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HomeMy WebLinkAboutContract 44381 (2)ct�v S�CR�TA�YL•L ,� CITY OF FORT WORTH, TEXAS C��CT NOo I � STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and AECOM Technical Services, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Flood Warning System Study. 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 the Flood Warning System Study. (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 $327,000.00 (Three Hundred and Twenty Seven Thousand Dollars and No Cents) 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 ConsultanYs 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 I Q��I�'j�,A` �lE'cOR6v I Standard Agreement for Professional Services � Pg0 O of S I Release Date: 1128/2013 I�li� S�CRR�1'AR� � ; FT. Yk�ORTH, �'X � RECEIV�D �PR 22 Z�i3 Article III I�i- �ii Unless terminated pursuant to the terms herein, this Agreement shali be for a term of 12 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 W orth, 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 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 Transportation and Public Works Department, Attention: Amy Cannon, 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 PMO Official 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. 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 W orth, 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 W orth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 iriterpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Transportation and Public Works Amy Cannon 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: AECOM Technical Services, Inc. Attn: Zubin Sukheswalla 16000 Dallas Parkway, Suite 350 Dallas, TX 75248 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 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. Executed and effective this the���4� day o�'L�-t' , 2013. BY: CITY OF FORT WORTH ...:� L�� Fernando Costa Assistant City Manager Date: ¢ !9 /3 BY: ENGINEER AECOM Technical Services, Inc. i Don D'Adam Vice President Date: 04/10/2013 APPROVAL RECOMMENDED: �� �-- ,�? � c.�. � By: Dougl� Wiersig Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY M&C No.: C`�-(� ( 0 g By: �'� YYt - �G� M&C Date: 2 I I�� 13 . v� r � h� r'1- k re. }� Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services PMO O�cial Release Date: 1/28/2013 Page S of 8 r � FFICIAL RECORp �ITY SECRE�'AFdY U'�u V.�CO��y �� ATTACHMENT "A" PROFESSIONAL SCOPE OF SERVICES FLOOD WARNING SYSTEM STUDY STUDY NO. SWS-043 Background and Goals The City of Fort Worth has a long history of severe flooding as early as 1949 when the Trinity River in Fort Worth broke through its levees and spilled floodwaters into the city's commercial, industrial and residential districts. An estimated 11 inches of rain had fallen overnight on the Clear Fork's watershed southwest of the city. In the recent past, the City has experienced severe urbanized flooding in several areas of the City with aging infrastructure. Over the recent years, the City's Storm Water Management (SWM) program has launched several initiatives to identify the causes of the localized flooding and create solutions to address them. Recognizing that some of these initiatives will take several years to produce tangible benefits, the SWM staff has expressed a need to modify their current High Water Warning System (HWWS) and convert it to a fully functional Flood Warning System (FWS). The City envisions a state-of-the-art FWS that is capable of anticipating hazard to life and property in advance of storm events occurring and having a flood response mechanism in place to notify and alert City and emergency personnel and citizens in flood prone neighborhoods. Furthermore, in the process of the creating the FWS, the City envisions fulfilling the following several high priority needs: 1. Providing hydrologic characteristics of the watersheds. 2. Estimating flood loss potentials. 3. Identifying modeling needs in areas not currently identified by the City. 4. Preparing a cost-benefit analysis for areas requiring passive flood protection measures (eg. flood walls, relief structures, relocation, etc.) 5. Identifying long term hardware and software maintenance costs. 6. Estimating data transmission needs. 7. Planning for adequate data processing capabilities. 