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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Baird,
Hampton & Brown, Inc. (the "ENGINEER"), for a PROJECT generally described as: Park
Road/Parking and Drainage Improvements at Trinity Park
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
ierms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work perFormed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension �- ser��ces; the 3
ENGINEER shall have no liability to CITY for delays or dama eS�;��us�d the \;.'��
CITY because of such suspension of services. ;; �'; �
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants perForming the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurFace investigations in connection with design and engineering
work to be perFormed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT
described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their o�ligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the e�ent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being perFormed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perForm the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and perFormance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1} The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
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conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
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after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined :
as autos owned, hired and non-owned when said vehicle is used in the
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course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
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Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(fl Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
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The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
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H.
(1)
(2)
Contractor Claims and Third-Party Beneficiaries
The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4)
I�
(1)
Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
CITY's Insurance
The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
(3)
J.
K.
insurance.
The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
Changes
The CITY may make or approve changes within the general Scope of Services
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in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
STANDARD ENGINEERING AGREEMENT (REV 10l06/05)
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c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGfNEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
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The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perFormance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question befinreen the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
; _
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) ' � �
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regulation, whether it be by itself or its employees.
Article vzz
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
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Executed this the � ay of � , 2007.
ATTEST:
CITY OF FORT WORTH
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Marty Hendri Libby Watson
City Secretary Assistant City Manager
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D LEGALITY
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 15
APPROVAL RECOMMENDED
Melody Mitchell, Acting Director
Parks and Community Services
Department
Baird, Hampto , Inc.
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STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 15 of 15
ATTACHMENT A
Professional Engineering & Surveying Services
for
TRINITY PARK ROAD / PARKING & EROSION IMPROVEMENTS
by
Baird, Hampton 8� Brown
Following our review of the Request For Proposal, a site visit, and coordination with PACSD
representatives, we believe the existing park roads asphaltic pavements may be rehabilitated without
reconstructing all of the existing concrete curb and gutters. We anticipate pulverizing the existing asphaltic
pavement, mixing it with the underlying materials, stabilizing it with cement, shaping and compacting it as a
subgrade, and then placing a single lift of hot mix asphaltic concrete surface course.
This approach to pavement rehabilitation is consistent with previous successful maintenance projects
completed by the City of Fort Worth. However, this resulting pavement section does not conform to the
City's recently adopted Pavement Design Manual. To proceed with this less expensive pavement
rehabilitation approach, we request confirmation that this is acceptable.
The existing parking lots, identified within PACSD Request For Proposal, exhibit distressed pavements,
grading, drainage, erosion, and accessibility issues. To address these numerous concerns, we anticipate a
more wholesale reconstruction of the parking areas.
We propose to provide the required professional engineering and surveying services to design and assist
with contractor solicitation, as described in Exhibits A-1 Consultant Agreement and A-2 Supplemental Scope
of Services, to rehabilitate the existing asphaltic roadways and parking lots pavements and address erosion
problems, as identified in Exhibit A-3 Project Location and Limit of Paving and Erosion Improvements.
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
ATTACKMENT A
SUPPLEMENTAL SCOPE OF SERVICES
DESIGN SERViCES: PAViNG ANDIOR DRAIN�►GE IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for paving and/or storm drain
improvements for the following:
TRINITY PARK ROAD / PARKING & EROSION IMPROVEMENTS
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A— PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off meeting, (including the CITY's Department of
Engineering and other departments that are impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, City Master plans, CITY drainage
EA2-1
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complaint files, existing applicable drainage studies and property ownership as
available from the Tax Assessor's office.
c. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City, TxDOT and railroads. These entities shall also
be contacted if applicable, to determine plans for any proposed facilities or
adjustment to existing facilities within the project limits. The information obtained
shall be shown on the concept plans. The ENGINEER shall show the location of
the proposed utility lines, existing utility lines and any adjustments and/or relocation
of the existing lines within the project limits. ENGINEER shall complete ail forms
necessary for City to obtain permit letters from TxDOT and railroads and submit
such forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
2. Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress reports as required under Attachment B of the contract.
