HomeMy WebLinkAboutItem 12 - Oak Grove Trail11TM 0 -- --- - /-2 - - -
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGERAW
MEETING DATE: DECEMBER 17, 2002
SUBJECT: CONSIDER AWARD OF AN ENGINEERING DESIGN
SERVICES CONTRACT FOR THE OAK GROVE TRAIL TO
HALFF & ASSOCIATES, INC.
RECOMMENDATION:
City Council to consider approval of an engineering services contract for the design of
Oak Grove Trail with Halff Associates, Inc. in the amount of $210,000. The contract is
attached for Council review.
FUNDING SOURCE:
Amount Percent
Basic Services $136,750 65%
• Mapping and surveys
• Preliminary trail design
• Utility relocation plan
• Watershed impact analysis
• Quality assurance/control
• Plan coordination
• Landscape amenities
Special Services
• Survey for design $73,250 35%
• Geotechnical investigation
• Environmental services
TOTAL $210,000 100%
Funds for design are available in account 176-76105-005, Oak Grove Trail and account
171 -11101 -111 -NW, Open Space Funds.
December 11, 2002 (11:26AM)
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 apportioned for trail improvements.
Construction will begin on the Big Bear Creek Trail next spring as well as the other main
trail project, the Oak Grove Trail. This 1.6 mile hike and bike trail will link the C. Shane
Wilbanks Trail at the Oak Grove Soccer Complex to the future Dove Loop Trail at the
intersection of Dove Road and Dove Loop.
The City Council approved a resolution at the June 5, 2001 Council meeting authorizing
staff to submit a TxDOT grant application for the development of the Oak Grove Trail.
Representative Vicki Truitt and Council Member Darlene Freed lobbied for the funds on
the City's behalf. The TxDOT grant award of $1.17 million is matched by $390,000 from
the City.
Staff interviewed four engineering firms on August 15, 2002 for the design of the Oak
Grove 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 Asscoiates, Inc.
City Attorney Matthew Boyle reviewed the proposed contract with Halff & Associates,
Inc. Staff recommends approval of the contract.
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December 11, 2002 (3:01 PM)
THE STATE OF TEXAS )
CONTRACT
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:
The City hereby contracts for the services of Engineer to prepare construction
plans, details, specifications, and special provisions for the Oak Grove Hike and Bike Trail
project, from C. Shane Wilbanks Trail at Oak Grove Park to the programmed Dove Loop
Road project currently under design, in the City of Grapevine, Tarrant County, Texas, and
based on the Concept presented in the Funding Reimbursement Application dated June
2001, in accordance with the terms of this contract.
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FIELD SURVEY WORK
In accordance with guidelines established by the City of Grapevine Parks and Recreation
Department, 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.
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PRELIMINARY DESIGN
PRELIMINARY DESIGN
Engineer agrees to develop a Preliminary Design based on the Concept Plan presented
in the Funding Reimbursement Application dated June 2001 for review by City staff, City
Council, Corps of Engineers, 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 Article 11, Section B.2.1 - Survey for Design
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
necessary environmental mitigation and identify required adjustments to existing
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.
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2.3 Utility Relocation Plan
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 Grapevine zoning information in effect at the time this Agreement is
executed. Channel crossings will be analyzed to minimize impacts on existing
and proposed improvements. Existing topographic information and hydraulic
models provided by the City of Grapevine 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/Quaiity 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
project budget and schedule prior to presentation to City staff for review.
In providing opinions of probable construction cost, the City understands that the
Engineer has no control over costs or the price of labor, equipment or materials, or
over the General Construction Contractor's (hereinafter "General Contractor")
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.
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The Engineer makes no warrant, expressed or implied, as to the accuracy of such
opinions as compared to bid or actual costs.
2.6 Plan Coordination
The preliminary plans will be reviewed with City staff, TxDOT, Corps of Engineers,
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.
2.7 Landscape Amenities
We will develop concept plans for the following trail amenities: (2) trail heads, (3)
trail signage, bench locations, aesthetic bridge treatments, retaining/barrier wall
aesthetics, and plantings at trail heads, bridges, and disturbed areas on the trail.
B. SPECIAL SERVICES
ZI Survey For Design
Field tie visible points required for final design. Above ground visible
improvements, and trees greater than 3" in diameter, 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 el I evation,
visible improvements and trees, in areas where new facilities are proposed.
This task includes performing a survey for design for approximately 8,500 linear
feet of trail.
2.2 Geotechnical investigation For Design of Bridges and Structures
Geotechnical investigation with up to six (5,) borings to a typical depth of 20 feet and
a written report of findings and recommendations to facilitate the design of the
bridges and structures and to provide pavement section recommendations.
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2.3 Environmental Services
An environmental assessment (EA) will be prepared utilizing TxDOT's 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 the C. Shane Wilbanks Trail at Oak Grove Park
to the programmed Dove Loop Road project. The EA is anticipated to be
processed as a Categorial Exclusion. The EA 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:
1) Description of the Proposed Action
A) Description of the Proposed Project - This section describes the location,
length, termini and proposed improvements to include a portion of a new
hike/bike trail from C. Shane Wilbanks Trail at Oak Grove Park to the
programmed Dove Loop Road project.
