HomeMy WebLinkAboutContract 35765 SECRETARYCITY ����
CITY OF FORT WORTH, TEXAS CONTRACT
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese &
Nichols,-Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility
Project— Meacham-Blvd. — Mark IV Drainage-Improvements
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
Terms 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 of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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 obligations,
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 extent 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.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
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
provision,,; 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 o ccopies 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
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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
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
$100,030 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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(e) Insurers for all policies must be authorized to do business in the State of
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.
(f) 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) They Cornmerciel General Ltak�li insurance policy t shall have rio
explGsipp .by:endorsemei is .unless the CITY sipproues such ezclrasion
�n�n riti
(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-
maide.
(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.
(1) 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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M. Disclosure
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.
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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,
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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.
H. Contractor Claims and Third-Party Beneficiaries
(1) 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."
(2) 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) 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.
I. CITY's Insurance
(1) 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
insurance.
(3) The CITY will specify 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)
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
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.
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(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;
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
ENGINEER'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.
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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
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 Ilitigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between 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 mediation 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.
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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 during the term of this AGREEMENT 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 regulation, whether it be by itself
or its employees.
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Article VI
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.
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D- Project Schedule
Attachment E- Location Map
Executed this the day ofa#�
20
ATTEST: CITY OF FORT TH
B l
Marty Hendrix arc A. Ott
Cis• Secretaryry Assistant City Manager
n
"J` APPROVAL RECOMMENDED
Co,^.t c'c Authorization Jel
Date . Douglas Rademaker, P.E.
Director, Engineering Department
APPR E A T ND LEGALITY
Assistant C& n nmay
v Freese & Nichols, Inc.
ENGINEER
ATTEST:
�, . By: l/
NAME: Robert-F. Pt-nr-p„ P-F.- RUF.
TITLE: Pres Gant
_ -.�• - n n T .�n
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) `J�-(E n
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ATTACHMENT"A"
General Scoff.Qf Services
"Scope of Services set forth .herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental
Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall
have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer 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 necessary
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) Geotechnical Investigations
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 borings 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 for 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 Engineer 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
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the
consequences of any changes that are made to the drawings or changes that are made in
the implementation of the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs 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
descriptions 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.
8) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility liens 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
preliminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustments and/or relocation of the
existing lines within the project limits. 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 Plains
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities. The
Engineer shall receive written approval of the Phase 1 Plans from the City's project manager
before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary-estimates of probable construction cost.
12) Preliminary Construction Plans and Technical 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 for
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
of 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 (5) copies of the final construction plans and contract
specifications for review by the City.
14) _Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) Plans and Specification 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 local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from
the City's project manager before proceeding with Phase 4.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 18 of 20
PHASE 4
16) Final Approved Construction Plans
The Engineer shah furnish 45 bound copies of Phase 4 final approved construction plans and
contract specifications. The approved plans and contract specifications shall be used as
authorized by ther City for use in obtaining bids, awarding contracts, and constructing the
project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of
prospective constructors, subcontractors, and suppliers. When substitution prior to the award
of contracts is allowed by the bidding documents, the Engineer-will advise the owner as to the
acceptability of alternate materials and equipment proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids 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 proposals and in assembling
and awarding contracts for construction, materials, equipment, and services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning 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 of line and grade stakes and route inspection of construction
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 10106/05)
Page 19 of 20
23) Shop Drawing Review_
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of the
work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
STANDARD ENGINEERING AGREEMENT(REV 10106/05)
Page 20 of 20
EXHIBIT "A-1"
(SUPPLEMENTAL SCOPE OF SERVICES)
PROFEESIONAL SERVICES: HYDROLOGIC AND HYDRAULIC ANALYSES-FOR
FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM BOULEVARD AT MARK
IV PARKWAY
CITY PROJECT NO. 00666
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT "A". Work under this attachment includes the preparation of a drainage
study for the project area described below and shown graphically on Attachment E-1.
