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HomeMy WebLinkAboutContract 44854 (2)CITY OF FORT WORTH, TEXAS - �- ,�. � ` 1�` � 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 Page 1 of 8 C� ` � � � �' �' l"�11 � %1 �� ■ t i � �: •:. f";�C�I\��D S�P � � �l� I� ° Article III � �u 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 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: 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. �! �"�- da o��'� 20 � Executed and effective this the � y__��, � BY: BY: CITY OF FORT WORTH ENGINEER Brown & Gay Engineers, Inc. , ,�1 ���-�"U ��i'--;� � Wm. D. (Doug) Dillon Sr. Vice President Date: ��.Z 3 �/,3 APPROVAL RECOMMENDED: Usr ;� � By:_� Dougl� Departme ��� L� W. Wiersig, P.E. of Transportation APPROVED AS TO FORM AND LEGALITY : Public Works �l�/�3 �e a � ,,,�i,rlrc rn.K.-�� 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 Page 8 oi 8 C�1'. (..1 �_�•- � ��, � -�.��'==�. ��; : �. ; :: � .. � h�.: _.. rt Date: Ci� �f - �`.� ` ���'i 'b nn&c No.: c- Zc� 32 I � i r , I • �.. 4 i � �, ' � 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 2 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 �? 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. 5 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 C N � N O1 N C m � � .� 7 Q N N 3 E a� Z `o s p iq v o ° `o m mN dQ aNi �u d maW�zc c'ci's �ociAUU a x�� c'a` Q W wp a,�u o � Q i � � o J Fa- N O U m a m m 0 � N O C O U d c E y - o !- � 'v'� - 3m - u E m � - x� UQwa C N E � m m c m � T :� 7 d N A 3 E ;, z � d� '= o � a��`o my y"- d Q w � v aw"'v c �m � mc r "GJ o�� �� a� w� p�aU `o�ayiui � � � ° J F- u�i 0 U m a A m 0 LL N O C O U m c E � �= i �m ¢ ti Em� o�a� C)¢t'�ia c � � C � T .� Q N N 3 d Z `o t � N vo°`o �a�N aw�= � m d ` o�cnV w�m� O, � O � Q ` � (n O J FQ^ N O U � m O LL N O O U d G � � N f �� F E S ¢ N r w m i(q 3 � S — Z in 3 � sa; � « n n �U 1= x F � E a �n " � ' O pN O U (n W � (A y �EBd 3 a` a �� m w `o ^� � - N W a`� 6'p n � � - - o � m � �a � Q U � - - `m m � m H a ` �3 0 9 E m n= � c m — o Ea o 'm�Jm ci,_" m in � Eo � N o U> _�E�, N d L� � a _ _ ` N - _- � _ m'� � _ E __ y E 2 _ _ _ x � E `m Q `m _ _ _ _ L `' o t� w -� N �3 x �_- �- 3 � v� � - � s L rn L `j z i e� N m c c�i H m - �`a -; m Q � R = m s m o_ � E _ ' m g3� 0 3mm o3�ma3� _ � a uE` - c �m'^ mi=�` o um-c-- m�co E -.. 3F_s i`LUaO-g c-�vU � ��^�'c omnEo= E �.om`mUi�ci��F>3-,�-,"'�`.�aEm SEA ¢-`mc(7tN" cJ= �(E'�J o c� � a`(�aU E• � ¢ - L ' � _ 3 O _ - n a � v o i � � _ 3 ' « v " w E ` '^ 0 ¢ E o — E r s U = � o K � � � F F � o � � I E 3 � V E $ Ti m � — ¢> — p w _ P; NN � Q — 3 Z FM c1 m c) M E N � Q H j 3m � a E m � sQdSa C d � d � N C N � � .� � Q N N 3 E � Z o '� O N v��`o A Y y '� dQ m �fn,u O.w V cac Nm Z �c � °1UV w� ° cu O �R `o � o � �y o J F N O U w a m m 0 LL N O C O U w c E y �o a F- � 3m ¢ �i Em0 ��a0 U¢dSa 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 ;1a� � � � ,�� a e o � � N Q ' � N � � � I � � ..... . ... ... ..... '. ...'.___ . ..""....... :� ........ .................... ; �.. . ....... .. .. ... .... ........... ...............,.........1 ��-a-� I o ai � � ; ..._.._. ... .... ... __...._.. . . --�- .: ---� - - - - - . .. ....._ __.i ..___.I " � a a o I . : , , , ' , {- , r j� . 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I � I � I �_�—;--�� �_ I'— I I� �� m-�- � r � i i � �� �� � � �� �.. � N �<'l �V �v� �t� I N �� IN IN N � 0 - ao 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