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HomeMy WebLinkAboutContract 45026 (2)CITY OF FORT WORTH, TEXAS ,I _ �j�� t.�J � ���11 g`� � r � ���-��i� GAR I CTag STANDARD AGREEMENT FOR PROFESSIONAL S This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Multatech Engineering, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: SWS-050 Miscellaneous Drainage Studies. Article I Scope of Services (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 SWS-050 Miscellaneous Drainage Studies. (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 II 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 $ 400,000.00 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 OFFICIAL RECORD!, CITY SECRETARY fl FORTH, TX NECEIVED OCT la AcCEIVED 0C12 2013 Article 1I1 Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year and may be extended up to two (2) additional one (1) vear extensions for an agreed extension fee, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 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 V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B. $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Storm Water Division, Attention Steve Eubanks, P E CFM, 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 matenal change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultants insurance. 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. 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. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII 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. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (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. (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 IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII 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 XIII 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 City o Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV 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 XV 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: Steve Eubanks, P E , CFM Storm Water Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Multatech Engineering, Inc. Attn: Paul Padilla, P E 2821 West 7T" Street, Suite 400 Fort Worth, Tx. 76107 Article XVI 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the ;` ? day o BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: /Q�/L 4.3 APPROVAL RECOMMENDED: By: Dougla -` . Wiersig, P.D., P.E. Director, Transportation/Public orks APPROVED AS TO FORM AND LEGALITY • By: MAAA4 VU wl. Michelle Kertz Assistant City Attorney ATTEST: Mry j. Ka City Secretary" City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8of8 BY: ENGINEER Multatech Engineering, Inc. P'a Vic Date: M&C No.: Padilla, P.E. President C-26534 M&C Date* 7-23-2013 OFFICIAL RECORD CITY SECRETARY '. FT. WORTH, TX Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 Preface In an on -going effort to better serve its citizens, the City of Fort Worth (CITY) has begun the initiative of identifying, quantifying, and mitigating local neighborhood flooding issues. The City of Fort Worth Stormwater Program (PROGRAM) is implementing this assessment through the use of various studies and design projects Historically these issues have been addressed on a somewhat isolated basis by fixing individual pieces of a system The purpose of these feasibility studies is to assess these issues in a more holistic fashion. By analyzing the system in its entirety, the City can more efficiently address the cause of flooding By performing these studies in a methodical and organized manor the City can prioritize areas of potential flooding by severity as well as systematically assess the entire city. The result is a program that the City can rely on to produce functional, constructible projects that provide real and tangible benefits to the citizens of Fort Worth. These studies should be approached as if they were a "preliminary' or "conceptual' design project. It is the intent that these studies will flesh out potential barriers to construction such as utility conflicts, right-of-way requirements, excessive construction cost, and future pending development, to the extent that recommended projects are known to be feasible, affordable, and possible for construction. These studies should stop short of providing the necessary design plans for construction. The proposed solutions provided by these studies will be extracted on a prioritized basis and allocated to appropriate personnel in the Capital Improvement division to become a separate design project. To assist with this effort the City has hired a Program Management Team (PMT). The PMT will act as agents for the City to facilitate related tasks for these studies. Task Order Execution: This is an IDIQ contract for Miscellaneous Drainage Studies. This contract will be executed