The study area shown on Attachment E-1 includes an existing open channel that is
an unnamed tributary of Little Fossil Creek (LFC). The study limits extend from the
channel confluence with LFC upstream to the intersection of Mark IV Parkway and
Meacham Boulevard:
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
A. Perform hydrologic modeling of the contributing watershed to determine peak
runoff generated at key design points during the design storms (1-percent, 10-
percent and 50-percent chance events).
B. Perform hydraulic modeling of the open channel and roadway crossing at
Meacham Boulevard. The channel is approximately 1,600 ft from Mark IV
Parkway to the confluence with Little Fossil Creek.
C. Evaluate alternatives for improvements, including open- and closed-system
alternatives, and estimated project costs. Present a recommended improvement
option.
These tasks are more particularly described in the parts presented herein:
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 files as well as
information generated in the field specifically for this project.
1. Data Collection
a. Obtain digital aerial photography, 2-ft topography, and existing storm drain
infrastructure from CITY, latest editions.
b. Obtain latest available topographic, zoning, land use and thoroughfare plan
information within the study limits from CITY.
Exhibit A-1-1
c. Obtain "As.- Built" plans for streets and storm drains within the identified study
area.
d. Obtain "As-Built" plans for culvert and bridge crossings and channel
improvements along stream study limits from CITY.
e. Prepare a base map for the study area.
f. Conduct environmental services to determine the delineation of all waters of
the United States including wetlands in the study area. Activities requiring
construction within waters of the United States generally require a permit from
the U.S. Army Corps of Engineers. Environmental permitting can be a costly
and time consuming process and it is necessary for the design schedule to
determine these needs during the study phase.
2. Field Visits and Survey
a. Perform up to two (2) engineering field visits to the study area and document
with photographs and sketches showing storm drainage infrastructure and
above ground features.
b. During field visits, take note of factors affecting stream hydraulics. FNI will
field verify modeling parameters such as drainage divides, land use, road
crossings and Manning's roughness coefficients (i.e., "n-values"), existing
flooding and erosion locations, condition of pipe outfalls and potential
structural improvement locations.
c. Bridges and culverts will be verified during engineering field visits against
available plans.
d. Conduct field surveys of up to two (2) channel/road crossings, four (4) storm
sewer outfalls and eight (8) channel cross sections. FNI will conduct
additional surveys of cross-sections and structural configurations of outfall
channels to determine downstream tailwater effects on the storm drain
system and overland flow paths to determine potential flooded_ structures on
an as needed basis pending authorization of additional services by the CITY.
e. It is not anticipated that residential notification will be necessary for field
surveys on this project. However, if resident notification is required, mail-outs
will be prepared for approval by CITY T/PW staff. The mail out shall be on
company letter head and shall include the project name, study limits, DOE
project no., brief description of the project, and consultant's project manager
name and telephone number.
PART B — Hydrologic and Hydraulic Analysis
This scope includes the tasks necessary to develop hydrologic and hydraulic models of
the study area. Study discharges will be obtained for a range of return events as
Exhibit A-1-2
required, including the 1-, 10-, and 50-percent chance storms, assuming fully-developed
watershed conditions. Models for open channel analysis will be performed using HEC-
HMS and HEC-RAS, utilizing GIS pre- and post-processing tools. Any required storm
drain analysis or design will be performed using Bentley's StormCAD computer
program, or other program as required by the CITY. All calculations will be consistent
with criteria in the City of Fort Worth Storm Water Management Design Manual, March
2006 edition.
1. Hydrologic Analysis
a. Prepare drainage area maps for study location at a 1" = 200' scale from
available contour information, construction plans and site visits.
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 sub-watershed including precipitation
data, time of concentration, and land use category.
d. Create a fully-developed hydrologic condition land use map based on site
visits, aerial photography and the City's land use/zoning maps.
e. Prepare and execute HMS hydrologic models for the tributary to obtain the 1-,
10-, and 50-percent chance return period peak discharges for use in hydraulic
modeling.
f. Utilize data obtained in items b. through e. above to input hydrologic
information into hydraulic system computer model.
