Loading...
HomeMy WebLinkAboutContract 43746STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT NO. '-i31Lt' KNOWN ALL BY THESE PRESENTS: THIS AGREEMENT, entered into the Z day of 20 % '7- by and between the City of Fort Worth, a Texas home -rule municipality, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Brown & Gav Engineers, Inc. . an independent contractor "Consultant" authorized to do business in Texas. 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 STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION (SWS-051) 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 be $650,000 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. 10-1 2-1 2 P02: 34 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 tenuinated pursuant to the terms herein, this Agreement shall be for a term of 2 years, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. This Agreement may be renewed up to 3 times in annual increments, subject to available funds. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, of 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 10.11.2011 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 given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Professional Liability $1,000,000 per claim and aggregate. Professional Liability insurance may be written on an occurrence o1 claims - made basis. If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement, and for five (5) years following completion of the service provided under the contractual agreement, or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. 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 Section 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. Professional Services Consultant Agreement Rev 10.11.2011 Page 3 of 8 b. Certificates of insurance shall be delivered to the TPW Stormwater Management, Attention: _Mr. Steven E Eubanks Pb. 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 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. 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. 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 oi 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. Professional Services Consultant Agreement Rev 10.11.2011 Page 4 of 8 ARTICLE 8 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 perfotun 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 Agieement 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. 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 o1 contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to 01 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 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. Professional Services Consultant Agreement Rev 10.11.2011 Page 5 of 8 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. ARTICLE 11 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 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 iule 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 o1 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 Agr Bement to other Professional Services Consultant Agreement Rev 10.11.2011 Page 6 of 8 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: Steven Eubanks, PE, CFM Stormwater Management Group, T/PW Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Brown & Gay Engineeis, Inc Brenda Gasperich, PE, CFM 2595 Dallas Parkway, Ste. 204 Frisco, TX 75034 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define oz limit the scope of any provision of this Agreement ARTICLE 17 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 Professional Services Consultant Agreement Rev 10.11.2011 (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: C) Doug1W. Wiersig, P.E., Dictor Department of Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: Do s g as W. Black Assistant City Attorney M&C No. C - y-gth M&C Date: g, ; g, Z ATTEST: Mary J. Kayser City Secretary /i4 Date Professional Services Consultant Agreement Rev 10.11.2011 #4 fOlir.44tk 'craw 000000_ 40 A at F�YA �� U OpO 0 yvjj OOp `11 ski °00 0 0 0 0°C)di Zi 4 ittate Brown & Gay Engineers, Inc.: k//r. • , ,( Wm. D. (Doug) Dillon, ICE Sr. Vice President FFICIAL RLIGO : D CITY SEC ET, RV FT. ' ORfl5 TX Page 8 of 8 ATTACHMENT "A" STORMWATER ER MASTER PLAN DEVELOPM �NT AND IMPLEMENTATION SCOPE OF WORK The following scope represents potential tasks that could be performed under