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Item 10C City of Southlake, Texas MEMORANDUM C April 10, 2002 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E.,Director of Public Works, 481-2308 Subject: Approval of a professional services agreement between the City and KSA Engineering, Inc. for preparation of a Drainage Master Plan and development of documents to comply with the Storm Water Phase II Regulations. Action Requested: Approve a professional services agreement and authorize the Mayor to execute an agreement between the City and KSA Engineering, Inc. for preparation of a Drainage Master Plan and • development of documents in compliance with the EPA's Storm Water Phase II Final vile, Promulgated under the Clean Water Act. Background Information: On June 26, 2001, a presentation was made before the City Council concerning Storm Water Phase II and a Citywide Drainage Master Plan. Due to rapid growth and increased storm water run- off and its adverse impact on our environment, rules have been developed as part of National Pollutant Discharge Elimination System (NPDES) permitting to comply with the Clean Water Act (CWA) to prevent excessive amount of pollutants entering the state and the U.S. waters. The deadline for expression of intent to comply with CWA is March 10, 2003. The Drainage Master Plan (DMP) and the criteria manual will set forth the Council's policy for compliance with the NPDES. The DMP will examine capacity of primary creeks serving Southlake's 13 watersheds located within two (2) major basins (the Southlake Shores and the Big Bear Creek). The Hydraulic Engineering Center's (HEC) computer program will examine the current capacity of all primary creeks and the required size and the needed improvements under fully developed conditions. This information will be used to develop the associated costs, Council approved program for correction and Council approved funding mechanism to fund the program implementation. The agreement in general covers the following tasks: (No • Perfouni study and report of all Southlake's primary creeks resulting in a Drainage Master Plan. • Prepare a storm water drainage criteria manual for Southlake. • Prepare hydraulic models for all primary streams serving Southlake's 13 watersheds and the two (2) basins. • Assist the City staff in the development of a notice of intent or permit application required to comply with the Environmental Protection Agency's Storm Water Phase II Final rule, promulgated under the Clean Water Act. Financial Consideration: The Finance Department has confirmed that the 2001-2002 ClP provides $247,000 for this project. Phase II and Phase III of this project will continue only if the Council approves subsequent funding under 2002-2003 and 2003-2004 CIP. Citizen Input/ Board Review: Not applicable at this time. Legal Review: The City Attorney has reviewed the agreement as to the form. Alternatives: Will be presented upon completion of the Drainage Study for the Drainage Master Plan and the CIP funding mechanism. Supporting Documents: Drainage basins and watersheds map Professional Services Agreement Staff Recommendation: Approve a professional services agreement between the City and KSA Engineering, Inc. for preparation of documents to comply with the Storm Water Phase II Regulations. Staff Contact: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Charlie Thomas. P.E., City Engineer, 481-2175 PF/kw Watershed Drainage Basins with Major Creeks and Streams (.., __ _ ....„.... ...,.....m. , \4...) • , , , i ` a. l • GRAPE- L. e in , ,'. ' -,-'• ',. 1.1:—.....n '':,:`",.'."',,,.-;.,'Inn.''', -.':".,.-.nn:'. AN i'le!6.-.i... .. I • ...nn'.n.•••••:',..- '..- 1•!,,ni a• .'n. ' ..' r ry.. . . _ ...„, , , ,v, .. .....- \. ......: ,::-.., :-. .,...-....,, : 4Re,' Mt.... !' .• • .`:-.. . ... • '. ., . - , - ii 4 . , AAA---/// • s • ilit, � � s7 _ cam_ LO R BIC#BEAR n. `AR CREEK. , ,, r LEGEND DISCLAIMER 11 Watershed Boundaries (Ari,Thls data has been compiled for The •• / Southlake City Limits 'itv of Sonthlake.Venous official M and ertinscialsourcea were verused ffo Drainage Basins Inside Southlake City Limits µether this irdormation.Every effort .---) as made to ensure the accuracy of Major Creeks and Streams No Scale this data,however,no guarantee is given or implied as to the accuracy Parcels of said dare CThis document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of , 2001 between the CITY OF SOUTHLAKE, TEXAS, a municipal corporation and home rule City with its main offices located at 1400 Main Street, Southlake, Tarrant County, Texas (OWNER) and KSA Engineers, Inc., with its offices located at 140 E. Tyler Street, Suite 600, Longview, Texas 75606-1552, Gregg County, Texas (ENGINEER). OWNER intends to acquire all professional engineering services required for the project known as Drainage Master Plan and Stormwater Pollution Prevention Plan the aforesaid services are otherwise described in that Scope of Work and fees attached hereto as Attachment "A" and for all purposes incorporated herein(hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1—BASIC SERVICES OF ENGINEER 1.7. Operational Phase. (Not Used) SECTION 2—ADDITIONAL SERVICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall provide for OWNER professional engineering services in all phases of the 2.1. Services Requiring Authorization in Advance. Project to which this Agreement applies as hereinafter provided. These services will include serving as If authorized in writing by OWNER, ENGINEER shall OWNER's professional engineering representative for furnish or obtain from others Additional Services of the the project, providing