R2022-230 2022-10-10RESOLUTION NO. R2022-230
A Resolution of the City Council of the City of Pearland, Texas, amending a
design contract with Gauge Engineering, associated with the Clear Creek Trail
Project (Town Ditch/Preserve at Highland Glen to Pearland Parkway at UHCL),
in the additional amount of $104,749.44 (total contract of $722,846.35).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain amended contract for design services associated with the Clear
Creek Trail Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an amended contract for design services associated with the Clear
Creek Trail Project.
PASSED, APPROVED and ADOPTED this the 10th day of October, A.D., 2022.
_________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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9/26/2022
Exhibit A
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10/11/2022 | 3:38 PM CDT
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Attachments to Contract for Engineering Services
Attached and Incorporated into the Contract by Reference
Attachment Name of Attachment
A General Provisions
B Services to be Provided by the City
C Services to be Provided by the Engineer
D Anticipated Schedule
E Anticipated Maximum Fee
F Insurance for Designated Professional Service Contracts
G Document and Information Exchange
H Overview Map
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ATTACHMENT A
General Provisions
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ATTACHMENT A
GENERAL PROVISIONS
INDEX TO PROVISIONS
Article Title
1 Work Schedule
2 Notice to Proceed
3 Progress
4 Suspension of Work
5 Additional Work
6 Changes in Work
7 Supplemental Agreements
8 Ownership of Data
9 Public Information
10 Personnel, Equipment and Material
11 Not Applicable
12 Subcontracting
13 Inspection of Work
14 Submission of Reports
15 Violation of Contract Terms
16 Termination
17 Compliance with Laws
18 Indemnification
19 Engineer’s Responsibility
20 Noncollusion
21 Insurance
22 Gratuities
23 DBE/HUB Requirements
24 Maintenance, Retention and Audit of Records
25 Not Applicable
26 Civil Rights Compliance
27 Patent Rights
28 Computer Graphics Files
29 Child Support Statement
30 Disputes
31 Successors and Assigns
32 Severability
33 Prior Contracts Superseded
34 Conflict of Interest
35 Certificate of Interested Parties
36 Prohibition on Contracts With Companies Boycotting Israel
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ATTACHMENT A
GENERAL PROVISIONS
ARTICLE 1. WORK SCHEDULE
A. Work Schedule. The Engineer shall develop a work schedule, attached hereto and labeled
Attachment D, Work Schedule, showing how the scope of services under this contract shall be
accomplished within the contract period and at the agreed upon cost.
B. Changes to Work Schedule. If at any time during the contract period the Engineer
determines that the authorized services cannot be completed before the end of the contract period
as specified in Article 2 of the contract (Contract Period), the Engineer shall immediately notify
the District. The City will evaluate the request, and at its sole discretion may extend the contract
period by written supplemental agreement as provided in General Provisions, Article 7,
Supplemental Agreements. If the City determines that the contract period will not be extended,
the Engineer must complete the work within the original contract period.
ARTICLE 2. NOTICE TO PROCEED
A. Written Notice. The City shall issue a written notice to the Engineer authorizing work to
begin. The Engineer shall not proceed with any work authorized in this contract until such
notice is received.
B. No Costs Incurred. The Engineer shall not undertake work or incur costs under this contract
until the written notice to proceed is issued. Any costs incurred by the Engineer prior to receipt
of such notice are not eligible for reimbursement under this contract.
ARTICLE 3. PROGRESS
A. Progress meetings. The Engineer shall from time to time during the progress of the work
confer with the City. The Engineer shall prepare and present such information as may be
pertinent and necessary or as may be requested by the City in order to evaluate features of the
work.
B. Conferences. At the request of the City or the Engineer, conferences shall be provided at the
Engineer's office, the office of the City, or at other locations designated by the City. These
conferences shall also include evaluation of the Engineer's services and work when requested by
the City.
C. Inspections. If federal funds are used to reimburse costs incurred under this contract, the
work and all reimbursements will be subject to periodic review by the U. S. Department of
Transportation.
D. Reports. The Engineer shall promptly advise the City in writing of events that have a
significant impact upon the progress of the work, including:
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
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established time periods; this disclosure will be accompanied by statement of the
action taken or contemplated, and any State or federal assistance needed to resolve
the situation; and
2. favorable developments or events that enable meeting the work schedule goals sooner
than anticipated.
E. Corrective Action. Should the City determine that the progress of work does not satisfy the
milestone schedule set forth in Attachment D, Work Schedule, the City shall review the work
schedule with the Engineer to determine the nature of corrective action needed.
ARTICLE 4. SUSPENSION OF WORK
A. Notice. Should the City desire to suspend the work but not terminate the contract, the City
may verbally notify the Engineer followed by written confirmation, giving thirty (30) days
notice. Both parties may waive the thirty-day notice in writing.
B. Reinstatement. The work may be reinstated and resumed in full force and effect within
sixty (60) business days of receipt of written notice from the City to resume the work. Both
parties may waive the sixty-day notice in writing.
C. Contract Period Not Affected. If the City suspends the work, the contract period as
determined in Article 2 of the contract (Contract Period) is not affected, and the contract will
terminate on the date specified unless the contract is amended to authorize additional time.
D. Limitation of Liability. The City assumes no liability for work performed or costs incurred
prior to the date authorized by the City to begin work, during periods when work is suspended,
or after the completion date of the contract.
ARTICLE 5. ADDITIONAL WORK
A. Notice. If the Engineer is of the opinion that any assigned work is beyond the scope of this
contract and constitutes additional work, it shall promptly notify the City in writing, presenting
the facts and showing how the work constitutes additional work.
B. Supplemental Agreement. If the City finds that the work does constitute additional work,
the City shall so advise the Engineer and a written supplemental agreement will be executed as
provided in Article 7, Supplemental Agreements, of these General Provisions. If performance of
the additional work will cause the maximum amount payable under the contract to be exceeded,
the Engineer shall not perform any proposed additional work or incur any additional costs prior
to the execution of a supplemental agreement.
C. Limitation of Liability. The City shall not be responsible for actions by the Engineer or any
costs incurred by the Engineer relating to additional work not directly associated with or prior to
the execution of a supplemental agreement.
ARTICLE 6. CHANGES IN WORK
A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in
accordance with the terms of this contract but the City requests changes to the completed work or
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parts thereof which involve changes to the original scope of services or character of work under
the contract, the Engineer shall make such revisions as requested and as directed by the City.
This will be considered as additional work and paid for as specified under Article 5, Additional
Work.
B. Work Does Not Comply with Contract. If the Engineer submits work that does not comply
with the terms of this contract, the City shall instruct the Engineer to make such revisions as are
necessary to bring the work into compliance with the contract. No additional compensation shall
be paid for this work.
C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this
contract, which are necessary to correct errors or omissions appearing therein, when required to
do so by the City. No additional compensation shall be paid for this work.
ARTICLE 7. SUPPLEMENTAL AGREEMENTS
A. Need. The terms of this contract may be modified if the City determines that there has been
an increase or decrease in the duration, scope, or character of the services to be performed. A
supplemental agreement will be executed to authorize such increases or decreases.
B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in
Article 3 of the contract (Compensation). The parties may reevaluate and renegotiate costs at
this time.
C. When to Execute. Both parties must execute a supplemental agreement within the contract
period specified in Article 2 of the contract (Contract Period).
ARTICLE 8. CITY OWNERSHIP OF DATA
A. Work for Hire. All services provided under this contract are considered work for hire and
as such all data, basic sketches, charts, calculations, plans, specifications, and other documents
created or collected under the terms of this contract are the property of the City.
B. Disposition of Documents. All documents prepared by the Engineer and all documents
furnished to the Engineer by the City shall be delivered to the City upon request by the City. The
Engineer, at its own expense, may retain copies of such documents or any other data which it has
furnished the City under this contract, but further use of the data is subject to permission by the
City.
C. Release of Design Plan. The Engineer (1) will not release any roadway design plan created
or collected under this contract except to its subproviders as necessary to complete the contract;
(2) shall include a provision in all subcontracts which acknowledges the City’s ownership of the
design plan and prohibits its use for any use other than the project identified in this contract; and
(3) is responsible for any improper use of the design plan by its employees, officers, or
subproviders, including costs, damages, or other liability resulting from improper use. Neither
the Engineer nor any subprovider may charge a fee for the portion of the design plan created by
the City.
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ARTICLE 9. PUBLIC INFORMATION
The City will comply with Government Code, Chapter 552, the Public Information Act, and 43
Texas Administrative Code §3.10 et seq. in the release of information produced under this
contract.
ARTICLE 10. PERSONNEL, EQUIPMENT AND MATERIAL
A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance
of all services, in addition to providing adequate and sufficient personnel and equipment to
perform the services required under the contract. The Engineer certifies that it presently has
adequate qualified personnel in its employment for performance of the services required under
this contract, or it will be able to obtain such personnel from sources other than the City.
B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract
shall have such knowledge and experience as will enable them to perform the duties assigned to
them. The City may instruct the Engineer to remove any employee from association with work
authorized in this contract if, in the sole opinion of the City, the work of that employee does not
comply with the terms of this contract or if the conduct of that employee becomes detrimental to
the work.
C. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as
possible, but no later than three business days after a project manager or other key personnel is
removed from association with this contract, giving the reason for removal.
D. City Approval of Replacement Personnel. The Engineer may not replace the project
manager or key personnel without prior consent of the City. The City must be satisfied that the
new project manager or other key personnel is qualified to provide the authorized services. If the
City determines that the new project manager or key personnel is not acceptable, the Engineer
may not use that person in that capacity and shall replace him or her with one satisfactory to the
City within forty-five (45) days.
ARTICLE 11. NOT APPLICABLE
ARTICLE 12. SUBCONTRACTING
A. Prior Approval. The Engineer shall not assign, subcontract, or transfer any portion of
professional services related to the work under this contract without prior written approval from
the City.
B. DBE Compliance. The Engineer’s subcontracting program shall comply with the
Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part
26. The Engineer shall make good faith efforts to award subcontracts or supply agreements in at
least 15 percent of the value of this contract to Disadvantaged Businesses. The Engineer shall
apprise themselves of the requirements for good faith efforts as found in the aforementioned
code and will comply with them.
C. Required Provisions. All subcontracts for professional services shall include the provisions
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included in Attachment A, General Provisions, and any provisions required by law. The Engineer
is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis
of payment may differ from the basis of payment by the City to the Engineer.
D. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities
under this contract.
ARTICLE 13. INSPECTION OF WORK
A. Review Rights. The City and the U. S. Department of Transportation, when federal funds
are involved, and any of their authorized representatives shall have the right at all reasonable
times to review or otherwise evaluate the work performed hereunder and the premises in which it
is being performed.
B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a
subprovider, the Engineer shall provide and require its subproviders to provide all reasonable
facilities and assistance for the safety and convenience of the City or federal representatives in the
performance of their duties.
ARTICLE 14. SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the City
before a final report is issued. The City's comments on the Engineer's preliminary report must be
addressed in the final report.
