HomeMy WebLinkAboutItem 04 - Grapevine Links Trail ITEM
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER��'
MEETING DATE: SEPTEMBER 7, 2010
SUBJECT: CONSIDER AWARD OF AN ENGINEERING DESIGN
SERVICES CONTRACT WITH BW2 ENGINEERS, INC FOR
GRAPEVINE LINKS TRAIL
RECOMMENDATION:
Staff recommends the Council approve a contract with BW2 Engineering in the amount
of $79,730 for the design of the Grapevine Links Trail along State Highway 26 from the
Gaylord Texan Trail to the West Grapevine Mills Circle. A copy of the contract is
attached for review.
FUNDING SOURCE:
Funds are available in account 172-72115-8 - TIF I (excess funds for the City's match in
this project).
BACKGROUND:
When the initial call for projects came from TxDOT in March of 2006, staff had six weeks
to prepare a grant package and to get good estimates for the design and construction of
the trail. To do this, staff contacted BW2 Engineering as they had a good track record
with grant applications for hike and bike trails. BW2 Engineering also designed the hike
and bike trail along East Dove Loop Road, from Dooley Street to Ruth Wall Street. At
that time, the Grapevine Links Trail was rated the number one project in the Tarrant
County district by TxDOT. However, the funding was ultimately pulled for all projects by
TxDOT.
When the second call for projects came in October of 2009, the applications were due
on December 11, 2009. The Council approved a resolution to participate on
December 1, 2009. In order to get additional points in the grant scoring, staff put in the
application that the City would pay for the design of the trail and the environmental
assessment. Staff also committed that by the time grants were awarded, the schematic
design and environmental assessment would be completed to show that the City was
committed to the project. Staff contracted with BW2 Engineering to do the schematic
design and environmental assessment.
September 2,2010(10:25AM)
Request for Qualification invitations were sent to four prospective engineering firms. All
four firms responded and were interviewed by a staff panel. Using a scoring matrix from
TxDOT's interview process, interviews were held on August 25. The panel deliberated
at the end of the day and unanimously scored BW2 Engineering as the firm selected to
do the complete plans and specification documents for the Grapevine Links Trail.
On another note relating to the Links Trail, letters of support for the trail project were
sent to TxDot by the Gaylord Texan, Embassy Suites, Hilton DFW Lakes, Great Wolf
Lodge, Grapevine Mills Mall, Mad Duck Bike Shop and the North Texas Trail Runners.
The Council approved a resolution at the December 1, 2009 meeting authorizing and
directing staff to participate in a Statewide Transportation Enhancement Program
(STEP) Grant for the development of the Grapevine Links Trail connecting the trail at the
entrance of the Gaylord Texan Trail along SH 26 to the Hilton DFW Lakes. The City's
matching contribution in the estimated $1.5 million project is $406,200 which is 27% of
the total cost of the project.
The City Council also approved the Hike & Bike Trail Master Plan at the July 20, 2010
meeting. The Links Trail was one of the highest priorities in the master plan. The Links
Trail will be a 10' wide concrete trail and is approximately 1.3 miles long.
The City also has $400,000 in Federal funds for the development of additional trails
along State Highway 26. Staff will be working with staff at TxDOT to identify the limits of
this proposed trail and will be bringing back a recommendation to the Council at some
point in the future for the design to begin on this section of trail.
In closing, staff recommends the Council approve the contract with BW2 Engineering for
the design of the Grapevine Links Trail.
DE
September 2,2010(9:20AM)
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 BW2 Engineers, Inc., a
Texas corporation, whose local address is 1919 S. Shiloh Road, Suite 500, LB 27,
Garland,Texas 75042, 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 Engineerto prepare construction plans,
details, specifications and special provisions for The Grapevine Links Trail Connection,
from Gaylord Trail north to Grapevine Mills Blvd. South, in the City of Grapevine, Tarrant
County, Texas, and based on the Concept presented in the TxDot Transportation
Enhancement Application of 4-28-06, in accordance with the terms of this contract.