professional engineering types listed in paragraphs 2.1.1. through 2.1.14. consultation and advice and furnishing customary civil inclusive. These services are not included as part of services incidental thereto. Basic Services except to the extent provided otherwise in this Agreement; these will be paid for by OWNER as 1.2. Study and Report Phase. indicated in Section 5. After written authorization to proceed, ENGINEER shall 2.1.1. Preparation of applications and supporting provide the Services described in Exhibit "A". documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or 1.3. Preliminary Design Phase. (Not Used) advances in connection with the Project; preparation or review of environmental assessments and impact 1.4. Final Design Phase. (Not Used) statements; review and evaluation of the effect on the design requirements of the Project of any such 1.5. Bidding or Negotiating Phase. (Not Used) statements and documents prepared by others; and assistance in obtaining approvals of authorities having 1.6. Construction Phase. (Not Used) jurisdiction over the anticipated environmental impact of the project. construction, materials or equipment for the Project than 2.1.2. Services to make measured drawings of or to are contemplated by paragraph 5.1.1. If ENGINEER's investigate existing conditions or facilities, or to verify compensation is on the basis of a percentage of the accuracy of drawings or other information furnished Construction Cost and ENGINEER has been required to by OWNER. prepare Contract Documents on the assumption that more than one prime contract will be awarded for 2.1.3. Services resulting from significant changes in the construction, materials and equipment, but only one general scope, extent or character of the Project or its prime contract is awarded for construction, materials and design including, but not limited to changes in size, equipment for the Project, services attributable to the complexity, OWNER's schedule, character of preparation of contract documentation that was rendered construction or method of financing; and revising unusable and any revisions or additions to contract previously accepted studies, reports, design documents documentation used that was necessitated by the award or Contract Documents when such revisions are required of only one prime contract. by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such 2.1.9. Services during out-of-town travel required of studies, reports or documents, or are due to any other ENGINEER other than visits to the site or OWNER's cause beyond ENGINEER's control. office as required by Section 1. 2.1.4. Providing renderings or models for OWNER's 2.1.10. Assistance in connection with bid protest, use. rebidding, or renegotiating contracts for construction, materials, equipment or services when ENGINEER did 2.1.5. Preparing documents for alternate bids requested not create or contribute to the event or situation by OWNER for Contractor(s)' work which is not requiring said assistance, rebidding, renegotiating, executed or documents for out-of-sequence work. materials, equipment, or services. 2.1.6. Investigations and studies involving, but not 2.1.11. Providing any type of property surveys or limited to, detailed consideration of operations, related engineering services needed for the transfer of '1 , maintenance and overhead expenses; providing value interests in real property and field surveys for design engineering during the course of design; the preparation purposes and engineering surveys and staking to enable of feasibility studies, cash flow and economic Contractor(s) to proceed with their work; and providing evaluations, rate schedules and appraisals; assistance in other special field surveys. obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in 2.1.12. Preparation of operating, maintenance and obtaining process licensing; detailed quantity surveys of staffing manuals to supplement Basic Services under material, equipment and labor; and audits or inventories paragraph 1.7. required in connection with construction performed by OWNER. 2.1.13. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or 2.1.7. Furnishing services of independent professional other legal or administrative proceeding involving the associates and consultants for other than Basic Services Project unless ENGINEER created or contributed to the (which include, but are not limited to, customary civil, cause of the litigation. structural, mechanical, and electrical engineering and customary architectural design incidental thereto); and 2.1.14. Additional services in connection with the providing data or services of the types described in Project, including services which are to be furnished by paragraph 3.4 when OWNER employs ENGINEER to OWNER in accordance with Section 3, and services not provide such data or services in lieu of furnishing the otherwise provided for in this Agreement. same in accordance with paragraph 3.4. 2.2. Required Additional Services. 2.1.8. If ENGINEER's compensation is on the basis of a lump sum, percentage of Construction Cost, or cost-plus When required by the Contract Documents in a fixed fee method of payment, services resulting from circumstances beyond ENGINEER's control, the award of more separate prime contracts for ENGINEER shall furnish or obtain from others, as Page 2 of 9 Pages circumstances require during construction and with 3.1. Designate in writing a person to act as OWNER's specific authorization from OWNER, Additional representative with respect to the services to be rendered Services of the types listed in paragraphs 2.2.1 through under this Agreement. Such person shall have complete 2.2.6, inclusive. These services are not included as part authority to transmit instructions, receive information, of Basic Services. ENGINEER shall advise OWNER interpret and define OWNER's policies and decisions promptly before starting any of the following additional with respect to ENGINEER's services for the Project. services which will be paid for by OWNER as indicated in Section 5. 