the Stormwater Master Plan Development and Implementation Project. These tasks will be performed at the direction of the City and will not exceed the fee of $650,000 without prior approval from the City. The proposed scope of services includes the following tasks: 1. Strategic Planning a. Initial Program Assessment i. Needs Assessment PM Team will hold two workshops to gather input on the SW Program from the engineering community. One workshop will include the SW Staff and the other will include select SW Consultants. PM Team will develop an overarching program vision and mission that will guide the development and implementation of a strategic plan. A strategic plan with five- year benchmarks will be developed and a needs assessment will be performed. PM Team will also develop procedures necessary to identify study needs, capture study results and move studies through the feasibility phases to CIP. Deliverables — Meeting minutes from workshops, needs assessment and strategic plan. ii. Project Queue PM Team will develop and maintain a master list of potential and active CIP plans and projects, and will guide these projects through the planning process and ultimately to Capital Projects. A GIS database for the projects will be developed and maintained in a format that captures key metrics and plan attributes. PM Team will manage the project queue with a 7 - 10-year time line. Deliverables — GIS database of plans and projects b. Refine Project Metrics Scheme (Develop Strategic Prioritization Levels) i. Needs -Based Planning Metrics (Level One —Identify Master Plan Priorities) Using information from Task 3, existing data and information, feedback from City Staff, and other available information, the PM Team will prepare a Needs Analysis for the entire City of Fort Worth. The Needs Analysis will identify existing plans and projects as well as areas where new plans are necessary. The PM team will develop a set of evaluation criterion (metrics) for plans identified from the Needs Analysis to support the identification of Master Plan studies or smaller studies. The PM Team will then use this set of metrics to evaluate BROWN ez, GAS :ENGINEERS, .SNCO • /371/432071,7umic-sly City of Fort Worth - Stormwater Master Plan Development and Implementation Scope 08/23/2012 Page 2 of 6 and rank the list of potential projects across the entire City. This ranking will be used to develop a Master Planning level project queue to assist in prioritizing Master Planning studies and local project studies. Deliverables —Needs Assessment, Level One Project Metrics ii. Master Plan Metrics (Level Two -Evaluate Master Plan Mitigation Strategies) PM Team will develop a set of evaluation criterion (metrics) to evaluate which mitigation strategies move into the feasibility stage. Completed master plan mitigation strategies will be evaluated and appropriately scored. The Needs Analysis (Level One) may also identify straightforward mitigation strategies appropriate for bypassing of master planning which will also be evaluated and scored. Unlike the Needs Assessment, the Level Two evaluation will be performance based. The PM Team will use this set of metrics in the maintenance and management of the project queue, and it will help identify priority mitigation strategies to move into formal feasibility or in some cases straight to Capital Projects. Deliverables Level Two Project Metrics iii. CIP Metrics Level Three (Prioritize Potential Capital Projects) PM Team will develop a set of evaluation criterion (metrics) for mitigation strategies at the CIP level. These metrics will be based on information developed in the Feasibility stage, and the metric will be used in the plan formulation process for the CIP stage. These metrics will be of greater detail and will incorporate a Benefit Cost Analysis (BCA) or suitable substitute. The PM Team will develop an economic guidance document for application of this process. The resultant Level Three metrics will be applied to the project queue to assist in CIP Programming. Apply and refine the Level Three metrics to the existing CIP projects Deliverables — Level Three Metrics, table of metrics for CIP projects c. Establish Systematic Coordination Procedures with Streets, Water, Sewer and Parks Staff PM Team will evaluate information obtained by the SW staff from meetings held