HomeMy WebLinkAboutItem 05 - Bear Creek TrailMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM I
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
FEBRUARY 6, 2001 'I
BEAR CREEK TRAIL — DESIGN SERVICES
City Council to consider approval of an engineering services contract for the design of
Bear Creek Trail with Halff & Associates, Inc. in the amount of $190,000. The contract is
attached for Council review.
FUNDING SOURCE:
Amount Percent
Basic Services $133,000 70%
• Construction plans
• Bidding documents & specs
• Permits and approvals
• Construction administration
Special Services $57,000 30%
• Topographical maps
• Geotechnical report
• Environmental assessment
• 404 permit evaluation
• Horizontal and vertical controls
TOTAL $190,000 100%
Funds for design are available in account 176-76102-005.
BACKGROUND:
A total of $1,270,000 was approved in the October 1998 bond election for park and trail
improvements. Of this amount, $770,000 was approved for trail development that
included the trail along Big Bear Creek linking Parr Park to Bear Creek Park. The other
February 1, 2001 (12:56PM)
trail project approved was the Kimball Road Trail linking the C. Shane Wilbanks Trail to
the entrance of Meadowmere Park.
The City Council approved a resolution at the July 6, 1999 Council meeting authorizing
staff to submit a TXDOT grant application for the development of a trail system along Big
Bear Creek that would link Parr Park and Bear Creek Park. The City was informed in
January of 2000 that the grant was approved by the Texas Transportation Commission.
The TEA -21 grant was for $1.56 million and the City's match was $500,000 for a total
project cost of $2.06 million.
Staff interviewed a total of 3 engineering firms on October 10, 2000 for the design of the
Bear Creek Trail. Staff selected Halff & Associates, Inc. based upon their previous
experience with ISTEA and TEA -21 trail projects. Officials at TXDOT ratified the City's
selection of Halff & Associates, Inc. Officials at TXDOT have also approved the design
contract with the firm and the agreement with Memorial Baptist Church for the use of
church property for a portion of the trail. The City Council approved an agreement with
Memorial Baptist Church at the August 15, 2000 meeting.
City Attorney Stan Lowry reviewed the proposed contract with Halff & Associates, Inc.
Staff recommends approval of the contract.
FON
February 1, 2001 (8:31 AM)
1008-00-1068 engineerd raft. doc
THE STATE OF TEXAS )
CONTRACT
COUNTY OF TARRANT )
Date:
THIS CONTRACT is made and entered into by and between the CITY OF GRAPEVINE,
a Texas municipal corporation, hereinafter referred to as "City", and Halff Associates, Inc.,
a Texas corporation, whose local address is 8616 Northwest Plaza Drive, Dallas, Texas
75225, hereinafter referred to as "Engineer". The terms of this Contract shall be
administered on behalf of the City by its Director of Parks and Recreation or his designated
representative, hereinafter referred to as "Director". The decision of the City Council in all
disputes shall be final and binding.
WITNESSETH:
F
The City hereby contracts for the services of Engineer to prepare construction
plans, details, specifications and special provisions for The Extension of Big Bear Creek
Hike and Bike Trail, from Bear Creek Park to Pool Road, in the City of Grapevine, Tarrant
County, Texas, and based on the Concept presented. ' in the Funding Reimbursement
Application dated August 6, 1999, in accordance with the terms of this contract.
114MAM61jiffly WAMOM
In accordance with guidelines established by the City of Grapevine Department of Parks
and Recreation, Engineer agrees to perform, or have performed, the field work necessary
to establish horizontal and vertical control; locate existing features, utilities and
topography; and gather geotechnical data, as required for design and as more particularly
described below.
1
II
PRELIMINARY DESIGN
PRELIMINARY DESIGN
Engineer agrees to develop a Preliminary Design based on the Concept Plan presented
in the Funding Reimbursement Application dated August 6, 1999 for review by City staff,
City Council and other affected parties, prior to commencement of Final Design, as more
particularly described below.
A. BASIC SERVICES ,
2.1 Mapping & Surveys
See Special Services
2.2 Preliminary Trail Design
Using the concept plan, preliminary trail geometrics will be set to establish
preliminary grades. Project goals will be reviewed and the preliminary design will
address those goals with intersection geometry, a preliminary drainage plan, identify
necessaryenvironmental mitigation and identi re uired adjustments to existing
g fyy; q 1
public and private infrastructure in the corridor. Preliminary drainage will be based
on the necessary analysis of the subject watershed to identify work necessary
outside the immediate project limits. Drainage design criteria will be based on full
land use development in accordance with the City's adopted .plan. This scope
includes design of drainage improvements within the immediate project limits only.
