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HomeMy WebLinkAboutContract 44855 C"to w w CONTRACT NO. CITY OF PORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Port Worth, a Texas home-rule municipality (the "CITY'), and )Freese and Nichols,ls, Inc., authorized to do business in Tex s, an independent contractor ("'Consultant,"), for a PROJECT generally described as: RAMPP Technical Peer Review. Article l Scope of Services (1) Consultant hereby agrees to p rfnrrn 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 RAMPP Technical Peer Review. (2)Additi nal ser'v'ices, if,any, will be requested in writing, by the City. City shall not pays for any work performed by Consultant or its subcoinsultants, 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 11 Compensation Consultant shall be compensated in accordance with this 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 foe paid by the City shall not exceed a total of Two hundred Fourteen Thou...sand... Twenty One Dollars, ($2:14,0121) unless the City and the Consultant m.........,utually agree upon a foe amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be duo within thirty 3 days of the uncontested performance of the p rtioullar services so ordered and receipt by City of Consultant's invoice for payment of sumo.. 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 ment is made, including any acct or ornission of the City in connection with such services. City of(Fort Worth,Texas C Standard Agreement for N r fessional Services ORD PMO Official'Release Date: Pale I of 8 FT. INORT01, TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 18 months, beginning upon the date of its execution, or until the com pl�etioln of the subject matter contemplated herein; whichever occurs first. Article IV 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. -,rhe 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 V Professional Competence and Indemnification (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. (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 ConsuItant's, agent, consultant under contract, or another entity over which, the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services, PMO Official Release Date:1/28/2013, Page 2 of 8 Article VI Insurance (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 Cwry s,ull�tant,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, h�owever, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $11 0,00,000 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 N, statutory limits Coverage B.- $100,000 each accident, $500,000 disease- policy limit $11100,000 disease -each employee (2)Additional Insurance Requirements a. Except for employer's liability ins,u�ran�ce coverage under Consultant's workery s compensation insurance policy, the City, its officers, employees, and servants shall be endorsed as an additional insured on Consultant's insurance poll,iciesi. b. Certificates, of insurance, shall, be delivered to the Transportation and Public Works. Department,, Stormwater Division, Attention: Clair Davis,, 1000, Th rock miorton:,, 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 malteriall change in policy terms or coverage. A ten days notice s,h,alil be acceptable in the event of non payment of piremium., City of Pert Worth,Texas Standard Agreement for Professional Services PM,O Official Release Date:1/28/2013 Page 3,of 8 e. Insurers m,ust 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 s,olivency., f. Other than worker's, compensation ins,urancel, in lieu of traditional insurance, City may consider alternative colveragi e or risk treatment measures through insurance poollis 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. I Consultants 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 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. L Upon, the request of City, Consultant, s,haill, provide complete copies of all insurance policies required by these Agreement documents. Art,11c1el V111 Transfer or Ass"ignmen�t City and Consultant each blind themselves, and their lawful successors and assigns, to this I 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. Article V111 Term"Inafion of'Contrlact (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 City of Fort Worth,Texas Stand rd Agreement for Professional:Services P Official Release Date:1/28/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written nod ice and difigently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article , 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 Exhilblit "B"' attached hereto and' incorporated herein. (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�l be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) 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 works,pace in order to conduct audits in compliance with the provisions, of this section:. City shall, dive Consultant reasonable advance notice of intended aud�its. (2) 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 sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant 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 sub-consultant reasonable advance notice of intended audit. (3) consultant and sub-consultants 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 I s performed. