HomeMy WebLinkAboutContract 39429STATE OF TEXAS
KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT
THIS AGREEMENT, entered into the �r day of 3 009 between the
City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and
Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager,
hereinafter called the "City", and C112M Hill, Inc., an independent consultant "Consultant". City
and Consultant may be referred to herein individually as a Party, or collectively as the Parties.
WITNESSETH
That for and in consideration of mutual covenants and agreements herein contained, the Parties
hereto mutually agree as follows:
ARTICLE 1
SERVICES
Section 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 Intearated Proparann Management for Capital Proiect Deliverv, Phase 3.
("Project").
Section 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 2
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 $4,399,108.00 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.
OFFICIAL RECORD
4,3ITY SECRETARY
17. WORTHt TX
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.
ARTICLE 3
TERM
Until the completion of the subject matter contemplated herein.
ARTICLE 4
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 5
PROFESSIONAL COMPETENCE AND INDEMNIFICATION
Section 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.
Section 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.
ARTICLE 6
INSURANCE
Section 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
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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
Section 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 Douglas Rademaker, P.E., Program
Management Office, 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.
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.
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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.
1. Upon the request of City, Consultant shall provide complete copies of all insurance
policies required by these Agreement documents.
ARTICLE 7
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 8
TERMINATION OF CONTRACT
Section 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 commence correction of such
nonperformance with 5 days of written notice and diligently complete the correction thereafter
Section 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.
Section 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
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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 9
RIGHT TO AUDIT
(a) 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.
(b) 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 subconsultant, involving
transactions to the subcontract, and further, that City shall have access during normal
working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audit.
(c) Consultant and subconsultants 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.
ARTICLE 10
MINORITY AND WOMAN BUSINESS ENTERPRISE
(M/WBE) PARTICIPATION .
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City contracts.
Consultant acknowledges the M/WBE goal established for this Agreement and its commitment
to meet that goal. 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 11
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.
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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 12
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 13
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 interpretation of this
Agreement or any amendments or exhibits hereto.
ARTICLE 14
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 15
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: Douglas Rademaker, P.E.
City Manager's Office — Program Management Office
1000 Throckmorton Street
Fort Worth, Texas 76102
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Consultant:
CH2M Hill, Inc.
309 West 7th Street
Suite # 1020
Fort Worth, Texas 76102
ARTICLE 16
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
ARTICLE 17
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute but one and
the same instrument.
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IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in
multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
RECOMMENDED:
Randle Harwood, Director
Program Management Office
APPROVED AS TO FORM AND
LEGALITY:
r
Assistant CiA orney
ATTEST:
fN-'\ He x
City Secretary
A
Date
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CONSULTANT: CH2M Hill, Inc.
Mike Bastian
Area Manager
54
caAtr h"horiaation
o �-
Uate
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ATTACHMENT "A"
Scope of Work
Under Agreement between City of Fort Worth and CH2M HILL
for
Integrated Program Management for Capital Project Delivery, Phase 3
Objective
The goal of this project is to significantly increase the capital project delivery capacity of the
City of Fort Worth (CITY) on a going forward basis resulting in national recognition that the
CITY is a leader in planning, designing, and constructing capital infrastructure in the public
sector.
The objectives for Integrated Program Management (IPM) that must be met in order to achieve
this goal include:
1. Implement IPM City-wide with tools and performance measures,
2. Recommend specific interim changes,
3. Develop and implement a professional development program on an ongoing basis.
4. Deliver existing capital projects concurrent with developing the IPM,
5. Attract and retain qualified construction contractors, increase capacity, and create
opportunities for M/WBE participation.
The IPM is envisioned in four phases.
Phase 1. Assessment
Phase 2. Development and Implementation
Phase 3. Implementation and Transition
Phase 4. Ownership
The duration of the combined phases is anticipated to be three to four years. The duration of
Phase 3 is anticipated to be ±12 months.
