HomeMy WebLinkAboutContract 44854 (2)CITY OF FORT WORTH, TEXAS
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Brown & Gay Engineers, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Inlet Controls,
Floatable Collectors and Credits for Stormwater Management.
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 Inlet Controls, Floatable Collectors and Credits
for Stormwater Management (SWS-055�
(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 $241,550 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 ior Pro(essional Services
PMOO((icial Release Date: 1/28/2013
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Article III
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Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 6
months, 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 untii 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 TPW Stormwater Management,
Attention: Ranjan S. Muttiah, Ph.D., 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 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
PMOOfficial 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 Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
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
PMOOfficial 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 oi Fort Worth, Texas
Standard Agreement for Protessional Services
PMOOfficial Release Date: 1/28/2013
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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: Ranjan S. Muttiah, Ph.D., P.E., CFM
1000 Throckmorton Street
Fort Worth, TX 76102
Consultant:
Brown & Gay Engineers, Inc.
Attn: Aiza Jose-Sanchez, PhD, PE, LEED AP
2595 Dallas Parkway, Ste 204
Frisco, TX 75031
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 ior 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.
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Executed and effective this the � y__��, �
BY: BY:
CITY OF FORT WORTH ENGINEER
Brown & Gay Engineers, Inc.
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Wm. D. (Doug) Dillon
Sr. Vice President
Date: ��.Z 3 �/,3
APPROVAL RECOMMENDED:
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By:_�
Dougl�
Departme
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W. Wiersig, P.E.
of Transportation
APPROVED AS TO FORM AND LEGALITY
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Public Works
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Assistant City Attorney
ATTEST:
Mary J. Ka�C:��
City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMOOfficial Release Date: 1/28/2013
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Fernando Costa
Assistant City Manager
ATTACHMENT "A"
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
TASK 1.0: DATA ANALYSIS AND REPORT OF 2 YEAR INLET COLLECTION
SYSTEM PILOT PROJECT
Task 1 includes the completion of the 2 year pilot project for inlet collection systems
designed to control floatables and sediment at different locations and inciudes the
following subtasks.
1.1 Site Evaluations for Expansion of Lake Worth
The ENGINEER will work with the City to evaluate the expansion of inlet
protection at Lake Worth (Exhibit B-4).
Sub-Tasks:
1) Determine suitability of inlet expansion, including up to 2 site visits:
observe general drainage patterns, pedestrian and vehicular traffic, land
use patterns, hydraulic evaluation and limitation of inlet BMP.
2) Coordinate stakeholders to secure the installation, operation and
maintenance of the expansion. Assume one meeting per site with each
of the various stakeholders.
Deliverab/es:
• Develop site map and proposed expansion locations for Quebec and Lake
Worth Pilot Study Expansion
� Documentation for operation and maintenance of inlet collection systems.
1.2 Modifications of Connector Pipe Screen (CPS) Units for Existing Pilot
Study Areas (Lake Como and JPS Hospital)
The ENGINEER will work closely with the City to modify the current design of
CPS to improve performance of CPS unitsl
Sub-Tasks:
1) Document inlets requiring inlet protection modification (photographic log).
2) Site visits.
3) Coordinate with vendor and City to develop improvement design
concepts.
Deliverables:
• Photographic documentation of site visit
• Proposed CPS retrofits to BMP vendor
1.3 Review Collection Procedures for Existing and extension of Existing Pilot
Study Areas
The ENGINEER will coordinate with the City to review and revise as necessary
the inspection, vactoring, trash generation and data collection procedures for the
Attachment A
pilot study areas for the SOP. Data collection will be conducted by City
personnel according to agreed upon protocols.
Sub-Tasks:
1) Define feasible and reliable methods for conducting the inspection,
vactoring, and inspection tasks for the three different areas of interest for
expansion of the pilot study.
Review Protocols for methods and frequencies/times of data collection so that
the information obtained can be used for purposes of tracking the efficiency and
feasibility of the pilot study.
