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Contract 35495
CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Stream Water Group, Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project— Loving Avenue Channel & Culvert Improvement 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 10l06/05) a;,`�� I �• jv Sir''^• 1 Page 1of20 �'� w� J�SvU�.'Ct ORIGINAL 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 10106105) Page 2 of 20 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 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 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 4 of 20 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 provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subcon-sultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT(REV 10106105) Page 5 of 20 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 $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 6 of 20 (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) Tfte Corn eneral Liability insurance policy shall have no excl`us�©ns by"encl€ sements�.unless:the CITY approves such exclusions it wn.ing Q) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims- made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (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) Page 7 of 20 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 8 of 20 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) Page 9 of 20 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) Page 10 of 20 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 11 of 20 (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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 12 of 20 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 litigation 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 13 of 20 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. STANDARD ENGINEERING AGREEMENT(REV 10/06105) Page 14 of 20 Article viz 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 -LLocation Map I Executed this the 'tea day of ATTEST: CITY FORT I By Marty HendriP arc A. Ott Cit Secretary Assistant City Manager contract authorizatioA APPROVAL RECOMMENDED ID -Date A.A. Douglas Rademaker, P.E. Director, Engineering Department APP O ED A O FO AND LEGALITY Assis-a C' y Att rney Stream Water Group, Inc_ ENGINEER ATTEST: , By: NAME: Shamsul Arefin, P_E_ TITLE: President STANDARD ENGINEERING AGREEMENT(REV 10/06/05) C 7' 6'1c;+ 1� l'v tiV Page 15of20 CITY tlo l:'V�1• trt�� 1541: ATTACHMENT"A" General BL=af 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 ofServices." GFNFRAI 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. 9) 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 Plans 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 Engineers 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 shall 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 the 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 10106105) 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 Dn 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 10106105) Page 20 of 20 EXHIBIT "A-1" SUPPLEMENTAL SCOPE QF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES. -DRAINAGE STUDY AND PAVING AND/OR DRAINAGE IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT"A". Work under this attachment includes engineering services for drainage study and paving and/or storm drain reconstruction for the following: Engineering Design Services: Loving Avenue Channel&Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5668 SUMMARY OF IMPROVEMENTS Approx. Culvert Channel Council Existing Storm Project Locations Proposed Length Improvements District Cond./Size Size (ft) (ft) Map Loving Avenue 2-54" RCP & 4 Channel & Culvert 2 Open Natural 2- 8' X 6' 120 1200 &008 & Improvements Channel 36- 412 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A—PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, three (3) meetings are anticipated. These include the following: Rev 11/30/04 EA1-1 One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). One (1) Informational Meeting with the owners of the properties which the proposed project will affect. One (1) review meeting at completion of the City's review of the conceptual analysis and study. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with the City to provide data on the planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. C. Coordination with Other Agencies/Consultants During the PART A phase the ENGINEER shall coordinate with identified utilities, including parks and utilities owned by the City, TxDOT, and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept level exhibits. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for the City to obtain permit letters from TxDOT and railroads and submit such form to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a progress schedule after this contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress report as required under Attachment B of the contract. 3. Hydraulic Study a. Assess available previous studies and modeling to provide the basis for the models to be used in evaluating improvements to the two structures. Coordinate field survey with Survey subcontractors. Rev 11/30/04 EA1-2 b. Determine design flows at the two structures separately and in combination. C. Develop base condition HEC-RAS hydraulic models in the vicinity of the proposed crossings. The models will consist of available previously developed hydraulic models supplemented by field surveys obtained for this project. d. Use the HEC-RAS models developed in Task 3c above to size structures for the proposed crossings and assess requirements for adjacent roadway improvements. A maximum of three (3)alternatives will be investigated. e. Develop order of magnitude probable construction costs for each improvement alternative. f. In coordination with City staff select an alternative for design. In addition to construction costs, the selection of an alternative will also consider environmental concerns to be investigated under a separate subcontract. g. Prepare a draft report which sets forth the methodology and findings of this hydraulic study. Submit three (3) copies of the draft report to the City for their review, respond to comments and publish final report in three(3)copies. h. This task does not include obtaining a LOMR or CLOMR. Final LOMR should be scheduled and obtained following construction of the improvements, if needed. PART B-CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all known sanitary and adjacent storm sewers, rim/invert elevations, location of known buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. b. Engineer Will Provide The Following Information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in MicroStation J format. All text data-such as plan and profile, Rev 11/30/04 EA1-3 legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in MicroStation (DGN) format, or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. Show the following information about each Control Point: a. Identified (Existing City Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two bench marks per plan/profile sheet. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving,when appropriate. 7. Obtain the"footprint"of all properties where the storm drain line is to be relocated or rerouted. ii. Public Notification Rev 11/30/04 EA1-4 Prior to conducting design surveys, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall include the following: project name, limits, DOE project no., Consultants project manager and phone no., scope of survey work and design survey schedule. The letter will be reviewed and approved by the City prior to distribution. iii. Drainage Computations ENGINEER will review and document the watershed drainage runoff area and existing channel and structure capacities for the subject study area. A drainage area map will be drawn at 1"=200' scale from available contour maps. Calculations regarding channel and structure capacities and design discharges (25-year and 100-year frequencies) at selected critical locations will be provided. The ENGINEER'S responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. iv. Conceptual Engineering Plan Submittal a. Conceptual plans in the form of a condensation of the previously submitted Loving Avenue Channel & Culvert Improvements Investigation shall be submitted to City 30 calendar days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish four (4) copies of the concept engineering plans which includes the layout, preliminary right-of-way needs and cost estimate for the ENGINEER's recommended plan. Following approval of the alignment, the ENGINEER shall perform remaining field surveys required for final design of selected route. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of Part B, Paragraph iv, ENGINEER will prepare preliminary construction plans as follows: a. Drainage area maps with drainage calculations and hydraulic computations. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which show the following and shall be on 22"x 34" sheets: Rev 11/30/04 EA1-5 Property ownership - Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. Curb lines Driveways Sidewalks Existing and proposed water, sanitary sewer and storm drain pipes C. Proposed storm drain plan/profile and recommended pipe size, manholes, and all pertinent information needed to construct the project. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the project. e. The ENGINEER shall make provisions for reconnecting all water and/or wastewater service lines which must be re-routed due to the storm drain reconstruction, including replacement of existing service lines within City right-of- way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. f. The ENGINEER will prepare standard and special detail sheets for storm drain reconstruction that are not already included in the D-Section of the City's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project,trenchless details, and special services. g. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. h. Right-of Way/Easement Preparation and submittal Preparation and submittal of right-of-way, easements and rights-of-entry will be in conformance with "Submittal of Information to Real Property for Acquisition of Property". Legal descriptions and plot maps will be prepared on 8.5"x14" standard sheets for all necessary temporary and permanent easements required for storm drain construction. Descriptions shall be prepared in standard format as directed by Department of Engineering (DOE). Temporary and permanent easements shall be Rev 11/30/04 EA1-6 delineated on plan sheets. Exhibits shall be prepared. Legal descriptions shall also be prepared if needed. A total of five (5) permanent easements and five (5) temporary construction easements are included. The CITY will secure easements and rights-of-entry agreements as necessary. i. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. j. Preliminary Construction Plan Submittal i. Preliminary plans and specifications shall be submitted to City 90 calendar days after approval of Part B, Paragraph iv. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review and delivery to utility companies. Generally, plan sheets shall be organized as follows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Easement layout(if applicable) Storm Water Pollution Prevention Plan (if applicable; see below) Plan & Profile Sheets Standard Construction Details Special Details(If applicable) iii. ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plan submittal. Engineer shall assist the City in selecting the feasible and/or economical solutions to be pursued. Rev 11/30/04 EA1-7 k. Geotechnical Investigation i. Field Investigation — Conduct five (5) borings to an average depth of approximately 12 feet. The location and depth will be determined based on the City approved alignment. ii. Laboratory Investigation—Evaluate soil engineering properties and physical properties of the soil. Classify soils according to the Unified Soil Classification using classification tests. These tests will include natural moisture content, dry unit weights, and the liquid and plastic limits. The undrained sheer strengths of cohesive soils will be determined by hand penometer tests, and confirmed with unconfined compressive strength testing. iii. Engineering Analysis — Document the results of the field and laboratory work. Provide engineering recommendations for design and construction of proposed pipeline. I. Storm Water Pollution Prevention Plan (SWPPP) ENGINEER will prepare the SWPPP required for the project for use by the contractor during construction. The City example SWPPP will be used as a template. ENGINEER will prepare drawings of details for proposed SWPPP improvements that the Contractor must use during construction. Contractor shall be responsible for filing the SWPPP plan with the appropriate regulatory agencies. M. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. n. Public Meeting(2) After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare exhibits, provide the City with the database listing the names and addresses of all residents and businesses to be affected by the proposed project, along with an invitation letter, and attend two (2) public meetings to help explain the proposed project to residents. The CITY shall mail the invitation letters. 3. Final Construction Plan Submittal Rev 11/30/04 EA1-8 a. Final Construction Documents shall be submitted to CITY 60 calendar days after approval of Part B, Paragraph 2b. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each sheet shall be stamped, dated, and signed by the ENGINEER registered in the State of Texas) and submit two (2) sets of plans and construction contract documents within 15 calendar days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. C. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format(version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singula PDF files for each sheet of a plan set will not be accented. PDF files shall conform to naming conventions as follows: I. TPW file name example - 1'W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W 0053—org3.pdf and K-0320—org5.pdf Rev 11/30/04 EA1-9 H. Water and Sewer file name example — "X-35667—org36.pdf' where "X-35667" is the assigned file number obtained from the City of Fort Worth, "—org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks_ zap dicks,a-mail flash media will not he accept d 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Engineering Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the DOE number and proper fund codes have been assigned and are in the Department of Engineering database. PART C-PRE-CONSTRUCTION ASSISTANCE 1. Administration a. Bid Document Submittal The ENGINEER will make available for bidding, upon request by the CITY, up to forty-five (45) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. Proposal will be provided in electronic format. b. Bidding Assistance The ENGINEER shall assist the City during this phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the DOE by prospective bidders. Engineer shall attend any scheduled pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format, and submit four (4) copies of the bid tabulation, along with the contract documents to the City within three (3)working days after bid opening. Rev 11/30/04 EA1-10 C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the City on design and/or construction changes, if necessary. Rev 11/30/04 EA1-11 ATTACHMENT"B" COMPENSATION AND SCHEDULE Engineering Design Services: Loving Avenue Channel and Culvert Improvements. Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 1. Compensation A. The Engineer shall be compensated a total lump sum fee of$119,297 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 Exhibits"A-1"for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid in four partial payments as described in Exhibit"B-1"upon receipt of four individual invoices from the Engineer. In this regard, the engineer shall submit invoices for four partial payments as described in Exhibit"B-1 ", Section 1-Method of Payment. 11. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 255 calendar days after the Final acceptance of Drainage Study Report. A. Conceptual Engineering Plans—90 Calendar Days B. Preliminary Engineering Plans and Contract Documents—90 Calendar Days C. Final Engineering Plans and Contract Documents—45 Calendar Days D. Final Engineering Plans and Contract Documents for Bid Advertisement—30 Calendar Days EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") METHOD OF PAYMENT Engineering Design Services: Loving Avenue Channel and Culvert Improvements. Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 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 satisfactory completion of Exhibit"A-1", Conceptual Engineering plans submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibit"A-1", Preliminary Construction plans submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of Exhibit"A-1", Final Construction plans submittal and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of fees, less previous payments, shall be payable after all of the pre-construction meetings for the Project have been conducted. 