HomeMy WebLinkAboutContract 46590 CITY SECRETARY, o
CONTRACT N0.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Floodplain
Management Plan.
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 Floodplain Management Plan.
(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 $234,893 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 ssion of
the City in connection with such services.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 1 of 8 RECEIVED APR 0 9 2015
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two
years, 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
Revision Date:9/24/2014
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 workers
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 City of Fort Worth, Transportation
and Public Works Department, Attention: Clair Davis, 1000 Throckmorton, 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.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
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 Consultant's insurance.
L 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.
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.
ci y of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 4 of 8
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
(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
Revision Date:9/24/2014
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
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 6 of 8
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 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: Transportation and Public Works Department
1000 Throckmorton
Fort Worth, Texas 76102
Consultant:
Freese and Nichols, Inc.
Attn: Scott Hubley, P.E.
4055 International Plaza, Suite 200
Fort Worth, TX 76109
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
Revision Date:9/24/2014
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.
5
Executed and effective this the/V—day J'Al, 20l .
BY: BY:
CITY OF FORT WORTH ENGINEER
Freese and Nichols, Inc.
Fernando Costa Joh Dewar, P.E.
Assistant City Manager Pri cipal
Date: Date: 2 y
APPROVAL RECOMMENDED:
C3ss 0t., 0
By:
Douglas iersig
Director, Transportation and Public
Works
APPROVED AS TO FORM AND LEGALITY M&C No.: C - 2 t f
By: L&�� M&C Date:
Doug as Black
Assistant City Attorney
ATTEST:
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City Secret7 a, � ,
%0QG°*Q°°°� 71 OFFICIAL RECORD
City of Fort Worth,Texas X X . CITY SECRETARY
Standard Agreement for Professional Services "
Revision Date:9/24/2014 FT.WORTH,TX
Page 8 of 8
ATTACHMENT A
SCOPE OF SERVICES
City of Fort Worth
Floodplain Management Plan
This project consists of developing a Floodplain Management Plan (FMP)and a Repetitive Loss Area
Analysis (RLAA)for the City of Fort Worth in order to obtain Community Rating System points. The
Floodplain Management Plan will follow Section 510 Floodplain Management Planning from the 2013
CRS Coordinator's Manual. The scope has been broken into two sections for the FMP and RLAA. FNI will
perform the following services in association with this project:
Section 1—Flood Management Plan
Task 1: Project Management and Communications(Steps 1 and 6 of the CRS FMP Checklist)
a. General project communication and coordination with the City for Section 1—FMP and Section
2-RLAA
b. Monthly status reporting and invoicing for Sectionl—FMP and Section 2- RLAA
c. Up to four(4) meetings with the City staff including one (1) kickoff meeting to discuss the
project approach, planning committee and project goals. These are meeting in addition to the
planning committee and public meetings listed below.
Task 2: Develop a Planning Committee (Step 1 of the CRS FMP Checklist)
a. FNI will assist the City in developing a planning committee. It is assumed that the City of Fort
Worth Stormwater Customer Advisory Committee will be augmented with City staff to form the
planning committee.
b. FNI will develop draft goals for the committee's consideration.
c. FNI will meet with the planning committee three (3)times as follows:
1. Meeting#1—kickoff planning process and discuss the FMP goals
2. Meeting#2—to discuss hazard assessment
3. Meeting#3—to discuss mitigation activities and action plan
Task 3: Public Involvement(Step 2 of the CRS FMP Checklist)
a. FNI will prepare a Public Involvement(PI) Plan for City review. FNI will revise the PI plan
according to City comments.
b. FNI will assist the City in holding up to two (2) public meetings during the plan development.
The first meeting will be held at the beginning of the planning process. The second meeting will
be held towards the end of the end of the planning process to discuss the draft plan and obtain
public input once the draft is complete.
c. FNI will assist the City in advertising the FMP to the public to encourage input via the City
website,traditional media,and social media.
