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HomeMy WebLinkAboutContract 35816CIiY SECRETARYr� (� COf�TRACT f�p. V��S G!TY OF FORT WORTH, TEXAS STANDARD AGRECiiIIIENT FOR ENGINEER!NG SERVICES This AGRE��/IENT is between the City of Fort Worth (ihe "CITY"), and Teague Nall & Perkins, Inc., (th� "ENGINEER"), for a PROJECT generally described a�: Storm il�'ater Ufiiity Project — Scott-Sunset �Jrainage Improvement� A!•Eicle I Scope of Service� A. The Scope of Services is set torth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. fnvoice and Payment (1) � he Engineer shall provide the Ciiy sufficient documentation to reasonably substantiate ihe 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 tha� portion so con�ested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion #hereof. No interest will accrue on any contested portion of the billing untii 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 of services, the ENGINEER shall have no liability to �ITX �clel.ays or damages caused the CITY because of such suspension of �er�ices :Y;1 1�, �;;,: � ; STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) ; �i J�; 'J��S�j �,� Page 1 of20 1 " ILj � ORIGINAL y.�� � �� l, � �, �:� c �iC�1,� � j� ���� !� �— � l Article IV Obligations of the E�gineer Amendments to Article iV, if any, are incluued ir Attac,hment C. A. General The ENGINEER will �erve as the CITY's professional engineering representati��e under fhis Agreement, providing profess�onal enginePriry- consultation and advice and furnishi�g customary services incidental fhereto. B. Standard of Care The standard of care ap�licable 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 oiherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurFace investigations, the actual characteristics ma�,r vary significantly befween s_uccessive test points and sample intervals and at locations other tnan 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 conditiors and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Grawings 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 2 of 20 E. Engineer's Personnel at Construction Site (1) ?'he presence or duties of the ENGifvEER's perso�?nPl at a constr!�ction site, whether as on-site representative� or otherwise, do not make the ENG1fvEER or its pers�nnel in any way responsible for those duties that belong to the CITY u�?ior the CITY's construction contractors or other er�ities, �nd uo not relieve the construction c�ntrac�ors or any other entity of their o�iigations, duties, and responsibilities, including, but not limited t�, all construction methods, means, techniques, sequences, arrd p;�ce�+ures necessary for coordinating and completing all portions of the �orstruction work in accordance with the Contract Documents and any health or safety precauticns required by such construction work. The ENG�iVEER anu ifs ,�ersonnel have no authority to exercise any control over any construction �ontractor or other entity or their employees in connection with their �v�rk or any health or safety precautions. (2) Excepf to the e�ent of specific site visits expressly detaiied 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 PROJEC i 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, �or 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 io keep the CITY informed of any deviation from the Contrd�t Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When profes�ional certification of performance er 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 cert�€ication to establish materials, systems or equipment and performance criteria to be required in the Contract Document�. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the curren# available informa#ion 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 3 of 20 conditions; time or quality of performance by third parties; quality, type, management, or direction of operafing personnel; a,nd other economic and o�erational factors that may materially affect the ultimate FROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, �inancial aspects, economic teasibility, or schedu�es will not vary fr�m the ENGINEER's opinions, analyses, projections, or estimates. �. Construction Progress Payments Reccmmendations by the ENGINEEfZ to the CITY for periodic construction progress payments to the canstruction c�ntractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation +hat the work has progressed to the point indicated. SG�h recommendations do not represent that continuous or detailed examinations have �een made by the ENGINEER to ascertain that the constraction 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 ii�e work, materiats, 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 befinreen 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 cf informa#i6n cor,-ipiled and furnished by others, and may not always represent the exact location, type of various compbnents, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any ercors er omissions in the information from others that is incorpoiated into the reccrd drawings. I. Minority a�d Woman Busiress Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordir�nce No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. E;-ngineer 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 4 of 20 J. Right to Audit (1) ENGINE�R agrees ihat the CITY shall, until the expiration of three (3) years after final payment un�er this �ontraci, haVe access fo and the right to examin� and phot�copy any directly pertinent books, documenis, papers and