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Contract 36749
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 LopezGarcia Group, Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project—Cooks-Ederville Culvert Erosion Protection 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 s,e, s, the , ENGINEER shall have no liability to CITY for delays or damage caused the, CITY because of such suspension of services. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 1 of 20 03-13-08 P03: 10 IN Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) OFFIC.,J iA Hlcob Page 2 of 20 � 01210ffif f 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 10/06/05) Page 5 of 20 '�f -'+' ` .':5 V�?1 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. m . (i) The Cornmercal GeheraJ Liability insurance policy shad have no exclusions by eradoi=sements ur�fs .:the ClT1( approves such exclusions in,rriri#ing;. (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. (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) V�� �HCWVB Page 9 of 20 q p1,ET pay �1 ((L•;NuJ7l�OIC�'(� Y��6(1 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 �v1v- ,[L (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 ENGINEERSs 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 10/06/05) Page 14 of 20 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B—Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the A day ofM 1((Ih , 20CE ATTEST: CITY OF FORT WORTH fh J\Jn��,k0,� By: � _ Marty Hendrix Fernando Costa, Acting City Secretary Assistant City Manager APPROVAL RECOMMENDED Contra t h thorization 1 A Douglas Rademaker, P.E. Date Director, Engineering Department APPROVEDS' TO FORLEGALITY Assistant City or ey Lope Garcia Group, Inc_ ENGINEER ATTEST: 07 NAME: Douglas C. Mikeworth, P.E. TITLE: Princopal STANDARD ENGINEERING AGREEMENT(REV 10/06/05) '��ti� � Page 15 of 20 44yyN`/j55� pQ in(lq ATTACHMENT"A" General Scope Qf Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 16 of 20 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. 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 17of20 V'� JVJIn� 1SVlv/J�v1D 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 Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 18 of 20 PHASE 4 16) Final Approved Construction Plans The Engineer 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 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 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 10/O6/05) Page 20 of 20 L O P E Z G A R C 1 A G R O U P EXHIBIT"13-3" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF DESIGN FEES Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No.00667 November 19, 2007 Ms. Dena Johnson, P.E. Engineering Manager Engineering Department Consultant Services Division City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102-6311 (817) 392-7866 Reference: . Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No.00667 Dear Ms. Johnson: We appreciate the opportunity to present this proposal and fee schedule for your consideration. Attached please find exhibits summarizing the scope of the above referenced drainage study, the schedule for completion of the study, and showing the location of the study. We propose to complete the proposed work in accordance with the following fee schedule: 1. Basic Engineering Fee Basic Engineering Fee (Drainage Study and Report) _ $48,019.00 10% Sub-Consultant Fee for(Drainage Study and Report) = (0.1 x$5,379.15) _ $ 538.00 10% Sub-Consultant Fee for Geotechnical Study and Report= (0.1 x$10,500.00) _ $ 1,050.00 10%Sub-Consultant Fee for Topographic Survey = (0.1 x$7,205.00) _ $ 721.00 Total Basic Engineering = $ 50,328.00 Exhibit B-3(#2).doc P06069.F-W 11/05/07 B3-1 Iggroup.com Water Gardens P1ace,100 East 15th Street,Suite 200,Fort Worth,Texas,76102 (817)390-1000 (817)882-9462 Fax L O P E Z G A R C I A G R O U P Exhibit B-3 Ms. Dena Johnson, P.E. November 19,2007 Page Two MWWBE Scope of Services Total Fee MWWBE Percentage Drainage Study& Report $48,019.00 $5,379.00 11.20% Geotechnical Study & Report $10,500.00 $2,625.00 25.00% Topographic Survey $7,205.00 $7,205.00 100.00% Reproduction $310.00 $0.00 0.00% Attend Meetings with City staff, site visits with City staff, public involvement meeting and exhibits, monthly progress, reports and monthly MWBE reports, $7,490.00 $0.00 