by multiple individual task orders. Task orders will be initiated by the City and may include all or a portion of the items listed below. Prior to the execution of any task orders the specific scope of services and associated fees will be provided to the city. Objectives: • Assess existing infrastructure to determine deficiencies and identify flood asks. • Provide Recommendations to the City to significantly increase the level of service of the drainage system in order to reduce risks and frequency of flooding in the Study Area. Protection of all properties from flooding in the 5-year storm is the primary minimum target. • Recommendations shall be affordable, acceptable, and constructible. City o Fort Worth, Texas Attachment A Page 1 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 • Develop project specific alternatives appropriate for study needs (storm drain improvements, culvert crossings, neighborhood studies, open channel studies, add storage or conveyance capacity, etc...as appropriate for your study) • Consider and utilize (where determined to be feasible) opportunities to blend features with other initiatives and plans, such as redevelopment, schools, multiuse facilities, etc... • Consider possibility of integrating proposed alternatives with other City CIP or rehabilitation projects from other City departments. • Avoid increases in flood risk elsewhere, including both upstream and downstream systems. • Estimate impacts to water quality resulting from proposed alternatives, in accordance with the City's MS4 permit. • Provide a conceptual design that demonstrates that the proposed plan is feasible, acceptable, and constructible. • Involve the public to ensure acceptability of proposed improvements to the neighborhood Planning Level Feasibility Study: • The work described in this Scope of Services is a Planning Level exercise. "Planning Level" refers to a level of detail and related work effort specified within this study scope and is defined as the "level of detail in investigation, analyses, and preliminary design necessary to support the identification of plans and subsequent decisions regarding selection of alternatives and implementation of projects, including communication with the public.' Upon implementation, additional detail will be developed to support engineering design and construction. Basic Services Task 1 - Project Management The ENGINEER's project management activities shall include task leadership and direction, telephone and written communication, bi-monthly study update meetings, study status reports, study schedule and updates, and personnel and data management among other general study management activities. Any delays to the study schedule shall be in writing to the City of Fort Worth for review and approval. The ENGINEER shall attend the study kickoff meeting with a proposed schedule for task sequence and completion. The ENGINEER's Project Manager shall schedule and lead all study City of Fort Worth, Texas Attachment A Page 2 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 meetings. Meeting notes shall be submitted to the City of Fort Worth s Project Manager within five working days after each meeting. The ENGINEER shall attend a minimum of one, public meeting to present what possible mitigation alternatives are being explored. The ENGINEER will provide to the City study information regarding proposed mitigation alternatives (if applicable) for public outreach. The ENGINEER will fully document all relevant hardware, software, file structures, and data formats used during the study. Other than intermittent meetings, all of the individual Task deliverables shall be submitted with the draft and final report at the conclusion of the study. The ENGINEER shall update a Study Certification and Decision Log to be submitted at the completion of the study. Task 1 unique activities particular to a study that are beyond the standard scope shall be determined by the ENGINEER and PMT/City. Task 1 Deliverables: • Documentation o Study Schedule o Support Data — Relevant meeting notes and email correspondence, study status updates, and action items for ENGINEER, sub -consultants, and the City of Fort Worth. o Completed Study Certification and Decision Log upon completion of the study. Task 2- Data Search, Collection, Field Reconnaissance, System Condition Assessment, SUE Investigation and Surveys Dataset Search and Collection The City of Fort Worth will provide the ENGINEER with the following watershed data in GIS format, in addition to the available models and reports: stream centerlines, street centerlines, 2011 aerial imagery, 2009 TNRIS LiDAR points in LAS format and associated 2009 ESRI terrain surface, 2007 sub -basin delineations (may not be delineated for each site), citizen service requests (if available) and zoning maps. Historical rainfall data and the as -built drawings of the hydraulic structures may be available from the City. The ENGINEER shall submit a written request to FEMA for all relevant available data from the effective Flood Insurance Study (FIS) including but not limited to: LOMRs hydrologic and hydraulic data, reports working maps, etc., as required by the study. The City shall determine the extent of the study. City of Fort Worth, Texas Attachment A Page 3 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 Any errors identified or revisions made to the base data, watershed boundary, or other datasets shall be reported and discussed with the City's Project Manager. The ENGINEER will review and identify known flooding and drainage issues referred to as ' hot spots' within the study area. The City will provide available drainage complaints to the ENGINEER in GIS format. Additional documented 'hot spots' shall be compiled into a GIS geodatabase and returned to the City to update their records. The City of Fort Worth s Storm Water Management Division shall assist the ENGINEER in locating required data available from the City, but the ultimate responsibility for identifying data needs and for finding, collecting, developing, analyzing, and creating all necessary data shall reside with the ENGINEER If required data is unavailable, the ENGINEER shall inform the City in writing and discuss with the City's Project Manager for actions or determination. Field Reconnaissance The ENGINEER shall perform field reconnaissance to become familiar with the study area, hydraulic and hydrologic structures, land use, vegetative and land cover, special features and problems within the watershed. Be aware that not all stormwater conveyance features are contained within City easements therefore property owner permission must be obtained by the ENGINEER to access private property. The ENGINEER shall document the reconnaissance findings with labeled digital photographs. The ENGINEER shall document physical characteristics of the watershed relevant to analysis, including but not limited to: specific features of all major detention ponds and outlet discharge structures, vegetative and built structure conditions, types and number of hydraulic structures, structure condition, hydraulic structures, any locations and descriptions of stream cross -sections to be surveyed (including bridge railings and obstructed flow areas), etc. Photos shall be taken of all relevant physical infrastructure observed in the field. System Conditions Assessment (if applicable) All stormwater features analyzed in the study shall be assessed for structural conditions. Pipe features shall be documented with either photographic evidence or CCTV inspection. If available, the ENGINEER may obtain CCTV from a recent previously performed inspection in lieu of performing new inspections. Pipes shall be ranked as good, fair, or poor. Inlets and manholes shall also be documents and noted as good, fair, or poor. An exhibit indicating location and condition of all features, associated photos or video, and any field notes shall be submitted to the City. City of Fort Worth, Texas Attachment A Page 4 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 Subsurface Utility Engineering Investigation (SUE) ENGINEER will perform a Level D SUE analysis for the study area in the vicinity of any proposed alternatives. Level D SUE is defined as: Quality Level D • • • • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. Collect applicable records (e.g., utility owner base maps, ' as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. Review records for: evidence or indication of additional available records; duplicate or conflicting information need for clarification. Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate utility type and ownership date of depiction, quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. The purpose of this analysis is identify potential utility conflicts so that proposed alternatives will either avoid them completely or adequately account for them in the construction cost estimate. Field Surveys All stormwater conveyance elements pertinent to the study should be surveyed. Features to be surveyed include (but are not limited to) storm drain curb inlets, grate inlets, manholes, pipe inverts for all pipes entering or exiting a junction, curb and gutter elevations, culvert crossings, or any other storm drain appurtenances. All storm drain pipe that is analyzed shall be surveyed to measure pipe invert elevations, size of pipe and material of pipe, etc. Benchmarks shall be located and recorded for survey control. Available elevation reference marks shall be located and recorded at surveyed elements. The ENGINEER shall establish primary and secondary control points for survey. Field surveys of stream cross -sections (if needed) shall be representative of the natural