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FINAL DESIGN/PLAN PREPARATION
Engineer agrees to prepare final construction plans, details, specifications, bidding
documents and special provisions as required for the Grapevine Links Trail Connection
from Gaylord Trail north to Grapevine Mills Blvd. South to include design of a 10 foot wide
by 5" thick concrete trail, specifications and associated details and associated retaining
walls, localized drainage crossings, signage, striping and pedestrian railing, for the full
extent of the project (approximately 7,000-x/- LF within a 20' wide corridor) and to
coordinate with applicable public agencies for necessary approvals and with franchised
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utilities for necessary relocation of their facilities and to perform Basic Construction Phase
Services as more particularly described below.
A. BASIC SERVICES
1.1 Trail Design
Using the schematic plan previously prepared, 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. After review
of preliminary information, final trail plan and profiles will be generated. 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 immediate project limits will require revision to the scope and budget.
1.2 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.
1.3 Final Construction Plans
Construction Plans shall consist of the plan sheets and details for paving,drainage,
signage, traffic control plan, and related appurtenances thereto.
Cross-sections shall be spaced at a maximum of 100-foot intervals, drawn to show
all excavation or fill needed for construction of the project. Calculations for end
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areas and volumes of excavation and embankments (including shrinkage factors
used) shall be shown on the cross section sheets.
1.4 Plan Coordination
The preliminary plans will be reviewed with City staff, TxDot,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.
1.5 Right-Of-Way Documents
See Special Services
1.6 Bidding Documents Specifications
Bidding Documents, Specifications and Special Provisions of Contract including
Engineer's Final estimate of probable construction cost, Quantity Takeoffs and
Construction Schedule.
Submittals required for final submission:
6 Sets of blackline copies (22" x 34") of complete construction plans
10 Sets of Specification and Proposal Book
4 Sets of Half Scale complete construction plans
1 Set of Final Cross-sections (22" x 34", reproducible)
1 Set of the entire construction plans on standard CD, utilizing the *.DGN
format for use with microstation.
1.7 Quality Assurance/Quality Control & Engineers Statement of Probable Cost
The validity of the preliminary design approach will be subjected to the Engineer's
QA/QC procedures and the resulting plan analyzed for its conformance to the
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
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over the Contractor's method of pricing, and that the opinions of probable
construction costs provided herein are to be made on the basis of the Engineer's
qualifications and experience. The Engineer makes no warrant, expressed or
implied, as to the accuracy of such opinions as compared to bid or actual costs.
1.8 Coordination/Submittal Milestones
Final Design submittals shall include 60% and 90% submittals to the City of
Grapevine and TxDot.
1.9 Permits and Approvals
Basic Services will include necessary coordination of the final design with the City,
TxDOT, Utility companies, COE and affected property owners with a schedule of
submittals to be mutually decided upon with each party. All submittals will be the
result of an ongoing QA/QC program throughout the plan preparation process. All
applications for permits to allow construction on State Highway right-of-way will be
included.
B. SPECIAL SERVICES
2.1 Right-of-Way Documents
It is our understanding that all rights of ways and easements have been acquired for
this project.
2.2 Geotechnical investigation For Design
Geotechnical investigation for the full trail corridor with up to 2 borings to a typical
depth of 10 feet (additional depth may be required at bridge and below grade
crossing locations) and a written report of findings and recommendations.
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II
CONSTRUCTION
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A. BASIC SERVICES-ADVERTISE, BID AND AWARD
2.1 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.
2.2 Receive Tabulate and Evaluate Bids
City shall receive the Bids. BW2 Engineers, Inc. shall assist the City in tabulating
and evaluating the bids and make a recommendation to the City for award of a
construction contract.
2.3 Construction Plans
Provide the City with one reproducible copy of the construction plans for the City's
use during the construction phase.
B. BASIC SERVICES - CONSTRUCTION
2.1 Construction Administration
The Engineer will provide general administration services during construction which
will include the following:
Attend monthly or periodic progress meetings as requested by the City to provide
technical consultation and responses to requests for information by the contractor.