3.2. Provide all criteria and full information as to OWNER's requirements for the Project, including 2.2.1. Services in connection with work directive design objectives and constraints, space, capacity and changes and change orders to reflect changes requested performance requirements, flexibility and expandability, by OWNER if the resulting change in compensation for and any budgetary limitations; and furnish copies of all Basic Services is not commensurate with the additional design and construction standards which OWNER will services rendered. require to be included in the Drawings and Specifications. 2.2.2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of 3.3. Assist ENGINEER by placing at ENGINEER's substitutions proposed by Contractor(s); and services disposal all available information pertinent to the Project after the award of each contract in evaluating and including previous reports and any other data relative to determining the acceptability of an unreasonable or design or construction of the Project. excessive number of substitutions proposed by Contractor. 3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to 2.2.3. Services resulting from significant delays, the extent provided otherwise in this Agreement) the changes or price increases occurring as a direct or following: indirect result of material, equipment or energy shortages. 3.4.1. data prepared by or resulting from the %ow services of others, including without limitation 2.2.4. Additional or extended services during borings, probings and subsurface explorations, construction made necessary by (1) work damaged by hydrographic surveys, laboratory tests and inspections fire or other cause during construction, (2) a significant of samples, materials and equipment; amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule 3.4.2. appropriate professional interpretations of all involving services beyond normal working hours, or (4) of the foregoing; default by any Contractor. 3.4.3. environmental assessment and impact 2.2.5. Services (other than Basic Services during the statements; Operations Phase) in connection with any partial utilization of any part of the Project by OWNER prior to 3.4.4. property, boundary, easement, right-of-way, Substantial Completion. topographic and utility surveys, to the extent required by ENGINEER, and only if not required to be 2.2.6. Evaluating an unreasonable or extensive number performed by ENGINEER as set out in ENGINEER's of claims submitted by Contractor(s) or others in Proposal; connection with the work. 3.4.5. property descriptions; SECTION 3—OWNER'S RESPONSIBILITIES 3.4.6. zoning, deed and other land use restrictions; all of which ENGINEER may use and rely upon in OWNER shall do the following in a timely manner so as performing services under this Agreement. not to delay the services of ENGINEER: 3.5. Provide engineering surveys to establish reference Page 3 of 9 Pages points for construction (unless required to be performed the entire Project, designate a person or organization to by Engineer as Basic Services under ENGINEER's have authority and responsibility for coordinating the Proposal) to enable Contractor(s) to proceed with the activities among the various prime contractors. layout of the work. 3.12. Furnish to ENGINEER data or estimated figures 3.6. Arrange for access to and make all provisions for as to OWNER'S anticipated costs for services to be ENGINEER to enter upon public and private property as provided by others for OWNER (such as services required for ENGINEER to perform services under this pursuant to paragraphs 3.7 through 3.11, inclusive) so Agreement. that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented 3.13. Attend the pre-bid conference, bid opening, pre- by ENGINEER, obtain advice of an attorney, insurance construction conferences, construction progress and counselor and other consultants as OWNER deems other job-related meetings and substantial completion appropriate for such examination and render in writing inspections and final payment inspections. decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes 3.8. Furnish approvals and permits from all aware of any development that affects the scope or governmental authorities having jurisdiction over the timing of ENGINEER's services, or any defect or non- Project and such approvals and consents from others as conformance in the work of any Contractor. may be necessary for completion of the Project, unless required to be performed by ENGINEER as Basic 3.15. Furnish, or direct ENGINEER to provide, Services under this Agreement. Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.9. Provide such accounting, independent cost estimating and insurance counseling services as may, in 3.16. ENGINEER shall not be obligated to bear any of the judgement of the OWNER, be required for the the costs of compliance with this Section 3. Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal SECTION 4—PERIODS OF SERVICE issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what 4.1. The provisions of this Section 4 and the various purpose any Contractor has used the moneys paid under rates of compensation for ENGINEER's services the construction contract, and such inspection services as provided for elsewhere in this Agreement have been OWNER may require to ascertain that Contractor(s) are agreed to in anticipation of the orderly and continuous complying with any law, rule, regulation, ordinance, progress of the Project through completion of the code or order applicable to their furnishing and Operational Phase. ENGINEER's obligation to render performing the work. services hereunder will extend for a period which may reasonably be required for the design, award of 3.10 If OWNER designates a person to represent contracts, construction and initial operation of the OWNER at the site who is not ENGINEER or Project including extra work and required extensions ENGINEER's agent or employee, the duties, thereto. If in Section 8 of this Agreement specific responsibilities and limitations of authority of such other periods of time for rendering services are set forth or person and the affect thereof on the duties and specific dates by which services are to be completed are responsibilities of ENGINEER and the Resident Project provided and if such dates are exceeded through no fault Representative (and any assistants) will be set forth in an of ENGINEER, all rates, measures and amounts of exhibit that is to be identified, attached to and made a compensation provided herein may be subject to part of this Agreement before such services begin. equitable adjustment. 3.11. If more than one prime contract is to be awarded 4.2. The services called for in the Study and Report for construction, materials, equipment and services for Phase will be completed and the Report submitted within Page 4 of 9 Pages any stipulated period indicated in Section 8 hereof after payment on the last prime contract to be completed. written authorization to proceed with that phase of Construction Phase services may be rendered at different services which will be given by OWNER within seven times if the project involves more than one prime (7)days after ENGINEER has signed this Agreement. contract. 4.3. After acceptance by OWNER of the Study and 4.8. The Operational Phase may commence during the Report Phase documents indicating any specific Construction Phase and will terminate twa (2)years after modifications or changes in the general scope, extent or the date of City Council approval of the final payment character of the Project desired by OWNER, and upon for the last prime contract for construction, materials and written authorization from OWNER, ENGINEER shall equipment on which substantial completion is achieved. proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit 4.9. If OWNER requests significant modifications or preliminary design documents and a revised opinion of changes in the general scope, extent or character of the probable Total Project Costs within any stipulated Project, the time of performance of ENGINEER'S period. services may be adjusted equitably to reflect the additional time and expenses, if any, incurred by 4.4. After acceptance by OWNER of the Preliminary ENGINEER to respond to the OWNER's request. Design Phase documents and revised opinion of probable Total Project Costs, indicating any specific modifications 4.10. If ENGINEER's services for the Design or or changes in the general scope, extent or character of Construction phases of the Project are delayed or the Project desired by OWNER, and upon written suspended for more than one year for reasons beyond authorization from OWNER, ENGINEER shall proceed ENGINEER's control, the various rates of compensation with the performance of the services called for in the provided for elsewhere in this Agreement may be subject Final Design Phase; and shall deliver Contract to equitable adjustment upon submission of Documents and a revised opinion of probable Total documentation by ENGINEER to OWNER establishing Project Costs for all work of Contractor(s) on the Project the basis for such adjustment. within any stipulated period indicated in Section 8 hereof. 4.11. In the event that the work designed or specified by ENGINEER is to be furnished or performed under more 4.5. ENGINEER's services under the Study and Report than one prime contract, or if ENGINEER's services are Phase, Preliminary Design Phase and Final Design to be separately sequenced with the work of one or more Phase shall each be considered complete when the prime contractors (such as in the case of fast-tracking), submission for that phase have been accepted by OWNER and ENGINEER shall, prior to commencement OWNER. of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final 4.6. After acceptance by OWNER of the ENGINEER'S Design, Bidding or Negotiating and Construction Phases Drawings, Specifications and other Final Design Phase in order to sequence and coordinate properly such documentation including the most recent opinion of services as are applicable to the work under such probable Total Project Costs and upon written separate contracts. authorization to proceed, ENGINEER shall proceed with performance of the services called for in the SECTION 5—PAYMENTS TO ENGINEER Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations 5.1. Methods of Payment for Services and Expenses with prospective Contractor(s). of ENGINEER. 