0.00% Subconsultant Fee (10%) $2,309.00 $0.00 0.00% Total $75,833.00 $15,209.00 20.06% Proposed MWWBE % of Consultants Services Fees Total Fee GM Enterprises (DBE) Drilling Services for $2,625.00 3.46% Geotechnical Study And Report ARS Engineers, Inc. Drainage Study And $5,379.00 7.09% Report ARS Engineers, Inc. Topographic Survey $7,205.00 9.50% TOTAL $15,209.00 20.06% Exhibit B-3(#2).doc P06069.FW 11/05/07 B3-2 L O P E Z G A R C I A G R O U P Exhibit B-3 Ms. Dena Johnson, P.E. November 19,2007 Page Three Basic Engineering—Drainage Study And Report $ 48,019.00 Geotechnical Study And Report $ 10,500.00 Topographic Survey $ 7,205.00 Reproduction: 3 Sets of Conceptual Reports = (3 Sets)($0.15/Sheet)(100 Shts./Set) $ 45.00 3 Sets of Preliminary Reports = (3 Sets)($0.1 5/Sheet)(1 00 Shts./Set) $ 45.00 3 Sets of Pre-Final Reports= (3 Sets)($0.1 5/Sheet)(100 Shts./Set) $ 45.00 5 Sets of Final Reports= (5 Sets)($0.15/Sheet)(100 Shts./Set) $ 75.00 Mounted Exhibit for Public Meeting = (2 Exhibits)($50.00) $ 100.00 Subtotal $ 310.00 Attend Meetings with City staff, Site Visits with City staff, Attend Public Involvement Meeting, Monthly Progress Reports, and Monthly MWBE Reports $ 7,490.00 Subconsultant's Fee (10%) $ 2,309.00 TOTAL $ 75,833.00 We will be using ARS Engineers, Inc. (a MWBE) for some engineering services and for surveying services on this project. We will also be using Fugro Consultants LP, for geotechnical services on this project. Sub-consultant GM Enterprises (a DBE) will be providing drilling services for Fugro Consultants LP, for their use in preparing the geotechnical report. The total MWWBE Participation for this project is 20.06%. If you have any questions or require additional information, please give me a call. Sincerely, LOPEZGARCIA GROUP t� Douglas C. Mikeworth, P.E. Principal, Municipal/Site Development Manager DMT:jtd Exhibit B-3(#2).doc P06069.FW 11/05/07 63-3 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") PROFESSIONAL SERVICES: DRAINAGE STUDY FOR FUTURE IMPROVEMENTS FOR EROSION PROTECTION FOR THE COOKS LANE AND EDERVILLE ROAD CULVERTS CITY PROJECT NO. 00667 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes the preparation of a drainage study for the project area described below and shown graphically in Attachment E: There is currently an erosion problem downstream of two culverts on an unnamed, but studied, tributary stream of Cottonwood Creek in east Fort Worth. The two culverts are located near the intersection of Ederville Road and Cooks Lane, with one culvert beneath each street. The culvert on Ederville Road is a 2 barrel — 10' X 7' concrete box culvert. The culvert on Cooks Lane is a 2 barrel — 10' x 8' concrete box culvert. Refer to Attachments E-2, E-3 and E-4 for the location of the culverts and the tributary stream. The erosion is occurring immediately downstream of the concrete apron or riprap on both culverts. The erosion is undermining the concrete and will eventually cause it to fail. Due to the relatively steep grade of the stream, erosive velocities in the stream are expected. Both culverts were constructed in the early 1980s. Considerable development has occurred and is still occurring upstream. Both culverts may be undersized for the Q100 design discharge for ultimate development conditions. A more recent drainage study of the unnamed stream includes a larger upstream area than that shown on the drainage map in the record plans for Ederville Road. Cottonwood Creek and the unnamed tributary have both been studied recently. A CLOMR was prepared for Cottonwood Creek and the unnamed tributary in late 1999, by Morrison Hydrology Engineering, Inc. and was submitted to FEMA by the City for approval in early 2000. The scope of this study will include three phases. The first phase will be to review the previous study (or studies) on the unnamed tributary and to verify the Q100 discharges for both culverts for ultimate development conditions. The area of the drainage basin of the unnamed tributary stream is approximately 553 acres. If necessary, the hydrology for the drainage basin will be updated utilizing data from earlier studies and any new data that could affect the design discharges for the stream. If an update is required, a unit hydrograph analysis utilizing the SCS Hydrologic Method will be used to determine the Q100 discharge (and other design