field inspections with digital photos in memo or letter report format.
2. Collect available applicable data including GIS data and maps, site survey data, construction plans, previous reports and studies, and readily available rainfall history for the area. Particular sources of data collected may include, but are not limited to, the State, County, Federal Emergency Management Agency (FEMA), and other Federal agencies.
3. Collect available Flood Insurance Rate Maps (FIRMs), Flood Insurance Study (FIS) study data, and hydrology /hydraulic models.
4. Review survey data and coordinate any additional surveying needs with the State.
5. At the State’s request, existing drainage structures shall be represented in a 3D MicroStation model.
6. Meet with local government officials to obtain historical flood records. Interview local residents or local government employees to obtain additional high-water information if available. Obtain frequency of road closure and any additional high-water information from the District Maintenance office.
7. Submit a letter report to the State Project Manager detailing completion of data collection.
161.2. Hydrologic Studies. The Engineer shall provide the following services:
1. Incorporate in the hydrologic study a thorough evaluation of the methodology available, comparison of the results of two or more methods, and calibration of results against measured data, if available.
2. Calculate discharges using appropriate hydrologic methods and as approved by the State.
3. Consider the pre-construction and post-construction conditions in the hydrologic study, as required in the individual Work Authorization.
4. Obtain the drainage area boundaries and hydrologic parameters such as impervious covered areas, and overland flow paths and slopes from appropriate sources including, but are not limited to, topographic maps, LiDAR data, Soil Survey from NRCS maps, GIS modeling, construction plans, and existing hydrologic studies. The Engineer shall not use existing hydrologic studies without assessing of their validity. If necessary, obtain
additional information such as local rainfall from official sites such as airports.
5. Include, at a minimum, the “design” frequency to be specified in the Work Authorization and the 1% Annual Exceedance Probability (AEP) storm frequency. The design plans must include the full range of frequencies (50%, 20% 10%, 4%, 2%, 1%, and 0.2% AEP).
6. Compare calculated discharges to the effective FEMA flows. If calculated discharges are to be used in the model instead of the effective FEMA flows, full justification must be documented.
161.3. Complex Hydraulic Design and Documentation. The Engineer shall provide the following services:
1. Gather information regarding existing drainage facilities and features from existing plans and other available studies or sources.
2. Perform hydraulic design and analysis using appropriate hydraulic methods, which may include computer models such as HEC-RAS, unsteady HEC-RAS or 2D models such as SWMM. 2D models shall not be developed without the express permission of the State. Data entry for appropriate hydraulic computer programs shall consist of a combination of both on-the-ground survey and other appropriate sources including but not limited to topographic maps, LiDAR, GIS modeling, and construction plans and existing hydrologic studies.
3. Use the current effective FEMA models, where appropriate, as a base model for the analysis. If a “best available data” model is provided by the local floodplain administrator, it must be utilized accordingly for this analysis. Review the provided base model for correctness and updated as needed. If the provided effective model is not in a HEC-RAS format, convert it to HEC-RAS for this analysis.
4. If the appropriate hydrologic model requires storage discharge relationships, develop HEC-RAS models or other State’s approved models that will compute these storage discharge relationships along the channel.
5. Consider pre-construction, present and post-construction conditions, as well as future widening, as determined in the Work Authorization.
6. Quantify impacts, beneficial or adverse, in terms of increases in peak flow rates and water surface elevations for the above listed hydraulic conditions and hydrologic events. Impacts will be determined both upstream and downstream of the bridge and culvert crossings.
7. If required in the individual Work Authorization, compute right of way corridor 1% AEP flood plain volumes for existing and proposed roadway elevations. The Engineer shall provide mitigation to offset a decrease in 1% AEP flood plain volumes.
8. Use hydrograph calculations and peak flows to determine the storage required.
9. If necessary, present mitigation measures along with the advantages and disadvantages of each. Each method must consider the effects on the entire area. Include approximate construction costs in the report.
10. Provide hand calculations which quantify the cut and fill within the 1% AEP flood plain, if any.
161.4. Storm Drains
The Engineer shall provide the following services:
1. Design and analyze storm drains using software as approved by the State.
2. Size inlets, laterals, trunk line and outfall. Develop designs that minimize the interference with the passage of traffic or incur damage to the highway and local property in accordance with the State’s Hydraulic Design Manual, District criteria and any specific guidance provided by the State. Storm drain design software shall be selected as directed by the Work Authorization.
3. Determine hydraulic grade line starting at the outfall channel for each storm drain design. Use the design water surface elevation of the outfall as the starting basis (tailwater) for the design of the proposed storm sewer system.
4. Calculate manhole head losses. Compute manhole head losses as per FHWA’s HEC-22.
5. Limit discharge into existing storm drains and existing outfalls to the capacity of the existing system, which will be determined by the Engineer. Evaluate alternate flow routes or detention, if necessary, to relieve system overload. Determine the amount of the total detention storage to control storm drain runoff for the design frequency based on hydrograph routing for the full range of frequencies (50%, 20% 10%, 4%, 2%, 1%, and 0.2% AEP), as well as a rough estimate of the available on-site volume. When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic gradeline throughout the whole system, within project limits, for the design frequency or frequencies. The Engineer shall coordinate with the State any proposed changes to the detention systems. The State will assess the effects of such changes on the comprehensive drainage studies.
6. Identify areas requiring trench protection, excavation, shoring, and de- watering.
161.5. Cross-Drainage Structures:
The Engineer shall provide the following services:
1. Determine drainage areas and flows for cross culvert drainage systems.
2. Determine the sizing of the drainage crossings. The scope may include extending, adjusting or replacing non bridge-class culvert crossing or crossings as specified in the Work Authorization. Develop designs that
minimize the interference with the passage of traffic or cause damage to the highway and local property in accordance with the State’s Hydraulic Design Manual, District criteria and any specific guidance provided by the State. Cross drainage design shall be performed using HY-8 or HEC RAS.
161.6. Temporary Drainage Facilities:
The Engineer shall provide the following services:
1. Develop plans for temporary drainage facilities necessary to allow staged construction of the project and to conform with the phasing of adjacent construction projects without significant impact to the hydraulic capacity of the area. Drainage area maps are not required for temporary drainage.