Design of any drainage modifications outside of the 100 -foot corridor will require
revision to the scope and budget.
2.3 Utilitv Relocation Plan
7
The effect of the preliminary design elements on existing utilities will generate the
basis for a preliminary utility relocation plan to be developed interactively with the
representatives of the affected franchised and City utilities. The Utility Relocation
Plan will analyze utilities along the project to determine the impact of the concept
plan, conflicts and required solutions to expedite and control the project budget and
schedule. This scope excludes design of utility relocations and is limited to
coordination only.
2.4 Watershed -Impact Analysis
The watershed impact analysis will be based on analyzing drainage
requirements along the project assuming the watershed to be fully developed
based on zoning. Channel crossings will be analyzed to minimize impacts on
existing and proposed improvements. Existing topographic information and
hydraulic models provided by the City of Grap4vine will be utilized for this
analysis. If suitable existing models are not available for this analysis a change
in scope and budget will be required.
2.5 Quality Assurance/Quality Control & Engineers Statement of Probable Cost
The validity of the preliminary design approach will,be subjected to the Engineer's
QA/QC procedures and the resulting plan analyzed for its conformance to the
Id
project budget and schedulepriorto presentation to City staff for review.
X
V
-
In providing opinions of probable construction cost, the City understands that the
t or Engineer has no control over costs or the price of labor, equipment of` materials, or
over the Contractor's method of pricing, and that the opinions of probable
construction costs provided herein are to be made on the basis of the Engineer's
qualifications and experience. The Engineer makes no warrant, expressed or
implied, as to the accuracy of such opinions as compared to bid or actual costs.
3
2.6 Plan Coordination
The preliminary plans will be reviewed with City staff, TOOT, the franchised utilities
and, to the extent appropriate, the affected property owners along the corridor so
that final design can begin with maximum concurrence and all necessary input.
B. SPECIAL SERVICES
2.1 Survey For Design
Field tie visible points required for final design. Above ground visible
improvements within 50 feet of the proposed centerline will be field tied. The
following information will be shown on the design drawings; ground surface
contours at an interval of one (1) foot supplemented by appropriate spot
elevations accurate to 0.1 foot elevation, visible improvements and trees, in
areas where new facilities are proposed.
This task includes performing a survey for des�gn for approximately 7,900 linear
feet of trail.
2.2 Geotechnical investigation For Design
Geotechnical investigation for the full trail corridorwith up to 15 borings to a typical
depth of 10 feet (additional depth may be required at bridge and below grade
crossing locations) and a written report of findings and recommendations.
2.3 Environmental Services
a
An environmental assessment (EA) will be prepared utilizing TxDOTrs latest EA
format. The EA will describe the existing environmental condition within the
study area and document the environmental consequences of building the
proposed hike and bike,trail from Pool Road to Bear Creek Park located on SH
360. The EA is anticipated to be processed as a Categorial Exclusion. The EA
0
will be prepared by a team of engineers and environmental scientists and Will
include the following sections.
2.3.a Environmental Assessment
The Engineer and Environmental Scientists will prepare an EA, which will include the
following sections:
Description of the Proposed Action
A) Description of the Proposed Proiect - This section describes the location,
length, termini and proposed improvements to include a portion of a new
hike/bike trail from the intersection of Big Bear Creek and Pool Road and
extending to SH 360 at Bear Creek Park
B) Purpose and Need - This section of the EA identifies and describes the
problem that the proposed project is designed to correct
C) Proiect Estimate of probable --construction cost - Coordinate with design
engineer for estimate of probable construction costs for the proposed project
D) Local Government Support - Coordinate with City, NCTCOG, TxDot, COE
and others to obtain letters of support for the project.
11
11) Description of the Existing Facility
A) Traffic Projections - Coordinate with NCTCOG to obtain updated user
projections for the proposed facility based on NCTCOG'S Mobility 2025
report.
