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Home My WebLink AboutContract 41402 c.. t, CITY SECRETARY CONTRACT NO STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the, day of 20_[� by and between the City of Fort Worth, a home-rule municipal corpora ' n 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 A.N.A. Consultants. L.L.C., 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 BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO SWS-004. 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 lump sum of $219,679.00 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 part i ordered and receipt by City of Consultant's invoice for payment of same. I OFFICIAL RECORD CITY SECRETARY 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 two (2) years , 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 Transpotation Public Works Department, Attention: Steven Eubanks, P.E., 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. i. 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 ("NMBE") in City contracts. Consultant acknowledges the N/"E 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 debarment 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 E. Eubanks Transportation Punlic Works Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: A.N.A. Consultants, L.L.C. <Attn: Mark N. Assaad 1331 Airport Freewy, Suite 410 Euless, TX 76040 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. (Remainder of Page Intentionally Left Blank) Professional Services Consultant Agreement Rev 10.6.09 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: A.N.A. CONSULTANTS,L.L.C. Fernando Costa Assistant City Manager M4k N. Assaad Vice President RECOMMENDED: Gik William A. Verkest,P. .,Director Department of Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: dmAt� IL ' " , I-L! , Assistant ity Attorney Contract Authorizaltiou ATTEST: D'gte Marty Hendrix City Secretary pA 0000000044." a� AV, 0000 1 Date �'mo o �- o°K dd �0 000 cACY OFFICIAL RECORD CITY SECRETARY Professional Services FT. 'NORTH! TX Consultant Agreement Rev 10.6.09 Page 8 of 10 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study ATTACHMENT A SCOPE OF SERVICES PROFESSIONAL SERVICES: BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO. SWS-004 Work under this attachment includes the preparation of a drainage study for the PROJECT area described below and shown graphically on Attachment E-1. The ENGINEER shall perform the project services in accord with the City of Fort Worth Storm Water Management Design Manual, and specific requirements and technical guidelines in this scope document. The City of Fort Worth Storm Water Management Design Manual shall be the prevailing document. The purpose of the study is to conduct a detailed hydrologic and hydraulic analysis of existing closed storm water system(s) outfalling into the DRY BRANCH CREEK and LITTLE FOSSIL CREEK of the WEST FORK TRINITY RIVER and to develop a master plan of improvements to protect homes and roadway flooding during the 100-year event. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: Task 1: Project Management The ENGINEER's project management activities shall include task leadership and direction, telephone and written communication, bi-monthly project update meetings, project status reports, project schedule and updates, and personnel and data management among other general project management activities. Any delays to the project schedule shall be in writing to the CITY for review and approval. The ENGINEER shall attend the project kickoff meeting with a proposed schedule for task sequence and completion. The ENGINEER's Project Manager shall schedule and lead all project meetings. Meeting notes shall be submitted to the CITY's Project Manager within five working days after each meeting. The ENGINEER shall attend one public meeting to present what possible mitigation alternatives are being explored. The ENGINEER will provide to the CITY project information regarding proposed mitigation alternatives (if applicable) for public outreach. The ENGINEER will fully document all relevant hardware, software, file structures, and data formats used during the project. Other than intermittent meetings, all of the individual Task deliverables shall be submitted with the draft and final report at the conclusion of the study. The ENGINEER shall update a Project Certification and Decision Log to be submitted at the completion of the study. The PROJECT drainage area includes numerous storm drains. These storm drains will be required to be evaluated to determine the flood hazard areas and flood mitigation alternatives. With respect to Project Coordination the ENGINEER shall provide the following: Exhibit A-1-1 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study a. Conduct up to three (3) project status meetings for the study area with CITY. Meetings shall be used to update