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HomeMy WebLinkAboutResolution - 3619 - Agreement- HDR Engineering Inc- Railroad Relocation, E-W Freeway Project Phase I - 05_23_1991Resolution No. 3619 May 23, 1991 Item #21 DWM:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock (as Owner) an Agreement to be entered into by and between said City and HDR Engineering, Inc. (as Engineer) for engineering services in connection with the railroad relocation and the East-West Freeway construction, said Agreement to be in the form approved by the City's Assistant City Manager for Development Services and the City Attorney's Office, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: e boyd, city Secretary APPROVED AS TO CONTENT: Jame E.,Bertram, Assistant City Manag or Development Services APPROVEVAS TO FORM: ni s W. McGi I I(, I ri a l' Attorney day of May 1991. w C. B. C. Mac/MIN , MAYOR AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS OWNER �l HDR ENGINEERING, INC. ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RAILROAD RELOCATION FOR EAST -WEST FREEWAY IN LUBBOCK PROJECT JULY 8, 1991 110,10 a W6112• ►II11 ►Y1. Page IDENTIFICATION OF THE PARTIES ................................. 1 DESCRIPTION OF THE PROJECT ................................... 1 Section 1--BASIC SERVICES ........................................ 1 1.1 General .................................................... 1 1.2 General ................................................... 1 1.3 Not Used .................................................. 1 1.4 Preliminary Design Phase ...................................... 1 1.5 Final Design Phase ........................................... 2 1.6 Bidding Phase ............................................... 3 1.7 Construction Phase - Administration of the Construction Contract ........ 3 SECTION 2--ADDITIONAL SERVICES ................................ 5 2.1 Additional Services ........................................... 5 2.2 Other Additional Services ...................................... 6 SECTION 3--OWNER'S RESPONSIBILITIES ............................ 9 SECTION 4--PERIODS OF SERVICE ................................ 11 4.1 General .................................................. 11 SECTION 5--PAYMENTS TO ENGINEER ............................ 13 5.1 Methods of Payment for Services and Expenses of ENGINEER ......... 13 5.2 Basis and Amount of Compensation for Basic Services ............... 14 5.3 Basis and Amount of Compensation for Additional Services ........... 14 5.4 Basis and Amount of Compensation for Other Additional Services ....... 14 5.5 Intervals of Payments ........................................ 14 5.6 Other Provisions Concerning Payments ........................... 15 SECTION 6--CONSTRUCTION COST AND OPINIONS OF COST .......... 16 6.1 Construction Cost ........................................... 16 6.2 Opinions of Probable Construction Cost ........................ 16 SECTION 7--GENERAL CONSIDERATIONS .......................... 17 7.1 Termination ............................................... 17 7.2 Reuse of Documents ......................................... 17 7.3 Indemnification ............................................. 18 7.4Insurance ................................................. 18 7.5 Controlling Taw ............................................ 18 7.6 Successors and Assigns ....................................... 18 7.7 Not Used ................................................. 19 7.8 Equal Employment and Nondiscrimination ........................ 19 7.9 Indemnification ............................................. 19 7.10 Construction Procedures ...................................... 20 7.11 Authority to Execute This Agreement ............................ 20 7.12 Changes and Modifications .................................... 20 7.13 Separability and Waiver ...................................... 20 7.14 Extent of Agreement ......................................... 21 APPENDIX EXHIBIT A - Scope of Services EXHIBIT B - Owner Resolution Authorizing Execution of Agreement EXHIBIT C - Engineer Resolution Authorizing Execution of Agreement EXHIBIT D - Summary of Compensation EXHIBIT E - Schedule AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES THIS IS AN AGREEMENT made as of July 8, 1991, between City of Lubbock, Texas with principal offices at 1625 13th Street, Lubbock, Texas 79401, hereinafter referred to as "OWNER' and HDR Engineering, Inc., with offices at 12700 Hillcrest Road, Suite 125, Dallas, Texas 75230-2096, hereinafter referred to as "ENGINEER," for planning, design and construction services for Relocation of the Seagraves, Whiteface & Lubbock Railroad to accommodate construction of the East-West Freeway in Lubbock, Texas, hereinafter called the "PROJECT." OWNER and ENGINEER, in consideration of the mutual covenants contained herein agree as follows: SECTION 1 - BASIC SERVICES 1.1 ENGINEER's basic services and responsibilities are outlined here and further defined in the Appendix, Exhibit A, "Detailed Scope of Services," which is part of this Agreement as if fully set forth herein. 1.2 General 1.2.1 ENGINEER shall provide professional services to OWNER as hereinafter provided. These services will include providing professional engineering consultation and advice and furnishing civil, structural, mechanical, and electrical, engineering services and related architectural/engineering services incidental thereto. 1.3 THIS PARAGRAPH LEFT OUT INTENTIONALLY 1.4 Preliminary Design Phase After written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 1.4.1 In consultation with OWNER and on the basis of the OWNER -approved Route Location Analysis documents, determine the general scope, extent and character of the PROJECT. - 1 - 1.4.2 Prepare Preliminary Design documents, consisting of design parameters, preliminary drawings, outline specifications and written descriptions of the PROJECT. 1.4.3 Advise OWNER if additional data or services of the types described in paragraphs 3.2 or 3.4 are necessary and assist OWNER in obtaining such data and services. 1.4.4 Submit a revised Opinion of Probable Construction Costs, based on the information contained in the Preliminary Design documents. 1.4.5 Furnish six (6) copies of the above Preliminary Design documents and present and review them in person with OWNER. 1.5 Final Design Phase After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.5.1 Prepare drawings and specifications for incorporation in the Contract Documents, based on the OWNER approved Preliminary Design documents and the revised Opinion of Probable Construction Costs. These documents are prepared to show the general scope, extent and character of the work to be furnished and performed by Contractor, hereinafter called "Drawings and Specifications." Said specifications will be prepared in conformance with the sixteen division format of the Construction Specifications Institute and based on ENGINEER'S standard specifications and General Conditions. 1.5.2 Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits with or obtaining approvals of governmental authorities that have jurisdiction to approve the design of the PROJECT and assist OWNER in consultations with appropriate authorities. Basic Services shall include two (2) meetings with governmental authorities. 1.5.3 Advise OWNER of any adjustments to the latest Opinion of Probable Construction Costs caused by changes in general scope, extent or character or design requirements of the PROJECT or Construction Costs. Furnish to OWNER a revised Opinion of Probable Construction Costs based on the Drawings and Specifications. 1.5.4 Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general and supplementary conditions of the construction contract, proposal form, invitations to bid and instructions to bidders, hereinafter referred to as "Contract Documents." 1.5.5 Furnish six (6) copies of the above documents and of the Drawings and Specifications and present and review them in person with OWNER. Provide the OWNER with the originals or a reproducible set of the Drawings and Specifications. Additional copies required for advertising and obtaining construction bids shall be provided by the OWNER. -2- 1.6 Bidding Phase After written authorization to proceed with the Bidding Phase, ENGINEER shall: 1.6.1 Assist OWNER in advertising for and contract as defined in Appendix, Exhibit A services; and attend pre -bid conferences. obtaining proposals for each separate prime for construction, materials, equipment and 1.6.2 Issue addenda as appropriate to interpret, clarify or expand the Contract Documents. 1.6.3 Consult with OWNER to determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Contract Documents. 1.6.4 Attend the bid opening and prepare bid tabulation sheets. Assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 1.7 Construction Phase - Administration of the Construction Contract During the Construction Phase ENGINEER shall: 1.7.1 Consult with and advise OWNER as set forth herein and as provided in the ENGINEEWs General Conditions and Supplementary General Conditions of the Contract for Construction included in the Contract Documents for the PROJECT. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Contract Documents shall not be modified, except as ENGINEER may otherwise agree in writing. OWNER shall issue all instructions to Contractor except as otherwise provided in writing. 1.7.2 Make visits to the site at intervals appropriate to the stage of construction, or otherwise agreed to by ENGINEER in writing, to observe the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, ENGINEER shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations, ENGINEER shall keep the OWNER informed of the progress and quality of the Work, and shall endeavor to alert the OWNER to defects and deficiencies in the Work of the Contractor. ENGINEER shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences, procedures of construction or for safety programs and precautions in connection with the Work. ENGINEER shall not be responsible for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the Contract Documents. -3- 1.7.3 Make recommendations to OWNER concerning the disapproval or rejection of Contractors' Work while it is in progress if ENGINEER believes that such Work will not produce a completed PROJECT that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the PROJECT as reflected in the Contract Documents. ENGINEER shall have access to the Work at all times wherever it is in preparation or progress. 1.7.4 Review or take other appropriate action with respect to Shop Drawings, samples and other data which Contractor is required to submit, but only for conformance with the design concept of the PROJECT and compliance with the information given in the Contract Documents. Such reviews or other action shall not include means, methods, techniques, sequences, or procedures of construction or safety programs and precautions incident thereto. 1.7.5 Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. 1.7.6 Make recommendations to OWNER regarding the advisability of requiring special inspections or testing of the Work and have authority, for the purposes of this paragraph, to receive and review all certificates of inspections, testings and approvals required bylaws, rules, regulations, ordinances, codes, orders or the Contract Documents to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents. 1.7.7 Act as initial interpreter of the requirements of the Contract Documents, judge the acceptability of the Work and make decisions on all claims of OWNER and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith and within the standard of care of the industry. 1.7.8 Determine the amount owing to Contractor based on ENGINEER's observations at the site and the data comprising the Application for Payment, and recommend in writing payments to Contractor in such amounts. Such recommendations of payment will constitute a representation to OWNER that the Work has progressed to the point indicated and that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections of others, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by ENGINEER. The issuance of a recommendation will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a recommendation for payment will not be a representation that the ENGINEER has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the OWNER to substantiate the Contractor's right -4- to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Price. 1.7.9 Receive and review maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and tests and approvals of equipment which are to be provided by Contractor in accordance with the Contract Documents. Determine that their content complies with the requirements of the Contract Documents and transmit them to OWNER with written comments. 1.7.10.1 Conduct a construction review to determine if the Work is substantially complete and conduct a construction review to determine if the completed Work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor and may give written notice to OWNER and Contractor that the Work is acceptable, subject to any conditions therein expressed. 1.7.10.2 Make one follow-up construction review,if required, for items found to be incomplete or nonconforming. If subsequent construction reviews are necessary, they will be done as Additional Services, including salary, time, travel, and living expenses. SECTION 2 - ADDITIONAL SERVICES AND OTHER ADDITIONAL SERVICES 2.1 Additional Services The following Additional Services, as further described in Appendix, Exhibit A, are not included in the Basic Services. Additional Services shall be provided and shall be paid for by the OWNER as provided in this Agreement, in addition to compensation for Basic Services. 2.1.1 Route Location Analysis After written authorization to proceed, ENGINEER shall: 2.1.1.1 Consult with OWNER to clarify and define OWNER's requirements for the PROJECT and review available data. 2.1.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services, including previous reports and available information, and if necessary, assist OWNER in obtaining such data and services. 2.1.1.3 Identify and analyze requirements of regulatory authorities having jurisdiction to approve the design of the PROJECT. 2.1.1.4 Provide analysis of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. -5- 2.1.1.5 Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 2.1.1.6 Review alternatives and economic analysis with the OWNER. 2.1.2 Provide Environmental Studies (Environmental Assessment Document) as related to the PROJECT. 2.1.3 Provide Public Involvement/Public Hearing assistance related to the PROJECT and participate in two (2) public involvement meetings and one (1) public hearing. 2.2 Other Additional Services The following Other Additional Services are not included as part of the Basic Services or Additional Services as described in Section 1 and Paragraph 2.1 respectively. The following Other Additional Services shall be provided if authorized or confirmed in writing by the OWNER and shall be paid for by the OWNER as provided in this Agreement, in addition to compensation for Basic Services and Additional Services. 2.2.1 Resident Field Representation 2.2.1.1 The OWNER and ENGINEER agree that more extensive representation at the site shall be provided than is described under Construction Phase - Administration of the Construction PROJECT. ENGINEER shall provide one Field Representative to assist ENGINEER in carrying out such responsibilities at the site. Field representation shall be on a full-time basis. Full-time Field Representation is defined as having a representative on -site when significant Work, as determined by ENGINEER, is in progress. 2.2.1.2 Such Field Representative shall be selected, employed, and directed by ENGINEER, and ENGINEER shall be compensated as mutually agreed upon between the OWNER and ENGINEER as set forth in this Agreement. The duties, responsibilities and limitations of authority of such Field Representative shall be described in the General Conditions of the Contract Documents. 2.2.1.3 Through the observations by such Field Representative, ENGINEER shall endeavor to provide protection for the OWNER against defects and deficiencies in the Work, but the furnishing of such field representation shall not modify the rights, responsibilities or obligations of ENGINEER as described in this Agreement. -6- 2.2.2 Provide project scheduling services. 2.2.3 Furnish the services of soils/geotechnical engineers or other consultants when such services are deemed necessary by ENGINEER. Such services shall include borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment, with reports and appropriate professional recommendations. 2.2.4 Prepare applications and supporting documents for obtaining the permits from and approval of authorities having jurisdiction over the PROJECT. 2.2.5 Performing Services resulting from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing. Revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. This includes those services resulting from incorporating information required by Paragraph 3.2 which is furnished to Engineer after the stated time schedule. 