4.7. The Construction Phase commences with the 5.1.1. For services to be performed by Engineer, as set execution of the first prime contract for the work of the out in the attached Exhibit "A" and as further set out in Project or any part thereof, and said Phase terminates these contractual documents, save and except for upon City Council approval of the final payment after specified special and additional services, OWNER shall written recommendation by ENGINEER of fmal pay to ENGINEER an amount based on a lump sum and Page 5 of 9 Pages a cost and time per diem basis (as set out in Exhibit "A") experienced and qualified professional engineer, familiar in a total amount not to exceed $647,000. For with the construction industry; but ENGINEER cannot additional services authorized by OWNER in accordance and does not guarantee that proposals, bids or actual with Section 2 of this Agreement, OWNER shall pay in Total Project or Construction Costs will not vary from accordance with the attached Exhibit "A". opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER 5.2. Times of Payment. wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an ENGINEER shall submit monthly statements for the independent cost estimator as provided in paragraph 3.9. services rendered and for the expenses and hourly costs incurred. The statements will be based upon SECTION 7—GENERAL CONSIDERATION ENGINEER's estimate of the proportion of the total services actually completed at the time of the billing. All monthly statements shall be in a form as specified by and acceptable to OWNER. OWNER shall make 7.1. Termination. payment upon said statements within thirty (30) days following receipt thereof. 7.1.1. The obligation to provide further services under this Agreement may be terminated by either party upon SECTION 6—CONSTRUCTION COST AND thirty (30) days' written notice in the event of substantial OPL IONS OF COST failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 6.1. Construction Cost. 7.2. Reuse of Documents. ENGINEER acknowledges that OWNER is a The construction cost of the entire Project (herein governmental entity and that all Drawings, referred to as "Construction Cost") means the total cost Specifications, and other documents prepared or to OWNER of those portions of the entire Project furnished by ENGINEER (and ENGINEER's designed and specified by ENGINEER, but it will not professional associates and consultants) under this include ENGINEER's compensation and expenses, the Agreement are instruments of service in respect of the cost of land, rights-of-way, or compensation for or Project and property of the OWNER and upon damages to properties unless this Agreement so completion of the Project shall thereafter be subject to specifies, nor will it include OWNER's legal, the Texas Public Information Act (Texas Government accounting, insurance counseling or auditing services, or Code Chapter 552) and any other applicable laws interest and financing charges incurred in connection requiring public disclosure of the information contained with the Project or the cost of other services to be in said documents. provided by others to OWNER pursuant to Section 3, as applicable. [Construction Cost is one of the items 7.3. Insurance. comprising Total Project Costs which is defined in paragraph 1.2.6.] 7.3.1. ENGINEER shall procure and maintain insurance, in amounts acceptable to OWNER, for 6.2. Opinions of Cost. protection from claims under workers' compensation acts, claims for damages because of bodily injury It is understood by the Parties that ENGINEER has no including personal injury, sickness or disease or death of control over the cost of labor, materials, equipment or any and all employees or of any person other than such services furnished by others, or over the Contractor(s)' employees, from claims or damages because of injury to methods of determining prices, or over competitive or destruction of property including loss of use resulting bidding or market conditions. Therefore, ENGINEER's therefrom, and from damages or claims as a result of opinions of probable Total Project Costs and acts of errors or omissions of the ENGINEER made Construction Cost provided for herein are to be made on during the performance of this contract. All liability the basis of ENGINEER's experience and qualifications insurance required under this paragraph 7.3.1. shall and represent ENGINEER's best judgment as an include OWNER, OWNER's agents and employees as (lior Page 6 of 9 Pages additional named insured and be with a company or to the other party to this Agreement and to the partners, icompanies satisfactory to OWNER. All workers' successors, executors, administrators and legal compensation coverage shall include in its provisions a representatives (and said assigns) of such other party, in waiver of any rights of subrogation against the OWNER. respect of all covenants, agreements and obligations of this Agreement. 7.3.2. Before commencement of any work, the ENGINEER shall submit written evidence that he and all 7.5.2. Neither OWNER nor ENGINEER shall assign, his subcontractors (if the ENGINEER employs sublet or transfer any rights under or interest in subcontractors in the performance of this Agreement) (including, but without limitation, moneys that may have obtained the minimum insurance required by the become due or moneys that are due) this Agreement this Agreement. Such written evidence shall be in the without the written consent of the other, except to the form of a Certificate of Insurance executed by the extent that any assignment, subletting or transfer is ENGINEER's insurance carrier showing such policies in mandated by law or the effect of this limitation may be force for the specified period or by furnishing a copy of restricted by law. Unless specifically stated to the the actual policy or policies. Each policy or certificate contrary in any written consent to an assignment, no will bear an endorsement or statement waiving right of assignment will release or discharge the assignor from cancellation or reduction in coverage without thirty (30) any duty