111) Alternatives
A) No Action
B) Build Alternatives
IV) � otential, Socio, Economic and Environmental Effects of the Proposed Action
A) Regional and Community Growth
B) Economic Impacts
C) Public Facilities
D) Community Cohesion
E) 4F Property
F) Lakes, Rivers and Streams
G) Jurisdictional Water
5
H) Water Quality
1) Threatened and Endangered Species
J) Historical and Archaeological Sites
K) Aesthetic Consideration
L) Prime Farmlands
M) Air Quality
N) Noise Assessment
O) Hazardous Waste
V) Cultural Resource Survey
The Texas Department of Transportation will conduct a Cultural Resource Survey
and evaluation. A Cultural Resource Report will be prepared and incorporated into
the EA.
VI) Public Notification ,
A) Provide notification of the findings of the EA in the local newspaper, the
Grapevine Sun.
Upon receiving review comments, the draft EA will be revised. Six copies of the
final EA will be delivered to TXDOT. Upon approval of the categorial exclusion by
TxDOT, a public notice of findings will be published in the Grapevine newspaper.
r
2.3.b Wetland Determination and Section 404 Permit:=
,The COE. regulates the placement of fill material into "Waters of the United States"
or special aquatic sites that include wetlands. This authority of the regulatory
agency can drastically impact future development plans of the excavation options
if not addressed in the planning phase of the project. '"
The COE defines wetlands as: "Those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas."
0
Halff Associates' approach in obtaining Section 404 permits can be brokeh down
into three (3) phases:
Phase I. Identify wetlands and jurisdictional Waters of the U.S.;
Phase 11. Assist in project planning and development to minimize impacts; and
Phase Ill. Apply for permit and work with the regulatory agencies to resolve and
mitigate concerns.
The first phase is to identify the wetlands and jurisdictional areas for the entire trail
project from Pool Road to SH 360 at Bear Creek Park. The second phase is to
assist in the trail and bridge planning to minimize wetland impacts. TxDot will
provide the third phase, which is to apply for the Nationwide Permit (NWP) 14 and
work with the regulatory agencies to resolve and mitigate any concerns that may
arise during the permitting process. The first phase consists of gathering existing
information on wetland vegetation and soil indicators, and preparing a wetland
determination of the project area. The second phase involves overlaying the
proposed trail alignment over the wetland map to determine areas of impact and
determine the number of wetland acres imparted. The trail and bridge embankment
plans are then refined to avoid or minimize wetland impacts. The third phase
involves submitting the permit application and mitigation plan to the COE and other
regulatory agencies and working with the agencies to resolve any concerns.
I
Phase 1 - Jurisdictional Determination
The wetland determination is the most critical step in the Section 404 permit
process because it identifies the areas over which the COE has jurisdiction. The
mapping of the wetlands and waters of the U.S. requires knowledge of the
vegetation, hydric soils, and hydraulic conditions. The wetland determination
requires field verification to accurately identify the edge of the wetland. The
perimeter of the various wetlands will be flagged in the field and the wetland areas
will then be transferred to a set of aerial photographs or topographic maps. The
specific work items in this task include:
i a. Utilize existing'topographic maps, spot survey elevation maps, and existing City
of Grapevine aerial photography to create an accurate base mapPf the subject
property. We propose to use the City 1992 1"=200' topographic maps of the
City of Grapevine for this project.
b. Identify hydric soil associations in the project area and map them on the
topographic map. -Soil information will be obtained from the Tarrant County Soil
Survey. The USDA Natural Resources Conservation Service list of hydric soils
will be used to identify and delineate the hydric groups.
7
c. Identify wetlands as identified by U.S. Fish and Wildlife Service National Wetland
Inventory maps.
d. Locate specific vegetation communities based on current aerial photography and
on-site inspections, and outline the major plant associations on the base map.
e. Locate the 100 -year flood plain line on the topographic map based on the latest
city flood elevations.
f. Merge information onto the base map from items b, c, d, and e. Based on this
information, preliminary wetland delineation can be drawn.
g. The site will be inspected to confirm or modify the preliminary wetland
determination. Numerous sites will be field -checked to accurately define the
wetland areas. The perimeter of each wetland area may be marked with survey
flagging. Wetland delineation data forms will be compiled to characterize the
wetland's hydric soils, hydrology, and vegetation. Color photographs will be
taken of the project area to characterize current site conditions.
h. A final wetland delineation map will be produced and the total acreage of
wetlands will be calculated. A summary report of the methodology and wetland
field data sheets, along with color photographs of the site, will be produced for
submittal to the COE.
