HomeMy WebLinkAboutContract 44650COTY S�CRE`rA� � L ,; �� !
CITY OF FORT WORTH, TEXAS ��NT�►C'� N�°
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Evaluation of
Stormwater Development Review Policies.
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 Evaluation of Stormwater Development Review
Policies.
(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 One Hundred Sixty Four
Thousand, Three Hundred Seventy One ($164,371) 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 ��r'�'�� ���o��
Standard Agreement for Professional Services ��.�y g�G�,�T�R�
P 90 OOf 8 I Release Date: 1/28/2013 ��. �ApT�''��
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Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of six
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 O�cial Release Date: 1/28/2013
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile �iability
$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 Stormwater Management
Division, Attention: Greg Simmons, 1000 Throckmorton, Fort Worth, TX 76102,
prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial 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.
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
PMO Official Release Date: 1/28/2013
Page 4 of 8
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is perFormed.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial 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 of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial Release Date: 1/28/2013
Page 6 of 8
int�rpretation 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: Greg Simmons, P.E.
1000 Throckmorton
Fort Worth, Texas 76102
Consultant:
Freese and Nichols, Inc.
Attn: Kelly Dillard, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial 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.
,� j � 3
Executed and effective this the�=�/��2iay of�-�"� , 20�._
BY:
CITY OF FORT WORTH
�.�l�t�O C�I�
Fernando Costa
Assistant City Manager
Date: r ;� /3
APPROVAL RECOMMENDED:
gy. (,,,) � �
Dougla Wiersig, P.E.
Director, Transportation nd Public
Works
APPROVED AS TO FORM AND LEGALITY
gy: �L'tit �� ���L� �U� )1�� � �[ i��-��1
—Dougtas W. Black „-, <<,, P iit ���_ �c<< �
Assistant City Attorney
ATTEST: �� , �
Mary J.
City Se
BY:
ENGINEER
Freese an Nic ols, In
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Alan Greer, P. .
Principal and Vice-President
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ccy or Fort wortn, Texas �FFICIAL �ECARD
Standard Agreement for Professional Services
PMO Official Release Date: 1/28/2013 I�e'�'� SECFtEYARY
Page S of 8
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ATTACHMENT A
EVALUATION OF STORMWATER DEVE�OPMENT REVIEW POLICIES
SCOPE OF WORK
PROJECT UNDERSTANDING
The City of Fort Worth implemented the iSWM manual in 2006 and made revisions in
2012 including the implementation of a grading permit. As drainage reviews on projects
have become more thorough and frequent over the past several years, city staff and the
development community have encountered difficulty interpreting and enforcing the
standards while navigating the review process. The purpose of this project is to perform
an evaluation of the existing technical standards and policies and to make
recommendations to improve the efficiency and effectiveness of the stormwater
development review processes. This scope of work includes the following tasks:
Task 1 — Project Management
Task 2 — Benchmarking Study
Task 3— Technical Standards Evaluation
Task 4— Review Process Evaluation
Task 5 — Stakeholder Involvement
Task 6— Training Curriculum and Resource Development
Task 7— Report and Documentation
BASIC SERVICES
TASK 1. PROJECT MANAGEMENT
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of
ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate
effectively, coordinate internally and externally as needed, and proactively address issues with
the CITY's Project Manager and others as necessary to make progress on the work.
1.1 Managing the Team
• Lead, manage and direct team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2 Communications and Reporting
• Attend a pre-project kickoff/chartering meeting (City Meeting #1) with CITY staff to
confirm and clarify scope and understand CITY objectives
• Conduct and document bi-weekly project meetings with CITY
• Conduct and document bi-weekly project team meetings.
• Prepare and submit monthly progress reports in the format provided by the
respective CITY Department to accompany monthly invoices.
T:\Contract Docs�2013-OS-31\02 Attachment A- Stormwater Development Review Scope of Work.doc
• Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the CITY of Fort Worth's Schedule Guidance
Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form
at the end of the project.
ASSUMPTIONS
This scope assumes up to sixteen (16) project meetings including nine (9) City
meetings, four (4) steering committee or DAC meetings and three (3) stakeholder
tabletop meetings. The purpose and nature of each anticipated meeting is
specifically identified in the following sections of the scope. The City will assist the
consultant in identifying, assembling and coordinating with the Stakeholder team.