ground of the channel and overbanks. Surveys of bridges, culvert, dams or other City of Fort Worth, Texas Attachment A Page 5 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 hydraulic structures shall be representative of the hydraulic structure's geometry. A typical ground cross-section shall be surveyed upstream of the structure. Measurements and survey points defining the geometry of the hydraulic structures shall all be recorded in field notes which will be include in the project deliverables. Field survey notes shall represent graphically and clearly, in plan and profile view, what was surveyed, photographed, and recorded. All of the sketches should depict the upstream face of the structure as well as the direction of flow. The ENGINEER shall submit the survey data as text files and in a GIS shapefile format. Finished Floor Elevations The ENGINEER shall survey the finished floor elevations and lowest adjacent grades of buildings and residential homes within identified flood prone areas. The ENGINEER shall meet with the City's Project Manager and discuss which buildings and homes will be surveyed prior to a final scope of work. Finished floor elevations shall be a separate budget item from the field surveys. Task 2 unique activities particular to a study that are beyond the standard scope shall be determined by the ENGINEER and PMT/City Task 2 Deliverables: • Documentation o Data Collection — Summary of Data Collection efforts and methodology including a list of all data collected and sources. o Location map of flooding "hot spots" within the immediate study area. o Field Reconnaissance — Summary of Field Reconnaissance efforts including • Annotated photo log of study photos • Photo exhibit showing approximate location and direction of photos taken in the field. Also identify any special physical characteristics relevant to analysis. • Field notes or sketches of observations and measurements taken in the field. o Field Surveys — Summary of field survey efforts including datums and benchmarks used, coordinate system used, grid to surface conversion factors. ■ Project Control Exhibit showing location of all control points, benchmarks, and elevation reference marks. ■ Data sheets for benchmarks • Overall survey exhibit showing locations of all surveyed elements. City of Fort Worth, Texas Attachment A Page 6 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 o Finished Floor Elevations — Summary of finished floor elevation survey efforts including homes and structures surveyed, finished floor elevations, and lowest adjacent grade. • Exhibit indicating which buildings were surveyed and where shots were taken. • Table indicating finished floor elevation and lowest adjacent grade for each building surveyed. • Digital Data o Data Collection — Data collected from the City and other sources for the study. o Field Reconnaissance — Labeled digital photos o Field Surveys • Text Files: Survey text files in ASCII format of primary control points, secondary control points, elevation reference marks, surveyed hydraulic structures and stream cross -sections. • Field Notes: Field notes in PDF format of surveyed hydraulic structures and stream cross -sections. • GIS Files Shapefiles of survey data of primary control points, benchmarks, elevation reference marks, and topo survey shots. • CAD files with all survey points o Finished Floor Elevations • Text Files: Survey text files in ASCII format of finished floor elevations and lowest adjacent grade. • Field Notes Field notes in PDF format taken during survey efforts. • GIS Files: Shapefiles of survey data of finished floor elevations and lowest adjacent grade. • CAD files with finished floor survey points • One set of CD/DVDs containing electronic versions of all information (intermediate and final data and photos) gathered in this Task. Task 3: Existing System Hydrologic and Hydraulic Analysis The ENGINEER shall perform hydrologic and hydraulic analysis of the drainage system in the study area. The hydrologic analysis shall include quantification of runoff rates for both existing land use conditions as well as fully developed land use conditions for the watershed The hydrologic analysis shall be based on the City of Fort Worth iSWM Criteria Manual for Site Development and Construction, August 2012 and rainfall depths provided in Table 5.15 of the iSWM Hydrology Technical Manual, April 2010 The hydraulic analysis shall be performed on the existing drainage system using methods consistent with the City of Fort Worth iSWM Criteria Manual for Site Development and Construction, August 2012 These analyses shall be performed for the 2-, 5-, 10-, 25-, City of Fort Worth, Texas Attachment A Page 7 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 50-, 100-, and 500-year storm events. More detail describing the methods, tools, parameters, etc. to be used for