PART B- CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
a. S�rveys for Design
1. ENGINEER will perForm field surveys to coilect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, and other
features relevant to the finai plan sheets. Existing drainage at intersections wili
be verified by field surveys. Spot elevations will be shown on intersection
layouts with cross slope to fit intersecting grade lines.
EA2-2
Rev 11102/05
4
2. ENGINEER will provide the follovNing information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
provided in a digital format compatible with the electronic data collection
and computer aided design and drafting soffware currently in use by the
DEpartment of Engineering. All text data such as plan and profile, legal
descriptions, coordinate files, cut sheets, etc., shall be provided in the
American Standard Code for Information Interchange (ASCII) format, and
all drawing files shall be provided in Autocad (DWG or DXF) format, or as
otherwise approved in writing by the CITY, and all data collected and
generated during the course of the project shall become the property of the
CITY.
The minimum survey information to be provided on the plans shall include
the following:
1. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
2. The following information about each Control Point;
a. Identified (Existing. City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
c. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
EA2-3
Rev 11IO2/05
E
4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
b. Public Notification and PersonnelNehicle Identification
1. Prior to conducting design survey, ENGINEER will notify
affected residents of the project in writing. The notification
letter shall be on company letterhead and shall include the
following: project name limits DOE project No., Consultant's
Project Manager and phone no., scope of survey work and
design survey schedule. The letter will be reviewed and
approved by the City prior to distribution.
2. When conducting site visits to the project location, the
ENGINEER or any of its sub-consultants shall carry readily
visible information identifying the name of the company and
the company representative. All company vehicles shall also
be readily identifiable.
c. Drainage Computations
ENGINEER will review and document the storm water watershed
drainage runoff area and existing street, right-of-way and storm
sewer capacities for the subject site. A drainage area map will be
drawn at 1" = 200' scale from available contour maps.
Calculations regarding streef and right-of-way capacities and
design discharges (5-year and 100-year frequencies) at selected
critical locations will be provided. Capacities of existing sform
drain will be calculated and shown. The ENGINEER's
responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with City
standards.
d. Conceptual Engineering Plan Submittal
EA2-4
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�
a. Conceptual pians shall be submitted to Ciiy 30 days after
Notice to Proceed Letter is issued.
b. The ENGINEER shall furnish four (4) copies of the Phase 1
concept engineering plans which include layouts, preliminary
right-of-way needs and cost estimates for the ENGINEER's
recommended plan. The ENGINEER shall also evaluate the
phasing of the water, sanitary sewer, street and drainage work,
and shail submit such evaluation in writing to the City as a part
of the concept phase of the project.
2. Preliminary Engineering
Upon approval of Part B, Paragraph IV, ENGfNEER will prepare construction plans as
follows:
a. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent with Part
A, Paragraph 1.b. for proposed condition.
b. Preliminary project plans and profile sheets which will show the following
and shall be on 22" x 34" sheets:
Property Ownership
Curb Lines
Driveways
Medians (if applicable)
Sidewalks
Existing and proposed water and sanitary sewer mains.
c. Proposed roadway profile grades and elevations along each curb line;
elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve
information; and pertinent AASHTO calculations. Profiles for existing curbs
(if any) and existing ground at the left and right-of-way lines shall be shown.
Existing found property corners (e.g. Iron pins) , along the existing right-of-
way shall be shown on the plans. Profiles for existing and proposed storm
EA2-5
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drain mains and leads shall be provided.
d. Existing utilities and utility easements will be shown on the roadway plan
and profile sheets. ENGINEER will coordinate with utility companies and
the City of Fort Worth to ascertain what, if any, future improvements are
planned that may impact the project.
e. Preliminary roadway cross-sections will be developed, from the survey
notes, at intervals not-to-exceed 50 foot along the project length and will
extend 10' past the right of way line on both sides of the street. Additional
cross-sections at important features inciuding driveways, p.i.'s of
intersecting streets, (minimum distance of 100' along cross-street at each
P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline
of d� iveways will also be provided where necessary. Scale will be 1" = 10'
horizontal and 1" = 2' vertical.
f. Street and intersection layouts.
g. Proposed plan/profile sheets will conform to City of Fort Worth construction
legend. Adequate horizontal and vertical control shall be provided on the
plan sheets to locate all proposed and existing facilities. Legal descriptions
(Lot Nos., Block Nos., and Addition Names) along with property ownership
shall be provided on the plan view.
h. Furnish as a function of final plans, six (6) copies of the final cross-sections
on 22" x 34" sheets. Information on these sheets will include centerline
station, profile grades and centerline elevations, roadway section (existing
and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" _
2' vertical with cross sections plotted with stationing from the bottom of the
sheet, and will include laterals and inlets. CITY policy with regard to parking
design shall be maintained. Excavation and embankment volumes and end
area computations shall also be provided.
