HomeMy WebLinkAboutItem 17 - North Scribner Waterline Design Contract£iEM ;
MEMO TO: HONORABLE MAYOR AND MEMBERS O THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER!
MEETING DATE: FEBRUARY 15, 2000
SUBJECT: NORTH SCRIBNER WATERLINE DESIGN CONTRACT
RECOMMENDATION:
City Council consider awarding a design contract to Cheatham & Associates in an
amount not to exceed $48,750 for Engineering Design Services on the North Scribner
Street Waterline Project, authorize staff to execute said contract, and take any
necessary action.
FUNDING SOURCE
Funds are currently available in FY 99 Utility Bonds for the waterline project as follows:
Pro-ject Budget
Engineering $ 324,405 11.0%
Construction 2,197,352 75.0%
Contingency 418,071 14.0%
Total $ 2,939,828 100.0%
BACKGROUND:
$ 48,750 N Scribner Project
$ 275,655 FY 2000 Water Project
The project consists of extending a 20 -inch waterline from the west side of Scribner
Street at the intersection with Banyon Drive north along Scribner Street and east along
Shady Brook to connect with the existing Dove tank 20 -inch waterline constructed in the
early 1990's. This link is part of the Water Master Plan that is identified in the 10 Year
Planning Period of 1996 to 2006.
As part of the development of the new GCISD Middle School, the school district will be
constructing their link of this 20 -inch waterline extending west from Scribner Street and
Banyon Drive intersection, west approximately 750 feet and then south to connect with
an existing 20 inch waterline crossing beneath Northwest Highway at Ball Street.
February 10, 2000 (10:54AM)
Cheatham and Associates will be performing all of the general civil design work for the
middle school site including the 20 -inch waterline within their property boundaries. Staff
proposes to engage Cheatham and Associates to design the N. Scribner Street
waterline to maintain continuity in the design efforts for the two segments connecting
existing water lines.
The estimated construction cost of the project is $375,000,00. The Basic Services Fee
component of the contract is $31,800.00. This represents approximately 8.4% of the
estimated construction costs. The engineer fee curves for a project of this size and
difficulty is approximately 9.9%.
The balance of the fee, $ 16,950.00, is for Special Services. These fees are outside of
the realm of the engineer fee curves. They typically include subconsultant tasks such as
Survey Services, Metes and Bounds ROW and Easement Preparation, Deed Research
and Geotechnical Services.
Staff recommends approval.
JSL/dsm
0:\agenda\021500\NoScribner—WL—AGM
February 10, 2000 (10:54AM)
UTILITY ENTERPRISE CAPITAL PROJECTS
Ball Street Transmission Line
PROJECT DESCRIPTION
The Construction of a 16"-20" parallel water line in the W.D. Tate and Ball Street corridor from the north side of SH 114
to the Dove Tank 20" transmission line at the intersection of Dove Extension and North Main Street for a distance of
approximately 8,195 L.F. This transmission line delivers water from the TRA delivery point to the Central and Northwest
sections of Grapevine as well as the proposed 1.5MG elevated water storage tank.
PROJECT SCHEDULE Begin End
Design Mar -00 Dec -00
Construction Feb -01 Dec -01
FISCAL IMPACT
* To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget include water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
FY -00 FY -01 FY -02 FY -03 FY -04
Operating Impact
Budget Planned Planned Planned Planned Total
Total
Project
LTD
Budget
Planned
Project .'
