Loading...
HomeMy WebLinkAboutContract 39489STATE OF TEXAS COUNTY OF TARRANT § iTY SECRETARY 3q ecl 4NTRACT NO �� KNOWN ALL BY THESE PRESENTS: THIS AGREEMENT, entered into the jLrw� day of VNipogA ..bv� , 2009 by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Jacobs EngineeringGroup Inc., an independent contractor "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Storm Water Management System Data Collection, Inventory and Mapping _ Year Two ("Project"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $3,590,056.00 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 particular services so ordered and receipt by City of Consultant's invoice for payment of same. 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 12 months, 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 8 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 Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability given $1,000,000 each accident (or reasonably coverage if written on a split limits basis). 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 equivalent limits of Coverage shall be on a. Except for employer's liability insurance coverage under Consultant's worker's compensation Iljaulallvv policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the City, Attention: Elizabeth Young, GISP, Transportation and Public Works Storm Water Management, 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. Professional Services Consultant Agreement Rev ] 0.6.09 Page 3 of 8 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 policyksj 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. 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. Professional Services Consultant Agreement Rev 10.6.09 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 maybe 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. ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Professional Services Consultant Agreement Rev 10.6.09 ARTICLE 11 OBSERVE AND COMPLY Page 5 of 8 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 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: Elizabeth Young, GISP Transportation and Public Works — Storm Water Management 1000 Throckmorton Street Fort Worth, Texas 76102 Professional Services Consultant Agreement Rev 10.6.09 Consultant: Jacobs Engineering Group Inc. Attn: Curtis Beitel, P.E., CFM 777 Main Street Fort Worth, Texas 76102 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 maybe executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Professional Services Consultant Agreement Rev 10.6.09 (Remainder of Page Intentionally Left Blank) Page 7 of 8 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: Fernando Costa Assistant City Manager RECOMMENDED: �f William A. Kerkest,'PX., Director Department of Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: Attorney ATTEST: City Secretary Date Professional Services Consultant Agreement Rev 10.6.09 JACOBS ENGINEERING GROUP INCQ: KevmY. Nelson, Y.Iv. Operations Manager, South Central Region Gont;raCt AUthorizatiox o�te Attachment A City of Fort Worth Storm Water Management System Data Collection, Inventory and Mapping - Year Two Scope of Work SECTION 1 -PROJECT DEFINITION The goal of Year One was to develop the storm water management system asset inventory and database for the top five priority mapsheds in the City and implement procedures for expanding and maintaining the database throughout Years Two, Three, and Four. Year One services was a pilot study to allow the City and the consultant team the opportunity to judge levels of effort required to produce the storm water mapping and inventory deliverables that the City needs as expressed in initial scoping meetings and Version 1.0 of the Quality Management Plan. It is conceivable that the Year One scope and the scope defined below will be adjusted in subsequent years to ensure that mapping program products are consistent with City budget resources. Monthly reporting will be provided as described in Task 1900 to document actual levels of effort required to accomplish mapping goals. Due to the level of effort for tasks and mapsheds and the available budget which may not cover all desired goals, some mapsheds may not be fully developed by the end of Year Four. Similarly, other tasks or mapsheds may be advanced into earlier years if project progress exceeds initial expectations. The scope dei=lned below encompasses the effort anticipated and the final asset inventoI deliverables by the end of Year Two. The overall project progress will be reviewed monthly, and the goals and scope as defined may be adjusted semi- annually at the direction of City staff in working with the consultant team. The goals of Years Two are to continue to develop the storm water management system asset inventory and database for the priority mapsheds defined by the City and define and begin a maintenance program for ongoing asset management. The scope of work includes updating the Quality Management Plan; vault and easement research; schematic development; easement development; schematic field reconnaissance; survey and data capture; validate and rectify schematic; limited condition assessment of specific assets; reporting; and project management. Year Two of the project will be developed using the procedures and workflows defined and approved in Year One, Approximately 37 square miles of mapsheds were developed