I. Right-of-Way Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing
EA2-6
Rev 11102I05
alignments is probable. Temporary and permanent easements will be
appropriated based on available information and recommendations will be
made for approval by the City.
j. Right-of-waylEasement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-entry
will be in conformance with "Submittal of Information to Real Property
Division for Acquisition of Propert�i'.
k. Utility Clearance Phase
The ENGINEER will consult with .the City's Transportation and Public
Works Department, Water Department, Department of Engineering, and
other CITY departments, public utilities, private utilities, private utilities
and government agencies to determine the approximate location of
above and underground utilities, and other facilities that have an impact
or influence on the project. ENGINEER will design City facilities to avoid
or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans to the City's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
Preliminary Construction Plan Submittal
Preliminary construction plans and specificaiions shall be submitted
to CITY 45 days after approval of Part B, Paragraph iv.
ii. The ENGINEER shall deliver two (2) sets of preliminary
construction plans and two (2) specifications to CITY for review.
Generally, plan sheets shall be organized as follows:
Cover Sheet
General Layout and Legend Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
EA2-7
Rev 11/02105
Standard Construction Details
Special Details (If applicable)
iii. Preliminary estimate shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. Engineer
shall assist City in selecting the feasible and or economical
solutions to be pursued.
m. Review Meetings with Ciiy
The ENGINEER shall meet with CITY to discuss review comments for
preliminary submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
3. Final Construcfion Plan Submittal
a. Final Construction Documents shall be submitted to CITY 30 days after
approval of Part B, Paragraph 2(b).
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans and specifications and contract
documents to CITY (each plan sheet shall be stamped, dated, and signed
by tne ENGINEER registered in State of Texas) and submit two (2) sets of
plans and construction contract documents within 15 days of CITY`s final
approval. Plan sets shall be used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
EA2-6
Rev 11102lOS
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The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
c. Mylar Submittals
The ENGINEER shall submit a final set of mylar drawings for record
storage as follows:
1. Street and storm drain pians shall be submitted as one set
of plans. Street and storm drain plans shafl be separate
from water and sanitary sewer plans. All sheets shall be
standard size (22" x 34") with all project numbers
prominently displayed.
2. Signed plans sets shail also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file. Each PDF
file shall contain ali associated sheets of the particular plan
set. Sinqular PDF files for each sheet of a plan set will not
be accepted. PDF files shall conform to naming
conventions as follows:
PDF files shall be submitted on one (1) Compact Disk, which will become
property of and remain with the City of Fort Worth. Floppy disks, zip disks,
e-mail flash media will not be accepted.
4. For information on the proper manner to submit PDF files
and to obtain a file number for the project, contact the
Department of Engineeting Vault at telephone number (817}
392-8426. File numbers will not be issued to a project
unless the DOE number and proper fund codes have been
assigned and are in the Department of Engineering
database.
EA2-9
Rev 11/02105
PART C - PRE-CONSTRUCTION ASSISTANCE
Administration
a. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by
the CITY, up to fifty (50) sets of the final approved and dated plans
and specifications and contract documents for the projects to the
CITY for distribution to potential bidders. Proposal will be provided
in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including
preparation and delivery of any additional addenda prior to bid
opening to plan holders and respond to questions submitted to
DOE by prospective bidders. Engineer shall attend the scheduled
pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness
and accuracy. The City shall develop the bid tabulations in hard
copy and electronic format within three (3) working days after bid
openings.
c. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for
the project. The ENGINEER shall also consult with and advise the
CITY on design and/or construction changes, if necessary.