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 5 1 of 81 Article X Minod"ty Business and Small Busl*ness Enterprise (MBE)(S ) Participation, Mn accordance with the City's Business Diversity Enterprise Ordinance Nol. 20020-12-2011) as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the M,BE and SBE goals established for this Agreement, and its accepted written: commitment to MBE and SBE pla�rticipatio,ni. 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 debarment from participating in City contracts for a period, of time of not liess, than three(3)years. Article Xl Observe and Comply Consultant shall at all times observe and comply with all federal, state, and locai 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 reguilati,ons 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 ha,rmiles,s 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 X11 Venue and Jurisdi*cfion If any action, whether real or asserted, at law or in eq'uity, arises on the blas,is 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. Arficle X111 Contract Construct0ion The Parties acknowledge that each party and,1 if it so chooses, its counsel: have reviewed, and, revised this Agreement and that the normal rule of coinstruct,ion to -the effect,that any ambiguities are to be resolved against,the drafting party must not be employed in the City of Fort Worth,Texas Standard Agreement for Professional Services, P Official Release Date:1/28/2013 Page 6 of 8 interpretation of the Agreement or any amendments or exhibits hereto. ArUcle XIV Severabifity. 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 f'such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other 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 t,her,ein. Article XV Notices, Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hard 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-, Clair Davis, R.E., 10100, Throickmorton Fort Worth, Texas 761012 Consultant: Freese and Nichols, Inc. Attn: Scott Hubley, P.E,. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Article XVI Headings The headings contained herein are for the, convenience in reference and are not intended to define or limit,the sicope.of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services PIMO Official Release Date:1/28/2013 Page 7 of 8 I Artelcle XV11 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 stall together constitute but one and the same instrument. A Executed and effective this the day o6,A/--- 20j, BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. W Fernando Costa John Dewar, P.E. Assistant City Manager Principal and Vice President wt : Date.— '.9 4zio is Da APPROVAL RECOMMENDED: G In 41150 If/ By: IJ" tj A Doug rsig Director, Transportation Public Works APPROVED AS TO FORM AND LEGALITY M&C No.; C-26433 M&C, Date- 9/17/201113 By: Black Assistant City Attorney. FOR 11 & ATTEST',- f�ar�J. oy r W '7 0000 4' 'rev r City Sleic y City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Clyr SECRIMARr Page 8 of 8 Prom R TW rX ATTACHMENT A SCOPE OF SERVICES City of Fort Worth RAM PP Technical Peer Review June 3, 2013 F conducted a technical peer review of the Preliminary Hydrologic and Hydraulic models, under development by the FEMA RAMPP team., After providing technical comments to the RAMPP team, the City was notified that FEMA will not address, the comments and the it must provide revised hydrologic and hydraulic models and supporting, information. The purpose, of this project is to prepare the requested information for FE,MA and to assist the City through the appeal, process. FNI will perform the following services in association,with the Project. BASIC SERVICES 1. Project Mianagemeint and Communications a., General project coordination and communications with the City b. Monthly status, reporting and invoicing c. Up to three (3) meetings with the City and FEMA 2. FNI will revise the following models in accordance with QC comments provided by,FIJI during the PAM PP Technical Peer Review. a. Big Fossil Creek HEC-HMS and HEC-RAS b. Sycamore Creek HEC-HM'S and HEC-RAS c. Dry Branch HEC-HMS and HEC-PAS (FNI will serve In assisting role to City) 3. For the Big Fossil Creek model, FNI will use the USA CE model of Big Fossil Creek for comparison and validation purposes. 4. FNi will correct systematic methodological errors in both channels,Sycamore Creek and Dry Branch, thirolugholut the HEC-HMS and HEC-RAS,models as identified during the RAMPP Technical,Peer Review, including: a. Correcting rainfall,depth errors b. Updating routing models with accurate geometry c. Adjusting flow change locations d. Recalculating overbank lengths, e. Adding intermediate cross sectionis,using lidar f. Moving misaligned cross sections g. Correcting misplaced blocked obstructions, h. Correcting misplaced ineffective flow areas near crossings i. Correcting Manning's n calculation errors Adjusting misplaced bank stations P ,:i g n l 1 A, IATTACHMENT A SCOPE OF SERVICES k. Adjusting floodway stations 5. FNI will develop and provide the following information in the resubmittal to FEMA (as requested in FEMA responnse letter dated April 11, 2013) for both Sycamore Creek and Dry Branch: a. Technical, memo summarizing changes to each model and justification of revised methodology bi. Revised hydrol,og,ic ain,d, hiydra,u,lic