Phase 2 - Proposed Trail and Bridge Embankments
The proposed limits of the trail right-of-way and location of bridge embankments will
be merged with the wetland delineation map of the,study corridor. Features that will
influence the jurisdictional evaluation and permitting requirements include: local
surface drainage patterns, determination of th&-creek's wetland fringe related to
bridge/embankment placement, and whether stream crossings are crossed with
culverts or bridges and the amount of channel modification that is proposed from fill
�,or excavation. A preliminary impact analysis will be developed for the proposed
project. The trail and bridge plan will be refined and reviewed with the City prior to
submittal to the COE.
Phase 3 - Permit Application - NWP 14
A NWP 14 - Linear Transportation Crossings permit application will be developed
and submitted to the COE. Prior to application submittal, a meeting will be arranged
with the COE, and the 404 Permit Regulatory staff. The meeting will overview the
N.
proposed project and provide the COE with the opportunity to comment and
suggest possible design features that will minimize permitting concerns. A field
inspection of the trail alignment and proposed approach to the Creek crossings can
be conducted with the COE if they so desire. A mitigation plan will be developed
to compensate for impacted wetlands and vegetation.
Engineer agrees to prepare final construction plans, details, specifications, bidding
documents and special provisions as required for the Extension of Big Bear Creek Hike
and Bike Trail, from Bear Creek Park to Pool Road to include design of a 10 foot wide by
5" thick concrete trail, specifications and associated details for up to 4 prefabricated steel
pedestrian bridges, one below grade crossing of the" southbound SH 121 frontage road and
associated retaining walls, localized drainage crossings, signage, stripping and pedestrian
railing, for the full extent of the project (approximately 7900 LF within a 100' wide corridor)
and to coordinate with applicable public agencies for necessary approvals and with
franchised utilities for necessary relocation of their facilities and to perform Basic
Construction Phase Services as more particularly described below.
A. BASIC SERVICES
31 Construction Plans
Construction Plans shall consist of the plan sheets and details for paving, drainage,
sig nage,- traffic control plan, and related appurtenances thereto.
Cross-sections shall be spaced at a maximum of 100 -foot intervals, drawn to show
all excavation or fill needed for construction of the project. Calculations for end
areas and volumes of excavation and embankments (including shrinkage factors
used) shall be shown -on the cross section sheets.
A Construction Phasing and Traffic Routing Plan shall be included in the Final
0
Construction Plans for the areas adjacent to SH 121 and SH 360.
3.2 Right -Of -Way Documents
See Special Services
3.3 Bidding Documents, Specifications
Bidding Documents, Specifications and Special Provisions of Contract including
Engineer's Final estimate of probable construction cost, Quantity Takeoffs and
Construction Schedule.
Submittals required for final submission:
6 Sets of blackline copies (22" x 34") of complete construction plans
10 Sets of Specification and Proposal Book
4 Sets of Half Scale complete construction plans
1 Set of Final Cross-sections (22" x 34", reproducible)
1 Set of the entire construction plans on standard CD, utilizing the *.DGN
format for use with microstation. (Halff Associates will utilize microstation for
design and drafting)
3.4 Master Utilities Plans and Profile
See Special Services
3.5 Quality Assurance/Quality Control
See 11. A. 2.5
3.6 Coordination/Submittal Milestones
Final Design submittals shall include 60% and 100% submittals to the City of
Grapevine and TxDot.
10
3.7 Permits and Approvals
Basic Services will include necessary coordination of the final design with the City,
TxDOT, Utility companies, COE and affected property owners with a schedule of
submittals to be mutually decided upon with each party. All submittals will be the
result of an ongoing QA1QC program throughout the plan preparation process.
All applications for permits to allow construction on State Highway right-of-way will
be included.
B. SPECIAL SERVICES
3.1 Right -of -Way Documents
It is our understanding that all rights of ways and easements have been acquired
for this project.
IV
CONSTRUCTION
A.1 BASIC SERVICES
4.1 Advertise and Coordinate Bid Process
Preparation of materials for advertisement of the project for bidding, distribution of
k' -
bid sets (including to bidders and plan houses), organization and execution of a pre-
bid conference, distribution of addenda and response to bidders inquiries.