with Streets, Water, Sewer and Parks staff regarding coordination procedures. PM Team will then attend a meeting with the Street, Water, Sewer and Parks staff to better understand these procedures and look for opportunities to incorporate SW staff into these existing procedures, if possible. If not possible, PM Team will suggest revisions to the procedures in order to include the SW staff in the coordination of Streets, Water, Sewer and Parks staff at the appropriate time during CIP planning. Upon agreement of these new procedures with SW, Streets, Water, Sewer and Parks staff, the PM Team will implement the new plan. A GIS database will also be developed containing proposed or future CIP projects that can be cross-referenced with Streets, Water, Sewer and Parks CIPs to seek opportunities for internal "partnering". Deliverables — Meeting minutes from City staff meetings, suggested revisions to procedures, implementation plan, GIS database BROWN GAY ENGINEERS, ENC0 kJ wino 6) City of Fort Worth - Stormwater Master Plan Development and Implementation Scope 08/23/2012 Page 3 of 6 d. Public Outreach Strategy for the SW Program The SW Program's public outreach goal is to increase awareness, education and community involvement in storm water improvement activities. The outreach planning process will begin with a situation analysis which identifies key program drivers, prioritizes needs of internal and external stakeholders, reviews current state of the Program's outreach methods and identify gaps. These findings will be used to develop outreach objectives and create the framework for writing a public outreach plan. The plan will include: recommended awareness, education and community involvement strategies as well as key messaging, outreach activities and a list of identified resources to support plan implementation. An evaluation matrix will also be provided along with a timeline and budget estimates. Deliverables — Presentation to internal staff on Situation Analysis results, Public Outreach Plan, Outreach Materials (e.g. messaging materials, presentation templates, website content) 2. Study Management a Program Coordination Assistance Incorporating the established vision and goals of the SW Program, the PM Team will assist City staff with: General guidance on overall goals and specifications to meet City objectives for planning studies ® Guidance of overall SW program study efforts ® Coordination with City staff and PM Team with respect to ongoing projects, activities and duties ® Integration with program initiatives PM Team will meet with City staff to confirm objectives and develop schedule for Organizational Assistance, will conduct an initial kickoff meeting to discuss the overall program study approach and attend coordination meetings with City Staff. Deliverables — Meeting minutes, monthly status reports, assistance with standard project Progress Report. b. Develop Data Management Methodology i. GIS Data PM Team will evaluate GIS data available from City's SW asset inventory project and coordinate with ongoing Watershed Planning Study consultants regarding the quality of data, uses in modeling and additional data needed for studies. Specifically, the LAN planning study of the ECBD will be used as a pilot study for the GIS data. PM Team will work with consultants and city staff to document the quality of data resulting from the asset inventory (GIS), uses in modeling and additional data needed for studies. These results will also be used as guidance for scoping and performing work with the available GIS. ii. Model Management PM Team will create a guidance document for the approach and methodology for pipeshed models and open channel models. The document will refer to the City's drainage criteria, BRowrkT GAY lENGINEERS,NC. l �ck;6 r,N ` c r �D City of Fort Worth - Stormwater Master Plan Development and Implementation Scope 08/23/2012 Page 4 of 6 but contain specifics on methodology that are particular to software programs used during modeling. Other documents (internal and external to the City) will be reviewed and incorporated where appropriate. iii. Study Results Previous models and studies that have been conducted will be used to feed back into the feasibility analysis in consideration of possible CIP projects. The results also will be used as information to further