B) Purpose and Need - This section of the EA identifies and describes the
problem that the proposed project is designed to correct
C) Project 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) 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
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IV) Potential, 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
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
0)
Hazardous Waste
V) Cultural Resource Survey
A Cultural resource survey and evaluation will be conducted by Dr. Alan Skinner of
AR Consultants. Dr. Skinner will obtain an antiquities permit from the State Historic
Preservation Officer prior to conducting his on -the-ground field reconnaissance. 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. One hard copy and
one digital copy 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.
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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."
Halff Associates' approach in obtaining Section 404 permits can be broken down
into three (3) phases:
Phase 1. 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 C. Shane Wilbanks Trail at Oak Grove Park to the programmed Dove
Loop Road project. The second phase is to assist in the trail and bridge planning
to minimize wetland impacts, and the third phase 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 impacted. 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.
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
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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:
a. Utilize existing topographic maps, spot survey elevation maps, and existing City
of Grapevine aerial photography to create an accurate base map of the subject
property. We propose to use the City's 2001 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.
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
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surface drainage patterns, determination of the 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 - Regulatory Permit Regulatostiff. The meetingwilloverview the
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.
2.4 Before and After Studies
Using the preliminary trail design, pictures will be taken of key points along the trail.
These pictures will then be used as a basis for developing proposed "after" images
depicting what the trail will look like at those key points. These will be utilized to
convey design concepts and for presentations.
III*] NI ill FW WA I'll
Engineer agrees to prepare final construction plans, details, specifications, bidding
documents and special provisions as required for the Oak Grove Hike and Bike Trail, from
C. Shane Wilbanks Trail at Oak Grove Park to the programmed Dove Loop Road project,
to include design of a 10 foot wide by 5" thick concrete trail, specifications and associated
details for up to 2 prefabricated steel pedestrian bridges, localized drainage crossings,
signage, striping and pedestrian railing, for the full extent of the project (approximately
8500 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
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9 and to perform Basic Construction Phase Services as more particularly described below.
A. BASIC SERVICES
3.1 Construction Plans
Construction Plans shall consist of the plan sheets and details for paving, drainage,
signage, traffic control plan, landscape amenities (as described in the preliminary
design section), planting, irrigation 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. The cross section sheets will be
for review only and will not be included in the construction plan set.
w,> A Construction Phasing and Traffic Routing Plan shall be included in the Final
Construction Plans for the areas adjacent to park roads 1 and 2.
3.2 Right -Of -Way Documents
See Special Services Article III, Section B.3.1 — Right -of -Way Documents
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 black line copies (22" x 34") of complete construction plans
10 Sets of Specification and Proposal Book
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4 Sets of Half Scale final construction drawings
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
Version J for design and drafting)
3.4 Master Utilities Plans and Profile
See Special Services Article 111, Section B.3.2 — Master Utilities Plans and Profile
3.5 Quality Assurance/Quality Control
The validity of the final design approach will be subjected to the Engineer's QA/QC
procedures and the resulting plan analyzed for its conformance to the project
budget and schedule prior to presentation to City staff for review.
In providing opinions of probable construction cost, the City understands that the
Engineer has no control over costs or the price of labor, equipment or materials, or
over the General 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.
3.6 Coordination/Submittal Milestones
Final Design submittals shall include 60% and 100% submittals to the City of
Grapevine and 100% submittal for final review to TxDOT and COE.
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
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4) result of an ongoing QA/QC program throughout the plan preparation process.
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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.
3.2 - - Master Utilities- Plans and Profile -
The effect of the final design elements on existing utilities will generate the basis for
a final 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
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3.3 Tree Removal and Relocation
Using the preliminary trail design, trees to be removed and trees to be relocated will
be designated.
3.4 Tree Mitigation
Using the preliminary trail design and the preliminary tree removal and relocation
plan, a tree mitigation plan will be prepared which meets the City's and Corps of
Engineers' requirements for tree mitigation.
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in
CONSTRUCTION
A.1 BASIC SERVICES
4.1 Advertise and Coordinate Bid Process
Preparation of materials -for -advertisement of the project for bidding, distribution of -
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.
4,3 Construction Plans
Provide the City with one reproducible copy of the construction plans for the City's
use during the construction phase.
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TIME FOR COMPLETION
The Engineer acknowledges the importance to the City of the City's project schedule
and agrees to put forth reasonable efforts in performing the services with due diligence
under this Agreement in a manner consistent with that schedule, as provided below.
The City understands, however, that the Engineer's performance must be governed by
sound professional practices. As such, the Engineer agrees to endeavor to complete
and submit all work required by City under FIELD SURVEY WORK and PRELIMINARY
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DESIGN within 210 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 210 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 420 calendar days,
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COMPENSATION: SPECIAL SERVICES, BASIC, 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
Construction Phases Services, except that work described under Section 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 Six Thousand Seven
Hundred Fifty Dollars ($136,750.00).
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.
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
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Construction Phase services upon completion of the Advertise, Bid and Award
phase..