this study described below. Task 3 shall be based on the study area needs and modeling/analysis requirements as determined by the ENGINEER and the PMT/City. o Hydrology o Hydraulics o Methods & Simulation Task 3 Deliverables: • Written summary of existing drainage system analysis, including methods, parameter selections, analysis tools used, other associated calculations, system capacity (Level of Service), analysis results and conclusions. • Exhibits showing the location of existing infrastructure. • Tables showing results from the analysis for all storm events • Final GIS data developed as part of this analysis • Digital copies of project models or spreadsheet calculations. Task 4: Flood Hazard Identification Based on the results of Task 3 and/or in response to known or observed flooding the ENGINEER shall identify and document flood hazards in the study area. ENGINEER shall provide written summary describing the flooding. Exhibits showing the flood hazards discussed in the summary shall also be provided. This assessment should, at a minimum consider the following: • Number, location and type (residential, commercial, institutional, etc...) of structures with significant risk of flooding • Severity of flooding • Frequency of flooding • Cause/Source of flooding • Level of Service/Level of Protection provided by the drainage system • Estimated annualized cost of damages due to flooding. Task 4 results of the existing conditions and/or future conditions analysis, model results, inundation mapping, affected properties/parcels, extent of roadway overtopping hazard, etc. shall be determined by the ENGINEER and City/PMT to evaluate next steps. Task 4 Deliverables: City of Fort Worth, Texas Attachment A Page 8 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 • Documentation o Written summary of identified flood hazards and associated characteristics o Overall study area flood hazard map o Additional detailed exhibits as needed Task 5: Alternative Analysis and Mitigation Strategies The ENGINEER will evaluate multiple alternative solutions to reduce the risk of flooding and identify potential mitigation strategies within the study area to meet the objectives of the study. Identify potential mitigation strategies in areas that have the most straightforward implementation. The ENGINEER will screen the evaluated alternatives and will recommend to the City only alternatives that are feasible for construction. This plan may involve acquisition of property options. Performance of this task shall include: • ENGINEER shall evaluate potential improvements to the drainage system sufficient to meet current City of Fort Worth design criteria. In the event that a complete solution is determined to be not feasible then the ENGINEER will evaluate solutions that provide an improved level of service/level of protection greater than the performance of the existing system. • Planning Level Layout Plans — ENGINEER will produce conceptual layouts of the concepts proposed in Task 5. Concepts will be for the mitigation strategies as described in the objective of the study. • Planning Level Cost Estimates — ENGINEER will identify planning level cost estimates based upon the conceptual layout plans. The cost estimates should focus on the major cost items, including property acquisition, utility relocation all associated appurtenances, etc. The cost estimates shall have appropriate contingencies as a conceptual, planning level exercise. • Screening of Concepts — ENGINEER will perform an initial feasibility assessment of each concept. This assessment shall be based upon the estimated cost, potential benefit, and constructability. The consultant will present this assessment to City/PMT to jointly decide on the elimination of certain concepts. The ENGINEER will refine, revise, and potentially add concepts based upon the work session with City staff. • If all concepts are eliminated, the study will be concluded at this point. Task 5 Deliverables: City of Fort Worth, Texas Attachment A Page 9 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 1. Written summary of alternatives and mitigation strategies evaluated, including list of affected properties. 2 Written summary of feasibility of alternatives and documented decisions points leading to the elimination or recommendation of particular alternatives. 3. Rough conceptual layout plans: Concept plans should include affected properties (data), mitigation strategy features with post project inundation mapping or other model results 4. Planning level Opinion of Probable Costs: The cost estimates will be refined to include more detail, although they should still be considered planning level 5. Presentation of Alternatives - The concepts will be presented at a scale necessary to illustrate to the City and to the public. Presentation will include plan view and cross section, including architectural renderings that illustrate how the features fit into the surrounding environment. 