refine the study process. PM Team will develop technical standards and guidelines, including templates for delivering and reporting study results such that existing and future study results can be efficiently incorporated into the planning metrics from Item 1.b. Deliverables — GIS Data whitepaper, Model Management whitepaper, Technical Standards and Guidelines Document c. FY13 studies PM Team will provide study oversight and assistance to the City focused on developing consistent planning studies throughout the SW Program. Tasks include: 0 Scope review, fee review and negotiations Assist in review of study data, modeling techniques, and procedures Overall study schedule and metrics Coordination of alternatives analysis between various studies Coordination and attendance at meetings with the City and its consultants to discuss issues and ensure standards and protocols for studies are followed Includes the following studies: Forest Park -Berry Scoping & Review (AECOM detention options) o Central Arlington Heights oversight o East Central Business District (ECBD) (LAN Planning Study) o Henderson Street Study o Zoo Creek Tunnel Feasibility Study (Dunaway) o Misc. Feasibility Studies Additional Studies to be identified ($2.5 mil budget)* Deliverables -- Meeting agendas and minutes, Technical review memoranda d. Provide review of modeling methodologies and objectives PM Team will assist City staff in the following tasks, including literature research and solicitation of input from Consultant Team, and provide recommendations to City staff: o Specific modeling issues o Administer stormwater analysis software review and considerations o Coordinate with City staff and Consultant Team to address comments and questions. o Model guidance BRowN at GAY ]ENGINEERS, INCO t) LrEjsji7 bpc_i.Ercgi-1‘iy° City of Fort Worth - Stormwater Master Plan Development and Implementation Scope 08/23/2012 Page 5 of 6 Methodology — Parameters Pre -approve software Deliverables — Software review memorandum, response to comments, software methodology guidance whitepaper 3. Technical Assistance a. City -Wide Pipeshed Ranking Analysis The City began a City-wide pipeshed analysis several years ago and has existing data associated with this analysis with the PM Team will obtain. The PM Team will review the current delineations and calculations, will revise the delineations as necessary, and will perform field verification (no survey) as needed. PM Team will then compute system runoff versus system capacity for each watershed. Deliverables — Complete GIS layer and database (DA size, outfall pipe size, capacity, runoff). b. Review and apply Hydrologic Impact Assessment PM Team will review and provide comments on the Hydrologic Impact Assessment. PM Team will make recommendations on how the Assessment should be applied within the SW Program. Upon agreement of those recommendations, the PM Team will implement the recommendations, as applicable. PM Team with hold a workshop SW staff. Deliverables — Comments on Assessment, recommended action plan, workshop report 4. Landuse and Partnering Strategies* a. Large Pipeshed Detention Evaluation Following City Stormwater criteria, PM Team will estimate conceptual levels of detention required to meet flood reduction objectives in each identified pipeshed. PM Team will then identify large parcels of open space within each pipeshed where detention might be feasible with a primary priority on Fort Worth Independent School District (FWISD) properties and secondary priority on Fort Worth Parks Department properties. Evaluation criteria for open space detention properties will include location, acreage, approximate detention, and ownership. Results of the evaluation will be summarized in a report identifying potential landuse and partnering strategies with FWISD and Parks Department and recommended alternatives for detention -based mitigation projects. PM Team will also utilize results of evaluation in Task 4b. Deliverables — Pipeshed Detention Evaluation Report, List of properties to acquire with ranking. b. Re -Development Strategies PM Team will evaluate current methodologies for analyzing and mitigating infield development. This evaluation will include various meetings with stakeholders. Based on the results of this evaluation, PM Team will recommend strategies and revised methodologies to accurately assess re -development impacts, identify favorable opportunities for partnership, and develop BROWN et GAY ENGINEERS, INC. 1 rl )01)01.