Prepare report for each progress meeting.
Consult and advise with the City and TxDot, issue instructions to the contractor
requested by the City or TxDot, and prepare and issue routine change orders with
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the City's and TXDot's approval.
Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill
test of material, equipment and other data which the contractor submits only as
required by construction 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.
2.2 Final Walk Throu h
The Engineer will conduct, in company with the City and TxDot, a final walk through
of the Project for general compliance with the Contract Documents, and submit
recommendations concerning the City's acceptance of the Project and final payment
to the Contractors.
2.3 Record Drawings
The Engineer will prepare Record Drawings reflecting and conforming to the final
field conditions and significant changes to the construction plans required during the
construction of the project. According to information received from the contractor,
the City Inspector, and the Engineer's staff, the Record Drawings shall be submitted
to the City Staff as follows:
Because these Record Drawings are based on unverified information provided by
other parties which will be assumed reliable, the Engineer cannot and does not
warrant their accuracy.
Provide one set of the entire construction plans on standard CD, utilizing the*.DWG
format for use with AutoCAD Release 14 and *.DGN format for use with
microstation. Record Drawings shall be delivered to the City within 60 calendar days
of the Final Acceptance of the project.
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III
TIME FOR COMPLETION
Engineer agrees to complete and submit all work required by City under FINAL
DESIGN/PLAN PREPARATION and all otherwork required underthe contract documents
will be completed within 150 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 the time-frame may be extended or suspended
due to delays in the right-of-way acquisition, reviews by agencies or franchised utilities,
work being completed by other parties which affect the overall project schedule 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 FINAL DESIGN/PLAN
PREPARATION is 150 calendar days_
IV
COMPENSATION: SPECIAL SERVICES, BASIC, AND TOTAL ENGINEERING FEE
A. BASIC ENGINEERING SERVICES FEE
4.1 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.
4.2 The basis for compensation shall be Lump Sum. The total maximum BASIC
ENGINEERING SERVICES FEE shall be Seventy Five Thousand, Seven Hundred
Thirty Dollars ($75,730).
4.3 BASIC ENGINEERING SERVICES FEE shall be paid as follows:
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(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 1V.A.4.2 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 ninety percent(90%)of the maximum
BASIC ENGINEERING SERVICES FEE. The remaining ten percent (10%) 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.
4.4 No items of work shall be included in the Basic Engineering Services Fee for
compensation except those items described in Section I, FINAL DESIGN/PLAN
PREPARATION, and Section IV A. BASIC ENGINEERING SERVICES FEE of this
Contract_
B. SPECIAL SERVICES FEE
4.1 The SPECIAL SERVICES FEE shall provide compensation to Engineer for
Geotechnical Investigations as needed for design of this project including soil
investigations. 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.
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4.2 The basis for compensation for the above shall be lump sum as follows: In no event
shall the maximum SPECIAL SERVICES FEE exceed Four Thousand Dollars
($4,000.00) regardless for the amount of work required, without written
authorization.
4.3 Payment for Special Services shall be on the basis of actual progress (percent
complete), invoiced monthly to the City.
4.4 For the purpose of budgeting,the separate major elements of Special Services are
estimated as follows:
Element Cost
Geotechnical Report $ 4,000
4.5 No items of work will be included in the SPECIAL SERVICES FEE for compensation
except those items described in Section I, FINAL DESIGN/PLAN PREPARATION;
Section 11, CONSTRUCTION; and Section IV B, SPECIAL SERVICES FEES of this
contract unless otherwise authorized by the City of Grapevine in writing.
C. TOTAL ENGINEERING FEE
The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and
the BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE for this
Contract shall not exceed Sevent y Nine Thousand Seven Hundred ThirtV Dollars
x$79,730.00) unless otherwise authorized by the City of Grapevine in writing.
V
OWNERSHIP OF DOCUMENTS
Upon acceptance and approval by City of Section l: FINAL DESIGN/PLAN
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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.