storm discharges) for ultimate development conditions. The second phase of the study will be to use the design discharges to evaluate the existing flow characteristics of the unnamed channel for both existing and ultimate development conditions. The HEC-RAS program will be used for the analysis. The limits of the HEC-RAS study of the unnamed tributary will extend northwest from the stream confluence with Cottonwood Creek to a point approximately 1000' to the west EA1-1 ''' '� �)�.11�l a1 ' 01/19/07 P06069.FW Scope of Services(#2) of the two existing culverts to a point where the unlined natural channel ends and an enclosed storm drain system begins. The starting elevation for the HEC-RAS study will be taken from the study that was done for Cottonwood Creek in late 1999. The HEC-RAS analysis will utilize surveyed cross section information and information from 2' LIDAR topography from the City (preferred by the City). The surveyed cross section data will extend 200' upstream and downstream of the existing culverts. The survey will also include data on the geometry of the existing culverts. The hydraulic capacities of the existing culverts will be analyzed to determine the adequacy of the culverts to convey the Q100 design discharge under the streets (the headwater elevation must be 1' below the adjacent top of curb). If additional boxes are required, the number and size of additional boxes will be determined. The third phase of the study will be to address the erosion problems downstream of both culverts. Elimination of the erosion problems is the primary reason for this drainage study and will be the main focus of the study. The study will include alternatives for eliminating the erosion problems immediately downstream of the existing culverts. The HEC-RAS program will be used to analyze alternatives for re- channelization of the stream in the area of the culverts. For this study, the length of stream to be studied for proposed improvements extends from a point 500' upstream of the Ederville Road culvert, through both culverts to a point 500'downstream of the Cooks Lane culvert. Various methods of energy dissipation will be investigated, such as rock riprap, gabion drop structures, and others methods to determine what will work best to improve the channel downstream and to protect the existing culverts from erosion. The study will also address methods to reduce the sedimentation that is occurring upstream of and within the culverts. As part of the study, a geotechnical engineer will be secured by subcontract to provide professional services to study the problems with erosion and sedimentation and to make recommendations for improvements. The geotechnical study will include soil borings at the site, laboratory testing, a soil stability analysis, and a report summarizing conclusions and recommendations. A drainage report will be prepared summarizing the results of the study including input/output data for the hydrologic/hydraulic analysis, preliminary plan and profile sheets showing the proposed improvement alternatives, conclusions of the study, and recommendations for improvements, including cost opinions for the alternatives considered. Additionally, an evaluation will be made of the need by the City to prepare various environmental permits (404 permit, TPDES construction activity permit, etc.) for submittal to regulating authorities during the final design/construction phase. The scope of this study will also include necessary site surveying to provide basic data for the hydrologic/hydraulic analysis. A surveyor will be secured by subcontract to provide professional surveying services for this project. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: EAl-2 01/19/07 P06069-FW Scope of Services(#2) PART A- Data Acquisition, Collection and Inventory The data collected for this project includes existing information possessed by the CITY in the form of studies, maps, construction plans, and digital files as well as information generated in the field specifically for this project. 