8. Prepare a phasing schedule for implementation of the FWS. 9. Provide integration with the City's GIS system. General Approach AECOM is very pleased to assist the City's SWM staff in this important project and proposes a two-phase approach to accomplish the several goals and priorities of this project. Phase I of the project will help the City identify their current capabilities, current technology, and provide a road map of the steps involved in implementing the FWS system. Phase II of the project would provide a recommendation of the final FWS system and the critical needs to acquire and implement the system. Phase II of the project will also include services that the City may require in supporting the post- implementation period of the FWS. Study Progress AECOM commenced work on Phase I tasks for this Study in October 2010. Phase I tasks included a Needs Assessment of the City's current flood warning needs based on the current HVWVS infrastructure and capabilities. It also included the development of a more modern interface to the City's HVWVS webpage that provides better data viewing opportunities and forward compatibility with data integration in to the City's GIS system. The final report for the Phase I Study was delivered to the City in September 2011. The following tasks represent Phase II tasks for this Study and follow a numbering sequential to the Phase I Scope of Services Task numbering. ATTACHMENT "A" PROFESSIONAL SCOPE OF SERVICES 4 Existing Systems Review/Coordination An existing system analysis shall be performed to supplement the Needs Assessment Report prepared as part of Task 1. The existing High Water Warning System (HWWS) analysis shall consist of analyzing the City's HWWS network as well as networks owned and operated by local regional agencies and adjoining communities. 4.1 City of Fort Worth systems 4.1.1 Identify coverage area, reliability, and licensing of existing communication networks 4.1.1.1 Meet with City staff to identify communication networks for the existing HWWS/LWC (discussed with SWM staff in 2.1.1.1) 4.1.1.2 Meet with Public Works and other City departments to discuss communications networks and to collect current flood response plans. 4.2 Identify adjacent FWS systems 4.2.1 National Weather Service (NWS): Meet with the local NWS staff to discuss and obtain information on the following aspects of their system • Location of Radar • Location and type of field sensors • Available forecast products • Data/warning dissemination methods 4.2.2 U.S. Army Corps of Engineers (USACE): Meet with the local USACE staff to discuss and obtain information on the following aspects of their system • Location and type of field sensors • Coverage area, reliability, and licensing of communication network • Available forecast products • Data dissemination methods 4.2.3 Tarrant Regional Water District (TRWD): Meet with TRWD staff to discuss and obtain information on the following aspects of their system • Location and type of field sensors • Coverage area, reliability, and licensing of communication network • Available forecast products • Data dissemination methods 4.2.4 City of Colleyville: Meet with the City of Colleyville staff to discuss and obtain information on the following aspects of their system • Location and type of field sensors • Coverage area, reliability, and licensing of communication network • Available forecast products • Data dissemination methods 4.2.5 City of Mansfield: Meet with the City of Mansfield staff to discuss and obtain information on the following aspects of their system • Location and type of field sensors • Coverage area, reliability, and licensing of communication network • Available forecast products • Data dissemination methods ATTACHMENT "A" PROFESSIONAL SCOPE OF SERVICES 5 Assessment of Current Available Technologies Current available technologies in hardware and software shall be assessed to determine the most suitable technology that can be recommended. 5.1 Hardware: The following type of available hardware shall be assessed: 5.1.1 Field sensors • Precipitation • Stream depth • Stream velocity • Weather: • Wind (speed & direction) • Air temperature • Barometric pressure • Relative humidity • Water quality: • Dissolved oxygen • pH • Water temperature • Conductivity 5.1.2 Communications • Field Data Collection Platforms (DCPs) • Wireless communications: • Terrestrial radio transmitters / repeaters / receivers • Satellite radio transmitters / receivers • IR transmitters / repeaters / receivers 5.1.3 Computers • Processing power • Data storage • Networking • Electrical power 5.1.4 Remote Power Options • Battery • Solar • Grid 5.2 Soffinrare: Up to four (4) hydrologic and hydraulic softwares shall be assessed and evaluated for the following functionalities: 5.2.1 Data communications, collection & management 5.2.2 Forecasting 5.2.3 Data publication / warnings & alerts (private & public access) 5.2.4 Hardware redundant fail-over 5.2.5 ESRI compatible 5.3 Services: Currently available services in the following areas shall be evaluated: 5.3.1 Radar / precipitation data collection 5.3.2 Meteorological / hydrological warning ATTACHMENT "A" PROFESSIONAL SCOPE OF SERVICES 5.3.3 Warning dissemination 5.3.4 Operation and Maintenance 5.4 Prepare report of findings on existing systems, currently available technologies, and recommendations for the City. 5.4.1 Draft 5.4.2 Fina) 6 Develop system recommendations Systems recommendations shall be provided based on the results of the needs assessment, existing HWWS system analysis, and technology assessment tasks of this project. Recommendations on the following system parameters shall be provided based on the results of the previous tasks. 