The work to meet these objectives through the four (4) phases of the project is organized into
five (5) major tasks and an additional services task should it be needed. The major tasks are:
Task 1. Management and communication
Task 2. IPM and organization development
Task 3. CIP delivery
Task 4. Contractor development
Task 5. Public involvement and external communications
Task 6. Additional services as requested by City
The scope for Phase 3 is presented below.
Attachment B - City of Fort Worth Phase 3 IPM B - 1
Phase 3. IPM Implementing and Transitioning
Phase 3 Overview
Phase 3 is anticipated to last twelve (12) months from notice to proceed. The work is focused on
completing and improving the implementation started in Phase 2. The work is organized into six
(6) Tasks as summarized above, and described in detail in the following sections.
Task 1. Management and Communication
Subtask 1.1. Program Management and Communication
• Description of Work:
a) Oversee IPM Team activities and preparation of deliverables
b) Identify impediments to progress
c) Transition leadership of collaboration and improvement efforts to PMO and
appropriate departments
d) Prepare monthly status report, update IPM schedule, and prepare invoice
e) Facilitate task coordination and opportunities for efficiency
f) Collaborate with the Program Management Office (PMO) to implement IPM
g) Lead/attend regular internal IPM coordination meetings
h) Lead/attend issue -specific action meetings
i) Lead executive Team Meetings and various status updates/presentations
j) Support Program Manager's meetings
k) Update scope status summary table quarterly
1) Lead development and implementation of external dashboard by City working with
subtask 3.1, 3.3, and 5.2 teams.
• Key Assumptions:
— Subtask duration is twelve (12) months.
— Necessary City staff are available for meetings.
— Regular IPM coordination meetings are assumed to occur weekly.
— Executive Team Meetings are assumed to occur bi-weekly, with one (1) IPM staff
attending on average.
— Program Manager Meetings are assumed to occur every other week, with two (2) IPM
staff attending on average.
— Six (6) total briefing presentations prepared for CMO, ITC and/or Council.
— Two (2) total additional briefing presentations for audiences TBD are prepared and
presented.
— IPM Status Report is prepared monthly.
• Major Deliverables:
— Agendas and meeting summaries.
— Up to eight (8) total briefing presentations for CMO, ITC, Council, and others.
— Monthly Status Reports.
— Quarterly scope status summary table.
• Subtask Leader: Ken Hall
Attachment A — City of Fort Worth Phase 3 IPM A-2
Task 2. IPM and Organizational Development
Subtask 2.1. Process and Tool Development
• Description of Work:
a) Lead issue -specific or organization -specific improvement subteams in developing
recommendations to address key issues.
b) Support issue -specific or organization -specific improvement subteams in presenting
recommendations to the Program Managers and Executive Team.
c) Facilitate and support development by the City and other IPM Task Teams of
appropriate tools needed as part of solutions.
d) Develop and implement IPM sustainability strategy with a written plan to guide the
ongoing implementation and improvement of IPM practices at the City
• Key Assumptions:
- Lead and/or support up to two (2) issue -specific or organization -specific
improvement Subteams.
- Duration of Phase 3 is twelve (12) months.
• Major Deliverables:
- Program Manager/Executive Team recommendation presentations and supporting
memos or documents summarizing the subteam's work and recommendations.
- IPM Sustainability Strategy summary document and associated materials
- A process tool summary potentially located on the Sharepoint landing page.
• Subtask Leader: Don DeWolfe
Subtask 2.2. Deployment and Training
• Description of Work:
a) Work with Program Managers, Executive Team and individual departments to
confirm additional focused training needs to support Phase 3 implementation.
b) Develop streamlined training module which can be used for new City PMs and/or as a
refresher course for use after IPM ends.
c) Develop training materials and deliver training to meet additional focused training
needs identified in a) above. Materials will be delivered in both hard copy and
electronic formats.
d) Schedule and lead meetings and discussions supporting the training and deployment
efforts.
• Key Assumptions:
- Duration of Phase 3 is twelve (12) months.
- Training sessions will be focused and limited to key project delivery staff.
- Training will be held in City facilities.