2. Existing Conditions Hydraulic Analysis
a. Prepare an existing conditions hydraulic model(s) of the existing system of
approximately 1,600 feet-from Mark IV Parkway to the confluence with Little
Fossil Creek. Open channel reaches will be modeled using HEC-RAS as
appropriate.
b. Map existing conditions floodplain. Document roadway overtopping depth, if
any, and return event that can be passed under the Meacham Boulevard
crossing without roadway overtopping. Prepare and estimate approximate
number of habitable structures inundated by 100-year discharges based on 2-
foot contour topographic information provided by CITY. Any finished floor
surveys that need to be obtained can be obtained on an as-needed basis
pending authorization of additional services by CITY.
3. Improvement Plan
Exhibit A-1-3
a. Following completion of existing conditions analysis, coordinate with City staff
to assist in the development of up to two (2) alternative solutions for the study
area. Formulate conceptual alternative solutions to address storm drain-and
channel improvements using CITY two-foot topographic data to generate
grades. Roadway crossings and increased channel capacity will be
considered as needed to meet CITY criteria.
b. Prepare proposed conditions computer models for each alternative solution.
c. Develop a cost-effective analysis for each alternative based on estimates of
approximate flood damage benefits and probable project (design and
construction) costs, with consideration given to easement and right-of-way
acquisition and utility relocation requirements.
d. Up to three (3) review meetings and plan revisions will be prepared for CITY
review in comment in preparation of final exhibits, report and documents.
PART C — Project Development
1. Project Coordination
a. Conduct up to three (3) project status meetings for the study area with CITY.
Meetings shall be used to update CITY as to status of project and to
determine CITY preference in recommended improvement options.
b. Conduct up to two (2) additional site visits to project site with CITY, upon
CITY request.
c. Prepare monthly updates for OWNER identifying what work was
accomplished, what items are due in the next month and what outstanding
issues need immediate attention.
2. Report
Prepare a final report containing exhibits, tables, methodologies, capital
improvement projects, opinions of probable costs, models, and results.
Improvement plan shall include a summary of expected construction project
costs. Deliverables shall include five (5) hard copies. Electronic deliverables
shall include the final report, alternatives models, and GIS mapping of
recommended improvement plan showing preliminary alignment and sizing.
Exhibit A-1-4
ATTACHMENT "B"
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CITY PROJECT NO. 00666
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $ 68,855 as
summarized in Exhibit "B-3". Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment "A" and
for all labor materials, supplies, and equipment necessary to complete the
project. All permitting, application and similar fees will be paid directly by the City.
B. The Engineer shall be paid in four partial payments as described in Exhibit "13-1",
Section 1 — Method of Payment.
C. Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an office of the Engineer.
ll. Schedule(Working Days)— Refer to Attachment D for the complete schedule.
A. A concept report shall be submitted within 30 working days after the "Notice
to Proceed" letter is issued.
B. A preliminary report shall be submitted within 45 working days after approval
of the concept report.
C. A final report shall be submitted with 50 working days after approval of the
preliminary report.
Attachment B-1
EXHIBIT "13-1"
(SUPPLEMENT TO ATTACHMENT B)
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM-
BOULEVARD AT MARK IV PARKWAY
CITY-PROJECT TNO. 00666
I. Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the
total project.
The aggregate of such monthly partial fee payments shall not exceed the following:
Until delivery of the concept report, a sum not to exceed 30 percent of the total lump
sum fee.
Until delivery of the preliminary report, a sum not to exceed 60 percent of the total
lump sum fee.
Until delivery of the final report, a sum not to exceed 90 percent of the total lump
sum fee.
The balance of fee, less previous payments, shall be payable after approval of the
final report by the City.
II. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Engineering monthly progress reports covering all phases of the
study in the format required by the City.