or responsibility under this Agreement. days' notice in writing to be delivered by registered mail Nothing contained in this paragraph shall prevent to the OWNER. ENGINEER from employing such independent professional associates and consultants as ENGINEER 7.3.3. The ENGINEER shall not commence work under may deem appropriate to assist in the performance of this Agreement until he has obtained at his expense all services hereunder, provided such independent associates insurance required under this section and such insurance or consultants are approved in writing in advance by has been approved by the OWNER, nor shall the OWNER and are paid by ENGINEER. ENGINEER allow any subcontractor to commence work on any subcontract until all similar insurance required of 7.5.3. Nothing under this Agreement shall be construed the subcontractor has been so obtained and approved. to give any rights or benefits in this Agreement to `ice, Such insurance shall remain in full force and effect on all anyone other than OWNER and ENGINEER, and all .00 phases of the work, whether or not the work is occupied duties and responsibilities undertaken pursuant to this or utilized by the OWNER, until all work under the Agreement will be for the sole and exclusive benefit of Agreement is completed and has been accepted by the OWNER and ENGINEER and not for the benefit of any OWNER. other party. 7.3.4. Nothing contained in the insurance requirements SECTION 8—SPECIAL PROVISIONS, shall be construed as limiting the extent of the SCHEDULES, AND EXHIBITS ENGINEER's responsibility for payment of damages resulting from his operations. 7.4. Controlling Law. 8.1. Special Provisions This Agreement is to be governed by the law of the state Any other provisions of this Agreement or other of Texas. Venue shall lie exclusively in Tarrant County, documents included by reference herein to the contrary Texas for all state actions and in the Fort Worth Division notwithstanding, the following provisions shall apply to of the Central District of Texas for all federal actions. this Agreement and the respective duties and responsibilities of OWNER and ENGINEER affected 7.5. Successors and Assigns. thereby: 7.5.1. OWNER and ENGINEER each is hereby bound 8.1.1. As to the contractual relationship between and the partners, successors, executors, administrators ENGINEER and OWNER, ENGINEER is and shall be and legal representatives of OWNER and ENGINEER considered in all things an independent contractor. (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound 8.1.2. This contract shall not be subject to binding Page 7 of 9 Pages arbitration. professional liability (errors and omissions) insurance tir policy placed with a company rated at least A by Bests 8.1.3. OWNER reserves the right, with ENGINEER's Key Rating Guide, authorized to do business in Texas, in agreement, to consolidate any and all phases of an amount not less than one million dollars ($1 million) performance set out in the standard form contractual for each occurrence, one million dollars ($1 million) in documents. The consolidation of said services shall not the aggregate. Such policy shall require the giving of in any way affect the ENGINEER's responsibilities to written notice to OWNER at least thirty (30) days prior perform the services set out therein. to cancellation, nonrenewal or material modification of any policies, evidenced by return receipt or United 8.1.4. This Agreement may be terminated by the States certified mail. ENGINEER shall furnish OWNER OWNER hereto, with or without cause, upon ten (10) with copies of said policies or certificates evidencing days' written notice thereof. If this Agreement is such coverage. terminated by the OWNER without cause, the ENGINEER shall be paid for services performed to 8.5. Entire Agreement. termination date, including all reimbursable expenses then incurred. This Agreement, together with the exhibits and schedules identified above, constitute the entire Agreement 8.2. Schedules. between OWNER and ENGINEER and supersede all prior or oral understandings. This Agreement and said Where appropriate, the following time limitations for the exhibits and schedules may only be amended, following phase(s) of services shall apply: supplemented, modified or canceled by a duly executed written instrument. 8.2.1. The Study and Report Phase Services/Preliminary Design Phase Services shall be completed and all 8.6. Severability. reports, opinions of costs, documentation, contract documents, and other tangible materials required under The invalidity of any provision of this Agreement shall this Agreement shall be completed and submitted by not affect the validity or enforceability of any other tally ENGINEER within the time limits set out in Exhibit provision of this Agreement. „A„ 8.7. Waiver. 8.2.2. (Not Used) The waiver of any breach of a term or condition of this 8.2.3. (Not Used) Agreement does not waive any other breach of that term or condition or any breach of any other term or 8.2.4. TIME IS OF THE ESSENCE IN THE condition of this Agreement. PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. (The remainder of this page was left blank intentionally.) 8.3. Exhibits. The following exhibits are attached to and made a part of this Agreement: 8.3.1. Exhibit A, ENGINEER's Scope of Services. Provided, however, that where the terms and provisions of the above-referenced exhibit(s) shall conflict with the terms and provisions of this standard contract, this standard contract shall control. 