for the schematic development task in Year One but the majority of those mapsheds were not surveyed, rectified, assessed nor integrated into the City's existing system. By the end of Year Two, schematic development will be complete for all 222 prioritized mapsheds, and field survey will be completed for approximately 59 mapsheds. SECTION II —BASIC SCOPE OF SERVICES Task 0100 —Update Quality Management Plan (QMPi The QMP defines how the Project Team intends to manage and assure the delivery of products that meet the City's goals and expectations. In the Year One project, the methods, procedures and QA/QC processes for each task were developed and tested for inclusion in Version 1.0 of the QMP. As the project progresses and matures, the procedures will continue to be refined to achieve efficiencies, and the QMP will be reviewed and updated accordingly. When procedures, processes and workflows are modified, the appropriate QMP section will be updated to reflect and include those changes. Task 0200 —Geodatabase Data Requirements (COMPLETED) The data requirements for the SWMS were compiled during the Year One project, and no further adjustments to the data requirements are included in this scope of work. Task 0300 —Geodatabase Design Schema (COMPLETED) The Geodatabase Design Schema for the SWMS was developed and finalized during the Year One project, and no major revisions to the geodatabase design schema are included in this scope of work. Task 0400 —Data Compilation The development of the Storm Water Management System schematic will rely on data resources from numerous sources of varying quality and accuracy. The data resources will be compiled, organized and evaluated prior to the development of the schematic. 1. Identify and organize available data resources 2. Complete Tier II and Tier III research for all data resource 3. Populate the Data Evaluation Matrix for each resource 4. Deliver completed matrix and findings summary for City acceptance Prior to late 2003, the City saved data resource documents as single page TIFF images as well as PDF documents. PDF documents cannot be georeferenced. Data resources saved only as PDF images will be converted to single page TIFF images. 1. Using the Data Evaluation Matrix, compile plan and as -built images that need to be converted from PDF to TIFF format 2. Convert PDF images to TIFF images 3. Deliver converted TIFF images in GIS format for City acceptance Data resources that are not in digital format will be scanned and saved as PDF and TIFF images. The images will be integrated with the City's existing image database as well as hyperlinked to the appropriate geographic entity. 1. Using the Data Evaluation Matrix, compile hard -copy plan and as -built resources that need to be scanned 2. Use scanning process and image naming convention defined in the QMP 3. Scan resources into TIFF and PDF images 4. Deliver scanned TIFF and PDF images in GIS format for City acceptance Task 0500 —Data Conversion for Schematic Development (NOT USED) During the effort of the Year One Pilot Program, the team realized that the conversion of the data to the required format was an embedded part of the data collection process and is difficult to track as a separate task. Therefore, all of the budget for data conversion required for schematic development is rolled into the Task 400 budget as an overall Data Compilation task for Years Two, Three, and Four. Task 0600 —Data Scanning for Schematic Development (NOT USED) During the effort of the Year One Pilot Program, the team realized that the scanning of the data to the required format was an embedded part of the data collection process and is difficult to track as a separate task. Therefore, all of the budget for data scanning required for schematic development is rolled into the Task 400 budget as an overall Data Compilation task for Years Two, Three, and Four. Task 0700 -Georeferencing for Schematic Development Georeferencing is the art of taking geographic data without a spatial reference and aligning it to geographic data with a known coordinate system. Once an image is georeferenced, it can be viewed as a layer with other GIS data and used to digitize the initial schematic. 1. Using the Data Evaluation Matrix, compile the plan and as -built TIFF images that need to be georeferenced 2. Use the georeferencing process, level of accuracy and image naming convention defined in the QMP 3. Georeference the images and save in GIS, rectify the images and save as TIFF images 4. Clip the images to the extent of plan contents instead of the extent of sheet 5. Create an index feature class that represents the geographic extent of each image as a polygon 6. Deliver georeferenced images and index feature class in GIS format for City acceptance It is the goal of this contract to complete the georeferencing for the schematic development for all 222 of the prioritized mapsheds by the end of Year Two. Task 0800 -Schematic Development The schematic will consist of the storm water conveyance and control system assets derived from plans and survey. 