records of the ENGINEER involving transactions relat�n� ia this contract. ENGINEEF? agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate ana ap�iopriate work space in order to conduct_audits in cempliance with the provisions of this section. The ClTY 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 ±he subconsultant agrees that the CITY sha!!, until the expiration of three (3) years after fina� 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 adeq�ate 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. EivGIiVEER's Er�surance (1) fi�surance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage �# minimum limits t"at are to be in effect prior to co�►rencement of work on the PROJECT: Commercial General Liability $1,OOC,�00 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 5 of 20 A commercial business policy shail provide coverage on "�ny Auto", defined as autos owned, hired and non-owned when said �✓ehicle is used in the course of the PROJECT. Worker's Co!mpensati�r ��veraaE A: S a#utory limits Coverage B: Emp��yer's Liability $100,Ot�G each accident $500,000 disease - policy limit $100,��0-�isease - each employee Professional Liability $1,0OO,�C�O each cldim $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 shali be submitted to the City for each year following completion of the contract. (2) Certificates af 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, of�icials, 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 a�plicable policies �ocumented thereon. (c) Any faiiure on part of ths CITY to request required insurance doc�!mentation shall r�ot 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 20 (�} Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII i�i i�� current A.M. Best Key Rating Guide or have reasonably equivalent financial strer�th and soivency to the satisfa�ti9n of Risk Maragement. (fl Deductible lir �its, or self insured rEientions, affeczing ins�a,-�nce r�quire� herein shall bp accept�ale to the CITY �n its sole discreti�n; and, in lieu of traditional insurance, any alternative coverage maintained through insurance �ools or risk reiention groups must be als� approved. Dedicated finarrcial resources or letters of credit may also be acceptable to the City. (g) Applicable �olicies shall each be endorsed wifh a waiver-�f subrogatian in favor of the CITY as respecfs the PROJECT. (h) The City shall he entitled, upon its request and without incurri�g 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 sli�ll have no exelusions by endorsements unless :fhe CITY approves such exclusions in writing.i (j) For all lines of coverage underwritten on a claims-made basis, other than Professionaf 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 premiuris required by this agreement and all insurance required �n fhis section, with the exception of Professional Liability, shall be written on an occurrence basis. (I) Sub consultants and subcontractors to/of the ENG!NE�R shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the EN�INEER. When sub consultants/subcontra�tors maintain insurance coverage, ENGINEER shall provide �ITY 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) Page 7 of 20 M. Disclos�re The ENGINEER acknowledge� to the CITY that it has made full dis�losure in writing �f �ny �xisting conflicts of interest pr potential conflic±s of interest, including persanal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships v��fi" abut+ing propzrty cities. The ENGINEER =urther acknowledges that it wil! make disclos�!re in writing of any confficts of interes� #hat develop subsequent to the signing of-this contract and prior tc final paymei�t under the contract. N. Asbestos or Hazaraous Substances (1) If asbestos or hazardous substances in any form are encountered a� suspected, fihe ENGINEER will stop its own work in the ai�ected portions of the PRGJECT to permit testing and eval�ation. (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. Nowever, if design changes are required due to the changes in the permifting 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 th� CITI� 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 ary, 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 8 of 20 B. Access to Facilities and Property The CIT' will make iis facilities ac�ssible to the ENGINEER as require� ior the ENGINEER's performance of its seivices and will provide i�b�r and safety equipment as req�!ired by the ENGitiE�R for such access. The CIiY will perform, at no cost to the ENGINEER; suc� test� of e�uipment, rnachiirzry, pipelines, �nG other compon�nts of the CITY's facilities as may be require�+ ir. �onnection with ihe ENGINtER's services. The CITY wi!! be responsible for all acts of the �ITY's_person�el. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scop� of Services, the CITY will obtain, arrange, and pay for all advertise� � �ents for bids; permits and licenses required by local, state, or federal authorities; and land, edsements, rights-of-way, and access necessary for the ENGlNEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and otrer 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 tf�ie ENGINEER whenever CITY observes or becomes aware of any de�,�elopment that affects the scope or timing of the ENGINEER's ser�ices or of any defect in the work of the ENGINEER or construction cont;actors. 