161.7. Scour Analysis.
The Engineer shall provide the following services:
1. Perform a scour analysis for each proposed bridge structure.
2. Prepare each scour analysis using a State-approved methodology listed in the Work Authorization. The Engineer shall select the methodology based on the site conditions such as the presence of cohesive or cohesionless soil, rock or depth of rock, proposed foundation type, and existing site performance. The Engineer shall follow the methodology outlined in the State Geotechnical Manual. The Engineer shall coordinate with the State prior to commencing any work on any Stream Migration Study. This coordination must include consultation with the appropriate State technical expert.
3. Provide the State the potential scour depths, envelope and any recommended countermeasures including bridge design modifications and/or revetment.
161.8. Environmental Permits:
The Engineer shall notify the State project manager when site conditions may require environmental permits such as Nationwide Permit, §404 Individual Permits (including mitigation and monitoring) and U. S. Coast Guard and U.S. Army Corps of Engineers §10 Permits. Environmental permitting services will be provided as needed, at the written request of the State’s Project Manager.
161.9. Plans, Specifications and Estimates (PS&E) Development for Hydraulics: The Engineer shall provide the following services:
a. Prepare the PS&E package in accordance with the applicable requirements of the State’s specifications, standards, and manuals, including the PS&E Preparation Manual. Include the following sheets and documents, as appropriate:
l. Identify existing ground elevation profiles at the ROW lines on storm sewer plan and profile sheets.
m. Prepare Hydraulic Data Sheets for any bridge or bridge-class cross drainage structures at the outfall channel and indicate site location (e.g., station and name of creek or bayou), if applicable.
n. Develop a 3D model of the proposed drainage structures using the SUE or SUEDA capabilities of the Bentley Civil Product, if requested by the State.
o. Develop layouts for the following:
i. Subsurface drainage at retaining walls.
ii. Outfall channels within existing ROW.
iii. Bridge deck drainage systems, including internal drainage piping within the bents where required on structures.
iv. Detention ponds, associated outlet structures, and details, if applicable. If information is not available at the time of initial scoping, this work shall be considered as additional work.
FUNCTION CODE 160(162) - ROADWAY DESIGN
SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION (PERMANENT)
162.1. Signing. The Engineer shall prepare drawings, specifications, and details for signs. The Engineer shall coordinate with the State (and other Engineers as required) for overall temporary, interim and final signing strategies and placement of signs outside contract limits. The Engineer shall:
o Prepare sign detail sheets for large guide signs showing dimensions, lettering, shields, borders, corner radii, etc., and shall provide a summary of large and small signs to be removed, relocated, or replaced.
o Designate the shields to be attached to guide signs.
o Illustrate and number the proposed signs on plan sheets.
o Select each sign foundation from State Standards.
o Select type of overhead sign bridges.
o Prepare sign elevations for overhead sign bridges
162.2. Pavement Marking. The Engineer shall detail both permanent and temporary pavement markings and channelization devices on plan sheets. The Engineer shall coordinate with the State (and other Engineers as required) for overall
temporary, interim, and final pavement marking strategies. The Engineer shall select Pavement markings from the latest State standards.
If requested by the State, the Engineer shall provide a 3D model with the proposed pavement marking stenciled onto the model.
The Engineer shall provide the following information on sign and pavement marking layouts:
o Roadway layout.
o Center line with station numbering.
o Designation of arrow used on exit direction signs
o Culverts and other structures that present a hazard to traffic.
o Location of utilities.
o Existing signs to remain, to be removed, to be relocated or replaced.
o Proposed signs (illustrated, numbered and size).
o Proposed overhead sign bridges to remain, to be revised, removed, relocated, or replaced.
o Proposed overhead sign bridges, indicating location by plan
o Proposed markings (illustrated and quantified) which include pavement markings, object markings and delineation.
o Quantities of existing pavement markings to be removed.
o Proposed delineators, object markers, and mailboxes.
o The location of interchanges, mainlanes, grade separations, frontage roads and ramps.
o The number of lanes in each section of proposed highway and the location of changes in numbers of lanes.
o Right-of-way limits.
o Direction of traffic flow on roadways.
162.3. Traffic Warrant Studies. The Engineer shall prepare a traffic signal warrant study to support their recommendation for the continuous activation of an existing traffic signal or a proposed traffic signal based on existing or projected volumes as requested by the State.
162.4. Traffic Signals. Based upon the results of the Traffic Warrant Studies, the Engineer shall identify and prepare Traffic Signal Plans for warranted traffic signals. The Engineer shall confirm the power source for signals and coordinate with the appropriate utility agency. Traffic Signal Plans must be signed and sealed by a Texas Registered Professional Engineer. The Engineer shall develop quantities, general notes, specifications and incorporate the appropriate agency standards required to complete construction. Traffic signal poles, fixtures, signs, and lighting must be designed per the recommendations and standards.
The Engineer shall implement each proposed traffic signal improvement within existing State ROW unless otherwise approved by the State. The Engineer shall
refer to latest version of the TMUTCD, Traffic Signal Manual, and The State’s traffic standards for work performed for either temporary or permanent traffic signals. The Engineer shall develop and include a timing plan for each signal improvement.
The Engineer shall provide the following information in the Traffic Signal Plans:
a. Estimate and quantity sheet
• List of bid items
• Bid item quantities
• Specification item number
• Paid item description and unit of measure
b. Basis of estimate sheet (list of materials)
c. General notes and specification data.
d. Condition diagram
• Existing Highway and intersection design features including utilities
• Roadside development
e. Plan sheet(s)
• Existing traffic control that will remain (signs and markings)
• Existing utilities
• Proposed highway improvements
• Proposed signal installation
• Proposed additional traffic controls
• Proposed illumination attached to signal poles.
• Proposed power pole source
f. Notes for plan layout
g. Phase sequence diagram(s)
• Signal locations
• Signal indications
• Phase diagram
• Signal sequence table
• Flashing operation (normal and emergency)
• Preemption operation (when applicable)
• Contact responsible Agency to obtain interval timing, cycle length and offset
j. Aerial or underground interconnect details (when applicable)
2. General Requirements
a. Contact local utility company
• Confirm power source
b. Prepare governing specifications and special provisions list
c. Prepare project estimate
d. Conduct traffic counts and prepare Traffic Signal Warrant Studies for all proposed and existing traffic signals at designated locations.