-iv:011.6-)aacznm City of Fort Worth - Stormwater Master Plan Development and Implementation Scope 08/23/2012 Page 6 of 6 outreach tools to promote low -impact re -development. Specific strategies will be developed for the following: i. Henderson pipeshed and similar older commercial areas with undersized storm drains. ii. Fort Worth Independent School District (FWISD) and other neighboring ISDs iii. Commercial Interests iv. Business Groups (e.g. Fort Worth South) Deliverables— Meeting agendas and minutes, Re -Development Strategies Evaluation Report, Public Outreach materials (as -needed), 5. Project Administration* a. Annual Program Report and Briefing The PM Team will develop an annual report that summarizes the program's performance and delivery and compares performance to pre -established benchmarks and objectives. The PM Team will provide a briefing to the City and will evaluate, amend, and refine goals for subsequent years. If necessary, recommendations for modifications to the program will be provided. The entire program, including the project queue, will be evaluated to ensure that the program is in adherence to the vision and mission. Deliverables — Annual report and meeting materials b. Mid -year Program Review The PM Team will lead a mid -year evaluation of the program in order to identify any significant gaps or shortcomings and to implement necessary measures to correct. The project queue will be re -visited at this time and end of year metrics will be refined as necessary. Deliverables —Mid-Year Summary Document (to be prepared after program review) c. Unspecified additional services ($50k) PM Team will assist the City with additional services on as as -needed basis. These tasks may include the following: o Coordination with Consultant Team on preparation for group meetings Reports and Documentation o Presentations (internal and external) Additional services that relate to this scope of service, but that are not otherwise specified Deliverables Meeting agendas and minutes, documentation, presentations (all as needed) * Scope items anticipated to be completed with renewal funds. BROWN CI GAY ]ENGINEERS9 INC. (-1 ra16:71}0 fir•_ VQ ATTACHMENT "B" STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION COMPENSATION AND PAYMENT SCHEDULE A. The Engineer shall be compensated a total project fee not to exceed $650,000. Payment of fees shall be made on a time and materials basis, up to this limit, for services described in Attachment "A" for all labor materials, supplies and equipment necessary to complete the project. B The Engineer shall be paid in accordance with monthly invoices generated based on time and materials spent on the project Each invoice from the Engineer shall be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. C. Additional Tasks that may be assigned, not currently included in the Scope, may be billed and paid on an hourly basis for actual hours worked and expenses incurred at an hourly billing rate as provided in Exhibit "B-2". No additional Tasks will be performed without prior written authorization from the City. Professional Services Fee summary is provided in Exhibit "B-3". Total project fees including MWBE participation is provided in Exhibit "B-3A". 1. Schedule Tasks will be performed at the direction of the City. An approximate project schedule is attached as exhibit `C-1". ATTACHMENT"B" Page 1 of 1 EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION HOURLY RATE SHEDULES A summary of current hourly billing rates is provided below: Principal Project Director Study Manager Staff Engineer/EIT GIS Support Staff Engineering Technician Administrative Assistance $210 $185 $120 $100 $90 $75 $65 EXHIBIT "B-2" Page 1 of 1 EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT B) STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION PROFESSIONAL SERVICES FEE SUMMARY This contract is being paid as a time -and -materials contract. The following estimated fee breakdown is based on current agreed understanding of work priorities. As initial tasks are completed, some priorities may change and some work may be deferred until the renewal periods. TASK Task 1: Strategic Planning Task 2: Study Management Task 2: Manage Additional FY2013 Studies* Task 3: Technical Assistance Task 4: Landuse and Partnering Strategies* Task 5: Project Administration* Additional Services TBD P roject Expenses APPROXIMATE FEE $220,000 $310,000 N ot Included $70,000 N ot Included $10,000 $30,000 $10,000 S ERVICE TOTAL $650,000 * Scope items anticipated to be completed with renewal funds. EXHIBIT "B-3" Page 1 of 1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION SWS-051 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Brown & Gay Engineers, Inc. Program Managers, Project/Study Lead Engineers Dewberry Study Management, Strategic Planning Michael Baker Jr, Inc. Study Management, Strategic Planning Pam Roach Public Relations Public Outreach Support EBG Engineering Study Management Assistance Craig Design Group, Inc. Land Planning Technical Support Amount $334,960 $139,640 $71,400 $50,000 $49,000 $5,000 Percent 7.5% 0.8% Total for' Professional Services $650,000 100% Proiect Description Scope of Services Total Fee Public Relations Task 1 $650,000 Study Management Task 2 $650,000 Technical Support Task 2 $650,000 MWBE Fee Percent $50,000 7.7% $49,000 7.5% $5,000 0.8% SUB ENGINEER shall participate in performing portions of the following Tasks as outlined in Attachment "A" Task 1: Task 2m Task 2: Public Outreach Support for Stormwater Program Study management support for the Zoo Creek Tunnel Feasibility Study Technical Support for the Forest Park Berry Study Non-MWBE Participation Brown & Gay Engineers, Inc. Dewberry Michael Baker Jr, Inc. 51.5% 21 5% 11.0% EXHIBIT "B-3A" Page 1 of 1 FOR'F VVORTH DOE CONTRACT CAPITAL PROJECT BID NUMBER (Please check one) Minority/Women Business Enterprise Office LETTER or INTENT TO PERFORM AS A SUBCONTRACTOR/SURCONSUL ANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, M/WBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that, a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011] 1; Name of Contract SWS�051 Stormwater Master Plan Development and Implementation 26 Value of Original Contract $ 650,000 3. Name of Offeror/Prime Contractor or Consultant BROWN & GAY ENGINEERS, INC. 4. The undersigned MWBE firm is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Public Outreach Support Pam Roach Public Relations (Nam f MIWBE Firm) \frAeA e Circle one wn!Authorized Agent of MBE firm) Type or Print Name (fr� LRt%%(9ZS (Phone Number) AFFIDAVIT OF OFFERORIPRIME CONTRACTOR or CONSULTANT at the price of $ 50,000 7/23/2012 (Date) (Signature of Owner or Authorized Agent of M!WBE firm) (RAI) 7tg-tiot (Fax Number) HEREBY DECLARE AND AFFIRM that I, Wm. D. (DOUG) DILLON, PE am the duly authorized representative of Circle one (Owner/Authorized Agent) BROWN & GAY ENGINEERS. INC. Name of Offeror/Prime and that I have personally reviewed the material and facts set forth in this Letter of Intent to Perform, To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth MIVVBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and correct, and that I authorized on behalf of the offeror/prime to make the affidavit, WM. D. (DOUG) DILLON, PE Circle One (Owner/ �D Authorized ' nt) Type o tint Name (Name of Offer/Prime) Type or Print 4L, e�. 7/23/2112 (Signature of Owner or Authorized Ageht) (Date) 972-464-4805 972-464-4899 (Phone Number) (Fax Number) BROWN & GAY ENGINEERS, INC 01/14/09 Fo R 17 VVO R 'r Ali DOE CONTRACT CAPITAL PROJECT BID NUMBER (Please check one) Minority/1Nornen Business Enterprise Office LETTER OF INTENT TO PERFORM!! AS A SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, M/WBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that, a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011) 1. Name of Contract SWS-051 Stormwater Master Plan Development and Implementation 2. Value of Original Contract $ 650,000 3. Name of Offeror/Prime Contractor or Consultant BROWN & GAY ENGINEERS. INC. 4. The undersigned MWBE firm is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or ' install" or both): Study management assistance and other rnisc services EBG ENGINEERING, LLC. (Name of MWWBE Firm) IF rn-. Circle one Owner uthorized Agent of M/WBE firm) Type or Print Name Zt —cgzI —3861 (Phone Number) AFFIDAVIT OF OFFEROR/PRIME CONTRACTOR or CONSULTANT HEREBY DECLARE AND AFFIRM that I, at the price of $ 49.000 7/23/2012 (Date) (Signature of 0 er