The anticipated meetings are listed sequentially below:
o City Meeting #1 — Project Kickoff and Preparation for Stakeholder Meeting #1
o Stakeholder Meeting #1 — Stakeholder Kickoff — Project intro to DAC
o City Meeting #2 — Evaluation of Technical Standards
o Stakeholder Meeting #2 — Stakeholder Steering Committee Kickoff
o City Meeting #3 — Evaluation of Stormwater Review Process
o Tabletop Meeting with Developers #1, #2, and #3
o City Meeting #4 — Preparation for Stakeholder Meeting #3
o Stakeholder Meeting #3 — Presentation of draft recommended improvements
to Steering Committee
o City Meeting #5 — Debrief from Stakeholder Meeting #3
o City Meeting #6 — Preparation for Stakeholder Meeting #4
o Stakeholder Meeting #4 — Presentation of final recommended improvements
to DAC
o City Meeting #7 — Draft Report Review
o City Meeting #8 — Preparation for City Training
o City Meeting #9 — Preparation for Developer Training
DELIVERABLES
A. Meeting summaries with action items
B. Monthly progress reports
C. Baseline project schedule
D. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
E. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. BENCHMARKING STUDY
The purpose of this task is to identify peer cities for comparison and conduct interviews to obtain
information relative to the stormwater development review program such as technical criteria,
review process, review timelines, workload volume, staffing levels, and overall policies.
T:\Contract Docs�2013-OS-31\02 Attachment A- Stormwater Development Review Scope of Work.doc 2
2.1 Peer City Interviews
• Up to five (5) communities will be included in the benchmarking study. FNI will
develop a list of prospective communities and coordinate with the City and
Stakeholders to finalize the list at Stakeholder Meeting #1. FNI will contact
prospective communities and request their participation in the study. Local
interviews will be done in person and out-of-state interviews by phone.
• FNI will develop a draft list of interview questions for the peer cities. FNI will
coordinate with the City and Stakeholders to refine the interview questions and
develop a final list of questions.
• FNI will schedule and conduct interviews with the selected communities based on
the final list of interview questions.
• FNI will interview City staff to compare benchmarking practices with current City of
Fort Worth practices.
2.2 Interview Documentation
FNI will document the results of the interviews in a technical memorandum. The
memorandum will draw comparisons between Fort Worth and the peer cities. Text
responses to interview questions will be included as an attachment.
The results of the Benchmarking Study will be presented at a City meeting and at a
Stakeholder meeting.
DELIVERABLES
A. Technical memorandum summarizing result of benchmarking study. Memorandum
will include a recommendation of Best Practices from other communities that should
be considered for adoption by the City.
TASK 3. TECHNICAL STANDARDS EVALUATION
FNI will perform an evaluation of the existing technical standards including the Stormwater
Design Criteria Manual and applicable ordinances and make any necessary recommendations
for improvements in clarity and applicability. These recommendations will incorporate input
from City Staff and multiple Stakeholders.
3.1 Technical Standards Evaluation
FNI will review and evaluate the City of Fort Worth iSWM Criteria Manual for Site
Development and Construction, August 2012, with a focus on �ocal Provisions
added by City of Fort Worth.
FNI will review the City of Fort Worth Floodplain Development Permit, Flood Damage
Prevention Ordinance, the Subdivision Ordinance and Grading Permit. Any potential
conflicts with the existing iSWM Criteria Manual, Floodplain and Subdivision
Ordinances, and Grading Permit will be identified and a recommended response will
be provided.
3.2 City Meeting #2 — Technical Standards Evaluation
T:\Contract Docs�2013-0531\02 Attachment A- Stormwater Development Review Scope of Work.doc
• FNI will meet with City of Fort Worth staff to discuss existing technical standards and
understand any perceived or actual deficiencies. FNI will identify common
development application concerns and variance requests. It is expected that this
meeting will last no longer than 3 hours.