3. Summary of Quantities
a. Small signs tabulation
b. Large signs tabulation including guide signs
4. Sign Detail Sheets
a. Signs except route markers
b. Design details for large guide signs
c. Dimensioning (letters, shields, borders, etc.)
d. Designation of shields attached to guide signs
FUNCTION CODE 160(163) - ROADWAY DESIGN
The Engineer shall provide the following services:
163.1. Retaining Walls and Miscellaneous Structures. The Engineer shall develop each retaining wall design and determine the location of each soil boring needed for the foundation design of each retaining wall in accordance with the Geotechnical Manual. If weak foundation soils are discovered that require remediation or treatment, additional geotechnical evaluation and design services will be provided as needed, at the written request of the State’s Project Manager. Prior to preparation of retaining wall layouts, the Engineer shall prepare a comparative cost analysis of different types of retaining walls versus roadway embankment, pavement, soil stabilization, retaining walls type, and available ROW to determine optimum selection based on economics, construction time duration, ROW encroachments (need for construction easements) and construction feasibility. The Engineer shall submit early in the plan preparation the retaining wall layouts to obtain approval from the State. The Engineer shall incorporate necessary information from above referenced manuals and respective checklists into the retaining wall layouts. For stage construction, the Engineer shall indicate limits of existing retaining walls for removal and reconstruction, and determine limits of temporary retaining walls to be shown on the Traffic Control Plan.
For projects designed using Bentley’s OpenRoads 3D modelling Technology, the retaining walls shall be represented in the 3D model.
The approximate limits of each retaining wall shall be based on Station or length. The Engineer shall notify the State the type of retaining walls that will be used for and Cut and Fill location. Retaining wall types must include:
o Spread Footing Walls (High Footing Pressure Design and Low Footing Pressure Design). The Engineer shall select a spread footing wall for fill situation when considerable room behind the walls is available for forming, constructing, and backfilling the footings and stem. The Engineer shall notify the State when the quantity is less than 1000 square feet to have as option in the plans to cast in place a spread footing wall design. This selection has to be approved to State.
o Mechanically Stabilized Earth (MSE) Walls. The Engineer shall prepare the retaining wall layouts showing plan and profile or retaining walls for design by a State approved vendor. The Engineer is responsible for design of geometry and wall stability. The Engineer shall incorporate a slope of 4:1 or flatter from the existing and finished ground line elevation to the face of the retaining wall.
o Concrete Block Walls (Structural and Landscape).
o Tied Back Walls.
o Soil Nailed Walls.
o Rock Nailed Walls.
o Drilled Shaft Walls.
o Temporary MSE Walls.
o Temporary Shoring.
The Engineer shall provide layouts (scale 1”=100’), elevations, quantity estimate, summary of quantities, typical cross sections and structural details of retaining walls within the project limits.
Approximate lengths of the retaining walls as shown on the schematic shall be listed in a Work Authorization.
The Engineer shall determine if any additional walls are required and verify the need for and length of the retaining walls as shown on the schematic. The Engineer shall design for additional wall locations (including noise walls) within the projects limits, at the written request of the State’s Project Manager.
If applicable, the State will provide architectural standard drawings. The “SAN ANTONIO DISTRICT AESTHETIC GUIDELINES - HILL COUNTRY REGION”
standards will be provided by the State. The Engineer shall incorporate architectural standard drawings into design details (provided by the State). The specific requirements for each item are as follows:
(7) Wall dimensions and alignment relations (alignment data as necessary)
(8) Soil boring locations
(9) Drainage, signing, lightning, etc. that is mounted on or passing through the wall.
(10) Subsurface drainage structures or utilities which could be impacted by wall construction.
(a) Top of wall elevations
(b) Existing and finished ground line elevations
(c) Vertical limits of measurement for payment
(d) Type, limits and anchorage details of railing (only if Traffic Railing foundation standard is not being used on this project)
(e) Top and bottom of wall profiles plotted at correct station & elevation.
(g) Any soil improvement, if applicable.
(h) Drainage, signing, lighting etc. as noted above
(i) Drainage structures and utilities as noted above
3. Sectional View:
(a) Reinforced volume
(b) Underdrain location
(c) Soil improvements, if applicable.
4. General Guidelines for Retaining Walls
(a) The Engineer shall perform design calculations to check the external stability of the walls including slope stability, bearing, sliding and overturning and detail drawings in accordance with the standard requirements of the State.
(b) For retaining wall submittals, the Engineer shall check State’s Bridge Division website for current requirements.
163.2. Traffic Control Plan, Detours, Sequence of Construction. The Engineer shall prepare Traffic Control Plans (TCP) including TCP typical sections, for the project. The Engineer shall complete Form 2229-Significant Project Procedures along with Page 4 of Form 1002, specifically titled Accelerated Construction Procedures. A detailed TCP must be developed in accordance with the latest edition of the TMUTCD. The Engineer shall implement the current Barricade and Construction (BC) standards and TCP standards as applicable. The Engineer shall interface and coordinate phases of work, including the TCP, with adjacent Engineers The Engineer shall:
1. Provide a written narrative of the construction sequencing and work activities per phase and determine the existing and proposed traffic control devices (regulatory signs, warning signs, guide signs, route markers, construction pavement markings, barricades, flag personnel, temporary traffic signals, etc.) to be used to handle traffic during each construction sequence. The Engineer shall show proposed traffic control devices at grade intersections during each construction phase (stop signs, flagperson, signals, etc.). The Engineer shall show temporary roadways, ramps, structures (including railroad shoo-fly) and detours required to maintain lane continuity throughout the construction phasing. If temporary shoring is required, prepare layouts and show the limits on the applicable TCP.
2. Coordinate with the State in scheduling a District Traffic Safety Review Team (DTSRT) Control Workshop and submittal of the TCP for approval by the Traffic Control Approval Team (TCAT). The Engineer shall assist the State in coordinating mitigation of impacts to adjacent schools, emergency vehicles, pedestrians, bicyclists and neighborhoods.
