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Home My WebLink AboutContract 35438� �� -.�� . ,� � /=?E�`�� --_ � ,r�: ; „�,�� aC? . CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENC�NEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and HDR, Engineering, Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project — Mercado Channel Improvements Article I Scope of Services A. The Scope of�ervices 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: Invoice and Payment The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. 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) Page 1 of 20 -''' •:� ..'��.0 -��;ti� ,;i�� ; r��?'�,'�Ci �°� . �� ,[',� jj j � !!'l� '.�t",:�j:1��3 ��?�5�� t�. _.._.� 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 representativ� under this Agreement, providing �rofessional engineering consultation and advice and furnishing custcsmary 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 empioyed 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 resp_onsibility 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) 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 C1TY and/or the CITY's consfruction contractors or other entit�es, and do not relieve the constru�tion contractors or any other entity � their obliCations, 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 precautiars required by such construction work. The ENGINEER and its persannel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the e�ent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being perfcrmed 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 Sch�dules (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 operat�onal 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 nQ# vary from th� ENGINEER's opinions, analyses, projectio�t�, 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. Minorifiy 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/OS) 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 �irectly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this cortract. ENGINEER agrees that the ClTY shalJ have access during normal working hours to all necessary ENGINEER facilitie� 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 e�fect 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 Properly Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT (REV 10/06/05) 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 _�overage A: S�d�utory limits Co�erage 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 i . �'.: 1s.� ,`i..'�:� . ,.,:� �,� . ,�j��%� .�i;�(��r,t� ��,.'r�"�� .:'�` =��: b :� �-7 ,:/1 .n�I^ � 1 "'i ��.'��: II� U' l S�1� ��,ul) �a�'`✓1:IIIiI�' ��J4��i1 (e) Insurers for all policies must be authorized to do business in the State of Texas and hav� a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (fl Deductible limits, or self insured retentions, affecting insurance required herein shall b�acce�#able to the Cf�^' in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through irsurance pools or risk retention groups must be aiso approved. Dedicated financial resources or letters of credit may also be accep�able to fhe City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. __ _ _ __ _ _ _ {i) The Commercial General LiabilitV ' insurance ' policy shall have :no exclusions by endorsements unless the CITY approves such exclusions in writing.' (j) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims- made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (I) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 iinancial interest, direct or indirect, in property abutting the proposed PRO�tCT and business relationships vviih abutting p�a�erty cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequen# ta the signing of this contract and prior to final payment under the contract. - f� --�s�estos or Hazardous Subs ances -- - (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/O6/05) Page 8 of 20 B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGlNEER 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 �ITY's facilities as may be r-equired 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 iequired 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/O6/05) Page 9 of 20 G. Contractor Indemnification and Claims The CITY agrees to in�lude in all construction contracts the �rovisions of Article IV.E. regarding the ENGINEER's Personnel ai Construction Site, and provisions providing contractor indemnification of the CITY and the