6. Power Point Presentation — The ENGINEER will develop a power point presentation of the alternatives for presentation at a public meeting. Task 6 Constructabilitv Reviews The ENGINEER will perform a constructability review of each recommended mitigation strategies. This review shall identify and assess implementation risks associated with each alternative concept. The ENGINEER will consider cost and funding, coordination with other agencies, coordination with other City construction projects, construction disruption, right-of-way acquisition, community acceptance, utilities, and other items necessary to consider implementation risk. If necessary the consultant will identify areas of additional study required to mitigate uncertainty. The ENGINEER shall coordinate a constructability review meeting with the City, PMT, and other affected City departments (i.e. Streets, Water, Parks, etc.. ). The ENGINEER will make revisions to the selected alternatives based on City/PMT input from this meeting. Task 6 Deliverables: • Written summary of items discussed and decisions made in this review meeting. • Planning level estimate of construction schedule Task 7: Water Quality Assessment The ENGINEER shall perform an initial assessment of water quality impacts of any proposed improvements. This must be included as it is required to comply with the City's MS4 and NPDES permits. The general direction given by the MS4 permit is that all new flood control projects (storm drain systems included) must provide erosion prevention and pollutant removal capabilities. Retro fitting of existing system City of Fort Worth, Texas Attachment A Page 10 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 infrastructure may be proposed if practicable. This assessment is not intended to be a full design of water quality features. This assessment is intended to directly answer a few key questions for the City and to provide a concept of potential water quality improvement features or Best Management Practices (BMPs) that could be installed at a later date. Task 7 Deliverables: • Written summary describing potential BMPs or other features that may improve or mitigate water quality in the study area • Written summary directly answering the City's water quality questionnaire (to be provided at a later date) • Exhibits indicating location and type of features to be implemented. Task 8: Public Outreach/Involvement The ENGINEER shall work with the PMT/City to perform public outreach tasks, in addition to public meetings according to the direction of the PROGRAM's public outreach goals This effort may involve developing informational materials to distribute to citizens additional public meetings, or other assistance to the PROGRAM s public outreach personnel. Task 8 Deliverables: • Supporting materials/documents/efforts as needed by the PROGRAM's public outreach personnel. Task 9: Final Report The ENGINEER shall prepare a final report summarizing all work performed in this study including all data collected, all data sources used, all methods used for hydrologic and hydraulic analysis, all results and findings of analysis of existing systems, all results and findings of analysis of proposed alternatives, citizen input from public meetings, feasibility determinations, constructability determinations, and any other relevant information pertaining to the work performed or final recommended improvements. Task 9 Deliverables: • Final Report — 4 copies o Written Report o All necessary exhibits o All associated appendicies City of Fort Worth, Texas Attachment A Page 11 of 12 Attachment "A" Scope of Services for Miscellaneous Drainage Studies SWS-050 o All associated digital data, including final models. Task 10: Quality Assurance and Quality Control (Qa/Qc) The ENGINEER shall implement Qa/Qc procedures, at a minimum, at the completion of each task in this scope The Qa/Qc shall be performed by experts knowledgeable in the subject field of the item being reviewed. The Qa/Qc reviews will check for things like missing data, quality of survey data, review of project models and/or calculations for appropriate application and mistakes, review of cost estimates, public outreach strategies, water quality strategies, review of report and exhibits, etc. Task 10 Deliverables: • Provide written Qa/Qc plan and any available checklists in an appendix to the report at all milestone submittals. City of Fort Worth, Texas Attachment A Page 12 of 12 EXHIBIT "Awl" (SUPPLEMENT TO ATTACHMENT A) SWS-050 Miscellaneous Drainage Studies SOFTWARE AND DATA FILE STANDARDS The following standards and specifications for hardware, software, file structure, and data format are specified for consistent data management and model development. Any other hardware, software, file