1. Using the geodatabase development procedures and QC processes defined in the QMP, create the schematic for the georeferenced plans a. Add point features b. Digitize line features in direction of flow c. Digitize polygon features in relation to assets Z. Verify that the schematic features meet or exceed the standards defined in the QMP a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors c. Test validity of schematic features using InfoWorks/InfoNet tools 3. Using the geodatabase development procedures and QC processes, populate the plan attributes for each feature a. Populate attributes for point features b. Populate attributes for line features and transfer data from point features c. Populate attributes for polygon features and transfer data from point features 4. Calculate intelligent unique ID, defined in QMP, for each feature 5. Verify that feature attributes meet the standards defined in the QMP a. Tools, queries and scripts b. Test validity of geodatabase attributes using InfoWorks/InfoNet tools c. Test integration of geodatabase with InfoWorks/InfoNet d. Perform QMP defined review of data integration process and resulting InfoWorks model database. e. Create InfoWorks/InfoNet model -ready dataset from geodatabase 6. Hyperlink plans to features 7. Deliver citywide geodatabase schematic in GIS format and model -ready dataset in InfoWorks format for City acceptance It is the goal of this contract to complete the schematic development for all 222 of the prioritized mapsheds by the end of Year Two. Task 0900 —Current Development and Maintenance of Database After the schematic is developed, new construction, improvement projects and maintenance activities will continue. In order to integrate these changes into the schematic, development activity must be closely monitored and tracked. A maintenance process and database will be created to track the status of plans, as-builts, improvement projects and work orders. The schematic will be updated to reflect these changes using the procedures defined in the QMP and outlined in Tasks 400 through 800 with consideration given to the development of the priority mapsheds. This task will only continue through Year Two, since the schematic development for all 222 mapsheds will be completed by the end of Year Two. After Year Two, the City will decide whether to perform maintainance activities with City staff or to outsource the maintenance. As such, performing maintenance activities is not anticipated for the future Years Three or Four of this contract. Task 1000 —Easement Data Compilation The development of easements for the Storm Water Management System will be limited to easements shown on final plats and plans that have already been georeferenced under Task 700 above. As such, no other easement research is included in Year Two. Although the majority of the plats are not in digital format, there may be data resources available in PDF format. PDF images and images containing multiple pages cannot be georeferenced. PDF images will be converted to single page TIFF images. The plats and easement resources that are not in digital format will be scanned and saved as PDF and TIFF images. The images will be integrated with the City's existing image database as well to the appropriate geographic entity. 1. Using the Data Evaluation Matrix, compile hard -copy plats and easement resources that need to be scanned 2. Use scanning process and image naming convention defined in the QMP 3. Scan resources into TIFF and PDF images 4. Deliver scanned TIFF and PDF images in GIS format for City acceptance It is the goal of this contract to complete any required scanning for easement development for all 222 of the prioritized mapsheds by the end of Year Two. Task 1100 —Scanning for Easement Development (NOT USED During the effort of the Year One Pilot Program, the team realized that the scanning of the easement data to the required format was an embedded part of the data collection process and is difficult to track as a separate task. Therefore, all of the budget for easement data scanning required for schematic development is rolled into the Task 1000 budget as an overall Easement Data Compilation task for Years Two, Three, and Four. Task 1200 - Georeferencing for Easement Development Once an image is georeferenced, it can be viewed as a layer with other GIS data and used to digitize the easement polygons. 1. Using the Data Evaluation Matrix, compile the plat and easement resources that need to be georeferenced 2. Use the georeferencing process, level of accuracy and image naming convention defined in the QMP 3. Georeference and save in GIS, rectify the images and save as TIFF images 4. Clip the images to the extent of plan contents instead of the extent of sheet 5. Create an index feature class that represents the geographic extent of each image as a polygon 6. Deliver georeferenced images and index for City acceptance of georeferenced TIFF images and index feature class It is the goal of this contract to complete the schematic development for all 222 of the prioritized mapsheds by the end of Year Two. Task 1300 -Easement Development The easement layer will consist of easement boundary polygons that will be digitized into the geodatabase from the Task 1200 georeferenced plat images or the Task 700 georeferenced plan images. The geodatabase fields will be populated with attributes found on the plats or plans. 1. Using the easement research and development procedures and QC processes defined in the QMP, create the easement polygons for the georeferenced plats and plans. 