1. Data Collection a. Obtain available topographic maps, zoning maps, land use maps, and thoroughfare plans within the study limits from CITY. b. Obtain "As-Built" plans for existing bridges, culverts, paving, grading, and drainage construction within the study limits from CITY. c. Obtain digital copies of latest versions of digital aerial topographic and photographic data from CITY. d. If necessary for the project, obtain effective LOMR and all documentation, including hydrologic and hydraulic models, from CITY for the area immediately upstream of this project area. If information is unavailable from the CITY, ENGINEER will request information from FEMA. 2. Field Work a. Perform two (2) engineering site visits to verify the study limits, delineate sub watershed boundaries, and identify hydraulic parameters including existing flooding and erosion problems, condition of pipe outfalls, and potential structural improvement locations. b. Field surveys will be obtained as necessary for the project, including cross- sections as appropriate. If necessary, engineer will notify residents via mail outs to be approved by city. The mail out shall be on company letter head and shall include the following project name, limits, DOE project no., brief description of project, the consultant's project manager and phone no. PART B - Hydrologic Analysis This scope includes the tasks necessary to develop hydrologic models of the study areas. Study discharges will be obtained for a range of return events, assuming fully-developed watershed conditions. Existing conditions hydrologic models for contributing watersheds for applicable projects are available in either HEC-1 or HEC-HMS format, either from CITY or FEMA. Hydrologic Analysis a. Prepare a drainage area map using an appropriate scale from available contour maps. b. Delineate sub-watersheds as necessary to analyze existing drainage patterns within the study area, as well as to identify and define proposed improvements. EA 1-3 01/19/07 P06069TW Scope of Services(#2) c. Obtain hydrologic parameters for each sub watershed including precipitation data, time of concentration, and land use category. d. Create a fully developed hydrologic condition land use map based on aerial photography and the City's land use/zoning maps. e. For applicable projects, execute models to obtain 10-, 50-, 100- and 500- year return event discharges for use in CLOMR submittals to FEMA. PART C - Hydraulic Analysis This scope includes the tasks necessary to size drainage facilities based on fully developed watershed discharges, consistent with criteria in the City of Fort Worth Storm Water Management Design Manual, March 2006 edition. 1. Existing Conditions Analysis a. Perform initial hydraulic calculations based on site visits, previous documentation and information OWNER has obtained from residents to confirm location of existing drainage concerns and operation of existing storm drainage facilities, if any. 2. Recommended Improvements a. Develop a hydraulic model of closed system improvements for the study area. The City's two-foot topographic data will be used to generate elevations for the system. The proposed improvements will include sizing and locating inlets, leads, laterals, and storm sewer mains to convey design discharges to desired outfall locations. b. Up to two (2) improvement options will be developed based on coordination with City Staff. Conceptual cost opinions will be generated for each option to assist in selection of improvement option. One improvement option will be selected for final modeling. Recommended improvements may include water quality considerations to limit sediment transport through proposed improvements. c. Provide CITY with results of analysis in both digital and hard copy format. Up to three (3) concept and preliminary revision sets will be prepared for OWNER review and comment in preparation of final exhibits, report, and documents. Opinions of Probable Construction Cost will be provided for the selected recommended improvement option. PART D— Project Management This scope includes coordination and communication procedures to be implemented between OWNER and ENGINEER in completion of this project. EA 1-4 O1/19/07 P060691W Scope of Services(#2) 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. b. Conduct up to two (2) site visits to project site with CITY, upon CITY request. c. In coordination with CITY, conduct one (1) public involvement meeting to supply project information, goals, and schedule to the surrounding residential community. ENGINEER will prepare up to two (2) graphical exhibits for use in public presentations. d. Prepare monthly updates for CITY identifying work that was accomplished, what items are pending, and outstanding issues that need immediate attention. 