structure and data formats must be compatible with the applications currently used by the City and require the approval of the City. Software: Operating System: Microsoft Windows XP Professional SP2 (32-bit) or later version Office Productivity: Microsoft Office 2003 or later Document Imaging: Adobe Acrobat 7.0 or later GIS Packages: ESRI ArcGIS Desktop 9 2 or later GIS Extensions: Spatial Analyst, 3D Analyst Hydrologic Model GIS Preprocessor HEC-GeoHMS 1.1 or later Hydraulic Model GIS Preprocessor. HEC-GeoRAS 4.1 or later Hydrologic Model: HEC-HMS 3.0.1 or later Hydraulic Model: HEC-RAS 3.1.3 or later FEMA Preparation Software: CHECK-RAS 1.4, RASPLOT 2.5 or later Others if specified, must be agreed upon by the City InfoWorks SD version 11.0 or later InfoWorks ICM version 2 5 or later XPSWMM 2011 or later Data File Formats: Reports: Reports will be provided in Microsoft Word 2003 format or later, with all images, maps, graphs, tables, etc. embedded in the document so that an exact duplicate of hard copy reports can easily be created Also, a duplicate PDF version of the report shall be created for archival purposes. Graphs and Tables* Tabular information will be provided in Excel 2003 format (or later) and in Access 2003 database format (or later) when a small database is required. If an enterprise database is deemed necessary, Oracle 91 or later shall be used. ASCII Text Files: All ASCII text files (other than model inputs and outputs) will be encoded using ANSI -encoding and will have the file extension ".TXT" Text files containing comma -delimited information will have the file extension `.CSV" Digital Photographs All photographs taken for the project will be in digital form, at least 1600 X 1200 resolution, full color, and saved in the EXHIBIT "A-1" Page 1 of 3 JPG file format. Dates and times will be saved in the image, and file names will be descriptive (i e. WMS_XS_20343_US.JPG, not IMG014.JPG). Photos of the channel or cross -sections shall be labeled as to direction of flow. Scanned Documents: Scanned documents will be provided in Adobe PDF format, with the entire document appearing in a single file (not individual PDFs for individual pages or for chapters). Bookmarks to chapter beginnings and other important pages will be provided in the PDF. GIS Spatial Data File Formats: All GIS vector data layers (points, lines, polygons, etc) shall be provided in one of the following three ArcGIS compatible formats: personal or file geodatabase (preferred), shapefile, or coverage. Continuous surface model data (i.e. DEMs or DTMs) shall be in ESRI s GRID or TIN format. The City will provide the elevation data for each study area plus a 500 foot buffer in the LIDAR LAS binary file format. Aerial photography or other raster imagery will be provided in a common GIS image format (preferably GeoTIFF), with appropriate header information and a world file for georeferencing. If large amounts of raster images are required for the project, and image catalog will be created and provided to the city. All GIS data, and other files containing coordinates shall use the State Plane coordinate system set to the Texas North Central (4202) zone. The horizontal datum shall be the North American Datum of 1983 (NAD83) and the vertical datum shall be the North American Vertical Datum of 1988 (NAVD88), both the horizontal and vertical units shall be in feet. All surveyed data shall be captured or converted to grid coordinates. If conversion is required, the surface to gnd conversion factor shall also be provided. All GIS datasets shall have the projection defined either internally (geodatabases) or with a projection file (shapefiles). A FGDC compliant metadata file shall be provided for each GIS dataset. This metadata will be compatible with ArcCatalog and saved in XML format. Data accuracy shall be reported and checked using NSSDA standards instead of other older standards like NMAS or ASPRS. All submitted data files must not contain any server link references to the server network and file folders. File Structure and File Names: All files created in this project will be descriptively named, within the limits of the software Underscores will be used in place of spaces in file names. File structure should look like the following: EXHIBIT "A-1" Page 2 of 3 B EXHIBIT 'A-1" Page 3 of 3 B b 01 b B lb 02 Th 03 II B II 04 a 05 a 06 _Report Correspondence Data_Collected Figures Misc Photos Tables Survey Field_Notes Photos Spatial_Data Textiles Models Hydraulic_Models Hydrology_Models Spatial_Data Hydraulic Hydrology Profiles Flood_Maps ATTACHMENT "B" COMPENSATION AND SCHEDULE Miscellaneous Drainage Studies FY 2013 — (SWS-050) 1. Compensation a. For all engineering services provided hereunder, including but not limited to, all expenses for and provisions of payroll, supervision, overhead, profit insurance, benefit, local