Deliverables:
• Revise SOP as required for the operation, maintenance and tracking of the
selected inlet controls including forms to be used by City personnel to coilect
the information, and internal and external communication protocols for the
three additional areas for the inlet pilot study.
1.4 2-Year Pilot Study Data Analysis
The ENGINEER will compile data collected by City's personnel for the first two
years of operation of the inlet pilot study. A quarterly data analysis will be
conducted throughout the two years of tracking of the pilot study.
Sub-Tasks
1) Develop data acquisition and convention protocols.
2) Compile data from the City.
3) Summarize and report data on a quarterly basis
4) Prepare a bi-annual TM summarizing the preliminary findings of that
phase, and an annuai TM with the preliminary findings obtained from the
data analysis.
Deliverables:
• Completion of Data Analysis to include CY 2012
1.5 Final Report of 2-Year Iniet Pilot Study
The ENGINEER will prepare a final report with the results from the first two years
of operation for the pilot study. The final report will consist of results from the
data collection specifying the efficiency, operations, maintainability of the inlet
devices, and feasibility for expansion of the inlet devices.
Sub-Tasks:
Prepare final report after completion of the two year pilot study to summarize the
results.
Deliverables:
• A final report of the 2-year pilot study.
• Electronic submission of all data collected, summarized, final report and
associated appendices.
1.6 Expansion of Inlet Controls for powntown Fort Worth
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Attachment A
The ENGINEER will work to define areas for potential future expansion of the
inlet controls to parts of downtown based on previous coordination by
ENGINEER with City staff
Sub-Tasks:
1) Perform a desktop review for the selection of the general area and
potential inlets.
2) Conduct up to three site visits to refine the area and specific inlets to
protect.
3) Select/design/refine the controls to install.
4) Preparation of GIS exhibits showing the areas and inlets for the pilot
study expansion.
Deliverables:
• Coordination Meeting
• Sweeping Program Research
• Coordinate with Downtown, Inc. Street Sweeping
• Photographs of Downtown Inlets functioning
• Exhibits showing the areas and inlets for pilot study expansion
• Downtown Inlet Inventory and Classification
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TASK 2.0: DEVELOP DESIGN CONCEPTS, PROVIDE ASSISTANCE FOR
INSTALLATION OF FLOATABLES COLLECTORS SYSTEMS AND BMP
EVALUATION & RECOMMENDATION FOR SELECTED PROJECTS
The ENGINEER will assist the City in testing different floatables collection systems for
the removal of trash in the form of end-of-pipe or in-line applications at up to 4 locations.
The ENGINEER will assess and recommend the applicability of other mechanical water
quality BMPs for the treatment of gross pollutants and sediments for the at Far East and
Shoreview Drive drainage projects. The subtasks are:
2.1 Determine Suitability of Floatables Collectors Systems
The ENGINEER will coordinate with the City to determine sites for boom.and
EOP floatables collectors Willow Lake and Cravens Road Bridge will be
evaluated for two trash boom collectors. Two EOP devices, one for Lake Worth
(Quebec Rd.) and one for Eastern Hills will be evaluated. The ENGINEER will
coordinate with the City to develop design concepts.
Sub-Tasks:
1) Define the targeted location and evaluate the site for potential location of
two booms and two EOP systems based on ease of access and
maintenance and proper performance. This will be accomplished by a
combination of desktop review and site visits. Lake Worth will be
assessed for the potential implementation of floatable collectors at storm
drain outfalls along its shore.
2) Coordinate with Field Ops personnel from the City to review the proposed
configuration.
3) Evaluate the need to model the effect of the implementation of the BMPs
in the hydraulics of the stormwater network/system. If necessary,
conduct the hydrology and hydraulics modeling to ensure a no adverse
impact on flooding risk.
Deliverables:
• Exhibits showing the areas and conceptual design for the boom and EOP
systems.
• Documentation of no-adverse impacts from boom and EOP trash collectors.