ENGiNEER for contractor's negligence. H. Contractor Claims and Third-Pariy Beneficiaries (1) The CITY agr_ees 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-parly 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/O5) Page 1 D of 20 requests such services of the ENGINEER, this AGREEMENT shall be amPnded 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 chanCes 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 10/06l05) 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.) b.) Cost of ceproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements ror tre ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so a e wor e o is sui ab7e#or long ime stor�c,�e. (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 proceeaing with termination services. E. F. G. 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. 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). 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/OS) Page 12 of 20 ' �. � .J I. „ .,.. � ,> i t ! .. . � ? � t: . `�'�`� 1�.,� ``,��r, a�'-,'��i�1li:FJi -�1�1'' . .,. ,:� -, n � � qn ��o �.��`��'�'�'Irtl �� o 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 �r statutory liability, or any other cause of action, except far willful miscond;�ct or gross negligence for limitations of liabilifiy ar�d sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. uris ic�ion 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 inediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 20 L. Observe and Comply ENGINEER shall at all times observe and comply with ali 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 com�ly with all orders, laws er�inances and r�gulations which may exist or may be enac�ed c+uring the term of this AGREEMENT by governing bodies having jurisdiction or authority for such enactment. Na 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 rom an agams a c aims o-r liabilily arising ou o# t1�e violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 20 Article VII Attachments, Schedules, and Signatures This AGREEMENT, incl;�ding its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandirys; and may only be changed by a written amendment executed by both part�es. 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 Attachmert D - Project Schedule Attachment E - Location Map Executed this the �day of LWL , 20 � ATTEST: � , c� ; �f �,� + � � � ��-Marty Hendrix City S�retary `--�� ( __ __ . �'��ntraci� Au�}�o�iz�ti.o� �� --� __ _� _—, ►,��.� AP P, ATTEST: AS TQ�C�RN� AND LEGAUTY STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 15 of 20 CITY OF FORT WORTH By.�� 1r� Marc A. Ott r Assistant City Manager APPROVAL RECOMMENDED �� A. Douglas Rademaker, P.E. Director, Engineering Department 1 11'117 C.-. r..�orinn �nG � E G EER -- -�--�_ � . By: , � �-�� . - - TITLE: �/irP President � i ,:. � � -:: r�., � � �, ;�!'��'vJ�-` � s.,� �''J �, Jyl �� 4� �1� !n;55 r1,+�,J�:.j J; . u � n r r1 G?j' 7�' �!., ::'JLu :p �2r,� � � i..,�� - ATTACHMENT "A" -�- ..- . -. - "Scope of Services set forth herein can only be modified by additions, �larifications, 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 pr-ecedence over the General Scope of Services." ► :. 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) Geotechnicallnvestigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make 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 sh�ll be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worih 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 origina! plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Cepartment of Engineering and shall bec�me the property of #he City. City may use such drawings in any manner it desires; providea, 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 th� 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 ph�sing 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/OS) Page 17 of 20 10) 12) 13) 14) 15) Conceptuai 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 Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and w�#er/wastewater -facilities. The Engineer sf�all receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and prelimirrary estimates of probable construction cost. 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 Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 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. 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 ' '� J��J� i i a i ��j:�"J . �'�� c, f ��1 r.� � � .,_ J.