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 design by the 15th of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the opinion of probable cost of$839,075(as estimated in Exhibit"13-4")will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Department of Engineering shall suspend all work hereunder. EXHIBIT B-2 (SUPPLEMENT TO ATTACHMENT B) HOURLY RATE SCHEDULE Engineering Services: Loving Avenue Channel and Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 Employee Classification Rate/Hour Principal $135 Senior Professional $130 Registered Professional $130 Professional $120 Designer $105 Technical Support $75 Clerical/Administrative Support $45 r EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT B) Loving Avenue Channel and Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No.5558 Prime Consultant Scope of Services Fee %of Contract Stream Water Group, Inc. Study,Engineering 8 Proj.Mgmt $ 106,830 89.55% Proposed MNVBE Subconsultants ARS Engineers,Inc. Survey and Engineering $ 8,900 7.46% L.A Blueline, Inc. Reproduction $ 3,567 2.99% Total For Professional Services $ 119,297 100% Actual MIWBE Cit)'s M/WBE Project Description Scope of Services Total Fee M/WBE Fee Percent Percent Goal Engineering Services Channel Improvements $119,297 $12,467 10.45% 10% EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF DESIGN FEES Engineering Design Services:Loving Avenue Channel and Culvert Improvements. Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 April 12, 2007 Ms. Dena Johnson, P.E. Department of Engineering City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102-6311 Reference: Engineering Design Services: Loving Avenue Channel and Culvert Improvements. Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 Dear Ms. Johnson, We appreciate the opportunity to present this proposal and fee schedule for your consideration. Attached please find construction cost estimates, schedule, and exhibits depicting the scope of work. We propose to complete the proposed work in accordance with the following fee schedule: Estimated Construction Costs for Drainage Improvements= $839,075 1. Basic Engineering Fee based on %of construction (T.S.P.E. Curve%) (T.S.P.E. Curve 7.80%X 0.85)= $55,631 6737 Brentwood Stair Rd- Suite 730• Fort Worth, TX 76112 • Phone: 917.446.4171 • Fax: 817.446.4335 www. streainwatergrnup.coin (0) @V@W Exhibit B-3A Ms. Dena Johnson, P.E. April 12, 2007 Page 2 Basic Services $95,436 Drainage Study $39,805 Basic Engineering(%of Construction Cost) $55,631 Special Services $23,862 Surveys $8,900 SWPPP $5,000 Structural Design $1,500 Public Meeting(2) (Exhibit, etc.) $1,480 Meeting& Reports $1,200 Printing& Reproduction $4,535 10% for M/WBE Subcontractors $1,247 TOTAL LUMP SUM $119,297 Total Lump Sum Fee for Drainage Improvements $119,297 We will be using ARS Engineers, Inc. $8 900 for surveying and engineering design services and L.A Blueline, Inc. ($3,567) for printing and reproduction services. This will result in an 10.45% portion of the contract that will be performed by approved M/WBE firm which will meet or exceed the target of 10%. If you have any questions or require additional information, Please give me a call. Sincerely, Stream Water Gr up, Inc. Shamsul Arefin, 15.E. President 6737 Brentwood Stair Rd- Suite 230• Fort Worth, TX 761 12 - Phone: 817,446.4171 - Fax: 817.446.4335 www. streamwatergrour.com EXHIBIT B-313 (SUPPLEMENT TO ATTACHMENT B) Fee Summary Loving Avenue Channel and Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 A. Summary of Total Fee Drainage Study& Engineering Design Project Description Council District Scope of Services Services Surveying Services Total Fee Loving Avenue Channel and Culvert 2 Drainage Study& Engineering Design $110,397 $ 8,900 $ 119,297 Improvements B. Breakdown of Fees(Less Survey Fees) a. Concept(30%)=(Total Fee-Survey Fee)X(0.3) $ 33,119 b. Preliminary(60%)=(Total Fee-Survey Fee)X(0.6) $ 66,238 c. Final(10%)=(Total Fee-Survey Fee)X(0.1) $ 11,040 Total Fees(Less Survey Fees) $ 110,397 EXHIBIT B-36(cont.) (SUPPLEMENT TO ATTACHMENT B) Loving Avenue Channel and Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.:00626 