CITY as to status of project and to determine CITY preference in recommended improvement options. b. Conduct up to two (2) additional site visits to project site with CITY, upon CITY request. c. Prepare monthly updates for CITY identifying what work was accomplished, what items are due in the next month and what outstanding issues need immediate attention. d. Prepare a final report containing exhibits, tables, methodologies, capital improvement projects, opinions of probable costs, models, and results. Improvement plan shall include a summary of expected construction project costs. Deliverables shall include five (5) hard copies. Electronic deliverables shall include the final report, alternatives models, and GIS mapping of recommended improvement plan showing preliminary alignment and sizing. Task 1 Deliverables: • Documentation • Summary of Tasks • Project Schedule • Support Data — Relevant meeting notes and email correspondence, project status updates, and action items for ENGINEER, sub-consultants, and the CITY. • Completed Project Certification and Decision Log upon completion of the study. Task 2: Data Search and Collection/Field Reconnaissance and Surveys a. Data Search and Collection The CITY will provide the ENGINEER with the following watershed data in CADD format, in addition to the available models and reports: stream centerlines, street centerlines, 2007 aerial imagery, 2007 terrain surface, existing and future land use data, 2007 subbasin delineations (may not be delineated for each site), high-water marks (if available), and zoning maps. Historical rainfall data and the as-built drawings of the hydraulic structures may be available from the CITY. The ENGINEER shall submit a written request to FEMA AND TP THE City's Floodplain Administrator for all relevant available data from the effective Flood Insurance Study (FIS) including but not limited to: LOMRs, hydrologic and hydraulic data, reports, working maps, etc. The ENGINEER will review and identify known flooding and drainage issues referred to as "hot spots" within the study area. The CITY will provide available drainage complaint reports to the ENGINEER. The City of Fort Worth's Storm Water Management Division shall assist the ENGINEER in locating required data available from the CITY, but the ultimate responsibility for identifying data needs and for finding, collecting, developing, analyzing, and creating all necessary data shall reside with the ENGINEER. If required data is unavailable, the ENGINEER shall inform the CITY in writing and discuss with the CITY's Project Manager for actions or determination. Exhibit A-1-2 Storm Water Study No.SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study Record as-built drawings for the study area will be obtained from the CITY and Texas Department of Transportation (TxDOT) for the study area. A review of the existing storm sewer system will be made based upon available survey information, record drawings and the Geographic Information & Management Systems data. Available hydraulic models from the CITY and TxDOT will be collected to determine downstream water surface elevations and impact on the existing storm sewer within the study area. Exception will be utilizing downstream water surface elevations based on the open channel study of this contract as applicable for proposed improvements. b. Field Reconnaissance The ENGINEER will perform a field reconnaissance to become familiar with the existing storm drain systems within the drainage area. All drainage appurtances (inlets and junction boxes) will be documented with labeled digital photographs. c. Field Surveys There are numerous storm drains throughout the PROJECT. There are an estimated 40 existing inlets, 0 junction boxes and approximately 4,000 linear feet of storm drain pipes and/or boxes. Data for the storm drains shall be collected and a hydraulic model developed of each storm drain segment to evaluate their impact on the streets and adjacent structures. Additionally, each street within the watershed will have limited survey performed at each intersection to establish existing street grades. Task 2 Deliverables: • Documentation • Data Collection — Summary of Data Collection efforts and methodology including a list of data collected and sources and locations of reported flooding "hot spots" within the immediate study area. • Field Surveys — Summary of field survey efforts including primary control points and locations, elevation reference marks, and locations of surveyed roadway crossings and open sections. • Digital Data o Data Collection — Data collected from the CITY and other sources for the study. o Field Reconnaissance — Labeled digital photos and locations of areas of concern. o Field Surveys • Text Files: Survey text files in ASCII format of primary control points, secondary control points, elevation reference marks, surveyed hydraulic