3.3 The following issues are anticipated to be investigated related to the technical standards:
� Criteria related to infill development
• Clarification/Definition of Adverse Impacts
• Downstream Assessments
• Regions/Special Zones of Influence
• Conflicts between iSWM criteria and Floodplain and Subdivision ordinance
• Categorization of review standards and/or design requirements for new development
and redevelopment
• Development in levee and/or sump areas
• Level of detail by development stage and for submittals
• Review process for simple land title transfer
3.4 Recommendations for Technical Standards
• In response to the issues identified through the Technical Standards Evaluation, FNI
will develop recommendations of suggested improvements to the City of Fort Worth
Stormwater Technical Standards. FNI will recommend changes to clarify
requirements and to limit variance request necessity.
DELIVERABLES
A. Technical memorandum summarizing key issues with existing technical standards
and recommended improvements to standards and/or modifications to ordinances.
TASK 4. REVIEW PROCESS EVALUATION
FNI will perform an evaluation of the existing development review process for stormwater and
make any necessary recommendations for improvements.
4.1 City Meeting #3 — Stormwater Review Process
• FNI will meet with City of Fort Worth staff, including IPRC and City's review
consultant, Halff Associates, to discuss the existing stormwater development review
process, plat process, and the role of drainage reviews for platting and property
ownership transfer. The goal of the meeting will be to identify any perceived or actual
deficiencies. It is expected that this meeting will last no longer than 4 hours.
4.2 The following issues are anticipated to be investigated related to the stormwater review
process:
• Maximizing efficiency of Permits Plus software currently in use, and scheduled for
upgrade, by the City.
• Cursory review to assess application completeness (questions and timing)
• Number of reviews
• Information required at each review
T:\Contract Docs�2013-OS-31\02 Attachment A- Stormwater Development Review Scope of Work.doc 4
• Existing checklists
• Review processes and procedures for communicating comments and responses
• Timeline for completing reviews
• Appropriate stafF levels for review workload
• Grading permit process
• Consistency and repeatability of review process
• Communication and coordination with the development applicant during the review
process.
4.3
Recommendations for Review Process
Based on the issues identified through
develop recommendations of suggested
stormwater development review processes.
the Review Policy Evaluation, FNI will
changes to the City of Fort Worth
DELIVERABLES
A. Technical memorandum summarizing key issues with existing stormwater
development review processes and recommended improvements
TASK 5. STAKEHOLDER INVOLVEMENT
FNI will work with stakeholder team identified in TASK 1, to be comprised of City staff and
representatives from the Development Advisory Committee (DAC) and the development
community to exchange information and build consensus during the course of the project. It is
expected that a volunteer steering committee from the Fort Worth Development Advisory
Committee will represent the development community, and no further development
representation witl be sought by FNI. FNI will prepare for, conduct, and document stakeholder
meetings as follows:
5.1 Stakeholder Meeting #1 — This meeting will serve as an information gathering and
guidance meeting with DAC to introduce the project and to confirm the direction and
content of the proposed project. In this meeting, the City Stormwater Staff and FNI will
communicate the study objectives and schedule
5.2 Stakeholder Meeting #2 — This meeting will serve as a project kickoff for the stakeholder
steering committee. It will be an opportunity for FNI to understand and document the
known issues or deficiencies from the development community related to the technical
standards and the development review process. The meeting will review results from
the Benchmark Survey, and will review content for the online survey and the Tabletop
Meetings.
5.3 Stakeholder Meeting #3 — This meeting will occur after FNI has developed draft
recommendations for improvements to the technical standards and review processes.
FNI will present the result of the benchmarking study at this meeting. In addition, FNI
will present the present the recommended improvements to the technical standards and
review process and obtain feedback from the development community. Following this
meeting, FNI and the City will incorporate the development community feedback into the
recommendations.
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5.4 Stakeholder Meeting #4 — The purpose of this meeting is to present the final
recommendations to the development community through the DAC, communicate
timelines for implementing recommended improvements, and identify training needs.
5.5 Stakeholder Preparation Meetings with City — Before each meeting, FNI will meet with
City to prepare for stakeholder meetings including review of agenda and meeting
materials. Three (3) stakeholder preparation meetings are included in this task (City
Meetings #1, #4, and #6).
5.6 Stakeholder Debrief (City Meeting #5) — After Stakeholder Meeting #3 only, FNI will meet
with the City to review and critique the stakeholder meeting. It is expected that
development community will have suggestions for revisions to the recommendations. It
will be necessary to meet with City staff to discuss and take action on suggested
revisions.