3. Develop each TCP to provide continuous, safe access to each adjacent property during phases of construction and to preserve existing access. The Engineer shall notify the State in the event existing access must be eliminated, and must receive approval from the State prior to any elimination of existing access.
4. Design temporary drainage to replace existing drainage disturbed by construction activities or to drain detour pavement. The Engineer shall show horizontal and vertical location of culverts and required cross sectional area of culverts.
5. Prepare each TCP in coordination with the State. The TCP must include interim signing for every phase of construction. Interim signing must include regulatory, warning, construction, route, and guide signs. The Engineer shall interface and coordinate phases of work, including the TCP, with adjacent Engineers, which are responsible for the preparation of the PS&E for adjacent projects.
6. Maintain continuous access to abutting properties during all phases of the TCP. The Engineer shall develop a list of each abutting property along its alignment. The Engineer shall prepare exhibits for and attend meetings with the public, as requested by the State.
7. Make every effort to prevent detours and utility relocations from extending beyond the proposed Right-of-way lines. If it is necessary to obtain additional permanent or temporary easements and Right-of-Entry, the Engineer shall notify the State in writing of the need and justification for such action. The Engineer shall identify and coordinate with utility companies for relocations required.
8. Describe the type of work to be performed for each phase of sequence of construction and any special instructions (e.g. storm drain, culverts, bridges, railing, illumination, signals, retaining walls, signing, paving surface sequencing or concrete placement, ROW restrictions, utilities,
etc.) that the contractor should be made aware to include limits of construction, obliteration, and shifting or detouring of traffic prior to the proceeding phase.
9. Include the work limits, the location of channelizing devices, positive barrier, location and direction of traffic, work area, stations, pavement markings, and other information deemed necessary for each phase of construction.
10. Identify and delineate any outstanding ROW parcels.
11. Delineate areas of wetlands on traffic control plans (previously identified from the environmental study) on traffic control plans.
163.3 Temporary Traffic Signals and Illumination: The Engineer shall immediately notify the State if the Engineer determines that an existing traffic signal or roadway illumination will be affected by the project. The Engineer shall address the adjustment or realignment of traffic signal heads and the use of detection for mainlanes and side streets on the plans as directed by the State. The Engineer shall obtain traffic movement counts to address any new timing plans to minimize the impact during construction and to determine the storage length needed for left and right turn movements. The Engineer shall address lighting of signalized intersections and shall coordinate with local utilities as approved by the State.
163.4. Illumination. The Engineer shall refer to TxDOT’s Highway Illumination Manual and other deemed necessary State approved manuals for design safety lighting. The Engineer shall include safety lighting as part of each design on each flashing beacon and traffic signal. The Engineer shall provide a preliminary layout for initial review and approval by the State. The Engineer shall prepare circuit wiring diagrams showing the number of luminaries on each circuit, electrical conductors, length of runs, service pole assemblies. Underpass lighting must be used on structures within each project. The Engineer shall integrate existing illumination within the project limits into the proposed design. The Engineer shall coordinate with the State to determine the location of proposed underpass lighting.
16.3.5. Storm Water Pollution Prevention Plans (SW3P). The Engineer shall develop SW3P, on separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving waterways. The SW3P must include text describing the plan, quantities, type, phase and locations of erosion control devices and any required permanent erosion control.
163.6. Compute and Tabulate Quantities. The Engineer shall provide the summaries and quantities within formal submittals.
163.7. Special Utility Details (Water, Sanitary Sewer, etc.) The Engineer shall develop PS&E special details to accommodate or adjust water and/or wastewater utilities. Prior to developing any special utility detail, the Engineer shall notify the State in writing regarding each utility conflict that may require an accommodation. As directed by the State the Engineer shall coordinate with each utility to develop
each special detail. The Engineer shall develop each utility detail or accommodation in compliance with the State’s Utility Accommodation Rules. The Engineer shall prepare each plan sheet, detail sheet, special specification, special provision, and special note required to incorporate the details into the State’s plans. Special utility details are not to be confused with utility adjustment/conflict resolution design, which will be provided by each respective utility facility owner or under a separate work authorization.
163.8. Miscellaneous Structural Details. The Engineer shall provide necessary details required to supplement standard details.
163.9. Agreements (Railroad, etc.) and Layouts. The Engineer shall identify each railroad or other agency agreement required, as directed by the State. The Engineer shall coordinate with each railroad or agency and the State to determine submittal requirements, processing schedules, and exhibit formats. Preparing the agreements, exhibits and layouts shall be completed as detailed under a work authorization.
163.10. Testimony for Right of Way Hearings. If required, the Engineer shall support and testify in possible Right of Way hearings, as the Engineer of Record for the project. As requested by the State or the Attorney General’s office, the Engineer shall be required to do the following:
• Research, study, analyze and review the project and the assigned parcels for acquisition;
• Prepare litigation designs and standard 8.5 x 11 inch, 11 x 17 inch or 24 x 36 inch paper exhibits. These deliverables are considered to be litigation documents and not engineering documents requiring a P.E. seal;
• Be available to prepare for and testify at hearings, depositions and trials, and;
• Be available to assist and consult with the Attorney General’s Office, with case preparation.
163.11. Estimate. The Engineer shall independently develop and report quantities necessary to construct the contract in standard State bid format at the specified milestones and Final PS&E submittals. The Engineer shall prepare each construction cost estimates using Estimator or any approved method. The estimate shall be provided at each milestone submittal or in DCIS format at the 95% and Final PS&E submittals per State’s District requirement
163.12. Contract time determination. The Engineer shall prepare a detailed contract time estimate to determine the approximate time required for construction of the project in calendar and working days (based on the State standard definitions of calendar and working days) at the 95% and Final PS&E milestone. The schedule must include tasks, subtasks, critical dates, milestones, deliverables, and review requirements in a format which depicts the interdependence of the
various items and adjacent construction packages. The Engineer shall provide assistance to the State in interpreting the schedule.