structures, stream cross-sections, inlets, and junction boxes. • Field Notes: Field notes in PDF format of surveyed hydraulic structures and stream cross-sections. • Photos: Labeled digital photos of surveyed hydraulic structures and stream cross-sections. ■ Work Maps: Work maps depicting survey data and locations. • One set of CD/DVDs containing electronic versions of all information (intermediate and final data and photos) gathered in this Task. Task 3: Master Drainage Plan for Various Closed System Storm Water Conveyance Exhibit A-1-3 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study The PROJECT area for the closed storm water system as shown in Attachment E-1 has storm drains systems that are located throughout the drainage area. a. Evaluate the Existing Conditions A model of the existing storm sewer system trunk lines within the study area shown in Attachment E-1 will be constructed and analyzed for the 5-, 25-, and 100-year flood frequency storm event. The model will consist of the existing drainage area information and conduit information. Based upon the model, the extent of the deficiency of the existing storm sewer system will be quantified. The ENGINEER will identify the cause(s) of the existing drainage problems. The basis of these findings will be the analysis of the existing storm sewer and downstream hydraulic models. Street capacity calculations shall be performed for each street at all intersections within the drainage watershed. b. Prepare Preliminary Improvement Alternatives Up to three design alternatives will be presented for storm sewer improvements to increase the level of service to current CITY standards. Cost Estimates and recommended phasing will be prepared for each of the alternatives to assist in the evaluation of the preferred alternative. A cost benefit analysis and construction phasing will be performed to assist in selecting the preferred alternative. It is assumed that any condition of assessment of existing storm sewer systems for possible re-use or rehabilitation is outside this scope of services. c. Interim Letter Report with Recommendations A letter report of the findings, results and recommendations will be made to the CITY. d. Finalize Models for Recommended Improvements Proposed storm sewer system models will be constructed and analyzed for the 5-, 25-, and 100-year flood frequency storm event. The proposed storm sewer models will incorporate newly designed/ constructed improvements from engineer plans provided by the CITY. Based upon the model, the system will be refined to have sufficient intake & conduit capacity and to maintain a hydraulic grade line (HGL) below or at the gutter elevation of the roadway for the length of the project and 1-ft at inlets. Additional ROW will be determined based on pipe size and utility conflicts for finalized recommendation, if required. e. Produce Storm Sewer Drainage Area Map The ENGINEER shall provide preliminary storm sewer overall drainage area map and exhibits for the selected improvements. The overall drainage area map will consist of drainage areas, the 5-, 25-, and 100-year flood frequency storm event storm sewer runoff rates, and flow direction arrows. f. Exhibit Sheets — Conceptual Plan The exhibits will include a conceptual layout of all proposed storm sewer trunk lines, inlets, and ditches. The vertical design data and utilities shall be shown to the extent possible based on the available survey and GIS data for proposed flow lines, junction boxes and outlets. Exhibit A-1-4 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study g. Prepare Drainage Plan Engineering Report A final report will be prepared to document the research, models, maps, cost estimates and conclusions for the existing conditions, proposed alternatives and recommended alternatives. Copies of the report will be submitted to the CITY for review and approval. Final report will be provided on electronic media in addition to three (3) hard copies. The ENGINEER shall retain all work products generated and information gathered and used during the course of the project. This includes, but is not limited to, base data (such as CITY's base terrain data) as well as intermediate work products (e.g. the fill grid used in the hydrologic preprocessor, draft reports, etc.). These items shall be transmitted to the CITY's Project Manager by the end of the project. Assumptions: ❖ Beginning HGL for analysis shall begin at the corresponding flood levels of Dry Branch and Little Fossil Creek as published in the 2009 FEMA Flood Maps or as otherwise provided as "best available data" by the CITY. Task 3 Deliverables: • Documentation • Support Data — Relevant meeting notes and email correspondence, project status updates, and action items for ENGINEER, sub-consultants, and the CITY. • Completed Project Certification and Decision Log upon completion of the study. • Data Collection — Summary