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HomeMy WebLinkAboutContract 44650 . Io t COMM CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This A E EN is between the Q'ty of Fart Worth, a Texas home-rule municipality (the "CITY"), and Freese and Nichols,h ls, I'nc .,, authorized d to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as Evaluation of Stew water Development Review Policies. Article Scope of Services s (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 St+ rm eater Development Review Policies. (2)Additional services, if any, will be requested in writing by the city. City shall not pay for any work performed b ► consultant or its suboonsultants, 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 11 Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered tell compensation for all labor, materials, supplies,, and equipment necessary to complete the services described in Attachment `A". However the total foe plaid 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 3 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, iinclluldiing, any act or omission of the city in connection with such services. City of Fort Worth,Texas orrICIAL Standard Agreement for Professional Bernie CITY SECRF-TARY PMO Offi+ciai Release Cate.10"28/2013 Page 1 of 8 IM RECEIVED Ift 2 3 2013 w Article 111 Term Unless terminated pursuant to the terms herein, this Agreement shall: be for a 'term of six months, beginning upon the date of its executi ni,, 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 paftnership 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 aga,inst liability for any damage caused by or resulting from an act of negligence,, I 01 ntentlionall 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 P,MO Official Release Date:1128/2013 Page 2 of 8 Article VI Insurance (1) Consultant shell 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 sub,consultant as an additional insured under its liability policies. Colmmerc,ia,l General, Liability $1 000,000 each occurrence 1,000,00 aggregate Automobile Liability $1,00x,000 each accident (or reasonably equivalent limits of coverage if written on a split, limits bas,is). Coverage shall be on any vehicle used in the course of the Project. Workees, Compensation ,Coverage A., statutory limits Coverage 13: $100,000, each accident $500,000 disease - policy limit, $100 sel 7000 d i ase - each employee (2) Additional Insurance Requirements, a. Except for employee'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. i b., Certificates of insurance shall be delivered to the Sitoirmwater Management Division, Attention. Greg Sirnmons,i 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 cons-titute, a waiver of the insurance requirements specified herein. i 1,0 d. Each insurance policy shall be endorsed to provide the City a miiinimlum 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.- V11 or equivalent measure of finia�ncial strength and solvency. f. Other than workers 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. Consultants insurance policies shall each be endorsed to provide that such insurance 'I's primary protection and any self-funded or colr ercia,l coverage maintained, by City shall not be ca,lled upon to contribute to loss recovery. j. In, the course of the Agreement, Consultant shall report,, in a timely manner, to City's officially d I esignated contract administrator any known loss occurrence which could give rise to a liability cla�im 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. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article Vill Transfer or Assignment City and Consultant each bind themselves,, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors,and asslignis, shall not assign, sublet ortransfer any interest in this Agreement without prior written consent of the City. Article Vill 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 4 termination, Consultant shall dl i,scointinue 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 Audi't (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 b oks,,, 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-consult ant, involving transactions to the subcontract, and further, that City, shall have access during norm al 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- nsultants 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 ins effect as of the time copying is performed. City of Fort Worth,,Texas Standard Agreement for Professional Services PMO Of Release Date-,1/28/2013 Page 5 of 8 Article X Minority Business and Small Business nterprise (ICI S arti I cipation 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 bus,iness, enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and S goals established for this Agreement and Its accepted written