�, 4 �r :_S'�:; .!: S lsl �`!,Il ^-n �r.��r U� �t��:7 '.i U, ',``."'1;'i: U �r, u ��la ; PHASE 4 16) Final Approved Construction Plans The Engineer shali furnish 45 bouna copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as author-�zed by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The En ineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and accepta i i y o 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 10/06/05) 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 �ocuments, review change orders and make recommendations as to the acceptability of the �vork, 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 10l06/05) Page 20 of 20 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEIVlENT TO ATTACHMENT "A") -� • • �,I : ��• .'►► • ■:= '►■ . �:• � � � : . � . � • : : � : ' ► I I ' : • 11 ► CITY PROJECT iVO. 00779 The following is a clarificafion of the iasks that the ENGINEER will perform under ATTACHMENT "a" wnr��der t�s attachment includPs the pre�aration of a drainaqe study for the proiect area described below and shown graphically in Attachment E: The existina Mercado ( City of Fort Worth has northeast and outfalls i West Fork Trinity River. hannel located northeast of 20th Street and Commerce Street in the experienced flooding problems. The existing Mercado Channel flows ito Marine Creek. Marine Creek flows southeast and outfalls into the The ENGINEER wiil prepare a hydraulic and hydrology drainage study for this channel from its head (beginning) to its confluence of Mercado Channel and Marine Creek. No channel improvement plans or specifications will be prepared under this scope. No FEMA work is proposed for this project. If FEMA is involved, it will be considered an additional service. Once the study identifies the required improvements necessary, a scope and fee will be prepared by the ENGINEER to prepare these improvement documents. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A— Data Acquisition, Collection and Inventory The data collected for this project includes existing information possessed by CITY and Federal Resources 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 specific requirements and guidelines from regulating entities for analysis. b. Define project specific goals, details and restrictions. c. Define exact limits of study upstream and downstram. d. Obtain existing or historic engineering data to use in performing hydrologic and EA1-1 oi/i9/o� Scope of Services hydraulic analysis (i.e. previous HEC-RAS or HEC-HMS models, soiis report, land use or zor�ing maps, topographic mapping data if possible). e. Obtain aerial photographic; FEMA reports and data, as-built plans, utility information and other relevant floodplain studies from government entities. 2. Field Work Perform two (2) engineering site visits to verify the study limits, delineate subwatershed boundaries, and identify hydraulic parameters including existing flooding and erosion problems, condition of pipe outfalls, and potential structural improvement locations. PART B — Topographic Data The field survey and topographic data gathering will include: 1. Survey a. Establish horizontal and vertical control for the project and set benchmarks at 500 foot intervals based on City of Fort Worth Vertical Datum. b. Provide a topographic survey of the existing drainage channel showing all existing features that would affect proposed project. These features include: buildings, tops & toes of slope, flowline of channel, telephone poles, power poles, all other utilities located on or above the ground, fences, retaining walls, manholes, property corners, water vaults, culverts at 20th Street & under 21St Street & 22"d Street and structures in the close proximity to the limits of construction. The length ofithe survey is approximately 1,800 linear feet with the limits of the survey beginning at Marine Creek and extending southerly to 2p`n Street. The width of the topographic survey shall be approximately 100 feet wide and shall extend approximately 50 feet left and right of the existing drainage channel. Provide a topographic survey of the Marine Park Detention Basin with shots taken on a 50-foo� grid. c. Provide research of the affected properties along the existing channel and locate property corners to establish the existing property lines. EA1-2 oi/i9/o� Scope of Services PART C— Hydrology and Hydraulic Analysis The drainage analysis will include: 1. Modeling & Analysis a. Hydrologic modeling will require drainage area delineation, s�ils classifications, ,� ..