ARTICLE 15. VIOLATION OF CONTRACT TERMS
A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer
shall be grounds for termination of the contract, and any increased or additional cost incurred by
the City arising from the Engineer's default, breach of contract or violation of contract terms
shall be paid by the Engineer.
B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for
any default, but all remedies existing at law and in equity may be availed of by either party and
shall be cumulative.
ARTICLE 16. TERMINATION
A. Causes. The contract may be terminated before the stated completion date by any of the
following conditions.
(1) By mutual agreement and consent, in writing from both parties.
(2) By the City by notice in writing to the Engineer as a consequence of failure by the
Engineer to perform the services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By the City for reasons of its own, not subject to the mutual consent of the Engineer,
by giving thirty business days notice of termination in writing to the Engineer.
(5) By the City, if the Engineer violates the provisions of Attachment A, General
Provisions Article 22, Gratuities, or Attachment H, Disadvantaged Business
Enterprise/Historically Underutilized Business Requirements.
(6) By satisfactory completion of all services and obligations described herein.
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B. Measurement. Should the City terminate this contract as herein provided, no fees other than
fees due and payable at the time of termination shall thereafter be paid to the Engineer. In
determining the value of the work performed by the Engineer prior to termination, the City shall
be the sole judge. Compensation for work at termination will be based on a percentage of the
work completed at that time. Should the City terminate this contract under paragraph (4) or (5)
above, the Engineer shall not incur costs during the thirty-day notice period in excess of the
amount incurred during the preceding thirty days.
C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if
the City terminates this contract for fault on the part of the Engineer, the City will give
consideration to the following when calculating the value of the completed work: (1) the actual
costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer
in performing the work to the date of default; (2) the amount of work required which was
satisfactorily completed to date of default; (3) the value of the work which is usable to the City;
(4) the cost to the City of employing another firm to complete the required work; (5) the time
required to employ another firm to complete the work; and (6) other factors which affect the
value to the City of the work performed.
D. Calculation of Payments. The State shall use the fee schedule set forth in Attachment E to
the contract (Fee Schedule) in determining the value of the work performed up to the time of
termination. In the case of partially completed engineering services, eligible costs will be
calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead
percentage rate during the years in which work was performed shall be used to calculate partial
payments. Any portion of the fixed fee not previously paid in the partial payments shall not be
included in the final payment.
E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be
in default by reason of any failure in performance of this contract in accordance with its terms
(including any failure to progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the Engineer. Such causes
may include, but are not restricted to, acts of God or the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements. The termination of this contract and payment of an amount in
settlement as prescribed above shall extinguish the rights, duties, and obligations of the City and
the Engineer under this contract, except for those provisions that establish responsibilities that
extend beyond the contract period.
G. Payment of Additional Costs. If termination of this contract is due to the failure of the
Engineer to fulfill its contract obligations, the City may take over the project and prosecute the
work to completion, and the Engineer shall be liable to the City for any additional cost to the
City.
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ARTICLE 17. COMPLIANCE WITH LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any court, or administrative
bodies or tribunals in any manner affecting the performance of this contract, including, without
limitation, worker's compensation laws, minimum and maximum salary and wage statutes and
regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer
shall furnish the City with satisfactory proof of its compliance therewith.
ARTICLE 18. INDEMNIFICATION
A. Errors, Omissions, Negligent Acts. The Engineer shall save harmless the City and its
officers and employees from all claims and liability due to activities of itself, its agents, or
employees, performed under this contract and which are caused by or result from error, omission,
or negligent act of the Engineer or of any person employed by the Engineer.
B. Attorney Fees. The Engineer shall also save harmless the City from any and all expense,
including, but not limited to, attorney fees which may be incurred by the City in litigation or
otherwise resisting said claim or liabilities which may be imposed on the City as a result of such
activities by the Engineer, its agents, or employees.
ARTICLE 19. ENGINEER'S RESPONSIBILITY
A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly
make necessary revisions or corrections resulting from its errors, omissions, or negligent acts
without compensation.
B. Errors and Omissions. The Engineer's responsibility for all questions arising from design
errors and/or omissions will be determined by the City and all decisions shall be in accordance
with the City's "Errors or Omissions Policy" in accordance with 43 Texas Administrative Code
§9.38(f). The Engineer will not be relieved of the responsibility for subsequent correction of any
such errors or omissions or for clarification of any ambiguities until after the construction phase
of the project has been completed.
C. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the City in accordance with the Texas Engineering Practice Act and the rules of
the Texas Board of Professional Engineers.
D. Resealing of Documents
Once the work has been sealed and accepted by the City, the City, as the owner, will notify the
party to this contract, in writing, of the possibility that a City engineer, as a second engineer, may
find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second
engineer will affix his seal to any work altered, completed, corrected, revised or added. The
second engineer will then become responsible for any alterations, additions or deletions to the
original design including any effect or impacts of those changes on the original engineer’s
design.
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ARTICLE 20. NONCOLLUSION
A. Warranty. The Engineer warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Engineer, to solicit or secure this
contract and that it has not paid or agreed to pay any company or engineer any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this contract.
B. Liability. For breach or violation of this warranty, the City shall have the right to annul this
contract without liability or, in its discretion, to deduct from the contract price or compensation,
or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
ARTICLE 21. INSURANCE
The Engineer certifies that it has insurance on file with the City in the amount specified in
Attachment F. No other proof of insurance is acceptable to the City. The Engineer certifies that
it will keep current insurance on file with that office for the duration of the contract period. If
insurance lapses during the contract period, the Engineer must stop work until a new certificate
of insurance is provided.
ARTICLE 22. GRATUITIES
A. Employees Not to Benefit. The City policy mandates that employees of the City shall not
accept any benefit, gift or favor from any person doing business with or who reasonably speaking
may do business with the City under this contract. The only exceptions allowed are ordinary
business lunches and items that have received the advance written approval of the Mayor.
B. Liability. Any person doing business with or who reasonably speaking may do business with
the City under this contract may not make any offer of benefits, gifts or favors to department
employees, except as mentioned above. Failure on the part of the Engineer to adhere to this
policy may result in the termination of this contract.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY
UNDERUTILIZED BUSINESS REQUIREMENTS/MINORITY AND WOMEN
BUSINESS ENTERPRISE COMPLIANCE
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26. The Engineer shall make good faith efforts to award
subcontracts or supply agreements in at least 15 percent of the value of this contract to
Disadvantaged Business Enterprises. The Engineer shall apprise themselves of the requirements
for good faith efforts as found in the aforementioned code and will comply with them.
ARTICLE 24. MAINTENANCE, RETENTION AND AUDIT OF RECORDS
A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting
records and other evidence pertaining to costs incurred and services provided (hereinafter called
the Records). The Engineer shall make the records available at its office during the contract
period and for four years from the date of final payment under this contract, until completion of
all audits, or until pending litigation has been completely and fully resolved, whichever occurs
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last.
B. Availability. The City or any of its duly authorized representatives, the Texas Department of
Transportation, the Federal Highway Administration, the United States Department of
Transportation, Office of Inspector General, and the Comptroller General shall have access to the
Engineer’s Records which are directly pertinent to this contract for the purpose of making audits,
examinations, excerpts and transcriptions.
C. Examination. The City shall require the Engineer to make the Records available for the
purpose of checking the amount of work performed by the Engineer at the time of contract
termination or for other reasons of its own, not subject to agreement by the Engineer.
ARTICLE 25. NOT APPLICABLE
ARTICLE 26. CIVIL RIGHTS COMPLIANCE
(1) Compliance with Regulations: The Engineer shall comply with the regulations of the
Department of Transportation, Title 49, Code of Federal Regulations, Parts 21, 24, 26 and 60 as
they relate to nondiscrimination; also Executive Order 11246 titled Equal Employment
Opportunity as amended by Executive Order 11375.
(2) Nondiscrimination: The Engineer, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subcontractors, including procurement of materials and leases of
equipment.
(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the Engineer for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Engineer of the Engineer’s obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
(4) Information and Reports: The Engineer shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and facilities as may be determined by the City,
the Texas Department of Transportation or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations or directives. Where any information required of
the Engineer is in the exclusive possession of another who fails or refuses to furnish this
information, the Engineer shall so certify to the City, the Texas Department of Transportation or
the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made
to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the
nondiscrimination provisions of this contract, the City, the Texas Department of Transportation
shall impose such contract sanctions as it or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
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(a) withholding of payments to the Engineer under the contract until the Engineer complies
and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs (1)
through (5) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take
such action with respect to any subcontract or procurement as the City, the Texas Department of
Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance provided, however, that in the event an
Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, the Engineer may request the City to enter into such litigation to
protect the interests of the City; and, in addition, the Engineer may request the United States to
enter into such litigation to protect the interests of the United States.
ARTICLE 27. PATENT RIGHTS
The City and the U. S. Department of Transportation shall have the royalty free, nonexclusive
and irrevocable right to use and to authorize others to use any patents developed by the Engineer
under this contract.
ARTICLE 28. COMPUTER GRAPHICS FILES
The Engineer shall provide Computer Graphics Files as required by the State.
ARTICLE 29. CHILD SUPPORT STATEMENT
The Engineer certifies that it has a child support statement on file with the Contract Services
Office of the Texas Department of Transportation. The Engineer is responsible for keeping the
child support statement current and on file with that office for the duration of the contract period.
The Engineer further certifies that the child support statement on file contains the child support
information for the individuals or business entities named in this contract. Under Section
231.006, Family Code, the Engineer certifies that the individual or business entity named in this
contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and
acknowledges that this contract may be terminated and payment may be withheld if this
certification is inaccurate.
ARTICLE 30. DISPUTES
A. Disputes Not Related to Contract Services. The Engineer shall be responsible for the
settlement of all contractual and administrative issues arising out of any procurement made by
the Engineer in support of the services authorized herein.
B. Disputes Concerning Work or Cost. Any dispute concerning the work hereunder or
additional costs, or any non-procurement issues shall be settled in accordance with 43 Texas
Administrative Code §201.1.
ARTICLE 31. SUCCESSORS AND ASSIGNS
The Engineer and the City do each hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors, executors,
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administrators and assigns of such other party in respect to all covenants of this contract. The
Engineer shall not assign, subcontract or transfer its interest in this contract without the prior
written consent of the City.
ARTICLE 32. SEVERABILITY
In the event any one or more of the provisions contained in this contract shall for any reason, be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE 33. PRIOR CONTRACTS SUPERSEDED
This contract constitutes the sole agreement of the parties hereto for the services authorized
herein and supersedes any prior understandings or written or oral contracts between the parties
respecting the subject matter defined herein.
ARTICLE 34. CONFLICT OF INTEREST
The undersigned represents that its firm has no conflict of interest that would in any way
interfere with its or its employees’ performance of services for the department or which in any
way conflicts with the interests of the department. The firm shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the department's
interests. The Engineer shall submit executed Form 1295.