6.1 System design 6.1.1 Data collection locations 6.1.2 Warning locations 6.1.3 Field hardware specifications 6.2 6.3 • Sensors • DCPs • Communications • Power requirements 6.1.4 Software specifications 6.1.5 Computer specifications (by location; e.g. EOC, staff office, remote access) 6.1.6 System maintenance Action plans 6.2.1 Internal actions 6.2.2 Coordinated actions with other entities 6.2.3 Public actions (education) 6.2.4 Training & drilis Cost estimates 6.3.1 Licensing & permits 6.3.2 Hardware acquisition 6.3.3 Software acquisition 6.3.4 Installation & testing 6.3.5 Operations and maintenance 7 Project Management and Deliverables AECOM shall provide meeting minutes for all meetings attended, decision logs for major decisions taken during meetings and during the normal course of the project. Quality control of all documents shall be followed using AECOM standards with QA/QC documents filled out for major deliverables. Quality Control of subcontractor deliverables shall be performed by subcontractors using their in- ATTACHMENT "A" PROFESSIONAL SCOPE OF SERVICES house QA/QC procedures followed by a quality control check by AECOM before subsequent use or release. As part of Phase II, the Recommendations Report shall include relevant data collected by AECOM regarding currently available technology, hardware/software requirements, and layout of the proposed flood warning system. Phase il Deliverables: 7.1 Four (4) hard copies of the draft Recommendations Report (Task 5.4.1). 7.2 Four (4) hard copies and a digital copy of the final Recommendations Report (Task 5.4.2). 7.3 Meeting Minutes 7.4 Project Decision Logs ATTACHMENT "B" COMPENSATION Planning Services for FLOOD WARNING SYSTEM STUDY City Project No. SWS-043 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $327,000 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.092012 Page 1 of 3 � ATTACHMENT "B" COMPENSATION � Summary of Total Project Fees ' Firm �I Primary Responsibility Fee Amount i % ��I Prime Consultant ' AECOM ' Engineering Services, '�I $168,265.00 ' 51.46% ! ', Project Mgmt, and Deliverables ', $74,050.00 22.64% _ _-- -_ _ ---- __ . ,._ Proposed MBE/SBE Sub-Consultants � �, Gupta and Associates, �i Communications hardware and '; $84,685.00 � 25.90% , ' Inc. i software � �i I' Non-MBE/SBE Consultants � i , 'I � TOTAL �, $ $327,000.00 I� 100% Project Number & Name SWS-043 — Flood Warninct System Stu City MBE/SBE Goal = 25.90% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 Total Fee $. MBE/SBE Fee � MBE/SBE % $ 84.685.00 25.90 % Consultant Committed Goal = 25.90% � EXHIBIT "B-1" FLOOD WARNING SYSTEM STUDY STUDY NO. SWS-043 EXAMPLE PROJECT INVOICE FORMAT AECOM Invoice - T&PW 16000 Dallas Parkway, Suite 350 Proj. Invoice No. Dallas, Texas 75248 Invoice Date: June 1, 2013 Tel: 972-735-3040 Period May 1, 2013 to May 31, 2013 Fax: 972-735-3001 Proj. No. SWS-043 email: zubin.sukheswaila(c�aecom.com City Secy. Cont. No. AECOM Project: / 4494 COFW Project Manager Amy Cannon ConsultanYs Project Manager: Zubin Sukheswaila Name of Project : Flood Warning System Study Work Phase Pavment Tarqets: Check stage of project % Com lete 4 Existing Systems Review and Co-ordination $ 55,590.00 ❑ 0.00% 5 Assessment of Current Technologies $ 107,910.00 � 0.00% 6 System Recommendations $ 81,750.00 ❑ 0.00% 7 Project Management $ 81,750.00 ■ 0.00% $ 327,000.00 $ 327,000.00 $ 327,000.00 List all amendments to date: Date Amendment No. Description Executed by Amount Cit 1 2 TOTAL AMOUNT OF AMENDMENTS: $ - TOTAL THIS INVOICE Make all checks payable to : AECOM Technical Services, Inc. 1178 Paysphere Circle Chicago, IL 60674 Submitted by: � ' Zubin Sukheswalla, P.E., CFM �C�M Project Manager ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT (Incl. Amendments) Amount left in the Contract ATTACHMENT "C" FLOOD WARNING SYSTEM STUDY STUDY NO. SWS-043 AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES 1. Article II, after last sentence in second paragraph; insert "City shall pay when due all undisputed portions of an invoice." 2. Article V, Section (2), line 2, replace "indemnify, hold harmless, the City against liability for any damage caused by..." with "indemnify and hold harmless the City against liability for any damage to the extent caused by..." 3. Article VI, Section (2).a, insert "and" between ", its officers," and "employees". 