- A total of up to 60 hours of training will be provided.
- Up to ten (10) meals are assumed to be provided during training.
• Major Deliverables:
- Training agendas and materials for training sessions.
- Training agendas and materials for streamlined training module identified in 2.2(b)
above.
• Subtask Leader: Don DeWolfe
Attachment A — City of Fort Worth Phase 3 IPM A-3
Task 3. CIP Delivery
Subtask 3.1. IPM Program Controls and Reporting System Improvement
• Description of Work
a) Maintain a list of improvement concepts for the three -levels of project status
dashboards, based on the ongoing "dashboard wish list."
b) Evaluate, prioritize, and incorporate dashboard improvement concepts as directed up
to the allocated budget for this subtask.
c) Support subtask 3.3 team in facilitating needed reporting.
d) Provide funding mechanism for the City's Capital Projects Team (CPT) within the
PMO to contract with Skire or other similar software consultants to assist with
development and maintenance of the CPMS at the City.
e) Assist the City in selecting and training key Project Controls Staff for the IPM
Program
f) Support City in effort to design and connect the dashboards to the City's web -based
GIS application.
g) Support subtask 5.2 team and City in facilitating external facing dashboard
development, in particular making available project status information from the P6
schedule database that the City can display.
Key Assumptions
— Duration of Phase 3 is twelve (12) months.
— The City will be the primary point of contact and activity manager of the CPMS
improvement activities by Skire or other similar software consultants.
— CPMS improvement activities by Skire or other similar software consultants will be
limited to the budget allocated for that purpose.
— The City has deployed and will maintain the MOSS2007 SharePoint environment for
the dashboards.
— Cost information to be displayed in dashboards will be available in existing systems
from the City or subtask 3.3 Team.
— The City will develop and implement the web -based GIS application appropriate and
functional for the purposes of the dashboard.
— The City will develop the user interface of the external dashboard as a page of their
City web site, and subtask 3.1 Team would support them in the design of back end
systems to display dashboard information.
— Program Managers and Executive Team will provide input to prioritize dashboard
improvements.
— City will constrain dashboard improvement requests to what the scoped Phase 3
budget will allow.
• Major Deliverables
— List of improvement concepts for the dashboards and the status of each
— Implemented dashboard improvements per City direction, including key financial
status information as available and appropriate
— Implemented CPMS improvements per City lead and direction
• Subtask Leader: Felipe Pulido (Task Lead) and Aubie Nanninga (Technical Lead)
Attachment A — City of Fort Worth Phase 3 IPM A-4
Subtask 3.2. IPM Program Controls and Reporting System Maintenance
• Description of Work
a) Provide and support routine maintenance and troubleshooting for the Sharepoint
dashboards.
b) Provide a brief quarterly report on Sharepoint server status, performance and issues.
c) Coordinate with ITS and PMO to ensure the dashboards' development environment
remains stable and conducive to good performance.
d) Migration of deliverables and other materials to the City's servers
• Key Assumptions
— Duration of Phase 3 is twelve (12) months.
— No significant commercial software upgrades occur during Phase 3 that would cause
additional programming to maintain existing functionality.
— ITS and the PMO are the primary managers of the Sharepoint servers at the City.
• Major Deliverables
— Brief quarterly report on Sharepoint server status, performance and issues.
— Guidance and improvements as needed.
• Subtask Leader: Felipe Pulido (Task Lead) and Aubie Nanninga (Technical Lead)
Subtask 3.3. IPM Schedule Management and Status Reporting
• Description of Work
a) Regularly (every other month) initiate and complete a schedule update process with
the project manager and contractors/designers. Check, clean up, and upload updated
schedules to the schedule database and integrate into the Master Schedule.
b) Drive ownership to the City, provide shortcuts and process improvement
recommendations to migrate to monthly updates
c) Monitor and manage the overall scheduling process and the Master Schedule and
database.
d) Help define and develop needed project status reports to meet department or PMO
reporting requests, to the extent data is available.