ARTICLE 35. CERTIFICATE OF INTERESTED PARTIES
Pursuant to Section 2252.908 of the Government Code, any contracts entered into on or after
January 1, 2016 that require an action or vote by a governing body of the entity or agency and/or
have a value of at least one (1) million dollars, will need to meet the following requirements once
the bidder is notified of the award of contract:
(1) A business entity will need to file form 1295 – Certificate of Interested Parties
electronically via the Texas Ethics Commission website
(https://www.ethics.state.tx.us/main/file.htm ). The business entity will be required to
create a profile on the site.
(2) Once the form is submitted electronically, the business entity will need to print, sign
and have the form notarized and submit it to the City as part of this agreement.
(3) The City will then need to acknowledge the form electronically no later than the 30th
day after the date the contract binds all parties to the contract and include a copy of the
signed/notarized version to the contract documents.
ARTICLE 36. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING
ISRAEL
As required by Chapter 2270, Texas Government Code, Engineer hereby verifies that it does not boycott
Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does
not include an action made for ordinary business purposes.
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ATTACHMENT B
Services to be Provided by City
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ATTACHMENT B
SERVICES TO BE PROVIDED BY THE
LOCAL GOVERNMENT “CITY”
For each negotiated Work Authorization, the Local Government will designate a Project
Manager to represent the Local Government 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 Local
Government will include, but not be limited to, the following items:
Route and Design Studies
• Previously completed studies
• Any preliminary engineering concepts or schematics previously completed
Project Management and Administration
• Review and approve Project Design Criteria.
• Timely review and decisions necessary for the Engineer to maintain the contracted
project schedule.
Additional Responsibilities
• Provide design criteria for roadway, structures, drainage, and hydraulics.
• Interface with local, regional, State and Federal agencies or other entities on behalf
of Engineer if necessary.
• 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.
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ATTACHMENT C
Services to be Provided by Engineer
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ATTACHMENT “C”
SERVICES TO BE PROVIDED BY THE ENGINEER
Project: Clear Creek Bike Trail
Limits: Town Ditch (A105-00-00) to University of Houston at Clear Lake
CSJ: 0912-00-560
The work to be performed by the Engineer under this contract consists of providing
professional engineering, environmental, surveying, and landscape services
required for the preparation of Plans, Specifications and Estimates (PS&E) and
bidding documents for a ten (10) foot wide shared use path along Clear Creek in
Harris and Brazoria Counties.
The total length of new trail is approximately 10,000 feet (1.9 miles). One
pedestrian bridge is proposed to cross Clear Creek. Two trail heads that will
include parking, lighting, irrigation and drinking fountain.
The Engineer shall prepare plans, details and compute quantities to include bike
trail design, grading, paving, sidewalks and pedestrian ramps, drainage, signing,
pavement markings, traffic control plans, storm water pollution prevention plans,
landscape architecture, retaining walls, specifications, and cost estimates. The
Engineer shall also prepare the bridge layouts; and furnish the structural details
along with the bridge quantities for the single span bridge crossing. Engineer shall
prepare a project manual to include appropriate front-end documents and
specifications for TxDOT and City of Pearland.
The Engineer shall collect, review and evaluate the available existing data
pertaining to the project and prepare the Plans, Specifications and Estimates
(PS&E) in accordance with the requirements and policies of TxDOT.
The Engineer shall identify, prepare exhibits and complete all necessary forms for
Design Exceptions and Waivers or both, within project limits prior to the 30%
Submittal. These exceptions shall be provided to the TxDOT for coordination and
processing of approvals. If subsequent changes require additional exceptions, the
Engineer shall notify TxDOT as soon as possible after identification.
It shall be the responsibility of the City to assist the Engineer to secure right of entry
to private property for the purpose of performing any surveying, environmental,
and/or soil boring activities. In pursuance of TxDOT's policy with the general public,
the Engineer shall not commit acts which will result in damages to private property
and the Engineer will make every effort to comply with the wishes and address the
concerns of private property owners.
The Engineer shall perform their work in accordance with TxDOT’s Utility
Accommodation Policy, and the Houston District’s TxDOT Utility Cooperative
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Management Process. The Engineer shall prepare drawings early in the design
phase (30%) to be used as exhibits in utility agreements. The exhibits shall be
prepared using English units. The Engineer shall show existing utilities, including
those in conflict with construction on this project. The Engineer shall prepare plans
to avoid or minimize utility adjustments, where feasible. The Engineer shall
implement TxDOT Utility Cooperative Management Process and is responsible for
sending out notices, with copies of exhibits and plans, including all milestone
submittals.
The Engineer shall compile, maintain and update a Utility Conflict List to include
phone log and all correspondence to the utility owners. The Engineer shall provide
the most current copy of the conflict list to TxDOT at each milestone submittal, and
shall be responsible for coordination with utility companies to resolve conflicts. The
Utility Conflict List shall identify the owner of the facility, the contact person (with
address and telephone number), location of conflict (station and offset), type of
facility, expected clearance date, status, effect on construction and type of
adjustment necessary.
After identifying all conflicting utilities, and in coordination with TxDOT's Project
Manager, the Engineer shall arrange for (send plans and invitations in a timely
manner) and attend utility meetings with all utility owners and other interested
parties or agencies that are identified to be within the proposed project’s area. This
meeting will be held at the Houston District office. The purpose of this meeting is to
ensure that all utility owners and area entities are aware of the scope and relevant
details of the proposed project. The Engineer shall be responsible for writing and
documenting the meeting minutes and other follow-up work with utility owners, if
necessary. The information obtained at each utility meeting shall be included as
part of the milestone submittals.
The Engineer shall determine prior to 30 percent milestone submittal if Subsurface
Utility Engineering (SUE) will be required for this project.
The Engineer shall make every effort to prevent detours and utility relocations from
extending beyond the proposed right of way lines. If it is necessary to obtain
additional right of way, permanent or temporary easements and /or right of entry,
the Engineer shall notify the City in writing of the need and justification for such
action. The Engineer shall identify and coordinate with all utility companies for
relocations required.
The Engineer shall prepare any exhibits necessary for Utility and drainage district
approvals, and other governmental/regulatory agencies, specific to the project.
The Engineer shall review the findings of the environmental document study;
include 11" x 17" copies of the Environmental Permits to be inserted into the final
PS&E, if applicable.
Any applicable project specific maintenance agreements provided by the City
should be inserted by the Engineer into the final PS&E.
The Engineer shall coordinate through the City’s Project Manager for the
development of the PS&E with any local entity having jurisdiction or interest in the
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project (e.g. drainage district, county, municipal utility district, etc.).
The Engineer will provide the Comprehensive Drainage Impact Study (including the
HEC-1, HEC-2 and HEC-RAS, if desired), and drainage and flood control impact
evaluation material, preliminary drainage engineering information related to the
Engineer’s focus area of design for approval by the City, Harris County Flood
Control, Brazoria County Drainage District No. 4, and TxDOT.
The Engineer shall prepare Storm Water Pollution Prevention Plans (SW3P),
including details and pay quantities. The City will provide the Notice of Intent.
The preliminary cost estimate for the proposed improvements shall be prepared by
the Engineer utilizing the Houston District’s 12-month and / or 3-month average unit
prices.
The Engineer shall not move forward with performing detailed PS&E (60%, 90%,
95% and final submittals) until the TxDOT approves the 30% milestone submittal.
The PS&E shall be complete and organized in accordance with Stand Alone
Manual Notice 00-1 entitled “Organization of Plan Sheets” and as identified by the
latest edition of the Consultant Contract Administration’s “Guidelines for Milestone
Submittals". The PS&E package shall be suitable for the bidding and awarding of a
construction contract, and in accordance with the latest TxDOT’s policies and
procedures, and the Houston District’s PS&E Checklist. The Engineer shall also
comply with the AASHTO Guide for the Development of Bicycle Facilities
requirements.
The Engineer shall use Computer-Aided Design and Drafting (CADD) to fully
develop all drawings. The CADD drawings developed shall be compatible with
TxDOT using Microstation V8 or V8I. The computer graphics files furnished must
comply with Attachment G of this contract, entitled TxDOT’s Document and
Information Exchange.
The Engineer shall provide earthwork cross-section data files in a GEOPAK format
as an evolving electronic data file and the latest version of the Houston District’s
PS&E checklist at each milestone submittal. TxDOT cross section criteria files
should be used to generate design cross sections. New criteria files should only be
developed in the absence of applicable existing TxDOT criteria files.
The PS&E shall be developed in English units using TxDOT’s latest specifications
and provisions. The final plan sheets shall be electronic and pdf versions, size 11”
x 17", signed, sealed and dated by a Professional Engineer registered in the state
of Texas. The plans shall be noted as copyrighted with TxDOT’s logo. PS&E for the
above work shall be prepared in accordance with the applicable requirements of
the TxDOT’s Specifications, Standards and Manuals. Whenever possible, the
TxDOT’s standard drawings, standard specifications, or previously approved
special provisions and/or special specifications shall be used. If a special provision
or a special specification must be developed or modified for this project, it shall be
in TxDOT’s format and, to the extent possible, incorporate references to approved
TxDOT test procedures. Any specifications developed by the Engineer shall be
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submitted to TxDOT for approval prior to inclusion in the PS&E. The Engineer shall
sign, seal, and date all project specific modifications to standard drawings.
The Engineer shall make submittals, as defined by the milestones in Attachment
"D" of the contract, and in accordance with the latest TxDOT's policies and
procedures. The submittals shall consist of two (2) 11"x17" paper sets along with
electronic submissions. The Engineer shall reply to each comment either within the
plan set or by separate cover letter with a response to comment matrix. The
Engineer shall make all agreed upon changes to the submitted documents before
the next scheduled submittal.
The Engineer may be required to meet with the City and TxDOT Project Managers
monthly to report on progress. After each meeting with the City and any other
meeting, the Engineer shall prepare meeting minutes, solicit and incorporate
participants’ comments, distribute the minutes, submit a memorandum
summarizing the events, including an ACTION ITEM LIST, within five (5) working
days of the meeting.
The Engineer may be asked to incorporate into the project PS&E package,
additional plans, specifications and quantities developed by others. The Engineer
shall insert the package, number sheets, and update the Index of Sheets and
provide a construction cost estimate of the plans developed by others. If significant
effort is needed, this work will be handled by supplemental agreement.
The Engineer shall prepare a design time schedule that shall indicate tasks, critical
dates, milestones, deliverables, review requirements in a format that depicts the
interdependence of the various items and shall be updated monthly and submitted
with the invoice. The Engineer shall provide assistance to City and TxDOT
personnel in interpreting the schedule. Milestone submittals shall be at 30%, 60%
90%, 95% and final. If the Engineer cannot meet the scheduled milestone review
date they are to advise the City and TxDOT in writing.
The Engineer shall prepare a construction time determination in accordance with
the TxDOT's Administrative Circular No. 17-93 be submitted one month prior to the
90 % milestone submittal. The Engineer shall provide assistance to City and
TxDOT personnel in interpreting the schedules.
In addition to scheduling software set forth above, reports and/or spreadsheets
prepared in connection with these services shall be in the Microsoft (MS) Office XP
software. The Engineer shall be required to maintain compatible versions to
TxDOT’s software packages.