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 genera±ion, treatment, storage, or disposition of such materials. In consideration of the associa±ed 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. STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 9 of 20 G. Contractor Indemnification and Claims The CITY agrees to include in all construct��n contracts the provisions of Article iV.E. regarding the ENGINEER's Personnel at Constructi�n Site, and provisions providin j- contractor indemnification of the �ITY dnd the ENG�NEER for centractor's negligence. H. CQntractor Claims ar�d Third-Party Beneficiaries (1; The CITY agrees to include the following clause in ali contracts with construction contrac��rs and equipment or materials suppiiers: "Contractors, subcontractors and equipment and material� suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontrac�ors, for any claim arising out of, in connection with, or resuliing from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone �ther 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) Nothing contained in this section V.H. shall be construed as a waiver of any right the �ITY has to bring a claim against ENGINEER. I. CI�I('s Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY wil! ensure tha# Builders Risk/Installation insurance is maintained at the replacement co�# value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will spec;fy that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 20 requests such services of the ENGINEER, this AGREEMENT shali be amended or a separate agreement will be negotiated befinreen the _narties. K. Changes The CI i Y may make ar ?pprove changes within the gener�l Scoqe of Services in this AGREEMENT. If such changes affect the �NGINEER's cast of Qr time required for perFormance of the services, an equitable adjustment will be made through an amendrr�ent to this AGREEN�ENT with appropriate CITY approval. RI C�i�p V� Get�eral Legal Proyis�ons 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 o# any such instruments of service without the writter� permission of the ENGWEER will be at fhe CiiY's sole risk. The CITY shall own the final des�gns, drawi� �gs, specifications and documents. C. Force Maje�re The ENGINEER ;s not responsible for damages or delay in perFormance caused by acts of God, strikes, lockouts, acciden�s, 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) Page 11 of 20 (2) If this AGREEMENT is terminated for the convenience of the City, the ENGI�v�cR will be paid for termination expenses as follows: a.) Cost of reproduction of Nattial or complete studies, plans, specifications or other forms of ENGiiVEER'S work product; �.) Out-of-pockpt expense� for purchasing st�rage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time require�nents for the ER�GINEER'S personnel to document the wc�rk 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, th� ENGINEER will submit to the CITY an iter�iz�d statement oT all termination-expenses. The CI � Y'S approval will be obtaine_d_in writing prior to pr-oceed;ng 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 ENGINEER's compensation will be made. F. Indemnifecation (1) The ENGINEER agrees to indemnify and defend the CITY frcm any loss, cost, or expense claimed by third �ar+ies for property damage and bodiiy irrjury, inciuding death, caused solely by the negligence or wiiiful miscar�uct of the ENGINEER, its em�ioyees, officers, and su�contraciors in connection wifh the PRO�ECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identi�ed above for whom each is liable) is a cause of such damac�e �r injury, the loss, cost, or expense shall be shai ed between the FNGINEER and the CITY in proportion to their rel�tive degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. �ode, section 33.011(4j (Vernon Supplement 199�). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 12 of 20 H. Interpretation Limitations on liability ard indemnities ;n this AGREEMENT are busiress understandings betvvAen the parties and shali-apply to ail the different theories of re�overy, includinr� �reach of coniraci or ��a�ranty, tort including negligence, �trict or statutory liabilitj,�, or any other cause of action, except for willTul misconduct or gros�_ neglic�ence for limitations of iiabili"ty and sole negligence for indemnificatic�n. Pa�ies mean the C! i Y a�d the CNGINEER, and their officers, employees, agents, and subcontractors. i. Jurisdictior� The law of the State of Texas shal! govern the validity of this AGREEME._N_T, its inierNretation ard performar�ce, and any other claims related to it. i ne venue fer any litigation relatPd to this AGREEMENT sh�ii be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the C[TY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obliaation or duty of CITY or ENGIf�EER 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 wi#h the Construction Industry Arbitration Rules of the American Arbitration Association o� other applicable rules of the Assoc;ation then in effect. Any award rendered by the arbitrators les� than $50,000, exclusive of attorney's �ees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdic"tion, and will not �e s�;bject to appeal or moaificaticn excepi to the extent permitied by Sections 10 and '11 of the Federal Arbiiration A�t (9 U.S.C. Sections 10 and 11). (2) Any award gre�ter than $50,000, exclusive ofi attorney's fees, costs and expenses, may be litigated by either party or. a de novo basis. The award shall become final ninety (90) days from the date s�me is issued. If litigation is fifed by either party within said ninety (90) da;� �eriod, 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. STANDARD ENGINEERING AGREEMENT (REV 10/O6/05) Page 13 of 20 L. Observe and Comply ENGINEER shall at all times ob�ervP and comply with all federaf and State laws and regulations and wifh all City ordinar:;es and r�gulations which in ar;r way afiect this AGREENiENT and the work hereunder, and shall ob�e�ve and compiy with all orders, !aws ord�� �ances and re�ulations which may exist or may be enacteJ durir!g the term of this AGREEM�NT by governing bodies havirg jurisdiction or authority for such enactment. N� pl�a of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees #o defen�, indemnify and hold �arm{ess CITY and all of its off;cers, ag�nts and employees from and agdinst all claims or liability _�rising out of the violation of any such order, law, ordinance, or regulation, whether it b� by itself or its employees. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 20 Article vn Attachments; Schedule�, and Signatures This AGREENlENT, including it�- attachmer�ts and scheduies, constitutes the entire AGRE�f�IENT, supersedes all pr�or written or oral �rderstandings, a�d may only �e changed by a writ��n amendment executed �y both parties. The following attachments ana schedules ar� hereby made a part of-ihis AGREEMENT: Att?�hment A- Scope of Services Attachment B — Compensation Attachment C- Amendments to Standard Agreero�nt for Engineering Services Attachment D - Project Schedule Attachment E - Location Niap Executed this the ��ay of , 200�' ATTEST: Y ` Marty Hendrix City Secretary �'-,�_ �� _r_ co trac'� Autk�c�r�.a�tio� Dc"iLe APPROV D S TO ; %%'� Assistant Ci tt ney ATTEST: D LEGALITY STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 15 of 20 CITY OF FORT � RTH By: Marc A. Ott Assistant City Manager APPROVAL RECOMMENDED -y���� A. Douglas Rademaker, P.E. Director, Engineering Department �g �P Nall R Perkins, inc. ENGlNEE r By: NAME: Iy " ton, P E. TITLE: ��irP PrP�ic�Pnt f —$ � .,�'�����:, �Gi � � (� � u i 1 �J ,� ��' ',j � r, �� ,� !� ^ � M � ��,��� �'��!����' , . � � �y� r�:,�,�j��,,I qI���r} , I�] :�� �V1;�,: �1' u U� U 6G1�e Y k� ATTACHMENT "A" -,- ..- . -. - "Scope of Services set fort� herein can only be ,.modified by additions, clarificaiions, and/or deletions set forth in the supplemental Scope of Services. In, cases of conflict between the Supplemental Scope ot Services and the Gener?! Scope of Services, th.e Supplemental Scope of Services shall have precede-nce over the General Scope of Services. " ► :_� i) Preliminary Conference with City The tngineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessan� for the design of the proposed street, and storm drain and/or water and wastewater facili- ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnicallnvestigations The Engineer shall advise the City of test borings, and other subsurFace investigations that may be needed. In the event it is determined necessary to make oorings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid ror by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engine�r will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 16 of 20 61 alan Submittal Copies of the ariginal plans shail be provi�ied on reproducible r�ylar or approved plastic film sheets, or as o+herwise approved by the Depa�tment of Engineering and shall become the proper�y of the City. City may use such drawings in any manner it desires; provided, however th�t the Engineer shall not be liaf�le for the use of such drawings tor any �roject other than the project described 'nerein; and further provided, that the Errgineer shall not be liable for the consequpnces of any changes +hat are made to the drawings or changes that are made in the imnl�mentation of the drawings without the written approval of ty� Engineer. PHASE 1 �) Right-of-Way, Easement ar�ci Land Acquisition Needs The Engineer shall determine the rights-of-way, easement nee�ls for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptlons are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coor�lination The Engineer ��all coordinate with all utilities, including utilities �wnpd by the City, as to any �roposed utility lien� or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the prefiminary and final plans the location of the proposed utility lines, existing ut��ity lines, based on the information provided by the utility, and any adjus;rnents and/or relocatior cf the existing lines �nrithin the project limit�: The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 17 of 20 10) Conceptual Plans The Engineer shall �urnish four (4) copies of the Phase 1 concept engineering plans whicr includ�_ layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the- Engineer's recommended plan. For al! submittals, the Engineer �"a!! submit plans and documents for street/st�rm drain and water/wastewater facilities. The Engineer shall receive written approval of thp Phase 1 Plans from the City's project manager before proceedina with Phase 2. PHASE 2 11) Design Data The En�ineer shall provide desigr� data, repc,-ts, cross-sections, profiles, drainage calculations, and preliminary estimates ef probable construction cost. 12) Prefiminary C�nsiruction Plans aad Yechnical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and fer submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval �f the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5j copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate Ths Engineer shall furnish four (4) copies of detail�d estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plars ard Specir"ication Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by l�cal, state and national boards, bureaus and agencies. The Engineer shall receive wr6tten approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. STANDARD ENGINEERING AGREEMENT (REV 10l06/O5) Page 18 of 20 PH�4SE-4 16} Finai Approved Construction Plans The Engineer shall furnish 45 ��und copies of Phase 4 final approved construction plans and cortr�ct specifications. The a�proved plans and cortract s{�ecificatiens shall be used as authorize� by the City for use in obtaining bids, awarding contracts, and constructin� the p�=oject. 