��+�.,,, �.,�I f� �II-y�gVglg��--Ia11�I�1S�-�Di'1SSJCIE�flnnG ,.,.,.,..� .._ . _ b. Hydrologic model simulation and calculations to obtain runoff amounts. c. Hydraulic modeling will in_clude a simulation of topographic conditions based on current and post-project conditions. The runoff values obtained through the hydrologic modeling would be used based on fully developed conditions. d. Preparation of engineering exhibits for re-grading of the crannel and culverts will be presented in the final drainage report. e. Floodplain mapping and creation of stream cross sections and profiles will be presented in the final report. f. Prepare required hydraulic and hydrology documentation based on CITY and/or regulating entity requirements. g. The final report will include options and impacts that the proposed Samuels Dam will have on the channel's design capacity. This proposed dam will assumed to be located on the West Fork of the Trinity River just east of the Samuels Avenue bridge and will be designed to maintain a normal water level of approximately 525 feet above sea level in the Trinity bypass channel and interior area. PART D — Project Development This scope includes coordination and communication procedures to be implemented between CITY and ENGINEER in completion of this project. 1. Project Coordination a. Conduct up to four (4) project status meetings with CITY. Meeting shall be used to update CITY as to status of project and to determine CITY preference in recommended improvement option. EA1-3 oi/i9/o� Scope of Services b. Conduct up to two (2) site visits to project site. c. Prepare monthly updates for Clii' identifying what work was accomplished, what item� are pending and what outstanding issues need immediate attention. 2. Report Pranara�niritt��cP t nrPlimina�anrl fit1R1 I'ennrt,--detai�ina�h�a�� tn ions m�de in the study, the results of the investigation and the options of probable cost for the recommended improvements. The report will contain results of computer models created in support of the study in both digital and hard copy format. EA1-4 oi/i9/o� Scope of Services ATTACHMENT "B" COMPENSATION AND SCHEDULE MERCADO CHANNEL HYDRAIlLIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS CITY PROJECT NO. 00779 Compensation . e ngineer s a e compensa e a o a ump , summarized in Exhibit "B-3" Payment of the iotal lump sum fee shali be considered full compensation for the services described in Exhibit "A-1" for all labor materials, supplies, and equipment necessary to complete the project. B. The Engineer shall be paid monthly payments as described in Exhibit "B-1" Section 1- Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. II. Schedule The Final Study shall be submitted within 90 working days after the "Notice to Proceed" letter is issued. A. Conceptual Study - 30 working days. B. Preliminary Study — 40 working days. C. Final Study & City Approvals - 20 working days. ATTACHMENT B- COMPENSATION AND SCHEDULE �' � � ��' � t. s �i:.� •J ti '�� ,�rf'.,� ;��!f]r,':�n.,.�:(7�`�n�1n �;� !� 11 i C'.��: ��':i �,�'�..`_� II ?�J� :/ u ,.�ti nq�f,. �i ,SI7 (l, �r �! i ti �Y . II� ., o'1:c'iL� .r`.��o ° -- --- —�^a EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") METHOD OF PAYMENT MERCADO CH�►NNEL HYDf�AULIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAfN IMPROVEMENTS CITY PROJECT NO. 007�9 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 Study submittal to City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibit "A-1 ", Preliminary Study submittal to 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 Study submittal to the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of the fee, less previous payments, shall be payable after approval of the final report by the City. II. Progress Reports 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 a format required by the City. EXHIBIT "B-2" (SUPPLEMENT �O ATTACF!lNENT "B") HOURLY RATE SCHEDULE MERCADO CHANNEL HYDRAULIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE S�ORM DRAIN IMPROIVEMENTS CITY PROJECT NO. 00779 Principal Senior Professional Registered Professional Professional Designer Technical Support Clerical/Administrative Support Principal/R.P.L.S Project Manager/R.P.L.S. Survey Technician/R.P.L.S. Survey Technician Two Man Field Crew w/ Equipment Three Man Field Crew w/ Equipment Four man Field Crew w/ Equipment One Man Field Crew w/ RTK — GPS Equipment Two Man Field Crew w/. RTK — GPS Equipment