2.2 Refine Design Concepts for Fioatable Collectors (Boom/EOP) Systems
Based on the particular characteristics of the site, the ENGINEER will refine
design concepts for two booms and two EOP units.
Sub-Tasks:
1) Work with technology vendors to refine design concept layouts.
Deliverables:
• Design Concepts/Consulting for Cravens Road - Bandalong Boom including
site visits, meeting minutes and coordination
s Design Concept/Consulting for Eastern Hills including site visits, meeting
minutes and coordination
Attachment A
• Design Concepts/Consulting for Willow Lake Watergoat including site visits,
meeting minutes and coordination
2.3 Instaliation Assistance of Floatable Coilectors (Booms/EOP) Systems
The ENGINEER will supervise the installation of the selected collection systems,
and will document installation using photographs and notes. The ENGINEER will
collect information and monitoring data collected by the City to assess the
performance of the Floatable Collectors.
Sub-Tasks:
1) Revise installation and drawings provided by the technology vendor to
ensure that the controls are installed according to specifications for up to
two boom and two EOP systems.
2) Inspect the devices after first rain event to evaluate operation.
3) Prepare a photographic documentation of installation process.
Deliverables:
• Installation Assistance for Willow Lake Watergoat
• 2 Site Visits to monitor/modify Willow Lake boom installation
2.4 Project Review and Evaluation of Mechanical BMPs
The ENGINEER will provide review of BMPs for the selected projects to identify
any areas of concern and investigate the suitability of different water quality
BMPs.
Sub-Tasks:
1) Meet with the design engineering team to understand the site and
determine the type of BMP suitabie for application and preliminary
location of the potential based on setting and constituents of concern.
2) Conduct a preliminary site visit to assess potential application of diverse
BMPs.
3) Assist City with development of design concepts for Far East and
Shoreview Drive projects.
4) Evaluate and provide recommendation for potential BMP(s) suited for the
removal of the identified constituents of concern.
Deliverab/es:
• Design Concepts/Consulting for Far East including site visits, meeting
minutes and coordination.
• Design Concept/Consulting for Shoreview including site visits, meeting
minutes and coordination.
• Identify 3 BMP alternatives for consideration for Far East.
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TASK 3.0: STORMWATER CREDIT PROGRAM SERVICES
The ENGINEER will closely work with the City to develop and implement a Stormwater
Credit Program. The current stormwater credit policy and the water quality guidance in
iSWM will be used as the foundation to conduct this task. Additionally, Fort Worth
Independent School District (FWISD) drainage design criteria and sustainable schools
criteria (CHPS) will be reviewed and cross-referenced for compatibility with the credit
program. To ensure that the program developed is practical, the ENGINEER wili
identify and evaluate up to 30 school sites sites to assess the potential for LID practices.
3.1 Development and Implementation Assistance for a Stormwater Credit
Program
The ENGINEER will review the existing stormwater credit policy and the water
quality standards in iSWM to outline the approach to implement a practical
stormwater credit program. This task consists in clearly interpreting and
streamlining the standards in iSWM so that they can be used as the criteria for
the application of the credit program.
Sub-Tasks:
1) Review iSWM standards. Fill gaps as needed to clearly formulate an
acceptable design criteria. Other standards accepted elsewhere in the
nation will be used for this purpose.
2) Review the credit policy to identify gaps, loopholes or ambiguity and
coordinate with the City to clearly formulate an interpretation of this policy
3) Review of existing FWISD and drainage and CHPS criteria and prepare
recommendation to be implemented by FWISD.
4) Outline the recommended approach for the implementation credit
program.
5) Hold up to 2 Workshops with City Staff to finalize the guidance document
for the recommended approach for the implementation of the credit
program.
Deliverables:
• Recommended language for FWISD drainage design criteria
• Guidance document for the recommended approach for the implementation
of the credit program.
• 2 Workshops with City Staff to finalize the guidance document
3.2 Site Selection and Coordination with City Personnel
The ENGINEER will coordinate with City personnel to identify, conduct field
inspections, and pre-screen potential sites.
