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HomeMy WebLinkAbout2000-391AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKINS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Teague, Nall and Perkins, Inc, a Corporation, of Denton, Texas ("TN&P"), to provide professional engineering and surveying services to the City pertaining to the Pecan Creek Master Plan Update, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with Teague, Nall and Perkins, Inc, of Denton, Texas, for professional engineering and surveying services pertaining to the Pecan Creek Master Plan Update, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of TN&P and the ability of TN&P to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the L%�1 day of nAiAor 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordinances\00\Teague Nall & Perkms PSA Pecan Creek Master Plan doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE THJS AGREEMENT is made and entered into as of the llyt_ day of 2000, by and between the City of Denton, Texas, a Texas Municipal orporabon, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER'), and Teague, Nall, and Perkins, Inc , a Texas Corporation, with its offices at The Radio Center Building, 235 West Hickory, Suite 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional engineering services pertaining to the preliminary design and final design of, the preparation of construction plans and specifications for, services during the bidding process, the performance of related construction phase services, surveying services, and general representation during construction for the Pecan Creek Master Plan Update ARTICLE 11 SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Itemized Scope of Services", regarding Pecan Creek Master Plan Update, prepared by CONSULTANT for OWNER, which one (1) page document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document is comprised of, and subdivided into the following sections Phase I -Data Collection and Problem Identification, Phase II — Analysis, and Phase III - Optional Preparation of Elevation Certificates S Wur WeummWCovyxW.WMTevrya NYl A ftd P3A PasoQ k W E Page 1 of 10 B If there is any conflict, or if any conflict arises between the terms of this Agreement and the three (3) Exhibits, Exhibits "A," "B, e and/or "C," attached to this Agreement, then in such event, the terms and conditions of tlus Agreement shall control over the terms and conditions of the Exhibits ARTICLE iii ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article H above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially in accordance with the Schedule set forth in Exhibit "Bee ["Project Schedule"] attached hereto and incorporated herein by reference, said OWNER acting by and through its Assistant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, of surveying, or for related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project Exhibit "C" S �Ou, Ooeumevu�Cavvvq,1o01Teerye NWI B P .PSA ft. trek WO Page 2 of 10 ["Standard Rate Schedule For Reimbursable/Multiplier Contracts" respecting the calendar year 2000] shall apply to the cost of the six (6) specific items of direct cost to be incurred in the performance of the Project, as expressly set forth in the "Direct Cost Rennbursables" section of Exhibit "C," which exhibit is attached hereto and incorporated herewith by reference B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herem, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions of those three (3) tasks included in the Scope of Services set forth in Exhibit "A' attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the project schedule set forth in Exhibit'B " CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in Exlnbit "C" attached hereto, billed monthly CONSULTANT shall bill from time sheets, in mimmum'/4 hour or smaller time inciements, at the hourly rates and at the expense rates provided for in the "Standard Rate Schedule" set forth in Exhibit "C" OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, and for its Direct Non -Labor, out -of pocket expenses incurred in the Project, a total lump -sum amount of fees and expenses not to exceed $108,000 00 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work, performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or lus designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER S ww Mu mm�nupC TeWa NMI &FcMM=PM Paw6 kWEa Page 3 of 10 C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTTCTE VIi OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VITT INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status S WaD mmeoa�numl Tm,m Ntll k Pala PSA Pain R kW dm Page 4 of 10 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liabilities, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation, damages received or sustained for bodily and personal injury, death, or property damage, resulting from, and proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, subcontractors, subconsultants, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herem shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage Inruts for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with lmms of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER S NU Oxumavu aracu1041Tnp* Nall k Fe PSA Fsm peek Wtl Page 5 of 10 ARTICLE Xi ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing tlurty- (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the Continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or fimushed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE Xiii RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants S Wur Dacum®WhWryeuWRTwgaa NW k hrtlm PSA Pam Qak W E Page 6 of 10 All notices, communications, and reports required or permitted under tlus Agreement shall be personally (delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT Teague, Nall, and Perkins, Inc Gary Vickery, P E The Radio Center Building 235 West Hickory, Suite 100 Denton, Texas 76201 Fax (940)383-8026 To OWNER City of Denton, Texas Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 Fax (940)349-8596 All notices given under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and three (3) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable hi such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision \:71YCNMDAVI1 The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended s wurD ummurfauw=WTmn Null a PaduPHA Pam C kW as Page 7 of 10 ARTICLE XVIii DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap I117 0f-816sl.1►V A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE, XX ASSIGNABILITY The CONSULTANT shall not assign any interest in tlus Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XX7 MODIFICATION No waiver or modification of this Agreement, or of any covenant, condition, limitation herem contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg between the parties hereto ansmg out of, or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herem set forth MISCELLANEOUS A The following exhibits are attached to, incorporated herewith by reference, and is made a part of this Agreement for all purposes pertinent Exhibit "A" — "Itemized