EB2-1 $215.00 $195.00 $155.00 $125.00 $85.00 $70.00 $60.00 $100.00 $88.00 $75.00 $56.00 $98.00 $120.00 $145.00 $100.00 $125.00 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL PROJECT FEES MERCADO CHANNEL HYDRAULIC AND HYDRDLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN IMFROVEMENTS ClTY PROJECT NO. 00779 Consultina Firm Prime Resaonsibilitv Amount Percent Prime Consultant: HDR Engineering Engineering & Project Management M/WBE Consultants: Gorrondona & Associates Surveying Total for Professional Services Note: Non-WBE Consultant - None. $39,860.00 73% $15,000.00 27% $54,860.00 100% Proiect Description Scoae of Services Total Fee M/WBE Fee Percent Engineering Services Hydraulic & Hydrology $54,860.00 27% Study B3A-1 EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT "B") PR�JFESSIONAL SERVICES FEE SUMMARY MERCADO CHANNEL HYDRAULIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN_IMPROVEMENTS CITY PROJECT NO. 00779 Fee Engineering Services $33,240.00 BASIC SERVICES TOTAL $33,240.00 Fee Surveying Services $15,000.00 Additional Services Fee $6,620.00 ADDITIONAL SERVICES TOTAL $21,620.00 LABOR Project Manager Professional Technical Support Clerical TOTAL LABOR FEES 80 hours x$195 per hour =$15,600 120 hours x$125 per hour =$15,000 24 hours x$70 per hour =$1,680 16 hours x$60 per hour =$960 TOTAL ADDITIONAL ENGINEERING FEES TOTAL SURVEYING FEES TOTAL FEES : : - $33,240 _ $6,620 - $15,000 - $54,860 EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT "B") PROFESSIONAL SERVICES FFE SUMMARY MERCADO CHANNEI.s}iYDRAULIC �►ND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS CITY PROJECT NO. 00779 A. SUMMARY OF TOTAL FEE B. BREAKDOWN OF ENGINEERING FEE (LESS SURVEY FEE) 1. Total Fee (less survev fee) Breakdown bv Concept Preliminarv and Final Report Conce t a. Draft (30%) _ (Engineering Subtotal) X (0.3%) b. Preliminary (60%) =.(Engineering Subtotal) X (0.6) c. Final (100%) _ (Engineering Subtotal) X (Q.1) I: : - $11,958.00 - $23,916.00 _ $3,986.00 $39,860.00 EXHIBIT "8-3C" (SUPPLEMENT TO ATTACHMENT "B") FEES FOR SURVEYING SERVICES MERCADO CHANNEL HYDRAULIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS CITY PROJECT NO. 00779 �urveyin� Services: Survey = $15,000.00 Survey Total = $15,000.00 Scope of Services: 1.) Establish horizontal and vertical control for the project and set benchmarks at 500 foot intervals based on City of Fort Worth Vertical Datum. 2.) Provide a topographic survey of the existing drainage channel showing all existing features that would affect proposed project. These features include: buildings, tops & toes of slope, flowline of channel, telephone poles, power poles, all other utilities located on or above the ground, fences, retaining walls, manholes, property corners, water vaults, culverts at 20'h Street, under 21 S� Street and 22"d Street and structures in the close proximity to the limits of construction. The length of the survey is approximately 1,800 linear feet with the limits of the survey beginning at Marine Creek and extending southerly to 20'h Street. The width of the topographic survey shall be approximately 100 feet wi�e and shall extend approximately 50 feet left and right of the existing drainage channel. Provide a topographic survey of the Marine Park Detention Basin with shots taken on a 50-foot grid. 3.) Provide research of the affected properties along the existing channel and locate pro�erty corners to establish the existing property lines. 4.) Deliverables shall include an Autocad digital file of the existing features located, property lines, a DTM with one-foot contours, property owner data, an ASCII file of the points located and a hardcopy of the field notes and coordinates of points located. �' ��i:l� 'I `�, �(i�'� �^,��`�.�ljir;� � � '�J � �..� JJ;1 f 1i1�-, I � t, ,� ii , � � r �'i �p�t'-� a ��:u � :;��.�I'�i,;,;p,1j; ' �, ' ;�.t;si'�� ;�� B3G1 f '��I� `�.'-�u�.�.,,�Ji� 4��,�, E , _�, EXHIBIT "B-3f3" (SUPPLEMENT TO ATTACHMENT "B") ADQlTIONAL SERVICES Nl�RGADO CHANNEL HYDRAULfC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS CITY PROJECT NO. 00779 Additional Services: – Public Meetings (none) – Special Coordination with Properry Owners – Coordination Meetings with TPW (4 meetings) – Monthly Progress Reports (E{ectronic) – Printing/Reproduction – Administrative Fee (10%) on M/WBE Firms Additional Services Total SUMMARY: _ $0 _ $500.00 _ $1,560.00 - $1,560.00 _ $1,500.00 - $1 500.00 $6, 620.00 – Public Meetings -- None – Special Coordination with Property Owners -- 4 hours @$125 per hr. – Coordination Meetings with TPW (4 meetings) -- 4 meetings x 2 hours x$195 per hr. – Monthly Progress Reports (Electronic) — 4 months x 2 hours x$195 per hr. – Printing/Reproduction -- $1,500 lump sum – Administration Fee on M/WBE Firms — 0.10 x$15,000.00 (Gorrondona Survey) B3D-1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD ENGINEERING AGREEMENT AND ATTACHMENT "A" IIfiERCADO CHANNEL HYDRAULIC AND HYDROLOGY DRAINAGE STUDY FOR FUTURE STORM � DRAIN IMPROVEMEi�TS NONE RflJE��1�f6: 0t�7�9 ��.''