Once potential sites have been identified, the ENGINEER will contact site
representatives and coordinate to further evaluate the credit potential of the
particular site. It is assumed that only 15 out of the 30 sites pre-evaluated will
qualify for the activities in this sub-task. Based on this assumption, the following
tasks are applicable for up to 15 sites.
Attachment A
Sub-Tasks:
1) Conduct the field inspection for the initial screening to assess the
feasibility of �ID practices (15 site visits).
2) Conduct a pre-screening to evaluate potential application in terms of
cost/benefit based on the credit program.
3) Contact the ISD and/or interested organizations to request additional
plans, details and discuss potential applications for credit.
Deliverables:
None
3.3 Water Quality Calculations
The ENGINEER will conduct site-specific calculations for the potential credit and
develop design for retrofit of stormwater facilities. The following tasks are
applicable for up to 15 sites.
Sub-Tasks:
1) Conduct detailed water quality calculations and complete the preliminary
design of the stormwater practices.
2) Calculate the water quality credits based on the suggested design.
Deliverables:
• Calculation spreadsheets.
3.4 Proposed Improvements to Site Plans
Once agreement on the final design has been achieved, the ENGINEER will
propose final improvements to the City personnel and site representatives for up
to 2 sites.
Sub-Tasks:
1) Develop the specifications and sketches required to construct or retrofit
the stormwater improvements with LID practices.
Deliverab/es:
• Design Concepts for Selected Sites
3.5 Peer Review — North Side High School
The ENGINEER will conduct a peer review of one institutional development in
planning or design phases for one development in their planning or design
phases (North Side HS), the ENGINEER will provide peer review to the design
engineering team to facilitate the incorporation of LID into those designs.
Sub-Tasks:
1) Coordinate and attend to up to two meetings to assist the design team to
identify potential green infrastructure or LID designs suitable for the
projects (Site Visits w/ FWISD Internal Architect (2)).
2) Draft recommendation for the design team and provide up to three
reviews of the proposed design at different stages.
3) Assist the City with the calculation of water quality credit.
7
Attachment A
Deliverables:
• Project Meetings (2) with FWISD Engineering/Architect Consultants
• Preliminary Drainage Calculations for Stormwater Credit
;
Attachment A
TASK 4.0: ADDITIONAL SERVICES
4.1 Assist City with Preparation for Conference Presentations or Community
Outreach
The ENGINEER will work with City staff to prepare for up to 7 presentations.
Sub-Tasks:
1) Assist City with presentation development including developing outline,
scope, purpose, photo and data preparation, content and QA/QC.
2) Prepare and present at City's request at 2 LID symposiums
Deliverables:
• Up to 5 presentations at conferences such as EPA, STORMCON, TFMA;
and outreach to FWISD and at LID symposium organized by City.
4.2 Luelia Merrett Stormwater Detention Feasibility Study
Engineering Services required to provide a comprehensive drainage study known as
Luella Merrett Stormwater Detention Feasibility Study located in the Ridgecrest Addition
in Fort Worth, Texas. Portions of the Ridgecrest Addition have been experiencing
flooding of streets and homes. This drainage study will identify inadequate drainage
structures and recommend options for improvement utilizing City of Fort Worth drainage
criteria.
The purpose of the drainage study/conceptual design is for the ENGINEER to identify,
develop, communicate through the defined deliverables, and recommend the design
options that successfully addresses the flooding issues, and to obtain the CITY's
endorsement of this concept. ENGINEER will utilize concepts and criteria contained in
the current CITY — iSWM Criteria Manual for Site Development and Construction for
conceptual planning and design.