2. Report Prepare concept, preliminary, and final reports detailing the assumptions made in the study, the results of the investigations, and the opinions of probable cost for recommended improvements. The reports will contain results of computer models created in support of the study in both digital and hard copy format. EA 1-5 01/19/07 P06069.FW Scope of Services(#2) ATTACHMENT "B" COMPENSATION AND SCHEDULE Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane and Ederville Road Culverts City Project No.00667 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $75,833 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 Exhibit "A-V for all labor materials, supplies, and equipment necessary to complete the project. All permitting, application and similar project fees will be paid directly by the City. 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 (Working Days)— Refer to Attachment D for the complete schedule. A. A concept report shall be submitted within 130 working days after the "Notice to Proceed" letter is issued (includes 20 working days for City review). B. A preliminary report shall be submitted within 25 working days after approval of the concept report (includes 10 working days for City review). C. A final report shall be submitted within 25 working days after approval of the preliminary report (includes 10 working days for City review). AttachmentB(#2).doc9111� MVY.nt P06069.FW �j l9VN:J 11/05/07 B - 1 ITf EC EViI,1� FT. 1t1,11H, TEK. EXHIBIT "13-1" (SUPPLEMENT TO ATTACHMENT"B") METHOD OF PAYMENT Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts CITY PROJECT NO.00667 I. Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until delivery of the concept report, a sum not to exceed 30 percent of the total lump sum fee. Until delivery of the preliminary report, a sum not to exceed 60 percent of the total lump sum fee. Until delivery of the final report, a sum not to exceed 90 percent of the total lump sum fee. The balance of the fee, less previous payments, shall be payable after approval of the final report by the City. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of the study in the format required by the City. Exhibit B-1 (#2).doc P060691W 11/05/07 131 - 1 EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT "B") Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts CITY PROJECT NO.00667 LOPEZGARCIA GROUP Standard Rate Schedule (Effective 5/2006-4/2007)* Labor Category Rate Principal $165.0 Project Manager $155.0 Senior Civil Engineer $135.0 Civil Engineer $115.0 Civil Engineer-In-Training $75.0 Civil Designer $85.0 CADD Technician $65.0 Senior Electrical Engineer $145.0 Electrical Engineer $115.0 Electrical Engineer-In-Training $90.0 Electrical Designer $80.0 Senior Mechanical Engineer $135.0 Mechanical Engineer $115.0 Mechanical Engineer-in-Training $75.0 Plumbing Designer $80.0 Senior Environmental Engineer $135.0 Environmental Engineer $115.0 Environmental Engineer-in-Training $75.0 Senior Structural Engineer $135.0 Structural Engineer $115.0 Structural Engineer-In-Training $75.0 Senior Planner $140.0 Planner $115.0 Junior Planner $70.0 Senior Environmental Scientist $120.0 Environmental Scientist $85.0 Junior Environmental Scientist $60.0 Environmental Field Technician $55.0 Principal Investi ator Cultural Resources $90.0 Project Archaeologist $65.0 rchaeolo ical Technician III $55.0 Senior GIS $115.0 Junior GIS $65.0 Senior Clerical/ Project Administrator $65.0 Junior Clerical/ Project Administrator $55.0 Surveyor- RPLS $130.0 Surveyor- LSIT $85.0 Survey Technician $75.0 -Person Survey Crew $115.00 3-Person Survey Crew $135.00 -Person Survey Crew $170.00 -Person Survey Crew(GPS Equipment) $150.00 3-Person Survey Crew(GPS Equipment) $175.00 Exhibit B-2(#2).doc P06069TW 11/05/07 B2 - 1 EXHIBIT "13-2" HOURLY RATE SCHEDULE -Person Survey Crew(GPS Equipment) 210.0 -Person Survey Crew OSHA Trained $140.0 -Person Survey Crew OSHA Trained) $165.00 Construction Manager $110.0 Resident Engineer $105.00 Senior Construction Inspector $85.00 onstruction Inspector $70.00 Reimbursable expenses will be billed at cost plus 10%. * Rates subject to 5%annual escalation. Exhibit B-2(#2).doc P06%9.FW 11/05/07 B2 - 2 EXHIBIT "B-3A" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts CITY PROJECT NO.00667 Consulting Firm Prime Responsibility Amount % Prime Consultant: Amount 69.56% LOPEZGARCIA Drainage Study and GROUP Report $52,749.00 69.56% Proposed MWWBE Sub-Consultants I Amount 20.06% ARS Engineers, Inc. Drainage Study and Report $5,379.00 7.09% ARS Engineers, Inc. Surveying $7,205.00 9.50% GM Enterprises Drilling Services for Soil Borings i $2,625.00, 1 3.46% Non-MWWBE i Consultants: Amount 10.38% Fugro Consultants LP Geotechnical Testing, Study and Report $7,875.00 10.38% Project Description Scope of Services Total Fee MWBE Fee Percent Drainage Study For Drainage Study And $75,833.00 $15,209.00 20.06% Future Improvements Report, Geotechnical For Erosion Protection Testing And Report, For The Cooks Lane And Surveying And Ederville Road Culvert Exhibits B3-A(82).doc P06069.FW 11l05*7 B3A - 1 EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No. 00667 SURVEYING SERVICES Fee Survey $ 7,205.00 Survey Total $ 7,205.00 SURVEYING SERVICES 1. Survey Description— Establish horizontal control, establish vertical control, tie existing culvert headwalls and pipes at Cooks Lane and Ederville Road, cross-section survey of 150' wide strip from 200' north of Ederville Road to 200' east of Cooks Lane, including curbs and inlets at street crossings, cross-section survey of 150' wide strip south of Ederville Road from channel to 200' west, tie trees 6" and larger, deed and utility research $ 7,205.00 TOTAL = $ 7,205.00 Exhibits 63-C(#2).doc P06M9.FW 11105/07 B3C - 1 EXHIBIT "B-3D" (SUPPLEMENT TO ATTACHMENT B) ADDITIONAL SERVICES Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No. 00667 PRINTING COSTS Description Quantity Total Cost Concept Report 3 reports @ $ 45.00 $15.00/re ort Preliminary Report 3 reports @ $ 45.00 $15.00/re ort Exhibits for Neighborhood Meeting 2 each @ $ 100.00 $50.00/each Pre-Final Report 3 reports @ $ 45.00 $15.00/re ort Final Report 5 reports @ $ 75.00 $15.00/re ort Total Cost $ 310.00 Exhibits B3-D(#2).doc P06069.FW 11/05/07 B3D - 1 EXHIBIT "B-313" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederviile Road Culverts City Project No. 00667 BASIC ENGINEERING DESIGN FEE Fee Engineering Services $ 50,328.00 BASIC SERVICES TOTAL $ 50,328.00 Fee Surveying Services $ 7,205.00 Additional Services Fee $ 18,300.00 ADDITIONAL SERVICES TOTAL $ 25,505.00 BASIC ENGINEERING SERVICES 1. Field visits, records research, prepare drainage maps, delineate CN areas, use SCS method to compute design discharges, develop the storm hydrograph $ 21, 894.00 2. Using the HEC-RAS program, evaluate the capacity of existing culverts, evaluate alternatives for channel improvements, prepare preliminary plans for alternatives for improvements, prepare cost opinions for alternatives, evaluate need for environmental permits $ 19, 750.00 3. Prepare drainage study report, $ 6, 375.00 4. Subconsultant Fee $ 2, 309.00 TOTAL = $ 50,328.00 Exhibits B3-B(#2).doc a f i P06069TW B3B - 1 v��tly 3NU`S' !11y EXHIBIT 6'13-313" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No. 00667 A. SUMMARY OF TOTAL FEE Fee Engineering Services $ 50,328.00 Additional Engineering Services $ 18,300.00 Engineering Subtotal $ 68,628.00 Surveying Services $ 7,205.00 PROJECT TOTAL $ 75,833.00 B. BREAKDOWN OF ENGINEERING FEE (LESS SURVEY FEE) 1. Total Fee (Less Survey Fee) Breakdown by Concept, Preliminary and Final Report a. Concept (30%) = (Engineering Subtotal) X (0.3) _ $ 20,588.40 b. Preliminary (60%) = (Engineering Subtotal) X (0.6) _ $ 41,176.80 C. Final (100%) = (Engineering Subtotal) X (0.1) _ $ 6,862.80 TOTAL $ 68,628.00 Exhibits B3-B(#2).doc P06069.FW 11/05/07 B3B - 2 3" LL� N m O O a g 88 0m 0 X888:m8SN"' ��j pm 888RSm 9^9^^meg 33 Ya) VV NN N�mhm Ob�F 0, R f fffNG !M{ N„1 'O _ S E b NIVN 4.6 ENO N NM NN MMNN NN NNNN;��'� �k nyM n� Y� ` N11� NNNN NN NNNNN oo tNV p`' IV IV J if z f f ^r''e f ■ .. f� � N' .� .-C Sh '?� vi O� � A gg E aq }IF N W ue x c 0 Irx It °2 RHO O Q O 0 �� N m N fmmNmfm 00"m N N m K w q ZW p � m m �fm� mmmmm Q Z U.m jy Y. 