models c. Revised summary of discharges table, flood profiles, floodway data table/ SFHA delineations, and floodway boundaries 6. FNI will,submit models to FEM,A for review and comment. FNI will revise models and respond;to FEMA comments up to one(1)time. 7. Field Survey— limited field survey to verify or confirm model parameters such as cross section geometry or hydraulic structures such as bridges and culverts or to collect finished, floor elevations to be used for future mitigation projects. SPECIAL SERVICES, In the event that FE MA does not accept the revised models,,the next course of action, is to enter into the FE MA arbitration piroicess. The special scope of services includes effort to assist the City with the appeal and arbitration process., The anticipated tasks included in the special scope of services,are described below, although other project related tasks that can be performed within the authorized budget may also be included. These services will be performed on a time and materials basis for a not-to-exceed feel. If Special Services require effort above the not to exceed fee included in this contract, FNI will notify the City in writing and will request additional funds if necessary. 1. Additional meetings and coordination as necessary with FEMA 2. Additional revisions to hydrologic and hydraulic models beyond what is identified above 3. Revisions to non-regulatory products if requested by FEM ► ADDITIONAL SERVICES Additional Services to be performed by the Engineer, if authorilzed by the City, which are not included in the above described basic or special services, are described below. These services, will be performed according to the Engineer standard rate schedule: 1) Coordination with other agencies, or public meetings besides the FE MA RAMP P team as noted in Basic Services. 2) Additional revisions to the models beyond those outlined in scope of work. 3) Field surveying or Sub-Surface utillity engineering, beyond those outlined in the scope of work, uw zi 11 2 A ATTACHMENT A SCOPE'OF SERVICES 4) Preparation of property., boundary and right-of-way surveys, preparation of easement a,n,d, deed descriptions., including title search and examination of deed records. 5) Revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by the City oir 2), due to other causes not solely within the control of the Engineer. 6) Preparation of data and reports for assistance,to the City in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator,giving testimony,, personally or by depositilon, and pirelplairatioins therefore before any regulatory agency, court, arbitration painell or mediator, 7') Assistance in preparing for or appearing at litigation, mediation, arbitration,, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). 8) Geotechnical investigations, studies and reports. 9) Visits to the project areas or City facilities in excess of the number of trips, coordination meetings or contract completion activities as defined in Basic Services. 10) Coordination of environmental investigations with environmental resource agencies, jurisdictional determinations, and state or federal permitting. 11) Basic or additional servic,es, on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the City. 3 EXHIBIT "13-199 ENGINEER INVOICE (Supplement to Attachment B) Engineering Services for RAMPP Technical Peer Review City Project No. FP-12-060-FS Combined Lump Sum and'Time and Materials Project Compensation A. The ENGINEER,shall be compensated a total project fee of$214,021 comprised of a lump sum portion and time and materials portion as shown below. The total project fee is summarized in Section IV—Summary of Total Project Fees. 1. Lump Sum — The ENIG,INEER shall be compensated a total lump sum, fee of $126,249. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. 2. Time and Materials - The ENGINEER shall be compensated a total not-to- exceed fee of$87,772,for personnel time, non-labor expanses, and subcontract expenses in performing services enumerated, in Attachment A as folilows.. a. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing, the PROJECT multiplied by the appropriate Labor Cate Rate for the ENGINEER's team member performing the work. Labor Cate qo[y.late as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) PrIncipal-in-Charge $200—$405, Project Mianager $110 -$270 Senior Professional Engineer $150 -$270 Junior Professional Engineer $110 -$190 Engineer-in-Tra,ining $85-$1510 Registered Landscape Architect $1101-$165 Landscape Architect Intern $85-$1135 Sr. GIS $85-$1,35 Jr. GIS $50-$110 Engineering Intern $30- X90 CAC D Technician $35-$120 Adrnin/Clerical $55-$150 EXHIBIT "13,471 I ENGINEER INVOICE (Supplement to Attachment B) 3. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal, of cost. Direct Enenses (non-labor) include, but are not limited tol, mileage, travel and 0 lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated, with delivery of the work; plus applicable sales, use, value added, business transfer,, gross, receipts, or other similar taxes. 4. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). 