2.2.6 Preparing documents of alternate, separate, or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Final Design Phase, when requested by the OWNER, except as described in Appendix, Exhibit A. 2.2.7 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with the Work; and providing other special field surveys, except as described in Appendix, Exhibit A. 2.2.8 Preparing applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the PROJECT, preparing or reviewing environmental impact statements and assessments by others, reviewing and evaluating the effect on the design requirements of the PROJECT of any such statements and documents prepared by others and assisting in obtaining the approval of authorities having jurisdiction over the PROJECT, except as described in Appendix, Exhibit A. 2.2.9 Performing services to make measured drawings of, or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.2.10 Providing renderings or models for OWNER's use, except as described in Appendix, Exhibit A. -7- 2.2.11 Preparing documents for alternative proposals requested by OWNER for Contractor's Work which is not executed or documents for out -of -sequence work. 2.2.12 Conducting investigations and studies involving, but not limited to, consideration of operations, preventative maintenance programs, and maintenance and overhead expenses; providing value engineering during the course of design; preparing feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assisting with obtaining financing for the PROJECT; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; performing detailed quantity surveys of material, equipment and labor; and conducting audits or inventories required in connection with construction performed by OWNER. 2.2.13 Furnishing services of independent professional associates and consultants for other than Basic Services and Additional Services. 2.2.14 Assisting the Owner with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 2.2.15 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the PROJECT. 2.2.16 Performing services in connection with work directive changes and change orders to reflect changes requested by OWNER. 2.2.17 Making revisions to Drawings and Specifications occasioned by the acceptance by OWNER of substitutions proposed by Contractor. Performing services after the award of each contract to evaluate and determine the acceptability of additional substitutions proposed by Contractor beyond the listing of acceptable manufacturers in the Specifications. 2.2.18 Performing services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.2.19 Performing additional or extended services during construction made necessary by (1) Work damaged by fire or other cause during construction; (2) a significant amount of defective or neglected work of any Contractor; (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor; (5) failure of the Contractor to complete the Work within the time stipulated in the Contract Documents; (6) Approval of extensions of the time for performance. 2.2.20 Performing services in connection with any partial utilization of the PROJECT by OWNER prior to Substantial Completion. 2.2.21 Evaluating an unreasonable or extensive number of claims submitted by Contractor or others in connection with the Work. 2.2.22 Providing assistance in the closing of any financial or related transaction for the PROJECT. WE 2.2.23 Providing assistance in connection with the refining and adjusting of any equipment or system. 2.2.24 Performing services required for equipment fit up and connection. 2.2.25 Visiting the PROJECT with OWNER, to observe any apparent defects in the completed construction after acceptance by OWNER and assist OWNER in consultations and discussions with Contractor concerning correction of such deficiencies and make recommendations as to replacement or correction of defective Work. 2.2.26 Performing services in connection with level of detail related to design of the PROJECT, which is above the level necessary to secure bids but desired by the OWNER for more detailed instructions to Contractor(s) or for other use by OWNER's personnel. These include, but are not limited to: Electrical or Control Point -to -Point Drawings Conduit Run Plans and Routing Details Termination Drawings Electrical Elementary or Ladder Diagrams Piping Fabrication Details Reinforcing Steel Bar Schedules Material Quantity Schedules 2.2.27 Preparing a set of reproducible record prints of Drawings showing those changes made during the Construction process, based on the marked -up prints, drawings and other data furnished by Contractor to ENGINEER. 2.2.28 Performing services in connection with the PROJECT, including services which are to be furnished by OWNER in accordance with Section 3, and services not otherwise provided for in this Agreement. SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1 Designate in writing a person to act as OWNER's representative with respect to services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the PROJECT. 3.2 Provide to ENGINEER existing data, plans, reports and other information known to, in possession of, or under control of OWNER which are relevant to the execution of ENGINEER's duties on the PROJECT. Also, provide all criteria and full information as to OWNER's requirements for the PROJECT, including design criteria, objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and -9- any budgetary limitations and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. Provide within thirty (30) days after authorization to proceed, specific OWNER furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the PROJECT. The OWNER agrees to bear total responsibility for technical accuracy and content of OWNER -furnished documents. 3.3 Provide existing land surveys to include property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions, zoning, deed or other land use restrictions. 3.4 To the extent lawfully obtainable or attainable, the OWNER shall arrange for access to, and make all provisions for, ENGINEER or ENGINEER's Subconsultants to enter upon public and private property as required for ENGINEER and ENGINEER's Subconsultants to perform services under this Agreement. Should OWNER not be able to lawfully arrange for access, ENGINEER shall not be held liable for any resulting consequences. 3.5 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.6 Furnish, with assistance from the ENGINEER, approvals and permits from all governmental authorities having jurisdiction over the PROJECT and approvals and consents from others as may be necessary for completion of the PROJECT. ENGINEER shall prepare all necessary application information and documentation to assist the OWNER in obtaining Interstate Commerce Commission, Texas Railroad Commission, and all other appropriate regulatory authority approvals in connection with abandonment of the old railroad right-of-way and relocation to the new railroad right-of-way. OWNER shall execute and/or approve all applications and/or documents submitted to the OWNER by the ENGINEER as necessary for obtaining such regulatory approvals to proceed with the PROJECT. 3.7 Provide accounting, independent cost estimating and insurance counseling services as may be required for the PROJECT, legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the PROJECT including any that may be raised by Contractor, auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract, and inspection services as OWNER may require to ascertain that Contractor is complying with any laws, rules, regulations, ordinances, codes or orders applicable to his furnishing and performing the Work. 3.8 Advertise for proposals from bidders, open the proposals at an appointed time and place, and pay for all costs incidental thereto. -10- 3.9 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any condition that affects the scope or timing of ENGMEER's services, or any defect or nonconformance in the Work of any Contractor. 3.10 At no cost to ENGINEER, provide the above data and services and shall render approvals and decisions as is necessary for the orderly progress of ENGINEER's services. ENGINEER shall be entitled to rely upon the accuracy and completeness of all information and services provided by OWNER or at OWNER's direction. 3.11 Accept full technical/administrative and legal responsibility for any OWNER furnished standard details, technical or general specifications, test data, site data, record drawings, and similar items. SECTION 4 - PERIODS OF SERVICE 4.1 General The provisions of this Section 4 and the various rates of compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the PROJECT through completion of the Services contained herein. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the performance of ENGINEER's services and required extensions thereto. The proposed project schedule is included in the Appendix, Exhibit E. If specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such dates are exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall be subject to equitable adjustment. 4.2 Each phase of Basic Services as outlined in Section 1 will be completed and submitted within the stipulated period indicated, after written authorization to proceed with that phase of services. 4.2.1 Preliminary Design Phase - 120 calendar days. 4.2.2 Final Design Phase - 390 calendar days. 4.2.3 Bidding Phase - 60 calendar days. 4.2.4 Construction Phase - Administration of the Construction Contract - 360 calendar days. 4.3 Each phase of Additional Services as outlined in Section 2 will be completed and submitted within the stipulated period indicated, after written authorization to proceed with that phase of services. - 11 - 4.3.1. Route Location Analysis, Environmental Studies and Public Involvement 520 calendar days 4.3.2. Resident Field Representative 360 calendar days 4.4. Each phase of Other Additional Services as outlined in Section 2 will be completed and submitted within the stipulated period indicated, after written authorization to proceed with that phase of services. Period of Service for providing Other Additional Services shall be defined and agreed upon between OWNER and ENGINEER at such time as OWNER provides written authorization to proceed with those services. 4.5 ENGINEER's services under each Phase shall be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER; or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance. In each case, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the PROJECT shall be added to that particular Phase. 4.6 After acceptance by OWNER of ENGINEEWs Drawings, Specifications and other Design Phase documentation, including the most recent Opinion of Probable Construction Costs, and upon written authorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding Phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with a prospective Contractor. 4.7 The Construction Phase -Administration of the Construction Project will continence with award of the Contract for Construction and, together with ENGINEER's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final application for payment or of such due date, thirty days after the Date of Satisfactory Start-up and Demonstration of the Contract for Construction, whichever occurs first, or as otherwise mutually agreed. 4.8 If OWNER requests significant modifications or changes in the general scope, extent or character of the PROJECT, the time of performance of ENGINEER's services and the various rates of compensation shall be adjusted equitably. 4.9 If OWNER fails to give prompt written authorization to proceed with any Phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within ninety days of the Bidding Phase, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.10 If ENGINEER's design services or service during construction of the PROJECT are delayed or suspended in whole or in part by OWNER for more than ninety days for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.6.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or -12- if ENGINEER for any reason is required to render services for more than one year after Satisfactory Start-up and Demonstration is achieved under that contract, the various rates of compensation, including Additional Services, provided for elsewhere in this Agreement shall be subject to equitable adjustment. SECTION 5 - PAYMENTS TO ENGINEER 5.1 Methods of Payment for Services and Expenses of ENGINEER 5.1.1 Compensation Terms Defined 1. Payroll Cost shall mean the salary and wages at the time services are performed of all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, holiday pay and other group benefits. 2. Direct Labor Costs shall mean salary and wages at the time services are performed of all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel but does not include indirect payroll -related costs or fringe benefits. 3. Per Diem shall mean an hourly rate equal to Payroll Cost times an Overhead Multiplier of two and one-half (2.5) to be paid to ENGINEER as total compensation for each hour an employee of ENGINEER works on the PROJECT, plus Reimbursable Expenses. 4. Overhead Multiplier shall mean a factor by which the Payroll/Direct Labor Cost is multiplied to compensate for general and administrative overhead. When the basis of compensation is Per Diem, the Overhead Multiplier includes profit. When the basis of compensation is Cost Plus Fixed Fee, the Overhead Multiplier does not include profit. 5. Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the PROJECT, including, but not limited to Subconsultant or Subcontractor costs, transportation and subsistence incidental thereto, obtaining bids or proposals from Contractor(s), providing and maintaining field office facilities including furnishings and utilities, subsistence and transportation of Resident Project Representatives and their assistants, toll telephone calls, express mail and telegrams, reproduction of Reports, Drawings, Specifications, Bidding Documents, and similar PROJECT -related items in addition to those required under Section 1, and, if authorized in advance by the OWNER, overtime work requiring higher than regular rates. In addition, Reimbursable Expenses will also include -13- expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. 6. Lump Sum shall mean a fixed amount agreed upon in advance, subject to modifications and amendments, for services rendered. 7. Cost plus fixed fee shall mean compensation based on Direct Labor Cost times an Overhead Multiplier plus payment of a fixed amount agreed upon in advance, subject to modifications and amendments, for Engineer's services. 5.2 Basis and Amount of Compensation for Basic Services. 5.2.1. The Basis and Amount of Compensation for Basic Services shall be agreed upon at the time of the request by the OWNER for the ENGINEER to proceed with Basic Services. 5.3. Basis and Amount of Compensation for Additional Services 5.3.1 For Additional Services as described in Paragraph 2.1 and Appendix, Exhibit A, payment shall be on the basis of Cost Plus Fixed Fee. The Fixed Fee shall be Thirty-two Thousand, Four Hundred Eight Dollars ($32,408.00). The maximum amount payable for Additional Services as described in Appendix, Exhibit A, is Four Hundred Ninety-two Thousand, Three Hundred Forty-nine Dollars ($492,349.00). Estimated Costs are itemized in the Appendix, Exhibit D. The maximum amount payable will be revised in the event of change in scope, increased cost, complexity or character of PROJECT or periods of service which exceed those periods defined in Section 4 as mutually agreed in writing by OWNER and ENGINEER. 5.3.2 ENGINEER is not obligated to continue performance hereunder or otherwise to incur costs in excess of the allocated amount or limit or maximum cited above as Cost Plus Fixed Fee compensation for all or part of the PROJECT, unless and until OWNER has notified ENGINEER in writing that such allocated amount or limit or maximum has been increased and specifying the revised amount then allocated or the revised limit or maximum for the Services to be covered by the Cost Plus Fixed Fee Compensation. 5.4 Basis and Amount of Compensation for Other Additional Services 5.4.1 The Basis and Amount of Compensation for Other Additional Services shall be agreed upon at the time of the request by the OWNER for Other Additional Services. 5.5 Intervals of Payments 5.5.1 Payments to ENGINEER for Basic and Additional Services rendered and Reimbursable Expenses incurred shall be made once every month by OWNER. ENGINEER's invoices will be submitted once every month and will be based upon total -14- services completed at the time of billing. OWNER shall make prompt payments in response to ENGINEER's invoices. 5.5.2 Invoicing shall be prepared based on Direct Labor costs for the employees involved on the project. A provisional overhead rate factor of 161.6% for customary and statutory benefits and general and administrative overhead shall apply for computing partial payment of monies due and shall be adjusted to rates representative of actual overhead costs of the Engineer for the fiscal years during which work is accomplished, based on ENGINEER's practices developed in accord with sound accounting principles. The Engineer shall be reimbursed for Reimbursable Expenses incurred in connection with such services. 5.5.3 Payments to the ENGINEER for services rendered will be made based upon time worked, actual work performed, actual rates, and reimbursable expenses. Monthly payment of the fixed fee will be in proportion to actual costs paid as the work progresses. Five percent (5%) of the amount due and payable shall be withheld from each payment. Final payment of any money due shall be made to the ENGINEER after completion of all services and obligations covered in this contract. Release of all amounts withheld from monthly payments shall be made on December 31 of each year. 5.6 Other Provisions Concerning Payments 5.6.1 If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's statement, the amounts due ENGINEER will be increased at the rate of 1-1/2% per month from date of invoice, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.6.2 If the PROJECT is suspended or abandoned in whole or in part for more than 90 days, ENGINEER shall be compensated for all services performed prior to receipt of written notice from the OWNER of such suspension or abandonment, together with Reimbursable Expenses then due. If the PROJECT is resumed after being suspended for more than 90 days, ENGINEER's compensation shall be equitably adjusted. 5.6.3 Services performed by ENGINEER at request of OWNER between the completion of one phase and the start of the next phase or during periods when the PROJECT is suspended shall be considered Other Additional Services. 