5.7 Tabletop meetings with Developers #1, #2, and #3 — FNI will conduct three (3) tabletop
meeting sessions at FNI Fort Worth Offices that will last four (4) hours each. During
these meeting times, the Project Team will be available to interact with stakeholders,
engineers, developers, architects, and interested parties to gather input before draft
recommendations are made. The CITY will provide contact information for invitations to
Tabletop Meetings.
5.8 FNI will prepare and distribute appropriate meeting materials before each meeting so
that meeting participants have time to review materials beforehand. The goal is for
meeting time to focus on obtaining input and making decisions to the extent possible.
5.9 FNI will prepare and tabulate a local on-line survey that will be sent out by the City to get
on-line input from stakeholders
DELIVERABLES
A. Meeting materials including handouts and agendas
B. Meeting minutes with action items
TASK 6. TRAINING CURRICULUM AND RESOURCES DEVELOPMENT
In consultation with CITY staff, FNI will prepare for and conduct two (2) training courses. One
course will be conducted for City staff, and one course will be conducted for the development
community. FNI will perform the following tasks for each course:
• Prepare draft course materials including PowerPoint presentations, handouts, and
course syllabi.
• Meet with City to review and finalize course materials. (City Meetings #8 and #9)
• Make arrangements for course at FNI's office. The City will be responsible for
identifying and notifying training participants.
� Conduct 4-hour training course on recommended changes to the City's iSWM criteria
and review process at FNI's office. FNI will provide meeting materials, refreshments,
and course feedback forms.
� FNI will record the training courses and make videos and course materials available
to post on City website for future on-demand training.
T:\Contract Docs�2013-OS-31\02 Attachment A- Stormwater Development Review Scope of Work.doc 6
DEL.IVERABLES
A. Course materials including presentations, handouts, and agendas
B. Digital recordings of training sessions
TASK 7. DOCUMENTATION AND REPORT
7.1 Prepare a draft report that incorporates the interim deliverables from Task 2—
Benchmarking Study, Task 3— Technical Standards Evaluation, Task 4— Review
Process Evaluation and Task 5— Stakeholder Involvement. The report will include an
executive summary of the findings, key issues and recommendations. Meeting minutes
from all meetings will be included in the appendix. Deliver PDF copy of draft final report
for City review.
7.2 Meet with City to review draft report (City Meeting #7). Based on CITY review and
comments, prepare a final report.
7.3 Deliver one electronic PDF copy of the final report to the CITY.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by the
City, which are not included in the above described basic services, are described as follows:
1. Additional City and/or Stakeholder Meetings beyond number of ineetings defined
2. Additional Training Courses that FNI would participate in with City or City's
consultants
3. Providing On-Call Training at Fort Worth City Hall offices
4. Making formal revisions to the ordinances or criteria manual beyond identifying the
changes
5. Attendance at City Council Meetings, Developer Advisory Committee Meetings, or
other audiences for briefings or presentations of the study results
TIME OF COMPLETION:
FNI agrees to complete the services within six (6) months from the notice to proceed.
IF FNI's services are delayed or suspended in whole or in part by CITY, or if FNI's services are
extended by the Contractor's actions or inactions for more than 90 days through no fault of FN1,
FNI shall be entitled to equitable adjustment of rates and amounts of compensation.
T:\Contract Docs�2013-OS-31\02 Attachment A- Stormwater Development Review Scope of Work.doc %
ATTACHMENT "B"
EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES
COMPENSATION AND PAYMENT SCHEDULE
A. The Engineer shall be compensated a total project fee of $164,371.00, on
a time and materials basis for hours actually worked on the project at the
rates shown on the attached compensations schedule. Payment of the
hourly fees shall be considered full compensation for the Basic 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. Additional tasks assigned by the CITY not included in Attachment "A"
Scope of Services will be billed on an hourly basis. These tasks will not
be performed without written authorization from the CITY. A summary of
current hourly billing rates is provided in Exhibit "B-2".
L�
0
F
Professional Services Fee summary is provided in Exhibit "B-3".
A Summary of Total Project Fees including SBE participation percentages
is provided in Exhibit "B-3A".