V1
ENGINEER'S LIABILITY
6.1 After acceptance of the final plans and special provisions by City, Engineer agrees,
prior to and during the construction of this project, to perform such engineering
services as may be required by City to correct errors or omissions on the original
plans prepared by Engineer and to change the original design as required by such
errors or omissions at no additional compensation, for those errors, be mutually
agreed between the parties,which are inconsistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under
similar circumstances.
6.2 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.
6.3 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,
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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 orother Documents prepared by Engineer, its
employees, associates, subcontractors, agents and consultants.
6.4 Engineer agrees to indemnify and hold City, its officers, agents and employees,
harmless against claims, lawsuits, judgments, costs and expenses including
reasonable attorney's fees and collection costs for personal injury(including death,
property damage or other harm for which recovery of damages is sought that may
arise out of or be occasioned by the intentional or negligent breach of any of the
terms or provisions of this Contract by Engineer, its officers, agents, associates,
employees or subconsultants, or by any other negligent act or omission of Engineer,
its officers, agents, associates, employees or subconsultants, in the performance of
this Contract; except that the indemnity provided for in this paragraph shall not apply
to any liability resulting from the sole negligence of City, its officers, agents,
employees or separate contractors, and in the event of joint and concurrent
negligence of both the Engineer and City, responsibility, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas,without, however,
waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity. Cost
Principals will be based on the provisions of 48CFR Chapter 1 Part 31 Federal
Acquisition Regulation (FAR 31).
VII
INSURANCE
Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum
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insurance during the term of this Contract:
7.1 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
7.2 Comprehensive General Liability This insurance shall be an occurrence type policy
written in comprehensive form and shall protect the engineer and his subcontractors
and the additional insureds against all claims arising from bodily injury sickness,
disease or death of any person other than the Engineer's employees or damage to
property of the City of Grapevine or others arising out of the act or omission of the
engineer or his subcontractor or their agents, employees, or subcontractors. This
policy shall also include protection against claims insured by usual personal injury
liability coverage, a (protective liability) endorsement to insure the contractual
liability, broad form property coverage, explosions, collaspes or underground
hazards, premises/operations, and independent contractors.
Bodily Injury $ 1,000,000 per occurrence
Property Damage $ 2,000,000 aggregate
7.3 This insurance shall be written in the comprehensive form and shall protect the City,
the Engineer and his subcontractors and the additional insured against all claims for
injuries to members of the public and damage to property of others arising from the
use of motor vehicles, and shall cover operation on and off the site of all motor
vehicles licensed for highway use, whether they are owned, non-owned, or hired.
The liability shall not be less than:
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Bodily Injury
Property Damage $ 1,000,000 Combined Single Limit
7.4 Professional Liabilit 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.
7.5 The cost of all insurance required herein to be secured and maintained by Engineer
shall be borne solely by Engineer, with certificates evidencing such minimum
coverage in force to be filed with the City. Such certificates shall provide that City
shall receive 30 days prior written notice of any cancellation, material change or
reduction in coverage.
VIII
CONTRACT TERMINATION
In connection with the work outlined in this Contract, it is agreed that the Director may
cancel or indefinitely suspend further work by written notice to Engineer with the
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. 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. 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
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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.
Ix
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.
X
ASSIGNMENT
This Contract shall be deemed personal to Engineer and in no event shall be sublet or
assigned without written approval of both parties.
XI
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.
XII
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
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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.
X1111
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.
XIV
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.
XV
NOTICES
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,
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Grapevine, Texas 76099. All written notices and correspondence from City to Engineer
shall be mailed or delivered to the Engineer as follows:
BW2 Engineers,_Inc._ --
1919 S. Shiloh Rd. #500
Garland, TX 75042
Attn: Jim Waldbauer, P.E.
EXECUTED this the day of , 2010, the CITY OF GRAPEVINE
signing by and through the City Manager, ,
adopted by City Council on and
signing by and through its
has caused this instrument to be executed by its duly authorized
officials.
CITY OF GRAPEVINE BW2 Engineers, Inc.
By: By:
City Manager Vice President
Bruno Rumbelow Jim Waldbauer. P.E.
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