Scope of Services" [one (1) page document] S War WcwnenlclCouY,cY\OUTCOPt NAZI&P PSA Pao CN&W dM Page 8 of 10 Exhibit aB" — "Project Schedule" [one (1) page document] Exhibit "C" -- "Standard Rate Schedule for Reimbursement/Multiplier Contracts" for calendar year 2000 [one (1) page document] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to tlus Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of tlus Agreement, the parties agree that the Project Manager shall be Gary Vickery, P E This Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above -stated employee of CONSULTANT shall perform all or a sigmficant portion of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel serving the OWNER on this Project, requested by CONSULTANT, respecting one or more of the above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information famished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed thus Agreement in four (4) original counterparts, by and through its duly-authonzed City Manager, and S�., OowmmpMnavaauWNTaapa NAI k P.k NA F. QaakWm Page 9 of 10 CONSULTANT has excputed this Agree��}ent y d through its duly-authonzed undersigned officer on this the ��_ day of ! J 2000 "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By ichael Jez, eliManager ATTEST JENNIFER WALTERS, CITY SECRETARY By Ow. /,)A dA— APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By XU(J� — "CONSULTANT" TEAGUE, NALL, AND PERKINS, INC A Texas Corporation ATTEST LM saws.m<.UM4uvPouOPTP.&.NNI6Pm nu P..d kW Page 10 of 10 EXH I BIT 'A' ITEMIZED SCOPE OF SERVICES Teague Nall and Perkins, Inc, (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project Phase I - Data Collection and Problem Identification Fixed Fee $73,000 • Send written notification to property owners, advising them of the work to be done, and requesting permission to enter private property as necessary • Shoot finish floor elevations for all habitable structures in or immediately adjacent to the ultimate 100-year floodplain (approx 700-800 structures) • Run hydraulic models from the previous study with multiple profiles for both FEMA and ultimate discharges and establish limits and depths of flooding for each frequency event The profiles to be evaluated will include the FEMA 100-year and the fully developed conditions 2-, 5-, 10-, 25-, 50-, and 100-year events Buildings will be evaluated with respect to the 10-, 25-, 50-, and 100-year events, while bridges and culverts will be evaluated with respect to all of the storm events Models from the previous study will be used for this analysis Limited additional field surveying (up to two days in the field) will be conducted to address any changes or updates necessary to the models • Determine the level of protection currently provided at crossings and buildings A color -coded exhibit can be used to illustrate our findings, along with a table to be presented in a summary report • Prepare a summary report, including the exhibits and tables mentioned above, that supplements the 1997 study • Present summary report to the City Council and/or Public Utilities Board Phase II - Analysis Fixed Fee $26,000 • TNP will develop models of proposed improvements necessaryto contain the 25-year storm within the channel banks Building finish floor elevations obtained in Phase I will be evaluated with respect to the 50-year and 100-year storms with the proposed improvements in place The goal will be to determine how much 100-year protection is provided by channelizing the 25-year storm event It is likely that several iterations and/or alternatives will need to be considered • TNP will review our findings with City staff to determine if project objectives are being met In the event that improvements based on the 25-year storm do not produce the desired results with regard to 100-year protection, we will work with staff to revise the scope of the remaining effort with new objectives • Based on this staff review, cost estimates will be developed for the alternatives that most completely address project objectives • Cost -benefit analysis will be performed to select among alternatives and to prioritize improvements • Prepare a report to summarize findings • Present summary report to the City Council and/or Public Utilities Board Phase III — Optional Preparation of Elevation Certificates Fixed Fee $9,000 • After the analysis is complete, we will notify owners of structures that might benefit from preparation of Elevation Certificates for use in submittal of a LOMA or LOMR • Based on the response of property owners and the directions from the City staff, we will obtain additional information (primarily adjacent ground elevation) regarding specified structures (up to 75 structures), whether residential or commercial, for the purpose of preparing Elevation Certificates This task will be done on an as -requested basis for buildings that could be removed from the floodpiain by a LOMR or LOMA process Actual preparation of a LOMA or LOMR is not included in this scope of services • Phase III will not begin without authorization from the CLIENT The actual fee associated with Phase III may vary from the fixed fee shown, depending on the number of elevation certificates to be prepared The fee shown is for a maximum of 75 certificates EXHIBIT'B' PROJECT SCHEDULE TNP shall endeavor to accomplish the work in accordance with the following schedule Phase I — Data Collection and Problem Identification Phase I, including field surveying, hydraulic modeling, and report preparation, will be completed within 90 working days of receipt of written Authorization to Proceed Phase 11— Analysis Phase 11, including hydraulic modeling, analysis of potential improvements, cost estimates, and report preparation will be completed within 75 working days of approval of the Phase I report and written Authorization to Proceed with Phase II Phase III — Optional Preparation of Elevation Certificates Phase III will proceed after completion of Phase II The schedule will beset after it is determined how many Elevation Certificates will be prepared EXHIBIT'C' TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2000 to December 31, 2000 (updated 3/7/00) Engineering / Technical From To Principal $125 - $150 Per Hour Senior Engineer $75 - $106 Per Hour Engineer $65 - $95 Per Hour Graduate Engineer $55 - $80 Per Hour Senior Designer $65 - $95 Per Hour Landscape Architect / Planner $65 - $80 Per Hour CAD Operator $40 - $65 Per Hour Draftsman $40 - $65 Per Hour Clerical $35 - $55 Per Hour Resident Project Representative $37 50 - $50 Per Hour From To R P L S $75 - $95 Per Hour Senior Survey Technician $55 - $65 Per Hour Junior Survey Technician $45 - $55 Per Hour 2-Person Field Crew w/Equipment $80 - $90 Per Hour 3-Person Field Crew w/Equipment $100 - $110 Per Hour 2-Person G P S Crew w/Equipment $120 - $130 Per Hour 3-Person G P S Crew w/Equipment $140 - $150 Per Hour 1-Person Robotic Crew w/Equipment $75 - $85 Per Hour 2-Person Robotic Crew w/Equipment $95 - $105 Per Hour Direct Cost Reimbursables Xerox Copies $0 10/page Plots (Full Size) $10 00/each Plots (11" x 17") $2 50/each Blueline Prints $1 00/each Mylar Sepias $4 00/each Mileage $0 31/mile