163.13. Specifications and General Notes. The Engineer shall identify necessary standard specifications, special specifications, special provisions and the appropriate reference items. The Engineer shall prepare General Notes from the District’s Master List of General Notes, Special Specifications and Special Provisions for inclusion in the plans and bidding documents. The Engineer shall provide General Notes, Special Specifications and Special Provisions in the required format.
163.14. Quality Control \ Quality Assurance and Constructability Review. The Engineer shall provide Quality Review of the constructability PS&E sets.
The Engineer shall perform constructability reviews at major project design milestones (e.g. 30%, 60%, 90%, and final plan) to identify potential constructability issues and options that would provide substantial time savings during construction. The constructability review must be performed for roadway and structural elements such as Sequence of Work/Traffic Control, Drainage (Temporary and Permanent), Storm Water Pollution Prevention Plan (SW3P), Environmental Permits, Issues and Commitments (EPIC) addressed, identify Utility conflicts; ensuring accuracy and appropriate use of Items, Quantities, General Notes, Standard and Special Specifications, Special Provisions, Contract Time/Schedule, Standards; and providing detailed comments in an approved format. Reviews must be captured in a Constructability Log identifying areas of concern and potential conflict. The Engineer shall provide the results of Constructability reviews and recommendations to the State at major project design milestone submittals.
there are variances in the designated work area of Level D, a new schematic or plan layout will be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways.
c. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B. If there are variances in the designated work area of Level D, a new schematic or plan layout will be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways.
d. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Incorporates quality levels B, C and D information to produce Quality Level A.
2. DESIGNATE (QUALITY LEVEL B):
Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services are inclusive of Quality levels C and D.
The Engineer shall:
a. As requested by the State compile "As Built" information from plans, plats and other location data as provided by the utility owners.
b. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to verify accuracy and completeness.
c. Designate, record, and mark the horizontal location of the existing utility facilities and their service laterals to the apparent existing right-of-way (ROW) using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated unless authorized by the State. A non-water base paint, utilizing the APWA color code scheme, must be used on all surface markings of underground utilities.
d. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. A color-coded composite utility facility plan with utility owner names, quality levels, line sizes and subsurface utility locate (test hole) locations, shall be prepared and delivered to the State. It is understood by both the Engineer and the State that the line sizes of designated utility facilities detailed on the deliverable are from the best available records and that an actual line size is normally determined from a test hole vacuum excavation. A note must be placed on the designate deliverable only that states "lines sizes are from best available records". All above ground appurtenance locations must be included in the deliverable to the State. This information shall be provided in the latest version of Micro Station or Geopak used by the State. The electronic file will be delivered on CD or DVD, as required by the State. A hard copy is required and must be signed, sealed, and dated by the Engineer. When requested by the State, the designated utility information must be over laid on the State’s design plans.
e. Determine and inform the State of the approximate utility depths at critical locations as determined by the State. This depth indication is understood by both the Engineer and the State to be approximate only and is not intended to be used preparing the right of way and construction plans.
f. Provide a monthly summary of work completed and in process with adequate detail to verify compliance with agreed work schedule.
g. Close-out permits as required.
h. Clearly identify all utilities that were discovered from quality levels C and D investigation, but cannot be depicted in quality level B standards. These utilities must have a unique line style and symbology in the designate (Quality Level B) deliverable.
i. Comply with all applicable State policy and procedural manuals.
3. SUBSURFACE UTILITY LOCATE (TEST HOLE) SERVICE (QUALITY LEVEL A)
Locate means to obtain precise horizontal and vertical position, material type, condition, size and other data that may be obtainable about the utility facility and its surrounding environment through exposure by non- destructive excavation techniques that verifies the integrity of the utility facility. Subsurface Utility Locate (Test Hole) Services (Quality Level A) are inclusive of Quality Levels B, C, and D.
The Engineer shall:
a. Review requested test hole locations and advise the State in the development of an appropriate locate (test hole) work plan relative to the existing utility infrastructure and proposed highway design elements.
b. Coordinate with utility owner inspectors as may be required by law or utility owner policy.
c. Neatly cut and remove existing pavement material, such that the cut not to exceed 0.10 square meters (1.076 square feet) unless unusual circumstances exist.
d. Measure and record the following data on an appropriately formatted test hole data sheet that has been sealed and dated by the Engineer:
i. Elevation of top and/or bottom of utility tied to the datum of the furnished plan.
ii. Identify a minimum of two benchmarks utilized. Elevations shall be within an accuracy of 15mm (.591 inches) of utilized benchmarks.
iii. Elevation of existing grade over utility at test hole location.
iv. Horizontal location referenced to project coordinate datum.
v. Outside diameter of pipe or width of duct banks and configuration of non-encased multi-conduit systems.
e. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, cathodic protection or other protective coverings and features. Water excavation can only be utilized with written approval from the appropriate State District Office.
f. Be responsible for any damage to the utility during the locating process. In the event of damage, the Engineer shall stop work, notify the appropriate utility facility owner, the State and appropriate regulatory agencies. The regulatory agencies include, but are not limited to the Railroad Commission of Texas and the Texas Commission on Environmental Quality. The Engineer shall not resume work until the utility facility owner has determined the corrective action to be taken. The Engineer shall be liable for all costs involved in the repair or replacement of the utility facility.
g. Back fill all excavations with appropriate material, compact backfill by mechanical means, and restore pavement and surface material. The Engineer shall be responsible for the integrity of the backfill and surface restoration for a period of three years. Install a marker ribbon throughout the backfill.
h. Furnish and install a permanent above ground marker (as specified by the State, directly above center line of the utility facility.
i. Provide complete restoration of work site and landscape to equal or better condition than before excavation. If a work site and landscape is not appropriately restored, the Engineer shall return to correct the condition at no extra charge to the State.
j. Plot utility location position information to scale and provide a comprehensive utility plan sign and sealed by the responsible Engineer. This information shall be provided in the latest version of Micro Station or Geopak format used by the State. The electronic file will be delivered on C.D or DVD. When requested by the State, the Locate information must be over laid on the State’s design plans.
k. Return plans, profiles, and test hole data sheets to the State. If requested, conduct a review of the findings with the State.