4. Article VI, Section (2).a, delete "and servants" after "employees". 5. Article VI, Section (2).d, replace "..provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage." with "..the City a prior written notice of cancellation per standard ISO Acord form wording and the policy provisions." 6. Article VI, Section (2).k, reword paragraph as "In the event of a material claim against the Consultant and upon the request of City, Consultant shall provide evidence of all insurance policies required by these Agreement documents." 7. Article VIII, Section (3), add at end of paragraph "Notwithstanding the foregoing, any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant." ATTACHMENT "C" Page 1 of 1 Consulting Contract Schedule Specifications FO RT WO RT H City of Fort Worth Capital Improvement Program --' ATTACHMENT "D" FLOOD WARNING SYSTEM STUDY STUDY NO. SWS-043 PROJECT SCHEDULE Tliis PROjECT rec�ires a Tier 3 scl�edicle ns de�'ined l�erein c�nd in tl�e Cih�'s Scl�edule Gitidnnce Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF forrnat, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 M&C Review CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 2/19/2013 � _ DATE: 2/19/2013 REFERENCE NO.: **C-26108 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas FORTWORTIf -�-- 20SWDFWSPH2 NO SUBJECT: Authorize Execution of a Professional Services Agreement with AECOM Technical Senrices, Inc., in the Amount of $327,000.00 for a Flood Warning System Study (ALL COUNCIL DISTRICTS) � -- --- RECOMMENDATION: _ - - _ -- � It is recommended that the City Council authorize the execution of a professional services Agreement with AECOM Technical Services, Inc., in the amount of $327,000.00 for a Flood Warning System Study. DISCUSSION: The professional services Agreement recommended by this Mayor and Council Communication is to evaluate available digital communications systems and recommend the optimal system to be used to establish a real-time flood warning system in the City of Fort Worth. Since 1986 there have been seventeen fatalities in the City as a result of automobiles being swept off the road during flood events. The work that will be accomplished via this professional services Agreement is a vital step toward mitigating future such events by: improving the lead time for emergency response to flash flood events, improving precision for predicting in advance the specific locations where flooding is expected, and developing effective communication strategies for warning the public of impending flooding conditions. The work under this professional services Agreement will be fully coordinated with the work being accomplished through a Memorandum of Understanding with the University of Massachusetts, Amherst (M&C C-26055, January 15, 2013) to integrate data from high resolution weather radar devices being deployed in the DFW area into City drainage models. The digital communications systems to be evaluated through this Agreement are designed to coordinate storm data received through weather radar, stream gauges, and hydraulic models to provide 15 minutes or more advanced notice of the specific locations where flooding is anticipated. It is expected that a follow-on consulting Agreement will be issued based on the indications from this study to define specific steps for the implementation of a real-time flood warning system. Fifteen Statements of Qualifications were received in response to a Request for Qualifications (RFQ) to perform this scope of work. Three firms were interviewed. AECOM Technical Services, Inc., was selected to perForm the Flood Warning System Study on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. AECOM Technical Services, Inc., proposes to perform this study in the amount of $327,000.00. Staff has determined this fee to be fair and reasonable for the scope of services proposed and based on the extent of the study. The Stormwater Utility Operating Fund will be used to fund this study. M/WBE Office: AECOM Technical Services, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 26 percent SBE participation on this project. The City's SBE goal for this project is 26 percent. This study will include ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council�acket/mc_review.asp?ID=17888&councildate=2/19/2013 04/12/2013 M&C Review Page 2 of 2 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 0209207 $327,000.00 Submitted for City Manaqer's Office by_ O_riginating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Douglas W. Wiersig (7801) Amy Cannon (2289) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=17888&councildate=2/19/2013 04/12/2013