A schedule of partial submittals for review will be based on the Project
Schedule Attachment "D" and is as follows:
Proiect Phase
Draft Recommendations
Final Recommendations
Training Course
Estimated Completion Date
July 2013
August 2013
October 2013
ATTACHMENT "B"
Page 1 of 1
EXHIBIT "B-1"
(SUPPLEMENT TO ATTACHMENT B)
EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES
CITY PROJECT NO.
METHOD OF PAYMENT
&
PROGRESS REPORT REQUIREMENTS
I. Method of Payment
m
Partial payment shall be made to the Engineer monthly based on hours actually
worked, 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:
Project Phase
Benchmarking Study
Process Evaluation
Stakeholder Involvement
Report
Training Curriculum
Estimated Project Percent Complete
30%
50%
75%
90%
100%
The balance of fees for the time and materials expended on the project, less
previous payments, shall be payable after delivery of the FINAL report and
electronic files.
Progress Reports
A. The Engineer shall submit to the designated representative of the Director of
the Department of Transportation/Public Works monthly progress reports
covering all phases of the analysis in the format required by the City.
B. Periodic reports concerning MWBE participation shall be submitted as required
by the MWBE Office.
EXHIBIT "B-1"
Page 1 of 1
EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIEES
HOURLY RATE SHEDULES
A summary of current hourly billing rates is provided below:
CAD Technician/Designer - 1
CAD Technician/Designer - 2
CAD Technician/Designer - 3
Construction Manager - 1
Construction Manager - 2
Construction Manager - 3
Construction Manager - 4
Corporate Project Support - 1
Corporate Project Support - 2
Corporate Project Support - 3
Intern/ Coop
Professional - 1
Professional - 2
Professional - 3
Professional - 4
Professional - 5
Professional - 6
95
123
151
89
115
135
170
90
109
145
55
111
134
152
175
205
234
Technology Charge
: �
EXHIBIT "B-2"
Page 1 of 1
EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT B)
EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES
PROFESSIONAL. SERVICES FEE SUMMARY
Task Descri tion Fee
1 Pro'ect Mana ement and Meetin s $34,076
2 Benchmarkin Stud $16,565
3 Technical Standards Evaluation $13,350
4 Review Processes Evaluation $14,325
5 Stakeholder Involvement $34,730
6 Trainin Curriculum and Resource Develo ment $40,570
7 Re ort and Documentation $10,755
Total Fee $164,371
EXHIBIT "B-3"
Page 1 of 1
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES
SUMMARY OF TOTAL PROJECT FEES
Consultinq Firm Prime Responsibility Amount Percent
PRIME ENGINEER:
Freese and Nichols, Inc.
SUB ENGINEER:
Open Channels Group
Engineering and Project Mgmt. $140,371
Meetings and Training Courses $24,000
85.4%
14.6%
Total for Professional Services $164,371 100%
SUB ENGINEER. shall participate in performing portions of the following Tasks:
Project Description Scope of Services Total Fee MWBE Fee Percent
Meeting Assistance Task 1
Training Resources Task 6
$34,076 $ 4,200 12.3%
$40,570 $19,800 48.8%
Non-MWBE Participation Scope of Services Total Fee Non-MWBE Fee Percent
N/A
N/A
N/A N/A
N/A
EXHIBIT "B-3A"
Page 1 of 1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Professional Services for
Evaluation of Stormwater Development Review Policies
None.