Utility Engineering includes the identification of utility conflicts, coordination, compliance with the UAR, and resolution of utility conflicts. The Engineer shall coordinate all activities with the State, or the State’s designee, to facilitate the orderly progress and timely completion of the State’s design phase.
1. COORDINATION OF ENGINEERING ACTIVITIES
a. Utility Layout: The Engineer shall maintain a utility layout in the latest version of Micro Station used by the State. This layout shall include existing utilities which are to remain in place or be abandoned, and all adjusted utilities. This layout shall be utilized to monitor the necessity and evaluate alternatives. The Utility Engineer shall utilize the layout of existing utilities as prepared, if available, and make a determination of the following:
i. Facilities in conflict with the proposed project that are to be relocated.
ii. Facilities to be abandoned in place.
iii. Facilities to remain in service and in place as a result roadway design adjustments and meeting the current UAR.
2. The Engineer shall not provide services for the sole benefit of third parties.
3. The Engineer shall coordinate and review PS&E for utilities included in the construction contract.
4. Utility Certification/Special Provisions: The Utility Engineer shall submit upon request from the State, a Utility Certification or a Special Provisions report. The Utility Certification or Special Provisions report will certify that utilities are clear for highway construction. However, if the utility adjustments are not complete prior to highway project letting, a Special Provision shall be required outlining all outstanding utility conflicts and their effects on highway construction. Furthermore, a Utility Clearance schedule, signed by the utility owner shall be provided with the certification as noted above. The formats for the Certification and the Clearance schedule will be provided by the State.
5. The Utility Coordinator shall review the executed copies of the Utility Agreement assemblies, which include the appropriate Forms as detailed
in the UAR and supplied by the State, a copy of the recorded easement Deed, plans, and estimate to the State by letter recommending approval (2 original signature and 2 copies of each). The Transmittal letter should include the following statement “The proposed utility adjustment will notconflict with proposed highway construction and will comply with UAR.The utility should be reimbursed eligible costs incurred within theireasement limits for replacement in kind.” The transmittal should also provide a description of the work being done as well as the estimated cost and schedule of work. The Engineer shall not perform engineering of relocation plans relative to a particular Utility Agreement under this contract as this is a cost of Right of Way that is subsidiary to the specific Utility Agreement.
FUNCTION CODE 160(165) – ROADWAY DESIGN
A. Traffic Management Systems (Permanent)
a. PROJECT COORDINATION
The Engineer shall coordinate issues and communications with State's internal resource areas through the State's Project Manager. The State will communicate the resolution of issues and provide the Engineer direction through the State's Project Manager
b. ITS FINAL DESIGN
The Engineer shall design and provide preparation of plans, specifications and details to modify existing ITS equipment impacted by the roadway/ramp construction. Approximately eleven (11) existing ITS equipment’s impacted by the construction have been identified based on preliminary information. The design elements to be included are:
c. Dynamic message signs,
d. Closed-Circuit Television (CCTV) cameras,
e. Communications Network Hubs
f. Traffic Sensor Systems.
The Engineer shall develop roadway-based layout sheets depicting the physical location of all ITS devices and supporting equipment. The Engineer shall prepare the design and details including, but not limited to, conduit and cable, support structures and foundations, control equipment, necessary to implement the system. The Engineer shall fully design and prepare communication backbone details to include fiber optic network design including details such as fiber optic cable splicing diagrams. The Engineer shall design all electrical circuits to
support all devices proposed for the project and determine availability of electrical power with the appropriate power company at the designed locations. Design specifications shall be defined in the work authorization.
In locations where Computerized Transportation Management Systems (CTMS) equipment and systems exist, the Engineer shall develop a relocation plan and prepare the necessary design sheets and details to support the relocation of existing equipment to keep systems operational during roadway construction. The Engineer shall prepare plans to provide CTMS equipment service during the construction phases that require removal or relocation of the existing equipment. The temporary CTMS plans shall include operational DMS, CCTV Camera Coverage, Traffic Sensor Systems, and telecommunications with bandwidth equivalent to the existing equipment. The Engineer shall coordinate with the State Computerized Transportation Management Systems (CTMS) design section at the assigned District Office.
c. PLAN PREPARATION
The Engineer shall design the ITS system identified above in accordance with the STATE'S Design Standards. The Engineer shall determine the necessary number of sheets for a complete design. Examples of sheets to be provided by the Engineer include ITS design sheets which show locations of field devices with cabling and conduit runs; connectivity diagrams which explain how devices communicate with one another including networking equipment; fiber optic splicing diagrams; quantity sheets; and standard sheets. The finalized design provided by the Engineer shall include enough details for a contractor to procure and install equipment, provide power, and communications to a preferred location and bring the system to full operation. The State's Project Manager will review the list of sheets and provide recommendations to the Engineer as to any sheets that are needed or not needed.
The Engineer shall provide the following:
a. Roadway-Based layout sheets to include the permanent location of all ITS devices and supporting equipment.
b. Design and details sheets to implement the ITS system
c. Fiber optic network design
d. Electrical Circuit design
e. Relocation plan if existing CTMS is in place
f. Temporary CTMS plans to provide continued coverage during each construction phase
• 30% Review- The Engineer shall provide the following:
o Title Sheet with project location map, approximate agreement(s) shown on the right- hand side of the sheet, a preliminary list of standards on the index of sheets.
o Consolidated Summary- show the bid items
o Utility Layouts- all utility lines shall be shown to scale on the roadway. The layout is to include a legend.
o Plan Layouts - in addition to the north arrow, scale, centerline and alignment lines, stationing and any match line sheet numbers, plan layouts should show existing conditions, conduit runs (either bore or trench), ground boxes and controllers using appropriate legend. Legend must appear on each sheet. Title block must be filled in with appropriate project number information and Control-Section- Job (CSJ) number.
• 60% Review- The Engineer shall provide the following:
o Title Sheet with project location map, all standards and plan sheets identified on Index of Sheets.
o Consolidated Summary showing bid items in ascending order. This sheet must have the completed Electrical Service Data Table.
o Completed Traffic Control Plan (TCP) line diagram.
o Plan layouts showing estimated quantity box with appropriate bid code descriptions, conduit runs clearly labeled, completed conduit run table.
o Preliminary Estimate.
o Special Specifications (if needed).
o General Notes.
o Calculation sheet for electric conductors and service poles.
o Engineer's internal QA/QC markup set.