Expenses
09/30/99
FY -00
FY -01 FY -02 FY -03 FY -04
Cost
$0 $247 $206 $206 $206 $865
Design
99,405
99,405
Construction
529,770
529,770
Contingency
170,825
170,825
TOTAL:
SO
599,405
5700,595
$0
SO
$0
5800,000
Funding
Source
99,405
700,595
800,000
Utility Bonds *
TOTAL:
$0
$99,405
5700.595
$0
$0
$4
$800,000
* To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget include water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
FY -00 FY -01 FY -02 FY -03 FY -04
Operating Impact
Budget Planned Planned Planned Planned Total
Personnel Expenses
0
Supplies
0
Maintenance
82 82 82 246
Services
247 124 124 124 619
Capital Outlay
0
Total
$0 $247 $206 $206 $206 $865
k
UTILITY ENTERPRISE CAPITAL PROJECTS
SH 121 - 20" Nater Distribution Line
The construction of a 20" water line along the east side of William D. Tate Avenue from Hall Johnson Road to Glade Road
for a distance of approximately 4,000 L.F. This transmission line is to deliver water from TRA East delivery point to the
Central and Northwest sections of Grapevine as well as the proposed 1.5 MG elevated water storage tank.
PROJECT SCHEDULEBeein End
Design Mar -00 Dec -00
Construction Feb -01 Dec -01
FISCAL IMPACT
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
Operating Impact
FY -00 FY -01 FY -02 FY -03 FY -04
Budget Planned Planned Planned Planned Total
Personnel Expenses
0
Total
Project
LTD
Budget
Planned
Project
Expenses
09/30/99
FY -00
FY -01 FY -02 FY-03FY-04
Cost
Design
90,000
90,000
Construction
734,000
734,000
Contingency
120.886
120,886
TOTAL:
$0
590,000
$854,886
$0
$0
$0
$944,886
Funding
Source
90,000
682,262
772,262
Utility Bonds *
Utility Bonds **
136,282
136,282
Utility Bonds
36,342
36,342
TOTAL:
$0
590,000
5854,886
$0
$0
$0
1 $944,886
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
Operating Impact
FY -00 FY -01 FY -02 FY -03 FY -04
Budget Planned Planned Planned Planned Total
Personnel Expenses
0
Supplies
0
Maintenance
40 40 40 120
Services
1 137 69 69 69 344
Capital Outlay
10
Total
1 $0 $137 $109 $109 $109 $464
UTILITY ENTERPRISE CAPITAL PROJECTS
SH 121 24" Water Transmission Line (Part 2)
The construction of approximately 5,100 L.F. of 24" water line along the west side of SH 121 from Mustang Drive to
Timberline Drive. This transmission line is to deliver water from TR.A East delivery point to the Central and Northwest
sections of Grapevine as well as the proposed 1.5MG elevated water storage tank.
PROJECT SCHEDULE Begin End
Design
Construction
Mar -00 Dec -00
Feb -01 Dec -01
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
FY -00 FY -01 FY -02 FY -03 FY -04
Operating Impact
Budget Planned Planned Planned Planned Total
Total
Project
LTD
Budget
Planned
Project
Expenses
09/30/99
FY -00
FY -01 FY -02 FY -03 FY -04
Cost
$0 $266 $187 $187 -_ $187 $827
Design
60,000
60,000
Construction
433,582
433,582
Contingency
50,000
50,000
TOTAL:
SO
560,000
5483,582
SO
$0
$0$543,582
Funding
Source
60,000
59,588
119,588
Utility Bonds *
Utility Bonds **
423,994
423,994
TOTAL:
$0
560,000
5483,582
$0
$0
$0
$543,582
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
FY -00 FY -01 FY -02 FY -03 FY -04
Operating Impact
Budget Planned Planned Planned Planned Total
Personnel Expenses
0
Supplies
0
Maintenance
54 54 54 162
Services
266 133 133 133 665
Capital Outlay
0
Total
$0 $266 $187 $187 -_ $187 $827
UTILITY ENTERPRISE CAPITAL PROJECTS
SH 12127- 24" Water Supply Line
The Construction of a 27"-24" water line along the west side of William D. Tate Avenue from Timberline Drive to Hall
Johnson for a distance of approximately 6,000 L.F. This transmission line is to deliver water from TRA East delivery
point to the central and northwest section of Grapevine as well as the proposed 1.5 MG elevated water storage tank.
"Rio C �..