<List any changes to the Standard Agreement>
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
city of Fort worth
, Stormwater Development Review Project Schedule
Fri 5/17/13
ID Task Task Name Duration Start Finish 7'13 A r 28 '13 Ma 19 '13 Jun 9'13 Jun 30 '13 Jul 21 '13 Au 11 '13 Se 1'13 Se 22 '13 Oct 13 '13 Nov 3'13 Nov 24 '13 Dec 15 '13 Jan 5'14 Jan 26 '1
$� Mode S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T
1 � �> Project Kickoff - City 0 days Thu 5/9/13 Thu 5/9/13 5/9 Pr ject Kickoff - City Meeting #1
Meeting #1
2 `4> Benchmarking Study 25 days Thu 5/9/13 Wed 6/12/13
3 `� Identify peer cities and 5 days Thu 5/9/13 Wed 5/15/13 -' Identify peer cities and questions
questions I
4 ``�> Conduct Interviews 15 days Thu 5/16/13 Wed 6/5/13 1- Conduct Interviews
5 "�> Document 5 days Thu 6/6/13 Wed 6/12/13 " � Document Benchmarking Study
Benchmarking Study
6 °�; Prepare for Stakeholder 5 days Thu 5/9/13 Wed 5/15/13 �}; repare for Stakeholder Meeting #1
Meeting #1
7 � �; Stakeholder Meeting #1 0 days Mon 5/20/13 Mon 5/20/13 5/20' Stakeholder Meeting #1(DAC)
_ (DAC) I �
8 `�> Technical Standards 10 days Mon 5/20/13 Fri 5/31/13 Technical Standards Review
_ Review �
9 �� City Meeting #2 - 0 days Fri 5/31/13 Fri 5/31/13 ' S/31 City Me�ting #2 - Technical Standards
_ Technical Standards �
1� ��> Develop 10 days Mon 6/3/13 Fri 6/14/13 �J Develop Recommendations for Technical Standards
Recommendations for
Technical Standards
11 � ``�, Stakeholder Meeting #2 0 days Thu 6/13/13 Thu 6/13/13 6/13 � takeholder Meeting #2 (Steering Committee Kickoff)
(Steering Committee
Kickoff)
12 `�> City Meeting #3 - Review 0 days Fri 6/14/13 Fri 6/14/13 6/14 City Meeting #3 - Review Existing Process and Results of Benchmarking Study
Existing Process and
Results of Benchmarking
Study
13 � `-4`�> Developer Table Top 0 days Tue 6/18/13 Tue 6/18/13 6/18 Developer Table Top Meeting
Meeting
14 � �; Developer Table Top 0 days Tue 6/25/13 Tue 6/25/13 6/ 5� Developer Table Top Meeting
Meeting
15 � �, Developer Table Top 0 days Mon 7/1/13 Mon 7/1/13 7/1 � Developer Table Top Meeting
Meeting
16 � �> Develop 10 days Tue 6/18/13 Mon 7/1/13 ; Develop Recommendations for Review Process
Recommendations for
Review Process
17 � '�> City Meeting #4 - Prep for 0 days Tue 7/2/13 Tue 7/2/13 7/2 City Meeting #4 - Prep for Stakeholder Meeting #3
Stakeholder Meeting #3
Task Project Summary b- Inactive Milestone . Manual Summary Rollup ��--� Deadline 3�
Project: 2013-05-17 development Split . .. . . .. . ... . ... . External Tasks � -_- -- ---- — ' Inactive Summary �' J Manual Summary Progress
Date: Fri 5/17/13 Milestone ♦ External Milestone 0 Manual Task � Start-only C
Summary Inactive Task Duration-only Finish-only ]
Page 1
, City of Fort worth
� Stormwater Development Review Project Schedule
Fri 5/17/13
ID Task Task Name Duration Start Finish 7'13 A r 28 '13 Ma 19 '13 Jun 9'13 Jun 30 '13 Jul 21 '13 Au 11 '13 Se 1'13 Se 22 '13 Oct 13 '13 Nov 3'13 Nov 24 '13 Dec 15 '13 Jan 5'14 Jan 26 '1
k� Mode S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T
18 `�> Prepare for Stakeholder 5 days Tue 7/2/13 Mon 7/8/13 -- Prepare for Stakeholder Meeting #3
Meeting #3 �
19 "�> Stakeholder Meeting #3 - 0 days Mon 7/8/13 Mon 7/8/13 7/8 Stakeholder Meeting #3 - Present Results of Benchmarking Study and Draft Recommendation (Steering Committee)
Present Results of
Benchmarking Study and
Draft Recommendations
(Steering Committee)
2� `�> City Meeting #5 - Debrief 1 day Tue 7/9/13 Tue 7/9/13 City Meeting #5 - Debrief Stakeholder Meeting #3
Stakeholder Meeting #3
Z1 "�> Revise Recommendations 15 days Wed 7/10/13 Tue 7/30/13 - - Revise Recommendations
2z `�> City Meeting #6 - Prep for 0 days Tue 7/30/13 Tue 7/30/13 7/30 City Meeting #6 - Prep for Stakeholder Meeting #4
Stakeholder Meeting #4
23 ��; Prepare for Final 5 days Wed 7/31/13 Tue 8/6/13 - Prepare for Final Stakeholder Meeting
Stakeholder Meeting
24 �"�> Stakeholder Meeting #4 - 0 days Tue 8/6/13 Tue 8/6/13 8/6 Stakeholder Meeting #4 - Present Final Recommendatians (DAC)
Present Final
Recommendations (DAC) .