Sub-Tasks:
1) Data Collection - In addition to data obtained from the CITY, ENGINEER will
research and make efforts to obtain pertinent information to aid in
coordination of the proposed improvements with any planned future
improvements that may influence the project. ENGINEER will also identify
and seek to obtain data for existing conditions that may impact the project
including; utilities, agencies (such as TxDOT and railroads), CITY Master
Plans, CITY drainage complaint files, existing applicable drainage studies,
FEMA floodplain and floodway maps, FWISD records, existing models of
project area (if any) and property ownership as available from the Tax
Assessor's office.
2) Drainaqe Computations - ENGINEER will delineate the watershed based on
contour data and field verification and document existing street, right-of-way
and storm drain capacities for the subject site. A drainage area map will be
drawn at maximum 1" = 200' scale from available 2-foot contour data with the
contours labeled. Data source and year will be provided by the CITY.
Calculations regarding street and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will
E
Attachment A
be provided. Other frequencies as required by iSWM criteria may be
appropriate for outfalls and sensitive locations. Capacities of existing storm
drain will be calculated and shown. All calculations shall conform to CITY
criteria delineated in the current CITY iSWM Criteria Manual for Site
Development and Construction. All locations in the project area where 100-
year runoff exceeds available storm drain and right-of-way capacities shall be
clearly identified. The ENGINEER's responsibility includes recommendations
for improvements of the existing system as deemed reasonable and
consistent with CITY standards.
3) Subsurface Utilitv Coordination — Subsurface Utilities will be researched with
City of Fort Worth and FWISD, and submitted to City of Fort Worth Utility
clearinghouse for review. ENGINEER shall:
a. 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.
b. 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.
c. Review records for: evidence or indication of additional available
records; duplicate or conflicting information; need for clarification.
d. Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
e. Include survey and correlation of aerial or ground-mounted utility
facilities.
f. Survey surface features of subsurface utility facilities or systems.
g. The survey shall also include (in addition to subsurface utility features
visible at the ground surface): determination of invert elevations of any
manholes and vaults; sketches showing interior dimensions and line
connections of such manholes and vaults; any surface markings
denoting subsurface utilities, furnished by utility owners for design
purposes.
h. Exercise professional judgment to correlate data from different
sources, and to resolve conflicting information.
i. Update (or prepare) plan sheets, electronic files, and/or other
documents with all pertinent information.
j. Recommend follow-up investigations (e.g., additional surveys,
consultation with utility owners, etc.) as may be needed to further
resolve discrepancies.
k. Identify overhead utilities on the project and provide the overhead
utility information on the plan sheets.
4) Survey — ENGINEER will perform field surveys to collect horizontal and
vertical elevations and other information needed by ENGINEER in design and
preparation of drainage study for the project. Information gathered during the
survey shall include topographic data, existing utilities, structures, trees
(measure caliper, identify overall canopy, and have qualified arborist identify
species of trees), and other features relevant to the final drainage study.
Existing drainage at intersections will be verified by field surveys. Spot
elevations will be shown on intersection layouts with cross slope to fit
10
Attachment A
5)
6)
7)
�
9)
intersecting grade lines. The minimum survey information will be collected for
reference and shall include the following:
a. Control Points;
i. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron
Rod)
ii. X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on CITY Datum
only.
iii. Descriptive Location (Ex. Set in the centerline of the inlet in the
South curb line of North Side Drive at the East end of radius at
the Southeast corner of North Side Drive and North Main
Street).
Temporary Riqht of Entry Preparation and Submittal - Prior to entering
property for field survey, the ENGINEER shall prepare, mail and obtain
Temporary Right of Entry from landowners. The documentation shall be
provided in conformance with the checklists and templates available on the
CITY's Buzzsaw site.
Svstem Routinq - As requested, ENGINEER will review flood mitigation
options outside area detention
Water Qualitv Implementation - ENGINEER will review and recommend
appropriate water quality options to be implemented with the detention
feasibility report.