2. Verify that the easement polygons meet or exceed the standards defined in the QMP. 3. Using the easement research and development procedures and QC processes, populate the easement attributes for each polygon including categorizing the easement type based on source data. D_Easement_Status categories are Platted, On Plans or Other. 4. Calculate intelligent unique ID, defined in QMP, for each polygon. 5. Verify that easement attributes meet or exceed the standards defined in the QMP a. Tools, queries and scripts 6. Hyperlink plats to polygons (plans are already hyperlinked under Task 800). 7. Deliver easement feature class as part of the schematic geodatabase for City acceptance of easement feature class. It is the goal of this contract to complete the easement development for all 222 of the prioritized mapsheds by the end of Year Two. Task 1400 -Field Reconnaissance After the schematic is developed from the georeferenced plans, the existence of the schematic asset network and the points of access into the network will be field verified. If an asset is different or missing from the initial schematic, it will be added to the field verified schematic. The purpose of this task is not to perform a detailed survey of the watershed but to perform a cursory inspection of the watershed to improve the efficiency of the survey crews in Task 1600. On average, this task should be accomplished in 1 day and will document any issues within the watershed that may require the City's attention. 1. Using the equipment, software and procedures as well as the QC processes defined in the QMP, field verify the schematic assets by priority watershed and identify assets to the extent that they are readily field verifiable using procedures outlined in the QMP. a. Load export of the schematic geodatabase and supporting data on GPS units b. Following procedures defined in the Field Reconnaissance Manual — i. Confirm existence of asset ii. Verify and/or update general location His Verify and/or update general attributes iv. Add sketches of missing assets and conveyance systems v. Add missing attributes and/or make comments 2. Upload field verification data from GPS units 3. Update schematic geodatabase to reflect information acquired during field reconnaissance a. Update location and general attributes of existing assets, if applicable b. Add missing features and attributes from sketches and observations 4. Verify that the field verified features meet the standards defined in the QMP a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors 5. Calculate intelligent unique ID, defined in QMP, for new features 6. Post updates and edits into the field verified schematic geodatabase It is the goal of this contract to complete the field reconnaissance for all of the prioritized mapsheds to be field surveyed under Task 1600 by the end of Year Four. Task 1500 —Visual Inspection and Evaluation of Easement Layer (NOT USED) Since the easements are limited to easements shown on the plats or plans, no field inspection of the easements is included in the Year Two through Year 4 project. Task 1600 -Field Survey The location of each storm water management system asset, as identified and defined in the QMP for field verification, will be located by conventional survey methods using QMP survey procedures. Version 1.0 of the Field Survey Manual was developed in Year One of the project, which specifies the measurements, notes, photographs and occasional sketches that are to be collected for each asset. If the crews are unable to collect survey data within an area, the City will be notified and the City will assist in resolving the issues that prevent the survey. 1. Using the equipment, software and procedures as well as the QC processes defined in the QMP, survey each storm water management system asset by priority watershed a. Load export of the field verified schematic and supporting data on survey units b. Following procedures defined in the Survey Field Manual — i. Capture location of asset ii. Take measurements and populate attributes iii. Take field notes 1. Field observation of condition iv. Take digital photographs c. Report issues to the City for assistance in completing survey 2. Upload survey data from survey units 3. Verify that survey attributes meet the standards defined in the QMP a. Tools, queries and scripts 4. Deliver sub -centimeter survey accuracy data and measurements in ASCII format, field notes, sketches and photographs in GIS format for City acceptance of the survey data It is the goal of this contract and budget to complete Field Survey for an estimated 59 mapsheds of the prioritized mapsheds by the end of Year Two. This estimate is based upon completed survey work and tracked effort to date. If, during the course of the contract, it is predicted that the pace of the work is progressing faster or slower than anticipated, the contract scope may be adjusted semi-annually to communicate realistic task goals and project completion. Task 1700 -Validate and Rectify Schematic The survey data will be integrated into the geodatabase and the location of the schematic assets will be adjusted to the surveyed coordinates, as identified Cl"d defined in the QMP. 1. Using the procedures and QA/QC processes defined in the QMP, adjust the asset locations in the field verified schematic to the survey locations a. Utilize the geometric network and connectivity rules 2. Calculate intelligent unique ID, defined in QMP, for new features 3. Verify that the features