4.2 Receive, Tabulate and Evaluate Bids
City shall receive the Bids. Halff Associates shall assist the City in tabulating and
evaluating the bids and make a recommendation to the City for award of a
construction contract.
11
4.3 Construction Plans
Provide the City with one reproducible copy of the construction plans for the City's
use during the construction phase.
A.2 BASIC SERVICES CONSTRUCTION
4.1 Construction Administration
The Engineer will provide general administration services during construction which
will include the following:
Attend monthly or periodic progress meetings as requested by the City to provide
technical consultation and responses to requests for information by the contractor.
Prepare report for each progress meeting.
01
Consult and advise with the City and TxDot, issue instructions to the contractor
requested by the City or TxDot, and prepare and issue routine change orders with
the City's and TxDot's approval.
Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill
test of material, equipment and other data which the contractor submits only as
required by construction cortact documents.
Obtain and review monthly and final estimates for payments to contractors and
furnish to the City any recommended payments to contractors. Ass6mble written
guarantees which are required by the Contract Documents.
4.2 Final Walk Through
The Engineer will conduct, in company with the City and TxDOT, a final walk
through of the Project for general compliance with the Contract Documents, and
12
submit recommendations concerning the City's acceptance of the Project and final
payment to the Contractors.
4.3 Record Drawings
The Engineer will prepare Record Drawings reflecting and conforming to the final
field conditions and significant changes to the construction plans required during the
construction of the project. According to information received from the contractor,
the City Inspector, and the Engineers staff, the Record Drawings shall be submitted
to the City Staff as follows:
Because these Record Drawings are based on unverified information provided by
other parties which will be assumed reliable, the Engineer cannot and does not
warrant their accuracy.
Set of Reproducible Mylars (22" x 34") identified as Record Drawings with an
effective date.
1 Set of the entire construction plans on standard CD, utilizing the *.DWG
format for use with AutoCAD Release 14 and *.DGN format for use with
microstation.
Record Drawings shall be delivered to the City within 60 calendar days of the Final
Acceptance of the project.
B. SPECIAL SERVICES CONSTRUCTION
41 Construction Staking
(a) Basic Control
Engineer will provide vertical and horizontal construction control staking by
establishing a minimum of 9 horizontal and vertical control points for the project and
13
setting all points of centerline horizontal geometric change on the proposed right-of-
way for use by the construction contractor.
(b) Construction Staking
It is our understanding that actual construction staking will be performed by the
contractor based on the construction plans and control Special Services 4.1(a) set
by the Engineer.
V
TIME FOR COMPLETION
Engineer agrees to complete and submit all work required by City under FIELD SURVEY
WORK and PRELIMINARY DESIGN within 155 calendar days from the date of the written
authorization by director or his designee to proceed immediately following execution of the
contract. FINAL DESIGN/PLAN PREPARATION and all other work required under the
contract documents will be completed within 205 calendar days from the date of written
authorization to commence said work by the Director or his designee after review and
return of the preliminary plans, provided however that either time -frame may be extended
or suspended due to delays in the right-of-way acquisition, reviews by agencies or
franchised utilities or other such matters beyond the control of City or Engineer, with the
mutual written consent of both parties. Note: Total calendar days to complete the
PRELIMINARY and FINAL DESIGN is 360 calendar days.
VI
COMPENSATION: SPECIAL SERVICES, BASIC, AND TOTAL ENGINEERING FEE
A. BASIC ENGINEERING SERVICES FEE
6.1 The BASIC ENGINEERING SERVICES FEE shall provide compensation for all
design work, drafting work, computations, and all other work required for the design
of this project, including Preliminary and Final Design Phases -and Basic
14
Construction Phases Services, except that work described under Sectio'n'VI.B.
below.
6.2 The basis for compensation shall be Lump Sum. The total maximum BASIC
. ENGINEERING SERVICES FEE shall be One Hundred Thirty Three Thousand
Dollars ($133,000-00).
6.3 BASIC ENGINEERING SERVICES FEE shall be paid as follows:
(a) Upon furnishing satisfactory evidence of progress to City, Engineer shall receive up
to twenty (20) percent of the maximum BASIC ENGINEERING SERVICES FEE, as
shown in Section V.A.6.2 above, per month..,The first monthly partial payment may
be requested by Engineer thirty (30) calendar days after the date of execution of the
Contract, and then monthly thereafter.
