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HomeMy WebLinkAboutContract 41584 (2)STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT No. � I5_ , 4 KNOWN ALL BY THESE PRESENTS: THIS AGREEMENT, entered into the 1k1/\ day of 201- by and � between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Baird, Hampton & Brown, Inc., an independent contractor "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Burton Hill Trinity Trails Neighborhood Master Plan; SWS No. SWS-040 "Prof ect") . Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $68,925 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. CITY SF:iCRETARY FT, WORTH TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2 In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant s exercises control. Professional Services Consultant Agreement Rev 10.6.09 Page 2 of 10 ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Professional Liability $1,000,000 per claim and aggregate. Professional Liability insurance may be written on an occurrence or claims - made basis. If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement, and for five (5) years following completion of the service provided under the contractual agreement, or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. Professional Services Consultant Agreement Rev 10.6.09 Page 3 of 10 b. Certificates of insurance shall be delivered to the City of Fort Worth Transportation and Public Works Department, Attention: Steven Eubanks, PE, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Professional Services Consultant Agreement Rev 10.6.09 Page 4 of 10 ARTICLE 8 TERMINATION OF CONTRACT Section 1. City may terminate this Agreement for its convenience on 30 days' written notice Either the City or the Consultant for cause may terminate this Agreement 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 Section 2. If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that 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 City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Professional Services Consultant Agreement Rev 10.6.09 Page 5 of 10 ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debatinent from participating in City contracts for a period of time of not less than three (3) years. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local 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 later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant 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. ARTICLE 12 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other Professional Services Consultant Agreement Rev 10.6.09 Page 6 of 10 persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand - delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Steven Eubanks PE Transportation & Public Works Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Baird, Hampton & Brown, Inc Engineering & Surveying Attn: Konstantine Bakintas, PE 6300 Ridglea Place, Ste. 700 Fort Worth, TX 76116 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Professional Services Consultant Agreement Rev 10.6.09 (Remainder of Page Intentionally Left Blank) Page 7 of 10 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: sm)---A-1-44••••••4 Fernando Costa Assistant City Manager RECOMMENDED: Willi Dep For- rkest, P.E., Director of Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Marty Hendrix City Secretary \\\o t\ Date Professional Services Consultant Agreement Rev 10.6.09 CONSULTANT: Baird, Hampton & Brown, Inc. Kons i e- = s tas, PE Principal, Civil Engineer Contract Authorization Dftc_ „et fOR7* 44t/h iftr V0000 apoip,N4* gat o oh, 0 0 o p°Qo0000 o°� ,CY **k iNtSdif Page 8 of 10 OFFICIAL RECORD CITY SECRETARY Ft WORTh, TX ATTACHMENT "A-1" SCOPE OF SERVICES STORM WATER STUDY The following is a clarification of the tasks that the ENGINEER will perform, and includes engineering services for a storm water study for the following: SWS-0404 BURTON HILL TRINITY TRAILS NEIGHBORHOOD Upon receipt of notice -to -proceed, the ENGINEER will perform the following tasks: PART A — PRELIMINARY STUDY 1. Initial Data Collection a. Pre -Study Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -study kick-off meeting, (including the CITY's Department of Storm Water Management and other departments that are impacted by the project). b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans City drainage complaint files, drainage studies, FEMA fioodplain and floodway maps, existing models for the project area (if any), and property ownership as available from the Tax Assessor's office. A1,Pg1of5 c. Coordination