meet the standards defined in the QMP and perform final QA a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors c. Randomly select points (as defined in QMP) to be resurveyed to confirm accuracy 4. Populate survey attribute fields with actual values while maintaining plan values 5. Verify that attributes meet the standards defined in the QMP a. Compare plan values to actual values; perform QMP defined data review, including populating and flagging of missing data using inference tools to provide a near -model -ready database. b. Test in InfoWorks/InfoNet model 6. Hyperlink images and survey related data to appropriate asset 7. Deliver geodatabase and InfoWorks/InfoNet model -ready database of the storm water management system which incorporates the initial schematic, field reconnaissance improvements, survey data and hyperlinked images in GIS and InfoWorks/InfoNet format for City acceptance of the storm water management system for each priority watershed It is the goal %J this contract and budget to complete Schematic Rectification for all of the prioritized mapsheds that are Field Surveyed by the end of Year Two. Task 1800 -Condition Assessment During the field verification and survey tasks, assets will be flagged that appear to need further investigation to determine actual condition. Drainage complaints, maintenance history and historical knowledge will also be evaluated to determine which assets will be assessed. 1. Using the methodology defined in the QMP, determine the storm water management system assets to be assessed y 2. Using the equipment, software and procedures as well as the QC processes defined in the QMP, assess the condition of the specified assets by priority mapsheds a. Load export of the geodatabase and supporting data on GIPS units b. Following procedures defined in the Condition Assessment Field Manual — i. Conduct visual inspection ii. Conduct CCTV inspection iii. Conduct pole mounted camera inspection iv. Confined space entry v. Take field notes vi. Take digital photographs 3. Upload condition assessment data from GPS units 4. Verify that the assessment data meets the standards defined in the QMP a. Tools, queries and scripts 5. Use findings to calculate condition assessment ratings 6. Update geodatabase with calculated rating information 7. Deliver video, photos, and condition assessment report of findings in GIS or a format compatible with the City Asset Management software for City acceptance It is the goal of this contract and budget to complete the Condition Assessment for all of the prioritized mapsheds that are Field Surveyed by the end of Year Two. Task 1900 —Reporting Year One services were designed to provide a foundation and serve as a pilot study to define levels of effort required to meet the QMP goals and to provide the blueprint for Year Two and subsequent year mapping services. In consideration of these goals, monthly reporting (as defined below) will be performed to allow the City to judge actual budget requirements necessary to map the City's mapsheds. This budget tracking and reporting will also allow the City to modify the mapping protocol if it appears that the initial protocol cannot be performed within the constraints of the City's budget. As defined in the QMP, reports, maps and spreadsheets detailing the progress, findings and status of each task will be produced by priority watershed. An interactive project status mapping website will be developed to provide weekly updates on project development, including costs expended by each major task and by watershed. Reporting tools will also be available through the Project Control software. Following the production of each monthly report, we will meet with the City to review project status, with a particular emphasis on the level of effort required for each task and watershed. Task 2000 —Project Management/Oversight Services Due to the size, scope and nature of this project, project management services will include tracking of effort and expenses, review of project progress, scheduling of staff and subconsultants' staff, quality review and oversight, budget review, communication with City staff, invoicing, goal review and realignment, and semi-annual updates to the contract scope and/or fee, if necessary. Administrative fees on subconsultants' contracts are included within this task. Task 2100 —Inlet Marking Program Support The SWMS schematic geodatabase for each mapshed can be utilized to support the City's inlet marking program, since one of the fields in the Inlet feature class is ayes/no field indicating whether that inlet currently has a storm drain marker. This task involves creating a numbering scheme and placing markers on all of the inlets in the top 15 mapsheds that do not currently have storm drain markers. Attachment B-1 City of Fort Worth Storm Water Management System Data Collection, Inventory and Mapping Year Two Basis of Compensation Task 0100 - Update QMP 0200 - Geodatabase Requirements (COMPLETED) 0300 - Geodatabase Design Scema (COMPLETED) 0400 -Data Compilation 0500 - Data Conversion (NOT USED) 0600 - Data Scanning (NOT USED) 0700 -Georeferencing 0800 - Schematic Development 0900 - Maintenance 1000 - Easement Data Compilation 1100 - Easement Data Scanning (NOT USED) 1200 - Georeferencing for Easement Development 1300 - Easement Development 1400 - Field Reconnaissance 1500 -Evaluation