5. Budgets. ENGINEER will make reasonable efforts, to complete the work, within the budget and will keep, the City informed of progress toward that end so: that the budget or work effort can be adjusted if found necessary. ENGIINEE,R is not obligated to incur costs beyond the indicated budgets, as may be adjusted,, nor is the City obligated to pay ENGINEER beyond, these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of'this Agreement will be exceeded'I whether by change in scope of the project„ increased costs or other conditilons, the ENGINEER shall immediately report such fact to the City and? if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended, prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. Method of Payment A. Partial payment shall be made to,the ENGINEER monthly upon City's approval of an invoice prepared and submitted, by the ENGINEER., B. For the Lump Sum portion, the estimated current physical percent complete as required on the invoice shall be, calculated from the progress schedule as required in Attachment D to -this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. For the Time and Materials portion, the ENGINEER shall be paid by the City based upon an invoice created, on the basis of statements prepared from the boos and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. EXHIBIT 1113-l" ENGINEER INVOICE (Supplement to Attachment B) D. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved'Amendments. E. Each invoice shall be verified as to its accuracy and compliance with the terms,of this Agreement by an officer of the ENGINEER. Ill. Progress Rep The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee,Amount % Prime Consultant Freese and Nicholls, Engineering $1202,981, 9�4.8% Proposed M/WBE Sub-Consultants Spooner and Survey $11,040 5.2% Associates Non- 'BE Consultants NIA TOTAL $214,021 100% Project Number& Name Total Fee M/WB,E Fee M/WBE % FP-12-060-FS— RAMPP Technical $2141Q X1.0 $11_1040.00 51.2% Peer Review City M/WBE Goal = 5% Consultant Committed Goal, 5,% ATTACHMENT SICY1 CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Services for RAIVIPP Technical Peer Review City Project No FP-12-060-FS <List any changes to the Standard Agreement> None City of Fort Worth,Texas Attachment C PMO R lease,Date!.-0 .19-201O Page I of I �.a i a i I I IH +asar ury d n. i uu m u L w i I IiN I I I �I i t I, I I I� , y II r �� pp I, w, I i I III � I pI M&C Review Pale I of 2 Official site o�f tt'ie Ci �f Fort Worth,,-Texas CITY L,4�OUNCIL AGENDA FoRTWORTIJ COUNCIL ACTION: Approved n 9/17/2,013, DATE.- 9:/17/2013 REFERENCE NO.: **C-2,6433 LOG NAME: 2 S RAM PP CODE: C TYPE,, CONSENT PUBLIC HEARING.-- NO SUBJECT': Authorize Execution of an Engineering Services Agreement with Freese and Nichols, Inc., in the Amount of$21�4,021.00 to Perform Engineering Analysis for'the Appeal of Revisions to the Flood Insurance Rate Maps for Sycamore Creek, Big Fossil Creek and Dry Branch Creek (COUNCIL DISTRICTS 2, 4,, 5', 67 8 and 9), INNINNOMINWAIMM RECOMMENDATION: It is recommended that the City Cou:nci,l authorize the execution of an Engineering Services Agreement with Freese and Nichols, Inc., in the amount of$21 4�,021.00 to perform engin,eer�ing analysis for the appeal of revisions, to the Flood Insurance Rate Maps for Sycamore Creek, Big Fossil Creek and Dry Branch Creek. DISCLISSION-. The Agreement recommended by this Mayor and Council Communication will provide engineering analysis for the appeal process for proposed revisions to the Flood Insurance Rate Maps for Sycamore Creek, Big Foissi�i Creek and Dry Branch Creek. In January 2012„ the Federal Emergency Management Agency (FE MA) provided preliminary flood insura-nce rate maps to the City for review. Staff identified many inaccuraGies in the proposed revisions. The errors will result in hundreds of property owners in the area paying approximately $800.00/year each in unnecessary flood insurance premiums. The City initiated the formal protest and appeal process to, correct the errors in the maps for Sycamore Creelk, Big Fossil Creek, and Dry Branch Creek in, February 2013. The proposed scope of serv,ices for the technical protest and appeal includes the following.-, Correcting technical errors, in the hydrology and hydraulic models Revising all technical support data Coordination with FEMA and, their contractor Responnding to FE MA comments Field survey to capture elevations at biridges and culverts, and limiited cross sections of each creek Freese and Nichols, Inc., proposes to perform the engineering, analyslis, for a lump sum fee of' $214,021.010. The cost was determined to be fair and reasonable for the scope of services proposed. M/WBE Office - Freese and Nichols, Inc., is in compliance with the Ci,ty's, BDE Ordinance by committing to five percent S participation, on, this Agreement. The City's goal on this Agreement is five percent. This appeal affects, COUNCIL DISTRICT'S 2,14, 5,, 6,18 and 9. FISCAL INFORIVIATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Stormwater Utility Fund. http-§,//apps.cfwnet.org/councll_packet/mc—review.asp'.?ID=1 8914&counrCildate=9/17/2013 09/19/2013 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531 200 0209207 $214JO21.00 Submitted for q#y Manager's Office Costa (6,122) Or" inatin D ar men Head: Douglas W. Wi,ersig (7801) Additional, lnformation Contact: Amly Cannon (228,91) ATTACHMENTS 2 S RAMPP.Pdf http-Happs.,cfwnet.org/council 09/19/2013 0 _packet/mc—review.asp?ID=I 8914&counc'Idate=9/17/2013