Task 4: Coordination and Data Collection (Step 3 of the CRS FMP Checklist)
a. FNI will coordinate with nearby communities and agencies including the following:
1. FNI will send letters to up to 20 nearby communities including Arlington,Azle,
Benbrook, Burleson, Crowley, Euless, Grand Prairie, Haltom City, Hurst, Irving, Keller,
Kennedale, Lake Worth, Richland Hills, Roanoke,Saginaw,Watuaga,Westworth Village,
White Settlement and Tarrant County.
2. FNI will send letters to the following agencies and organizations:TRWD, NCTCOG,
TWDB,TDEM, FEMA Region VI, NWS, USACE, USGS, and NRCS.
b. FNI will prepare a list of data needed from the City to prepare the FMP. After obtaining the data
from the City, FNI will review, organize, and compile the data.
Task 5: Hazard Assessment(Steps 4 and 5 of the CRS FMP Checklist)
a. FNI will develop the flood hazard assessment with the following components:
1. A map of known flood hazards—FNI will prepare a GIS map using SFHA GIS layer, GIS
drainage complaints, and repetitive loss areas.
2. Description of known flood hazards—FNI will prepare a narrative description of flood
hazards for City review and input
3. A discussion of past floods—Existing FIS will be utilized and added to as needed
4. An assessment of less frequent flood events including:
a.Preparing an inventory of dams and an inventory of levees
b.Map of hazard—Sump maps on FIRM panels will be used for levees and existing
dam breach reports will be used for dams
b. City will provide FNI with data relating to historical flood data as well as known flood hazards,
including existing plans and studies for consideration in the FMP. City will provide FNI with flood
insurance claims and damaged buildings.City will provide FNI with land use and zoning data. FNI
will review this data and include it in the hazard assessment.
c. FNI will develop a list of the City's critical facilities based on data received from the City.The City
will review and provide feedback on critical facilities assessment.
d. FNI will determine impacts the flood hazard has on the City, including impacts to life, safety,
health, and procedures for warning and evacuation. FNI will assess economic impact of flood
hazards, including impact to critical facilities and infrastructure, using HAWS software
developed by FEMA. HAWS will also be used to determine affected buildings and their types
due to flood hazards.
e. FNI will provide a summary of the identified hazards and community impact based on data from
Tasks 5 a through d to be included in the FMP.
Task 6: Develop a Mitigation Strategy and Action Plan (Steps 7 and 8 of the CRS FMP Checklist)
a. FNI will work with the City and planning committee to develop possible mitigation strategies and
an action plan to reduce flood hazard impacts.
b. FNI will develop a prioritized action plan for activities from four of the six categories listed in the
CRS FMP Checklist Step 7. FNI will work with the City and planning committee to develop a
prioritization system as well as finalize the action plan.
Task 7: Complete Draft Floodplain Management Plan (Steps 8 and 10 of the CRS FMP Checklist)
a. FNI will develop a maintenance and implementation plan for the FMP. FNI will seek input from
the planning committee and City staff on ways to implement the plan in current planning
mechanisms.
b. FNI will prepare the FMP based on the CRS Guidance. FNI will seek input on the draft from the
planning committee and will incorporate their input as appropriate. FNI will provide an
electronic copy and two(2) hard copies of the draft plan to the City.The City will make the draft
available for public review either on the City website,or at the City offices. FNI will revise the
plan to incorporate public and City comments,as appropriate.
c. FNI will submit the draft to FEMA for review and comment. FNI will address FEMA comments
and obtain direction from the planning committee, as appropriate. FNI will submit the second
draft to FEMA.This contract assumes that FEMA will approve the second draft of the City's FMP.
If FEMA requires additional revisions to the draft FMP, additional services will be required.
Task 8: Plan Adoption (Step 9 of CRS FMP Checklist)
a. FNI will finalize the FMP upon receiving FEMA approval. FNI will assist the City presenting the
final document to City Council for adoption at one Council meeting.
The goal of the FMP is to obtain approximately 250 of the 382 available points for the FMP category and
the scope of work has been constructed accordingly. However, due to the uncertainties involved with
the FEMA review process, it is not possible to guarantee that a certain number of points will be
awarded. FNI will prepare self-scoring sheet of draft FMP to provide an estimate of the expected total
points. FNI will also prepare list of future activities for City to increase collected points on this item.