DOE No.5558 Pricipal Project Direct Cost Task Description QA/QC Manager Pro]Eng CAD Clerical Total Fee- Drainage Study Part A,Items 1&2 1 Coordination Mtgs 1 4 8 $ 1,615 2 Research and Data Collection 4 32 20 $ 150 $ 5,410 3 Coordination with Other Agencies 1 2 4 4 $ 75 $ 1,250 4 Schedule Submittal&Monthly Progress Report 1 4 8 1 $ 1,615 Part A,Item 3 5 Conduct Site Visit and Analyze improvements 20 32 $ 120 $ 6,560 6 HEC-HMS Model Preparation and Run 2 24 24 $ 120 $ 5,070 7 HEC-RES Model Preparation and Run 5 12 65 36 $ 12,735 8 Alternative Cost Analysis 4 10 $ 1,720 9 Draft(3 copy),Preliminary(3 copy),and Final(3 copy)Report 8 8 18 1 $ 480 $ 3,830 Subtotal-Drainage Study $ 39,805 Part A-Conceptual Design and Part B-Plans&Specifications Transportaion and Public Works:(Construction Cost X ASCE Curve"A"X 85%) ($839,075X7.8%X.85) Culvert and Channel Improvements = $ 55,631 Drainage Study = $ 39,805 Basic Services Total = $95,436 Additional Services: Transporta(on&Public Works: Topographic Surveying Services = $ 8,900 Structural Design = $ 1,500 Erosion Control Plans/SW3P = $ 5,000 Public Meeting - $ 1,480 Meeting&Reports = $ 1,200 Printing&Reproduction Subtotal = $ 4,535 Administrative(10%)Fee on M/WBE Firms = $ 1,247 Additional Services Subtotal = $ 23,862 Total Fees= $119,297 EXHIBIT B-3C (SUPPLEMENT TO ATTACHMENT B) Culvert and Channel Improvements Contract 2006 Loving Avenue Channel and Culvert Improveme-nts Fee for Reproduction Services City Project No.: 00626 DOE No. 5558 Printing & Reproduction Conceptual Design Report 3 Sets Report = $ 90 Preliminary Plans = 3 Sets of Construction Plans = $ 81 2 Sets of Specifications = $ 60 Utility Clearance Plans = 16 Sets of Construction Plans $ 432 Final Plans = 3 Sets of Construction Plans = $ 81 3 Sets of Specifications = $ 90 Bid Documents = 50 Sets of Construction Plans = $ 1,350 50 Sets of Specifications = $ 1,500 Mounted Exhibits for Public Meetings = 5 Drawings = $ 380 Final Mylars for Record Purposes = 1 Set of Plans = $ 300 Printing and Reproduction Subtotal = $ 4,364 *Estimated using 15 sheets per plan and 1 part EXHIBIT B-4 (SUPPLEMENT TO ATTACHMENT B) ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST • Culvert and Channel Improvements Contract 2006 City Project No.:00626 DOE No.5558 Loving Avenue Channel and Culvert Improvements Pay Item Description Pay Unit Approximate Total Quantity Unit Price Amount 1 Project Sin EA 2 $ 300 $ goo 2 Remove and Dispose of Timber Retaining Wall LF 400 $ 15 $ 6,000 3 Remove and Dispose of 54" RCP LF 160 $ 20 $ 3,200 4 Remove and Dispose of Miscellaneous Concrete CY 200 $ 20 $ 4,000 5 1 Miscellaneous Excavation CY 20000 $ 20 $ 400,000 6 IMiscellaneous Backfill of Excavated Material Compacted in 12" Lifts CY 1000 $ 5 $ 5,000 7 lUnclassified Street and ROW Excavation CY 725 $ 18 $ 13,050 8 IMiscellaneous Select Material Embedment and Backfill CY 250 $ 20 $ 5,000 9 8'W X 6'H HS20 Direct Drive Concrete Box LF 120 $ 750 $ 90,000 10 Install Headwall for Box Culvert CY 24 $ 450 $ 10,800 11 6"Sand Cushion SY 110 $ 7 $ 770 12 Block Sodding SY 1350 $ 10 $ 13,500 13 H dromulch Seeding SY 9000 $ 3 $ 27,000 14 Reinforced Concrete Rip-Rap SY 2275 $ 45 $ 102,375 15 18" Rock Rip-Rap CY 1000 $ 35 $ 35,000 16 Silt Fence LF 2000 $ 5 $ 10,000 17 Erosion Control Matting LF 2000 $ 3 $ 6,000 18 Metal Beam Guard Rail With Timber Post LF 150 $ 15 $ 2,250 19 Permanent Asphalt Pavement Repair Per Fig. 2000-1A SY 350 $ 45 $ 15,750 20 Install and Remove Temporary Rock Check Dam EA 5 $ 2,500 $ 12,500 Subtotal $ 762,795 10%Cont. $ 76,280 TOTAL $ 839,075 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A WATER AND SANITARY SEWER REPLACMENT CONTRACT Engineering Design Services: Loving Avenue Channel and Culvert Improvements. Culvert and Channel Improvements Contract 2006 City Project No.: 00626 DOE No. 5558 There are no changes and amendments to Standard Agreement and Attachment A. Attachment D Project Schedule ID O T..k N.1w Dungan sw1 FbIN Iel Iet 1 .rl .n 1 1el 1 / 1 .e N 3N Ou Ib t IT Nola.b P_.d j 1 GY I Mm enrol Mm WM7 u •Od a •M A M A .M A n Jul u .Oct]o A Jul u •J. .Mr 3�14Ary.l Tw eMM7 Fri 1NIOMe 3 C�•Pb+E •9 le6 dn`• iw� Mon 4MMS Tw .. 1 Pn.D..lpn Caadb..ut N /e.Y eaebi Tw 0/ero7 ' ! -- --- Dn.t.p.9enly ------------ te0 dM Wd eMM7 Twi/1 WOO e 1 snY•Y ' 00 4M1 Wd SOro11 Tw 7Rtro7 7 -_-i__.