of Data Collection efforts and methodology including a list of data collected and sources and locations of reported flooding "hot spots" within the immediate study area. • Field Reconnaissance — Summary of Field Reconnaissance efforts including labeled digital photos and locations of special physical characteristics relevant to modeling. • Field Surveys — Summary of utilized field survey GIS data provided by CITY. • A summary and description of methodologies and assumptions used. The detailed summary shall include design criteria, software used, source data, watershed delineation method, watershed parameters, modeling considerations, and any special technical issues and resolutions. • A summary of results and a comparison with effective discharges and existing water surface elevations. • Any relevant correspondences, discussions, and technical decisions regarding model development including review comments and special issues. • A summary of the flood hazards within the watershed with general address, and depth of flooding for the existing and fully developed storms. • Upon completion of the project, the ENGINEER shall submit signed digital and hard copies of the QA/QC checklists. • Digital Data • Data Collection — Data collected from the CITY and other sources for the study. • Field Reconnaissance — Labeled digital photos and locations of areas of concern. Exhibit A-1-5 Storm Water Study No.SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study • The ENGINEER shall submit two sets of DVDs containing electronic versions of all information gathered and work products created such that the models and floodplain maps can essentially be duplicated. Exhibit A-1-6 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study ATTACHMENT B PROFESSIONAL SERVICES: BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO. SWS-004 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $ 219,679.00, as summarized in Exhibit "13-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and for all labor materials, supplies, and equipment necessary to complete the project. All permitting, application and similar fees will be paid directly by the CITY. B. The Engineer shall be paid in monthly partial payments as described in Exhibit "13-11", Section 1 — Method of Payment. 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. 11. Schedule (Working Days) — Refer to Attachment D for the complete schedule. A. A concept report shall be submitted within 100 working days after the "Notice to Proceed" letter is issued. B. A preliminary report shall be submitted within 80 working days after approval of the concept report. C. A final report shall be submitted within 40 working days after approval of the preliminary report. Attachment B-1 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES: BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO. SWS-004 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 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. B1-1 11/17/2010 Exhibit B-3 EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Engineering Design Services Associated with DRAINAGE STUDY FOR FUTURE STORM DRAIN SERVE TO BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN Storm Water Study No. SWS-004 Consulting Firm Scope of ervices Fee Amount Fee Percentage Prime A.N.A. Consultants, L.L.C. Engineering and $ 186,679.00 84.98% Project Management M/WBE Fulton Surveying, Inc. Survey Services $ 33,000.00 15.02% Total $ 219,679.00 100% SUMMARY OF M/WBE FEE Professional M/WBE Services Scope of Services Total Fee M/WBE Fee Percentage Engineering Water, Sewer, Paving and $219,679.00 $ 33,000.00 15.02% Services Drainage A.N.A. has attained the 15% MWBE goal established by the City of Fort Worth Minority and Women Owned Business Enterprises Office. 5-Exhibit 13-3-Design Fee Calculation s-080790-Study.AKA-1 11/17/2010 Exhibit 13-3A EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEE Engineering Design Services Associated with DRAINAGE STUDY FOR FUTURE STORM DRAIN SERVE TO BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN Storm Water Study No. SWS-004 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Services Description Amount % PRIME ENGINEER A.N.A. Consultants, L.L.C. jEngineering and Project Management $ 186,679.00 85% SUB ENGINEER Fulton Surveying, Inc. Surveying services 33,000.00 15% Total for Professional Servciesl $ 219,679.00 100% Sub-Participant Scope of Services Total Fee MWBE Fee % Fulton Surveying, Inc. Surveying services $ 219,679.00 $ 33,000.00 15% Non-MWBE Participation None 5-Exhibit B-3-Design Fee Calculations-080790-Study.WB-1 11/17/2010 Exhibit 13-313 EXHIBIT B-3B (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Engineering Design Services Associated with DRAINAGE STUDY FOR FUTURE STORM DRAIN SERVE TO BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN Storm Water Study No. SWS-004 BASIC ENGINEEIRNG DESIGN