or Authorigent of M/WBE firm) 114 (Fax Number) Wm. D. (DOUG) DILLON. PE am the duly authorized representative of Circle one (Owner/Authorized Agent) BROWN & GAY ENGINEERS. INC Name of Offeror/Prime and that I have personally reviewed the material and facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity) who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance. do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and correct, and that I authorized on behalf of the offeror/prime to make the affidavit. WM. D. (DOUG) DILLON, PE Circle One (Owner/ Audi sized Agent) T)jpe or Print Name (Signature of Owner or Authorized Agent) 972-464-4805 (Phone Number) BROWN & GAY ENGINEERS, INC (Name of Offer/Prime) Type or Print 7/23/2012 (Date) 972-464-4899 (Fax Number) 01/14/09 fib Ric Wb J= - 7C' IC I DOE CONTRACT CAPITAL PROJECT BID NUMBER (Please check one) MinoritylWomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth MWWBE Ordinance, MWWBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that, a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011] 1. Name of Contract SWS-051 Stormwater Master Plan Development and Implementation 2. Value of Original Contract $ 650.000 3. Name of Offeror/Prime Contractor or Consultant BROWN & GAY ENGINEERS, INC. 4. The undersigned MWBE firm is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Land Plannina Technical Support Craia Design Group. Inc./ CDG Landscape Architects (Name of MWWBE Firm) evresciserie c ra Circle one caner Authorized Agent BE firm) Type or Print Name ern) Mot 41- (Phone umber) AFFIDAVIT OF OFFERORIPRIME CONTRACTOR or CONSULTANT I HEREBY DECLARE AND AFFIRM that I at the price of $ 5,000 7/23/2012 (Date) • (Signature of Owner or Au rttt'of MBE) (faCoils\ Alog ‘19 x umber) Wm. D. (DOUG) DILLON. PE am the duly authorized representative of Circle one (Owner/Authorized Agent) BROWN & GAY ENGINEERS. INC. Name of Offeror/Prime and that I have personally reviewed the material and facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth MANBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth MWWBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and correct, and that I authorized on behalf of the offeror/prime to make the affidavit WM. D. (DOUG) DILLON, PE • Circle One (Owner/ Authorized Agenj Type or Pri t tjsme (Name of Offer(Prime) Type or Print 1.0,Pdew (Signature of Owner or Authorized 972-464-4805 (Phone Number) i gent) j (Date) 972-464-4899 (Fax Number) 7/23/2012 • BROWN & GAY ENGINEERS, INC 01/14/09 ATTACHMENT "C" STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT "C" Page 1 of 1 ID 0 Task Name 1 STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION 2 Ez Notice to 1 Task 1: S A: In 3 4 .........g ........ ----6— ..... B: R —...7.7 8 9 10 11 C: E 12 D: P 13 Task 2: $. 14 A: P 15 B: C 16 rr 17 18 19 a . C:11J 20 D: 114 = 21 -- 22 23 ••••••••••••••••••••• roceed trategic Planning itial Program Assessment 1: Needs Assessment A2: Project Queue fine Project Metrics Scheme B1: Level One - Needs -Based Planning Metrics B2: Level Two - Master Plan Metrics B3: Level Three - CIP Metrics stablish Coord Procedures w/ Streets and Water ublic Outreach Strategy tudy Management rogram Coordination Assistance evelop Data Management Methodology B1: GIS Data B2: Model Management Duration EXHIBIT "C-1" (SUPPLEMENT TO ATTACHMENT C) STORMWATER MASTER PLAN DEVELOPMENT AND IMPLEMENTATION Start Finish 264 262 days Mon 10/1/12 Tue 10/1/13 1 day Mon 10/1/12 261 days Mon 10/1/12 15 days 15 days 15 days Mon 10/1/12 Mon 10/1/12 Mon 10/1/12 45 days Mon 10/22/12 15 days Mon 10/22/12 Mon 10/1/12 Mon 9/30/13, Fri 10/19/12 Fri 10/19/12 Fri 10/19/12 Fri 12/21/12 Fri 11/9/12 15 days Mon 11/12/12 15 days Mon 12/3/12 1 261 days Mon 10/1/12 Fri 11/30/12 Fri 12/21/12 261 days Mon 10/1/12 261 days Tue 10/2/12 261 days Tue 10/2/12 35 days Mon 12/31/12 B3: Study Results anage 5 Ongoing studies odel Software Review --- Task 3: Technical Assistance City -Wide Pipeshed Analysis Review and Apply Hydrologic Impact Assessment Project: PM_ApproxSchedlue_201209 Date: Mon 9/17/12 Task Split 11111111111111111111111111 35 days Mon 12/31/12 35 days Mon 12/31/12 35 days Mon 12/31/12 260 days Wed 10/3/12 30 days Mon 11/19/12 130 days Mon 10/22/12 120 days Mon 10/22/12 10 days Mon 4/8/13 Progress Milestone Mon 9/30/13 Mon 9/30/13 Tue 10/1/13 Tue 10/1/13 Fri 2/15/13 Fri 2/15/13 Fri 2/15/13 Fri 2/15/13 Tue 10/1/13 Fri 12/28/12 Fri 4/19/13 Fri 4/5/13 Fri 4/19/13 2013 12 Oct ' 2 d Nov '12 1 Dec '12 Jan '13 eb '1 1 ar '13 r '13 !i y 1 ../un Lib '1; lOct ' 16233(1.7 1412.11 ql..4 111825111911623 Q.16 13202 3110 72_1101724 14212 12 9,L26 .. 