25 � �> Prepare Draft Report and 9 days Wed 8/7/13 Mon 8/19/13 =-- Prepare Draft Report and Identify Training Needs
Identify Training Needs
26 `�> Submit Draft Report 0 days Mon 8/19/13 Mon 8/19/13 8/19 �Submit Draft Report
27 `�> City Review and 7 days Tue 8/20/13 Wed 8/28/13 � City Review and Comment
_ Comment �
z8 � City Meeting #7 Report 0 days Wed 8/28/13 Wed 8/28/13 8/28 City Meeting #7 Report Review
_ Review �
29 `�> Address comments 2 days Thu 8/29/13 Fri 8/30/13 �� Address comments
30 `�> Submit Final Report 0 days Fri 8/30/13 Fri 8/30/13 8/30 �Submit Final Report
31 `�> Develop Training 20 days Mon 9/2/13 Fri 9/27/13 ��� � Develop Training Materials for City
Materials for City 1
3z `�> Meeting #8 - City Training 0 days Fri 9/27/13 Fri 9/27/13 9/27 '�Meeting #8 - City Training
�
33 '�, Prepare for City Training 20 days Mon 9/30/13 Fri 10/25/13 �i_ ��Prepare for City Training
34 '�> Conduct City Training 0 days Fri 10/25/13 Fri 10/25/13 10/2� Conduct CityTraining
Task � Project Summary � Inactive Milestone ��� Manual Summary Rollup ----- - Deadline �
Project: 2013-05-17 development Split . .. . . . .. . .. . .. . . External Tasks ' ' Inactive Summary �..' � Manual Summary Progress
Date: Fri 5/17/13 Milestone ♦ External Milestone t� Manual Task Start-only C
Summary Inactive Task Duration-only Finish-only ]
Page 2
F't7►RT V�ORTH
�•
PROJECT Blt? NUMBER
(Please check one)
MinoritylWomen Business Enterprise Office
LETTER OF 1NTENT TO PERFORM AS A SBE SUBC�NTRACTORISUBCONSULTANT
[NOTE; Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE flrms participating under ihe Ordinance must be certiFled
prlor to recammendation of award in order to ba caunted towards subcontracting participa�on, A Smail Bus(ness Enterprise (SBE) is defined as a
business concern locafed 1n the markefpiaae that meets the Unites States Smail Business AdministraElon definition of a small business as
outiined in the code of Federal Regulation 13 GFR 121. Firms certifled as a pisadvantaged 8usiness Enterprise (DBE) also meet small
buslness enterprtse requirements.]
1. Name of �ro�ect _ Evaluation of Stormwater Development Review �olicies
2. Nama of OfferodPrime contractor Freese and Nichols Inc.
3. The undersigned is prepared to perform the following described work and/or supply the materiai listed in �onnection with the
above project (where applicable specify °supply" or "install" or both):
I. Training Sessions (Up to four�
il. Graphic Design
Twenty four thousand dollars at the price of $ z4,000 ,
Open Channels Group, Inc. May 7, 2013
(Name oP S Flrm) {qate)
��
Clrcle one (Owner/A thorized Agent of SBE fir ) Type or Print Name (Signature of Owner nr Authorized Agent of SBE firm)
'�uta��o�.�,�r�,�'� �i'��`e�SalrC�►�-P•Cc�� �t'i r �3�--b�(7-i'�'E'� �Jb?j
(Email Address to appear on Listings provided by th SE fice) (Offlce and Fax Numbers) �
AFFIDAVIT OF OfferorlPrime CONTRACTOR
I HEREBY bECLARE AND AFFIRM that I, John Dewar am the duly authorized representative of
Circle one (qwnedAuthorized Agent)
Freese and_Nichols, Inc, and that I have personally revlewed the maferlal and
Name of Prime Contractor
facts sei forlh in this l.etter of Intent to Perform, To ihe best of my knowledge, In%rmal(on and belief, ihe facts in this form are irue, and no
materlal facts have been omilted,
Pursuant to the City of Fort Worth Business Divers(ty �nterprise Ordinance, any persan [entity] who makes a false or ftaudulent
statement in connection with participation of a SB� in any City of Fort Worfh contract may be referred for debarment procedures
under the City of Fort Worlh Business Diversi#y Enterprise Ordinance,
I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true
and correct, and that I am authorized on behalf of ihe Prime Contractor to make the affidavit.
