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HomeMy WebLinkAboutItem 08 - Big Bear Creek TrailMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER O MEETING DATE: DECEMBER 4, 2012 SUBJECT: CONSIDER AWARD OF A CONTRACT - DESIGN TRAIL LINKING THE WESTERN OAKS AND BELFORT SUBDIVISIONS WITH THE BIG BEAR CREEK TRAIL RECOMMENDATION: Staff recommends the Council approve a contract for the design of the trail linking the Western Oaks and Belfort subdivisions with the Big Bear Creek Trail with Halff Associates not to exceed $75,200. A copy of the contract is attached for review. FUNDING SOURCE: Funds are available for the design in 121 - 48850- 312 -12- 000019 - Quality of Life Fund. BACKGROUND INFORMATION: Over the past several years, residents in the Western Oaks and Belfort subdivisions have requested a safe access to the Big Bear Creek Hike & Bike Trail. Since the hike and bike trail is located on the north side of the creek and the subdivisions on the south side, there is no safe way to get access to the trail. Staff has seen residents from this area go down the side of the W. D. Tate Service Road to the trail but this is not safe due to the speed of the vehicles on the service road. Initially, staff was looking at a trail linkage from Heritage Drive north and installing a pedestrian bridge across Big Bear Creek to the trail. However, one of the consulting firms interviewed for the design recommended using a part of the edge of the service road along W. D. Tate Avenue to link up with the trail on the north side of the creek. This would be a much less expensive option and has been done in several other areas of the metroplex. A total of four consulting firms responded to a Request for Qualifications for the project and all four firms were interviewed by a team of staff from the Public Works Department and Parks & Recreation Department. At the end of the interview, the team discussed the strengths and weaknesses of all firms and did a blind vote ranking the firms. Halff Associates was a unanimous selection based upon the reputation of the firm, experience with similar projects and their unique solution to the trail linkage. Staff recommends approval. Date: November 21, 2012 THE STATE OF TEXAS ) CONTRACT COUNTY OF TARRANT ) 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 professional corporation, whose local address is 4000 Fossil Creek Blvd, Fort Worth, Texas 76137, hereinafter referred to as "Engineer". The terms of this Contract shall be administered on behalf of the City by its Director of Public Works 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 professional services of Engineer, surveyor, and others required to prepare construction plans, details, and specifications for Big Bear Creek Pedestrian Linkage Trail in the City of Grapevine, Tarrant County, Texas more particularly described in Exhibit "A" (Scope of Services) . All services are to be done in accordance with the terms of this contract. PROJECT STANDARDS AND CRITERIA All work shall be in accordance with city ordinances, guidelines, policies, and design standards. The Engineer will develop and confirm appropriate project design and drafting standards and criteria between those promulgated by the City, the TxDOT, DFW Airport and other entities having jurisdiction Immediately after receiving notice to IM00 8- 12\8698 GrapevinelproposahEngineer Contract Revised forExhibits.doc Revised 2011 1 proceed the Engineer will set up and attend a kick off meeting with staff as directed by the "Director ". The work shall be submitted to the City staff at points during the design process established at the project kick off meeting to keep the project meeting the directions provided by the Director. A project schedule is attached as Exhibit "C ". The schedule will be updated monthly with a bar graph attached. Any delays in the project completion date will be brought to the attention of the director for approval. Prior to the completion of each phase of work engineer is to provide the City with a PDF and an AutoCAD file of plans. Engineer is responsible to gather all existing data of record concerning all physical elements which will affect the design process. III 90% DESIGN 90% DESIGN will be based on the approved concept in Attachment D reviewed by City staff, City Council and other affected parties, prior to commencement of Final Design, as more particularly described In Exhibit "A" (Scope of Services). IV FINAL DESIGN/PLAN PREPARATION Engineer agrees to prepare final construction plans, details, specifications, bidding documents and special provisions more particularly described in Exhibit "A" (Scope of Services). Construction Phase Services will include Bidding, preconstruction meetings, final walk through, record drawings, and answering questions related to the design. as more particularly described in Exhibit "A" (Scope of Services). L 11008- 121$648 Crtapevinelproposiffi ngineer Contract Revised forExhibits.doc Revised 2011 2 Record Drawings The Engineer will prepare Record Drawings reflecting the final field conditions and any changes to the construction plans required during the construction of the project. The Engineer shall use information from the contractor, the City Inspector, and the Engineer's staff to develop these Record Drawings. The Record Drawings shall be submitted to the City Staff as follows: Digital set of the construction plans on CD, PDF file at 300dpi resolution (format should be image -only with no embedded text) and a AutoCAD base file. Record Drawings shall be delivered to the City within 60 calendar days of the Final Acceptance of the project. V TIME FOR COMPLETION Engineer agrees to complete and submit all work required by City under FIELD SURVEY WORK and 90% DESIGN within seventy four (74) 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 thirty (30) calendar days from the date of written authorization to commence said work by the Director or his designee after review and return of the 90% 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. ,i11 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 LA1008- 1218698 GrapevinelproposallEngineer Contract Revised forExhibits.doc Revised 2011 3 design work, drafting work, computations, and all other work required for the design of this project, including Concept and Preliminary Phases and Basic Construction Phases Services, except that work described under Section Vl.B.6.1. below. 