Section 2—Repetitive Loss Area Analysis
It is assumed that the Repetitive Loss Area Analysis (RLAA)will commence after submission of the FMP
to FEMA for review. The purpose of the RLAA is to prepare a plan for reducing repetitive loss structures
within the City. A total of 41 RL properties which can be categorized into 26 RL areas (RLAs)will be
included in the analysis.
Task 9:Advise RL Properties of Plan
a. FNI will coordinate with City to send a letter to each of the 41 RL properties included in the
RLAA. The letter will inform the residents of the RLAA and ask for the residents' input on the
plan and recommended actions.
b. FNI will coordinate with City to send a letter to other properties within each RLA. This will be a
separate letter that will inform the residents of the RLAA and ask for the residents' input on the
plan and recommended actions. There are approximately 1500 total letters required for this
task.
c. The City will draft letter and prepare mailing including cost of postage. FNI will only assist with
language in letter as needed.
Task 10: Coordinate with agencies or organizations
a. FNI will coordinate as needed with agencies to support the RLAA. It is assumed that the primary
coordination has occurred in Task 4 above. Any additional coordination will be considered
follow-up coordination specific to the RLAA and is expected to consist of emails and phone calls.
Task 11: Data Collection and Site Visits
a. FNI will visit each property and complete the "limited data view" of the National Flood
Mitigation Data Collection Tool.
b. FNI will obtain surveyed finish floor elevations for 41 properties.
Task 12:Alternatives Analysis
a. FNI will consider alternative approaches to mitigating flooding in each RL area including buyouts
and structural improvements.
b. FNI will review active City projects (studies or capital projects)that may overlap with each RL
area.
c. The alternatives analysis will be conceptual in nature and will identify the preferred measure for
flood mitigation. Detailed modeling or design will be considered an additional service.
Task 13: Documentation
a. FNI will prepare a report for each RL area documenting the data collection and alternatives
analysis. The individual reports will be assembled into a single report.
b. FNI will submit the RLAA report for City review. FNI will provide an electronic copy and two (2)
hard copies of the draft plan to the City. The City will make the draft available for public review
either on the City website,or at the City offices. FNI will revise the plan to incorporate public
and City comments, as appropriate.
c. FNI will submit the draft to FEMA for review and comment. FNI will address FEMA comments, as
appropriate. FNI will submit the second draft to FEMA.This contract assumes that FEMA will
approve the second draft of the City's RLAA. If FEMA requires additional revisions to the draft
RLAA, additional services will be required.
ADDITIONAL SERVICES
Additional Services to be performed by the Engineer, if authorized by the City, which are not
included in the above described basic services, are described below. These services will be
performed according to the Engineer standard rate schedule:
1. Additional meetings with the project team, public, planning committee, or other entities
beyond those included in the scope above.
2. Hydraulic or hydrologic modeling to develop or assess new flood hazards
3. Additional revisions to the draft plan beyond the revisions included in the scope above
4. Assistance with other CRS activities
Design Services for
Floodplain Management Plan
City Project No. FP-14-040-CRS
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a not-to-exceed fee of $234,893 as
summarized in Section IV— Summary of Total Project Fees. The total lump sum
fee shall be considered full compensation for the services described in
Attachment A, including all labor materials, supplies, and equipment necessary to
deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER, Progress Reports as
required in item III. of this Attachment B, and Schedule as required in Attachment
D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
FirmPrimary Responsibility Fee Amount %
Prime Consultant
Freese and Nichols, Inc. Engineering and PM $185,508 79.0%
Proposed MBE/SBE Sub-Consultants
Open Channels Group Public Relations $32,400 13.8%
Gorrondona and Survey and Field Work $15,785 6.7%
Associates, Inc.