�7' ' I l „ I t f,' � U'r�� i � :J � , . \`,i,I�,L� Y��,.�`,,� i._q��.11�.�u Il C-1 �j �, .. .. °;.1;��', �L�:. t ATTACHAfiElVT D PROJECT SC�lEDULE DRAINAG� STUDY FQR FUTURE STORM DRAIN IMPROVE11T1ENTS TO IIIffRCADU CHANNEL CITY PROJECT NO. 00779 PROJECTED RCTUAL Task Name Duration Start Finish Duration Start Finish Notice to Proceed 0 da s Pre-Desi n Coordination Meeting 0 days Conceptual Study 30 days Prepare Conce tual Study (30% 20 days 30% Conceptual Stud Submittal 0 days City of Fort Worth Review 10 days Project Review Meeting 0 days Preliminary Stud 40 days Prepare Preliminary Study (60%) 30 days 60% Preliminary Study Submittal 0 days City of Fort Worth Review 10 days Project Review Meetin 0 days Final Study 20 days Prepare Final Study (90%) 15 days 90% Final Study Submittal 0 days Cit of Fort Worth Review 5 days Project Review Meetin 0 days Submit Final Study (100%) 0 days Start & Finish Dates Depends Upon "Notice to Proceed" ATTACHMENT "E" LOCATION MAP MERCADO CHANNEL HYDRAULIC AND HYDROLOGY DRAINAGE S�'UDv FQl� FUTURE STORtl�I DRAIN IMPROVENMENTS CITY PROJECT NO. 00779 T . 1! r , 1 H �` , �l � � ._ . � I a�`� � � #.'da}�`-#�t � �',1r�i,'_�S*+� „��l��—'�r ' L s x � .�i� �:�4:{�C�� r:?�t•xL:��",�,•'��nr�� :.�°,,; � �t� , - } � t�,i '�`r � F � k�;P''(.�� ;3s"?�'�L+-c` �� 1.._: ' S � S�.ir l : eJ�l i,�- _ ' - � xy�Zt ra�.;+�..� 4P�-.. 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'.•�ia • �.� �: i . � - � � r � �a.t - P �V �Ri� � .��',� Si'� }_ : t� ; �,t •Tu�i ��,�'�} � • � ` �. : '� t� ti .*�,� n: j34��1� r-;. _,,�F.y _�. !i='� , �y� . ,.. �� _ �+'. • '� � � � ~�' � ' N ` � • � ,r ,M• . � � � �� '' ' r �Rfwr�' = �� .1 �f�s��rar�tR �ti;� �ca a::,�,•;'�4'��'! # r�`� •�-K�`�.�Yr�� : — .�.�.�,i��'.,�•* . j' '�� i�;� - � r t.i 4 - � i� � . -.},;'.. • �'� � J � �� rf . ,.'Y , � n ." :i'f� f � �• S� J N' :L.S� � Y_ � f'��,�`• • ' . -� `3� ��? _ �f' � .. � . `'i�, � J � •. . �. � Y �'yf=' s ��. . . .��' ,. . . e*.� http:,'t�!rian��';rlfv�qna�s.�om. ..�. : ' , - - : � _ _ . __ -.�- ._ .• : �. r� City of Fort Worth, Texas Mayor and Council Cor�municati�n COUNCIL ACTION: Approved on 5/29/200�- Ordinance No. 17569-05-2007 �� DATE: Tuesday, May 29, 2007 LOG NAME: 30MERCAD000779 REFEI�ENCE NO.: **C-22146 SUBJECT: Authorize an Engineering Agreement with HDR Engineering, Inc., for Mercado Channel Improvements Study (Project No. 00779) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $63,090 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 $63,090; and 3. Authorize the City Manager to execute an engineering agreement with HDR Engineering, Inc., in the amount of $54,860 for Mercado Channel Improvements Study. 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 Mercado Channel storm drainage system has been determined to be inadequate. The scope of work for this project includes a hydraulic study and recommendations for design improvements to convey the 100-year storm in accordance with City guidelines and to provide erosion protection. HDR Engineering, Inc., proposes to perform the necessary study work for a lump sum fee of $54,860. City Staff considers this to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $8,230 is required by the Engineering Department for project management. HDR, Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 27 percent M/WBE participation. The City's goal on this project is 16 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: 30MERCAD000779 Page 1 of 2 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 1&2)P228 472069 2022800779ZZ 2)P228 531350 202280077910 �P228 5312D_0 202280077916 �P228 531350 202280077916 2)P228 531350 202280077920 $63,090.00 1 372.00 $54,860.00 $5,486.00 1 372.00 FROM Fund/AccountlCenters 1)PE69 538070 0209206 �P228 531200 202280077916 — u mifted�o� Ci y anager's Office v: arc Ott�� Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Dena Johnson (7866j — Lo gname: 3 OMERCAD000779 $63.090.00 $54.860.00 Page 2 of 2