with Other Agencies During the preliminary phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown as appropriate, on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines adjacent the existing and/or proposed storm drain system. d. Storm Drainage System ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" _ 200' scale from available contour maps. Preliminary calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Preliminary capacities of existing storm drain will be calculated and shown. All calculations and analysis shall conform to the City of Fort Worth STORM WATER MANAGEMENT DESIGN MANUAL incorporating the City of Fort Worth Local Criteria Section and the NCTCOG integrated Storm Water Management (iSWM) Design Manual for Site Development. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. 2. Monthly Progress Report The ENGINEER shall submit a project schedule after the study contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. A-1, Pg 2 of 5 3. Preliminary Study Submittal a. The Preliminary Study Report shall be submitted to the City 45 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish four (4) copies of the Preliminary Study Report which shall include layouts, preliminary easement needs and cost estimates for the ENGINEER's recommended plan. c. The ENGINEER shall also submit a brief letter report outlining the findings of the hydraulic study and recommendations ENGINEER shall advise City on the need for additional permits or licenses which may be required. 4. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with the final study for final review. PART B — STORM WATER STUDY Upon approval of Part Al Section 3, Preliminary Study, ENGINEER will prepare the final Storm Water Study as follows: 1 Supplemental Surveys for Study ENGINEER will perform field surveys to supplement the available topographic (2-ft elevation) contour data at critical analysis and design points. Survey shall collect horizontal and vertical elevations and other information needed by ENGINEER for the analysis and conceptual design of the project. 2. Storm Drainage ENGINEER will review and document the characteristics and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" - 200' scale (or on an appropriate scale) from available contour maps. ENGINEER shall execute the applicable hydrologic and hydraulic models prepare detailed hydraulic analysis for existing and proposed conditions. The ENGINEER'S responsibility A-1, Pg 3 of 5 includes recommendations for improvement of the existing system as deemed reasonable and consistent with City standards. a. Special Permits When the drainage systems/improvements are shown to lie within a designated floodplain/floodway in the City's Flood Insurance Rate Maps (FIRM), and upon the City's concurrence with the ENGINEER's recommendations for improvements, the ENGINEER shall outline the required steps and permits (if any) and describe the necessary documentation for a FIRM Revision. b. Corps of Engineer When drainage improvements extend into or along streams that may be Jurisdictional Waters of the United States, ENGINEER shall perform the necessary research and conduct the required inspections to make a Jurisdictional Waters Determination. Furthermore, the ENGINEER shall outline the required steps and permits (if any) and describe the necessary documentation for permitting under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act as applicable, c. Storm Water Study Report All analyses, findings, and recommendations shall be described in a detailed report, which shall include appropriate maps, exhibits, computations, and estimates of probable construction cost. The All calculations and analysis shall conform to the City of Fort Worth STORM WATER MANAGEMENT DESIGN MANUAL and all data shall be presented on the recommended forms. The ENGINEER shall include preliminary estimates of probable construction cost with the study submitted; and shall assist City in selecting the feasible and/or economical solutions to be pursued. 3. Storm Water Study Submittal a. The Storm Water Study shall be submitted to City 30 days after approval of Part A, Section 3, Preliminary Study. A-1, Pg 4 of 5 The ENGINEER shall furnish four (4) copies of the Storm Water Study, which includes layouts, preliminary easement needs and cost estimates for the ENGINEER's recommended plan. c. The ENGINEER shall include a detailed report outlining the findings of the hydrologic and hydraulic study and recommendations. ENGINEER shall also advise City on the need for additional permits or licenses which may be required. d. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for Storm Water Study submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Storm Water Study Report. 4. Final Storm Water Study Report a. Conformed Study Report The ENGINEER shall address all CITY comments and concerns, by providing additional information where necessary, and compiling a final conformed study report. 1. The final/conformed Storm Water Study Report shall be submitted to City 15 days after approval of Part B, Section 3, Storm Water Study 2. The ENGINEER shall furnish four (4) copies of the Storm Water Study, which includes layouts, preliminary easement needs and cost estimates for the ENGINEER's recommended plan. d. Public Meeting After the Storm Water Study has been reviewed and approved by the City, ENGINEER shall prepare exhibits along with an affected invitation letter and attend public meeting to help explain the recommended improvements to residents. The CITY shall mail the invitation letters. A-1, Pg 5 of 5 LLAG Oates 11 A U (l L+ CHMP-k9 0 "Aar PTOK C 300.0 , F RDNB TY u RIU Dl IS Rhifi UVATER all L OY: S WS4»4 0 PRO JEC T QRTH> WOftirBtiV°, T �~ `?0 TRRViatfial G_6 a = t&k IS R Ns: Dobche •-� �^ - CPX = \Z " ?Ns .. • este C. n ' LHIDOEN CREEK REEK tEN N 1 57 RANDOLPH rot ;CURZON oavh-Lv a WEISI TWIN SAIX TTERS ao GAT OVA M SAM Crtri A! LOW 54 INUAtal lip`" eZ 1\afk % " 15) Mtusinx1) V cn BLACKST ac obats Cut On Ct co t WII1TE S Crlt�52en` Ev dEAVERSa, DEFIERS, RED BUD r' SLATE 50 West Pork, Teit ty RNar PROJECT LOCATI©N TRWD SorAp Weans wrtio 50 0 CC SCOT e�A9 ,e34maul AKE nr— d _ alBYERS Lk62wt 45 NT RD 146 - .11 Sf 1 MAPSCO Pages 74D & 75A CtktZON f<tN ;pia\ \cS _WAStjWYN {{jj�p1� , _ IARTY I c40445 I w PERSHING AAN1 gi ROSEDALE V 7. D A-2, Pg — 1 of 1 ATTACHMENT " 9 BURTON HILL TRIN! " TRAILS STORM WATER STUDY: SWS-040 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $.68.925 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' 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. 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 preliminary report, a sum not to exceed 50 percent of the total lump sum fee. Until delivery of the storm water study, a sum not to exceed 85 percent of the total lump sum fee. Upon delivery of the corrected final report, a sum not to exceed 95 percent of the total lump sum fee. The balance of fee, Tess previous payments, shall be payable after approval of the correct final report by the City. C. 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 preliminary report shall be submitted within 45 working days after the "Notice to Proceed" letter is issued. B. A study report shall be submitted within 30 working days after approval of the concept report. C. A corrected final report shall be submitted within 15 working days after approval of the study report. B-1of4 P rincipal P roject Manager Senior Engineer Engineer (EIT/PE) CAD/Drafting EXHIBIT "8-1' (SUPPLEMENT TO ATTACHMENT B) URTON HILL TRINITY TRAILS STORM `` ATER STUDY: S'f'S-040 HOURLY RATE SCHEDULE $175/Hr, $150/Hr, $125/Hr, $85-$100/Hr, $60/Hr, S urveyor (RPLS) S urvey Technician Robotics Survey Crew CPS Survey Crew Clerical $135/Hr $85/Hr $105-$135/Hr $130-$170/Hr $50/Hr B-2o14 EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) BURTON HILL TRINITY TRAILS STORM WATER STUDY: SWS-040 SUMMARY OF TOTAL PROJECT FEES Consultina Firm Prime Consultant: Baird, Hampton & Brown M/WI3E Consultants: Surveying Services - ANA Consultants Reproduction Services -- Trevino & Associates Non '» BE Consultants: None Total for Professional Services P91?9s n etyices T Engineering Services e Drainage Study $68,925 $57,925 $10,000 $ 1,000 $68,925 $11,000 16% 84.0% 14.5% 1.5% 100°/° B-3of4 f giI 6- iti9T a Man i1 xis Bile Engineering & Survyeing 6300 Ridglea Place, Ste 700, Fort Worth, IX 76116 Tel 817.338.12777, Fax 817.330.9245 EXHIBIT B-3 _ (Supplement to Attachment B) Fort Worth Transportation & Public Works - Storm Water Management Burton Hill Trinity Trails Neighborhood Storm Water Study: SWS-040 BHB 09.709 00 Item / Task Description 1) Preliminary Study Research As-Buiits, ROW & Other Data Collection Pre -Study Scope and Coordination Meeting Locate Exist Systems & Delineate Drainage Basins Assess Existing System Capacities Perform Preliminary Hydrologic Computations Perform Preiiminary_Hydraulic Computations Explore Storm Drain Improvements Alternatives Prepare Estimates of Probable Construction Costs Summarize Analyses, Findings, Alternatives, etc. Preliminary Submittal, Plan Review & Meetings Meeting Minutes & Monthly Progress Reports 1 - 2) Storm Water Study