__Pr.p�•Cane.pbY Enpb.n•M Pwt.p011)_--_._-_. IS Gy.� Wd 1/70roe Tw3/teroe : : .:•[ . 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Twelebe Thu NISM . 21 Pr.pn.Pnin �Ynry Rn. d 9Poe11kr•nn(W%) 1e Tw eleNe Mm N2SAe ' 22 _____-._.. e011Vey taw euwl.I --.- —�.__-td•y Tw arm" Tw W2@M 27 .-_ _!- -FbA FIn��E9p.e•k�en1.R.M.r by Clry 6GW{ Wd—WTM Ta.a2Me 24 ProJ.al R.Wwy M..ete I td.y Wd" Wd 23 - b.arF.r.Y FbdDM C.•.ttwlb ------ !- -S dM Thu NMOB Wd NlOOe . 2. -__._� -_-sulnM FbuI P1n.•ntl BP. aMla^.1?VO%) _ ..- --'-i -"--�Gri TIw Y/1�Nli--TIw W1�bl �' i n ---�� - _c.ca.r Pt.nwslvnd.•- -- seM Fd aloe Thu aleMe ze ----I canewem Pew ---'----_.-.---"---i no a•In I Frl N1TI0 I fiu tauae . 20 --�._ Vn.Cwntruetlon A•.bwne.----- - 00 e.y.I Fri NteMe Thu t12lro. . 30 i Adwew Prq.ol ----_ I6y Fdomme Fd aiaae e . 01 Aewte.wwq P..twi --- -- -- 21 Gy. Mm N22roe Mm 1012006 J 32 �OFm ell..--- -------------- -i d.y Tw 10/21roe Tue IMIroe IWZI, J] ` NeC C.cul.•N1 P..o... 1SdM Wd10R2roe Tw 11/11roe . a. ____ -GauirJ�..N _ _.--____.-�-_16 e•Y. Wdtt712roe Tw1/13M0 t1/1!• ' Je _En Catt••d Don.twtb_ ydMl Wd1N4O0 Tw nompp 3• I - Pt•Can.•wean NNplidtad M•.tbe 7 dry Wd 7121rop Wd 1121roD 37 - - Pr.Can••tsbn Mwotq- - - 1 d•y Thu 172709 Thu 1122W 1121E --i_ -1e0 ery. -Fri 11l3Me TI.M. . i Jp ---- -P..*4-d Dnit•p•CmYueem I I CuMwl.nd Chr Impnr.T.n. T..k P�. s.n.n.1y Ed.m.l T.-. _ D.dIF. j Cadnd 200e spot .......... mam- Plaj• $.wtwy E.wn.l N...ww T •� P.e.t 10;11 AM Thu Y 21D7 Attachment D-1 Project Schedule Loving Avenue Channel and Culvert Improvements Culvert and Channel Improvements Contract 2006 City Project No.:00626 DOE No.5558 Projected Actual Task Name Duration Start date Finish date Duration Start date Finish date (working (working ID days) days) 1 Notice to Proceed 1 day Mon 5/7/07 Mon 5/7/07 2 IDesign Phase 374 days Tue 5/8/07 Fri 10/10/08 3 Conce tuai Engineering 245 days Tue 5/8/07 Mon 4/14/08 4 Pre-Design Coordination Meeting 1 day Tue 5/8/07 Tue 5/8/07 5 Drainage Study 180 days Wed 5/9/07 Tue 1/15/08 6 Survey 60 days Wed 5/9/07 Tue 7/31/07 7 Prepare Conceptual Engineering Plans 30% 45 da s Wed 1/16/08 Tue 3118/08 8 30%Conceptual Plan Submittal 1 day Wed 3/19/08 Wed 3/19/08 9 Conce tuaI Plan Review by City 10 days Thu 3/20/08 Wed 4/2/08 10 Project Review Meeting 1 day Thu 4/3/08 Thu 4/3/08 11 Neighborhood Meeting 1 day Fri 4/4/08 Fri 4/4/08 12 Address DOE/Citizen Comments 5 days Mon 4/7108 Fri 4/11/08 13 Submit Plans to Utility Companies 1 day Mon 4/14/08 Mon 4/14108 14 Preliminary Engineering 136 days Fri 4/4/08 Fri 10/10/08 15 Prepare reliminary Plans and Specifications 60% 75 days Fri 4/4/08 Thu 7/17/08 16 60%Preliminary Plan Submittal 1 day Fri 7/18/08 Fri 7/18/08 17 Franchise Utility Relocations 60 days Mon 7/21/08 Fri 10/10/08 18 Preliminary Plans and Specifications Review by City 10 days Mon 7/21/08 Fri 8/1/08 19 Project Review Meeting 1 day Mon 8/4/08 Mon 8/4108 20 Final Engineering 33 days Tue 8/5/08 Thu 9/18/08 21 Prepare P eliminary Plans and Specifications 90% 15 days Tue 8/5/08 Mon 8/25/08 22 90%Preliminary Plan Submittal 1 day Tue 8/26/08 Tue 8/26/08 23 Final Plans and Specifications Review by City 5 days Wed 8/27/08 Tue 9/2/08 24 Project Review Meeting 1 day Wed 9/3/08 Wed 9/3/08 25 Incorporate Final DOE Comments 5 days Thu 9/4/08 Wed 9/10/08 26 iSubmit Final Plans and Specifications 100% 1 day Thu 9/11/08 Thu 9/11/08 27 Circulate Plans for Signatures 5 days Fri 9/12/08 Thu 9/18/08 28 Construction Phase 270 days Fri 9/19/08 Thu 10/1/09 29 Pre-Construction Assistance kdays days Fri 9/19/08 Thu 1/22/09 30 Advertise Project day Fri 9/19/08 Fri 9l19/08 31 Advertisement Duration s Mon 9/22/08 Mon 10/20/08 32 en Bids day Tue 10/21/08 Tue 10/21/08 33 M&C Circulation Process days Wed 10/22/08 Tue 11/11/08 34 Council Award days Wed 11/12/08 Tue 1/13/09 35 Execute Contract Documents Wed 1/14/09 Tue 1/20/09 36 Pre-Construction Nei hborhood Meetin Wed 1/21/09 Wed 1121/09 37 Pre-Construction Meetin Thu 1/22/09 Thu 1/22/09 38 Project Construction s Fri 1/23/09 Thu 10/1/09 39 Pavin and Draina a Construction s Fri 1/23/09 JThu 10/1/09 . . � � � � ����• ', �w+1lll�lli�!III I A no MEN a.. .. , � O `� I . lnu't.�-.... �������Q.�. �� l ff11 l IIIIIII��nu _�� 1 -.� .�.■..:. . ♦ ♦ ill IIIWEn �IL.1� ••-- --■ • • �. 