Johns Sons Press Printing $1,200 0.5%
I
Non-MBE/SBE Consultants
TOTAL $234,893 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
Flood Management Plan $234,893 $49,385 21.0%
City MBE/SBE Goal = 21% Consultant Committed Goal = 21%
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Floodplain Management Plan
City Project No. FP-14-040-CRS
<List any changes to the Standard Agreement>
None
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications FORT WORTH
City of Fort Worth Capital Improvement Program
Attachment D-Project Schedule
This PROTECT requires a Tier 2 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera (Version 6.1 or later or approved by CITY)
- Primavera Contractor (Version 6.1 or later or approved by CITY)
- Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any,and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks,subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points,including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 1 of 2
• Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CTTY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
WUNCIL ACTION: Approved on 3/17/2015
DATE: Tuesday, March 17, 2015 REFERENCE NO.: **C-27229
LOG NAME: 20SW FLOODPLAIN-MANAGEMENT-PLAN
SUBJECT:
Authorize Execution of an Engineering Services Agreement with Freese and Nichols, Inc., in the Amount of
$234,893.00 for Assistance in Creating a Floodplain Management Plan and Repetitive Loss Mitigation Plan
Required for Continuing Participation in the National Flood Insurance Program's Community Rating System
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Services Agreement
with Freese and Nichols, Inc., in the amount of$234,893.00, to perform engineering services necessary to
prepare a Floodplain Management Plan and Repetitive Loss Area Analysis and Mitigation Plan, as
required for continuing participation and additional credit in the National Flood Insurance Program's
Community Rating System.
DISCUSSION:
The Agreement recommended by this Mayor and Council Communication will provide the engineering and
related services required to develop a Floodplain Management Plan (FMP) and a Repetitive Loss Area
Analysis (RLAA) necessary for continuing participation in the National Flood Insurance Program's
Community Rating System (CRS).
Since 2012, the City of Fort Worth has participated in the CRS in order to reduce eligible flood insurance
premiums for our residents as National Flood Insurance Program (NFIP) reform legislation dramatically
increased flood insurance premiums nationwide. CRS is a program that recognizes higher-performing
cities relative to flood mitigation and safety programs. City of Fort Worth residents currently receive a 5
percent or 10 percent discount on their flood insurance premiums due to our CRS rating.
Because the City of Fort Worth has more than 10 repetitive flood loss structures, both an FMP and an
RLAA are required for continued participation in CRS. The new FMP will also help to create a Mitigation
Strategy and Action Plan to address flooding problems within the City and generate additional credit points
to help flood insurance premiums even further.
Freese and Nichols, Inc., responded to a 2012 request for qualifications for FEMA-related services and
they propose to perform the necessary engineering analyses for a lump sum fee of$234,893.00. This cost
was determined to be fair and reasonable for the scope of services proposed.
MMIBE Office- Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by committing to
21 percent SBE participation on this Agreement. The City's goal on this Agreement is 21 percent.
This program affects ALL COUNCIL DISTRICTS.
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Logname: 20SW_FLOODPLAIN_MANAGEMENT PLAN Page 1 of 2
The Fiscal Year 2015 budget includes appropriations of$1,100,000.00 in the Floodplain Management
section of the Stormwater Utility Fund for the Consultant& Professional Services account, of which
$200,000.00 is intended for this Agreement. The additional $34,893.00 will come from savings from the
Other Contractual Account.
The Financial Management Services Director certifies that funds will be available in the current operating
budget, as appropriated, of the Stormwater Utility Fund and that prior to an expenditure being made, the
Stormwater Utility Fund has the responsibility to validate the availability of funds without exceeding
existing appropriations.
FUND CENTERS:
TO Fund/AccountiCenters FROM Fund/Account/Centers
1) PE69 531200 0209207 $234,893.00 1) PE69 531200 0209207 $234,893.00
CERTIFICATIONS:
Submitted for City Managers Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Clair Davis (5981)
ATTACHMENTS
1. Attachment A - FMP Scope of Services.pd (CFW Internal)
2. PE69 531200.pdf (CFW Internal)
3. Request for Compliance FP-14-040-CRS-FINAL.pdf (CFW Intemal)
4. SAM Search Results-Freese.pdf (CFW Internal)
5. SAM Search Results-Gorrondona.pdf (CFW Internal)
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