The project's engineering work may be inspected by the City, TxDOT and the
Federal Highway Administration in the offices of the Engineer, except for the field
work which shall be performed on-site, and the sub-consultant work which will be
performed in the office of the sub-consultant. After notice to proceed is given in
writing, the PS&E for the work outlined above shall be completed and submitted to
the City within the negotiated contract period per the identified milestones in the
schedule.
All documents submitted to the City and TxDOT shall be accompanied by a letter of
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transmittal which shall include, but need not be limited to, road name, project limits,
county, CSJ, and contract number.
The Engineer shall designate one Texas Registered Professional Engineer to be
responsible throughout the project for project management and all
communications, including billing, with TxDOT.
The Engineer shall prepare and execute contracts with sub-consultants, monitor
sub- consultant activities (staff and schedule), and review and recommend
approval of sub- consultant invoices. Once sub-consultant contracts are executed,
the Engineer is to provide copies of each sub-consultant contract to TxDOT. Any
subsequent amendment to the Engineer’s contract with TxDOT by supplemental
agreement requiring services to be performed by a sub-consultant shall require an
amendment to the sub-consultant contract as well. This is to be reviewed and
approved by TxDOT.
The Engineer shall implement their Quality Assurance/Quality Control program
prior to submitting plans to the City for each of the milestones. A milestone
submittal is not considered complete unless the required milestone documents are
submitted.
The Engineer shall meet with the City and TxDOT monthly or as needed to discuss
progress of work and resolve any questions of design during the PS&E preparation.
Detailed description of work by Function Code:
ROUTE & DESIGN STUDIES (Function Code 110)
A. Data Collection: The Engineer shall collect, review and evaluate data
described below. The Engineer shall notify the City in writing whenever the
Engineer finds disagreement with the information or documents:
1. Data, if available, from the City or TxDOT, including “as-built plans",
existing schematics, right-of-way maps, SUE mapping, existing cross
sections, existing mapping, environmental documents, existing channel
and drainage easement data, PMIS data, identified endangered species,
identified hazardous material sites, current unit bid price information,
current special provisions, special specifications, and standard drawings.
2. Documents for existing and proposed development along proposed route
from local municipalities and local ordinances related to project
development.
3. Utility plans and documents from appropriate municipalities and
agencies.
4. Readily available flood plain information and studies from the Federal
Emergency Management Agency (FEMA), the U. S. Army Corps of
Engineers, local municipalities and other governmental agencies in
addition to that provided by TxDOT.
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B. Field Reconnaissance: The Engineer shall conduct field reconnaissance
and collect data including a photographic record (to be maintained in
Engineer’s office) of notable existing features.
C. Design Concept Conference: Design Concept Conference (DCC) is not
needed for this project. However, Design Summary Report (DSR) form,
along with supporting documents, needs to be filled out prior to the 30
percent milestone submittal and approved by the State.
D. Trail and Hydraulic Design Criteria: The Engineer shall design the project
according to the latest City of Pearland, Brazoria County Drainage District
No. 4, Harris County Flood Control, AASHTO, and TxDOT's design criteria.
The Engineer shall supply project specific design criteria (typical sections,
estimate, design exceptions, etc.) to be inserted into the Design Elements
form and submitted electronically for discussion at the DCC.
E. Preliminary Cost Estimate: The Engineer shall prepare a preliminary
construction cost estimate using Houston District’s 12-month and / or 3-
month average unit rates, as reasonable.
F. Geotechnical Borings. The Engineer shall determine the location of
proposed soil borings for trail pavement design, bridge design, embankment
settlement analysis, retaining walls, and slope stability in accordance with
the latest edition of the TxDOT Geotechnical Manual. The City and TxDOT
will review and provide comments for a boring layout submitted by the
Engineer showing the general location and depths of the proposed borings.
Once the Engineer receives the City’s and TxDOT's review comments they
shall perform soil borings (field work), soil testing and prepare the boring
logs in accordance with the latest edition of the TxDOT Geotechnical Manual
and Houston District’s procedures and design guidelines.
All geotechnical work should be performed in accordance with the latest
version of the TxDOT Geotechnical Manual. The Engineer shall review field
logs and assign laboratory testing. All testing shall be performed in
accordance with the latest version of the TxDOT Manual of Test Procedures.
ASTM test procedures can be used only in the absence of the TxDOT’s
procedures. All soil classification should be done in accordance with the
Unified Soil Classification System.
The Engineer shall perform retaining wall analyses, if applicable. This
analysis should include the computation of the factor of safety for bearing
capacity, global stability, overturning and sliding. In addition, the Engineer
should include allowable bearing pressure, passive earth pressure, friction
factor and lateral earth pressure for the retaining walls.
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, skin friction tables and
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design capacity curves including skin friction and point bearing. The skin
friction tables and design capacity curves should be present for piling and
drilled shaft foundation.
The Engineer shall provide recommendations for trail concrete pavement,
bridges, and retaining walls.
The Engineer shall incorporate soil boring data sheets prepared, signed,
sealed, and dated by the Geotechnical Engineer in the PS&E package. The
soil boring sheets shall be in accordance with TxDOT WINCORE software
as can be found on the Texas Department of Transportation website.
A separate proposal for geotechnical services is also attached in Attachment E.
ENVIRONMENTAL STUDIES & PUBLIC INVOLVEMENT (Function Code 120)
The services to be provided by the Engineer include preparation of appropriate
supporting documentation to support a Categorical Exclusion (CE) Determination
for the proposed City of Pearland Clear Creek Trail project. The project consists of
approximately 1.9 miles of ten-foot-wide bike/pedestrian off-roadway trail as shown
in green on the attached exhibit.
The proposed trail may require some easements and/or additional right-of-way
(ROW).
This scope of services and cost estimate is based on the proposed project being
approved as a C-List CE project under 23 CFR 771.117(c)(3) commonly referred to
as a C3 CE titled Construction of Bicycle and Pedestrian Lanes, Paths, and
Facilities. Approval of the CE determination will be made by the Texas Department
of Transportation (TxDOT) Houston District.
All work on the project shall conform to the applicable requirements of TxDOT and
the Federal Highway Administration (FHWA) as of the date of this Scope of
Services. All work to be performed shall be subject to review and approval by
Pearland and TxDOT. The project will be let for construction by Pearland.
The work required is described below according to each task to be performed. The
CE documentation will be prepared in accordance with TxDOT’s guidelines and
requirements as of the date of this scope of services.
Task 1 – Data Collection
ENGINEER shall collect, review and evaluate any necessary available and
appropriate data pertaining to this project and/or the project area, including but not
limited to, aerial photography, demographic maps/Census information, historical
and archeological site listings, USGS topographic quadrangle maps, national
wetland inventory maps, floodplain maps, hazardous materials database
information, proposed letting schedule, design drawings, and any pertinent
information related to this proposed project.
Task 2 – Air Quality Analysis
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In accordance with TxDOT’s Air Quality Handbook dated May 2017, a Traffic Air
Quality Analysis is not required because the project does not add capacity. Also, in
accordance with federal guidelines in Section 93.126 of Title 40 CFR, the proposed
project, a hike and bike trail, is exempt from a conformity determination. These
findings will be documented in an Air Quality Technical Report.
Task 3 – Mobile Source Air Toxics Analysis
In accordance with TxDOT’s Air Quality Handbook dated May 2017, a Mobile Source
Air Toxics (MSAT) Analysis is not required because the project is a CE project and
does not add capacity and is a project listed in 40 CFR 93.126.
Task 4 – Cultural Resources
Consultant will prepare a Project Coordination Request (PCR) and an
Archeological Background Study for coordination with TxDOT-ENV. The two
documents are intended to provide initial coordination and documentation to
assess effects under and comply with Section 106 of the National Historic
Preservation Act (Section 106) and the Antiquities Code of Texas.
Consultant will review the existing files in the Texas Historic Sites Atlas to
determine if any previously recorded structures or National Register of Historic
Places properties are located within or near the proposed project area. Consultant
shall prepare a Non-Archeological Historic Resources PCR (August 2015 version)
for review and comment by TxDOT-ENV.
Consultant will review the existing files held by the Texas Archeological Research
Laboratory (TARL) and the Texas Historical Commission (THC) to determine if any
previously recorded archeological sites, sites or districts listed in the National
Register, State Antiquities Landmarks, Registered Texas Historic Landmarks, local
landmarks/districts, architectural surveys, cemeteries, or archeological surveys
occur within or near the proposed project area. The location of any previously
recorded cultural resources sites and surveys will be plotted onto USGS 7.5-minute
topographic maps and aerial photographs to evaluate potential constraints.
Consultant will also consult the soil survey maps for Harris/Brazoria County,
relevant aerial photography, historical maps, land use maps, the Geologic Atlas of
Texas and other municipal archival sources to assess the likelihood for cultural
resource issues and make recommendations regarding impacts from Clear Creek
Hike & Bike Trail. The results of this effort will be integrated into Archeological
Background Study that summarizes potential impacts and constraints for the
proposed project and outlines the process for compliance with state statutes during
the planning process.
Field surveys are not included under this scope of work.
Task 5 – Water Quality
ENGINEER shall document compliance with Section 402 of the Clean Water Act
(CWA): Texas Pollutant Discharge Elimination System (TPDES), Construction
General Permit (CGP) requirements. The Storm Water Pollution Prevention Plan
(SW3P), if required, will be prepared by others. The ENGINEER shall identify any
impaired waters using the Texas Commission on Environmental Quality (TCEQ)
2018 Section 303(d) Clean Water Act list of impaired waters. This work will be
documented in TxDOT’s Surface Water Analysis Form dated January 2020.
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Task 6 – Floodplains
The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate
Map (FIRM) for the project location will be analyzed with respect to the proposed
project and the information documented. This task includes preparing an exhibit to
include any 100-year floodplain locations. This work will be documented in the
Surface Water Analysis Form identified under Task 6 above.
Task 7 – Wetland Determinations and Permitting
The wetland determinations will be conducted using the Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal
Plain Region, November 2010, version 2.0 and the U.S. Army Corps of Engineers
(USACE) Wetland Delineation Manual, Technical Report Y-87-1, January 1987,
Final Report (1987 Manual). This task will include completing Wetland
Determination Data Forms, according to the Supplement. This task will include
identifying any other waters of the U.S. (e.g. creeks, streams, etc.), which would be
subject to regulation under Section 404 of the Clean Water Act. The results of the
wetland determinations will be documented in a Waters of the U.S Delineation
Report.
This scope of services and fee is based on one jurisdictional stream (Clear Creek)
with adjacent wetlands being present within the project limits and that the project
will require a Nationwide Permit 14 with a Pre-Construction Notification (PCN). The
design drawings required for the PCN will be prepared by others. If it's
desired for ENGINEER to prepare the PCN design drawings, additional fee
will need to be added.