EA2-10
Rev 11/02/05
ATTACAMENT A
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�eP s�`�,� a2 / u%-::%�����%�: Project Limits
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city of Fort wortn DRAWN BY: RJL EXNIBIT:
CC� II o� Baird, Hampton & Brown, Inc. Parks and Community Services CHECKED Br: Ks
C� 0� Engineering 8c Surveying
6300 Ridgleo Ploce, Suite 700 Ft. Worth, TX 76116 Department BHB PROJECT: 20D6.722.000
Tel:(817)338-1277 Fax:(817)251-8810 Trinity Park DATE: Decem6er 2006
E—A{ail:mail�bhbinc.com
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ATTACHMENT B
Said services will be provided as follows:
Compensation
A. The Engineer shall be compensated a total lump sum fee of 80 864 as summarized
below. Payment of the total lump sum fee shall be considered full compensation of the
services described in Exhibit A-1 thru A-5, for all labor materials, supplies and equipment
necessary to complete the project.
B. The Engineer shall be paid monthly. Each invoice is to be verified as to its accuracy and
compliance with the terms of this contract by an officer of the Engineer.
Schedule
Design Services for this project shall be completed within 105 working days after issuance of a
"Notice to Proceed" from the City of Fort Worth PACSD. Refer to Exhibit A-5.
Conceptual Engineering Plans - 30
Preliminary Engineering and Contract Documents - 45
Final Engineering Plans and Contract Documents - 30
Corrected Bid Documents for Advertisement - 15
III. Hourly Rate Schedule
Employee Classification
Principal (PE or RPLS)
Project Manager (PE)
Senior Engineer (PE)
Engineer (EIT/PE)
CAD/Drafting
Rate Emplovee Classification Rate
$160/Hr, Surveyor (RPLS) $100/Hr
$135/Hr, Survey Technician $75/Hr
$120/Hr, Robotics Survey Crew $95-$110/Hr
$85-$100/Hr, GPS Survey Crew $120-$150/Hr
$60/Hr, Clerical $50/Hr
All direct expenses and reproduction costs shall be charged at current commercial rates and
invoiced at cost plus ten (10%) percent. Sub-consultant work will also be invoiced at cost plus ten
(10%) percent.
IV. Professional Engineering & Surveying Services Fee Summary
Consultinq Firm Prime Responsibilitx Amount Percent
Prime Consultant Engineering & Project o
Baird, Hampton, & Brown Mana ement $64,673 80.0 /o
Prime Consultant Surveying $8,500 10.5%
Baird, Ham ton & Brown
M/WBE Consultants Reproduction $5,726 7.1%
Trevino & Associates
M/WBE Consultants ADA / TAS Review & $1,965 2.4%
Accessolo Ins ections
Non M/WBE Consultants Not Applicable $_ 0_ 0%
None
Total for Professional Services $80,864 100%
Total Fee M/WBE Fee Percent
$80,864 $7,691 9.5%
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
ATTACHMENT B
A. Basic Services:
Professional fees for Basic Services are determined per the procedures outlined in "A Manual of
Practice for Engaging the Services of a Consulting Engineer", published in 1982 by the
Consulting Engineers Council and the Texas Society of Professional Engineers. Proposed fees
are based upon Curve "A", which has been established for water distribution lines under 16"-
diameter and sanitary sewer collection lines under 24"-diameter. Curve "A" has also been
determined appropriate for roadway reconstruction projects; whereas Curve "B" is appropriate for
new roadway construction. The significant constraints (existing driveways, parkway
enhancements, intersecting streets, etc.) associated with a reconstruction projectjustify the use
of Curve "A" over Curve "B".