5.6.4 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of ENGINEER, compensation for any Basic or Additional Services required during such extended period of Administration of the Construction Contract shall be computed on the basis of Per Diem as defined in Section 5.1.1, Paragraph 3. -15- 5.6.5 If any items in any invoices submitted by ENGINEER are disputed by OWNER for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER shall promptly notify ENGINEER of dispute and request clarification and/or remedial action. After any dispute has been settled, ENGINEER shall include the disputed item on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only. 5.6.6 In the event of termination of this Agreement by either OWNER or ENGINEER, as provided in Paragraph 7.1, ENGINEER shall be entitled to payment for Services up to the time of termination, plus termination expenses. Termination expenses shall include labor, reimbursable expenses directly attributed to termination, and direct expenses associated with mobilization and demobilization of ENGINEER's personnel and facilities and any other costs incurred by Engineer not otherwise reimbursed. 5.6.7 The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER's compensation as reimbursable expenses. 5.6.8 Records of ENGINEER's Direct Labor Costs and Reimbursable Expenses pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting principles. Upon request, copies will be made available to OWNER at cost prior to final payment for ENGINEER's services. 5.6.9 Whenever a factor is applied to Direct Labor Costs for determining compensation payable to ENGINEER, that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting principles as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST 6.1 Construction Cost 6.1.1 The construction cost of the entire PROJECT (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire PROJECT designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights -of -way, or compensation for, or damages to properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and finance charges incurred in connection with the PROJECT or the cost of other services to be provided by others to OWNER. 6.2 Opinions of Probable Construction Cost 6.2.1 Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over -16- competitive bidding or market conditions, ENGINEER's Opinions of Probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's judgment performed in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances who are familiar with the construction industry. Therefore, ENGINEER cannot and does not guarantee that proposals or actual Total Project or Construction Costs will not vary from Opinions of Probable Construction Costs prepared by ENGINEER. If, prior to the Bidding or Negotiating Phase, OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Termination 7.1.1 This Agreement may be terminated in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. However, no termination for default may be initiated unless the other party is given a ten (10) calendar day cure period after written notice (delivery by certified mail, return receipt requested) of intent to terminate. 7.1.2 This Agreement may be terminated in writing (delivered by certified mail, return receipt requested) by OWNER for its convenience. 7.1.3 Upon any termination, ENGINEER shall (1) promptly discontinue all Services affected (unless a termination notice from OWNER directs otherwise); and (2) deliver or otherwise make available to OWNER after full payment for services, all documents, data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. All payments due ENGINEER at termination shall be made as provided in paragraph 5.6.6. 7.2 Reuse of Documents 7.2.1 All documents, including Drawings and Specifications prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the PROJECT and ENGINEER shall retain an ownership and property interest therein whether or not the PROJECT is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the PROJECT by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the PROJECT or on any other PROJECT. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER shall defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting -17- therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3 Indemnification ENGINEER agrees to perform its services under this Agreement in accordance with generally accepted standards of professional care. ENGINEER shall, without additional compensation, correct or revise any errors or deficiencies in the final designs, drawings, specifications and other services. ENGINEER shall not be responsible for corrective construction repair work unless caused by ENGINEER's negligence. ENGINEER shall indemnify and hold the City and the Seagraves, Whiteface and Lubbock Railroad Company, as a third -party beneficiary, harmless from and against any claim, cost, expense, damage, liability or loss suffered or incurred by the City or the Seagraves, Whiteface and Lubbock Railroad Company (including, without limitation, reasonable attorneys' fees and other reasonable costs and expenses incident to any suit, action or proceeding) arising out of or resulting from any negligent act, error or omission by ENGINEER or their agents, employees, contractors or officers. 7.4 Insurance 7.4.1 ENGINEER shall procure and maintain insurance or protection from claims under workers' compensation acts, employer's liability claims, a4ff&for damages because of bodily injury, including personal injury, sickness or disease or death of any and all employees, or - of any person other than such employees, and from claims or damages because of injury to or destruction of property, including loss of use resulting therefrom. ENGINEER shall procure contracts of insurance for Worker's Compensation, Employer's Liability, General Liability and Automobile Liability with combined single limits of not less than $1,000,000. ENGINEER shall name the City and the Seagraves, Whiteface and Lubbock Railroad Company as additional insureds on the General Liability and Automobile Liability Insurance policies. 7.4.2 ENGINEER shall maintain professional liability insurance for protection against claims arising out of performance of services under this agreement caused by negligent acts, errors or omissions for which ENGINEER is legally liable. The limits of liability shall not be less than $2,000,000 per claim and in the aggregate. 7.5 Controlling Law This Agreement is to be governed by and construed in accordance with the laws of the State of Texas. 7.6 Successors and Assigns 7.6.1 The parties hereby bind their respective partners, successors, executors, administrators, legal representatives and, to the extent permitted by paragraph 7.6.2., their assigns, to the terms, conditions and covenants of this Agreement. -18- 7.6.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in this Agreement (including, but without limitation, monies that may become due or monies that are due) without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. 7.6.3 Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, subcontractors and consultants as ENGINEER may deem appropriate to assist in the performance of Services. 7.6.4 Except as may be expressly stated otherwise in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.7 THIS PARAGRAPH LEFT BLANK INTENTIONALLY 7.8 Equal Employment and Nondiscrimination In connection with the Services under this Agreement, ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Opportunity statutes and regulations. 7.9 Indemnification 7.9.1 ENGINEER hereby states, and the OWNER acknowledges, that neither ENGINEER nor ENGINEER's consultants have any professional liability (errors and omissions) or other insurance, and is unable to reasonably obtain such insurance, for claims or claims expenses arising out of the performance of or failure to perform professional services, including, but not limited, to the preparation of reports, designs, drawings and specifications, related to the investigation, detection, abatement, replacement or removal of parts, materials or processes containing asbestos or relating to the actual, alleged or threatened discharge, dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste). Should ENGINEER, during its Hazardous Materials Investigations (Sec. I.B.3.), encounter any asbestos or pollutants on the project, ENGINEER shall promptly notify OWNER and OWNER shall immediately engage the services of a qualified engineering firm with the necessary expertise to handle all engineering work concerning any such asbestos or pollution problems encountered. The OWNER shall pay for such services. The engineering firm so engaged shall be responsible to the OWNER for providing all necessary engineering services concerning the above mentioned environmental problems encountered. Once the engineering firm engaged, as above mentioned, has completed all of the work necessary to deal with the environmental problems encountered, including, but not limited to, the oversight of the removal, abatement and disposition of such materials by the contractor, then the ENGINEER shall immediately render all engineering services necessary -19- iv to complete this contract. Notwithstanding anything ' contrary contained herein, the ENGINEER and expert engineering firm engaged pursuant to this provision shall coordinate their work so as to complete this contract on time. The OWNER shall only engage an expert engineering firm that is familiar with all Federal and State laws, rules or regulations that may be applicable to the environmental problems encountered. The expert engineering firm above mentioned shall prepare special conditions to be contained in the construction contract documents requiring every contractor to be able to remove, abate and dispose of any environmental materials encountered, such removal, abatement and disposal to be under the supervision of the expert engineering firm so engaged as above mentioned. The construction contract so engaged shall require the contractor to bid such work, as herein contemplated, as an alternate bid to be performed only upon notification, in writing, by the OWNER. Any and all services to be performed by the expert engineering firm so engaged and the contractor, as to the removal, abatement and disposition of environmental material shall conform to all Federal and State laws, rules and regulations governing such actions. 7.10 Construction Procedures ENGINEER shall not specify construction or service -related procedures and shall not manage, supervise, control or have charge of construction, nor shall ENGINEER implement or be responsible for health and safety procedures. ENGINEER shall not be responsible for the acts or omissions of contractors or other parties on the PROJECT and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor safety precautions and programs. ENGINEER's monitoring or review of portions of the Work performed under construction contracts shall not relieve the Contractor from his responsibility for performing the Work in accordance with applicable contract documents. 7.11 Authority to Execute This Agreement OWNER and ENGINEER shall each attach a resolution from its governing body authorizing the execution of this Agreement. Attachments shall be Exhibit B for OWNER and Exhibit C for ENGINEER. 7.12 Changes and Modifications The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made a part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. 7.13 Separability and Waiver In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. -20- 7.14 Extent of Agreement This Agreement, including all Exhibits, and any and all amendments, modifications, and supplements duly executed by the parties in accordance with this Agreement, govern and supersede any and all inconsistent or contradictory terms, prior oral or written representations or understandings, conditions or provisions set forth in any purchase orders, requisition, request for proposal, authorization of services, notice to proceed or other form or document issued by OWNER with respect to the PROJECT or ENGINEER's services. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Approved As To Content: By: Name: CJTes E. Bertram Title: sta City Manager for Development Services Approve As To Form: By: Name: J. Worth Full'ngim Title: Assistant City Attorney CITY OF LUBBOCK, TEXAS By: � •. C .-4& Name: B.C. McMinn Title: Mayor Address: 1625 13th Street Lubbock, Texas 79457 test: By: Name: Ranette Boyd Title: City Secretary "ENGINEER" HDR ENGINEERING, INC. Name: William R. Hindman, P.E. Title: Senior Vice President Address: 12700 Hillcrest Road Suite 125 Dallas, Texas 75230-2096 -21- APPENDIX EXHIBIT A DETAILED SCOPE OF SERVICES This exhibit expands the Scope of Services described in SECTION 1 - BASIC SERVICES and SECTION 2 - ADDITIONAL SERVICES and OTHER ADDITIONAL SERVICES of the Agreement for the PROJECT known as Railroad Relocation for East-West Freeway in Lubbock. The proposed PROJECT is further described as follows: The Proposed East-West Freeway will require the relocation of the Seagraves, Whiteface & Lubbock Railroad tracks, presently located along the East-West Freeway corridor, to a point between West Loop 289 and Reese Air Force Base. The relocated railroad must connect the existing tracks along the freeway corridor to the existing Santa Fe Railway tracks along Clovis Road, in addition to other connections which may be required. Special consideration must be given to the additional trackage required for the interchange of rail cars between the two different rail lines at the track intersection along Clovis Road. Appropriate revisions must also be made to the signals along the main line of the Santa Fe Railway. I. SCOPE OF SERVICES A. ROUTE LOCATION ANALYSIS (Additional Services, SDHPT Function Code 110) 1. Route Location Studies and Report a. Three alternative routes shall be evaluated b. The evaluation of each alternative will include an evaluation of Engineering, Environmental and Economic parameters. C. Each alternative route shall include: (1) Relocated railroad alignment which will provide for a smooth, uninterrupted connection between the trackage and facilities on the new right-of-way, and the railroad's existing track on its right-of-way southwest of Loop 289, also including switches, allowing a smooth interchange at the intersection of the new right-of-way and the railroad's existing tracks on its Whiteface line (new rails, ties, tie plates, spikes, switches, gates, lights, trackage and appurtenances as are necessary and appropriate for the operation of the railroad on, over and across the new right-of-way). (2) AT&SF Railway interchange trackage layout, including Page 1 7/91 2. 3. 4. switches providing smooth access with the AT&SF tracks at a point northwest of Loop 289 where the new right-of- way will intersect with the AT&SF tracks (3) Interchange railcar yard layout, located at approximately the location where the new right-of-way will intersect with the AT&SF tracks, containing at least three (3) tracks, with each track capable of storing at least forty (40) railcars (4) Switch connection location on the new right-of-way proximally east of Reese Air Force Base, so as to allow for future service to Reese Air Force Base (5) Yard location and layout, located along the railroad's Whiteface line and having access to a public road, suitable for the loading and unloading of aggregate and other commodities comparable to the yard presently being used by the railroad at the approximate location of the intersection of U.S. Highway 82 and S.W. Loop 289 (6) Recommendations regarding the location for a low volume "piggy back" facility (less than 100 lifts per day). (7) Recommendations regarding the location for a parking lot for an excursion train. The Seagraves Whiteface and Lubbock Railroad Company shall provide excursion train and parking lot design criteria consisting of maximum train length, number of parking spaces and sizes of proposed structures. (8) Recommendations regarding the location for a possible maintenance facility for the railroad. The Seagraves, Whiteface and Lubbock Railroad Company shall provide design criteria for the maintenance facility. Traffic Evaluations and Projections - An evaluation of existing and proposed automobile and train traffic shall be conducted for each potential public at -grade crossing, including recommendations for type of crossing protection or needs for grade separation for each crossing. Vehicle traffic data shall be provided by SDHPT. Train traffic data shall be provided by the Seagraves, Whiteface and Lubbock Railroad Company. Develop Design Criteria - Railway and roadway design criteria shall be developed for use in the development of alternatives and right-of-way. Preliminary Cost Estimates - Preliminary Construction cost estimates shall be developed for each alternative alignment. ROW cost data shall be provided by SDHPT. Page 2 7/91 5. Design Schematic - A design schematic shall be prepared for the preferred alignment as described in the section titled Design Controls (Function Code 160). (This schematic shall serve as the Right -of -Way Schematic to be furnished to the Railroad. Scale: 1" = 200') 6. Preliminary Right -of -Way Requirements - The preliminary right-of-way requirements shall be indicated on the design schematic. 7. Design Concept Conference - A design concept conference shall be held to review the preferred alternative. Page 3 7/91 B. ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Additional Services, SDHPT Function Code 120) 1. Environmental Reports - An Environmental Assessment containing the following shall be prepared. a. Description of the Proposed Project - Describe the location, length, termini and proposed improvements. b. Need - Identify and describe the problem which the proposed project is designed to correct. C. Alternatives Considered - Discuss all reasonable alternatives to the proposed actions which were considered. The EA may either discuss (a) the preferred alternative and the other alternatives considered or (b) if the preferred alternative has not been identified, the alternatives under consideration. d. Impacts - Discuss the social, economic and environmental impacts of the alternatives considered and describe why these impacts are considered not significant. e. Comments and Coordination - Describe coordination efforts and comments received from government agencies and the public: Formal coordination and communication with government agencies and the public shall be provided by SDHPT. If it is believed that the proposed project requires a Section 4(f) evaluation, the ENGINEER shall notify the OWNER. The ENGINEER shall proceed with development of technical data for a Section 4(f) evaluation after agreement between the OWNER and ENGINEER on additional scope and additional compensation and after receipt of written notice to proceed from OWNER. f. Appendices (if any) - Include only analytical information that substantiates an analysis which is important to the document. Other information should be incorporated by reference only. 2. Public Involvement a. All public involvement procedures shall be in accordance with SDHPT Administrative Order 23-82. b. Two public involvement meetings and one public hearing held in conjunction with SDHPT's East-West Freeway public hearing shall be scheduled, coordinated and conducted. C. Technical assistance,meeting/hearing preparation, maintenance of contact lists, minutes of meeting(s), and exhibit preparation shall be provided by the ENGINEER. The State Department Page 4 7/91 of Highways and Public Transportation (SDHPT) shall conduct the public hearing. d. Public Relations - SDHPT shall provide any required fact sheets and public relations or public notifications. 3. Hazardous Materials Investigations - the ENGINEER shall perform a Level 1 Hazardous Materials Investigation for the old and new railroad right-of-way. a. Task 1: A record search to determine past ownership and historical uses of "high risk" properties located within the project corridor. b. Task 2: Conduct a "windshield" survey to investigate sites for potential environmental contamination or hazardous materials storage violations. C. Task 3: A review of applicable local, state and federal records to determine possible permit violation or clean-up requirements within the project corridor. d. Task 4: An analysis of historical aerial photographs to determine prior land uses in the project vicinity. e. Task 5: A written Hazardous Materials Evaluation Report summarizing the results of the Investigation. Recommendations for a Level 2 Investigation will be made based on findings of the preliminary study. 4. General Guidelines for Preparation of Environmental Document a. The environmental document prepared shall be provided on paper and on a 3 1/2" IBM 1.44 ME diskette(s). b. Fifteen draft copies and fifteen final copies of the Environmental Assessment shall be provided. One copy with camera-ready artwork shall be provided for SDHPT use for attachment to the East-West Freeway environmental document, to be prepared by SDHPT. C. The environmental document shall be prepared in accordance with the content and format of FHWA Technical AdvisorX T6640•8A. d. Exhibits in the environmental document shall be limited to 11" by 17" where possible. C. RIGHT-OF-WAY (Other Additional Services, SDHPT Function Code 130) 1. No work involving right-of-way (ROW) data shall be performed until the OWNER has given the ENGINEER written approval of the location of the proposed ROW lines. Page 5 7/91 2. Ownership Data - Ownership Information shall be determined (Preliminary Title Data) 3. Right-of-way Map a. A ROW map including only plan sheets and ownership sheets shall be prepared and furnished. b. ROW map and field notes shall be revised as required due to changes in railroad design, ownership changes or revised parcel numbering. 4. Utility Adjustments - Railway Design Data shall be furnished for Utility Adjustments and ROW Determination as required. 5. Field Notes a. Prepare Field Notes for all Parcels using SDHPT format and language, referenced to the Texas State Plane Coordinate System b. Prepare Computation Sheets for Survey closure and Area for Each Parcel C. Survey and Prepare Field Notes and Plats on Individual Parcels b. General Guidelines for Preparation of Right -of -Way Map a. All procedures involving ROW map, surveys and field notes shall be in conformance with the SDHPT Right -of - Way Division Right -of -Way Manual, Book I and Book UI except as provided herein. b. ROW Map plan sheets and Ownership sheets shall be prepared for inclusion in SDHPT East-West Freeway ROW plans. C. Minimum mathematical calculations relative to field note data are: (1) Area of taking, if expressed in acres, will be carried to three decimal places or, if expressed in square feet, will be rounded to the square foot (2) Distances will be given to the nearest hundredth of a foot (3) Bearings will be carried to the nearest second. d. Data contained in the field notes and shown on the map shall be identical. e. Calls within the body of the field notes shall be written to identify property lines and the existing and proposed ROW lines. f. Project base line shall be drawn and stationed on the ROW map. g. Minimum size lettering shall be 5/32" height for hand Page 6 7/91 lettering and 140 for lettering by computer -aided design and drafting (CARD). h. As soon as property lines and parent tracts can be determined, the ENGINEER shall submit a preliminary map for review of parcel numbers. i. Zip -a -tone or similar products shall not be used on map sheets. j. All field notes shall be signed, dated and sealed by a Registered Professional Land Surveyor or Licensed State Land Surveyor. k. The ROW map sheets shall be ink on Mylar type tracing film or as otherwise authorized by the OWNER. 1. Field note data for all parcels shall be furnished. Page 7 7/91 D. FIELD SURVEYING AND PHOTOG(Other Additional Services, SDHPT Function Code 150) 1. Field Surveying a. Primary Project Control (1) 3 to 5 mile spacing (2) Precision shall be 1 part in 20,000 or better. (3) Horizontal control points shall be established by ENGINEER. (4) Vertical control points shall be established by ENGINEER. b. Secondary Project Control (1) Field survey for photogrammetric ground control shall be tied to the State Plane Coordinate system. (2) No traverse shall exceed 25 angle points. (3) The unadjusted angular error shall not exceed 2 seconds per angle, plus 14 seconds. (4) The unadjusted ratio of precision shall be one part in 10,000 or better. (The ratio of precision is the total length of the traverse divided by the total error.) (5) The unadjusted vertical error shall not exceed 0.03 foot per mile of traverse. (6) Project control base lines shall be established by ENGINEER (7) Photogrammetric ground control shall be established by ENGINEER (8) Horizontal control shall be established by ENGINEER (9) Vertical control point targets shall be established by ENGINEER C. Other Field Surveying (1) Stake and profile center line (2) The project base line shall be coincidental with, or parallel to, the stationed "Design Center Line." (3) Base line control points shall be established using 5/8- inch iron rods, 36 inches long, at P.C.'s, P.I.'s and P.T.'s of horizontal curves and at 1000' maximum intervals on tangents. (4) Establish bench mark circuit throughout the project. (5) Profile and cross section intersecting streets for tie into project. (6) Cross section drainage channels. (7) Tie to exposed underground and overhead public utilities (location and elevation) Page 8 7/91 (8) Stake ROW one (1) time using 5/8-inch iron rods, 36- inches long, marking P.C.'s, P.T.'s and property corners. (9) Stake soil core holes (10) Determine type of existing material, pavements, etc. (11) Profile existing drainage facilities. (12) Obtain elevations of manholes and valves of utilities within proposed ROW. 2. Photogrammetric Products a. Mapping (1) One (1) set of verification plots on bond paper at a nominal scale of 1" = 100', 1' Contour (2) Planimetric and topographic graphics files, scaled to 1" = 100' in an Intergraph format (3) Digital Terrain Model files in an Intergraph format E. PRELIMINARY AND FINAL DESIGN (Basic Services, SDHPT Function Code 160) 1. Geometric Design a. Develop Horizontal and Vertical Alignment b. Schematic Layout shall include: (1) The location of main tracks, turnouts, yard tracks, and loading and unloading facilities, as follows: (a) Relocated railroad alignment which will provide for a smooth, uninterrupted connection between the trackage and facilities on the new right-of- way, and the railroads' existing track on its right- of-way southwest of Loop 289, also including switches, allowing a smooth interchange at the intersection of the new right-of-way and the railroad's existing tracks on its Whiteface line (new rails, ties, tie plates, spikes, switches, gates, lights, trackage and appurtenances as are necessary and appropriate for the operation of the railroad on, over and across the new right-of- way). (b) AT&SF Railway interchange trackage layout, including switches providing smooth access with the AT&SF tracks at a point northwest of Loop 289 where the new right-of-way will intersect with the AT&SF tracks (c) Interchange railcar yard layout, located at Page 9 7/91 approximately the location where the new right- of-way will intersect with the AT&SF tracks, containing at least three (3) tracks, with each track capable of storing at least forty (40) railcars (d) Switch connection location on the new right-of- way proximally east of Reese Air Force Base, so as to allow for future service to Reese Air Force Base (e) Yard location and layout, located along the railroad's Whiteface line and having access to a public road, suitable for the loading and unloading of aggregate and other commodities comparable to the yard presently being used by the railroad at the approximate location of the intersection of U.S. Highway 82 and S.W. Loop 289 (f) Recommendations regarding the location for a "piggy back" facility (g) Recommendations regarding the location for a parking lot for an excursion train (h) Recommendations regarding the location for a possible maintenance facility for the railroad (2) Vertical and horizontal alignment of all tracks and intersected and cross roads in sufficient detail to determine ROW needs. (3) Provide a complete explanation of the sequence and methods of stage construction. (4) The tentative ROW limits (5) The geometrics (pavement cross slopes, lane . and shoulder widths, slope rates for fills and cuts) of the typical sections of cross roads. (6) The current and year 2005 projected traffic volumes for intersected cross roads shall be provided by the SDHPT. (7) Direction of traffic flow on all roadways. 2. General Guidelines for Project Development a. Prior to preparing detailed plans, a preliminary schematic layout shall be prepared on an uncontrolled aerial mosaic which indicates the general geometric features and location requirements. (1) Twelve copies of the schematic layout shall be submitted to the OWNER for approval and subsequent coordination with SDHPT and the SW&LR. Page 10 7/91 (2) No geometric design shall be performed until the OWNER has given the ENGINEER written approval of the schematic layout. b. All Preliminary and Final Geometric Design shall be in conformance with the American Railway Engineering Association Manual for Railway Engineering and AT&SF design criteria as applicable for track work and the SDHPT Hi t&wU Design Division QWrations and Procedures Manual for Roadway, except where variances are permitted in writing by the OWNER. C. The schematic layout shall include basic information including the items listed above in the checklist for Schematic Layout. d. Handling of traffic during construction shall be a consideration in the development of the schematic layout. e. Upon approval of the schematic layout by the OWNER, the schematic layout shall be the basis for an exhibit, to be provided by the ENGINEER, at the public hearing prior to final development of the project. (1) If there are any changes to the schematic after OWNER approval and before the public hearing, twelve copies of the revised schematic, as displayed at the hearing, shall be submitted either prior to or accompanying the public hearing data. (2) If there are no changes in the schematic as displayed at the hearing, only photographs of the schematic and other displays shall be submitted with the public hearing data. 3. Grading Design a. Based upon the approved schematic layout, refine the horizontal and vertical alignment of cross roads and tracks. b. Develop Typical Sections C. Develop Design Cross Sections using aerial photography d. Determine Cut and Fill Quantities 4. Track Structure Design a. Prior to initiating detailed plan preparations for the project, a preliminary investigation shall be made to determine the Mroximate section to be used for track structure. b. Typical sections of the proposed track structure design shall be furnished by the ENGINEER to the OWNER for approval. (1) No detailed preparation of the plans, specifications and estimates (PS&E) shall be performed by the ENGINEER until the OWNER has given written approval of the preliminary track structure design. Page 11 7/91 (2) Development of these sections shall be in consultation with the OWNER. C. Embankment and Subgrade (1) Soil Core Hole Survey (Cost estimate shown with Function Code 110). The location and minimum number of soil core holes required for this project are as follows: Along project center line, one boring each 1,000 feet (2) Identify, interpret and summarize geologic features that affect engineering design. (3) Modulus of Elasticity of Subgrade Materials (Cost estimate shown with Function Code 110). d. Track Details - Develop detail design of track, special track work (turnouts and crossings), road crossings and other track appurtenances. F. DRAINAGE (Basic Services, SDHPT Function Code 161) 1. Preliminary hydraulic design of all drainage structures (culverts, storm sewers, channels, pump stations etc.) shall be submitted to the OWNER for review. 2. Preliminary submission shall include the overall drainage plan, structure layout, and hydraulic computations. 3. No detailed design of drainage structures shall be performed, until the OWNER has given the ENGINEER written approval of the preliminary hydraulic design. 4. All hydraulic design shall be in accordance with the SDHPT Bridge Division HYDRAULICS MANUAL and OWNER's playa lake ordinance. 5. Hydrologic Studies, Discharges a. Drainage area maps shall be prepared showing existing conditions and proposed improvements. b. Hydrologic data/discharge shall be determined 6. Hydraulic Design and Documentation a. Hydraulic computations shall be provided for design of: (1) Culverts (2) Channels b. Federal Emergency Management Agency (FEMA) floodway requirements shall be identified 7. Layout, Structural Design and Detailing of Drainage Features including: a. Culverts Page 12 7/91 (1) New culverts (2) Culvert widening and/or lengthening (3) Culvert replacements b. Outfall channel(s) within the ROW C. Outfall channel(s) outside the ROW d. Detention Pond(s) within the ROW e. Detention Pond(s) outside the ROW 8. ENGINEER and OWNER agree that open channels are usually the most economical means of carrying water either to the ROW, away from the ROW, or along the ROW, therefore no design of closed storm drainage facilities has been planned for. G. SIGNING, MARKINGS AND SIGNALIZATION (Basic Services, SDHPT Function Code 162) 1. Signing and Markings Layout a. Requirements include separate layouts for: (1) Railway and Roadway (2) Center line with station numbering (3) ROW lines (4) Culverts and other structures that present a hazard to traffic (5) Location of utilities, if not shown on plan and profile (6) Existing signs (illustrated and numbered) to remain, to be removed, to be relocated (7) Proposed markings (illustrated and quantified) which include railroad and pavement markings, object markings and delineation (8) Quantities of existing markings to be removed 2. Sign Detail Sheets a. All signs b. Design details for large signs C. Dimensions of letters, shields, borders, comer radii etc. d. Designation of shields attached to guide signs H. MISCELLANEOUS ROADWAY (Basic Services and Other Additional Services, SDHPT Function Code 163) 1. Traffic Control Plan (TCP), Detours and Sequence of Construction (Basic Services) A detailed TCP shall be developed when traffic handling during construction involves complications for which a feasible solution is not covered by the Texas MUTCD or the current Barricade and Construction (BC) Standards. Traffic Control Plan Layouts shall include: Page 13 7/91 a. The sequence of construction and method of handling traffic during each phase. b. The existing and proposed traffic control devices that will be used to handle traffic during each construction sequence, including signals, regulatory signs, warning signs, construction warning signs, guide signs, route markers, construction pavement markings, channelizing devices, portable changeable message signs, flashing arrow boards, barricades, barriers, etc. C. The proposed traffic control devices (stop signs, signals, flagperson, etc.) at grade intersection during each construction sequence. d. Where detours are provided, typical cross sections shall be shown. e. Road construction work hours shall be developed after an investigation of the traffic volumes has been performed. 2. Illumination (Basic Services) a. Preliminary Roadway and Railroad Illumination Layout and Sign Lighting Electrical Circuit Layout - Lettering shall be a minimum size of 5/32" height for hand lettering and 140 for lettering by computer -aided design and drafting (CARD). b. Final Roadway and Railroad Illumination and Sign Lighting Electrical Circuit Layouts (1) Roadway layout showing pavement edges and shoulders, curbs, retaining walls, etc. (2) Center line with station numbering. (3) ROW lines. (4) Symbol legend. (5) Culverts and other structures that present a hazard to traffic. (6) Location of underground utilities, if not shown on plan profile. (7) Location of overhead electrical lines, both crossing and parallel to ROW. (8) Existing service poles, electrical circuits, ground boxes, etc. (9) Contact electric utility for service pole locations, voltage characteristics. (10) Location of proposed sign lighting circuits and roadway and railway illumination. (11) Proposed electrical circuits. (12) Tabulation of all quantities including proposed, existing to be relocated, and existing to be removed. Page 14 7/91 C. General Guidelines for Illumination - The ENGINEER shall submit, in advance of PS&E due date, the illumination and sign electrical circuit layout sheets for review by the OWNER. 