Exhibit B-1-1
EXHIBIT"B-2"
HOURLY RATE SCHEDULE
Compensation to Freese and Nichols shall be based on the following Schedule of Charges:
Schedule of Chaross:
Position Min Max
PRINICIPAL 174.94 346.30
SENIOR CONSULTANT 177.49 232.96
GROUP MANAGER 163.10 236.71
ENGINEER Vlll 190.73 247.44
ENGINEER VII 170.62 217.23
ENGINEER VI 140.39 197.57
ENGINEER V 115.73 161.63
ENGINEER IV 1 99.07 136.34
ENGINEER III !i 88.71 123.85
ENGINEER II 80.41 101.87
ENGINEER 1 76.73 101.06
ELECTRICAL ENGINEER V 127.99 167.98
ELECTRICAL ENGINEER IV 95.68 125.57
ELECTRICAL ENGINEER it 75.49 99.08
ELECTRICAL ENGINEER 1 62.16 94.45
MECHANICAL ENGINEER VI 133.92 175.78
MECHANICAL ENGINEER V 113.82 149.39
MECHANICAL ENGINEER IV 90.66 119.00
MECHANICAL ENGINEER II 74.14 97.31
DISCIPLINE LEADER 1 111.36 146.15
DISCIPLINE LEADER Ii 157.36 206.54
SENIOR RESIDENT REPRESENTATI' 113.12 180.66
PROGRAM MANAGER II 115.53 151.63
PROGRAM ADMINISTRATOR j 123.13 153.91
CONSTRUCTION CONTRACT ADMIl, 100.73 180.66
CONSTRUCTION CONTRACT ADMIlk 70.00 133.66
CONSTRUCTION CONTRACT ADMIl, 59.89 86.36
DOCUMENT CONTROL CLERK 50.09 65.75
SR DESIGNER 112.64 147.85
DESIGNER II 99.40 133.95
DESIGNER 1 77.56 101.80
CADD DESIGNER 93.72 129.98
ENGINEERING TECHNOLOGIST 1 54.85 71.99
TECHNICIAN IV 74.09 113.15
TECHNICIAN 111 69.16 100.07
TECHNICIAN 11 52.02 68.28
TECHNICIAN 1 41.06 64.61
GIS COORDINATOR 84.81 111.32
GIS ANALYST II 62.44 85.22
GIS ANALYST 1 60.51 79.42
3D VISUALIZATION COORDINATOR 86.66 113.74
ENVIRONMENTAL SCIENTIST VII 132.13 173.42
ENVIRONMENTAL SCIENTIST VI 103.80 139.98
ENVIRONMENTAL SCIENTIST V 84.85 111.36
ENVIRONMENTAL SCIENTIST IV 81.16 106.52
ENVIRONMENTAL SCIENTIST III 73.78 112.42
ENVIRONMENTAL SCIENTIST II 54.18 76.62
ENVIRONMENTAL SCIENTIST 1 49.56 65.12
ARCHITECT V 117.26 157.99
ARCHITECT IV 83.55 109.67
ARCHITECT 111 80.86 106.13
ARCHITECT 11 60.70 79.67
PLANNER IV 99.51 130.61
HYDROLOGIST VI 109.40 143.58
HYDROLOGIST V 104.08 136.60
HYDROLOGIST IV 82.63 108.45
HYDROLOGIST 111 72.65 94.74
HYDROLOGIST 11 62.66 82.25
GEOTECHNICAL ENGINEER VI 140.62 184.56
SENIOR GEOLOGIST 102.90 135.06
PUBLIC INVOLVEMENT COORDINAI 76.47 102.83
WEB SERVICES ADMINISTRATOR 86.66 113.74
WORD PROCESSING/SECRETARIAL 51.63 75.89
OPERATIONS ANALYST 81.79 123.15
CONTRACT ADMINISTRATOR 65.30 85.70
INFORMATION SERVICES ADMINISi 43.88 57.59
INFORMATION SERVICES CLERK 29.51 48.07
CO-OP 40.25 59790
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp Plotter
talions 10. per hour oB nT
Other
Color
Print Shop
0 or Copies and PrintiFg- $0.50 per single side copy
$1.00 per double side copy
Black and White Copies and Printing $0.10 per single side copy
$0.20 per double side copy
Binding $5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection S20.00 per test
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense,communication expense,travel,
transportation and subsistence away from Fort Worth,and other miscellaneous expenses directly related to the work,including costs of laboratory analysis,tests,and
other work required to be done by independent person other than staff members.