m�m�itrnent 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 termlinatlion of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years., Article: X1 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 there of' shall be considered. Consultant agrees to defend, indemnify and ho 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 X11 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 actions shall Ile 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 X111 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'constr,ucti'on 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 PM01 Offici�al Release Date*1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits, hereto. Article XIV Severability I clause, The provisions of this,Agreement are severable, and if any word, phrase, 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 cornpetentjurlisdiction 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 persoins, or circurnstances shall not be, affected thereby and this Agreement shall be! construed as if such invalld or unconstitutional portion had never been contained therein). Article XV Notices Notices to be provided hereunder shalli be sufficient if forwarded to the other Party by hand-deliveryor 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 Official Release Date:1128,12013 Page 7 of 81 Arti"cle XVIIII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an on inal, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the( ay of BY: BY-w CITY OF FORT WORTH ENGINEER %-M Freese ,gin ols, In ......... ..... Fernando Costa Alan Greg, P. Assistant City Manager Principal and Vice-President ZZ te: Date Da . w/ APPROVAL RECOMMENDED: By Douglia0viersig, P.E. Director, Transportation in d P u b lic, Works APPROVED ASTO FORM AND LEGALITY M&C.No.: By- JI/1i-.... M&C Date,-.- g1as--W,A,-I31ack-- Assistant City Attorney A 900 0 ATTEsT 00*-- moo 04 OL Mary J. K City Secreta v S City of Fort,Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 CITY SECRETARY 0 Page 8 cif ATTACHMENT A EVALUATION OF' STORMWATER DEVELOPMENT REVIEW POLICIES SCOPE OF WORK PROJECT UNDERSTANDING The City of Fort Worth 'implemented the iSWM manual in 2,006 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 d�ev lolpment,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 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► iill 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 di'reict team activities • Ensure quality control is practiced in p rformance of the work • Communicate internally among team members • Task and al,locate 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 hi-weekly project team meetings. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department,to accompany monthly invoices. TXontract Docs\2013-05-3 1\02 Attachment A-Stonunwater Development Review Scope off` rk.do 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: Finial Summary Payment Report Form at the and of the project. ASSUMPTIONS 0 This scope assumes up to sixteen (16) project meetings including nine (9!) City meetings, four (4) steering committee or D 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 DA,C o City Meeting #2— Evaluation of Technical Standards o Stakeholder Meeting #2—Stakeholder Steering Committee Kickoff o City Meeting i Evaluation of Stormwater Review Process o Tabletop Meeting with Developers#1 1 #2, and #3 o City Meeting #4— Preparation for Stakeholder Meeting 3 ol Stakeholder Meeting #3 — Presentation of draft recommended 'improvements to Steering Committee • City Meeting #5— Debrief from Stakeholder Meeting #3 • City Meeting #6— Preparation for Stakeholder Meeting #4 • 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 DE,LIVERABLE,S 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 ST'U�DY The purpose of this task is to identify peer cities,for comparison and conduct interviews to obtain information relative to the storm rater development review program such as technical criteria, review process, review timelines, workload volume, staffing levels, and overall policies. T:\Contract Roc s\2013-05-3 1\02 Attachment A-Stounwater Development Review Scope of Work.doc, 2 2.1 Peer City Interviews • Up to five (5) communities will be included in the benchmarking study. F will develop a list of' prospective communities, and coordiin!ate with the City and Stakeholders, to finalize the list at Stakeholder Meeting #11. 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. • Fl" I will develop a draft list of interview questions for -the peer cities. F will coordinate with the City and Stakeholders to refine the interview quiesit,ions and I develop a final Iiist of questions. • FNI will schedule and conduct interviews with the selected communities based on the final list of'interview questions. • FN wiill interview City staff to compare benchmarking practices with current City of Fort Worth practices. 