01
Should the Engineer furnish satisfactory evidence to the Director of Parks and
Recreation that his progress exceeds twenty percent (20%) of the total Engineering
effort, as defined by this Contract, the partial payment may be increased to a higher
percentage at the discretion of the Director of Parks and Recreation. In no case
shall the sum of the partial payments exceed Eighty-five percent (85%) of the
maximum BASIC ENGINEERING SERVICES FEE. The remaining fifteen percent
(15%) of BASIC ENGINEERING SERVICES FEE shall be paid as part of Basic
Construction Phase services incrementally as work progresses.
(b) City reserves the right to delay, without penalty, any partial paymeRt, when in the
opinion of the Director, Engineer has not made satisfactory progress on this design
of this project.
6.4 No items of work shall be included in the Basic Engineering Services Fee for
compensation except those items described in Section II., PRELIMINARY DESIGN,
15
Section Ill., FINAL DESIGN/PLAN PREPARATION, and Section VI.A. BASIC
ENGINEERING SERVICES FEE of this Contract.
B. SPECIAL SERVICES FEE
6.1 The SPECIAL SERVICES FEE shall provide compensation to Engineer for FIELD
SURVEY WORK as needed for initial establishment of control lines, centerlines,
elevations, location of underground utilities, aerial topography, and other field
surveys necessary for the design of this project including establishment of existing
right-of-way and easements, for environmental services for Environmental
Assessment and 404 Permit and for soil investigations (25 required under Section
11 B, Ill B and IV B). Also, non -salary expenses shall be paid under said SPECIAL
SERVICES FEE for reproduction costs, computer services, communication charges
and pre -authorized delivery charges as required for proper execution of the design
of all Phases of this project. f
6.2 The basis for compensation for the above shall be lump sum as follows: In no event
shall the maximum SPECIAL SERVICES FEE exceed Fifty Seven Thousand
Dollars ($57,000.00) regardless for the amount of work required, without written
authorization.
6.3 Payment for Special Services shall be on the basis of actual progress (percent
1 4"
complete), invoiced monthly to the City.
6.4 For the purpose of budgeting, the separate major elements of Special Services are
estimated as follows:
Element Cost
On the Ground Topography/Utility $15,500.00
16
Locations/Cross Sections
Horizontal and Vertical Control and $5,000.00
Monumentation
Geotechnical Report $ 7,500.00
Environmental Assessment $23,000-00
404 Permit Evaluation $ 6,000.00
6.5 No items of work will be included in the SPECIAL SERVICES FEE for compensation
except those items described in Section 1, FIELD SURVEY WORK; Section 11,
PRELIMINARY DESIGN; Section III, FINAL DESIGN/PLAN PREPARATION;
Section IV, CONSTRUCTION; and Section VI, SPECIAL SERVICES FEES of this
contract unless otherwise authorized by the City of Grapevine in writing.
C. TOTAL ENGINEERING FEE
The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and
the BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE for this
Contract shall not exceed One Hundred Ninety Thousand Dollars ($190,000-00) unless
otherwise authorized by the City of Grapevine in writing.
VII
OWNERSHIP OF DOCUMENTS
Upon acceptance and approval by City of Section III: FINAL DESIGN/PLAN
PREPARATION, mylar record copies of original tracings, cross sections, preliminary plans,
special provisions, field notes, and any other related documents or items shall become the
sole property of the City of Grapevine and shall be delivered to City. The City shall not
17
reuse or make any modification to the plans and specifications without the prior written
authorization of the Engineer. The City agrees, to the fullest extent permitted by law, to
indemnify and hold the Engineer harmless from any claim, liability or cost (including
reasonable attorneys' fees and defense cost(s) arising or allegedly arising out of any
unauthorized reuse or modification of the construction documents by the City or any person
or entity that acquires or obtains the plans and specifications from or through the City
without the written authorization of the Engineer. Engineer may make copies of any and
all plans, cross sections, field notes, and related documents for his files.
VIII
ENGINEER'S LIABILITY
8.1 After acceptance of the final plans and special provisions by City, Engineer agrees,
prior to and during the construction of this project, to perform such engineering
services as may be required by City to correct errors or omissions on the original
plans prepared by Engineer and to change the original design as required by such
errors or omissions at no additional compensation, for those errors, be mutually
agreed between the parties, which are inconsistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under
similar circumstances.