6.2 The basis for compensation shall be Lump Sum. The total maximum BASIC ENGINEERING SERVICES FEE shall be fifty five thousand two hundred dollars ($55,200.00). 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 VI.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 Public Works 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 Public Works. 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 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 Exhibit B. B. SPECIAL SERVICES FEE 6.1 The SPECIAL SERVICES FEE shall provide compensation to engineer for preparation of the State C -List Blanket Categorical Exclusion as described in IA1008- 1218698 GrapevinelproposahEngineee Contract Revised forExhibits.doc Revised 2011 4 Exhibit A Section IV Special Services. 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 hourly service rates. In no event shall the maximum SPECIAL SERVICES FEE exceed twenty thousand dollars ($20,000.00) regardless for the amount of work required. 6.3 Payment for Special Services shall be on the basis of actual progress, invoiced monthly to the City. 6.4 For the purpose of budgeting, the separate major elements of Special Services are estimated as indicated in Exhibit "B" : 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 seventy five thousand two hundred dollars ($75,200.00). 1i/ 47 OWNERSHIP OF DOCUMENTS Upon acceptance and approval by City of Section design documents, Plans including all computer files related to the project, 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, without restriction on future use. Engineer may make copies of any and all plans, cross sections, field notes, and related documents for his files. I: 11008 - 1218648 Grapevinelproposall &&eer Contract Revised forExhibits.doc Revised 2011 5 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. 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 of 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 defect 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 defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses including 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 sub - consultants, or by any other negligent act IA1008- 1218696 C,rapevinelproposalTngineer Contract Revised forExhibits.doc Revised 2011 6 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. IX INSURANCE Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum insurance during the term of this Contract: 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 Statutory Employers' Liability $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 IA1008- 1218698 Crapevinelproposaffingineer Contract Revised forExhibits.doe Revised 2011 7 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, , 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 provider, 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. The liability shall not be less than: Bodily Injury Property Damage $1,000,000 Combined Single Limit 9.4 Professional Liabilitv 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, change or reduction in coverage. X CONTRACT TERMINATION In connection with the work outlined in this Contract, it is agreed that the Director may M10481218698 Grapevinelproposa1\Engineer Contract Revised forExhibits.doc Revised 2011 8 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. 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. 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 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. Di 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. Ir_1*11 [Cl ►1L►,14lki This Contract shall be deemed personal to Engineer and in no event shall be sublet or IA1008 4218698 Grapevinelprcposa1\En&eer Contract Revised forExhibits.doe Revised 2011 9 assigned without written approval of City. XIII RIGHT OF REVIEW; INDEPENDENT CONTRACTOR 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. "*A 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. I: 11008 - 1218698 GrapevinelproposaAEngineer Contract Revised forExhibits.doc Revised 2011 10 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. XVII NOTICES All written notices and correspondence given to City by Engineer shall be mailed or delivered to the City of Grapevine, Director of Public Works, 200 South Main Street, 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: Dennis W. Haar, P.E. Halff Associates, Inc. 4000 Fossil Creek Blvd. Fort Worth, Texas 76137 EXECUTED this the day of , 20 ,, the CITY OF GRAPEVINE signing by and through the City Manager, Bruno Rumbelow, adopted by City Council on and signing by and through its , has caused this instrument to be executed by its duly authorized officials. I; 11008 - 1218696 GrapevinelproposaAEngineer Contract Revised forExhibits.doc Revised 2011 By: CITY OF GRAPEVINE Company Name City Manager Bruno Rumbelow APPROVED BY CITY COUNCIL ON Title Name Attach Exhibits A — Scope of Services - Exhibit B Schedule of Fees — Exhibit C Project Schedule, Exhibit D Conceptual Design I: 11008 - 1218698 GrapevinelproposahEngineer Contract Revised forExbibits.doc Revised 2011 12