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I111111�1�11■.���.1■IIph1.u11����L�' =`\ �� � ���� illalllllllll%1111111��111111(r11 V�,I �i 1� -� in :c •�\\���1� ►��IIIIIIIIII�.nlnuu���11��li'wl�`111�I�' = - `� �■■■■■ �- I 111111E .V `) J n1i���• � N.� r�� -t•�•til/_�(Illllll�ur,�_�__nlunu� ��,,� �+■ 1 \�lrrfllL�,- ', �\,� ��� //■yiv1►1 �:�11��� ::::�IIII�aIIa;,•• 'IIIIIIIII;C�/:����.�: ►\\ . I CI- ` � � .. ■■■■r11►AIIIIaI 111i1111111■:--��■w . �v1..� WIN 1\ \?L{�I����� �`�1rJ(, ���:���■u■�■ /Illutu101a 1I1111111{i. � `t�►t oil�/lam IIIIIII111111....--- � 1 - »l� IGi �Crjgi�' `� ►r1���' l►��1�I��III11►�� I,i............._u■r��■It�i■n1-�C.i■-��i1.�1.1/J\�� IMPROVEMENTS,ATTACHMENT E-1 PROJECT LOCATION MAP (COUNCIL DISTRICT 2) CULVERT AND CHANNEL • LOVING AVE. CHANNEL IMPROVEMENTS CITY PROJECT . • • , 1 1 w) i (, tt) TH *SURVEYORS G ,u:o- o 4 50' , 21 4 41+ DOE4 4 30 1 21 4 1 21 3 W 1 22 37- 8i 3 3 50 I I 1 22 F 3 2 H 23 0 2 17 2 2 1 i 117 2 1 23 � + 1 j 24 1 0' 1 �, 24 1 i 24 un uj- I p , 31 TH ST. I, I > _J 11 � 12 11 W 1 11 11 Z �, 13 12 lL 10 13 10 1 10 101 14 11 k rl) I r� I 14 9 0- 9 22.5' 911.5' 1 22.5' 10 m I 13A 8 22.5' 60' 8 I 8 8 1 1 16 9 22-5' 7 = , 16 7 1 7 7 17 8 U N ) 40 6 I 17 6 6 6 1g 0� 7 i '1 I 5 18 5 Q> 5 5 F L,, 19 = 6 4 i 19 4 J 4 4 117 11 20 �J 5 1 20 3 20 3 1 3 3 21 4 , 21 2 , 21 N30TH ST 1 2B•0• 2 Y= ( ' 2 =Q 3 1 22 * 24- —1 &6 L �� — — i �� J 1 2� + 2 1 23 1 1 24 22.5' 7 26 10 11 1 117 12 2448 M 2 I i 12"PVC PROPOSED 6 PROPOSED 6 I 7 6 1 13 8 EARTHEN _ MULTI-BOX CHANNEL �0 85 1 CULVERT 5 1 22.5' 14 7 7 — ®) 5 12.5' 4 2 2.5' 4 = 9 15J' F 6 10 cv I 4 00 3 10 3 0 16 c+ 5 LEGEND co 2 - 2 60' 01 , 17 00 � 4 18 3 2.5 12 1 o 1 :12� 1 rn ' 19 2 3T214 3+�5 j 12 1 F 12 PROP. EARTHEN Q CHANNEL AND 20 1 11 52 U) 11 2 11 MULTI-BOX Z CULVERT 29TH ST. uj 10 3 60' o 3 U) 10 11 10 Q 9 104 9 4 = 9 O 12 9 Z 1 8 5 U 8 5 U 8 7 6 7 6 7 1 89+�8 ATTACHMENT E-2 CHANNELIMPROVEMENTS (COUNCIL DISTRICT 2) CULVERT AND CHANNEL IMPROVEMENTS,CONTRACT 2006 LOVING AVE.CHANNEL IMPROVEMENTS CITY PROJECT NO.00626 DOE NO.5558 ® STREAM WATER GROUP,INC. FORT WORTH SEWER 8 WATER ENGINEERS• PLANNERS•SURVEYORS MAP:2038408 MAPSCO 62A 8 62E SCALE: 1"=200' 6737 N.+ sk*Rd.,Sw.aw 2036-412 ( yMp M_M nc 76m •:•��••7r � t.are.nn • L City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/12/2007 - Ordinance No. 17598-06-2007 DATE: Tuesday, June 12, 2007 LOG NAME: 30LOVINGAVE626 REFERENCE NO.: **C-22179 SUBJECT: Authorize Execution of an Engineering Agreement with Stream Water Group, Inc., for Loving Avenue Channel and Culvert Improvements (Project No. 00626) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$150,580 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$150,580; and 3. Authorize the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of$119,297 for the Loving Avenue Channel and Culvert 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. The scope of the project includes the preparation of plans and specifications to alleviate residential flooding that has occurred in the area adjacent to the Loving Avenue Channel and Culvert. Stream Water Group, Inc., proposes to perform the necessary design work for a lump sum fee of $119,297. City Staff considers this to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $31,283 is required by the Engineering Department for project management. Stream Water Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the Logname: 30LOVINGAVE626 Page I of 2 ILI 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 2022800626ZZ $150,580.00 1)PE69 538070 0209206 $150,580.00 2)P228 531350 202280062610 $4,800.00 3)P228 531200 202280062631 $33,119.00 2)P228 531350 202280062620 $6,883.00 3)P228 531200 202280062632 $66,238.00 2)P228 531350 202280062631 $3,000.00 3)P228 531200 202280062633 $11,040.00 2)P228 531200 202280062631 $33,119.00 3)P228 531200 202280062651 $8,900.00 2)P228 531350 20280062632 $10,000.00 2)P228 531200 202280062632 $66,238.00 2)P228 531350 202280062633 $5,000.00 2)P228 531200 202280062633 $11,040.00 2)P228 531200 202280062651 $8,900.00 2)P228 531350 202280062660 $800.00 2)P228 533010 202280062681 $800.00 Submitted for City Manager's Office W. Marc Ott (8476) Originating Department Head: A.Douglas Rademaker (6157) Additional Information Contact: Dena Johnson (7866) Logname: 30LOVINGAVE626 Page 2 of 2