Assess Existing Downstream H&H Conditions 'incorporate Preliminary Review Comments & -Concerns_ Evaluate Storm Drain Improvem etns Alternatives_ Develop Preferred Storm Drain System Layout Complete Hydrologic Analysis for Preferred System Complete Hydraulic Analysis for Preferred System Summarize Analyses, Findings, Alternatives, etc. Prepare Estimate of Probable Construction Cost Prepare Storm Water Study Report Study Submittal, Plan Review & Meetings ,Meeting Minutes & Monthly Progress Reports 3) Final Storm Water Study Report Address Final Review Comments & Concerns 4 8 Finalize H&H Analyses & Recommendations 2 8 Finalize Report, Exhibits, Estimates, etc, 4 ' 12 Final Study Submittal & Meeting 2 4 Prepare Neighborhood Meeting Presentation & Exhibits 4 8 4 Attend Neighborhood Meeting & Present Recommendations 4 2 4) Surveying Services - M/WBE Sub -Consultant Establish Vertical Control from FEMA Benchmarks Locate/Tie Existing Storm Drain Inlets & Manholes__ Locate/Tie Ex sting Outtall Structures Research Neighborhood/Lot Ownership Information Prepare Base Drawing w/ROW Lots, Ownership Info. 5) Reproduction Services - M/WBE Sub-Consuttant 4 - Preliminary Report & (11X17) Exhibits 4 - Final Report & (11X17) Exhibits 4 - Corrected Final Report & (11X17) Exhibits 3 - Presentation (24X36) Exhibits & Handouts 9/10'2ri09 Project Project Enginee j Direct Manager Engineer CADD/Te_ch Clerical Expenses Amount (Hrs) (Hrs) (Hrs) (Hrs) ; ($) ($) 2 4 2 ) $ 25 1 $ 1,075 f 2 4 I $ 850 _2 8 8 -i 1 $ 2,150 12 6 1 t $ 2,275 8 2 '_$ _ 1,375 8 2 _ $ 1,550 16 16 i _$ 4,300 16 _8 j $ _ 31150_ 2_4 4 t 4 I $ 4,300 4 E 1 $ 850 2 2 i $ 600 8 4 12 8 8 8 8 2 4 4 4 4 8 6) M/WBE Sub -Consultant (10%) Adminitration Total for Professional Services &Expenses t 4 1 4 $ 1,500 $ 2,500 $ 1,500 $ 2,000 • $ 2,500 $ 1,000 - $ 150 $ 150 i $ 200 $ 500' 1 I $ 1,100 $ 2,100 $ 3,000 $ 2,500 $ 2,150 $ 1,050 $ 1,750 $ 3,300 $ 1,250 $ 4,400 $ 850 $ 850 $ 2,500 $ 1,550 $ 3,200 $ 850 $ 2,100 $ 950 $ 10,000 80 I 240 120 I 16 1 $ 11,025 1 $ 68,925 B-4of4 ID Task Name Storm Water Study - 040 2 Limited Surveying Services BHB Engineering & Surveying 6300 Ridglea Place, Suite 700, Fort Worth, TX 76116 Tel: (817) 338-1277 Fax: (817) 338-9245 Exhibit "B-4": Burton Hill Trnity Trails Neighborhood Master Plan: SWS-040 Preliminary Study Submit Preliminary Findings City Review & Comment Storm Water Study Submit Storm Water Study Report 8 City Review & Comment 9 Incorporate Comments 10 Submit Corrected Final Report Project: Storm Water Study: SWS - 040 Date: Mon 1/24/11 Storm Water Study 040 - Burton Hill Trinity Trails Duration I Start I Finish 120 days Tue 2/15/11 Mon 8/1/11 20 days Tue 2/15/11 Mon 3/14/11 30 days Tue 3/8/11 Mon 4/18/11 0 days Mon 4/18/11 Mon 4/18/11 15 days Tue 4/19/11 Mon 5/9/11 30 days Tue 5/10/11 Mon 6/20/11 0 days Mon 6/20/11 Mon 6/20/11 15 days Tue 6/21/11 Mon 7/11/11 15 days Tue 7/12/11 Mon 8/1/11 0 days Mon 8/1/11 Mon 8/1/11 2011 Jan I Feb I Mar I Apr 1 Mav I Jun I Jul I Auq 1 Sep_ _1 Task E > :::9 Rolled Up Milestone 0 Split Rolled Up Progress Progress External Tasks Milestone ♦ Project Summary Summary W W+ External Milestone Rolled Up Task t-:::=:::::_::;:: ::; Deadline Rolled Up Split B - 5 of 5 Baird, Hampton & Brown, Inc. May 25, 2010 Mr. Hugo Trevino Trevino & Associates 1701 N. Market Street, Ste 530, LB 26 Dallas. Texas 75202-2013 Tel(817)291-4842, Fax (817)431-4299 L i 4 RE: BURTON HILL TRINITY TRAILS NEIGHBORHOOD STORM WATER STUDY: SWS-040 I9HB 09.709.00 Mr. Trevino: Engineering & Surveying Please be informed that we have been selected to assist the City of Fort Worth with the above referenced project. We will be providing the civil engineering services and request your assistance with all reproduction of reports, exhibits, and presentation boards. At this time the reproduction services are anticipated to consist of the following: 4 Copies - Preliminary Report & Exhibits 4 Copies - Final Report & Exhibits 4 Copies - Corrected Final Report & Exhibits 4 Presentation (24X36) Exhibits on Foam Boards & Handouts In -line with other similar projects that you've assisted us with, we've negotiated a total reproduction services fee of Two Thousand ($2,000) Dollars. The project is anticipated to begin within 90-days; if your firm is available to assist us with this project and you are comfortable with the proposed services fee, please sign below signifying your commitment and concurrence. Sincerely, BHB Engineering & Surveying Konstantine Bakintas, PE Principal, Civil Engineer e:\2009.000.00012009.709.000\docstcontract\trevino agreement.doc In Concurrence, Trevino &s Associates 124Oea Reaie Mr. Hugo Trevino, President Trevino & Associates R`Snn RirinlPa Plane Inn Fnrt Wnrth TAYac 7R11 R TPi• R17-R1R-1777 Far R17-1.ERR-5124F F-Mail• mailnhhhinr. r_nm CONSULTANTS, L.L.G. ENGINEERS> SURVEYORS PLANNERS,; 1331 Airport Freeway Suite 410 Euless Texas 76040 (817) 335-9900 Fax (817) 335-9955 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: CFW Burton Hills Storm Water Study PROJECT No.: 090790 CLIENT: Baird, Hampton & Brown, Inc. CONTACT: Konstantine Bakintas, P.E. ADDRESS: 4550 S.H. 360 Suite 180 Grapevine, TX 76051 SCOPE: General — Provide ties to all existing storm drain features (SDMH, Inlets, outfall structures, etc.) provide property owner information and provide base map of area outlined in attached exhibit. Specific — Provide the following: Establish vertical control from FEMA Benchmarks Tarrant Appraisal District (TAD) Property Ownership Information for each property within the project limits in Excel Spreadsheet format containing• o Owner Name o Owner Address o Property Address o Legal Description • Ties to existing storm drain features (Vertical Datum will be based on local FEMA benchmarks): o Storm Drain Manholes • Center of manhole covers • Flowlines • Pipe sizes • Direction of flow. o Inlets • Center of Manhole covers • Inlet bottom • Pipe sizes • Direction of flow o Outfails • Flowline of pipe • Pipe / Barrel sizes • Ties to outfall structures (concrete walls, rip -rap, floors, etc.) CLIENT SATISFACTION IS OUR BUSINESS DELIVERABLES: DELIVERY: ® Locate and tie critical stream outfall o Locate and tie TRWD sump outfall/control structures • Base Map o Preparation of a base map containing the following: ■ Line work depicting the ROW/Property based on Tarrant Appraisal District maps (TAD Maps) Storm Drain Feature information Line work depicting the exiting street curb lines. An Excel Spreadsheet containing property ownership information; a 3d point file in .dwg format, a 2d line work file in .dwg format and an ASCII file of all points. Upon receipt of a written `Notice to Proceed', A.N.A. shall present deliverables within 30 days. COMPENSATION: $16,500.00 Invoices submitted for payment shall be paid within 60 days of receipt, whether or not owner payment has been received. Any extra services not included within the Scope of Work, will be billed hourly per Exhibit "B" Hourly Rate Schedule. Services covered by this a uthorixation shall he performed in necordance with PROVISIONS stated on the attached form. Approved for [ENT By: Title: c)IS\i\Cyt Date: Accepted for A.N.A. Consultants, L. L. e. By: S. Kevin Wendell, RPLS Title: Director of Survey Date: June 1. 2010 EXHIBIT 'B' Hourly Rate Schedule Work Title Hourly Rate Principal i Controller Senior Associate Engineer/Associate Surveyor/Associate Engineer Intern/Jr. Associate Crew Coordinator Geo-Spatial Technician 2-Man Survey Crew GPS Survey Crew Specification Writer Reproduction Word Processor / Secretary $185.00 $165.00 $150.00 $125.00 $155.00 $95.00 $95.00 $70.00 $130 00 $160 00 $60 00 $30 00 $38.00 OP 1414.0144 Any extra work that is not in the Scope of Work, the Consultant fees will be based on the above hourly rates schedule. PROVISIONS AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for A.N.A. to proceed with the work, unless otherwise provided for in the authorization. LABOR COSTS A.N.A.'s Labor Cost shall be the amount of salaries paid A.N.A.'s employees for the work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll -related taxes, payments, premiums, and benefits. DIRECT EXPENSES A.N.A's Direct Expense shall be those costs incurred on or directly for the CLIENT'S Project including but not limited to necessary transportation costs including mileage at A.N.A.'s current rate when its automobiles are used, and the project is in part or in whole beyond a 75 mile radius of A.N.As' Corporate Offices meals and lodging, laboratory test and analyses, computer services, word processing services telephone, pnnting and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when fumished by A.N.A. Consultants, L.L.C. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by the CLIENT, an additional amount of 10%shall be added to the cost of these services for A.N.A's adminlstrative cost. COST ESTIMATES Any cost estimates provided by A.N A. will be on a basis of experience and judgement, but since it has no control over market conditions or bidding procedures A.N.A. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. PROFESSIONAL STANDARDS A.N.A. shall perform its professional services pursuant to the standard of care which would be applied by a reasonable and prudent registered professional engineer in the State of Texas providing services under the same or similar scope of service for the same or similar types of projects. WARRANTY A.N.A.'s services are professional services limited to the exercise of judgment and the rendenng of advice and opinions and, as such, A.N.A. makes no warranty, express or Implied. TERMINATION Either CLIENT or A N.A. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay A.N.A. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 4 ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or A.N.A. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory No arbitration ansing out of , or relating to this Authonzation may include, by consolidation, joinder or in any other manner any additional party not a party to this Authonzation. LEGAL EXPENSES In the event legal action is brought by CLIENT or A.N.A. against the other to enforce any of the obligations hereunder or arising out of any dispute conceming the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, cost and expenses as may be set by the court. PAYMENT TO A.N.A., L.L.C. Monthly invoices will be issued by A.N.A. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1.5% per month will be charged on all past -due amounts, unless not permitted by law, In which case, interest will be charged at the highest amount permitted by law. LIMITATION OF LIABILITY A.N.A.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee eamed under this agreement. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by A.N.A. if authorized In writing by CLIENT Additional services will be paid for by CLIENT as indicated In attached Basis of Compensation or as negotiated SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included In the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the client is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752 (512) 452-9427. In case any one or more of the provisions contained in this Agreement shall be held Illegal, the enforceability of the remaining provisions contained herein shall not be Impaired thereby. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/21/2010 DATER Tuesday, September 21, 2010 REFERENCE NO.: **C-24461 LOG NAME* 20SWMBURTONHILLDRAINPLAN SUBJECT. Authorize the Execution of an Agreement with Baird, Hampton & Brown, Inc , in the Amount of $68,925.00 for the Burton Hill Trinity Trails Neighborhood Drainage Master Plan (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Agreement with Baird, Hampton & Brown, Inc., in the amount of $68,925.00 for the Burton Hill Trinity Trails Neighborhood Drainage Master Plan. DISCUSSION: In order to address neighborhood flooding, detailed drainage studies are required to determine runoff rates and flow depth, identify flooding areas and deficiencies in current drainage facilities and to develop a master plan for each neighborhood consisting of storm drain improvements, detention and other measures designed to reduce building and street flooding. In November 2007, a Request for Qualifications (RFQ) was advertised for neighborhood drainage studies. Twenty-three statements of qualifications were received and Baird, Hampton & Brown, Inc., was selected to prepare the Burton Hill Trinity Trails Neighborhood Drainage Master Plan, Storm Water Study SWS-040, to address flooding in this neighborhood. The scope of work will include: 1) limited surveying of existing drainage structures in the neighborhoods, 2) development of a drainage study to determine runoff rates and locations and 3) development of a drainage master plan in order to identify future capital improvements and estimate project costs. Baird, _Hampton & Brown, Inc., proposes to perform this study for a lump -sum fee of $68,925.00. City staff considers this fee to be fair and reasonable for the scope of services proposed, based on the size of the study area. The Stormwater Utility Fund will be used to fund this study. Baird, Hampton & Brown Inc., is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal for this project is 16 percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Stormwater Utility Fund FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531200 0209202 $68.925.00 Logname: 20SWMBURTONHILLDRAINPLAN Page 1 of 2 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) William Verkest (7801) Steve Eubanks (7857) ATTACHMENTS 1. fundinaverification.doc (CFW Internal) 2. SWS-040 Burton Hill Mae.odf (Public) 3. SWS-040 Burton Hill MWBE Comoliance.odf (CFW Internal) Logname: 20SWMBURTONHILLDRAINPLAN Page 2 of 2