John Dew
Circl wner Authorized Agent) Type or Print Name
(5ign ture of Owner or Authorized Agent)
817.735.7300
(Office Number)
Freese and Nichols Inc,
(Name of Prime ontractor•Print or Type)
.�I� t�
{Date)
817.735.7491
(Fax Num6er)
6/1/2012
M&C Review
CITY COUNCIL AGENDA
Page 1 of 2
Official site of the City of Fort Worth, Texas
FoR-r�'�'oRrii
_`�'_-
L--= -- ���-�_. _� — _—�- — _- :_ _ -- ��, � _ _ _
COUNCIL ACTION: Approved on 7/9/2013 - Ordinance No. 20793-07-2013
DATE: 7/9/2013 REFERENCE
NO..
CODE: C TYPE:
**C-26322 NAME:
CONSENT PUBLIC
HEARING:
20SWMDESIGNSTANDARDREVIEW
NO
SUBJECT: Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in
the Amount Not to Exceed $164,371.00 to Review and Improve the City's Drainage Design
Standards and Review Process, Increasing Appropriations in the Stormwater Utility Fund in
the Amount of $164,371.00 and Decreasing the Available Cash Balance by the Same
Amount and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the
Stormwater Utility Fund in the amount of $164,371.00 decreasing the available cash balance by the
same amount; and
2. Authorize the execution of a professional services Agreement with Freese and Nichols, Inc., in an
amount not to exceed $164,371.00 to review and improve the City's drainage design standards and
review process.
DISCUSSION:
The purpose of the Professional Services Agreement recommended by this Mayor and Council
Communication is for the review and improvement of drainage design standards and the associated
process for evaluating new development projects for compliance with the standards. The current
standards and review process have been in place since 2006. Based on the experience of the past
seven years, it is clear that there will be significant benefit to developers and the City as a whole to
clarify and revise the standards as appropriate and to identify and implement improvements to the
design review process.
Freese and Nichols, Inc. (FNI), will design and lead this process. This initiative will involve heavy
stakeholder input to achieve a consensus on the improvements to be implemented. Additionally, it
will include a benchmarking study to compare Fort Worth's design standards and review process to
those of five comparable cities. The overall goal of the initiative is to make the City's drainage
requirements and review process as clear and efficient as possible while still ensuring that an
appropriate level of review is conducted to keep new development projects from creating new
drainage problems.
In 2011, the Transportation and Public Works Department, Stormwater Management Division
published a Request for Qualifications (RFQ) for various technical services associated with drainage
engineering, including services to evaluate and revise drainage design standards. FNI was selected
as the most qualified engineering consultant for this service. FNI proposes to perform this work on an
on-call, time and materials basis for a fee not to exceed $164,371.00. Staff considers that to be fair
and reasonable for the scope of services involved in this Agreement.
M/WBE Office: Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by
committing to 15 percent SBE participation on this project. The City's goal on this project is 15
percent.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18567&councildate=7/9/2013 07/16/2013
M&C Review
The project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
Page 2 of 2
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached supplemental ordinance, funds will be available in the
current operating budget, as appropriated, of the Stormwater Utility Fund. Upon approval, the
available cash balance of the Stormwater Utility Fund will exceed the minimum reserve as outlined in
the Financial Policy Manual.
TO Fund/Account/Centers
1) PE69 531200 0209207 $164.371.00
FROM Fund/Account/Centers
2) PE69 531200 0209207 $164,371.00
Submitted for Citv Manaqer's Office bv:
Oriqinating Department Head:
Additional Information Contact:
ATTACHMENTS
20SWMDESIGNSTANDARDREVIEW A013.doc
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Greg Simmons (7862)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18567&councildate=7/9/2013 07/16/2013