Task 8 – Vegetation Inventory
ENGINEER shall assess the existing vegetation in the immediate proposed project
area. The vegetation discussion will comply with the Memorandum of
Understanding (MOU) between TxDOT and Texas Parks and Wildlife Department
(TPWD) effective September 1, 2013. The results and findings will be documented
in TPWD’s Tier I Site Assessment dated December 2019 which assesses the need
for TPWD coordination.
Task 9 – Threatened and Endangered Species
ENGINEER shall conduct threatened and endangered species habitat
assessments using the U.S. Fish and Wildlife Service (USFWS) and TPWD
threatened and endangered species list and shall conduct a Natural Diversity
Database (NDD) search. The results and findings will be documented in TxDOT’s
Species Analysis Form dated January 2020 and Species Analysis Spreadsheet
dated April 2020. This scope of services and fee is based on a no effect
determination. The Species Analysis Form also addresses the Bald and Golden
Eagle Protection Act and Migratory Bird Treaty Act.
Task 10 – Hazardous Materials
ENGINEER shall conduct a hazardous materials initial site assessment for the
proposed project to identify sites within the project area that may have experienced
soil and/or groundwater contamination by hazardous materials. The assessment
will consist of a review of regulatory/governmental agency database records and an
onsite investigation. The regulatory database search will occur within the minimum
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search distances set by American Society for Testing and Materials (ASTM) E
1527-13. The results of the hazardous materials investigation will be documented
in TxDOT’s Hazardous Materials Initial Site Assessment Report dated December
2019.
Task 11 – Community Impact Analysis
ENGINEER will complete TxDOT’s Community Impacts Assessment Technical
Report Form dated August 2019. Since this is a hike and bike trail project and does
not involve any improvements or alterations to roadways or travel lanes, TxDOT’s
Demographic Characteristics for Community Impacts Study Area Table and
Detailed Economic Analysis Form dated August 2019 will not be required and is
therefore, not included in this scope of services or fee.
Task 12 – Indirect and Cumulative Impact Analyses
In accordance with TxDOT’s Indirect Impacts Analysis Guidance dated January
2019, a written indirect impacts analysis is not required for a CE project and will
therefore, not be conducted in this scope of services. Also, in accordance with
TxDOT’s Cumulative Impacts Analysis Guidelines dated January 2019, a written
cumulative impacts analysis is not required for a CE project and will therefore, not
be conducted in this scope of services.
Task 13 – Traffic Noise
Since this is a hike and bike trail project and will not involve additional capacity
improvements to any roadways and there will be no substantial vertical or
horizontal alterations to any roadways, a noise analysis will not be required in
accordance with TxDOT’s Traffic Noise Handbook dated May 2018 and their new
2019 noise policy.
Task 14 – Notice and Opportunity to Comment
A notice and opportunity to comment will be mailed directly to adjacent property
owners and affected local governments and public officials to inform them of the
project and allow them an opportunity to submit comments prior to the
environmental decision on the project (43 TAC 2.104). A 15-day comment period is
provided to these recipients.
Documentation of Notice and Opportunity to Comment will then be prepared which
will contain the following information:
• Cover Page;
• Comment/Response Matrix;
• Notices Provided;
• Comments Received;
This scope of services does not include any public meetings or public hearings.
This Scope of Services does not include prime farmlands, Section 4(f) Evaluation
(required for taking parkland, recreation land, and historic sites), Biological
Assessment/Biological Evaluation (associated with endangered species/habitat
impacts), Section 7 Consultation with the U.S. Fish and Wildlife Service, U.S. Coast
Guard Section 9 permit, USACE Section 10 permit or Section 404 Individual
Permit. Should any of these services be determined necessary, the ENGINEER will
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perform the associated work as additional services.
FIELD SURVEYING & PHOTOGRAMMETRY (Function Code 150)
Topographic surveying will be performed in compliance with the latest TxDOT
Survey Manual, as applicable. Survey limit consists of 7,700 feet (7,050 feet along
Brazoria County side and 650 feet along Clear Creek side of the creek) of corridors
for proposed trail survey along the high bank of the Clear Creek and 2,300 feet
along the west/ side of Pearland Parkway as shown in the attached exhibit in green
color alignment. Width of survey will be limited from toe of the creek to the existing
right of way of the creek (width could be extended to the edge of wooded area, if
accessible) and from west curb line of Pearland Parkway to the west Right of Way
line (width could be extended to the edge of wooded area if accessible). In
general, our office will perform necessary field and office work for the following
items:
• Survey datum will be based on NAD 83 horizontal and NAVD 88 vertical and
will be tied to the Texas State Plane Zone 4 Zone 401 FIPS 4204 TX S
Central.
• Use nearby TxDOT Survey Monument as the project benchmark. Establish
additional benchmarks with tie to the project baseline at intervals not
exceeding 1,000 feet.
• In addition, survey could be tied to the nearby TSARP monument with an
equation
• Establish survey controls along the project corridor
• Survey cross sections along the proposed trail alignment with spacing not
exceeding 100’ c-c. To indicate general type of terrain and alignment,
surveying of cross sections at closer spacing may be necessary at certain
locations for creek’s alignment.
• Cross section along the high bank of the creek will include as minimum toe
of the creek, water surface elevation, high bank of the creek, a point at
approximately 50’ spacing in between high bank and outer limit of the survey
and at obvious grade breaks. Cross section will only be surveyed along one
side of the creek as shown in the attached exhibit. Surveying cross section
may require limited brush clearing.
• Cross section along the side of the road will include as minimum edge of the
road (including curb/gutter) and a point at approximately 20’ spacing in
between edge of the road and outer limit of the survey and at obvious grade
breaks. Cross section will only be surveyed along one side of the road as
shown in the attached exhibit.
• Survey all topo and utility features within the limit including drainage
structures/culverts (with type and pipe size and flow line information) if any
exist within the survey limit.
• Survey existing amenities at tie-in location and detail first 100 feet of existing
trail as a minimum on the south end.
• Survey part of the parking lot and entrance of the University of Houston
Clear Lake tract at the north end.
• Survey existing drainage culverts for sizes and flow line. Probe silted areas
as needed to get the flow line of the flowlines of the culverts.
• Survey all water crossings at the intersection with the creek.
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• Survey channel intersection(s) with two cross sections upstream of the
potential crossing location.
• Invert all manholes and inlets (if any) within the limit.
• Locate water pipeline, support, low chord, etc. at existing bridge along
Pearland Parkway.
• Prepare a survey control map in compliance with TxDOT criteria and with
approved variances as applicable.
• Establish of design baseline (if different than survey baseline) in the field
after trail alignment is finalized.
• Survey geotechnical and environmental boreholes (if any), a separate trip
may be necessary for this task.
• Prepare a table for boreholes for use of the geotechnical/environmental
consultants.
• Contact and coordinate with private utility companies and One Call System
• Contact and coordinate with TxDOT, City, County, MUD, Drainage District,
etc. as needed to obtain available record drawings on topo and utilities.
• Perform limited abstracting and research to delineate approximate
ROW/boundary line typical of a topo survey. Any kind of boundary survey to
define ROW or boundary of the property is considered beyond the scope of
this project.
• Prepare a Plan view in Microstation DGN meeting TxDOT standards and
specifications with showing all topo features, surveyed elevations, estimated
right-of-way line, easements, lot lines, side texts, manhole inverts
information, etc.
• Prepare a Profile view in Microstation DGN showing ground lines, manholes,
inlets, drainage facilities, utility lines (if any), etc.
• Prepare a DTM model in Geopak meeting TxDOT standards and
specifications with surveyed information to generate contour of the site.
• Prepare Survey Control Index Sheet and a Horizontal and Vertical Control
Sheet, signed, sealed and dated by the professional engineer in direct
responsible charge of the surveying and the responsible Registered
Professional Land Surveyor (RPLS) for insertion into the plan set. The
Survey Control Index Sheet will show 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 will identify the primary survey control and the survey control
monumentation used in the preparation of the project survey control maps in
compliance with the TxDOT criteria.
• Stake project baseline in the field.
• Stake wetlands within the project limit with information provided.
• Stake estimated ROW lines with available information.
• Provide traffic control in and near survey limit.
• Completing TxDOT’s checklist as applicable.
All standards, procedures and equipment used shall be such that the results of
survey shall be in accordance with Board Rule 663.15, as promulgated by the
Texas Board of Professional Land Surveyors.
Exclusions:
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• Boundary level survey for determining of right of way of the creek/street
• Any Level A and B SUE category survey
• Surveying trees within wooded areas
• Setting design baseline and estimated ROW limit more than once
• Any Item not mentioned in the above scope of work
Additional Service:
If necessary, Level A & B SUE survey will be required at selected locations by the
design team. Such work will include the following tasks
• Perform Level B SUE survey with GPR technologies at selected locations for
locating underground lines
• Perform Level A SUE survey with nondestructive means at selected
locations. Depth of testhole are assumed to be limited within 20’.
• Survey findings from SUE Survey
Deliverables:
• MicroStation DGN drawing with topo and utility plan view of surveyed
information
• Microstation DGN drawing with profile view of ground and utilities
• DTM in Microstation Geopak
• Signed and sealed survey control map (survey control index sheets and
horizontal and vertical control sheets)
• ASCII files on surveying data
• Copy of the survey field book
ROADWAY DESIGN (Function Code 160)
A. Preliminary Geometric Project Layout: The Engineer shall develop a
preliminary geometric project layout (Layout) for the full length of the project
to be reviewed and approved by the City and TxDOT prior to the Engineer
proceeding with the 30 percent milestone submittal package.
The Layout shall consist of a planimetric file of existing features and the
proposed improvements within the existing and any proposed ROW. The
Layout shall also include the following features: existing and proposed
ROW, existing and proposed horizontal and vertical alignment and profile
grade line, cross culverts, bike trail widths, cross slopes, ditch slopes,
pavement structure, clear zone, corner clips, retaining walls (if applicable),
guard rail (if applicable), and water surface elevations for various rainfall
frequencies, etc. Existing major subsurface and surface utilities shall be
shown. The proposed alignment shall avoid the relocation of existing utilities,
as much as possible. The Engineer shall consider American with Disabilities
Act Accessibility Guidelines (ADAAG) requirements when developing the
Layout. The Layout shall be prepared in accordance with the current
Roadway Design Manual.
The Engineer shall also provide proposed and existing typical sections with
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the profile grade line (PGL), trail width, cross slopes, ROW lines, clearing
widths, ditch shapes, pavement structures and ADA clearances zones
depicted.
B. Trail Design: The Engineer shall provide trail plan and profile drawings
using CADD standards as required by the City and TxDOT. The drawings
shall consist of a planimetric file of existing features and files of the
proposed improvements. The roadway base map shall contain line work that
depicts existing surface features obtained from the schematic drawing.
Existing subsurface and surface utilities shall be shown. Existing and
proposed right-of-way lines shall be shown. Plan and Profile shall be shown
on same sheet.
The plan view shall contain the following design elements:
1. Calculated bike trail centerlines with horizontal control points shown. The
alignments shall be calculated using GEOPAK.