ggp:3502-08-06
EXHIBIT "B-3"
(SUPPLEMENT TO Ai iACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
(Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM-DRAIN IMPROVEMENTS-TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CIT�`PROJECT NO. 00666
Consulting Firm Prime Responsibility Amount Percent
Prime Consultant:
Freese & Nichols, Inc. Engineering & Proj. Mgmt. $ 54,155 78.7%
M/WBE Consultants:
Gorrondana Survey $ 8,700 12.6%
IES Environmental Services $ 6,000 8.7%
Total for Professional Services $ 68,855 100.0%
Note: Non-M/WWBE Consultants— None.
Project Description Scope of Services Total Fee M/WBE Fee Percent
Engineering Services Drainage Study $ 68,855 $ 14,700 21.3%
City M/W BE Goal = 21%
B3-1
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
SJJMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE)
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CITY PROJECT NO. 00666
A. SUMMARY OF TOTAL FEE
Service Description Total
Basic Engineering
$50,843.00
Services
Additional Engineering
$9,312.00
Services
Engineering Subtotal $60,155.00
Surveying Services $8,700.00
Project Total $68,855.00
B. BREAKDOWN OF ENGINEERING FEES(LESS SURVEY FEES)
1. Total Fee (less survey fee) Breakdown by Conceptual, Preliminary& Final Report
a. Conceptual (30%) = (Engineering Subtotal) X (0.3) _ $ 18,046.50
b. Preliminary (60%) = (Engineering Subtotal) X (0.6) _ $ 36,093.00
c. Final (10%) _ (Engineering Subtotal) X (0.1) _ $ 6,015.50
$ 60,155.00
63A-1
EXHIBIT"B-3A-1"
BREA7CUOWN OF PROJECT TASKS AND LABOR HOURS
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM BOULEVARD AT MARK IV
PARKWAY
CITY PROJECT NO.00666
ITEM TASK DISCIPLINE PROJECT DESIGN GIS OR WORD
R # BASIC SERVICES LEADER MANAGER ENGINEER CARD TECH PROCESSOR TOTAL
fpURS IR)URS nC11RS FIW0.5 HnURC HIXIRS C'r
A DATA COLLECTION
I Internal KickoffMeeting-Set up project I 4.0 4.0 &0 $1,001
2 Review Existing ReporWCaladations 2.0 6.0 8.0 S907
3 Obtain Plans from Client 2.0 2.0 $203
4 Obtain digital topographic information from client-CAD setup of base map 4.0 4.0 S406
5 Requcst/Coordimte with Survey 4.0 4.0 B.0 SL001
6 Obtain models of Little Fossil Creek for possible hydrologic cadcs 4.0 io S406 C
7 Obtain developmenn plans from city 0.0 SO
8 Review previous studies 0.0 SO
9 Obtains soils info,and existing and ultimate land use 4.0 41) S4D6
10 Obtain watershed mpo,city two-loot,or USGS 2.0 2.0 S203
11 QA/QC 0.0 $o
Subtotal 0.0 too 30.0 0.0 0.0 40.0 S4533
B HYDROLOGIC ANALYSIS
1 Review and summarize FIS discharge values 0.0 $o
Delineate watershed trap 1.o 4.0 2-0 70 $758
3 Pteapare soils information for watersheds 2.0 1.0 3.0 S305
4 Preapare existing land use data for watersheds 2.0 2.0 4.0 S501
5 Prmpare ultimate land use data for watersheds 2.0 2.0 S203
6 Determine exisung watershed parameters(Tc.CN) 4.0 4.0 S406
7 Determine ultimate watershed parameters(Tc.CN) 4.0 4.0 $406
8 Develop hydrologic-model for existing and ultimate 3.0 8.0 2.0 13.0 $1.461
9 Do muungs on creeks,ponds,lakes 3.0 8.0 1.0 12.0 $1,360
10 QA/QC Do 1.0 2Z0 4.0 $523
Subtotal Lo 10-0 36.0 6.0 0.0 53.0 S5.922
C EXISTING CONDITON MODEL
0.0 SO
3 IAdd survey cross sections to des:abe Existing Conditions 2.0 14.D 1.0 17.0 S1,820
Add bridge and/or culvert information 2.040 2.0 8.0 S907
4 Add other projects from plans or studies 0.0 $o