2.2 Interview Documentation 0 FNII will document the results of the interviews in a technical memorandum. The memorandum, will draw cornparlsons, between Fort Worth and the peer cities. Text responses to interview questions will be 'Included as an attachment. 0 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, EVALuxn0N Fl" I will perform: an evaluation of the existing technical standards including, the Storm water Design Criteria Manual and applicable ordinances and retake 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 Fl" I will review and evaluate the City of Fort Worth iSW'M Criteria Manual for Site Development and Construction] August 2012, with a focus on Local, 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 conflict's 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\2013-05-3 1\02 Attachment A-Stormwater Development Review Sc,olpe of Workdoc 3 0 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: 0 Criteria related to infill development 0 Clarification Definition of Adverse Impacts 0 Downstream Assessments 0 Regions/Special Zones of Influence 0 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 0 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. DELIVERABLE,S 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 wi'll perform an evaluation of the existing development review process for storm,water and make any necessary recommendations,for improvements. 4.1 City, Meeting #3,—Stormwater Review Process 91 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: 0 Maximizing efficiency of Permits Plus software currently in use, and scheduled for upgrade, by the City. 0! Cursory review to assess application completeness (questions and timing) • Number of review's • Information required, at each review I TAContract Docs\2013-05-3 1\02 Attar ant A-Stormwater Development Review Scope of Work.doc 4 • Existing checklists • Review processes and procedures,for communicating comments and responses • Tim line 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 0 Based on the issues identified through the Review Policy Evaluation, FNI will develop recommendations of suggested changes to the City of Fort Worth stormwater development review processes,. 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 compdsed of City staff and representatives from the Development Advisory Committee (D,A,C) 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, will 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 DAB: to introduce the project and to confirm 'the direction and content of the proposed project. In this meeting, the City Sto:rmwatier 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 stakehoilder 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 recorn mend ati ons, 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., TXontract Docs\2013-05-3 1\02 Attachment A-Stormwater Development Review Scope of Work-d 5 5.14 Stakeholder Meeting #4 ­ The purpose of this meeting: is to present the final recommendations to the development community through the DA C, communicate timelines for implementing recommended improvements, and identify training needs. 51.5 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 ##11 #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 gill 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 i 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. F'NI will perform the following tasks for each course-, Prepare draft course materials including PowerPoint presentations, handouts, and course syllabii. Meet with City to review and finalize course materials. (City Meetings#8 and #9), Make arrangements for course at FNI's office. 'The City gill 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 FNIs 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 we-site for future on-demand training. TAContract Docs\2013-05-31102 Attachment A-Storm water Development Review Scope of"Work.doc: 6 .......... DELIVERABLES A. Course material's 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 re�commendations. Meeting minutes: from all meetings will be included in the appendix. Deliver I 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 P 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 meetings defined 2. Additional "raining Courses that FNI would participate in with City or City's consultants 3. Providing On-Call Training at Fort Worth City Hull 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 FNII's services are delayed or suspended in whole or in part by CITY,, or if Fly I's services, are extended by the Contractors actions or inactions for more than 90, days through, no fault of FNI, FNI shall be entitled to equitable, adjustment of rates and amounts of compensation. TAContract