8.4. Professional Liability Insurance ENGINEER shall maintain, at no expense to OWNER, a Page 8 of 9 Pages C IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: CITY OF SOUTHLAKE, TEXAS KSA ENGINEERS, INC. By: By: Pedram Farahnak, P.E. n e H Young, Director of Public Works (Q,e isident By: Billy Campbell City Manager tiow By: Rick Stacy Mayor Address for giving notices: Address for giving notices: 1400 Main Street, Suite 320 140 East Tyler Street, Suite 600 Southlake, Texas 76092 Longview, TX 75606-1552 ATTEST: ATTEST: City Secretary Corporate Secretary (Original 1 of 3 Originals) Page 9 of 9 Pages .„L-iY EXHIBIT A ( ENGINEERS, INC. Engineers • Planners • Surveyors Longview March 26, 2001 Tyler Lufkin via hand delivery Austin Dallas Mr. Pedram Farahnak, P.E. Director of Public Works City of Southlake 1400 Main St., Suite 320 Southlake, Texas 76092 Re: Proposal for Professional Engineering Services Drainage Master Plan Dear Pedram: This letter will serve as our proposal to provide professional engineering • services for the following projects: Mir • Perform a study and report resulting in a Drainage Master Plan for the City of Southlake • Evaluate and update the City's Storm Water Drainage Criteria Manual. • Update the hydraulic models for all of the major streams within the City of Southlake. • Assist the City in the development of a notice of intent or permit application required to comply with the Environmental Protection Agency's Storm Water Phase II Final Rule, promulgated under the Clean Water Act. We understand that no other engineer is under contract to perform this work. Following is a detailed description of the proposed scope of work: Scope of Work I. Problem Identification & Inventory A. Collect and review copies of all available previous drainage studies performed within the City of Southlake. • B. Collect and review existing FEMA computer models and maps. C. Collect and review available record drawings for all developed drainage systems and major drainage structures within the City ,,,U°e 00�`St of Southlake. PO Box 1552 Longview,TX 75606-1552 903-236-7700 903-236-7779 Fax www.ksaeng.com Mr. Pedram Farahnak, P.E. March 26, 2001 Page 2 of 5 D. Meet with City staff and tour the existing City drainage facilities. Discuss and document previously reported drainage problems with City Staff. E. Obtain copies of existing CAD topographic maps from the City. F. Obtain copies of USGS quadrangle maps for the City. G. Obtain copies of existing aerial photographs from the City. H. Obtain a copy of the land use and zoning maps from the City. II. Field Surveying and Mapping A. Perform field surveying of major drainageways within the City to include cross sections, identification of critical slab elevations, and denotation of land use and ground cover. The major drainageways to be included are the 26.5 stream miles identified in the previous Master Drainage Plan Report by Freese & Nichols dated April 1998. B. Contract with a sub-consultant ROW agent to obtain permission to survey on private property, where necessary. C. Update the City's drainage facility maps to include findings from the field. Prepare updated maps and deliver to the City. Base maps to be used are the 38 drawings included in the Master Drainage Plan Report dated April 1998. We have assumed that the computer files for these drawings will be available for us to use in our updating effort. No GIS work is included in our proposal. All drawings will be done in AutoCad. III. Analysis of Alternative Solutions A. Work with City staff to develop a listing of alternative solutions to existing drainage problems and problems associated with future increases in drainage flowrates. B. Evaluate alternative drainage solutions and coordinate with City to accept preferred solutions for incorporation into the Drainage Master Plan. IV: Preparation of Hydraulic Models • A. Divide the City into drainage basins for study purposes. B. Update the existing FEMA HEC-1 models to reflect projected future land uses. C. Update the existing FEMA HEC-2 models to reflect projected future flowrates with existing channel features. D. Update the existing FEMA HEC-2 models to reflect projected future flowrates with recommended future channel features for development of the projects to be included in the Capital Improvements Program. \\LONGVIEW_SERVER2\MAIN1\market\2628-s1\PF 3-26-01 Proposal.doc Mr. Pedram Farahnak, P.E. March 26, 2001 Page 3 of 5 L V. Preparation of Drainage Capital Improvements Program A. Prepare prioritized listing of recommended drainage improvements. B. Develop cost estimates for each of the recommended projects. • C. Develop a recommended Drainage Capital Improvements Program. - VI. Implementation A. Prepare the Drainage Master Plan report detailing study methods, results, and the recommended Capital Improvements Program. Print and deliver 5 copies of the draft report for review by the City. After review, incorporate the City's comments and print and deliver 30 copies of the final report. B. Assist the City in development of ordinance revisions to implement policy changes recommended by the Master Drainage Plan. C. Review and update the City's Storm Water Drainage Criteria Manual. Print and deliver 5 copies of the draft manual for review by the City. After review, incorporate the City's comments and print and deliver 30 copies of the revised manual, along with reproducible originals. VII. EPA Storm Water, Phase II The EPA Phase II Storm Water Permit requires that a NOI or individual permit application be submitted no later than March 10, 2003. A general permit will be prepared by the TNRCC, who will serve as the NPDES permitting authority. At this point, the draft general permit has not been prepared. The City may choose to be permitted under the general permit