e) Provide feedback and guidance to Subtask 3.1 on the visualization of project status
information on the dashboards.
f) Provide proactive schedule -based planning and management assistance to PMs,
including mentoring on using schedules as a management tool to expedite projects as
part of the bi-monthly schedule update process and various training efforts.
g) Train one (1) or more staff in each of PMO, Water, T/PW, and PACS (as City staff
are identified and available) to assist the project controls effort as part of the
transition of project controls activities to City staff.
h) Provide one (1) contractor and one (1) consultant workshop on schedule updating and
submittal.
i) Prepare project descriptions templates for use by City Project Managers in updating
the notes which will appear in the dashboard project window.
Key Assumptions
— Duration of Phase 3 is twelve (12) months.
— The proposed scheduling specification developed during Phase 1 will be implemented
by the City by the end of December 2009 as part of the contract documents for capital
projects.
Attachment A — City of Fort Worth Phase 3 IPM A-5
— Project scheduling by contractors and consultants will be performed by appropriately
trained staff and meet specification requirements.
— City Project Managers, as well as consultant designers and contractors, will be
available for schedule reviews and updates.
— Schedule updates will be performed every other month with a goal of transitioning to
every month by the end of Phase 3.
— The City of Fort Worth will identify and provide at least three (3) staff to be trained
in and assist the monthly update process.
— A level of effort for this subtask of four (4) Full -Time -Equivalents (FTEs) of
qualified IPM project controls staff, supported by one (1) full-time administrative
tech support person, is assumed for Phase 3.
Major Deliverables
— Master schedule organized by an Enterprise Project Structure (EPS) with drill down
to a project with WBS level organization.
— Updated project schedules (every other month, with a goal of transitioning to every
month by the end of Phase 3)..
— Schedule update PM report card (every other month with a goal of transitioning to
every month by the end of Phase 3)..
— Bid Advertisement schedule report card (every month).
— Upcoming Project list report for posting to City Purchasing web site.
— 6-month look ahead milestone report every other month.
— Up to ten (10) ad hoc reports requested by the City to meet specific needs.
— Up to eight (8) regular status reports (every other month) prepared to meet
departmental needs.
• Subtask Leader: Darrell Moseley
Subtask 3.4. IPM Project Delivery Support (Transitional)
• Description of Work
a) Provide project management support for design projects and oversight of design
consultants focused on scoping, contracting, schedule review, progress status,
quality, and coordination.
b) Ensure assigned projects are properly set up and statused using CPMS and
systems developed in 3.1 and 3.2.
c) Ensure design QA/QC review on assigned projects, coordinating with
departmental staff.
d) Provide inter -project support for utility coordination.
e) Ensure regular status updates for project schedule and progress.
f) Proactively manage change on projects.
g) Prepare appropriate documentation for project activities, decisions, and
milestones.
• Key Assumptions
— Projects at the 90% design stage will transition from IPM PMs to City PMs over a
period no longer than 16 weeks.
— A level of effort for this subtask of one (1) Full -Time -Equivalents (FTEs) of qualified
project manager is assumed for the transition period.
Attachment A — City of Fort Worth Phase 3 IPM A-6
— The City will make available needed information on existing and proposed projects in
a timely manner.
— The City will facilitate the transition of projects to City PMs.
— The City will direct existing design consultants, contractors, and City PMs to
cooperate with the IPM Consultant Team in performing the work.
Major Deliverables
Monthly progress status reports and schedule updates.
Design QA/QC review memos and markups (as appropriate for the assumed staff
resources and particular project).
Meeting agendas and summaries focused on actionable items.