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W Y1���L��IV 1�� �IY�V�IIYV Z LL O N �O O� N� O a wwwww..w.o p Y O O- O O m C U ddd(9 U W»U ,J N O a f W U U W 1 C �2 W W W f C7 G �W F m O � n p s W O U oD 111 LL c W qF LL O f c'6 N m W 2 O W O W 1�m` 3 w c o 0 1- q• U _L Yi j 0 c_N m u m t 7 G Q U m O s w c7 0~ W O O W u w In w ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Drainage Study for Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No. 00667 NONE Attachment C(#2)Aoc P060691W 11/05/07 C-1 f�■■■■■■■■■■■■■■■■■■■■■■■■■■■- ONENESS■■■■■■ -BE■■■■■■■■■■■■■■■■■■■■■■■■■■= ■■■■■■■■■■■■■ BE■■■■■■■■■■■■■■■■■■■■■■■ ■■-■■■■■■■■■■■■■ 0■■■■■■■■■■■■■■■■■■■■■■■E=0 ©E■■E■■■■■■■■■ a■■■■ENE■■■■■■■■■■■■■■■■E ' ■■■■■■■■■■EE■E■ =ME■■E■E■■■■E■■■■■■■■■NONE- ■■■■■■■■■■■■■■■ 8E■■■■■■■■■E■■■■■■E■ ■■■ ©■■■■■■■■■■■■■■■■ a■■■■■■■SEEN■■■■■ on ■■■■■■■■■■■■■■■■■■E■ _BEN■■■■■■■■SEEN■E�EE= ■■■■■■■■■■NEE■■■■EN■ B■■■■■■■■■■■■■■■■=■ ©■■■■■■■■■■■■■■■■■■■■■ MEEE■■EEE■EEE■ on ■■NEE■■■■■■■SEE■■NEEEE ©■■■■■■■E■■■■ =■■© ■■E■■■■■■■■■■■■■■■■■■N■ a■■■■■■■E■■■E ■■■■■■■■■■■NN■■■■■N■■■■■■■ -a■■■■■■■■■■■■ - ■■■E■■■■■■■■■■■■■■■■■■■■■■ ®■■■■■■■■■■■■ ©■■■■■■■■■■■■■■■■■■■■■■■■■■■ ©NEE■■■■■■■■■ ■■■■■■■■■ENE■■■■■■■■SEEN■■■■ B■E■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■O■■' =M■■■■■■■■■■■ ■■N■■■■■■■■■E■■■■■■■■■■■■■■■■ a■■■■■■■■■■■ ■■■NEE■■■NEE■■■■■■E■■■■■■■■■■ M■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ a■■■■■■■■■WMEMMEMMEM ■■■■■SEE■■NEE■■■■■■■■■■■■■E■■E■ ©■■■■■■■■ ■■E■■■■■E■■■■■■■■■■■■■■■■■■■■■N■ WE■E■■■E■ EE■■■■■■■■■■■■■■■■■■■■■■■■■■■■N■ =a■■■■■■■■ ■■■■■■■NEE■■■■■■■■■■NEE■■■■■■■■■ a■■■■■■■■ ■■■E■■■■■■■N■■■■■■■■■NNE■■■■■■■■ MEN■■O■E■ ■■NEE■■■■■■■■■■■■■■■■■■■■■■■■NNE 8■■■■■■■ ■■EO■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ =MONO■■■■ ■■■SEE■■■■■■■■E■■■■■■■■■■NNN■■■■■ ..BEE■■■■■ ■■■■■■■■■■■■■■E■■■■■■■■■■■■■■■■■■ 0■■■■■■■ ■■■■■■■■■■■■■■ENEE■■■■ENE■■NNE■■■' _B■- -■ ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■NEE■■■ .,8■- -■ ■ ■■■■■■■■■■■■■■NEE■■E■E■■E■E■EEEEE■ WE ■ ■■■■■■■■■■■■■■NEE■■■■■■■■■■■■■■■■■ ©■©© ■■■■■N■■■■EE■■■E■■ONENESS■NONE■■■E■ i � , E1 t ATTACHMENT"D-1" PROJECT SCHEDULE CITY OF FORT WORTH ENGINEERING Drainage Study For Future Improvements For Erosion Protection For Cooks Lane And Ederville Road Culverts City Project No.00667 SCHEDULE 11CIty of Fort Worth PROJECTED ACTUAL ID Task Name Duration Start Finish Duration Start Finish I. CONCEPT REPORT 130 days Mon 12/03/07 Fri 03/30/08 days 1. Notice-to-Proceed 0 days Mon 12103/07 Mon 12/03107 days 2. Kick Off Meeting 0 days Mon 12/03/07 Mon 12/03/07 da a 3. Topographic Survey 10 days) 0 days Mon 12103107 Fri 12/14107 days 4. Geotechnical Testing and Report 25 days) 0 days Mon 12/03/07 Fri 01/04/08 days 5. Data Collection from City) 5 days,Mon 12/03/07 Fri 12/07/07 days 6. Hydrologic Analysis 20 days Mon 12110/07 Fri 01/04108 days 7. Setup Hydraulic Models 20 days Mon 01/07/08 Fri 02/01/08 days B. Develop Improvement Scenarios 25 days Mon 02/04/08 Fri 03/07/08 days 9. City Review 10 days Mon 03/10/08 Fri 03/21/08 days 10. Final Models 15 days Mon 03/24/08 Fri 04/11/08 days 11. Cost Opinions 10 days.Mon 04M4/08 Fri 04/25/08 days 12. Prepare 30%Concept Report 15 days Mon 04/28/08 Fri 05/16/08 days 13. Iconceptual Report Submittal to DOE 0 days Fri 05/16/08 Fri 05/16108 days 14. City Review of Conceptual Report 10 days Mon 05/19/08 Fri 05/30/08 days II. PRELIMINARY REPORT 25 days Mon 06/02/08 Fri 07/04108 days 15. Neighborhood Meeting 0 days Wed 06/04/08 Wed 06/04/08 da s 16. Address DOE/Citizen Comments 5 days,Mon 06/02/08 Fri 06/06/08 days 17. Prepare 60%Preliminary Report 10 days Mon 06109/08 Fri 06/20108 days 18. Preliminary Report Submittal to DOE 0 days Fri 06/20/08 Fri 06120/08 days 19. City Review of Preliminary Report 10 days Mon 06/23/08 Fri 07/04/08 days III. FINAL REPORT 25 days Mon 07/07/08 Fri 08/08/08 days 20. Incorporate DOE Comments 5 days Mon 07/07/08 Fri 07/11/08 days 21. Prepare 100%Final Report 5 days,Mon 07/14/08 Fri 07/18/08 days 22. Final Report Submittal to DOE 40da Frl 07118/OB Fri 07/16/08 da s 23. CI Review of Final Re ort Mon 07/21/08 Fri 08/01/08 da s 24. Inco orate DOE Comments Mon 08/04/08 Fri 08/08/08 da s 25. Resubmit Revised Final Report to DOE Fri 08/08/08 Fri 08/08/08 days vowes.rw 11105M r:y.a sonar D1-1 ATTACHMENT E-1 LOCATION MAP Drainage Study For Future Improvements For Erosion Protection For The Cooks Lane And Ederville Road Culverts City Project No. 00667 Attached are pages showing the location for the drainage study for future improvements for erosion protection for the Cooks Lane and Ederville Road Culverts. The pages are numbered E-2 to E-4 and are as follows: E-2. Project Site Map E-3. Detailed map showing the location of the Cooks Lane and Ederville Road Culverts to be studied for improvements. (Mapsco Page 67W) E-4 Map showing the approximate drainage basin to be studied. (Mapsco Page 67W) Attachment E(#2).doc C% �\`1+�''�� �• V V+`•� Pow".FW 11/05/07 E-1 �Y ,:�•�J.