(b) City reserves the right to delay, without penalty, any partial payment, 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 H.A, PRELIMINARY -
DESIGN, Section IIIA FINAL DESIGN/PLAN PREPARATION, and Section IVA
ADVERTISE, BID AND AWARD 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 (as required under Sections
11 B, and III 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.
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 Seventy Three Thousand
Two Hundred Fifty Dollars ($73,250.00) regardless for the amount of work required,
without written authorization.
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6.3 Payment for Special Services shall be on the basis of actual progress (percent
complete), invoiced monthly to the City.
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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 $ 28,000.00
Locations/Cross Sections
Horizontal and Vertical Control and $ 5,000.00
Monumentation
Geotechnical Report $ 12,250.00
Environmental Assessment $ 14,000.00
404 Permit Evaluation $ 6, Ou 0 0., 00%
Before and After Studies $ 2,500.00
Tree Removal and Relocation $ 1,500.00
Tree Mitigation Plan $ 4,000.00
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 111, 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.
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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 Two Hundred Ten Thousand Dollars ($210,000.00) unless
otherwise authorized by the City of Grapevine in writing.
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6.1 Changes in Work: The Consultant shall make such revisions in the work included
in this contract which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays and
additional cost to the City.
If the City finds it necessary to request changes to previously satisfactorily
completed work or parts thereof, the Consultant shall make such revisions if
requested and as directed by the City. This will be considered as additional work
and paid for as specified under Additional Work.
6.2 Additional Work: Work not specifically described under "Scope of Services" must
be approved by supplemental agreement to this contract by the City before it is
undertaken by the Consultant. If the Consultant is of the opinion that any work the
Consultant has been directed to perform is beyond the scope of this agreement and
constitutes extra work, the Consultant shall promptly notify the City in writing.
In the event the City finds that such work does constitute extra work, then the City
shall so advise the Consultant, in writing, and shall provide extra compensation to
the Consultant for doing this work on the same basis as covered under
Compensation and as provided under a supplemental agreement and performed
by the Consultant. Any contract modification shall have TxIDOT approval prior to
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0 beginning the additional work.
E. DBE PERCENTAGE GOAL
The percentage goal for Disadvantage Business Enterprise participation in the work to be
performed under this contract is zero (0%) percent of the contract amount.
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
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 negligent errors or omissions on the
original plans prepared by Engineer and to change the original design as required
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by such errors or omissions at no additional compensation, provided those errors
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
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
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
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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.
IX
Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum
insurance during the term of this Contract:
9.1
M
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
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 subconsultants or their agents, employees, or subconsultants. This
policy shall also include protection against claims insured by usual personal injury
liability coverage, a (protective liability) endorsement to insure the contractual,
22
liability, broad form property coverage, explosions, collapses or underground
hazards, premises/operations, and independent contractors.
Bodily Injury $ 1,000,000 per occurrence
Property Damage $2,000,000 aggregate
9.3 This insurance shall be written in the comprehensive form and shall protect the City,
the Engineer and his subconsultants and the additional insured against all claims
for injuries to members -of the -public and -damage to -property -Gf-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.
The liability shall not be less than:
Property Damage $1,000,000 Combined Single Limit
9A 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 cancellation or reduction in coverage.
91
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
23
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. Before 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 in -Section-Vit Owners -hip -of Documents:-�totfiing 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 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.
W1
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.
MM
ASSIGNMENT
This Contract shall be deemed personal to Engineer and in no event shall be sublet or
u
24
assigned without written approval of both parties.
Engineer agrees that City may review any and all work performed by Engineer on this
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
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.
►WA
FINANCIAL INTEREST PROHIBITED
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.
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■
XVI
RIGHT OF AUDIT
The Engineer shall maintain, and the City shall have the right 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.
16.1 Retention, Availability of Records and Audit Requirements: The City shall have the
exclusive right to examine the books and records of the Consultant for the purpose
of checking the amount of work performed by the Consultant at the time of contract
termination. The Consultant shall maintain all books, documents, papers,
accounting records and other evidence pertaining to cost incurred and shall make
such materials available at its office during the contract period and for four (4) years
from the date of final payment under this contract or until pending litigation has been
completely and fully resolved, whichever occurs last. The City or any of its duly
authorized representatives, the Texas Department of Transportation, the Federal
Highway Administration, the United States' Department of Transportation Office of
Inspector General and the Comptroller General shall have access to any and all
books, documents, papers and records of the Consultant which are directly
pertinent to this contract for the purpose of making audits, examinations, excerpts
and transcriptions.
• Cost principals must be based on the provisions of 48 CFR Chapter 1, Part 31
Federal Acquisition Regulation (FAR31).
M
XVII
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 _
signing by and through the City Manager,
adopted by City Council on
officials.
0
20 , the CITY OF GRAPEVINE
and
signing by and throe irih its
has caused this instrument to be executed by its duly authorized
CITY OF GRAPEVINE
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
o:\CONTRACTS\engineer.con; 3-8-99
1008022392 Engineer's PSE Draft III December 3 2002
27
M-
HALFF ASSOCIATES, INC.
FIRM
Name