• 90% Review- The Engineer shall provide the following:
o Plan Set, including quantities, data tables, consolidated summaries and completed plan sheet estimated quantities.
o Construction Schedule, General Notes, Special Specifications, Form 1814 and estimates must be provided for review.
• 100% Submittal - the Engineer shall provide the following (the quantity of copies of the documents will be specified in the work authorization):
o Copies of the complete 11' x 17' set of plans.
o Copies of general notes.
o Copies of Special Specifications and Form 1814, with a copy of the marked-up changes, if modifications have been made.
o Original Engineer sealed plan set.
o Electronic copy of the design files.
FUNCTION CODE 160(170) – ROADWAY DESIGN
The Engineer shall perform bridge design at locations located within the project limits, as needed, at the written request from the State’s Project Manager.
170.1. Bridge Layout. The Engineer shall prepare a bridge layout plan sheet for each bridge and bridge class culvert. The Engineer shall determine the location of each soil boring needed for foundation design in accordance with the Geotechnical Manual.
Prior to preparation of each bridge layout, the Engineer shall prepare a comparative cost analysis of bridge structures to determine: (1) the optimum bridge beams for vertical clearance over railroads, roadway, or waterways, (2) the optimum bridge structure versus roadway embankment, pavement, soil stabilization, and retaining walls, and (3) to determine optimum in bridge beams for the direct connectors.
The Engineer shall submit a 3D model (if applicable) and bridge layout for each structure early in the plan preparation process to obtain approval from the State. The Engineer shall comply with relevant sections of the latest edition of the State’s LRFD Bridge Design Manual, Bridge Project Development Manual, Bridge Detailing Guide, and AASHTO LRFD Bridge Design Specifications and respective checklists. Each bridge layout sheet must include bridge typical sections, structural dimensions, abutment and bent locations, superstructure and substructure types. The Engineer shall locate and plot soil borings and utilities, show proposed retaining walls, and, for staged construction, indicate limits of existing bridge for removal and reconstruction.
170.2. Bridge Detail Summary. The Engineer shall prepare total bridge quantities, estimates, and summary sheets for each bridge or bridge class culvert.
170.3. Bridge Structural Details. The Engineer shall prepare each structural design and develop detailed structural drawings of required details in compliance with above-listed manuals and guidelines. The Engineer shall assemble and complete applicable State Standard Details sheets.
Additionally, the Engineer shall:
o Perform calculations for design of bridge abutments.
o Perform calculations for bridge slab design.
o Perform calculations to determine elevations of bridge substructure and super structure elements.
o Perform calculations for bridge box beam design.
o Prepare necessary foundation details and plan sheets.
o Prepare plan sheets for abutment design.
o Prepare plan sheets for additional abutment details.
o Prepare framing plan and slab plan sheets.
o Compute and prepare tables for slab and bearing seat elevations, dead load deflections, etc.
o Design beams and prepare beam design tables.
o Prepare special provisions and special specifications in accordance to the above-listed manuals and guidelines.
FUNCTION CODE 309(309) – DESIGN VERIF/CHANGES/ALTER CONSTRUCTION PHASE SERVICES
The Engineer shall provide Construction Phase Services at the written request of the State’s Project Manager. The written request must include a description of the work requested, a mutually agreed upon time limit, and any special instructions for coordination and submittal. These services shall include, but are not limited to the following:
1. Attend preconstruction meeting
2. Attend field meetings and make visits to site
3. Review and approval of shop drawings
4. Review and approval of forming details
5. Responding to requests for information (RFIs)
6. Providing minor redesign (major redesign should be handled with a contract supplement), which will include changes to the affected plan sheets and an updated copy of the 3D model (if applicable).
7. Answering general questions
8. Providing clarification
9. Other project related tasks in support of the State during construction
The Engineer shall provide the following information at each submittal:
1. 30% Plans Submittal
1.1. Eight sets of 11” x 17” plan sheets for the State District Review.
1.2. Estimate of construction cost.
1.3. Engineer’s internal QA and QC markup set.
1.4. Form 1002 and Design Exceptions with existing and proposed typical sections, location map and design exception exhibits.
1.5. Bridge and retaining wall layouts for the State District review.
1.6. External stability analysis for retaining walls
1.7. One set of a roll format TCP phasing layouts, one .pdf of plan sheets for TCP concept, and significant project procedures form (State Form 2229) to present at the DTSRT for the State review.
1.8. One set of a roll format of illumination plan concept to State review.
1.9. If applicable, a Preliminary 3D model, in DGN format, created using Bentley’s OpenRoads, OpenBridge and/or 3D MicroStation\Civil tools, and with detail to verify the design of the 30% plan sheets.
2. 60% Plans Submittal:
2.1. Six (6) sets of 11” x 17” plan sets for the State District review.
2.2. Estimate of construction cost.
2.3. Proposed Pavement Design
2.4. Draft final Bridge layouts for the State District review
2.5. Engineer’s internal QA and QC marked up set.
2.6. One set of a roll format TCP phasing layouts, one .pdf of plan sheets for TCP concept, and significant project procedures form (State Form 2229) to present at the TCAT for the State review.
2.7. If applicable, a preliminary 3D model, in DGN format, created using Bentley’s OpenRoads, OpenBridge and/or 3D MicroStation\Civil tools, and with detail to verify the design of the 60% plan sheets. The level of detail of the surface and subsurface features will be at the direction of the State.
3. State Bridge Review
3.1. Seven sets of Bridge Layouts
If applicable, a preliminary 3D model, in DGN format, created using Bentley’s OpenRoads, OpenBridge and/or 3D MicroStation\Civil tools, and with enough detail to verify the design of the Bridge layouts.