�YYU� Y�utl CITY OF FORT WORTH � I I J % COOKS LANE AND EDERVILLE ROAD ti CULVERTS COUNCIL DISTRICT NO. 5 ` } MAPSCO NO. 67W SCALE: N.T.S. ATTACHMENT E-2 DRAINAGE STUDY FOR FUTURE IMPROVEMENTS FOR EROSION PROTECTION FOR THE COOKS LANE AND EDERVILLE ROAD CULVERTS Y� La:"✓? � �GN. LOP street IA GROUP FoRTW(;RTH 100 E.15[h (817)390-1000 Suite I00 (817)882-946I Fax Fort Worth,Texas 7610I wwwlopezgardagroup.com I,\P06069.FW - Fore,t Perk. Cook, 6 C,rt,n Drainage\-2 Cooks-Ed—ill, Culverts Ero,i on Protection\Dawi ca♦ u—F�. A r — 1-0 EX. 2-10'X7' BOX CULVERT : \�'-'_;;`�/ Rfl` ,•�• �- _ EX. 2—10'XB' BOX CULVERT \\ \ \\ , i. 13 f i\ •J/ '� :'� r �' l 1 EXISTING UNLINED _T1 i CHANNEL / fit.: / SCALE: N.T.S. LEGEND COUNCIL DISTRICT NO. 5 EX. STORM DRAIN ---------- MAPSCO NO. 67W DRAINAGE AREA - -- - - RIGHT OF WAY ------------- CURB LINE ATTACHMENT E-3 DRAINAGE STUDY FOR FUTURE IMPROVEMENTS FOR EROSION PROTECTION FOR THE COOKS LANE AND EDERVILLE ROAD CULVERTS LOP Street CIA GROUP FoRTWORTH ' 180 E ISth Street (817139o-1000 Suite 20D (817)882-9462 Fax FortWortlt Terms 76102 wwwJopezqudagroupcom 1.\PO6069.FW - Fereet Park, Cooke 0 Cart— 0rsine{e\•2 Cooke-Ederville Culverts Erosion Protection\DGMCooksLeneE3.shi r rr mop 'q ` ..-gym' f1, �.`\\�._ 11 'I ' • ,�\ \ `I`\- V I -�\ '� / F _-t\ J STUDY AREA 553 ACRES J 1_r T .c a tl.l! �•?� i ti ,.,•, r�T �E�' "� -; .�f "ram .*('l r ( �a � - b 9 ,!�/i• ,'-- ,x ..5 J'�^ �1-.a �r li: �\ �`�f �4. EW `[rf-� `y r Y•� 4! r, k � \ ,�,• \\ F J / \), 3Ir�� \ \vas \ / 4 /y i. . ........ 40 20W �.r �e III/ II '.:.�1+'r`,✓ - ^� _ .`t '` .(), SCALE: N.T.S. LEGEND COUNCIL DISTRICT NO. 5 EX. STORM DRAIN --------- MAPSCO NO. 67W DRAINAGE AREA — — — — — RIGHT OF WAY — CURB LINE ATTACHMENT E-4 DRAINAGE STUDY FOR FUTURE IMPROVEMENTS FOR EROSION PROTECTION FOR THE COOKS LANE AND EDERVILLE ROAD CULVERTS LD P IA GROUP FoRTWORTH - 10061sth Street sveet (e1n�laoo suite 20D (817)882-9462 Fax Fort Worth Texas 76102 wwwJopezgardagrooptom 1.\PG6069.FW - For..t P—k, Gook.• C.rt.. Dr.in.,.\•2 Cook.-Ed. i 11. Culverts E...io.+ Pr.t..ti. \DGMACO k.L...E6..ht 1.17.47 PM 2/15/2007 Y K City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/15/2008 - Ordinance No. 17949-01-2008 DATE: Tuesday, January 15, 2008 LOG NAME: 303COOKS00667 REFERENCE NO.: **C-22618 SUBJECT: Authorize Execution of an Engineering Agreement with LopezGarcia Group, Inc., for the Cooks- Ederville Culvert Erosion Protection Project (Project No. 00667) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $87,265 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$87,265; and 3. Authorize the City Manager to execute an engineering agreement with LopezGarcia Group, Inc., in the amount of$75,883 for the Cooks-Ederville Culvert Erosion Protection Project. 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 Culverts at Cooks-Ederville Road have experienced severe erosion downstream of the concrete apron or riprap which is undermining the concrete and will eventually cause it to fail. The scope of this agreement consists of the preparation of a drainage study for the future erosion protection improvements for the two culverts. LopezGarcia Group, Inc., proposes to perform the necessary work for a lump sum fee of 75,883. City Staff considers this to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $11,328 is required by the Engineering Department for project management. M/WBE - LopezGarcia Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on this project is 19 percent. This project is located in COUNCIL DISTRICT 4, Mapsco 67W. Logname: 303COOKS00667 Page 1 of 2 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Storm Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)P228 472069 2042800667ZZ $87,265.00 1)PE69 538070 0209201 $87,265.00 Z)P228 531350 204280066710 $1,897.00 3)P228 531200 204280066716 $75,883.00 2)P228 531200 204280066716 $75,883.00 2)P228 531350 204280066716 $7,588.00 2)P228 531350 204280066720 $1,897.00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Gopal Sahu (7949) Logname: 303COOKS00667 Page 2 of 2