17) Bidding Assistance The Engineer shal! issue addenda as appr�priate to interpret,_ _clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptabilify of prospective constructors, subcont; ac#ors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer wil! a�+vise the owner as to the acceptability ofi �fte� nate materials and equipment prop�sed by the prospective constructors. 18) Recommendation of Award The Engineer shall assi�t in the tabulation and review of all bi�s received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or preposals and in assembling and awarding contracts for �onstruction, materials, equipment, and services. PHASE 5 20; Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Surv�y The Engineer shall be available to the City on matters co:�cerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting ef line and grade stakes and route inspection of ccnstruction will be perFormed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 19 of 20 23) �hop Drawing Review The Engineer shall review shop and erection drawings submitte�+ by t�e contractor for compliance v�ith design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 241 !-nstructions to Contractor The tngineer shall provide necessarY interpretations and clarifications of contract documents, review �hange orders and make recommenda�ions as to the acceptability of the work, at the request of the City. 2�) DifFering Site Conditions The Engineer shall prepare sKetches required to r�solve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare r�cord drawings from information submitted by fhe contractor. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 20 of 20 EXHlslT "A-1" SUPPL�MENTAL SCOPE OF SERVICE� (SI�PPLENlENT TO ATTACkMENT "A"� PROFESSIONAl� SERVw�ES: DRAINAGE STUDY FOR FUTURE STOF:M DRAIN IMPROVEMENTS CITY PROJECT Na. 00628 The following is a clarificati�n of the tasks that the �NGINEER will perForm under ATTACHMENT "A". Work under this attachment includes the preparation of a drainage study for the project area described below and sho�vr graphically on Attachment E: DRAINAGE STUDY FOR FUTURE STCRM DRAIN IMPROVEMENTS ASSOCIATED WITH SCOTT-SUNSET MASTER DRAINAGE PLAN CITY PROJECT NO. 00628 This project includes an assessment of existing local drainage conditions within the study area, identification of areas where improvements are needed, and a recommendation of up to two (2) alternative solutions to relieve flooding. For the purposes of this contract, the study limits shall be bounded on the north by White Settlement Road between the Fort Worth/Wesfinrorth Village City Limit and Jabbar Street. The West Fork of the Trinity River serves as the remaining project boundary. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A— Data Acquisition, Collection and Inventory The data collected for this project includes existing information possessed by CITY in the form of studies, maps, engineering construction plans, and digital fifes as well as information generated in the field specifically for this project. 1. Data Collection a. Obtain available topographic maps, zoning maps, land use maps, and thoroughfare plans within the study limits from CITY. ' b. Obtain "As-Built" plans for existing bridges, culverts, paving, grading and drainage construction within the study limits from CITY. EA1-1 oi/i9/o� Scope of Services c. Obtain digital copies of lates± ��ersions of digital ae�ia! topographic and photographic daia from CITY. d. If ne�es�ary for ihe project obtain effective LOMF and all documentation, inclu�ling hydrologic and hydraulic models, from-CITY for area immediately upstream of this project area. If information is unavailable €rom CITY, ENGIf�EER will request information from FEMA. 2. Field Work a. Perform two (2) engineering site visits to verify the study limits, delirPate subwatershed �oundaries, and identify hydraulic parameters inclu�ing existing flooding an� erosion problems, con�+ition of pipe outFalls, and petential structural improvement locations. b. Field surveys will be obtain�d as necessary for the project, including cross-sections as appropriate. If necessary, engineer will notify residents via mail outs to be approved by city. The mail out shall be on company letter head and shall include the following project name, limits, DOE project no., brief description of project, the consultant's project manager and phone no. PART B — Hydrologic Analysis This scope includes the tasks necessary to develop h�drologic models of the study areas. Study �ischarges will be obtained for a range of return events, assuming fully-de�eloped watershed conditions. Existing conditions hydroloqic models for contriputing watersheds for applicable projects are available in e�ther HEC-1 or HE-HMS format, eitner from �ITY or FEMA. Hydrologic Analysis a. When necessary, prepare a drainage area map of 1" = 200' scale from available contour maps. b. Delineate sub-watersheds as necessary to analyze existing drainage patterns within the study area, as well as to identify and define proposed improvements. c. Obtain hydrologic parameters for each subwatershed including precipitation data, time of concentration, and land use category. d. Create a fully developed hydrologic condition land use map based on aerial photography and the City's land use/zoning maps. EA1-2 O1/19/07 Scope of Services e. For applicaf�le projects, execute models to obtain, 10-, 5�-, 100- and 50G year return-Qvent discharges for use in LOMR submittals to FEMA. PART C — Hydraulic Analysis This scope inc!udes ±he tasks necessary to siz� drainage facilities ba�ed on fully developed watershed discharges, consistent with criteria in the City of Fort Worth Storm Water Manayement �esign Manual, March 2006 edition. 