2. Pavement width dimensions.
3. Proposed structure locations, lengths and widths.
4. Drawing scale shall be 1" = 40’
5. Control of access line, & ROW lines and easements.
6. Cross slope changes.
7. Grading for drainage swales and other parallel drainage elements as
required.
8. Limits of rip rap, block sod, and seeding.
9. Existing utilities and structures.
10. Benchmark information.
11. Radii callouts and American with Disabilities Act Accessibility Guidelines
12. (ADAAG) compliance items.
The profile view shall contain the following design elements:
1. Calculated profile grade for proposed bike trail. Vertical curve data, including
“K" values shall be shown.
2. Water surface elevations at major stream crossing for 10-, 25-, 50-, and 100-
year storms.
3. Drawing vertical scale to be 1” = 4’.
The Engineer shall provide corresponding horizontal alignment data sheets.
The Engineer shall provide the design of a 10-foot wide shared use path. The
design shall be consistent with the approved schematic and the current Roadway
Design Manual, City of Pearland, and AASHTO Guide for the Development of
Bicycle Facilities requirements.
C. Typical Sections: Typical sections shall be required for all proposed trails
and structures. Typical sections shall include width of trail, clear dimensions,
border widths and ROW. The typical section shall also include PGL,
centerline, pavement design, longitudinal joints, side slopes, sodding and
seeding limits, station limits, common proposed and existing structures
including retaining walls, riprap, limits of embankment and excavation, etc.
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D. Cut and Fill Quantities: The Engineer shall develop an earthwork analysis
to determine cut and fill quantities and provide final design cross sections at
100 feet intervals. Cross sections shall be delivered in standard GEOPAK
format on 11"x17" sheets and electronic files. The Engineer shall provide all
criteria and input files used to generate the design cross sections.
Annotation shall include at a minimum existing and proposed right of way,
side slopes (front & back), profiles, etc. Two sets of drawings shall be
submitted by the Engineer at the 30% submittal.
E. Plan Preparation: The Engineer shall prepare plans, profiles and typical
sections for the proposed improvements. Prior to the 30% submittal the
Engineer shall schedule a workshop to review profiles and cross-sections
with the City and TxDOT. TxDOT will approve the profiles and cross
sections before continuing with the subsequent submittals.
F. Pavement Design: The Engineer shall incorporate the pavement design
approved by TxDOT for this project. The Engineer shall assume a pavement
design of 6” Concrete on 6" Lime Stabilized Subgrade. The final Pavement
Design may change from this assumption.
G. Pedestrian Facilities: The Engineer shall coordinate with TxDOT to
incorporate pedestrian facilities as required or shown on the project’s
schematic. All 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, 4th Edition.
H. Miscellaneous Drawings: The Engineer shall prepare the following
miscellaneous drawings:
1. Title Sheet
2. Index
3. Project Layout
4. Horizonal Alignment Data
DRAINAGE DESIGN (Function Code 161)
A. DRAINAGE DESIGN
1. DATA COLLECTION
The Engineer shall provide the following data collection services:
a. Field Inspection - Conduct field inspections to observe current
conditions along Clear Creek, Pearland Parkway outfall
channels, the cross-drainage structures, drainage easements,
tributary channels, and land development projects that may
contribute flow to the project area. Document field inspections
with digital photos.
b. Records Research - Collect available applicable data including
GIS data and maps, site survey data, construction plans,
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previous reports and studies, and readily available rainfall
history for the area. Particular sources of data collected must
include, but are not limited to, the State, County, and Federal
Emergency Management Agency (FEMA). Collect available
Flood Insurance Rate Maps (FIRMs), Flood Insurance Study
(FIS) study data, and any effective HEC-RAS or HEC-2 models.
c. Survey Data Review - Review survey data and coordinate any
additional surveying needs with State.
d. Stakeholder Coordination - 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.
2. HYDROLOGIC STUDIES
The Engineer shall provide the following services:
a. Hydrologic Criteria - 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. Local criteria includes
Harris County Flood Control District (HCFCD), City of Pearland
(COP), and Brazoria Drainage District 4 (BDD4)
b. Drainage Area Maps - Identify all existing tributary drainage
crossings of the project limits to Clear Creek and determine the
watershed area and runoff parameters of each crossing.
c. Calculate runoff estimates - The discharges for tributaries
crossing the project limits will be calculated using Rational
Method for areas smaller than 200-acres, HEC-HMS or
regression methods may be used as necessary for areas
greater than 200-acres. The results will be compared with two
or more methods. Consider the pre-construction and post-
construction conditions in the hydrologic study, as required in
the individual Work Authorization. The additional mixed-use
path may be accounted for by increasing percent development
or by a higher curve number, as deemed appropriate based on-
site conditions.
i. 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, GIS
modeling, construction plans, and existing hydrologic
studies. The Engineer shall not use existing hydrologic
studies without assessing of their validity. If necessary,
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obtain additional information such as local rainfall from
official sites such as airports. Utilize LiDAR, available
survey, site visits, and record drawings to assist in
developing drainage area boundaries. Land use
calculations for each drainage area will be performed using
record drawings, aerial topography, available topographic
information, and field reconnaissance.
ii. The report must include the full range of frequencies (50%,
20% 10%, 4%, 2%, 1%, and 0.2% AEP). Peak flows for
each drainage area shall be calculated for the design
frequency storm event.
iii. Summary tables of the peak flow runoffs will be provided
in the PS&E package
3. STORM DRAINS
The Engineer shall provide the following services:
a. Existing Storm Sewer and Drainage Evaluation - Identify
existing storm drain systems, localized drainage patterns, and
inlet locations along the project limits.
i. Evaluate potential impacts to the existing storm sewer
system along Pearland Parkway by comparing the
proposed path improvements to original design
documents. Identify those areas where the existing
storm sewer systems may be impacted. Discuss findings
with the State and discuss options of mitigating impacts
such as such as if oversized swales may be required to
off-set impacts.
ii. In areas without existing storm sewer the work will
include the evaluation of existing topography to help in
the evaluation of potential trail alignments that minimize
impacts to existing drainage patterns.
b. Mitigation Estimates - 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 as
necessary to control storm drain runoff for the design frequency
based on hydrograph routing for storm frequencies (10%, and
1% AEP) using the small watershed method, 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
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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.
The additional impervious cover from the proposed project will
be calculated. Mitigation volume at a rate of 0.65 acre-feet per
acre of impervious cover will be provided.
Cut and fill volumes for the proposed project will be calculated.
If there is a net amount of fill due to the proposed project,
mitigation volume will be provided so that there is no net fill.
c. Mitigation Alternatives – Develop mitigation alternatives to
address the estimated mitigation volume needs. Alternatives
may include storage in a shallow swale adjacent to the proposed
trail.
d. Overland Sheetflow Analysis - Prepare conceptual 1% AEP
sheet flow analysis for the project utilizing existing and proposed
conditions.
4. BRIDGE AND CROSS-DRAINAGE STRUCTURES
The Engineer shall provide the following services:
a. Document drainage areas and flows for cross culvert or bridge
drainage systems. Locations of existing and/or proposed culverts are
listed below based on current HEC-RAS stationing for Clear Creek.
i. South Bank Culvert (Right Side Looking Downstream)
• Near RAS STA. 176738 – Existing Culvert
• Near RAS STA. 173895 – Proposed Minor Culvert
• Near RAS STA. 173104 – Proposed Minor Culvert
• Near RAS STA. 170703 – Existing Culvert
ii. South Bank Existing Pond Outfall Weir Crossing (Right Side
Looking Downstream)
• Near RAS STA. 175051 – Existing Weir Crossing
• Near RAS STA. 170638 – Existing Weir Crossing
iii. South Bank Pedestrian Bridge (Right Side Looking
Downstream)
• Near RAS STA. 170000 – Proposed Bridge Crossing
b. Existing culverts will be evaluated for structural integrity to determine
if replacement is required due to pipe failure. The existing culvert will
also be evaluated for hydraulic capacity. Replacement of the existing
culvert would only occur if the culvert is undersized for a 2-year storm
frequency as Clear Creek is out of banks for storm frequencies above
a 2-year event, or if the culvert needs replacement due to structural
problems.
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c. Proposed culvert crossings are at low areas where there is existing
cross flow but no existing culverts across the proposed trail alignment.
Culverts will be sized for a 2-year storm frequency for minor tributaries
and will be sized for a 100-year storm frequency for major culverts.
d. Existing Weirs are locations where the proposed trail will cross an
existing overflow weir zone from an existing detention basin. A
pedestrian bridge is planned for these areas, but other pathway
improvements will be considered at these locations to armor the trail
and protect it from erosion during extreme events.
e. Determine the sizing of proposed drainage crossings, and existing
crossings that may need replacement. The scope may include new
culverts, extending, adjusting or replacing non bridge-class culvert
crossing or crossings. Develop designs that minimize the interference
with the passage of traffic or cause damage to 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 depending upon
the complexity of the crossing.
f. Existing and proposed hydrologic and hydraulic analysis of the
proposed pedestrian bridge crossing using HEC RAS and building on
the FEMA effective models. Determine recommended low chord
elevation and any necessary mitigation measures to maintain no
change in water surface elevation.
5. COMPLEX HYDRAULIC DESIGN AND DOCUMENTATION
The Engineer shall provide the following services:
a. Pedestrian Bridge Analysis at Clear Creek
i. Perform hydraulic design and analysis using appropriate
hydraulic methods. Crossings and channels will be analyzed
HEC-RAS. 2D models shall not be developed without the
express permission of the State.
ii. 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 Harris County
and Brazoria County floodplain administrator, it must be
utilized accordingly for this analysis. Review the
provided base model for correctness and updated as
needed.
iii. If the appropriate hydrologic model requires storage discharge
relationships, develop HEC-RAS models or other State’s
approved models that will account for these storage discharge
relationships along the channel.
iv. Consider pre-construction, present and post-construction
conditions, as well as future improvements to Clear Creek.
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v. The most current effective HEC-RAS model will be used to
evaluate the pre-project and post project conditions to
demonstrate no adverse impact to Clear Creek.
b. Quantify impacts due to proposed bridges and culverts, 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 culvert crossings. The State required approach for impact
prediction will be followed and is as follows:
• Compute existing and proposed peak flows by using
state defined hydrologic methodology. The additional
concrete trail proposed should be accounted for by
increasing percent impervious.
• Impacts will be evaluated based on the latest Harris
County Flood Control (HCFCD) criteria.
c. Compute water surface profiles for existing and proposed trail
conditions. The Engineer shall provide mitigation to offset any
increases in the 1% AEP water surface profile. For a FEMA Flood
Zone AE (as defined in the TxDOT Hydraulic Design Manual), the
ENGINEER shall obtain a zero rise in the water surface profile,
beyond the right of way line, unless otherwise approved by the State.
d. Provide calculations which quantify the cut and fill within the 1% AEP
flood plain, if any. Computes fill volumes within FEMA 100-year
floodplain and propose mitigation alternatives in the form of cut to
demonstrate no net fill in 100-year floodplain. A decrease in 100 year
flood plain volumes is not allowed.
e. Draft Drainage Impact Analysis Report - As noted in project
deliverables
f. Final Drainage Impact Analysis Report - As noted in project
deliverables
6. SCOUR ANALYSIS
The Engineer shall provide the following services:
a. Perform a scour analysis for each proposed bridge structure.
i. Pedestrian Bridge at Clear Creek
b. Prepare each scour analysis using a State-approved methodology
such as HEC-RAS (HEC-18). 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
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work on any Stream Migration Study. This coordination must include
consultation with the appropriate State technical expert.
c. Provide the State a signed and sealed scour analysis report
including the potential scour depths, envelope, and any
recommended countermeasures including bridge design
modifications or revetment or both.