3. Miscellaneous Drafting/Standards (Basic Services) 4. Compute and Tabulate Quantities (Basic Services) 5. Special Utility Details: Water, Sanitary, Sewer, etc. (Basic Services) 6. Miscellaneous Structures a. Type of Structure (1) Conventional Illumination Poles (2) Signal Support 7. Agreements (Other Additional Services) a. Utility Agreements b. Exhibits for Utility Agreements C. Railroad Agreements d. Railroad Exhibits (1) Railroad Grade Crossing (Pre -Cast Concrete, Rubberized or Wood Planking) (2) Railroad Grade Crossing Warning Systems (Signals) (3) Other Miscellaneous Sketches for Railroad 8. Estimate of Construction Cost (Basic Services) 9. Specifications and General Notes (Basic Services) 10. Bridge Design - No railroad or roadway bridge design has been included as part of this project. ENGINEER shall provide bridge design services as directed by the OWNER, upon agreement between ENGINEER and OWNER of additional scope and compensation and receipt of written authorization to proceed. I. CONSTRUCTION PHASE Administration of the Construction Contract (Basic and Other Additional Services) 1. Project Supervision (Basic Services, SDHPT Function Code 310) - Project Management and project engineering services will be provided. Field office facilities will be furnished by the Contractor. 2. Inspection (Other Additional Services, SDHPT Function Code 320) a. Resident field inspection b. Pay quantities and daily reporting of work completed, including ICC Accounting C. Maintenance of Project Records including progress and final estimates d. Final inspection e. Recommendations to OWNER for acceptance of work 3. Materials Testing (Other Additional Services, SDHPT Function Code 330) - The ENGINEER will provide all materials testing services Page 15 7/91 II. required during construction. 4. Project Control Surveys (Other Additional Services, SDHPT Function Code 340) - The ENGINEER will provide project control staking only. All other construction staking will be performed by the contractor. 5. Design Verification, Changes and Alterations (Basic Services, SDHPT, Function Code 351) a. Shop Drawing Review b. Field Change Orders C. Supplemental Agreements 6. Final Plan Preparation (Other Additional Services, SDHPT Function Code 352) a. As -built drawings b. Certified American Land Title Association (A.L.T.A.) survey or equivalent of the new right-of-way, prepared by a registered Texas land surveyor showing all improvements, the new facilities, lot lines, utility easements, roads, and showing no encroachments. EASEMENTS, LETTERS OF PERMISSION, PERMITS, ETC. A. EASEMENTS AND LETTERS OF PERMISSION (Other Additional Services) The ENGINEER shall be responsible for delineating all easements for purposes of proposed construction. The OWNER shall be responsible for securing the necessary legal instruments. B. PERMITS (Other Additional Services) ENGINEER will be responsible for preparation and coordination for obtaining all permits required for the project. The OWNER will be responsible for all permit application fees. The following permit applications will be prepared and coordinated with the appropriate agencies: 1. Interstate Commerce Commission 2. Texas Railroad Commission 3. 404 Permit (U.S. Corps of Engineers) 4. National Pollutant Discharge Elimination System (NPDES) Stormwater (Environmental Protection Agency) III. COORDINATION OF UTILITIES (Other Additional Services) The ENGINEER shall distribute prints of the project layout to various utility Page 16 7/91 companies to determine which utilities are in the limits of the project. These shall be preliminary and are not for platting purposes. Upon completion of the preliminary drainage plans, the ENGINEER shall distribute prints to the various utility companies and request a review of possible conflicts. Upon return of these prints, a meeting will be scheduled by the ENGINEER involving the OWNER, SDHPT, the Railroad, and the various utility companies to discuss potential conflicts and conformance with the SDHPT Utility Accommodation Policy. The ENGINEER shall be responsible for coordination with the various utility companies for exposing potential conflicts and field ties to uncovered utilities in potential conflict areas. IV. SPECIFICATIONS, SPECIAL PROVISIONS, SPECIAL SPECIFICATIONS (Basic Services) Specifications will be prepared in conformance with the sixteen division format for the Construction Specification Institute and based on ENGINEER's Standard Specifications and General Conditions: Wherever possible, SDHPT Standard Specifications and/or previously approved special provisions and/or special specifications shall be used. Specifications for railway work shall be prepared in accordance with the AREA Manual for Railway Engineering. Page 17 7/91 EXHIBIT B OWNER RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT EXHIBIT C ENGINEER RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT CERTIFICATE The undersigned hereby certifies that he is the Secretary of HDR Engineering, Inc., a Nebraska corporation, and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated May 15, 1991, the following resolution was unanimously adopted: "RESOLVED, that effective immediately and until June 20, 1992, or until termination of said individual from the Corporation, or until recision by the Corporation's Board of Directors, whichever occurs first, the following individuals are hereby granted the nondelegable authority to execute or approve on behalf of the Corporation, contracts for engineering services and architectural services incidental to engineering services to be rendered by the Corporation, but only upon completion and approval of the Project Review form, or releases of claim or lien in connection with such services, such contracts or releases so executed or approved shall be binding upon the Corporation: . . . . William R. Hindman - Senior Vice President ." The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. DATED 1991. (CORPORATE SEAL) Lo is J. Pachman, Secretary EXHIBIT D SUMMARY OF COMPENSATION This exhibit expands the Basis and Amount of Compensation described in SECTION 5 - PAYMENTS OF ENGINEER of the Agreement for the PROJECT known as Railroad Relocation for East-West Freeway in Lubbock. MDR ENGINEERING, INC. Seagraves, Whiteface & Lubbock Railroad HOURS AND LABOR COST SUMMARY Relocation for East-West Freeway zaaxx_ xxxsxxxxxxsx=xxzzzzxszzxxxxxxxsxxxzzzzxxxzszzzx� xxxxsxsx=xxcs=xxxxxxzxxzzzzaxaxxxxxxxxxxxxxsxxxxxzzzxxxzsxx=xx_ oosxxxzzzxxsaxxzxxx=x=xxxxxxzzxzxzzzxxsxxx ---------------------- MANHOURS -------------------------------------------- DIRECT DIRECT LABOR LABOR + FUNCTION MDR LABOR CATEGORY A B C D E F TOTAL COST OH COST CODE MRS (DLC) (DLCx2.616) 110 ROUTE AND DESIGN STUDIES 64 404 920 0 608 168 2,164 49,144.00 128,560.70 120 ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 54 440 368 64 300 196 1,422 33,444.00 87,489.50 ------------------------------------------------------------------------------------------------------------------------------------------------------------------ PROJECT TOTALS - MDR ENGINEERING 118 8" 1,288 64 908 364 3,586 $82,585.00 $216,050.21 MDR ENGINEERING - TOTAL LABOR COSTS --------------------------- S216,050.21 LABOR CATEGORIES: MDR ENGINEERING - DIRECT COSTS -------------------------------- Printing and Reproduction 7,500.00 Travel 17,500.00 Computer at S10.00/hour 2,000.00 CADD at $15.00/hour 3,600.00 Telephone, Postage, Misc. ----------------------------------------------------- 11,500.00 TOTAL DIRECT COSTS - MDR 42,100.00 SUBCONTRACTS Hicks 117,265.00 PSC 84,526.00 ------------------------------------------- TOTAL SUBCONTRACTS 201,791.00 MDR ENGINEERING - TOTAL COSTS $459,941.21 FIXED FEE 32,407.53 TOTAL -------------- TOTAL 492,348.74 A = Principal B = Project Manager C = Design Engineer D = Design Tech E = Drafter F = Clerical HDR ENGINEERING - WORK ESTIMATE DETAIL SHEET FUNCTION CODE 110 ROUTE AND DESIGN STUDIES xxxx=xxx====�=xaxxxsssaxraasxaxsaaaxxssssxxaas=saassasxx=xa-�_____=_x_x___________ ________x------xa=sss----xax--=��--------- --------------------- MANHOURS ------------------- DIRECT DIRECT LABOR LABOR + LABOR CATEGORY A B C D E F TOTAL COST OH COST FUNCTION PLAN HRS (DLC) (DLCx2.616) SUB -CODE SHTS WORK DESCRIPTION Project Management - 4 months 8 128 32 168 4,816.00 12,598.66 Kick -Off Meeting 8 16 32 24 16 96 2,176.00 5,692.42 Develop Study Plan and Scope 8 16 80 24 16 1" 3,376.00 8,831.62 Data Collection SW&LR Operations 4 24 4 32 776.00 2,030.02 AT&SF Operations 4 24 4 32 776.00 2,030.02 Existing Conditions 2 24 4 30 712.00 1,862.59 Piggyback Research 1 8 2 11 256.00 669.70 Maintenance / Dinner Train 1 8 2 11 256.00 669.70 Identification of Alternatives 8 40 120 80 16 264 5,928.00 15,507.65 Evaluation of Alternatives 4 24 80 8 116 3,032.00 7,931.71 Determine Preferred Route 4 16 40 60 1,680.00 4,394.88 15 Design Schematic 8 64 200 200 472 10,184.00 26,641.34 Preliminary ROW 2 24 40 40 106 2,412.00 6,309.79 Traffic Analysis 2 16 80 16 114 2,788.00 7,293.41 Report 8 40 120 240 40 448 8,456.00 22,120.90 Quality Control 4 8 40 8 60 1,520.00 3,976.32 15 FUNCTION CODE 110 TOTALS 64 404 920 0 608 168 2,164 $49,144.00 S128,560.70 LABOR CATEGORIES: A=Principal, B=Project Manager, C=Design Engr, Design Tech, E=Drafter, F=Clerical HDR ENGINEERING - DIRECT COSTS Printing and Reproduction S5,000.00 Travel S10,000.00 Computer at S10.00/hour S1,200.00 CARD at S15.00/hour S3,000.00 Telephone, Postage, Misc. S1,500.00 ------------------------------------------- TOTAL DIRECT COSTS S20,700.00 SUBCONTRACTS Parkhill, Smith & Cooper S29,912.00 ------------------------------------------- TOTAL SUBCONTRACTS S29,912.00 HDR ENGINEERING - TOTAL COSTS S179,172.70 FIXED FEE S19,284.11 -------------- TOTAL S198,456.81 =x==xx=xxcx=== HDR ENGINEERING- WORK ESTIMATE DETAIL SHEET FUNCTION CODE 120 ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT _______���___�_���-------xaxaaass�---xxxxxxxaxxxsssasxssssssxxxxsxssxxxsssssssaxsxxssassssssssssssxaxxxsasaxssssssxssssc=co==.cc. ------------------- MANHOURS ------------------------ DIRECT DIRECT LABOR LABOR + LABOR CATEGORY A B C D E F TOTAL COST OH COST FUNCTION PLAN HRS (DLC) (DLCx2.616) SUB -CODE SHTS WORK DESCRIPTION Project Management - 13 months 12 264 64 340 9,720.00 25,427.52 Hazardous Materials Investigation * 10 260 64 180 40 554 11,264.00 29,466.62 Review Coordinate DRAFT Report 4 20 4 28 856.00 2,239.30 Review Comments 2 20 4 26 772.00 2,019.55 Final Report 8 16 8 32 944.00 2,469.50 Coordinate with SDHPT/FHWA 2 40 8 50 1,460.00 3,819.36 Public Meetings (2) 8 24 60 40 40 172 3,644.00 9,532.70 Public Hearing (1) 4 16 48 40 8 116 2,536.00 6,634.18 Incorporate Comments 4 40 40 20 104 2,248.00 5,880.77 ---------------------------------------------------------------------------------------------------------------------------------- 0 FUNCTION CODE 120 TOTALS 54 440 368 64 300 196 1422 $33,444.00 $87,489.50 LABOR CATEGORIES: A=Principal, B=Project Manager, C-0esign Engr, Design Tech, E=Drafter, F=Clerical HDR ENGINEERING - DIRECT COSTS Printing and Reproduction $2,500.00 Travel $7,500.00 Computer at S10.00/hour $800.00 CADD at $15.00/hour $600.00 Telephone, Postage, Misc. $5,000.00 Haz. Materials Investigat $5,000.00 TOTAL DIRECT COSTS $21,400.00 SUBCONTRACTS Hicks $117,265.00 PSC $54,614.00 --------------------------------------- TOTAL SUBCONTRACTS $171,879.00 HDR ENGINEERING - TOTAL COSTS $280,768.50 FIXED FEE $13,123.43 -------------- TOTAL $293,891.93 ==xssaaxxxs:as * Hazardous Materials Investigation covers only Level I analysis of the existing railroad right-of-way and alternative routes. EXHIBIT E PROJECT SCHEDULE Railroad Relocation for East—West Freeway EXHIBIT E Proposed Project Schedule Months from Notice to Proceed Task and Description Project Management do Administatiot Prepare Eaviroamestal Assess=ent Work Plea A. KickOflMeeting B. Define Preliminary Study Plan C. Identify Site Access Requirements Develop Alternatives A. Evaluate Rail Operations B. Alternate Routes C. Alternate Rail Facili Alternate Route Selection. A Define Environmental Criteria B. Define Engineering Criteria C. Select Alternate Routes Conduct Assessments of Alternatives A. Field Studies/Data Collection B. Describe Eiristing Conditions C. Evaluate Potential Impacts D. Identify Potential Mitigation Select Preferred Rate A. Engineering Comparison B. Environmental Comparison C. Economic Comparison D. Select Preferred Route Prepare Emviroancatal Amewneat Repast A. Complete Preliminary Engineering B. Prepare Draft Report C. City, RR, SDHPT Review D. Incorporate Comments E. Submit Final Environmental Assessment F. SDHPTD-8Revicw G. FHWAReview oil H. Agency Comments I. Clearinghouse Notification J. Public Hearing Notification K Public Hearings L. Incorporate Comments M. Submit Revised EA to SDHPT N. SDHPT/ FHWA Review Project Management & Administatioa NIP — Prelimiaary Dcsip Prase A. Ground Control -- Aerial Mapping B. Coordinate with Geotech Consultant & Surveyor C. Preliminary Design D. Preliminary Drainage Design E. Prepare R.O.W. Plans F. Preliminary Cost Analysis G. Right —of —Way Acquisition Utility Relocation Final Design. Phase A. Prepare Construction Drawings B. Develop Construction Packages C. Earthwork Quantities & Material Sources D. Track Materials Procurement E. Final Cost Estimates F. Specifications G. Review by City, SDHPT, & SW&LR H. Incorporate Review Comments Biddinz Prase Final laspectioa Aoceptaace by Railroad As —Built Drawings ICC Accoantimg / Pay Estinates Demolition and Salvage (by Rail Railroad ROW Clear for Fnsv C to SUPPLEMENTAL AGREEMENT NO.4 TO CONTRACT FOR ENGINEERING SERVICES This supplemental agreement to contract for engineering services is made by and between HDR Engineering, Inc., hereafter called the "Engineer" and the City of Lubbock, hereafter called the "City". WHEREAS, the Engineer and City executed a Supplement Agreement No. 3 on the 8th of May, 1997 concerning general engineering services to be performed on the Railroad Relocation for the East-West Freeway in Lubbock, Texas; and WHEREAS, Exhibit A, Detailed Scope of Services, requires surveying work to be performed under Function Code 130; and WHEREAS, Exhibit D, Summary of Compensation, limits the maximum cost plus fixed fee (Phase 2 and 3) on the contract to $1,686,604; and WHEREAS, Exhibit E, Project Schedule, requires work to be completed on or before July 31, 2000; and WHEREAS, it has become necessary to amend the contract to eliminate Function Code 130 and the fees associated with this function code from February 1, 1998 forward and adjust the schedule duration of Function Codes 130, 150 and 163 for Project Management of Subconsultants and add Function Code 170 and the fees associated with this function code to support request of Canadian Water River Authority to design a bridge structure at the location where the proposed railroad relocation crosses their existing pipeline and revise overall project schedule. NOW THEREFORE, premises considered, the City and the Engineer agree that said contract is amended as follows: 1. Remove Function Code 130 from agreement as of February 1, 1998 and adjust Project Management duration to 9 months. Cost plus fixed fee maximum for Function Code 130 is $134,189. 2. Adjust Project Management duration for Function Code 150 to 12 months. Cost plus fixed fee maximum for Function Code 150 is $156,539. 3. Adjust Project Management duration for Function Code 163 to 38 months. Cost plus fixed fee maximum for Function Code 163 is $391,124. 4. Add Function Code 170 — Bridge Design. Cost plus fixed fee maximum for Function Code 170 is $46,599. 5. Revise Project Schedule to reflect completion on or before July, 31, 2001. 