Multi-Use Alternative Considerations - Future use of proposed ISD site will be
included in the feasibility study. Options may include but are not limited to:
a. Layout of school recreation fields
b. Community Access routes/walkways
The Drainaqe Studv/Conceptual Desiqn Packaae shall include the following:
a. Written summary of up to 4 alternative design concepts considered,
strengths and weaknesses of each, and the rationale for selecting the
recommended design concept.
b. Drainage area map with supporting drainage computations in the
CITY's standard tabular format.
c. Conceptual iSWM Checklist in accordance with the current iSWM
Criteria Manual for Site Development and Construction. Include
documentation that the proposed storm water project will not impact
upstream and downstream properties.
d. Documentation of key design decisions (Project Decision Log).
e. Estimates of probable construction cost for each alternative
f. Assumptions:
i. All storm water calculations and design shall conform to the
current CITY iSWM Criteria Manual for Site Development and
Construction.
ii. The general location of a proposed area detention pond has
been identified. The actual size and shape of the pond will be
an iterative process during the study phase. A total of up to 4
pond alternatives are included with this contract.
iii. All submitted documents and checklists will be uploaded to the
designated project folder in Buzzsaw
iv. • ENGINEER shall not proceed with Final Drainage Study
without written approval by the CITY of the Draft Drainage
Study.
11
Attachment A
Deliverables:
• Three copies of a Draft Drainage Study will be delivered. .
• Three copies of the Final Drainage Study will be delivered. •
12
ATTACHMENT "B"
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
COMPENSATION AND PAYMENT SCHEDULE
I. Compensation
A. The Engineer shall be compensated a total project fee of $241,550. Payment of
the total lump sum fee shall be considered full compensation for the 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 "Exhibit B-1 ", Supplement to
Attachment B. 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. A summary of current hourly billing rates is provided in Exhibit "B-2". Additional
tasks that may be assigned, not currently in the scope, may be billed and paid on
an hourly basis at the billing rates provided in Exhibit "B-2". No additional tasks
will be performed without prior written authorization from the City of Fort Worth.
D. Professional Services Fee summary is provided in Exhibit "B-3".
E. Total project fees incfuding MWBE participation is provided in Exhibit "B-3A".
II. Schedule
Project Schedule is in Attachment D.
ATTACHMENT "B"
Page 1 of 1
EXHIBIT "B-1"
(SUPPLEMENT TO ATTACHMENT B)
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
METHOD OF PAYMENT
:
•-• �•- �
Method of Payment
Partial payment shall be made to the Engineer monthiy upon City's approval of an
invoice from the Engineer outlining the current labor and expenses of the total
project. The aggregate of such monthly partial fee payments shall not exceed the
following:
1). Upon City acceptance of deliverables specified for Task-1 and draft final report
for inlet pilot, a sum not to exceed 90% of Task 1 fees.
2). Upon final City acceptance of the pilot study report addressing City comments,
a sum not to exceed 100% of Task 1 fees.
3). Upon City acceptance of deliverables specified for Task-2 and draft
documentation of hydraulic and hydrologic assessment of BMPs, a sum not to
exceed 90% of Task 2 fees.
4). Upon final City acceptance of the hydraulic and hydrologic assessment of BMP
report addressing City comments, a sum not to exceed 100% of Task 2 fees.
5). Upon City acceptance of deliverables specified for Task -3 and draft final
guidance document for implementation of credit program, a sum not to exceed
90% of Task 3 fees.
6). Upon final City acceptance of guidance document for implementation of credit
program, a sum not to exceed 100% of Task-3 fees.
7). Upon submission of presentation material for Task-4, a sum not to exceed
100% of Task 4 fees.
8). Partial payment shall be made to the ENGINEER monthly upon City's approval
of progress made on Task 4- �uella Merret Stormwater Detention Facility Study.
The estimated current physical percent complete as required on the invoice shall
be calculated.
II. Progress Reports
EXHIBIT "B-1"
Page 1 of 2
A. The Engineer shall submit to the designated representative of the Director of
the Department of Transportation/Public Works monthly progress reports
covering on tasks.
B. Periodic reports concerning MWBE participation shall be submitted as required
by the MWBE Office.