5. 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:
i. Drainage Summary of Quantity Sheets
ii. Drainage Area Maps
iii. Hydrologic Data Sheets
iv. Hydraulic Data Sheets (for Cross Culverts)
v. Hydraulic Data Sheets (for Bridge)
vi. Culvert Layout Sheets
vii. Storm Drain and Lateral Plan/Profile Sheets
viii. Miscellaneous Details sheets
ix. Drainage for Pedestrian Bridge Approach
x. Minor Mitigation Design Sheets (Swale)
xi. Minor Mitigation Outfall Structures (from Swale)
xii. In case detention ponds are needed, supplemental will be
prepared for the detention pond sheets and submitted to
STATE for approval.
xiii. Miscellaneous drainage Details
xiv. Drainage Design Standards
b. Prepare culvert cross sections for non-bridge class culverts.
c. Identify areas requiring trench protection, excavation, shoring and de-
watering.
d. Prepare drainage area maps.
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e. Prepare plan and profile sheets for storm drain systems and outfall
ditches.
f. Select any necessary standard details from State or District’s list of
standards for items such as inlets, manholes, junction boxes and end
treatments.
g. Prepare details for non-standard inlets, manholes and junction boxes.
h. Prepare drainage details for outlet protection, outlet structures and
utility accommodation structures.
i. Identify pipe strength requirements.
j. Prepare drainage facility quantity summaries.
k. Identify potential utility conflicts and, if feasible, design to mitigate or
avoid those identified conflicts.
l. Consider pedestrian facilities, utility impacts, driveway grades,
retaining wall and concrete traffic barrier drainage impacts.
m. Identify existing ground elevation profiles at the ROW lines on storm
sewer plan and profile sheets.
n. Prepare Hydraulic Data Sheets for cross drainage structures at the
outfall channel and indicate site location (e.g., station and name of
creek or bayou), if applicable.
o. Develop layouts for the following:
i. Subsurface drainage at retaining walls.
ii. Pedestrian Bridge
iii. Outfall channels within existing ROW.
iv. 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.
SIGNING, PAVEMENT MARKINGS & SIGNALIZATION (Function Code 162)
A. Pavement Marking Layouts. The Engineer shall prepare a striping layout
and details per the AASHTO Guide for the Development of Bicycle
Facilities, 4th Edition.
MISCELLANEOUS (ROADWAY) (Function Code 163)
A. Retaining Walls. Retaining walls will be designed for the bridge
approaches for the bridge over Clear Creek and shall be concrete block
wall except for specialized retaining walls (cantilever, etc.) if required. The
Engineer shall provide an overall retaining wall layout, wall layouts,
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elevations, and typical cross sections of all retaining walls within the
project.
The specific requirements for each item are as follows:
1. Layout Plan
a. Designation of reference line
b. Beginning and ending retaining wall stations
c. Offset from reference line
d. Horizontal curve data
e. Total length of wall
f. Indicate face of wall
g. All wall dimensions and alignment relations (alignment data as
necessary)
h. Soil boring locations
2. Elevation:
a. Top of wall elevations
b. Existing and finished ground line elevations
c. Vertical limits of measurement for payment
d. Type, limits and anchorage details of railing (only if Traffic
Railing foundation standard is not being used on this project)
e. Top and bottom of wall profiles plotted at correct station &
elevation.
f. Underdrains
g. Any soil improvement, if applicable.
3. Sectional View:
a. Reinforced volume, if applicable.
b. Underdrain location
c. Soil improvements, if applicable.
4. Foundation Studies: The Engineer shall coordinate with the TxDOT
and BD4 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 TxDOT’s and
BD4’s review and comment.
5. The Engineer shall incorporate soil boring data sheets prepared,
signed, sealed, and dated by the Geotechnical Engineer. If new
borings are taken, the soil boring sheets shall be in accordance
with TxDOT
B. Traffic Control Plan, Detours & Sequence of Construction: The
Engineer shall prepare Traffic Control Plans (TCP) for the project as
necessary to construct the trail along any roadway or public access
facilities. The Engineer shall show barricades and construction fencing as
necessary to protect the public. Continuous, safe access to all properties
during all phases of construction is mandatory. The Engineer shall
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identify and delineate any outstanding ROW parcels. The Engineer shall
identify and delineate any temporary construction easements.
C. Exhibits for Utility Agreements: The Engineer shall coordinate with the
TxDOT regarding utilities. The Engineer shall prepare drawings using
English units early in the design phase to be used as exhibits in utility
agreements. The Engineer shall show existing utilities, including those in
conflict with construction on this project. The Engineer shall prepare plans
to avoid utility adjustments, if feasible. The Engineer shall incorporate all
requirements identified in the utility agreements. The Engineer shall
continue to maintain and update the utility exhibits as necessary.
Identify and evaluate utility conflicts with proposed construction. Prepare
and submit to the TxDOT, drawings for required utility agreement:
1. An 11 x 17-inch reproducible drawing and title
2. Each utility drawing shall include the following:
a. Existing right of way lines
b. Existing or proposed roadways
c. Proposed storm sewers, sanitary sewers, and water
d. Underground utility in plan and profile
e. Limits of existing pipe casing
f. Owner of utility
g. Control of access line
h. Proposed bridge bents and abutments
i. Benchmark data
j. Utility company construction contact and phone number
k. Typical section view lengthwise along all pipe alignments
crossing under the pavement.
3. Copies of correspondence with utility companies (if any)
4. Prepare a list of potential conflicts with existing utilities prior to the
30 percent submittal and at every milestone submittal date
thereafter. This utility conflict list must include station number,
name of utility company and type of facility, the contact person
(with address and telephone number), location of conflict (station
and offset), proposed highway facility, impacts to storm sewer,
roadway, drainage ditch and drilled shaft, expected clearance date,
effect on construction and type of adjustment necessary, etc. The
Engineer shall maintain and update the conflict list as necessary.
After submittal to Design Division, the Engineer shall need to
update the utility conflict list again due to ROW certifications.
D. Landscaping: The Engineer shall provide the following landscape
architectural services for the project.
1. Develop overall vision for the character of the trail corridor, including
bridge features.
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2. Design amenity aspects for the trail including trail amenities and
theming, such as site furniture, landscape irrigation and graphics.
3. Complete site visits of the proposed trail.
4. Prepare hand sketches and/or enhanced photos to illustrate ideas. This
work will be preliminary in nature and does not include construction
documents or administration.
5. Develop concepts only for trail heads.
Develop planting/seeding concepts and documentation for the corridor A separate
proposal for landscaping services is also attached in Attachment E.
PROJECT MANAGEMENT & ADMINISTRATION (Function Code 164)
The ENGINEER, in association with the City and TXDOT Project Managers shall
be responsible for directing and coordinating all activities associated with the
project to comply with TXDOT policies and procedures, and to deliver that work
on time.
Project Management and Coordination: The Engineer shall coordinate all
subconsultant activity to include quality of and consistency of plans and timely
administration of the monthly invoices and progress reports. The Engineer shall
coordinate with necessary local entities.
Design Schedule: The Engineer shall develop a design time schedule for the
project (using Microsoft Project) and update the progress of project design
throughout project duration.
BRIDGE DESIGN (Function Code 170)
All bridge structures shall be designed for appropriate loading for pedestrian
and bicycle facilities. The following structure will be designed:
1. Prefabricated Steel Truss Bridge over Clear Creek
A. Bridge Layout: The Engineer shall:
Prepare Bridge Layout plans and elevations for all bridge types listed below
in accordance with the latest edition of the TxDOT’s Load and Resistance
Factor Design Bridge Design Manual, Bridge Project Development Manual
and Bridge Detailing Manual. Submit the bridge layout to the TxDOT for
approval before proceeding to structural detail design. Coordinate with the
TxDOT to determine the location of soil borings to be drilled by the
Engineer.
The Bridge layouts in Plan View shall contain the following information:
1. Reference line, centerline, or profile grade line (bearing, location, and
station).
2. Horizontal curve information.
3. Right of way (if required).
4. Skew angle(s)
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5. Bearing of centerline
6. Slope for header banks and approach fills
7. Bridge width
8. Limits and type of riprap
9. Proposed features under structure
10. Location of profile grade line
11. North Arrow
12. Location of soil borings (station and offset)
13. Abutment stations and bearings
14. Retaining wall locations, if applicable
15. Stream flow direction (if any)
16. Railing types shown
Bridge Layouts in Elevation View should contain the following:
1. Type of foundation
2. Finished grade elevations at beginning and end of bridge
3. Overall length of structure
4. Length, type of spans
5. Type of railing
6. Existing and proposed ground lines clearly marked
7. Grid elevations and stations
8. Profile grade data
9. Type of riprap
10. Number, size and length of foundations
11. Drawing scale shall be as recommended in the bridge detailing
manual.
Bridge Layouts in Typical Transverse Section should contain the
following:
1. Widths
2. Profile grade line and horizontal control line
3. Cross slope
4. Type of structure
The Engineer shall develop bridge layouts and submit a 100%
complete bridge layout to the TxDOT at the 30% submittal to
provide ample review and design time. The Engineer shall not
proceed with detailed design until the preliminary bridge
layouts are approved by TxDOT.
PROJECT DELIVERABLES
Plan Set
The Engineer shall provide the following information at each submittal:
1. 30% Plans Submittal
1.1. Two sets of 11” x 17” plan sheets for the State District Review
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alongwith electronics files.
1.2. Estimate of construction cost.
1.3. Form 1002 and Design Exceptions with existing and proposed
typical sections, location map and design exception exhibits.
2. 60% Plans Submittal:
2.1. Two sets of 11” x 17” plan sets for the State District review alongwith
electronics files.
2.2. Estimate of construction cost.
3. Review Submittal (90%)
3.1. Two sets of 11” x 17” plan sheets for the State District Review
alongwith electronic files.
3.2. Estimate of construction cost.
3.3. Marked up general notes
3.4. Construction schedule.
3.5. Other supporting documents.
4. District Review Submittal (95%):
4.1. Two sets of 11” x 17” plan sheets for the State district review
alongwith electronics files.
4.2. List of governing Specifications and Special Provisions in addition
to those required.
4.3. Marked up general notes.
4.4. Plans estimate.
4.5. Right-of-Way and utilities certification.
4.6. Other supporting documents.
5. Final submittal (100%).
5.1. Two paper sets of 11” x 17” alongwith electronics files
5.2. Revised supporting documents from 95% review comments.
Electronic Copies
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
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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.