Design
Construction
FISCAL IMPACT
114ar-00 Dec -00
Feb -01 Dec -01
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
Operating Impact
FY -00 FY -01 FY -02 FY -03 FY -04
Budget Planned Planned Planned ` Planned Total
Personnel Expenses
0
Total
Project
LTD
Budget
Planned
Project
Expenses
09/30/99
FY -00
FY -01 FY -02 FY -03 FY -04
Cost
Design
75,000
75,000
Construction
500,000
500,000
Contingency
76,360
76,360
TOTAL:
SO
575,000
$576,360
$0
SO
$0
$651,360
Funding
Source
75,000
156,734
231,734
Utility Bonds *
Utility Bonds **
394,574
394,574
Utility Bonds
25,052
25,052
TOTAL:
SO
S75,000
5576,360
$0
$0
$0
$651,360
* To be reimbursed by Water Impact Fees
** To be reimbursed by future Water Impact Fees
IMPACT ON OPERATING BUDGET
Impact to the operating budget includes water to flush the new lines and yearly flushing using half the amount of water as
the initial flushing.
Projected Annual
Operating Impact
FY -00 FY -01 FY -02 FY -03 FY -04
Budget Planned Planned Planned ` Planned Total
Personnel Expenses
0
Supplies
0
Maintenance
58 58 58 174
Services
316 158 158 158 790
Capital Outlay
i i i i 0
Total
$0 $316 $216 $216 $216 $964
Date:
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 Cheatham and
Associates, a Texas professional corporation, whose local address is 1601 E. Lamar
Blvd., Suite 200, Arlington, Texas 76011 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 services of Engineer to prepare right-of-way
maps and descriptions, construction plans, details, specifications and special provisions
for a 20" water line, extending from the proposed 20" line to be constructed across the
Grapevine I.S.D. Middle School at Northwest Highway and Scribner, and continuing
northeast to an existing 20" line which is northeast of Shady Brook Drive and Scribner
Street in the City of Grapevine, Tarrant County, Texas in accordance with the terms of
this contract.
H
In accordance with guidelines established by the City of Grapevine Department of
Public Works, Engineer agrees to perform, or have performed, the field work necessary
to establish existing and proposed right-of-way, and horizontal and vertical control;
17
locate existing features, utilities and topography; and gather geotechnical data, as
required for design and as more particularly described below, including the preparation
of survey documents required for right-of-way and easement acquisition.
11
Immediately after receiving Notice to Proceed, the Engineer shall submit for approval by
the City, a breakdown of the primary items of work with each item shown as a
percentage of the total phase. A schedule will be prepared and updated monthly with a
bar graph attached. Engineer agrees to prepare a proposed water line alignment for
$5,000.00 for review by City Staff, City Council and other affected parties, prior to
commencement of Preliminary Design, as more particularly described below:
BASIC SERVICES:
2.1 Project Standards and Criteria:
Develop and confirm appropriate project design and drafting standards and
criteria between those promulgated by the City and other entities having
jurisdiction.
2.2 Project Inventor? -
Compile existing data of record concerning all physical elements which will affect
the design process.
2.3 Site Conditions analysis:
Review previous studies of the water line alignment and the existing conditions to
formulate a "laundry list" of problems and their potential solutions to be
addressed in the design process.
2
SPECIAL SERVICES:
2.1 Proiect Inventory:
Certain field -survey tasks can be accomplished during the concept phase of the
project to expedite the overall schedule and support concept options. Other
survey tasks or the completion of those below must be delayed until a final
alignment and has been chosen.
Perform field surveys to locate existing right-of-way on the ground.
Engineer agrees to develop a Preliminary Design based on an agreed alignment for
$11,500.00 for review by City staff, City Council and other affected parties, prior to
commencement of Final Design, as more particularly described below.
BASIC SERVICES:
2.1 Mapping & Surveys
See Special Services
2.2 Preliminary Water Line Design
2.3 Utility Conflict Plan
2.4 Quality Assurance/Quality Control
2.5 Cost Estimates and Bidding Analysis
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.