8.2 Redesign occasioned for the convenience of,the City shall be at additional
compensation for Engineer. Any additional compensation shall be as negotiated
between Engineer and City and agreed upon in a separate or supplemental contract
r•
after authorization by the City Council.
8.3 Acceptance and approval of the final plans by the City shall not constitute nor be
deemed a release of'this- responsibility and liability of Engineer, its employees,
associates, agents, subcontractors and consultants for the accuracy and
competency of their Designs, Working Drawings and Specifications, or other
18
Documents and work; nor shall such approval be deemed to be an assumption of
such responsibility by the City for any negligent error or omission in the Designs,
Working Drawings and Specifications or other Documents prepared by Engineer,
its employees, associates, subcontractors, agents and consultants.
8.4 Engineer agrees to indemnify and hold City, its officers, agents and employees,
harmless against claims, lawsuits, judgments, costs and expenses including
reasonable attorney's fees and collection costs for personal injury (including death,
property damage or other harm for which recovery of damages is sought that may
arise out of or be occasioned by the intentional or negligent breach of any of the
terms or provisions of this Contract by Engineer, its officers, agents, associates,
employees or subconsultants, or by any other negligent act or omission of Engineer,
its officers, agents, associates, employees or subconsultants, in the performance
of this Contract; except that the indemnity provided for in this paragraph shall not
apply to any liability resulting from the sole negligence of City, its officers, agents,
employees or separate contractors, and in the event of joint and concurrent
negligence of both the Engineer and City, responsibility, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without, however,
waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to: any other person or entity. Cost
V Nricipals will be based on the provisions of 48CFR Chapter 1 Part 31 Federal
Acquisition Regulation (FAR 31).
M
INSURANCE
Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum
insurance during the term of this Contract:
19
9.1 Worker's Compensation and Employers' Liability. This insurance shall protect the
Engineer and his subcontractors against all claims under applicable state workers'
compensation laws. The insured shall also be protected against claims for injury,
disease, or death of employees which, for any reason, may not fall within the
provision of a workers' compensation law. This policy shall include an all -states
endorsement. The liability limits shall not be less than:
Workers' Compensation
Employers' Liability
Statutory
$500,000
9.2 Comprehensive General Liability This insurance shall be an occurrence type policy
written in comprehensive form and shall protect the engineer and his subcontractors
and the additional insureds against all claims arising from bodily injury sickness,
disease or death of any person other than the Engineer's employees or damage to
property of the City of Grapevine or others arising out of the act or omission of the
engineer or his subcontractor or their agents, employees, or subcontractors. This
policy shall also include protection against claims insured by usual personal injury
liability coverage, a (protective liability) endorsement to insure the contractual
liability, broad form property coverage, explosions, collaspes or underground
hazards, premises/operations, and independent contractors.
Bodily Injury $ 1,000,000 per occurrence
Property Damage $ 2,000,000 aggregate
r
9.3 This insurance shall be written in the comprehensive form and shall protect the City,
the Engineer and his subcontractors and the additional insured against all claims
for injuries to members -of the public and damage to property of others arising from
the use of motor vehicles, and shall cover operation on and off the site of all motor
vehicles licensed for highway use, whether they are owned, non -owned, or hired.
20
The liability shall not be less than:
Bodily Injury
Property Damage $1,000,000 Combined Single Limit
9.4 Professional Liability coverage of not less than $1,000,000.00 single limit. The
Engineer shall maintain coverage for at period of no less than two (2) years from the
date of project completion.
9.5 The cost of all insurance required herein to be secured and maintained by Engineer
shall be borne solely by Engineer, with certificates evidencing such minimum
coverage in force to be filed with the City. Such certificates shall provide that City
shall receive 30 days prior written notice of any cancellation, material change or
reduction in coverage.
CONTRACT TERMINATION
In connection with the work outlined in this Contract, it is agreed that the Director may
cancel or indefinitely suspend further work by written notice to Engineer with the
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. 6efore the end of a thirty (30) day
period following such notice, Engineer shall invoice the City for all work completed and
shall be compensated in accordance with the terms of this Contract for all work
accomplished by Engineer prior to the receipt of said notice, and approved by Director.