1623, 01_71 4212 111182 1 [8 15 22916 v ••1111111111 MIN 11 I el 1 I I. MIMI. II 1111 1 I I I NI I III • II I 111 uI.IlIU.I III le I• le II 11 11111111 4 11 !le 11 11 II in sae I I 1.1 1 Ile 1111 eeelIMM 8181 OMNI. MINI= IN 1 MI HMI • 1 Mee. lelle 111 114 1.• $ WM MEM. NM 4410 1618 • I 1111 I 1 1111 I 1 I 1111 I I 1 41 qpiimilmomuma le 1 I 1M e el e lili• 111 1101 Summary *111 Project Summary c e Extemal Tasks Extemal Milestone Deadline Page 1 M&C Review DATER CODER SUBJECT: Page 1 of 2 Official site of the City of Fort Worth, Texas f bRT WORT II COUNCIL ACTION: Approved on 9/18/2012 9/18/2012 REFERENCE NO.: C **C-25840 LOG NAME: 20SWMMASTERPLANNING HEARING: Authorize Execution of an Agreement with Brown & Gay Engineers, Inc., in the Amount of $650,000.00 for Development and Implementation of a Stormwater Master Plan (ALL COUNCIL DISTRICTS) TYPE CONSENT PUBLIC NO RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Brown & Gay Engineers, Inc., in the amount of $650,000 00 for assistance with the Development and Implementation of a Stormwater Master Plan, including three optional renewals, subject to available funds DISCUSSION: This contract will assist with the development of a City-wide Stormwater Master Plan that will provide strategic guidance in the prioritization of future drainage studies and capital improvement projects to maximize effectiveness in reducing flood conditions and maintaining public safety. It is expected that the ultimate Stormwater Master Plan will be developed in phases utilizing various consulting entities over a 10-20 year time -frame yielding an overall strategic review and implementation of projects to alleviate flooding throughout the City Since the inception of the Stormwater Utility in 2006, the most immediate drainage problems in the City have been addressed individually based on more visible and historic flooding events. After six years of program deployment in this manner, a more comprehensive and strategic assessment of all drainage basins in the City is needed to ensure the optimal use of Stormwater Utility operating and capital funding going forward. The Stormwater Master Plan is designed to systematically identify drainage deficiencies throughout the City, evaluate strategies for flood mitigation, develop specific feasible and cost-effective solutions, and provide prioritized projects for construction under the Stormwater Capital Improvement Project program. Work accomplished under this contract will include a City-wide assessment of storm drain capacities and the development of standards, parameters and criteria for individual detailed studies to more effectively prioritize future stormwater projects, as well as greater guidance in evaluating feasible solutions and balancing project costs and functional effectiveness. Resultant projects will be designed and constructed through separate contracts. A Request for Qualifications (RFQ) for this contract was published in the Fort Worth Star-Telearam in November, 2011. Eight consultants responded Brown & Gay Engineers, Inc., was selected as the most qualified consultant. Brown & Gay Engineers, Inc., proposes to perform the scope of work for this contract on a time and materials basis for a not -to -exceed fee of $650,000.00. The contract also includes a provision for the City to exercise an option for three additional renewals to manage the implementation of the individual studies which will comprise the Stormwater Master Plan Staff considers this fee to be fair and reasonable for the scope of services provided. Brown & Gay Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal for this project is 16 percent. This master planning work is located in ALL COUNCIL DISTRICTS. http://apps. cfwnet.org/councilpacket/mc_review.asp?ID=17197&councildate=9/18/2012 9/21/2012 M&C Review Page 2 of 2 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 $650.000.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Steven Eubanks (7857) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17197&councildate=9/18/2012 9/21/2012