3
2.6 Plan Coordination
The preliminary plans will be reviewed with City staff and GCISD and, to the
extent appropriate, the affected property owners along the water line so that final
design can begin with maximum concurrence and all necessary input.
SPECIAL SERVICES:
2.1 Mapping & Surveys
Completion of topographic mapping, including additional on -the -ground data
needed for final design such as cross-sections.
Right-of-way research and data gathering based on the selected alignment.
Commencement of boundary survey work necessary for easement documents
and acquisition.
III
FINAL DESIGN/PLAN PREPARATION
Engineer agrees to prepare final construction plans, details, specifications, bidding
documents and special provisions as required for $15,300.00 to include design of the
20" water line for the full extent of the project including those areas outside the public
right-of-way which may be directly affected by the proposed improvements 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.
0
BASIC SERVICES:
3.1 Construction Plans
Construction Plans shall consist of the plan and profile sheets and details for the
proposed water line.
A Construction Phasing and Traffic Routing Plan shall be included in the Final
Construction Plans.
3.2 Easement Documents
See Special Services
3.3 Bidding Documents, Specifications
Bidding Documents, Specifications and Special Provisions of Contract including
Engineer's Final estimate, Quantity Takeoffs and Construction Schedule.
Submittals required for final submission:
20 Sets of Bluelines (22" x 34") of complete construction plans
20 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, preferably, or
3Y2" (1.44 mb) Floppy Disks utilizing the *.DWG format for use with
AutoCAD Release 14.
3.4 Master Utilities Plans and Profile
See Special Services
3.5 Quality Assurance/Quality Control
5
3.6 Coordination/Submittal Milestones
3.7 Permits and Approvals
Basic Services will include all necessary coordination of the final design with the
City, GCISD, Utility companies 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 QA/QC program throughout the plan preparation process.
SPECIAL SERVICES:
3.1 Easement Documents
Completion of Boundary survey work necessary for easement documents of
sufficient detail for appraisal and acquisition.
All easements to be acquired shall be clearly dimensioned with the area to be
acquired and that area remaining, indicated in square feet and acres. Property
lines shall be referenced to the project centerline. Dimensions from proposed
right-of-way lines to all improvements, existing structures or houses shall be
indicated.
Preparation of field notes shall be by a Registered Public Surveyor suitable for
inclusion in utility easements which will be prepared by the City's legal counsel.
Preparation of easement exhibits for the purposes of public presentations and
meetings with individual landowners.
Furnish the City the original and six full size copies of the easement plans, six
half scale copies along with the half scale sepia of the easement plans, and the
original and two copies of the deed descriptions along with the original and three
copies of 8Y2" x 14" plats.
A
r.'U K,
....... .. ... . .
3.2 Master Utilities Plan and Profile
A separate set of record plans showing the relationship of all public and
franchised utilities along the water line route will be prepared if requested by the
City, (Not included in Fee Estimate at this time.)
All improvements shall meet or exceed current City of Grapevine design criteria.
IV
CONSTRUCTION
A. ADVERTISE, BID AND AWARD (Construction Phase Services)
BASIC SERVICES:
4.1 Advertise and Coordinate Bid Process
Preparation of materials for advertisement of the project for bidding, organization
and execution of a pre-bid conference, distribution of addenda and response to
bidders inquiries.
4.2 Receive, Tabulate and Evaluate Bids
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.
B. CONSTRUCTION (Construction Phase Services)
BASIC SERVICES:
4.1 Construction Administration
The Engineer will provide general administration services during construction
which will include the following:
7
F . Make periodic visits to the site (as distinguished from the continuous services of
a resident Project Representative) to observe the progress and quality of the
executed work to determine, in general, if the work is proceeding in accordance
with the Contract Documents. Prepare a report for each site visit to note
progress and conditions observed. 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.
Consult and advise with the City, issue instructions to the contractor requested
by the City, and prepare and issue routine change orders with City'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 contact documents.