Calculations
The Engineer shall provide the following:
A 3-ring binder with all quantity and non-structural design calculations.
A bound copy of all 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 all 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).
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ATTACHMENT D
Anticipated Schedule
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ATTACHMENT E
Anticipated Maximum Fee
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54 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
55 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
56 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
57 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
58 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
59 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
60 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
61 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
62 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
63 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
64 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
65 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
66 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
67 DocuSign Envelope ID: CD48B543-9599-4594-B3E6-B8B58FBB19BB
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ATTACHMENT F
Insurance for Designated Professional Services Contracts
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ATTACHMENT G
Document and Information Exchange
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ATTACHMENT G
Computer Graphics Files for Document and Information Exchange
I. Project File Submission.
a. Engineer shall submit project files through:
1. Texas Department of Transportation (TxDOT) Dropbox Service, if possible, which is accessible at
https://ftp.dot.state.tx.us/dropbox, or
2. If the TxDOT Dropbox Service cannot be used, Engineer shall use one or more of the following
media formatted: compact-discs (CD), digital versatile discs (DVD), universal serial bus (USB) flash
drive, or any methods as directed by State.
b. Engineer shall make certain all files and media submitted to State are virus-free.
c. State will reject submissions that are not accompanied by a complete and accurate TxDOT Media
Information Form.
II. General Project File Requirements.
a. Compatibility with State Hardware and Software.
1. General Requirements
A. Unless directed in writing by State’s project manager, Engineer shall use only the software listed
in Table 1, Approved Software, in performing the work that is the subject of this agreement.
B. Engineer shall make certain that all media, files and data formats are completely compatible
with State’s information resources. Engineer is responsible for requesting any additional
information it deems necessary to ensure compatibility.
Table 1. Approved Software
Software Type Approved Software
Word Processing Microsoft Word 2010
Spreadsheet Microsoft Excel 2010
Database Microsoft Access 2010
Computer-Aided Design and Drafting (CADD) Bentley MicroStation V8i
Bentley GEOPAK Suite V8i
Operating System Microsoft Windows 7
2. Graphics File Requirements
A. Along with each graphics file submitted, Engineer shall submit plots generated from that file.
B. Using State’s hardware and software, each graphics file must display as plotted and
subsequently plot as displayed without conversion, translation, or additional manipulation.
C. Engineer shall not invoice State for any conversion or translation expenses incurred by the
Engineer to achieve compatibility with State hardware and software.
III. MicroStation Graphics Files Requirements
a. State will furnish, on its choice of media, the following:
1. TxDOT File Examples
2. TxDOT Plot File Examples
3. Applicable TxDOT CAD File Naming Convention Guideline
b. MicroStation Design File (DGN File) Characteristics
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1. Unless authorized in writing by State, Engineer shall provide DGN files consistent with TxDOT
standards including level use, font designations, line weight, and color criteria shown on the
Planimetric / DTM table.
2. Engineer shall promptly notify State’s project manager of any compatibility problems that arise
c. Project Design File Criteria.
1. Planimetric File.
A. Generally, the planimetric file is a product of stereo digitized aerial photography.
B. The planimetric file contains existing topographic and geographic features within the limits of the
projected contract.
C. The planimetric file serves as a foundation for referencing and the development of the proposed
improvements.
D. Unless authorized in writing by State, Engineer shall not modify the planimetric file.
2. Master Design File or Schematic Layout.
A. The master design file or schematic layout consists of a graphical description of proposed
improvements and contains graphic elements representing engineering alignments and
proposed features.
B. Categories that can simultaneously reference identical coordinates of the planimetric include
right of way maps, roadway design, bridge design, traffic signing, signals, striping and control
plans, and project limits profiles.
3. Sheet File.
A. Standard sheet format must be appropriate to the category of the design file it references.
B. The referenced design file must be displayed within a single sheet file and terminate by clip
referencing to match lines contained in the design file.
C. The sheet file must contain all annotation appropriate to the design file application or category
being referenced. Typical examples are text, dimensioning, ramp labeling, patterning, hatching,
profile data.
d. Graphics Media Requirements
Any media delivered to State by Engineer shall include documentation of the following:
A. Media directory listing
B. Symbology, weight, style, and color standards for design elements
C. Level menu showing level use consistent with State’s standards
D. Font characteristics and pen tables consistent with State’s standards.
E. Completed Media Information Form (see pages 4-9)
F. CAD File Naming Convention Guidelines for State’s District or Division in which the work is to
be performed.
e. Minimum MicroStation Graphics File Requirements.
At a minimum requirement, the DGN files shall be comprised of elements defined with the following
graphic entities and attributes.
A. Required Graphic Entities.
Line - 2 connected points that form a single entity
Line Strings – a series of connected points that form a single entity
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Polygon – a series of connected points that form a closed entity
Circle – the geometric definition of a circle (not a line string)
Arc – a segment of a circle (not a linestring or polygon)
Symbol – a group of graphic entities that form a single entity
Cell – a named, retrievable symbol
B. Required Entity Attributes.
Level – a drawing layer that can be selectively turned on or off
Line Weight – a line weight (width)
Line Style – a line symbology (dashed, dot-dash, etc.)
Color – a color code
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TEXAS DEPARTMENT OF TRANSPORTATION
MEDIA INFORMATION FORM
FIRM NAME
FIRM CONTACT PHONE NO
STATE CONTACT
MEDIA OPERATING SYSTEMS
MEDIA FORMAT
LIMITS
CONTRACT NO.
CSJ NO. HIGHWAY NO.
THE FILES HAVE BEEN SCANNED
FOR VIRUSES AND ARE VIRUS FREE:
(NAME)
(EXAMPLE FOR THE MEDIA LABEL: THE FILES LISTED ON THIS FORM THAT ARE ON 2
OR MORE MEDIA MUST BE LABELED WITH THE CSJ NO. 0999-99-9999 AND
NUMBERING SYSTEM OF 1 OF 2, 2 OF 2.)
MEDIA LABEL OF
TO BE COMPLETED BY THE STATE.
INDEX NUMBER: DATE RECEIVED:
RECEIVED BY:
DELIVERED BY:
VERIFIED VIRUS FREE: DATE:
SPECIAL INSTRUCTIONS:
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DRAWING INDEX
CSJ NO. HIGHWAY NO.
MEDIA LABEL OF CONTRACT NO.
DESIGN FILE
NAME
DESCRIPTION/STATION LIMITS SIZE SHEET REFERENCE
102ral01.dgn Alignment File
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LEVEL STRUCTURE
CSJ NO. DRAWING TITLE HIGHWAY
ROADWAY PLAN AND PROFILE
DESIGN FILE NAME STATION LIMITS SHEET NO
RPP09.DGN 1046+00 TO 1057+00 107
RF REFERENCE FILE NAME REFERENCE DESCRIPTION
1 ALIGN.DGN HORIZONTAL ALIGNMENT FILE
2 BGEOM.DGN BRIDGE GEOMETRY FILE
3 DTOPO.DGN DESIGN TOPOGRAPHY
4 RGEOM.DGN ROADWAY GEOMETRY FILE
5 PPSHT01.DGN REF BORDER FOR ROAD PLAN AND
PROFILE SHTS.
6 RDWYPRO.DGN PROFILE
CELL LIBRARY: XXX.CEL
PLOT CONFIG: XXX.PLT
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PLOTTING INFORMATION
CSJ NO.
MEDIA LABEL OF
HIGHWAY NO.
ACCOUNT/CONTRACT NO.
PLOTTING INSTRUCTIONS:
COLOR TABLES
PEN TABLES
CELL LIBRARIES
PLAN SHEETS (DGN.FILES)
PARCEL SKETCHES (DGN FILES WITH DIFFERENT DESC)
EXAMPLE DOCUMENTATION
AVAILABLE AT YOUR REQUEST
- Cell Library
- Plotting Pen Tables
- Menus
- Seed Files
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Planimetric / DTM
File Level Menu
Photogrammetry Feature DTM Microstation V8 Name Level
Control
Horizontal Control, Principal Point no p_control ground ctrl 1
Road
Paved Road , Curb yes p_road paved, curb 2
Dirt Road yes p_road dirt 3
Guard Rails no p_road guard rail 4
Guard Fences no p_road guard fence 5
Guard Posts no p_road guard post 7
Concrete Barrier no p_road conc barrier 6
Paint Stripe Solid and Dashed yes p_road paint stripe 62
Bridge End yes p_road bridge end 9
Cattle Guard no p_road cattle guard 16
Overhead Sign no p_road overhead sign 7
General Road Feature no p_road general feature 7
Railroad
Railroad Track RR Controls no p_railroad rr control 10
Drainage
Concrete Dam yes p_drainage conc dam 27
Concrete Drain yes p_drainage conc drain 28
Earthen Dam yes p_drainage earthen dam 26
Riprap yes p_drainage riprap 8
Culvert yes p_drainage culvert 9
Inlet yes p_drainage inlet 9
Water yes p_drainage water 25
Marsh yes p_drainage marsh 24
Structure
Building no p_structure building 11
Ruin no p_structure ruins 12
Sidewalk no p_structure sidewalk 13
Slab no p_structure slab 14
Porch, Deck no p_structure porch 15
Stairs, Steps no p_structure stairs 16
Fence, Gate, Post no p_structure fence 17
Retaining Wall no p_structure ret wall 18
Wall no p_structure wall 18
Cemetery no p_structure cemetery 23
Billboard no p_structure billboard 21
Sign, Sign Pole, Sign Post no p_structure sign 21
Antenna, Cellular Tower, Satellite Dish no p_structure antenna 20
Windmill no p_structure windmill 23
Flag Pole no p_structure flag pole 20
Pipes no p_structure pipe 23
Tank no p_structure tank 23
Area Under Construction no p_structure constr area 12
General, AC Unit, Goal Large, Small Circle no p_structure general 23
Unidentified Feature no p_structure unidentified 23
Utility
Fire Hydrant no p_utility fire hydrant 20
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Manhole no p_utility manhole 20
Marker, Meter, Valve no p_utility marker 20
Transmission Tower, transmission Line no p_utility trans tower 20
Pipeline no p_utitlity pipeline 22
General, Pole,Pole LP, TFP, LP
Traffic Light, Gas Light no p_utility general pole 20
Vegetation
Woods no p_veg woods 29
Tree no p_veg tree 29
Tree Farm no p_veg tree farm 30
Tree Orchard no p_veg tree orchard 29
Palm no p_veg palm 29
Digital Terrain Model (DTM)
Breakline yes p_dtm breakline 40
General Breakline yes p_dtm general breakline 53
Retaining Wall Breakline yes p_dtm retaining wall 48
Sidewalk Breakline yes p_dtm sidewalk 43
Mass Points yes p_dtm mass points 38
Water Obscured yes p_dtm water obscured 45
Obscured Area yes p_dtm obscured area 41
Pit and Fill Area yes p_dtm pit or fill area 24
Stock Pile yes p_dtm stock pile 19
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ATTACHMENT H
Overview Map
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