by submitting a notice of intent (NOI). In addition, the City may choose to use an individual permit or join with another group of permittees as a co-permittee. Regardless of the method chosen, the City will need to develop the following to be included in their NOI or individual permit application: • Best Management Practices for each of the following minimum control measures: ❑ Public education and outreach on storm water impacts. o Public participation and involvement. ❑ Illicit discharge detection and elimination. ❑ Construction site storm water runoff control. • M:\market\2628-s1\PF 3-26-01 Proposal.doc Mr. Pedram Farahnak, P.E. March 26, 2001 Page 4 of 5 ❑ Post-construction storm water management in new development/redevelopment. o Pollution prevention/good housekeeping for municipal operations. • • Measurable goals for each minimum control measure (i.e., narrative or numeric standards used to gauge the program effectiveness). • A schedule for program implementation, including interim milestones and frequency. • The person or persons responsible for implementing or coordinating the storm water program. We propose to perform the following services to assist the City in submitting the NOI or the individual permit application: A. Prepare maps for the entire City locating outfalls to the waters of the US. We propose to use the existing drainage basemaps prepared by others to locate each outfall. B. Assist the City in the development of BMP's for each of the six areas described above. Implementation of the plan is not .► 110, included in this proposal. • C. Prepare a permit application or NOI for the City including best management practices, measurable goals for each minimum •control measure, an implementation schedule, and the names of individuals responsible for each part of the plan. D. Assist the City in the preparation of ordinance revisions to implement policy changes required by the plan. E. The update of the City's Storm Water.Drainage Criteria Manual will include guidance relating to the recommended BMP's for construction site activity and drainage facilities. Our proposal does not include assistance in the implementation of the Phase II plan. Services under this proposal will be complete upon submission of the NOI or the individual permit application. Schedule We propose the schedule included as Attachment 1 for completion of the work - described above. L \\LONGVIEW_SERVER2\MAIN1\market\2628-sI\PF 3-26-01 Proposal.doc • Mr. Pedram Farahnak, P.E. • March 26, 2001 Page 5 of 5 Compensation Our proposed fees for the work shown above are included in Attachment 2. Items denoted as lump sum will be invoiced monthly on a percentage complete basis. Items denoted as hourly will be invoiced monthly on an hourly basis in accordance with the rate schedule included as Attachment 3. . Reimbursable items shown on Attachment 2 will be invoiced at our cost plus an administrative mark-up of 10%. Our normal terms are net due within 15 days. Contract We appreciate the opportunity to provide this proposal and will be happy to address your questions at your earliest convenience. When appropriate, we will assist in the preparation of an standard engineering agreement for this work. Respectfully, KSA Engineers, Inc. • Mitchell L. ortner P.E. QYU , P . Vice President esident MLF/JHY/ab Enclosures Pc: KSA File 2628-SL, w/encl. L \\LONGVIEW_SERVER2\MAIN1\market\2628-sl\PF 3-26-01 Proposal.doc N N LL CO C CO CO j U 1Y CD Q (0 O E 11 0 a. 0 Q N N C 7 M 4 Q Cu m U. C ,. W Z C O N \V a CO L. r � Rio ,..... N �' Q' Cl) a)O N O a.) L {tii}}i: d. U 'CT) m C:1 C 3 L Q. I 1 o C co ' =+ Q. c c ' o g VCI 1 — I CD c io •= to ni 1 .c E m as5 O as i s ✓ od I L ›' L. 1r I d 4= 0, i CD _ CI a = I •1+ �+ y. is- H O , to C Q O O ►+ CI "0 ,� ! O O O 0 C ' E L. E N R C1).... d 1 0 E O � •>+ R w I � a a. a a Y o a. a' I a N L C L L � a L , Q • a a E E Iw o r N co 'T 10 CO n (110 Attachment 2 - Engineer Fees for City of Southlake Drainage Master Plan Item Invoicing No. Description Method Budget 1. Problem Identification &Inventory 1.1 Coordination & Review Lump Sum $10,000 1.2 Printing Reimbursable + 10% $7,000 2. Field Surveying & Mapping 2.1 Field Surveying &Investigations Hourly $150,000 2.2 ROW Agent Reimbursable + 10% $40,000 2.3 Update Drainage Facility Maps Lump Sum $40,000 3. Analysis of Alternative Solutions Lump Sum $10,000 4. Preparation of Hydraulic Models Lump Sum $195,000 5. Preparation of Drainage Capital Improvements Program Lump Sum $35,000 6. Implementation Lump Sum 6.1 Develop Master Drainage Plan Report Lump Sum $50,000 6.2 Assist with Ordinances Hourly $5,000 6.3 Drainage Criteria Manual Lump Sum $30,000 7. EPA Storm Water, Phase II Lump Sum $35,000 8. Allowance for Additional Services TBD $40,000 Total $647,000 Notes: 1. Allowance for additional services will not be used without prior written permission from the City of Southlake. Prior to use, a specific cost and scope of work will be established in writing for consideration by the City of Southlake. 03/26/2001 4:23 PM m:/market12628-s1/Southlake FEES.xls Page 1 of 1 SCHEDULE OF HOURLY FEES* Principal $95.00/hour Registered Engineer $85.00/hour Engineer-In-Training $60.00/hour CADD Technician $35.00/hour Secretary $35.00/hour Project Representative $45.00/hour Registered Surveyor $60.00/hour Field Party (2-Man) $85.00/hour Field Party (3-Man) $95.00/hour Field Party (4-Man) $105.00/hour GPS Crew (2-Man) $125.00/hour GPS Crew (3-Man) $135.00/hour Travel $0.38/mile Outside Consultants Cost + 10% • Subject to adjustments on annual basis for inflation or deflation. Any changes must be approved in writing by Owner and Engineer. • Page 1 of 1 page