Obtain and review monthly and final estimates for payments to contractors and
furnish to the City any recommended payments to contractors. Assemble written
guarantees which are required by the Contract Documents.
4.2 Construction Stakinq
See Special Services
4.3 Final Inspection
The Engineer will conduct, in company with the City, a final inspection of the
Project for compliance with the Contract Documents, and submit
recommendations concerning the City's acceptance of the Project and final
payment to the Contractors.
4.4 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:
1 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, preferably, or
3Y2" (1.44 mb) Floppy Disks utilizing the *.DWG format for use with
AutoCAD Release 14.
Record Drawings shall be delivered to the City within 60 calendar days of the
Final Acceptance of the project.
SPECIAL SERVICES.:
4.1 Construction Staking
(a) Basic Control
Engineer will provide vertical and horizontal construction control staking by
establishing a minimum of 2 benchmarks for the project and setting all points of
geometric change on the proposed pipeline for use by the construction
contractor. This will also include staking the alignment of the pipeline with off -set
stakes at 100 foot intervals.
(b) Construction Staking
It is our understanding that actual construction staking will be performed by the
contractor based on the construction plans and control 4.1(a) set I by the
Engineer. However, should more detailed staking be required by the engineer
0
such as that for grading the pipeline, such staking may be performed under
separate agreement.
im
Engineer agrees to complete and submit all work required by City under FIELD
SURVEY WORK and CONCEPTUAL/PRELIMINARY DESIGN within 45 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 45
days 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.
01
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 Concept and Preliminary Phases and Basic
Construction Phases Services, except that work described under Section
VI.B.6.1. below.
6.2 The basis for compensation shall be Lump Sum. The total maximum BASIC
ENGINEERING SERVICES FEE shall be Thirty One Thousand, Eight Hundred
($31,800.00).
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 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.
6A No items of work shall be included in the Basic Engineering Services Fee for
compensation except those items described in Section II.,
CONCEPTUAL/PRELIMINARY DESIGN, 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
11
surveys necessary for the design of this project including establishment of
existing right-of-way and easements and preparation of documents for proposed
right-of-way and easement acquisition and for soil investigations (if soil
investigations are required under Section 1.). 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 $16,950.00
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 follows:
Element Cost
On the Ground Topography/Utility $2,000.00
Locations/Natural Ground Profile 1,500.00
Boundary work for Easement 7,500.00
acquisition, including field work
and deed research andEasement Documents
Horizontal and Vertical Control and 2,750.00
Monumentation
Geotechnical Report 3,200.00
TOTAL: $16,950.00
im
P-13
0
P.14
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, CONCEPTUALIPRELIM I NARY DESIGN; Section III, FINAL
DESIGN/PLAN PREPARATION, Section IV, CONSTRUCTION; and Section VI, SPECIAL
SERVICES FEES of this contract.
-1:4 1 z Lei a :11A
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 Forty Eight Thousand, Seven Hundred Fifty ($48,750,00).
Vill.
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, without
restriction on future use. Engineer may make copies of any and all plans, cross
sections, field notes, and related documents for his files.
Vill
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.
18
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 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
as
benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
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
Employers' Liability
Statutory
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,
xcu, premises/operations, and independent contractors.
15
a3
9.5
Bodily Injury $ 1,000,000 per occurrence
Property Damage $ 2,000,000 aggregate
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
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.
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.
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. Before the end of a thirty (30)
W.
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.
F -VI
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.
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ASSIGNMENT
This Contract shall be deemed personal to Engineer and in no event shall be sublet or
assigned without written approval of City.
iWA
X111
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.
x1v
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.
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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.
ir:
XVI
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.
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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:
19
EXECUTED this the day of 19 _, the CITY OF GRAPEVINE
signing by and through the City Manager, I
adopted by City Council on and
authorized officials.
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I signing
by
and through
its
has caused this instrument to
be
executed by its
duly
CITY OF GRAPEVINE
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
F:\WORD\Grapevine\Revised.engineer.con.wpd
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