5 Develop existing conditions model 4.0 16.0 2.0 22.0 $2,422
6 Add blocked obstructions,ureffective flow if appropriate 2.o 0 0 S203
7 Insure project sull ties into effective profile or extend model 0.0 So
8 Develop ultimate conditions hydmulic model 4.0 4.0 $406
9 Delineate existing conditions 100500,Ooodway 6.0 3.0 9.0 $914
ID Delineate ultimate conditions,100 80 2.0 10.0 S1,015
11 QA/QC 1_O 4_O 410 2_0 11.0 SL376
Subtotal 1.0 12.0 58.0 12.0 00 83.0 S9,062
D PRELIMINARY PROPOSED MODEL
1 Identify existing problems owner wishes to modify LD 80 6.0 15.0 S1,971
Develop ahemetives to accomplish modifications 4.0 12.0 2.0 18.0 $2,016
3 Do preliminary alysisto define feambife options 4.0 40 S406
4 Prepare cost estimates for feasibile options 40 4.0 S4D6
5 I Prepare prelimmminary diem iuve exhibits 4.0 14.0 I8.0 S1,827
6 Min-with client to define final design approach 0.0 2.D 00 2.0 S298
9 QA/QC 1_0 2_0 2_0 5.0 S67o
Subtotal 2.0 16.0 32.0 16.0 0.0 66.0 S7595
E FINAL PROPOSED MODEL
I Modify existing crass sections to reflect selected alternative To 8) 1.0 11.0 $1,211
2 Add proposed bridge and/or culvert information 6.0 1.0 7.0 $711
3 Add blocked obstructions,ineffective flow if appropriate 2.0 2.0 $203
4 Delineate existing condition,100 8.0 4.0 12.0 S 1 218
5 Delineate ultimate conditions,100 4.0 4.0 8.0 S812
6 QA/QC LO 2.0 4.0 7.0 S875
7 Meet with client to approve Joan design 21 6_0 0_0 8.0 S1,236
Subtotal 30 10.0 32.0 10.0 0.0 55D S6_65
F DELIVERABLES
1 Calculation Tables 40 4.0 $406
Preliminary Report 28.0 8.0 12.0 48.0 $6,195
3 Final Report 110 8.0 8.0 28.0 S3,409
4 00 $D
5
0.0 SO
6 QA/QC 1_0 2_0 2_0 5.0 S672
Subtotal Lo 42.0 22.0 20.0 0.0 85.0 $10.682
G PROJECT COORDINATION
1 Coordination w/City Staff(Up to 4 meetings) 4.0 120 16.0 0.0 32.0 S4,095
2 Monthly Project Updates 8.0 8.0 S1.190
Do So
Subtotal 4.0 20.0 16.0 0.0 0.0 40.0 $5 285
LABOR TOTAL 12.0 120.0 226.o 64.0 o.0 4221) $49,343
A PROJECT EXPENSES
I Printing/Plotting Expenses S500
FEMA Library fees for obtaining FEMA Effective Model So
3 General Expenses(Copies,Mileage,Postage.e(a) $1,000
4 Corrpuler Expenses 0.0 SO
Subtotal SL500
EXPENSE TOTAL �Jpllt '1
� 1, l
PROJECT TOTAL
I
EXHIBIT "B-36"
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE SUMMARY
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CITY PROJECT NO. 00666
BASIC ENGINEERING DESIGN FEE:
Engineering Services $ 50,843.00
ADDITIONAL SERVICES:
Surveying Services = $ 8,700.00
- Printing/Reproduction = $ 402.00
- Monthly Status Meetings with City Staff (4 meetings) _ $ 1,000.00
- Monthly Reports/Coordination with City PM = $ 400.00
- Environmental 404 Wetland Evaluation = $ 6,000.00
- Administrative Fee (10%) on M/WBE Firms = $ 1,510.00
Additional Services Total: $ 18,012.00
636-1
EXHIBIT "B-3C"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR SURVEYING SERVICES
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CITY PROJECT NO. 00666
Surveying Services:
Meacham Blvd - Channel & Culverts Survey = $ 8,700.00
Survey Total $ 8,700.00
B3C-1
EXHIBIT "13-3101"
(SUPPLEMENT TO ATTACHMENT B)
PRINTING /REPRODUCTION
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO MEACHAM
BOULEVARD AT MARK IV PARKWAY
CITY PROJECT NO. 00666
Printing Cast:
Description No.Sets Sheets/Set Cost/Sheet Total Cost