4.1. Six (6) sets of 11” x 17” plan sheets for the State district review
4.2. List of governing Specifications and Special Provisions in addition to those required.
4.3. Estimate of construction cost
4.4. Marked up general notes.
4.5. Plans estimate.
4.6. Construction schedule
4.7. New Special Specifications and Special Provisions with Form 1814, if applicable.
4.8. Triple Zero Special Provisions.
4.9. Engineer sign, seal and date supplemental sheets (8 ½” x 11”).
4.10. Contract time determination summary.
4.11. Significant project procedures form.
4.12. Right-of-Way and utilities certification.
4.13. Temporary road closure letters.
4.14. Construction speed zone request.
4.15. Engineer’s internal QA and QC marked-up set.
4.16. Other supporting documents.
4.17. If applicable, a detailed 3D model, in DGN format, created using Bentley’s OpenRoads, OpenBridge and/or 3D MicroStation\Civil tools, and with detail to verify the design of the 95% plan sheets. The level of detail of the surface and subsurface features will be at the direction of the State.
5. Final submittal (100%).
5.1. Two (2) paper sets of 11” x 17”
5.2. Marked up general notes.
5.3. Revised supporting documents from 95% review comments.
5.4. ePS&E files.
5.5. If applicable, a final 3D model, in DGN format, LandXML format and other format (as directed by the State) created using Bentley’s OpenRoads, OpenBridge and/or 3D MicroStation\Civil tools. The level of detail of the surface and subsurface features will be at the direction of the State.
The Engineer shall furnish the State with a CD or DVD of the final plans in the format of current CADD system used by the State, .pdf format, and in the State’s File Management System (FMS) format.
The Engineer shall also provide separate CD or DVD containing cross section information (in dgn, XLR, & ASCII formats) for the State contractor to use.
The Engineer shall provide an electronic copy of Primavera file or the latest scheduling program used by the State for construction time estimate.
With the approval of the State, and in lieu of the above, the Engineer may maintain the project files in the State’s ProjectWise container. The handoff of the electronic files will be via email to the State, with a URN link to the project location in ProjectWise provided in the email.
The Engineer shall provide the following:
A 3-ring binder with quantity and non-structural design calculations.
A bound copy of engineering calculations, analysis, input calculations, quantities, geometric designs (GEOPAK GPK files), etc. relating to the project’s structural elements. Project structural elements include, but are not limited to: bridges, retaining walls, overhead sign foundations, high-mast illumination foundations, non-standard culverts, custom headwalls and drainage appurtenances.
Working copies of spreadsheets and output from any programs utilized on a CD or DVD in a universally reliable format.
The Engineer may provide the calculations in .pdf format in lieu of the bound hard copies. The .pdf file should be submitted on a CD,DVD, or in ProjectWise (if applicable).
WORK AUTHORIZATION NO. CONTRACT FOR ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Engineering Contract No. (the Contract) entered into by and between the State of Texas, acting by and through the Texas Department of Transportation (the State), and (the Engineer).
PART I. The Engineer will perform engineering services generally described as in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the State and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization.
PART II. The maximum amount payable under this Work Authorization is $ and the method of payment is as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer’s estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization.
PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the contract, and Attachment A, Article 1.
PART IV. This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on, unless extended by a supplemental Work Authorization as provided in Attachment A, Article 1.
PART V. This Work Authorization does not waive the parties' responsibilities and obligations provided under the Contract.
IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below.
THE ENGINEER THE STATE OF TEXAS
(Printed Name) (Printed Name)
LIST OF EXHIBITS
Exhibit A Services to be provided by the State
Exhibit B Services to be provided by the Engineer
Exhibit C Work Schedule
Exhibit D Fee Schedule/Budget
Exhibit H-2 Subprovider Monitoring System Commitment Agreement
WORK AUTHORIZATION NO. CONTRACT FOR ENGINEERING SERVICES
THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 Contract No. hereinafter identified as the “Contract,” entered into by and between the State of Texas, acting by and through the Texas Department of Transportation (the State), and
The following terms and conditions of Work Authorization No. are hereby amended as follows:
This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. not hereby amended are to remain in full force and effect.
IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below.
This attachment provides the basis of payment and fee schedule. The basis of payment for this contract is indicated by an “X” in the applicable box. The basis shall be supported by the Final Cost Proposal (FCP) shown below. If more than one basis of payment is used, each one must be supported by a separate FCP.
The lump sum shall be equal to the maximum amount payable. The lump sum includes all direct and indirect costs and fixed fee. The Engineer shall be paid pro rata based on the percentage of work completed. For payment the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or other evidence of cost.
The unit cost(s) for each type of unit and number of units are shown in the FCP. The unit cost includes all direct and indirect costs and fixed fee. The Engineer shall be paid based on the type and number of units fully completed and the respective unit cost. For payment, the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or any other cost data. The FCP may include special items, such as equipment which are not included in the unit costs. Documentation of these special costs may be required. The maximum amount payable equals the total of all units times their respective unit cost plus any special direct items shown.
Specified Rate Basis
The specified rates for each type of labor are shown in the FCP below. The FCP may include special items, such as equipment which are not included in the specified rates. Payment shall be based on the actual hours worked multiplied by the specified rate for each type of labor plus other agreed to special direct cost items. The specified rate includes direct labor and indirect cost and fixed fee. The State may request documentation of reimbursable direct costs including hours worked. Documentation of special item costs may be required.
The specified rate is not subject to audit.
Cost Plus Fixed Fee
Payment shall be based on direct and indirect costs incurred plus a pro rata share of the fixed fee based on the ratio of labor and overhead cost incurred to total estimated labor and overhead cost in the FCP or the percentage of work completed. The invoice must itemize labor rates, hours worked, other direct costs and indirect costs. The Engineer may be required to provide documentation of hours worked and any eligible direct costs claimed. The provisional overhead rate charged is subject to audit and adjustment to actual rates incurred. The FCP below shows the hourly rates for labor, other direct expenses including but not limited to travel and allowable materials, provisional overhead rate and the fixed fee.
A. Actual Cost Plus Fixed Fee - Actual wages are paid (no minimum, no maximum. This option does not apply to Indefinite Deliverable Contracts.)
B. Range of Cost Plus Fixed Fee – Actual wages must be within the allowable range shown on the Final Cost Proposal.