No payment shall be made by City to Engineer for lost or anticipated profits. All plans,
field surveys, maps, cross sections and other data related to the project shall become the
property of City upon termination of this Contract, subject to the Ownership of documents
provisions above - referenced. Nothing herein shall deprive City of its right to terminate
this Contract for breach of same by Engineer and City retains its right to any and all
21
remedies it may have, at law or at equity, to strictly enforce the terms of this Contract,
included, but not limited to, its right to seek specific performance of the terms hereof. In
case of any default by Engineer, City shall notify Engineer in writing of same. If Engineer
does not remedy the default within ten (10) days of said notice, City may terminate this
Contract for cause and/or pursue any legal remedy it may have against Engineer.
APPLICABLE LAW AND VENUE
This Contract is entered into subject to the Charter and Ordinances of the City of
Grapevine, as amended and applicable Federal and Texas State laws. The provisions of
this Contract shall be construed in accordance with the laws and court decisions of Tarrant
County and the State of Texas; and exclusive venue for any litigation which may be filed
by either party hereto in connection with this Contract shall be in Tarrant County, Texas.
M
ASSIGNMENT
This Contract shall be deemed personal to Engineer and in no event shall be sublet or
assigned without written approval of both parties.
XIII
RIGHT OF REVIEW; INDEPENDENT CONTRACTOR
Engineer agrees that City may review any and all work performed by Engineer on this
r
project. The relationship of Engineer to City is that of Independent Contractor.
XIV
NONDISCRIMINATION
As a condition of this Contract, Engineer covenants that he will take all necessary actions
22
to insure that, in connection with any work under this Contract, Engineer, his associates
and subcontractors, will not discriminate in the treatment or employment of any individual
or groups on the grounds of race, color, religion, national origin, age, sex, or handicap
unrelated to job performance, either directly, indirectly, or through contractual or other
arrangements. In this regard, Engineer shall keep, retain and safeguard all records relating
to this Contract or work performed hereunder for a minimum period of three (3) years from
final Contract completion, with full access allowed to authorized representatives of the City,
upon request, for purposes of evaluating compliance with this and other provisions of the
Contract.
M
Engineer covenants and represents that Engineer, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or
required for the construction of the project.
XVI
The Engineer shall maintain, and the City shall have tfieright to examine books, records,
documents, and other evidence and accounting procedures and practices, sufficient to
reflect properly all direct and indirect costs of whatever nature claimed to have been
incurred and anticipated to be incurred in the performance of this Contract, "Such right of
examination shall include inspection at all reasonable times of the Engineer's offices or
facilities, or such parts thereof, as may be engaged in the performance of this Contract.
XVII
23
All written notices and correspondence given to City by Engineer shall be mailed or
delivered to the City of Grapevine, Director of Parks and Recreation, P.O. Box 95104,
Grapevine, Texas 76099. All written notices and correspondence from City to Engineer
shall be mailed or delivered to the Engineer as follows:
Halff Associates, Inc. ---
8616 Northwest Plaza Drive
Dallas Texas 75225
Attn: Patrick Lee Acker
EXECUTED this the day of 20 the CITY OF GRAPEVINE
signing by and through the City Manager,
adopted dopted by City Council on and
signing by and through its
has caused this instrument to be executed by its duly authorized
officials.
M
CITY OF GRAPEVINE
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
o: \CONTRACTS\e ng i n ee r. co n ; 3-8-99
24
HALFF ASSOCIATES, INC.
By:
'title
Name
Disadvantaged Business Enterprise (DBE) - Federal -Aid/
Historically Underutilized Business (HUB) - State Funded Requirements for
Architectural/Engineering Contracts with a Zero Goal
It is the policy of the Texas Department of Transportation that minority businesses, DBEs
and HUBS have the maximum opportunity to participate in the performance of
Department contracts.
If the DBE/HUB goal is zero, the provider agrees to. insure that minority businesses,
DBEs and HUBs have the maximum opportunity to participate in the performance of
subcontracts. In this regard, the provider shall take all necessary and reasonable steps to
insure that minority businesses, DBEs and HUBs have the maximum opportunity to
qualify and perform subcontracts.
The provider and any subprovider shall not discriminate on the basis of race, color,
national origin or sex in the award and performance 11 of contracts. These requirements
shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of contract
and, after the notification of the Department, may result in termination of the contract by
the Department or other such remedy as the Department deems appropriate.
1 _1 9/97
DH-OGOALATT