travel, tools, equipment, materials and incidentals, the City agrees to pay the Engineer a fee in the amount equal to the hourly rates, as described in Exhibit "B-2', times the hours invoiced and approved for payment by the City for each Work Order (WO) request of portion thereof performed by the ENGINEER b. The Engineer shall be compensated a total lump sum fee of $400.000 as summarized in Exhibit "B-3A" Payment of the total fee shall be considered full compensation for the services described in Attachment `A' and Exhibit "A-1 ' for all labor materials, supplies and equipment necessary to complete the project. c. The ENGINEER shall be paid in monthly partial payments as described in EXHIBIT "B-1" upon receipt of invoices submitted by the ENGINEER based on an estimate of the percentage of completion of the project, not to exceed the milestone limits described in EXHIBIT `B-1". Attachment "B" Page 1 of 1 EXHIBIT B-1 (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT Miscellaneous Drainage Studies FY 2013 — SWS-050 1. Method of Payment Payment shall be made monthly upon receipt and approval by the CITY of an invoice from the ENGINEER for services performed during the period covered by said invoice. The invoice shall include dates of service and hourly totals for each contract rate as well as extended totals for each project by Department of Engineering project number, fund code, and project name as shown on the `Authorization to Begin Work". Exhibit B-1 Page 1 of 1 EXHIBIT B-2 (SUPPLEMENT TO ATTACHMENT B) 2013 HOURLY RATE SCHEDULE Miscellaneous Drainage Studies FY 2013—SWS-050 SCHEDULE OF CHARGES A/E BILLABLE HOURLY RATES POSITION P RINCIPAL S ENIOR ENGINEER/ARCHITECT S ENIOR DESIGNER P ROJECT MANAGER ENGINEER/ARCHITECT DESIGN TECHNICIAN ENGINEER -IN -TRAINING (EIT)/INTERN ARCHITECT CONTRACT ADMINISTRATOR CADD/TECHNICIAN WORD PROCESSING/SECRETARIAL LOW $150.00 100.00 100.00 80.00 80.00 50.00 55.00 75.00 40.00 40.00 HIGH $250.00 200.00 160.00 160.00 160.00 125.00 115.00 105.00 100.00 75.00 Exhibit B-2 Page 1 of 1 EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Engineering Design Services Associated with STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — SWS-050 Consulting Firm Scope of Services Fee Amount Percentage MULTATECH Engineering and $336,000 84% Engineering, Inc. Studies Professional Services Shield Engineering Group, PLLC SUMMARY OF SBE FEE Scope of Services Surveying Services Total Fee $400,000.00 SBE Fee $64, 000.00 M/WBE Percentage 16% Exhibit B-3 Page 1 of 1 EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEE AND BREAKDOWN OF STUDY FEE (LESS SURVEY FEE) Engineering Planning Services Associated with STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — SWS-050 A. SUMMARY OF TOTAL FEE Services Description I Engineering Services I Project Total I 1 Total $336,000.00 I $400,000.00 I 1 Exhibit B-3A Page 1 of 1 M&C Review I IL DATE: CODE* SUBJECT: COUNCIL ACTION: Approved on 7/23/2013 1 Page 1 of 1 Official site of the City of Fort Worth, Texas Four Woin. I 7/23/2013 REFERENCE **C-26354 LOG NAME: 20SWMMISCDRAINSTUDIES NO.: C TYPE* PUBLIC CONSENT HEARING: NO Authorize Execution of a Professional Services Agreement with Multatech Engineering, Inc., in the Amount of $400,000.00 for Miscellaneous Drainage Studies (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council -authorize the execution of a Professional Services Agreement with Multatech Engineering Inc , in the amount of $400,000.00 for miscellaneous drainage studies. DISCUSSION: The Agreement recommended by this Mayor and Council Communication will provide for the expedited evaluation of miscellaneous drainage problems identified from time to time around the City Each study will evaluate the severity of each problem and develop solutions which can be implemented in a future capital project. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star -Telegram on November 17, 2011 and December 1 2011. Forty three consultants responded and sixteen consultants were selected to perform work. Multatech Engineering Inc., was selected as the most qualified consultant for this work. Multatech Engineering, Inc., proposes to perform the scope of work for this contract on a time and materials basis for a not -to -exceed fee in the amount of $400,000.00. M/WBE Office - Multatech Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 16 percent SBE participation on this project. The City's SBE goal for this project is 16 percent. This design work is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: • The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Stormwater Utility Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531200 0209202 $400,000.00 Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Steven Eubanks (7857) ..44 ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18641 &councildate=7/23/2013 7/25/2013