1. Existing Conditions Analysis a. PerForm initial hydraulic calculations based on site visits, previous documentation and information OWNER has obtained from residents to confirm location of existing drainage concerns and operation of existing storm drainage facilities, if any. 2. Recommended Improvements a. Develop a hydraulic model of closed system improvements for the study area. The City's two-foot topographic data will be used to generate grades for the system. The proposed improvements will include sizing and locating inlets, leads, laterals and storm sewer mains to carry design discharges to desired outfall locations. b. U� to two (2) improvement opticns will be sized based on coordination with City Staff. Conceptual cost opinions will be generatea for each option to assist in selection of improvement opti�� �: One improvement option wi�l be selected for final modeling. Recommended improvements may include water quality considerations to limit sediment transport through proposed improvements. c. Provide CI i Y with results of analysis in both digital and hard copy format. Up to three �3) concept and preliminary revisions sets will be prepared for OWNER review and comment in preparation of final exhibits, report and documen#s. Opinions of Probable Construction Cost will �e provided for the selected recommended improvement option. PART D —Project Development This scope includes coordination and communication procedures to be implemented between OWNER and ENGINEER in completion ofthis project. EA1-3 O1/19/07 Scope of Services 1. PrQJect Coorclination a. Conduct up to �our (4) project statuG- meetings with CITY. Meeting snall b� used to update CITY as to status of project and to determir.e �ITY pref�rence in re�ommended improvert�ent option. b. Conduct u�_to finro �2) site visits to prcject site with CITY, upon CITY request. c. In coordinatio❑ with �ITY, conduct one (1) public involvement meeting to supply project information, goals and schedule to the surrounding residential community. ENGINEER wifl prepare up to two (2) graphical exhibits for use in public presentations. d. Prepare monthly updates for CITY identifying what work was accomplished, what items are pencfing and what outstanding issues need immediate attention. 2. Repart Prepare written concept, preliminary and final reports detailing the assumptions made in ths study, the results of the investigation and the options of probable cost for recomm�nded improvements. The reports will contain results of computer models created in support of the study in both digital and hard copy format. EA1-4 O1/19/07 Scope of Services _4TTA�HMENT "B" COtVIPEN�ATION AND PAYMENT S�FiFDULE Drainag� S�udy fior Fature Storm Drain Improvements Ass�ciated With SCQTT-SUNSET MASTER L�RAINAGE PLAN CITY PROJECT NO. 00628 I. Compensation A. The ENGiNEER shall be compensated a total lump sum fee of $45,�49.00 as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered full compensatian for the services �escribed in Attachment "A" and Exhibit "A-1" for all labor materials, supplies, and equipment necessary to complete the project. All permitting, application, and similar project fees will be paid directly i�y the City. B. The Engineer shall be paid monthly as described in Exhibit "B-1 ", Section I— Method of Payment. C. Each invoice is to be verified as to its accuracy and compliance with the terms of this co�i�act by an officer of the Engineer. !!. Schedule (Working Days) — Refer t� Exhibit D fer a complete schedule. A. A CONCEPT report shall be submit#ed to the OWNER within 70 working days after the "Notice to Procee�+" letter is issued. B. A?RELIMINARY report shail be submitted to the OWNER within 30 working days after receipt of OWNER's comments regarding the DRAFT report. C. A FINAL report shall be �ssued within 15 working days after receipt of 01�/NER'� c�mments regarding the PRELIMINARY report. B-1 EXHIBIT "B-1" (SUPPL�IVlENT �� a►TTACHMEN� B� METFiO� OF RAYMENT Fngineer�ng Anaiysis_Service�_Ass�c6at�d With �COTT-SUNSET cl�AINACE M�►STER PLAN CITY PROJECT NO. 00�28 Method of Payment The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and reeords of account �f the �NGINEER, based on the ENGINEERS' estimate of the percentage of completion of the_ project, such statements to be verified as to accuracy and compliance of the project, such statements to be verified as to accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payment according to statements will be subject to certification by the Director of the Department of Eng�neering or his authorized representative that such work has been performed. The aggregate of such monthly par�ial fee payments shall not exceed the following: Until satisfaciory completion and submittal of the Concept Report, a