Docs\2013-05-31\02 Attachment A-Ste water Development Review Scope of Work do 7 ATTACH MENTA6131) EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES COMPENSATION AND PAYMENT SCHEDULE A. The Engineer shall, be compensated a total project fee of $164,37'1. , on a time and materia,ls 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. paid B. The Engineer shall be paid n; accordance with "Exhibit B-1", Supplement r" a to Attachment B. Each invoice from the Engineer shall be verifi I ea as to its accuracy and compliance with the terms, of this contract by an officer of the Engineer. C. Additional tasks assigned by the CI TY not included, in Attachment "A" Scolpe 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 D. Professional, Services Fee, summary is provided in Exhibit "Bi-3 E. A Summary of Total Project Fees including S:BE participation percentages is provided in Exhibit "B-M'I. F. A schedule of partial submittals for review will be based on the Project Schedule Attachment "D" and is as follows.- P[on .ject Phase Estimated Completion Date Draft Recommendations July 2013 Final Recommendations, August 2 'Training Course October 2013 ATTACHMENT"B" Page I of 1 EXHIBIT "Bmlyp (SUPPLEMENT TO ATTACHMENT B) EVALUATION OF STORMWATER DEVELOPMENT REVIEW POLICIES CITY PROJECT NO. METHOD OF PAYMENT PROGRESS REPORT'' REQUIRE MENTS 1. Method of Payment 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: Proiect Phase Est-imated Proiect Percent Complete Benchmarking Study 30% Process Evaluation 510%, Stakeholder Involvement 75% Report, 90% Training Curriculum 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 tiles. 11. 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., 13. Periodic reports concerning MWBE partic,ipati,on shall be submitted as required by the MWBE, Office. EXHIBIT"BA" Page 1 of 1 EXHIBIT "B-21' (SUPPLEMENT TO ATTACHMENT B) EVALUATION OF STORM WATER DEVELOPMENT REVIEW POL,IC IEES HO;URLY RATE SHEDUL,E,S, A suimmary of current hourly billing, rates is Provided below.- CAD Technician,/Designer- 1 95 CAD Tech,nici'lan/'Designer-2 123 CAD Technician/De�signer-3 151 Construction Manager- 1 89 Construction Manager-2 115 Construction Manager-3 135 Construction Manager-4 170 Corporate Project Support- 1 90 Corporate Project Support-2 109 Corporate Project Support 3 145 Intern,/Coop 55 Professional- 1 1111 Professional -2 134 Professional -3 152 Professional -4 175 Professional-5 205 Professional-6 234 Technology Charge 8.50 EXHIBIT"B-2" Page 1 of 1 EXHIBIT "B-3)1 (SUPPLEMENT TO ATTACHMENT B) EVALUATION ATION F STOR WATER DEVELOPMENT REVIEW POLICIES PROFESSIONAL SERVICES FEE SUMMARY Task Description Fee 1 Pr9ject Management and Mesons $ 2 Benchmarking Stu,gy, $16,565 3 Technical Standards Evaluation $13,3501 Review Processes Evaluation $14,325 5 Stakeholder Involvement $ 6 Training Curriculum and Resource Develo, anent, $4,015, Report and Documentation $101755 Total Fee $164,371 FXH IBIT"".B_31" Page 1 of 1 EXHIBIT1113-3A" (SLEET TO ATTACHMENT 13) EVALUATION OF STORM,W AT E R DEVELOPMENT REVIEW PO CIE,S SUMMARY OF TOTAL PROJECT FEES Cons u,ltin.q Firm Prime Res ponsiblifilly Amount Percent PRIME ENGINEER: Freese and Nichols, Inc. Engineering and Project Mgmt. $140,371 85,.4% SUB ENGINEER: Open Channels Group Meetings and Training Courses $24$000 14.6% Total for Professional Services $164,371 1 010%� SUB ENGINEER. shall participate in performing portions of-the following Tasks,-, Prpjsject Description Scppe of'Services Total Fee MWBE Fee Percent Meeting Assistance, Task 1 $34,076 $ 47200 12.3% Training Resources Task 6 $40,570 $19,800 48.8% Non-M rticipation Sco of Services Tota I Fee Non-MWBE Fee Feroent N/A N/A N/A N/A N/A EXHIBIT(113-3A" Page 1, of 1, ATTACHMENT SIC$$ CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Services for Evaluation of'Stormwater Development Review Policies <List any changes to the Standard Agreement> None. City of Fort Worth,Texas Attachment C PMO Reiease Date:05.19.20110 Page 1 of I M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT_- WORTH COUNCIL ACTION: Approved on 7/9/2013 - Ordinance No. 20793-07-2013 DATE: 7/9/2013 REFERENCE ,C-26322 LOG 20SWMDESIGNSTANDARDREVIEW NO.: NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: 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_packet/mc_review.asp?ID=18567&councildate=7/9/2013 07/16/2013 M&C Review Page 2 of 2 The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: 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 FROM Fund/Account/Centers 1) PE69 531200 0209207 $164,371.00 2) PE69 531200 0209207 $164.371.00 Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Greg Simmons (7862) ATTACHMENTS 20SWMDESIGNSTANDARDREVIEW A013.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18567&councildate=7/9/2013 07/16/2013