6. Decrease the contract cost plus fixed fee amount from $1,686,604 to $1,684,349 (an decrease of $ 2,255). IN WITNESS WHEREOF, the City and the Engineer have executed this supplemental agreement and accepted all terms and conditions this 11 day of , The CITY OF LUBBOCK Approved o c nt By: NAME: Mildred Cox TITLE: Director of Transportation ADDRESS: 1625 13th Street Lubbock, Texas 79401 TELEPHONE: (806) 775-2338 ENGINEER LO-A NAM Richard J. Vensas, P.E. TITLE: Senior Vice President ADDRESS: 12700 Hillcrest Rd., Suite 125 Dallas, Texas 75230 TELEPHONE: (972) 960-4400 Approved as to form:,, Linda Chamales, Supervising Attorney, Office Practice Section By: 12'm Qg� Bob Cass, City Manager _a. APPENDIX EXHIBIT A DETAILED SCOPE OF SERVICES This exhibit expands the Scope of Services described in SECTION 1 - BASIC SERVICES and SECTION 2 - ADDITIONAL SERVICES and OTHER ADDITIONAL SERVICES of the Agreement for the PROJECT known as Railroad Relocation for East-West Freeway in Lubbock. The proposed PROJECT is further described as follows: The Proposed East-West Freeway will require the relocation of the West Texas & Lubbock Railroad (WT&LR) tracks, formerly the Seagraves, Whiteface & Lubbock Railroad (SW&LR), presently located along the East-West Freeway corridor, to a point between West Loop 289 and Reese Air Force Base. The relocated railroad must connect the existing tracks along the freeway corridor to the existing Burlington Northern Santa Fe (BNSF) Railway tracks along Clovis Road, in addition to other connections which may be required. Special consideration must be given to the additional trackage required for the interchange of rail cars between the two different rail lines at the track intersection along Clovis Road. Appropriate revisions must also be made to the signals along the main line of the BNSF Railway. I. SCOPE OF SERVICES A. ROUTE LOCATION ANALYSIS (Additional Services, TxDOT Function Code 110) 1. Route Location Studies and Report a. Four alternative routes shall be evaluated b. The evaluation of each alternative will include an evaluation of Engineering, Environmental and Economic parameters. C. Each alternative route shall include: (1) Relocated railroad alignment which will provide for a smooth, uninterrupted connection between the trackage and facilities on the new right-of-way, and the railroad's existing track on its right-of-way southwest of Loop 289, also including switches, allowing a smooth interchange at the intersection of the new right-of-way and the railroad's existing tracks on its Whiteface line (new rails, ties, tie plates, spikes, switches, gates, lights, trackage and appurtenances as are necessary and appropriate for the operation of the railroad on, over and across the new right-of- way). (2) BNSF Railway interchange trackage layout, including switches providing smooth access with the BNSF tracks at a point northwest of Loop 289 where the new right-of-way will intersect with the BNSF tracks. Page 1 12/98 0 (3) Interchange railcar yard layout, located at approximately the location where the new right-of-way will intersect with the BNSF tracks, containing track capable of storing at least eighty (80) railcars. (4) Switch connection location on the new right-of-way proximally east of Reese Air Force Base, so as to allow for future service to Reese Air Force Base. (5) Yard location and layout, located along the railroad's Whiteface line and having access to a public road, suitable for the loading and unloading of aggregate and other commodities comparable to the yard presently being used by the railroad at the approximate location of the intersection of U.S. Highway 82 and S.W. Loop 289 and having yard tracks capable of storing at least eighty (80) railcars. (6) Recommendations regarding the location for a low volume "piggy back" facility (less than 100 lifts per day). (7) Recommendations regarding the location for a parking lot for an excursion train. The West Texas and Lubbock Railroad Company shall provide excursion train and parking lot design criteria consisting of maximum train length, number of parking spaces and sizes of proposed structures. (8) Recommendations regarding the location for a possible maintenance facility for the railroad. The West Texas and Lubbock Railroad Company shall provide design criteria for the maintenance facility. 2. Traffic Evaluations and Projections - An evaluation of existing and proposed automobile and train traffic shall be conducted for each potential public at - grade crossing, including recommendations for type of crossing protection or needs for grade separation for each crossing. Vehicle traffic data shall be provided by TxDOT. Train traffic data shall be provided by the West Texas and Lubbock Railroad Company. 3. Develop Design Criteria Railway and roadway design criteria shall be developed for use in the development of alternatives and right-of-way. 4. Preliminary Cost Estimates - Preliminary Construction cost estimates shall be developed for each alternative alignment. ROW cost data shall be provided by TxDOT. 5. Design Schematic - A design schematic shall be prepared for the preferred alignment as described in the section titled Design Controls (Function Code 160). (This schematic shall serve as the Right -of -Way Schematic to be furnished to the Railroad. Scale: 1" = 200). 6. Preliminary Right -of -Way Requirements - The preliminary right-of-way requirements shall be indicated on the design schematic. 7. Design Concept Conference - A design concept conference shall be held to review the preferred alternative. Page 2 12/98 B. ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Additional Services, TxDOT Function Code 120) 1. Environmental Reports a. An Environmental Assessment Coordination Document containing the following shall be prepared, anticipating the need for a Draft Environmental Impact Statement. 1. Description of the Proposed Project - Describe the location, length, termini and proposed improvements. 2. Need - Identify and describe the problem which the proposed project is designed to correct. 3. Alternatives Considered - Discuss all reasonable alternatives to the proposed actions which were considered. 4. Impacts - Discuss the social, economic and environmental impacts of the alternatives considered and describe whether or not impacts are considered to be significant. 5. Comments and Coordination - Describe coordination efforts and comments received from government agencies and the public: Formal coordination and communication with government agencies and the public shall be provided by Texas Department of Transportation (TxDOT). If it is believed that the proposed project requires a Section 4(f) evaluation, the ENGINEER shall notify the OWNER. The ENGINEER shall proceed with development of technical data for a Section 4(f) evaluation after agreement between the OWNER and ENGINEER on additional scope and additional compensation and after receipt of written notice to proceed from OWNER. 6. Appendices (if any) - Include only analytical information that substantiates an analysis which is important to the document. Other information should be incorporated by reference only. b. A Draft Environmental Statement (DEIS) containing the following shall be prepared in accordance with applicable TxDOT, Federal Highway Administration (FHWA), Interstate Commerce Commission (ICC) and National Environmental Policy Act (NEPA) requirements. 1. Title Page 2. EIS Identification Number 3. Summary 4. Table of Contents 5. Purpose and Need for Action 6. Discussion of Alternatives including the preferred alternative, all reasonable alternatives and other alternatives considered but dropped from detailed study 7. Affected Environment Page 3 12/98 8. Environmental Consequences as identified in the Texas DOT (TxDOT) Operations and Procedures Manual, Part • II-B, Environmental and Public Involvement Procedures During Project Specific Planning and Development 9. List of Preparers 10. List of Agencies, Organizations and Persons to Whom Copies of the Statement are Sent 11. Comments and Coordination 12. Index 13. Appendices C. A Final Environmental Impact Statement (FEIS) shall be prepared after appropriate interagency review within time limits prescribed by the Code of Federal Regulations, Title 23, Part 771. One draft and one final FEIS will be prepared. 2. Public Involvement a. All public involvement procedures shall be in accordance with TxDOT Administrative Order 23-82. b. Three public involvement meetings and one public hearing held in conjunction with TxDOT's East-West Freeway public hearing shall be scheduled, coordinated and conducted. C. Technical assistance, meeting/hearing preparation, maintenance of contact lists, minutes of meeting(s), and exhibit preparation shall be provided by the ENGINEER. The TxDOT shall conduct the public hearing. d. Public Relations - TxDOT shall provide any required fact sheets and public relations or public notifications. 3. Hazardous Materials Investigations - the ENGINEER shall perform a Level 1 Hazardous Materials Investigation for the old and new railroad right-of- way. a. Task 1: A record search to determine past ownership and historical uses of "high risk" properties located within the project corridor. b. Task 2: Conduct a "windshield" survey to investigate sites for potential environmental contamination or hazardous materials storage violations. C. Task 3: A review of applicable local, state and federal records to determine possible permit violation or clean-up requirements within the project corridor. d. Task 4: An analysis of historical aerial photographs to determine prior land uses in the project vicinity. e. Task 5: A written Hazardous Materials Evaluation Report summarizing the results of the Investigation. Recommendations for a Level 2 Investigation will be made based on findings of the preliminary study. 4. Archeological Survey a. Conduct an archeological survey of the preferred alternative. b. Prepare a report documenting the results of the archeological survey. Page 4 12/98 5. Ambient Noise Monitoring Conduct ambiant noise monitoring along or near the preferred rail alignment alternative and present results in the Environmental Impact Statement. 6. General Guidelines for Preparation of Environmental Documents a. The environmental documents prepared shall be provided on paper and on a 3 1/2" IBM 1.44 MB diskette(s). b. Fifteen draft copies and fifteen final copies of the Environmental Documents shall be provided. One copy with camera-ready artwork shall be provided for TxDOT's use for attachment to the East-West Freeway environmental document, to be prepared by TxDOT. C. The environmental documents shall be prepared in accordance with the content and format of FHWA Technical Advisory T6640.8A. d. Exhibits in the environmental document shall be limited to I V by 17" where possible. e. Three submittals of the DEIS and two submittals of the FEIS documents will be required. C. RIGHT-OF-WAY (Other Additional Services, TxDOT Function Code 130) 1. No work involving right-of-way (ROW) data shall be performed until the OWNER has given the ENGINEER written approval of the location of the proposed ROW lines. 2. Ownership Data - Ownership Information shall be determined be the OWNER 3. Right-of-way Map a. A ROW map including only plan sheets and ownership sheets shall be prepared and furnished. b. ROW map and field notes shall be revised as required due to changes in railroad design, ownership changes or revised parcel numbering. 4. Utility Adjustments a. A copy of the Right -of -Way Schematic will be provided to each utility entity (11 estimated). Each entity will indicate their utility lines within proposed Right -of -Way. All utility information provided by the utility entities will be posted on the Right -of -Way Schematic. Prepare 11"xl7" location sketch with requirements for crossing railroad for each utility crossing (40 estimated). Request utility entity to respond with a construction cost estimate for adjustment of their utilities. Review adjustment cost information from each entity. Request and receive revisions as necessary. Meet with utility entities concerning adjustment plans and costs. Provide Page 5 12/98 TxDOT with adjustment cost information for their review and opinion. Prepare utility agreements for all crossings with that entity. Provide originals to OWNER for execution. After OWNER execution, OWNER will send to utility entity for final execution. Respond to questions from utility entities concerning adjustments. Meet with entities and/or the surveyor in the field for questions or locations. Make progress site visits to review adjustment construction activities (1 site visit for each crossing). Document final elevations and locations of adjusted utilities based on survey information. b. Utilities on Private Property (irrigation and/or gas line adjustments) are not included in this contract. These will be adjusted by the OWNER as part of the appraisal process. 5. Field Notes a. Prepare Field Notes for all Parcels using TxDOT format and language, referenced to the Texas State Plane Coordinate System b. Prepare Computation Sheets for Survey closure and Area for Each Parcel C. Survey and Prepare Field Notes and Plats on Individual Parcels 6. General Guidelines for Preparation of Right -of -Way Map a. All procedures involving ROW map, surveys and field notes shall be in conformance with the TxDOT Right -of -Way Division Right -of -Way Manual, Book I and Book 11, except as provided herein. b. ROW Map plan sheets and Ownership sheets shall be prepared for inclusion in TxDOT East-West Freeway ROW plans. C. Minimum mathematical calculations relative to field note data are: (1) Area of taking, if expressed in acres, will be carried to three decimal places or, if expressed in square feet, will be rounded to the square foot (2) Distances will be given to the nearest hundredth of a foot (3) Bearings will be carried to the nearest second. Page 6 12/98 d. Data contained in the field notes and shown on the map shall be identical. e. Calls within the body of the field notes shall be written to identify property lines and the existing and proposed ROW lines. f. Project base line shall be drawn and stationed on the ROW map. g. Minimum size lettering shall be 5/32" height for hand lettering and 140 for lettering by computer -aided design and drafting (CADD). h. As soon as property lines and parent tracts can be determined, the ENGINEER shall submit a preliminary map for review of parcel numbers. i. Zip -a -tone or similar products shall not be used on map sheets. j. All field notes shall be signed, dated and sealed by a Registered Professional Land Surveyor or Licensed State Land Surveyor. k. The ROW map sheets shall be ink on Mylar type tracing film or as otherwise authorized by the OWNER. 1. Field note data for all parcels shall be prepared utilizing MicroSoft Word 7.0 and furnished in both hard copy and diskette formats. in. Prepare right-of-way map in dual units (English and Metric). D. FIELD SURVEYING (Other Additional Services, TxDOT Function Code 150) 1. Field Surveying a. Primary Project Control (1) 3 to 5 mile spacing (2) Precision shall be 1 part in 20,000 or better. (3) Horizontal control points shall be established by ENGINEER. (4) Vertical control points shall be established by ENGINEER. b. Secondary Project Control (1) Field survey for topographic and cross-section ground control shall be tied to the State Plane Coordinate system, adjusted to surface. (2) No traverse shall exceed 25 angle points. (3) The unadjusted angular error shall not exceed 2 seconds per angle, plus 14 seconds. (4) The unadjusted ratio of precision shall be one part in 10,000 or better. (The ratio of precision is the total length of the traverse divided by the total error.) Page 7 12/98 N (5) The unadjusted vertical error shall not exceed 0.03 foot per mile of traverse. (6) Project control base lines shall be established by ENGINEER. (7) Horizontal control shall be established by ENGINEER. (8) Vertical control points shall be established by ENGINEER. . C. Other Field Surveying (1) Stake and profile center line (2) The project base line shall be coincidental with, or parallel to, the stationed "Design Center Line." (3) Base line control points shall be established using 5/8-inch iron rods, 36 inches long, at P.C.'s, P.I.'s and P.T.'s of horizontal curves and at 1000' maximum intervals on tangents. (4) Establish bench mark circuit throughout the project. (5) Provide cross sections at a maximum of 100-foot intervals extended left and right to the proposed right-of-way lines. Locate topographic features within the proposed right-of- way. Profile top of rail elevations at connections to existing track. Profile and cross section intersecting streets for tie into project. (6) Cross section drainage channels. (7) Tie to exposed underground and overhead public utilities (location and elevation) (8) Stake ROW one (1) time using 5/8-inch iron rods, 36-inches long, marking P.C.'s, P.T.'s and property corners. All right- of-way staking work shall be approved by the OWNER prior to beginning work. (9) Stake soil core holes (10) Determine type of existing material, pavements, etc. (11) Profile existing drainage facilities. (12) Obtain elevations of manholes and valves of utilities within proposed ROW. 2. Base Mapping shall be prepared as follows: a. Mapping (1) One (1) set of verification plots on bond paper at a nominal scale of 1 " = 100', 1' Contour (2) Planimetric and topographic graphics files, scaled to 1" _ 100' in a Micro Station format compatible with Texas Department of Transportation computer hardware and software. (3) Digital Terrain Model files in a Micro Station format compatible with Texas Department of Transportation computer hardware and software. Page 8 12/98 E. PRELIMINARY AND FINAL DESIGN (Basic Services and Other Additional Services, TxDOT Function Code 160) 1. Geometric Design a. Develop Horizontal and Vertical Alignment b. Schematic Layout shall include: (1) The location of main tracks, turnouts, yard tracks, and loading and unloading facilities, as follows: (a) Relocated railroad alignment which will provide for a smooth, uninterrupted connection between the trackage and facilities on the new right-of-way, and the railroads' existing track on its right-of-way southwest of Loop 289, also including switches, allowing a smooth interchange at the intersection of the new right-of-way and the railroad's existing tracks on its Whiteface line (new rails, ties, tie plates, spikes, switches, gates, lights, trackage and appurtenances as are necessary and appropriate for the operation of the railroad on, over and across the new right-of-way). (b) Burlington Northern Santa Fe (BNSF) Railway (formerly the Atchison, Topeka & Santa Fe (AT&SF) Railway company) interchange trackage layout, including switches providing smooth access with the BNSF tracks at a point northwest of Loop 289 where the new right-of-way will intersect with the BNSF tracks (c) Interchange railcar yard layout, located at approximately the location where the new right-of- way will intersect with the BNSF tracks, containing track capable of storing at least eighty (80) railcars (d) Switch connection location on the new right-of-way proximally east of Reese Air Force Base, so as to allow for future service to Reese Air Force Base (e) Yard location and layout, located along the railroad's Whiteface line and having access to a public road, suitable for the loading and unloading of aggregate and other commodities comparable to the yard presently being used by the railroad at the approximate location of the intersection of U.S. Highway 82 and S.W. Loop 289 and having yard tracks capable of storing at least eighty (80) cars (2) Vertical and horizontal alignment of all tracks and intersected cross roads in sufficient detail to determine ROW needs. (3) Provide a complete explanation of the sequence and methods of stage construction. Page 9 12/98 (4) The tentative ROW limits (5) The geometrics (pavement cross slopes, lane and shoulder widths, slope rates for fills and cuts) of the typical sections of cross roads. Typical sections of existing roadways will be provided to the ENGINEER by the OWNER and TxDOT. (6) The current and year 2010 projected traffic volumes for intersected cross roads shall be provided by the TxDOT. (7) Direction of traffic flow on all roadways. 