Preliminary Report 3 15 $ 0.25 $ 11.00
Preliminary Exhibits 3 5 $ 3.00 $ 45.00
Final Report 4 50 $ 0.25 $ 50.00
Final Exhibits 4 5 $ 3.00 $ 60.00
Mounted Exhibits 2 5 $ 2-0.00 $ 200.00
Photocopies 200 1 $ 0.10 $ 20.00
Binding/Punching/Delivery 1 1 $ 16.00 $ 16.00
Total Cost $ 402.00
Note: Additional copies requested by the City shall be provided according to the Std. Rate
Schedule (Exhibit 13-2)
B3D-1
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD ENGINEERING
AGREEMENT AND ATTACHMENT A
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO
MEACHAM BOULEVARD AT MARK IV PARKWAY
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Future ormm gain mprovemen s FN"S NO
OFF07041
W for Meacham Boulevard at Mark IV Parkway Ply WMeacham
�1 Z�� Council District 2 Mapsco 49P DATE
nAL E ri(za 2007 Attachment
SG�L
Freese a66d Nichols 1:400
IOS51r0emeBonal Plan.Suhe300 Limits of Study Area DESIGNED KDD E - 1
FOR Worts,TX 76106-1665
Phone-(617(735.7300 DIWTEo
RMZ
City of Fort Worth, Texas
Mayor rind Council Communication
COUNCIL ACTION: Approved on 8/21/2007 - Ord. No. 1771-5-08-2007
DATE: Tuesday, August 21, 2-007
LOG NAME: 30MEACHAM00666 REFERENCE NO.: **C-22323
SUBJECT:
Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., for a Drainage
Study for the Meacham Boulevard/1Vwk IV Parkway Drainage Improvements (Project No. 00666);
Transfer of Funds and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $80,541.00 from the Storm Water Utility Fund to the Storm Water Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Storm Water Capital Projects Fund in the amount of$80,541.00; and
3. Authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the
amount of $6 855 for a drainage study for the Meacham Boulevard Mark IV Parkway Drainage
Improvements.
DISCUSSION:
The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve
streams, minimize water pollution and to operate the storm water system in a more effective manner to fully
comply with state and federal regulatory requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning, enhanced development review, and increased
public education and outreach.
This agreement provides for the preparation of an hydrologic and hydraulic study to determine the
necessary drainage improvements to convey the 1-00-year storm event beyond a sump location on
Meacham Boulevard, thereby eliminating flooding on the roadway.
Freese and Nichols, Inc., proposes to perform the necessary engineering services for a lump sum fee of
$68,855.00. City Staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $11,686.00 is required for project management by the Engineering
Department.
M/WBE — Freese and Nichols, 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 15 percent.
This project is located in COUNCIL DISTRICT 2, Mapsco 49P.
Logname: 30MEACHAM00666 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Storm Water Capital Projects Fund-.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)P228 472069 2022800666ZZ $80,541.00 1)PE69 538070 0209206 $80,541.00
2)P228 531350 202280066610 2 400.00 3)P228 531200 202280066616 $68,855.00
2)P228 531350 202280066620 $2,400.00
2)P228 531200 202280066616 $68,855.00
2)P228 531350 202280066616 $6,886.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Dena Johnson (7866)
Logname: 30MEACHAM00666 Page 2 of 2