Conceptual Design, Plans & Specifications (& limited construction support services)
Construction Cost X ASCE Curve "A" X 85% _$767,000 X 7.9 % X 85% _$51,504
Attend Pre-Bid Conference $160/Hr X 2 Hrs
Attend Pre-Const. Conference $160/Hr X 2 Hrs
Site Meetings (3) During Construction $160/Hr X 6 Hrs
Attend Final Inspection $160/Hr X 2 Hrs
Total for Basic Engineering Services
B. Other Services:
Floodplain Development Permit
Prepare SW3P W/NOI & NOT
Prepare Monthly Progress Reports
$160/Hr X 4 Hrs
$100/Hr X 16 Hrs
$160/Hr X 4 Hrs
$100/Hr X 40 Hrs
$ 85/Hr X 16 Hrs
$160/Hr X 0.5 Hrs X 8
$100/Hr X 2 Hrs X 8
Administrative (10%) fee on M/WBE Firm
Total for Other Services
Total for Basic Engineering and Other Services
C. Surveying Services:
Topographic Surveys — Parking Lots & Eroded Culvert
$ 320
$ 320
$ 960
320
$ 1,920
$ 53,424
$ 640
1 600
$ 2,240
$ 640
$ 4,000
1 360
$ 6,000
$ 640
1 600
$ 2,240
769
$ 769
$ 11,249
$ 64,673
$ 8, 500
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
D. TDLR Submitall & Fee (by M/WBE) Consultation & Site Visit
Review & Inspection Fee
E. Printing & Reproduction (by M/WBE Firm)
Conceptual Design Report
4 Sets of Concept Report
Preliminary & Utility Clearance Plans
16 Sets of Constr. Plans
2 Sets of Specifications
Final Plans
4 Sets of Constr. Plans
2 Sets of Specifications
Bid Documents
50 Sets of Constr. Plans
50 Sets of Specifications
Final Plans for Reference
1 Set of Mylar Plans
4 Sets of Half Size Plans
PDF Files of Completed Plan
Total for Printing & Reproduction
10 Pg/Report X 4
15 Sht/Plan X 16
150 Pg/Spec X 2
15 Sht/Plan X 4
150 Pg/Spec X 2
15 Sht/Plan X 50
150Pg/Spec X 50
15 Sht/Plan X 1
15 ShbPlan X 4
15 Sht/Plan
ATTACHMENT B
$ 1,000
965
$ 1,965
$ 100
$ 718
$ 136
$ 180
$ 136
$ 1796
$ 2040
$ 338
$ 180
102
$ 5,726
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
City of Forf Worth, Texas
Mayor and Council Communication
.7:__ �. _ ._ _ _ , - - � � � f � �
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COUNCIL ACTION: Approved on 2/20/2007
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DATE: Tuesday, February 20, 2007
LOG NAME: 80TRINITYBHB REFERENCE NO.: '"*C-21980
SUBJECT:
Authorize the Execution of an Engineering Agreement with Baird, Hampton & Brown, Inc., for
Parking and Drainage Improvements at Trinity Park 1
� r., - - - , , _. , , , � �
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Baird�, H_,_ambton & Brown Inc., in the amount of $80,864.00 for the design and preparation of
construction documents for replacement of park roads and parking and rectify several erosion and drainage
problems at Trinity Park.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) Proposition One: Street and Storm Sewer Improvement
Projects allocated $5,050,000.00 for funding at 23 parking lot and road replacement projects in community
parks sites with $583,000.00 allocated for Trinity Park. In addition, $1,000,000.00 was allocated for funding
at six drainage and erosion control projects in community parks with $100,000.00 allocated for Trinity Park.
The scope of services include an assessment of Trinity Park roadway conditions and identification of priority
rehabilitation areas within available budget. Baird, Hampton & Brown, Inc., has proposed to perform the
design work and subsequent construction observation services for a lump sum of $80,864.00. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
Final construction documents for parking lot and erosion control development shall be completed and
submitted for City staff review no later than late June 2007. Construction is anticipated to begin in January
2008 with completion by May 2008.
M/WBE - Baird, Hampton & Brown, Inc., is in compliance with the City M/WBE Ordinance by committing to
10 percent M/WBE participation. The City's goal on this project is 8 percent.
Trinity Park is located in COUNCIL DISTRICT 9 and serves all citizens, therefore is listed as a CITY WIDE
project.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
Logname: 80TRINITYBHB Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
C200 531200 801360058330 $10,000.00
C200 531200 801370058330 $70,864.00
Submitted for City Manager's Office bv: Libby Watson (6183)
Originating Department Head: Melody Mitchell (Acting) (5704)
Additional Information Contact: Mike Ficke (5746)
Logname: 80TRINITYBHB Page 2 of 2