of Easement Layer (NOT USED) 1600 -Field Survey 1700 - Validate and Rectify Schematic 1800 - Condition Assessment 1900 -Reporting 2000 - Project Management 2100 - Inlet Marker Program Support Subtotal Fee -Year Two Contract Year One Summary Non-M/WBE Subconsultants M/WBE Subconsultants Year Two M/WBE Percentage Subtotal contract Non-M/WBE Subconsultants M/WBE Subconsultants M/WBE Percentage Years One -Two TOTAL FEE Years One -Two Total M/WBE Percentage ESTIMATED Years One -Four Total M/WBE Percentage Year Two $10,236600 $55,044.00 $303,847.00 $8551577.00 $949370000 $18,348.00 $83,330.00 $331332.00 $2409968.00 $1,222, 795.00 $226,970.00 $163,894.00 $203471.00 $219,931.00 $40,943.00 $3,590,056.00 $921,570.00 $1,149,528.00 32.02% $1,690,999 $347,727 $590,146 34.90% $5, 281, 055.00 32.94% 35.25% Exhibit 13-3A (Supplement to Attachment B) City of Fort Worth Storm Water Management SYStem Data Collection, Inventory and Mapping Year Two Summary of Total Project Fees Consulting Firm Prime Responsibility Jacobs Engineering Group Inc. Project Management, GIS, Survey NTB Associates, Inc. GIS InfraMetrix, LLC DFW Infrastructure, Inc. Inventive Concepts, Inc Franzi Davis, GISP Surveying and Mapping, Inc. Pole -Mounted Condition Assessment CCTV Condition Assessment Vault Research / Georeferencing GIS QC Field Survey ANA Consultants, LLC Field Survey Gorrondona & Associates, Inc. Field Survey Fulton Surveying, Inc. Field Survey Total for Professional Services Task Description Scope of Services 1 Project Management See Attachment A 2 Vault Research See Attachment A 3 GIS Schematic 4 Easements 5 Field Reconnaissance 6 Field Survey 7 Rectify Schematic 8 Condition Assessment 9 Inlet Marking Program See Attachment A See Attachment A See Attachment A See Attachment A ee Attachment A S See Attachment A See Attachment A Total Fee $2501640.00 $73,392900 $1,253,794,00 $116,662.00 $240,968.00 $1,2221793.00 $2262970.00 $163,894.00 $40,943.00 $3,590,056.00 Amount $1,587,559600 $809,370.00 $43,600.00 $48,000.00 $1182560.00 $127,075.00 $213,973.00 $2132973.00 $2131973.00 $213,973400 $3,590,056.00 MWBE Fee $0.00 $59,280.00 $126,555.00 $0.00 $351880,00 $855,892,00 $231920,00 $48,000.00 $0.00 $1,149,527.00 Percent 44.22% 22.54% 1.21% 1.34% 3.30% 3.54% 5.96% 5.96% 5.96% 5.96% 100.00% Percent 0.00% 80.77% 10.09% 0.00% 14.89% 69.99% 10.54% 29.29% 0.00% 32.02% DFW Infrastructure, Inc. shall participate in performing portions of Task 8 -Condition Assessment Inventive Concepts, Inc. shall participate in performing portions of Task 2 -Vault Research and Task 3 Franzi Davis, GISP shall participate in performing the QC review of Task 3, Task 5, and Task 7 Surveying and Mapping, Inc. shall participate in performing portions of Task 6 - Field Survey ANA Consultants, LLC shall participate in performing portions of Task 6 - Field Survey Gorrondona & Associates, Inc. shall participate in performing portions of Task 6 - Field Survey Fulton Surveying, Inc. shall participate in performing portions of Task 6 - Field Survey Non-MWBE Participation Total Fee Percent NTB Associates, Inc. and InfraMetrix, LLC $852,970.00 23.76% ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR CONSULTING SERVICES Storm Water Management System —Data Collection, Inventory and Mapping Year Two AMENDMENTS A. Article 3: The Consultant shall be authorized to proceed with Year Two services upon receipt of a written Notice to Proceed from the City. Separate written Notices to Proceed will be issued by the City to authorize the Consultant to proceed with Year Three services and Year Four services. B. Article 6, Section 2 (a): The City will not be named as "additional insured" on the Consultant's professional liability and worker's compensation policies. C. Article 6, Section 2 (1): The Consultant considers its insurance policies to be proprietary and therefore any such review of the applicable policies must be conducted at the Consultant's offices and is subject to a confidentiality agreement. D. Article 10, Paragraph 1: The City has established a Minority and Women Business Enterprise (M/WBE) goal of 30% for this contract. E. Article 13: Amendments to the terms of this Agreement are included in Attachment C. SPECIAL PROVISIONS A. Changes of Work: The Consultant shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and without additional cost to the City. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Consultant shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Additional Work. B. Additional Work: Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Consultant. If the Consultant is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work, then the City shall so advise the Consultant, in writing, and shall provide extra compensation to the Consultant for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The not to exceed fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Consultant. C. Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential, exemplary, punitive or special damages or loss of income, profit or savings of any party, including third parties, arising directly or indirectly from the parties' relationship under this Agreement or applicable law. D. Limit to Use Hard Copies: As a component of the Services provided under this Agreement, Consultant may delivery electronic copies of certain documents or data (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the convenience of the City. City and consultants, contractors and subcontractors may only rely on the Hard Copies furnished by the Consultant to City. If there is any discrepancy between Electronic File and the corresponding Hard Copy, the Hard Copy controls. E. Acceptance Procedure: City acknowledges that Electronic Files can be altered or modified without Consultant's authorization, can become corrupted and that errors can occur in the transmission of such Electronic Files. City agrees that it will institute procedures to preserve the integrity of the Electronic Files received from Consultant until acceptance. City further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period City shall be deemed to have accepted the Electronic Files as received. Consultant will undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period. Consultant shall not be responsible to maintain the Electronic Files after acceptance by City. F. Warranty of Compatibility: Consultant does warrant or represent that the Electronic Files will be compatible with or useable or readable by systems used by City or its consultants, contractors and subcontractors. Consultant is not responsible for any problems in the interaction of the Electronic Files with other software used by City or its consultants, contractors and subcontractors. G. Force Majeure: The Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the Consultant. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/29/2009 DATE: Tuesday, September 29, 2009 LOG NAME: 20SWMGISPROJECT - YR2 SUBJECT: Authorize an Agreement with Jacobs Engineering Group, Project, Year Two in the Amount of $3,590,056.00 for the Stormwater Management Division RECOMMENDATION: REFERENCE NO.: C-; �.-� a381 l� c Inc., for Citywide Stormwater System GIS Transportation and Public Works Departm� It is recommended that the City Council authorize the City Manager to execute an agreement with J< Engineering Group, Inc., in the amount of $3,590,056.00 for a GIS Project, to adequately map the C stormwater system for the Transportation and Public Works Department, Stormwater Management Division. DISCUSSION: The lack of an adequately mapped detailed inventory of the City's storm water system impedes the of staff to respond to maintenance needs and calls from citizens, to plan long-term capital improvem and to provide necessary emergency response information for environmental spills which may enter storm water system. Developing a detailed inventory and map of the City's storm water assets into � was identified as a high priority when the Storm Water Utility was created. In August 2007, a reque: proposals was issued, and a total of six proposals were received. The top three consultants were interviewed and Carter and Burgess, Inc., was selected as the most qualified. On September 23, 2008, (M&C C-23072) City Council authorized the City Manager to execute an engineering agreement with Carter and Burgess, Inc., (City Secretary Contract No. 37698) in the an' of $1,690,999.00 for year one of a multi -year project. Carter and Burgess, Inc., was acquired by Jacobs Engineering Group, Inc. Therefore, the contract fc year two scope of work will be with Jacobs Engineering Group, Inc. The overall project scope of work includes developing schematic maps based on engineering plans; performing a detailed location survey of all storm water features including inlets, storm drains, outfall channels, detention ponds, dams, and other structures; mapping of drainage easements; and a conc assessment of selected portions of the underground system. It is anticipated that the GIS project will four years and cost in the range of $9 to $10 million. The scope of the Year Two contract was developed with an emphasis on completing a comprehensi schematic drainage map for the entire City. This phase will complete the schematic mapping phase will include detailed location surveys for several of the larger storm drain systems. The storm drain mapping will produce both GIS information and network models substantially ready for hydraulic mop Jacobs Engineering Group, Inc., proposes to perform the Year Two contract on a time and material for snot -to -exceed fee of $3,590,056.00. City staff considers this fee to be fair and reasonable for th http://apps.cfwnet.org/ecouncil/printmc.asp?id=12154&print=true&DocType=Print 11/4/2009 Page 2 of 2 scope of services proposed. The Storm Water Utility Operating Fund will fund this project. $1,090,056 is available in the current y operating budget and $2,500,000 is included in the City Manager's FY10 Proposed Budget. Jacobs Engineering Group, Inc., is in compliance with the City's M/V1/BE Ordinance by committing to percent M/WBE participation. The City's goal on this project is 30 percent. This project is located in COUNCIL DISTRICT 1 (CITYWIDE). FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operatir budget, as appropriated, of the Storm Water Utility Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head• Additional Information Contact: FROM Fund/Account/Centers PE69 531200 0209204 $1.,090: Fernando Costa (8476) Bill Verkest (7801) Elizabeth Young (6785) ATTACHMENTS 1. Accounting Information.doc (CFW Internal) 2. Contract .Compliance _Memo_Pink S_ heet090109.pdf 3. FUNDS AVAILABLE.doc (CFW Internal) (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=12154&print=true&DocType=Print 11/4/2009