FEE: Engineering Services $ 219,679.00 SPECIAL SERVICES Reproduction Sub-Total (See Exhibit "13-3C") $1,860.00 Administration of Sub-consultant Services (10%) $3,300.00 Additional Services Fee Total $5,160.00 5-Exhibit B-3-Design Fee Calculation s-080790-Study.flS D-1 11/17/2010 Exhibit B-3C EXHIBIT B-3C (SUPPLEMENT TO ATTACHMENT B) FEES FOR REPRODUCTION SERVICES Engineering Design Services Associated with DRAINAGE STUDY FOR FUTURE STORM DRAIN SERVE TO BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN Storm Water Study No. SWS-004 Estimated Number of Number of Cost per Type of Document Copies Pages Page Total Cost Preliminary Report 5 50 $0.25 $62.50 Preliminary Exhibits 5 20 $1.50 $150.00 Final Report 5 50 $0.25 $62.50 Final Exhibits 5 5 $1.50 $37.50 Mounted Exhibits 1 5 $8.00 $40.00 Photocopies 1 50 $0.15 $7.50 Binding/Punching/Delivery 10 1000 $0.15 $1,500.00 Reproduction Sub-Total 5-Exhibit B-3-Design Fee Calculations-080790-Study.ME-1 Storm Water Study No. SWS-004 Bonnie Brae and Carter Riverside Drainage Master plan Study ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREMENT AND ATTACHMENT A PROFESSIONAL SERVICES: BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO. SWS-004 1. No service will be performed under Phases 2, 3, 4, or 5 of Attachment A of the contract. 2. No Geotechnical services will be performed with this project. 3. No permit preparations are associated with this contract. 4. Detailed Construction/Engineering drawings, cost estimates and specification documents are not included as a part of this contract. 5. Coordination with various franchise utilities and or permitting agencies are not included as a part of this contract. 6. No subsurface utility engineering (SUE) services will be performed under this contract. G:\JOB\080790\Contract\6-Attachment C.doc C - 1 iz o Z: oon 0: Z CL z z IL W w 0 z co 0 0 oC - 0 0 ED z -8 W N cr w 6 o Z Z LU 7 ui a se 13 :3 i2 cC.) W it ................................................................................................................ 2 m cr cr w 0 Zz cn z 0 ig w 2> i; i lu U) 4 Z 0 (1) ir LL 0 3 F g IL a (t cr E gl - . ' Ix L) 41 L) cr w ir (n L) G L x 13 6 0 cc F F, F FK, Attachment E-1 11/17/2010 Attachment E-1 PROJECT AREA EXHIBIT PROFESSIONAL SERVICES: BONNIE BRAE AND CARTER-RIVERSIDE NEIGHBORHOODS DRAINAGE MASTER PLAN STORM WATER STUDY NO. SWS-004 �, ?��1 .. a:e 4..J�>+i1►Z � tt 'II,:�by .� f � � a:z � Chi MM d m xl 6Aroer ,� a.� Iit �'�y t.•. �},c - I]: ,7. ;r; u I� qi;J' �1CC4etl39 fed d r,�'♦♦ .' a yC N,if7 00��',w',"'h�iBYq�. �, �p a,ue (.a St Y` Bonnie-Brae and Carter .�la ai Riverside Neighborhoods s A. u rC 5 �w 5 37' E-1 A.N.A. No.: 08-0790 M&C Review Page 1 of 2 Official site of the City of Fort Worth, texas CITY COUNCIL AGENDA FCRTWtlRTll .�_ COUNCIL ACTION: Approved on 9/21/2010 -Ord. No. 19347-09-2010 DATE: 9/21/2010 REFERENCE **C-24460 LOG NAME:20SWMBONNIEBRAEDRAINPLAN NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of an Agreement with ANA Consultants, LLC, in the Amount of $219,679.00 for the Bonnie Brae and Carter-Riverside Neighborhoods Drainage Master Plan, Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount, and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Stormwater Utility Fund in the Amount of$219,679.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; and 2. Authorize the City Manager to execute an Agreement with ANA Consultants, LLC, in the amount of$219,679.00 for the Bonnie Brae and Carter-Riverside Neighborhoods 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 was advertised for neighborhood drainage studies. Twenty-three statements of qualifications were received and ANA Consultants, LLC, was selected to prepare the Bonnie Brae and Carter-Riverside Neighborhoods Drainage Master Plan, Storm Water Study SWS-004, 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. ANA Consultants, LLC, proposes to perform this study for a lump-sum fee of $219,679.00. 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. ANA Consultants, LLC, a certified M/WBE firm, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's M/WBE goal on this project is 15 percent. This project is located in COUNCIL DISTRICTS 2 and 4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Stormwater Utility Fund. Upon approval the unaudited, unreserved, undesignated cash balance of the Stormwater Utility Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14076&councildate=9/21/2010 1/10/2011 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers 1) PE69 531200 0209202 $219,679.00 2) PE69 531200 0209202 $219,679.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Steve Eubanks (7857) .... .. .......111.1 ........ ......... ........... ........ ........ .. ........ .... ATTACHMENTS 20SWMBONNIEBRAEDRAINPLA AO.doc SWS-004 Bonnie Brae Map.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?I D=14076&councildate=9/21/2010 1/10/2011