EXHIBIT "B-1"
Page 2 of 2
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EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT B)
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
PROFESSIONAL SERVICES FEE SUMMARY
The ENGINEER shall be compensated a total lump sum fee of $241,550. 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.
TASK APPROXIMATE FEE
Task 1: Data Analysis and Report of 2 Year Inlet 72 840
Collection S stem Pilot Pro'ect
Task 2: Develop Design Concepts and Provide
Assistance for Installation of Floatables Collectors 52 880
Systems
Task 3: Stormwater Credit Program Services 47 630
Task 4: Additional Services 68 200
SERVICE TOTAL 241 550
EXHIBIT "B-3"
Page 1 of 1
EXHIBIT "B-3A"
(Supplement to Attachment B)
Design Services for
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
1.
Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Brown & Gay Engineers, Inc. Engineering and Project $194,550 80.5%
Management
Proposed MBE/SBE Sub-Consultants
Engineering, SUE & Survey $47,000 19.5%
TOTAL 241550 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
Design Services for 241 550 47 000 19.5%
Inlet Controls, Floatable Collectors,
and Credits for
Stormwater Qualit Mana ement
City MBE/SBE Goal = 19% Consultant Committed Goal = 19.5 %
ATTACHMENT "C"
Inlet Controls, Floatable Collectors and Credits for Stormwater Management
Storm Water Study No. SWS-055
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
ATTACHMENT °C"
Page 1 of 1
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M&C Review
Page 1 of 2
Official site of the City oF Fort Worth, Te�cas
r � ► �,
�OR1'��'ORTIi
COUNCIL ACTION: Approved on 7/9/2013
DATE: 7/9/2013 REFERENCE **C_26321 LOG 20SWMCREDITANDINLETCONTROL
NO.: NAME:
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Brown & Gay Engineers, Inc., in the Amount of
$241,550.00 for Technical Assistance with Managing Trash and Debris in Stormwater
Runoff as weli as Promoting a Program of Credits for Stormwater Quality Management
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with Brown & Gay
Engineers, Inc., in the amount of $241,550.00 for technical assistance with managing trash and
debris in stormwater runoff as well as promoting a program of credits for stormwater quality
management.
DISCUSSION:
The Professional Services Agreement recommended by this Mayor and Council Communication is for
the purpose of helping the City stay compliant with increasingly strict Federal and State regulations
regarding stormwater quality. The services included in the scope of this Agreement include: (1) Pilot
projects to assess the effectiveness of various devices for filtering trash and debris from stormwater
runoff before the runoff reaches the Trinity River and; (2) Developing means of encouraging private
site development practices that improve the quality of stormwater runoff as compared to conventional
practices including educating private developers regarding the City's credit program for implementing
good water quality practices.
A Request for Qualifications (RFQ) for niche expertise areas in Stormwater Best Management
Practices Technologies Evaluation and Implementation and Stormwater Technical Standards and
Policy Guidance was published in the Fort Worth Star-Telegram in November 2011. Twelve firms
provided submittals for these expertise areas. Staff selected Brown & Gay Engineers, Inc., as the
most qualified firm based on published selection criteria. Brown & Gay Engineers, Inc., has
proposed a not-to-exceed fee of $241,550.00 for this contract. Staff considers this fee to be fair and
reasonable for the scope of services. Funding from the Stormwater Utility Fund will be used.
M/WBE Office: Brown & Gay Engineers, Inc., is in compliance with the City's BDE Ordinance by
committing to 19 percent SBE participation on this project. The City's SBE goal on this project is 19
percent.
This contract covers 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 $241.550.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17258&councildate=7/9/2013 9/9/2013
M&C Review
Submitted for City Manager's Office bk
Originating Department Head:
Additional Information Contact:
ATTACHM ENTS
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Ranjan S. Muttiah (7919)
http;//apps. cfwnet.org/council_packet/mc_review. asp?ID=17258&councildate=7/9/2013
Page 2 of 2
9/9/2013