2. General Guidelines for Project Development a. Prior to preparing detailed plans, a preliminary schematic layout shall be prepared on an uncontrolled aerial mosaic which indicates the general geometric features and location requirements. (1) Twelve copies of the schematic layout shall be submitted to the OWNER for approval and subsequent coordination with TxDOT and the WT&LR. (2) No geometric design shall be performed until the OWNER has given the ENGINEER written approval of the schematic layout. b. All Preliminary and Final Geometric Design shall be in conformance with the American Railway Engineering Association Manual for Railway Engineering and BNSF design criteria as applicable for track work and the TxDOT Highway Design Division Operations and Procedures Manual for Roadway, except where variances are permitted in writing by the OWNER. C. The schematic layout shall include basic information including the items listed above in the checklist for Schematic Layout. d. Handling of traffic during construction shall be a consideration in the development of the schematic layout. e. Upon approval of the schematic layout by the OWNER, the schematic layout shall be the basis for an exhibit, to be provided by the ENGINEER, at the public hearing prior to final development of the project. (1) If there are any changes to the schematic after OWNER approval and before the public hearing, twelve copies of the revised schematic, as displayed at the hearing, shall be submitted either prior to or accompanying the public hearing data. (2) If there are no changes in the schematic as displayed at the hearing, only photographs of the schematic and other displays shall be submitted with the public hearing data. 3. Grading Design a. Based upon the approved schematic layout, refine the horizontal and vertical alignment of cross roads and tracks. b. Develop Typical Sections C. Develop Design Cross Sections using field survey data. d. Determine Cut and Fill Quantities Page 10 12/98 4. Track Structure Design a. Prior to initiating detailed plan preparations for the project, a preliminary investigation shall be made to determine the approximate section to be used for track structure. b. Typical sections of the proposed track structure design shall be furnished by the ENGINEER to the OWNER for approval. (1) No detailed preparation of the plans, specifications and estimates (PS&E) shall be performed by the ENGINEER until the OWNER has given written approval of the preliminary track structure design. (2) Development of these sections shall be in consultation with the OWNER. C. Embankment and Subgrade (Other Additional Services) (1) Soil Core Hole Survey. The location and minimum number of soil core holes required for this project are as follows: Along project center line, two borings per mile. The soil core holes will be supplemented with existing soil data to be provided by the OWNER. (2) Prepare three (3) copies of a report identifying, interpreting, and summarizing geologic features that affect engineering design. (3) Modulus of Elasticity of Subgrade Materials. d. Track Details - Develop detail design of track, special track work (turnouts and crossings), road crossings and other track appurtenances. F. DRAINAGE (Basic Services, TxDOT Function Code 161) 1. Preliminary hydraulic design of all drainage structures (culverts, storm sewers, channels, pump stations etc.) shall be submitted to the OWNER for review. 2. Preliminary submission shall include the overall drainage plan, structure layout, and hydraulic computations. 3. No detailed design of drainage structures shall be performed, until the OWNER has given the ENGINEER written approval of the preliminary hydraulic design. 4. All hydraulic design shall be in accordance with the TxDOT Bridge Division HYDRAULICS MANUAL and OWNER's playa lake ordinance. 5. Hydrologic Studies, Discharges a. Drainage area maps shall be prepared showing existing conditions and proposed improvements. b. Hydrologic data/discharge shall be determined 6. Hydraulic Design and Documentation a. Hydraulic computations shall be provided for design of: (1) Culverts (2) Channels Page 11 12/98 b. Federal Emergency Management Agency (FEMA) floodway requirements shall be identified 7. Layout, Structural Design and Detailing of Drainage Features including: a. Culverts (1) New culverts (2) Culvert widening and/or lengthening (3) Culvert replacements b. Outfall channel(s) within the ROW C. Outfall channel(s) outside the ROW d. Deleted e. Deleted f. Typical detail for subsurface drainage at road crossings. 8. ENGINEER and OWNER agree that open channels are usually the most economical means of carrying water either to the ROW, away from the ROW, or along the ROW, therefore no design of closed storm drainage facilities has been planned for. 9. Prepare Storm Water Pollution Prevention (SW3P) Plan. G. SIGNING, MARKINGS AND SIGNALIZATION (Basic Services, TxDOT Function Code 162) 1. Signing and Markings Layout a. Requirements include separate layouts for: (1) Railway and Roadway (2) Center line with station numbering (3) ROW lines (4) Culverts and other structures that present a hazard to traffic (5) Location of utilities, if not shown on plan and profile (6) Existing signs (illustrated and numbered) to remain, to be removed, to be relocated (7) Proposed markings (illustrated and quantified) which include railroad and pavement markings, object markings and delineation (8) Quantities of existing markings to be removed (9) Proposed signs (illustrated and numbered) (10) Proposed delineators and object markers 2. Summary of small signs tabulation 3. Sign Detail Sheets H. MISCELLANEOUS ROADWAY (Basic Services and Other Additional Services, TxDOT Function Code 163) 1. Traffic Control Plan (TCP), Detours and Sequence of Construction (Basic Services) A detailed TCP shall be developed when traffic handling during construction involves complications for which a feasible solution is not covered by the Texas MUTCD or the current Barricade and Construction (BC) Standards. Traffic Control Plan Layouts shall include: Page 12 12/98 a. The sequence of construction and method of handling traffic during each phase. b. The existing and proposed traffic control devices that will be used to handle traffic during each construction sequence, including signals, regulatory signs, warning signs, construction warning signs, guide signs, route markers, construction pavement markings, channelizing devices, portable changeable message signs, flashing arrow boards, barricades, barriers, etc. C. The proposed traffic control devices (stop signs, signals, flagperson, etc.) at grade intersection during each construction sequence. d. Where detours are provided, typical cross sections shall be shown. e. Road construction work hours shall be developed after an investigation of the traffic volumes has been performed. 2. Illumination (Basic Services) The ENGINEER shall provide illumination design services for security lighting at the rail yard along with the Whiteface line. a._ Preliminary Roadway and Railroad Illumination Layout and Electrical Circuit Layout - Lettering shall be a minimum size of 5/32" height for hand lettering and 140 for lettering by computer - aided design and drafting (CARD). b. Final Roadway and Railroad Illumination and Electrical Circuit Layouts (1) Roadway and railroad layout showing pavement edges and shoulders, curbs, retaining walls, etc. (2) Center line with station numbering. (3) ROW lines. (4) Symbol legend. (5) Culverts and other structures that present a hazard to traffic. (6) Location of underground utilities, if not shown on plan profile. (7) Location of overhead electrical lines, both crossing and parallel to ROW. (8) Existing service poles, electrical circuits, ground boxes, etc. (9) Contact electric utility for service pole locations, voltage characteristics. (10) Location of proposed sign lighting circuits and roadway and railway illumination. (11) Proposed electrical circuits. (12) Tabulation of all quantities including proposed, existing to be relocated, and existing to be removed. C. General Guidelines for Illumination - The ENGINEER shall submit, in advance of PS&E due date, the illumination electrical circuit layout sheets for review by the OWNER. 3. Miscellaneous Drafting/Standards (Basic Services) 4. Compute and Tabulate Quantities (Basic Services) 5. Special Utility Details: Water, Sanitary, Sewer, etc. (Basic Services) Page 13 12/98 6. Miscellaneous Structures a. Type of Structure (1) Conventional Illumination Poles (2) Railroad Crossing Warning Signal Supports 7. Agreements (Other Additional Services) a. Utility Agreements - See Section C. Right -of -Way b. Exhibits for Utility Agreements - See Section C. Right -of -Way C. Railroad Agreements d. Railroad Exhibits (1) Railroad Grade Crossing (Pre -Cast Concrete, Rubberized or Wood Planking) (2) Railroad Grade Crossing Warning Systems (Signals) (3) Other Miscellaneous Sketches for Railroad 8. Estimate of Construction Cost (Basic Services) 9. Specifications and General Notes (Basic Services) 10. Bridge Design - No railroad or roadway bridge design has been included as part of this project. ENGINEER shall provide bridge design services as directed by the OWNER, upon agreement between ENGINEER and OWNER of additional scope and compensation and receipt of written authorization to proceed. Bridge Scope added as TxDOT Function Code 170 — Bridge Design. 11. Bidding Phase Services (Basic Services) The ENGINEER shall perform the following bidding phase services: a. Coordinate a program for bidding and contract awarding procedures with the OWNER. b. Assist the OWNER in advertising and obtaining proposals for construction and trackwork procurement contracts. C. Conduct pre -bid conferences. d. Respond to Contractor's questions during bidding and issue addenda as appropriate. e. Attend the bid opening, tabulate bids and assist the OWNER in evaluating bids or proposals. L BRIDGE DESIGN (TxDOT Function Code 170) 1. Bridge Layout and Preliminary Design a. Establish Design Criteria and Geometry. b. Design of Superstructure including determination of Type of Structure. C. Design of Substructure including review of Geotechnical Data. d. Development of Bridge Layout Plan/Elevation Sheet(s). 2. Final Bridge Design a. Superstructure Design and Preparation of Details. b. Abutment Backwall Design and Preparation of Details. C. Wingwall Design and Preparation of Details. d. Drill Shaft Design and Preparation of Details. Page 14 12/98 e. Preparation of Structure Drawings. 3. Estimation of Construction Quantities and Cost. 4. Develop Special Specification and Provisions require for Construction. 5. Quality Assurance/Quality Control J. CONSTRUCTION PHASE Administration of the Construction Contract (Basic and Other Additional Services) 1. Project Supervision (Basic Services, TxDOT Function Code 310) - Project Management and project engineering services shall be provided by the ENGINEER. Field office facilities will be furnished by the Contractor. The ENGINEER shall conduct the pre -construction meeting. 2. Inspection (Other Additional Services, TxDOT Function Code 320) a. Resident field inspection b. Pay quantities and daily reporting of work completed, including accounting practices required by the USDOT Surface Transportation Board. C. Maintenance of Project Records including progress and final estimates d. Final inspection e. Recommendations to OWNER for acceptance of work 3. Materials Testing (Other Additional Services, TxDOT Function Code 330) - The ENGINEER will provide materials testing services required during construction, consisting of the following: a. Compaction tests (One per 500 feet) b. Moisture density relationships (Proctor) (One per mile) C. Aggregate analysis for subballast (Four per mile) d. Asphalt samples (Three per road crossing) e. Ballast analysis: Gradation, clay lumps and friable particles, absorption, wear, soundness, and thin elongated particles (15 samples). 4. Project Control Surveys (Other Additional Services, TxDOT Function Code 340) - All construction staking will be performed by the contractor. The ENGINEER will provide references to project control points established during design. The resident project representative shall review field survey notes provided by the Contractor for conformance with the Contract Documents. 5. Design Verification, Changes and Alterations (Basic Services, TxDOT, Function Code 351) a. Shop Drawing Review b. Field Change Orders C. Supplemental Agreements 6. Final Plan Preparation (Other Additional Services, TxDOT Function Code 352) a. Reproducible records prints of Drawings showing changes made during the Construction process, based on the marked -up prints, drawings and other data furnished by the Contractor to ENGINEER Page 15 12/98 b. Certified American Land Title Association (A.L.T.A.) survey or equivalent of the new right-of-way, prepared by a registered Texas land surveyor showing all improvements, the new facilities, lot lines, utility easements, roads, and showing no encroachments. II. EASEMENTS, LETTERS OF PERMISSION, PERMITS, ETC. A. EASEMENTS AND LETTERS OF PERMISSION (Other Additional Services) The ENGINEER shall be responsible for delineating all easements for purposes of proposed construction. The OWNER shall be responsible for securing the necessary legal instruments. B. PERMITS (Other Additional Services) ENGINEER will be responsible for preparation and coordination for obtaining all permits required for the project. The OWNER will be responsible for all permit application fees. The following permit applications will be prepared and coordinated with the appropriate agencies: 1. U.S. Department of Transportation Surface Transportation Board (formerly the Interstate Commerce Commission) 2. Texas Railroad Commission 3. 404 Permit (U.S. Corps of Engineers) 4. National Pollutant Discharge Elimination System (NPDES) Stormwater (Environmental Protection Agency) III. COORDINATION OF UTILITIES (Other Additional Services) The ENGINEER shall distribute prints of the project layout to various utility companies to determine which utilities are in the limits of the project. These shall be preliminary and are not for platting purposes. Upon completion of the preliminary drainage plans, the ENGINEER shall distribute prints to the various utility companies and request a review of possible conflicts. Upon return of these prints, a meeting will be scheduled by the ENGINEER involving the OWNER, TxDOT, the Railroad, and the various utility companies to discuss potential conflicts and conformance with the TxDOT Utility Accommodation Policy. The ENGINEER shall be responsible for coordination with the various utility companies for exposing potential conflicts and field ties to uncovered utilities in potential conflict areas. IV. SPECIFICATIONS, SPECIAL PROVISIONS, SPECIAL SPECIFICATIONS (Basic Services) Specifications will be .prepared in conformance with the sixteen division format for the Construction Specification Institute and based on ENGINEER's Standard Specifications and General Conditions: Wherever possible, TxDOT Standard Specifications and/or previously approved special provisions and/or special specifications shall be used. Specifications for Page 16 12/98 railway work shall be prepared in accordance with the AREA Manual for Railway Engineering. V. MEETINGS The ENGINEER will conduct monthly progress review meetings with the OWNER. Two project coordination meetings will be held with the following: Federal Highway Administration Texas Department of Transportation USDOT Surface Transportation Board West Texas and Lubbock Railroad Burlington Northern Santa Fe Railway Company U.S. Army Corps of Engineers Environmental Protection Agency Lubbock County Page 17 12/98 EXHIBIT D SUMMARY OF COMPENSATION This exhibit expands the Basis and Amount of Compensation described in SECTION 5 - PAYMENTS OF ENGINEER of the Agreement for the PROJECT known as Railroad Relocation for East-West Freeway in Lubbock. EXHIBIT D SUMMARY OF COMPENSATION RAILROAD RELOCATION FOR EAST -WEST FREEWAY November 25,1998 BASIC SERVICES (Phases 2 and 3) Function Code Fixed Fee Maximum Amount 160 $ 24,902 $ 257,665 161 1,587 98,756 162 2,070 17,372 163 35,408 298,723 180 16,103 192,827 Total Basic Services $ 80,070 $ 865,343 ADDITIONAL SERVICES (Phase 1) Function Code Fixed Fee Maximum Amount 110 $ 19,294 $ 198,457 120 25,503 566,136 Total Additional Services $ 44,787 $ 764,593 OTHER ADDITIONAL SERVICES (Phases 2 and 3) Function Code Fixed Fee Maximum Amount 130 $2,473 $134,189 150 2,536 156,539 160 0 26,250 163 6,017 92,401 170 5,205 46,955 180 17,327 362.672 Total Other Additional Services $ 33,558 $ 819,006 Fixed Fee Maximum Amount Subtotal (Phase 1) $ 44,787 $ 764,593 Subtotal (Phase 2 and 3). $113,628 $1,684,349 TOTAL PROJECT $158,415 $ 2,448,942 Report HDR Engineering, Inc. 1219/98 (Labor Rates)C,zF .rtw,p.TS F. DIRECT DIRECT °!o'-Total ` Phase 2 - ,,� S, '� � ; ,: :. 22 $1' i, i ,.-$- ,15 55 TOTAL LABOR LAB, OH per Work Description Phase 3 - y $� ��'24a6 :..1jt $;.+�.