sum not to exceed 30 percent of the total lump sum fee; Until satisfactory completion a�d submittal of the Preliminary Report, a sum not to exceed 6Q percent of the total lump sum fee; Until satisfactory completion and submiftal of the Final Report, a sum no_t to exceed 90 percent of the total lump sum fee; and The balance of fees, less pre��ious payments, shall be payable after approvaF of the report by the City. II. Progress Reports A. The ENGINEER shall submit to the �es�gnated representative of the Director of the Department of Engineering rronthly progress reports covering all phases of design in the format required by the City. B1-1 EXHiBIT '`B-2" HOURLY AND REIMBURSABLE RATE SCHEDULE SCOTT-SUNSET DF'cAINAGE MASTER FLAIV CITY PROJECT NO. 00628 Engineering / Technical From To Frirrcip�l $150 - $229 Per Hour Project Manager $1�5 - $15� Pe� Hour Senior Engineer $90 - $160 Per Hour Engineer $80 - $120 Fer Hour Landscape Arc �itzct / Planner $90 - $150 Per-Hour Designer $85 - $110 Per �our Senior Designer $ i00 - $130 Per Hour CAD Technician $60 - $85 Per Hour Se�ior CAD Technician $75 - $100 Per Hour IT Consultant $120 - $140 Per !-!our IT Technician $70 - $100 Per Hour Clerical $50 - $70 Per Hour Resident Project Representative $70 - $9Q Per Hour Surveying Survey Office Manager $145 - $155 R.P.L.S. $100 - $130 S.I.T. $70 - $90 Senior Survey Technician $70 - $90 Junior Survey Technician $60 - $75 2-Person Field Crew w/Equipment $100 3-Person Field Crew w/Equipment $110 4-Person Field Crew w/Equipment $135 1-Person G.P.S. Crew w/Equipment $1 i� 2-Person G.P.S. Creww/Equipment $�30 3-Person G.P.S. Crew w/cquipment $150 1-Person Robotic Crew w/Ec}uipment $90 2-Person Robotic Crew w/Equipment $110 Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $4.00/page 22"x34" and larger bond paper or veilum, B&W $6.00/page 22"x34" and larger bonc! paper or vellum, color $6.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.48/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. * Rates shown are for calendar year 2007 and are subject to change in subsequent years. 62-1 EXHIBIT "B-3A" (SUPPLEIIfiEMT TO ATTACHMENT �) SUMMAl�Y-�� TOTAL PROJECT FEES �raonage �tudy for Future Storrn Drain Improvements SCOTT-SUNSET MAST�R DRAINAGE PLAN ClTY PROJECT �1C. 00628 Consulting Firm Prime Responsihility Amoun� Percent Prime Consultant: Teague Nall and Perkins, Inc. M/WBE Sub Consultants: Gorrondona & Associates, Inc Total for Professional Services Engineering & Proj. Mgmt. $ 35,249 77.9% Surveying Services Note: Non-M/WBE Consultants — None. $ 10,000 22.1 % $ 45,249 100.0% Project Description Scope of Services Total Fee M/WBE Fee PercEnt Engineering Services Drainage Study $ 45,249 $ 10,000 22.1 % City's M/WBE Goal = 16.0% 63A-1 EXHIBIT "B-3B" (SUPPLEMENT �O ATTAC!-!MENT B) PRO�E�SIONQl� SERVICES FEE SUfVIMARY Drainar�e Study f�r Future S#�r� Drain improvements SCOTT-SUNSET MASTER DR�4ifVAG� �LAN CITY PROJECT NO. 00628 BASIC ENGINEERING DESIGN FEE: TIPW Tota! Engineering Services $ 32,585.00 Special Services (hourly as needed) $ - BASIC SERVICES TOTAL $ 32,585.00 ADDITIONAL SERVICES: T/PW Total Surveying Services $ 10,000.00 Additional Services Fee $ 2,664.00 Additional Services Total $ 12,�64.00 B3B-1 EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT Bj SUMMARY OF TOTAL FEE AND BREAKDOWiV QF DESIGN FEE Drainage Study for Future Storm n�ain Impro��pments S�OTT-SUNSET MASTER DRAINAGE PLQ►N CITY PROJECT NO. 00628 A. SUMMARY OF TOTAL FEC T/PW Total Basic Engineering Services $ 32,585.00 Additional Engineering Services $ 2,664.00 Engineering Subtotal $ 35,249.00 Surveying Services $ 10,000.00 Project Total $ 45,249.00 B. BREAKDOWN OF ENGINEERING FEES (LESS SURVEY FEES) 1. iotal T/PW Fee (less survev fee) Breakdown bv Concept Preliminary, and Final Report a. Conceptual (30%) _ (Engineering Subtotal) X (0.3) b. Preliminary (60%) _ (Engineering Subtotal) X (0.6) c. Final (10%) _ (Engineering Subtotal) X (0.1) B3B-2 _ $ 10,576.00 _ $ 21,149.00 _ $ 3, 524.00 $ 35,249.00 EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMEl�T B) FEES FQR SURVEYING �ERVICES Dra�nage Study for Futuve Storm Drain Improvements SCOT i=SUN�EY MASTER D�4INAGE PLAN CITY FROJECT �lQ� 00628 Surveying Services. Topographic Surveys (Roadway Typical Sections & Topo in Select Areas) Develop Property Base Map �nd Owner Database Develop Utility Base Map and Research City Utility Documents Survey Total 63C-1 _ $ 5,000.00 _ $ 3,000.00 _ $ 2,000.00 $ 10,000.00 EXHIBIT "B-3D" (SUPQLEMENi TO ATTACHMENT B) ADDITIONAL SERVICES Drainage Study for Fut!�re Storm Grain Improvements SCOTT-SUNSET MASTER DRAI��a►GE Pi.AN ClTY PROJECT NO. 6�628 Auditional Services: - Special Coordination with Property Owners - Monthly Progress Rsports (Electronic) - Printing / Reproduction - Administrative Fee (10%) on M/WBE Firms Additional Services Tota! B3D-1 = N/A _ $ 1, 000.00 _ $ 664.00 _ $ 1.000.00 $ 2,664.00 EXHIBIT "B-3E" (SUPPLEMENT TO ATT�CHMCNT B) PRIft;TING / REPRU�UCT!ON Drainage_�#udy �or Future �torm Crain im�rove!�?pnts SCOTT-SUNSET MASTER DRAINAGE P���4N CITY PFtOJECT NO. 00628 Printing/Reproduction Costs: Description No. Sets Sheets/Set CosUSheet Total Cost Scott-Sun�et Mounted Color Exhibits 1 2 $ 50.00 $ 100.00 Concept Report 4 30 $ 0.25 $ 30.00 Concept Color Exhibits (11x17) 4 10 $ 2.50 $ 10Q.00 Preliminary Report 4 .30 $ 0.25 $ 30.00 Preliminary Color Exhibits (11x17) 4 10 $ 2.50 $ 100.00 Final Report 6 30 $ 0.25 $ 45.00 Final Color Exhibits (11x17) 6 �0 $ 2.50 $ 150.00 Photocopies 1 150 $ 0.10 $ 15.00 Binding/Punching/Delivery 1 1 $ 94.00 $ 94.00 Total Printing/Reproduction $ 664.00 Note: Adclitional or interim reports requcsted by the City �hall be provided according to the Std. Rate Schedul� (Exhibit B-2) B 3 E-1 �XHIBIT "B-3F" (SllPPLEMENT TO ATTACHMENT B) PRE-CONSTRUCTION ASSISTANCE Engineering Design Services Asso�iated �E#h SCOTT-SUNSET-nnASTER DRAINAGE PLAN �!TY PR��fECT NO. 00�28 �re-Construction Assistance F�es NONE �COTT-SLNSET MASTER DRAINAGE PLAN �ITY PROJECT NO. 0�62L _ _ ti-�: r,°� �. � _ - -_ - :.