$ HRS COSTS & PROFIT Code FC 130 Right -of -Way Data - Phase 2 36 72 0 0 0 72 180 $6,243 $18,959 FC 150 Field Surveying - Phase 2 12 96 0 0 0 96 204 $6,402 $19,441 2:23% FC 160 Roadway Design Controls - Phase 2 8 212 584 576 1,060 0 2,440 $62,867 $190,914 21.92% FC 161 Drainage Design- Phase 2 4 32 64 0 0 16 116 $4,006 $12,166 1.40% FC 162 Signs, Markings, Signals- Phase 2 2 16 56 44 80 0 198 $5,226 $15,872 1.82% FC163 Miscellaneous (Roadway)- Phase 2 121 939 816 296 600 705 3,477 $104,582 $317,595 36.46% FC170 Bridge Design - Phase 2 14 34 116 174 152 8 498 $13,140 $39,902 4.58% FC 180 Construction Services - Phase 3 98 444 588 896 280 496 2,802 $84,397 $256,29642%a. 295 1,845 2,224 1,986 2,172 1,393 9,915 $286,862 ........... ....... . $871,145 TOTAL HDR DIRECT LABOR COST % of Total Hours by Labor Classification Rov*77 726,.7% 91 %q _ =14 ()S*, HDR - TOTAL LABOR COST W/ OH '' '$' -7 a5`'`' HDR ENGR. - TOTAL PROJECT DIRECT COSTS Printing and Reproduction $12,686 Travel $61,696 CADD & Computer $41,355 Telephone, Fax, & Misc. $7,835 Photos & Miscellaneous $3,350 TOTAL HDR DIRECT COSTS S126J22' SUBCONTRACTS - TOTAL PROJECT Parkhill, Smith & Cooper, Inc. $346,178 Wilson Surveying Company, Inca $257,330 Terra Engineers $57,418 ICC Permit Attorney $25,000 TOTAL SUBCONTRACT COST 8$5'926 "Labor Categories" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical Page 1 Report HDR Engineering, Inc. FC 130 Rieht-of-Way Data - Phase 2 MANHOURS DIRECT DIRECT Sheer Other Additional Services F TOTAL LABOR LAB, OH Task Count Wow Descrption (Labor Rates) ,W„ 53'0„ ,$ , AA ,;,.$, 1?1 ,,,?� _ $ ., I �6 $ 1555.:' HR5 COSTS &PROFIT 1 QC/QA Review & Subconsultant Management (9 months) 36 72 0 0 0 72 180 $6,243 $18,959 0 TOTAL HDR DIRECT LABOR HDR ENGINEERING - FUNCTION 130 DIRECT COSTS Printing and Reproduction $750 Travel $750 Computer & CADD $0 Telephone, Fax & Misc Communications $225 Photos & Miscellaneous $150 TOTAL HDR DIRECT COSTS SUBCONTRACTS - FUNCTION 130 Parkhill, Smith & Cooper, Inc. $34,033 Wilson Surveying Company, Inc. $79,322 Terra Engineers $0 ICC Permit Attorney $0 TOTAL SUBCONTRACT COST =i ,35 TOTAL COSTS FOR FUNCTION CODE 130 PSI 36 72 0 0 0 72 180 $6,243 $18959 "Labor Cate og ries" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical 12/9/98 Page 2 Report HDR Engineering, Inc. 12/9/98 RA ILR�Ab REL CA`Ji IiT : it �A T VIVEYA�IAT,i $OGif �Fh�s 2 & 3) AIR fr ? ¢ b fI�5/1fl HI?R RNCr RI1VG ii Al �. CITY of LUBBOCK, TX , FC 150 Field Surveying_ Phase 2 MANHOURS DIRECT DIRECT Sheet Other Additional Services F TOTAL LABOR LAB, OH Tusk fa= Work DescriRtion (Labor Rates) ,$_„53g40.., $ :'44.46, ` $ 3314$ 22 81,. „W$ .,19.36,_ $ 15:$5; HRS COSTS &PROFIT I QC/QA Review & Subconsultant Management (12 months) 12 96 0 0 0 96 204 $6,402 $19,441 0 TOTAL HDR DIRECT LABOR HDR ENGINEERING - FUNCTION ISO DIRECT COSTS Printing and Reproduction Travel Computer & CADD Telephone, Fax & Misc Communications Photos & Miscellaneous TOTAL HDR DIRECT COSTS $1,000 $1,500 $0 $300 $200 $3,0W SUBCONTRACTS - FUNCTION ISO Parkhill, Smith & Cooper, Inc. $0 Wilson Surveying Company, Inc. $134,098 Terra Engineers $0 ICC Permit Attorney $0 TOTAL SUBCONTRACT COST. 12 96 0 0 0 96 204 $6,402 $19441 "Labor Categories" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical Page 3 Report HDR Engineering, Inc. RAILRd�����i�ATId�i t•'OR��A�IT ��'� ��k��t7BBOIi �i',lt�� 2 � 3�' � ; R t��,IS��x.�STII�ATE' � HD:R EN��IEERIl�tG i�iAN� � 1 �/�5%�8 pn ciTY orUBBOc.K, Tx , M Cl)NS"RT`I�1���,.SS1'I✓ Ol�� EE:;3� �� �,:� �� 3 FC 160 Roadway Design Controls - Phase 2 MANHOURS DIRECT DIRECT Sheer Basic and Other Additional Services k p �+ TOTAL LABOR LAB, OH Task Count Work Description (Labor Rates) HRS COSTS &PROFIT 1 Geometric Design 1 Title Sheet 0 0 8 0 16 0 24 $575 $1,746 30 Develop Plan/Profile Sheets 8 120 360 360 720 0 1,568 $39,844 $120,997 3 Develop Yard Layout Sheets 0 8 24 24 60 0 116 $2,860 $8,686 1 Prepare Track Detail Sheets 0 4 12 12 32 0 60 $1,469 $4,460 1 Prepare Turnout Detail Sheet 0 4 12 12 32 0 60 $1,469 $4,460 2 Grading Design 5 , Develop Typical Section Sheets 0 40 60 60 100 0 260 $7,071 $21,474 65 Develop Cross Section Sheets 0 16 60 60 60 0 196 $5,230 $15,882 3 Pavement Design 0 Establish Loading/UnloadingAreas 0 4 16 16 0 0 36 $1,073 $3,259 2 Prepare Roadway Crossing Detail Sheets 0 16 32 32 40 0 120 $3,276 $9,949 108 TOTAL HDR DIRECT LABOR 8 212 584 576 $62,867 $190,914 0 2,440 1,060 HDR ENGINEERING - FUNCTION 160 DIRECT COSTS "Labor Categories" Printing and Reproduction $4,000 A = Principal Travel $3,000 B = Project Manager Computer & CADD $15,000 C = Design Engineer Telephone, Fax & Misc Communications $1,500 D = Design Tech Photos & Miscellaneous $500 E = CADD/Drafting F = Clerical TOTAL HDR DIRECT COSTS ' '$U;0' 10 SUBCONTRACTS - FUNCTION 160 Parkhill, Smith & Cooper, Inc. $42,751 Wilson Surveying Company, Inc. $0 Terra Engineers $26,250 * * Other Additional Services ICC Permit Attorney TOTAL SUBCONTRACT COST;$9,0A 12/9/98 TOTAL COSTS FOR FUNCTION CODE 160a r283' Page 4 Report HDR Engineering, Inc. 12/9198 FC 161 Drainage Design- Phase 2 MANHOURS DIRECT DIRECT Sheet Basic Services $ ads 31 C x p E F ; , ,_, '. TOTAL LABOR LAB, OH CountTask Work Description (Labor Rates) „__, + ,$ . 33_I,.,,,,,'�,>T „$;,.A 1 36, $,,.15a55 HRS COSTS & PROFIT 1 QC/QA Review & Subconsultant Management 4 32 64 0 0 16 116 $4,006 $12,166 0 TOTAL HDR DIRECT LABOR HDR ENGINEERING - FUNCTION 161 DIRECT COSTS Printing and Reproduction Travel Computer & CADD Telephone, Fax & Misc Communications Photos & Miscellaneous TOTAL HDR DIRECT COSTS $250 $1,000 $200 $700 $300 SUBCONTRACTS - FUNCTION 161 Parkhill, Smith & Cooper, Inc. $84,140 Wilson Surveying Company, Inc. $0 Terra Engineers $0 ICC Permit Attorney TOTAL SUBCONTRACT COST 4 32 64 0 0 16 116 $4,006 "$12,160- "Labor Categories" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical TOTAL COSTS FOR FUNCTION CODE 161 $98,75G Page 5 Report FC 162 Signs, Markings, Sienals- Phase 2 Sheet Basic Services Task Count Work Description (Labor Rates) 1 2 Prepare Signing & Marking Detail Sheets 2 1 Prepare Railroad Sign Detail Sheet 3 5 TxDOT Sign Standard Drawings (Signing, Markers, Striping Sheets) HDR Engineering, Inc. 1NIANHOURS DIRECT DIRECT '�• :. " TOTAL LABOR LAB, OH „ ......,... ..2� ...4. 1555 HRS COSTS & PROFIT 2 8 40 20 40 110 $3,019 $9,167 0 4 8 24 20 56 $1,378 $4,184 0 4 8 0 20 32 $830 $2,521 8 TOTAL HDR DIRECT LABOR 2 16 56 44 HDR ENGINEERING - FUNCTION 162 DIRECT COSTS Printing and Reproduction $100 Travel $100 Computer & CADD $1,200 Telephone, Fax & Misc Communications $50 Photos & Miscellaneous $50 TOTAL HDR DIRECT COSTS SUBCONTRACTS - FUNCTION 162 Parkhill, Smith & Cooper, Inc. $0 Wilson Surveying Company, Inc. $0 Terra Engineers $0 ICC Permit Attorney $0 TOTAL SUBCONTRACT COST -$0 TOTAL COSTS FOR FUNCTION CODE 162 80 0 198 $5,226 $1S812 ` "Labor Categories" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical y 12/9/98 Page 6 Y Report HDR Engineering, Inc. 12/9/98 FC163 Miscellaneous (Roadway)- Phase 2 MANHOURS DIRECT DIRECT Sheet Basic and Other Additional Services c?i' F TOTAL LABOR LAB, OH Task Gaunt Work Description (Labor Rates) �� ,)F, �� _...�1 , 19F3b - �$. _15:55 HRS COSTS &PROFIT 1 Design Project Management (38 months) 36 525 0 0 0 315 876 $30,162 $91,597 2 2 General Note Sheets 2 8 16 16 32 8 82 $2,102 $6,382 3 2 Estimate & Quantity Sheets 1 8 24 24 24 8 89 $2,341 $7,109 4 4 Traffic Control Plans 1 16 64 64 64 0 209 $5,585 $16,959 5 1 Detour Typical Section Sheet 0 8 16 16 16 0 56 $1,561 $4,739 6 2 Lighting Detail Sheets 0 8 40 40 80 0 168 $4,142 $12,580 7 12 Standard Drawings: Guard Fence, Wire Fence, Barricades, etc. 1 8 0 20 0 0 29 $865 $2,628 8 Quantity Calculations 2 8 40 40 0 16 106 $2,949 $8,956 9 14 , Railroad Exhibit Drawings & Agreements * 8 56 40 36 224 16 380 $9,649 $29,303 10 ICC Permit Applications * 8 24 80 0 40 40 192 $5,542 $16,829 11 Crossing Signal Diagnostic Field Review 4 24 40 40 0 8 116 $3,643 $11,063 12 Construction Cost Estimate 2 16 80 0 0 20 118 $3,780 $11,480 13 Specifications (TxDOT AREA Stds, in CSI format) 8 20 80 0 0 40 148 $4,590 $13,938 14 Contract Documents 8 20 40 0 0 40 108 $3,264 $9,912 15 Project Schedule & Constructibility Review 6 22 16 0 0 26 70 $2,233 $6,781 16 Preliminary Plans QC (30%) 2 8 24 0 0 8 42 $1,382 $4,198 17 Final Plans QC (70% & 100%) 2 8 40 0 0 8 58 $1,912 $5,808 18 Bidding Services (Adv, Pre -Bid, Response,) 14 80 40 0 0 64 198 $6,625 $20,119 19 Bidding Services (Addenda, Bid Open, Evaluation & Tab) 8 32 56 0 40 48 184 $5,227 $15,872 20 Trackwork Procurement Package 8 40 80 0 80 40 248 $7,028 $21,341 37 TOTAL HDR DIRECT LABOR 121 939 816 296 600 705 3,477 $104,582 $317,59S HDR ENGINEERING - FUNCTION 163 DIRECT COSTS Printing and Reproduction $2,250 Travel $12,500 Computer & CADD $13,000 Telephone, Fax & Misc Communications $1,600 Photos & Miscellaneous $1,050 TOTAL HDR DIRECT COSTS SUBCONTRACTS - FUNCTION 163 Parkhill, Smith & Cooper, Inc. $18,129 Wilson Surveying Company, Inc. $0 Terra Engineers $0 ICC Permit Attorney $25,000 TOTAL SUBCONTRACT COST ($2,000 Basic) ($250 Other) ($7,500 Basic) ($5,000 Other) ($9,000 Basic) ($4,000 Other) ($850 Basic) ($750 Other) ($550 Basic) $500 Other) ($7360 Basic) ($10,769 Other) NOTE: * Indicates Other Additional Services A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical TOTAL COSTS FOR FUNCTION CODE 16339><4 Page 7 Report HDR Engineering, Inc. FC170 Bride Design - Phase 2 MANHOURS Sheer b; E Task Count Work Description (Labor Rates) l Preliminary Bridge Design Establish Design Criteria & Geometry 1 2 4 0 0 Superstructure & Substructure 1 2 4 16 0 2 1 Prepare Preliminary Bridge Layout . Bridge Layout (PLANIELEVATION) Sheet 1 8 8 24 32 3 Final Bridge Design Superstructure 1 2 24 48 0 Abutment Bkwl, Wwl, Cap & Dr. Shafts 1 2 24 40 0 4 Calculate Bridge and Bearing Seat Elev's 1 2 4 6 0 5 5 Prepare Structural Drawings 2 2 16 24 120 6 Quality Assurance & Quality Control 2 8 8 0 0 7 1 Quantity Calculations & Cost Estimates 2 2 16 16 0 8 Special Specifications & Spl Provisions 2 4 8 0 0 7 TOTAL HDR DIRECT LABOR 14 34 116 174 152 HDR ENGINEERING - FUNCTION 170 DIRECT COSTS Printing and Reproduction $336 Travel $2,846 Computer & CADD $2,955 Telephone, Fax & Misc Communications $460 Photos & Miscellaneous $100 TOTAL HDR DIRECT COSTS SUBCONTRACTS - FUNCTION 163 Parkhill, Smith & Cooper, Inc. $0 Wilson Surveying Company, Inc. $0 Terra Engineers $0 ICC Permit Attorney $0 TOTAL SUBCONTRACT COST 4 TOTAL COSTS FOR FUNCTION CODE 163 Y 12/9/98 DIRECT DIRECT F. TOTAL LABOR LAB, OH 15.55: ! HRS COSTS & PROFIT 0 7 $275 $835 0 23 $640 $1,943 0 $0 $0 1 74 $1,857 $5,638 0 $0 $0 0 75 $2,033 $6,172 0 67 $1,850 $5.618 0 13 $412 $1,250 0 164 $3,597 $10,922 2 20 $759 $2,304 1 37 $1,106 $3,360 4 18 $612 $1,858 8 498 $13,140 $39,902 "Labor Categories" A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical Page 8 Report FC 180 Construction Services - Phase 3 Sheet Basic and Other Additional Services Task Count Work Description 1 Project Management (12 months) 2 Track Project Representative (4 months) 3 Signal Project Representative 4 Track Project Engineer (4 months) 5 Pre -Construction Conference 6 Shop Drawing Review 7 ICC Accounting 8 1~inal Inspection 9 Recommendation for Acceptance 10 100 As -Built Drawings l l Provide Project Scheduling Services 12 Change Orders 100 TOTAL HDR DIRECT LABOR HDR ENGINEERING - FUNCTION 180 DIRECT COSTS Printing and Reproduction ** Travel Computer & CADD Telephone, Fax & Misc Communications Photos & Miscellaneous TOTAL HDR DIRECT COSTS HDR Engineering, Inc. 12/9/98 MANHOURS DIRECT DIRECT E " F TOTAL LABOR LAB, OH (Labor Rates) _S1TC ,,4819 ;',$, 35,84 $ `?Az67 �094.. $_AC82: HRS COSTS &PROFIT 48 192 0 0 0 96 336 $13,620 $41,363 * 0 0 0 640 0 0 640 $15,789 $47,948 * 0 0 154 0 0 0 154 $5,519 $16,761 0 0 128 0 0 0 128 $4,588 $13,931 8 24 16 24 0 16 88 $3,051 $9,265 8 40 80 0 0 40 168 $5,926 $17,995 * 8 48 80 232 0 232 600 $15,263 $46,352 8 24 0 0 0 16 48 $1,885 $5,725 2 8 0 0 0 8 18 $635 $1,928 * 4 20 50 0 200 0 274 $7,173 $21,783 4 48 0 0 48 100 $3,347 $10,163 8 40 80 0 80 40 248 $7,601 $23,082 98 896 496 $84,397 $256296 2,802 588 280 444 $4,000 $40,000 $9,000 $3,000 $1,000 SUBCONTRACTS - FUNCTION 180 Parkhill, Smith & Cooper, Inc. $167,125 Wilson Surveying Company, Inc. $43,910 Terra Engineers $31,168 [CC Permit Attorney $0 TOTAL SUBCONTRACT COST22,203�'a ($2000 Basic) ($2000 Other) ($10,000 Basic) ($30,000 Other) ($2,000 Basic) ($7,000 Other) ($1500 Basic) ($1500 Other) ($500 Basic) ($500 Other) ** Includes Subsistence for Project Representative ($53,375 Basic) ( $113,750 Other Additional) * Indicates Other Additional Services A = Principal B = Project Manager C = Design Engineer D = Design Tech E = CADD/Drafting F = Clerical TOTAL COSTS FOR FUNCTION CODE 180 $555;499'" Page 9 Report HDR Direct Expense Proposed New Sheet Count (11x17) Standard TxDOT Sheet Count (llxl7) Printing & Reproduction (# of sets) jQqM nits 11 x 17 Sheets Working Drawings (print) 4 $0.09 /sf Plotting Working Drawings 4 $1.02 /sf TxDOT 30% Submittal (print) 6 $0.09 /sf Plotting TxDOT Submittal 1 $1.02 /sf Working Drawings (print) 2 $0.09 /sf Plotting Working Drawings 2 $1.02 /sf TxDOT 60% Submittal (print) 6 $0.09 /sf Plotting TxDOT Submittal 1 $1.02 /sf Working Drawings (print) 3 $0.09 /sf Plotting Working Drawings 3 $1,02 /sf TxDOT 95% Submittal (print) 6 $0.09 /sf Plotting TxDOT Submittal 1 $1.02 /sf Working Drawings (print) 3 $0.09 /sf Plotting Working Drawings 3 $1.02 /sf TxDOT Final Submittal (print) 6 $0.09 /sf Plotting TxDOT Submittal 1 $1.02 /sf TxDOT Final PS&E (mylar) 1 $1.95 /sf Plotting Final TxDOT Submittal 1 $1.02 /sf Xerox Standards Drawings 6 $0.16 /sf Misc. Printing/Specs, etc. Full 24 x 36 Sheets Working Blueline Drawings 12 $0.09 /sf Plotting Blueline Drawings 2 $1.02 /sf Color Plots of Plan 0 $7.72 /sf Total Direct Cost Associated w/ Printing HDR Engineering, Inc. 12/9/98 (Phase 2 & 3) . ► . E�T�M T-:O;' CITY of LUBBOCK, TX � 1112�/98 FC 130 FC 150 FC 160 FC 161 FC 162 FC 163 FC 170 FC 180 TOTAL 1,� 108 0 2- 7 136' 279 h� Q 17 $0 $0 $51 $0 $1 $12 $3 $0 $0 $0 $573 $0 $16 $133 $37 $0 $0 $0 $76 $0 $2 $18 $5 $0 $0 $0 $143 $0 $4 $33 $9 $0 $0 $0 $25 $0 $1 $6 $2 $0 $0 $0 $286 $0 $8 $66 $19 $0 $0 $0 $76 $0 $2 $18 $5 $0 $0 $0 $143 $0 $4 $33 $9 $0 $0 $0 $38 $0 $1 $9 $2 $0 $0 $0 $430 $0 $12 $99 $28 $0 $0 $0 $76 $0 $2 $18 $5 $0 $0 $0 $143 $0 $4 $33 $9 $0 $0 $0 $38 $0 $1 $9 $2 $0 $0 $0 $430 $0 $12 $99 $28 $0 $0 $0 $76 $0 $2 $18 $5 $0 $0 $0 $143 $0 $4 $33 $9 $180 $0 $0 $274 $0 $8 $63 $18 $345 $0 $0 $143 $0 $4 $33 $9 $180 $0 $0 $0 $0 $6 $15 $0 $0 $100 $100 $200 $200 $100 $500 $0 $1,000 $0 $0 $700 $0 $19 $162 $45 $0 $0 $0 $1,322 $0 $37 $306 $86 $1,665 $0 $0 $0 $0 $0 $0 $0 $0 $100 $100 $5,385 $200 $250 $1,715 $336 $3,370 Page 1 Report HDR Engineering, Inc. 12/9/98 _ s 2 er r EELIiiNG 1V Alai (i i� A �BwAY iN LUB$OCK (lsia'je 2 �& 3) '�+i ' ED`/E �` . CITY of LUBBOCK, TX S HDR Direct Expense FC 130 FC 150 FC 160 FC 161 FC 162 FC 163 FC 170 FC 180 Trips to Client Trips to Subconsultants Trips to Site Travel EMense (trip) (# of pgrsons jQgan nits 1 Airfare to Client 1 $200 /trip 1 Airfare to Subs 1 $200 /trip 1 Airfare to Site 1 $200 /trip Lodging @ Client/person 1 $60 /day Lodging @ Subs/person 1 $60 /day Lodging @ Sitelperson 1 $300 /wk Subsistence @ Client/person 1 $25 /day Subsistence @ Subs/person 1 $25 /day Subsistence @ Site/person 1 $125 /wk 1 Rental Car (client) **** $50.00 /day 1 Rental Car (subs) **** $50.00 /day 5 Rental Car (site) **** $50.00 /day # of days Cost Units Airport Parking @ Client 1 $7.00 /day Airport Parking @ Subs 1 $7.00 /day Airport Parking @ Site 5 $7.00 /day Total Direct Cost Associated w/ Travel 16 2 0 1 4 16 $0 $0 $0 $0 $0 $2,400 $600 $3,200 $400 $600 $1,600 $800 $0 $2,400 $0 $3,200 $0 $0 $0 $0 $0 $0 $400 $4,800 $0 $0 $0 $0 $0 $720 $180 $960 $120 $180 $480 $240 $0 $720 $0 $960 $0 $0 $0 $0 $0 $0 $600 $7,200 $0 $0 $0 $0 $0 $300 $75 $400 $50 $75 $200 $100 $0 $300 $0 $400 $0 $0 $0 $0 $0 $0 $250 $3,000 $0 $0 $0 $0 $0 $600 $150 $800 $100 $150 $400 $200 $0 $600 $0 $800 $0 $0 $0 $0 $0 $0 $500 $6,000 $0 $0 $0 $0 $0 $84 $21 $112 $14 $21 $56 $28 $0 $84 $0 $112 $0 $0 $0 $0 $0 $0 $70 $840 $684 $1,026 $2,736 $1,368 $0 $8,208 $2,846 $32,784 Page 2 Y EXHIBIT E PROJECT SCHEDULE Report HDR Engineering, Inc. 12/9/98 r pItrAtoiv aFsy>A . SOCKi�se z 3)�'`a CITY of LUBBOCK, TX HDR Direct Expense FC 130 FC 150 FC 160 FC 161 FC 162 FC 163 FC 170 FC 180 Labor Cat C Labor Cat D' Labor Cat E 0 0, x5$464 56 816116a 588 �Q 0 S7b b 44 2'9G 174 896 A; 280' CADD & Computer Expense (Utilization) (Cost) Units Cat"C" Engineer Computer 30% $10.00 /hr $0 $0 $1,752 $192 $168 $2,448 $348 $1,764 Cat"D" EngineerCADD 30% $15.00 /hr $0 $0 $2,592 $0 $198 $1,332 $783 $4,032 Cat "E" Technician CADD 80% $15.00 /hr $0 $0 $12,720 $0 $960 $7,200 $1,824 $3,360 Total Direct Cost Associated w/ CADD $0 $0 $17,064 $192 $1,326 $10,980 $2,955 $9,156 FC 130 FC 150 FC 160 FC 161 FC 162 FC 163 FC 170 FC 18 Number of Shipment to City, TxDOT & Railroad %WN-OV3 12 l2 4 12 4 24 Number of Shipments to Subconsultants p, I 2 „6., 6, , .... ,o . �. 6 a 2.,, , 12 .: I Telephone. Fax & Comm, Size (Cost) nits To TxDOT 10 lb $45.99 /ea $184 $184 $552 $92 $184 $552 $184 $1,104 To Railroad 10 lb $45.99 /ea $184 $184 $552 $92 $184 $552 $184 $1,104 To Subconsultants 10 lb $45.99 /ea $92 $92 $276 $276 $0 $276 $92 $552 Total Direct Cost Associated w/ Communication $460 $460 $1,380 $460 $368 $1,380 $460 $2,759 FC 130 FC 150 FC 160 FC 161 FC 162 FC 163 FC 170 FC 180 Photos & Miscellaneous $100 $100 $300 $200 $100 $1,000 $100 $1,200 Total Direct Cost Associated w/ Photos & Misc. $100 $100 $300 $200 $100 $1,000 $100 $1,200 Page 3 Nhfd Cox Re And the answer is? .. _ . _. Page 1 From: Linda Chamaies To: Mildred Cox Date: Tue, Jan 12, 1999 10:28 AM Subject: Re: And the answer is? Not necessary to go to Council but must be signed by Bob Cass. >>> Mildred Cox 01/11 4:58 PM >>> And the answer is? Texas Department of Transportation P. O. BOX 771 • LUBBOCK, TEXAS 79408-0771 • (806) 745-4411 December 22, 1998 Ms. Mildred Cox Director of Transportation City of Lubbock P.O. Box 2000 Lubbock,Texas 79457 Dear Mildred: I have reviewed Supplemental Agreement #4 for the contract with HDR Engineering, Inc. I concur with the supplemental agreement and urge you to proceed with the execution thereof. Please provide this office with a copy of the fully executed supplemental agreement. Let me know if you need anything further. Sincerely, Steven P. Warren, P.E. Director of Transportation Planning & Development An Equal Opportunity Employer