�itiP 'ar� A � - Data C�li�ct�o� a. Obtain Maps (by Sub Consult�nt; b. Obtain As-Builfs from City �py Sub Consultant) c. Obtain digital topo � orthophotos d. Research and Review existing s'tudies e. Develop Project Base Map (95% by Sub Consultant1 Total $ Part A2 - Field �JVork a. Site V;sit b. Survevinq (by Sub Cons� Part B/C - Closed System Anal�rsis a. Generate Large Drair,age Areas from City Topo b. Site Visit to Confirm Sub-Watersheds c. Assign C-Values d. Calculation of Tc e. Set Up Existing Conditions StormCAD model f. Size Proposed System g. Determine Outfall Location h. Coardinate outfall w/ Trinity River (No CDC Coord.) i. Coordinate with Residents j. QA/QC StormCAD model k. Generate exhibits for Cc�cept, Preliminary and Final Reports alona with Public Meetinq Exhibits Total � $ Totai I $ art D1 - Project Management a. Billings b. Meetings with City (4 Project Status Meetings, 2 Site Meetings and 1 Public Meeting) Total $ t D2 - Report a. Cost Opinions/Prc b. Text and Assemb c. QA/QC (Report) ect Phasinq Plan Total $ Project Total Cost $ Exhibit B-3G � ' ez t {��:�c ��vs���=' 2r�.i:G;;:� �t 5's 2 2 2 5i5 9 990 7 16 3 3 23 40 10 11 4 18 46 17,900 8 32 4;490 24 39 16 8,690 NONE ATTACHMENT "C" CHANGES AND AMENCMlEI�.'-TS i O STANDARD ENGINEERING AGRE�MENT AN�J ATT�►CH�iiIENT A Drainage Study for Future Sterrn Drain Impreveme�ts i�►ssociated With SCOTT-SU�iSET DRAINAGE-MASTER PLAN CITY PROJECT NO. 00628 C-1 U N C I � y� -.i='-.-.-F r C .Y � � - � � C - @ _ � _` tp N `_!:_`-i Z � � ..' � .� m � - � == I�, � - �, �, _;;- t� n '' : � � _ ; __ (._._..,._.�... _. � � I CJ I I---- - -- - y I - - � : � � � � � N ' a� � � � ;C � o : � � � � :m � F— � a c*> v�n cD n oo , rn � �_ _._ _ Z— .___ _ W�n n �: � r� r � � � r� ti � � � r� � n � � C 0 0 0 0 0 0 0:o o:o 0 0 0 0 0 0 0 0:o i G, _� L � f`J .� :� M .� '.N :N .N N N :N ��:� � :� N :� d' :`f`1>M � = Gi Vl a O C: C r ._ -oD �T �� �O � O.� r � � C� N T � C � � � �'C �'C ' � �.i � ii. •c � g 'g �i '� � ii � ;� � � u ii 'ti �i ti ti ii Q �C !J. 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Ohon�:(Bf7)99Q-6779�P�x:(8f7)99E-2819 - www.tnp-anlln�.com CIX1NqL DIS1RlCT N0. XX MAPSCO N0. 6fA, 61B 2014-J92 2024-396 ZOJO-392 CITY OF FORT WORTH, TEXAS DRAINAGE ANALYSIS IBIT E-1 SHEET 1 OF 1 City of �ort Wort _h__; Texas -Nlayor and Council Co�nr�unica�ion C6UNC.�. ACTION: Approved or� 8/9/2007 - Ord. M�. 17686-08-2007 � DATE: Thursday, Augus� J9, 2007 LO� NAME: 30SCOTT00628 REFERENCE NO.: *''`C-22�4 SUBJECT: Authorize Executic�n of an Engineering Agreement with Teague Ndl{ and Perkins, Inc., for the Scott- Sunset Drainage Improvements (0062�) and Adopt Appropriation Ordinance .��:. ---� � � RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $52,040 from the Stcrm Water Utility Fund to the Storm Water Capitai Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Storm Water Capital Projects Fund in the amount of $52,040; and 3. Authorize the City Manager to execute an engineering agreement with Teague Nall & Perkins, Inc., in fhe amouni of $45,249 for the Scott-Sunset Drainage Improvements. DISCUSSIGN: The Storm Water Mana�ement �rogram was established to reduce floodi�g in Fort 1PJorth, prese�ve streams, minimize water pollution and to operate the storm water syst�m in a more effective manner to fully comply with state and federal regulatory requiremenis. These goals will be accomplished by infrastructure reconstruction and system main#enance, master planning, enh�nced development review, ard increased public education and outreach. The scope of this agreem�nt c�nsists of the preparation of a drainage study that will evaluate the existing storm drain system and provide recorrmenaations for the necessary improvements within the Scott-Sunset drainage area. Flooding has historically �ccurred in the area of the Scott-Sunset intersection. Teague Nall & Perkins, Inc., proposes to perform the necessary s±�dy work for a lump sum fee of $45,L49. City Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the cortract amount, $6,791 is required by #h� Engineering Department for project management. Teague Nall & Perkins, Inc., is in compliance with the City's M!WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on this project is 16 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 61X. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the Logname: 30SCOTT00628 Page 1 of 2 attached appropriation ordinance, funds will be available in tne current capital budget, as appropriated, of the Storm Water Capital Project� Fund. TO Fund/AccountlCen�ers 1&2)P228 472069 2072800628ZZ �P228 531350 207280062810 2)P228 531200 207280062816 2)P228 531350 207280062816 �P228 531350 207280062820 $52,040.00 $1.133.00 $45,249.00 4 525.00 1 133.00 FROM Fund/Account/Centers 11PE69 538070 0209206 �P228 531200 20-7280C�52816 Submitted for Lity Mana�er`�-Gffice bv: Marc Ott (8476) Origina#ing Department Nead: A. Douglas Rademaker (6157) Additional Informa#ion Contact: Dena Johnson (7866) Logname: 30SCOTT00628 $52 040.00 $45 249.00 Page 2 of 2