Task Leader: Paul Roach
Task 4. Contractor Development
Subtask 4.1. Contractor Outreach
• Description of Work
a) Schedule and hold one-on-one meetings with key (large, small, M/WBE, etc.)
contractors/consultants.
b) Attend and network at contractor/consultant meetings/events with the objective of
increasing interest in and awareness of City of Fort Worth opportunities.
c) Attend selected pre -bid meetings and bid openings.
d) Debrief successful and unsuccessful contractors/consultants to gain insights into
process improvements and encourage firms to compete again.
e) Work with Task 5 Public Involvement Team to cooperatively develop "Hard Hat
Zone" e-newsletter. Distribute e-newsletter to contractor/consultant database and
internal City staff.
f) Lead the communication, collection, update and distribution (both internally and back
to information sources) of regional project bid information working with Subtask 3.3.
g) Track and quantify outreach activities and results (e.g., new/repeat contractor bids,
etc.).
h) Support, working with Subtask 3.3 Team, contractor/consultant communication and
training related to schedule specification.
i) Initiate and respond to a -mails and phone calls as part of the outreach effort.
j) Identify small and M/WBE firms needing assistance to bid on City projects and refer
them to the Subtask 4.2 Team (SCDP) for mentoring and support.
k) Identify thirty (30) new contractors (cumulative Phases 2 and 3) that bid on upcoming
projects.
Key Assumptions
Duration of Phase 3 is twelve (12) months.
— Approximately fifty (50) one-on-one meetings are anticipated.
— One or more Subtask 4.1 Team members will attend approximately seventy-five (75)
contractor/consultant meetings/events.
— Approximately fifteen (15) presentations will be made to groups of contractors and
consultants.
— "Hard Hat Zone" e-newsletter will be published and distributed quarterly.
Attachment A — City of Fort Worth Phase 3 IPM A-7
— Regional project bid information will be updated regularly, at least quarterly.
• Major Deliverables
— Contributions to and distribution of Hard Hat Zone e-newsletter.
— Regional project bid information
— Contractor/consultant contact database
— Quantification of outreach activities for monthly IPM status report.
— Monthly report of new contractor participation
• Subtask Leader: Martin Burrell
Subtask 4.2. Contractor Support
• Description of Work
a) Coordinate with Subtask 4.1 Team to follow up with contractors needing support as
identified during outreach activities.
b) Attend selected workshops and meetings attended by small contractors.
c) Assist identified firms with project assessment, bid preparation, submittals, and
preconstruction meetings.
d) Assist identified firms with obtaining bonding and contract mobilization funding.
e) Assist identified firms with developing and updating schedules to meet City
specification and/or general contractor requirements.
f) Provide on -site observation, consultation, and trouble -shooting services to
participating contractors and subcontractors including site visits and contractor
monitoring and consultation.
g) Coordinate with Subtask 4.1 Team, M/WBE Office, PMO, and City Project Manager
to provide input on maximizing contractor response while supporting small contractor
bid opportunities.
h) Facilitate resolution of construction issues raised by City Inspectors.
i) Provide a detailed assessment of contractors' and subcontractors' technical
competence, bonding capacity and financial profile.
j) Provide participants with the tools necessary to successfully develop their financial
structure in relation to future cash flow needs and surety requirements.
k) Provide monthly reports of Subtask 4.2 activities.
1) Add thirty (30) new contractors (cumulative Phases 2 and 3) to the existing contractor
database.
Key Assumptions
— Duration of Phase 3 is twelve (12) months.
— Approximately ten (10) new projects will receive on -site construction observation.
— Approximately ten (10) new projects will receive surety bonding and surety support.
— Approximately ten (10) contractors will receive bidding, scheduling, technical and
other construction related support.
— Approximately thirty (30) contractor assessments will be performed.
• Major Deliverables
— Monthly activity reports.
— On -site construction observation reports.
— Summary of surety bonds.
— Contractor Assessments.
• Subtask Leader: Aubrey Hope
Attachment A — City of Fort Worth Phase 3 IPM A-8
Task 5. Public Involvement and External Communications
Subtask 5.1. Hard Hat Zone Newsletter
• Description of Work:
a) Work with Subtask 4.1 Team (Outreach) and Subtask 3.3 Team (Schedule
Management) to develop quarterly "Hard Hat Zone" newsletter
b) Coordinate with City Communications Office on release of the newsletter
• Key Assumptions:
— Duration of Phase 3 is twelve (12) months.
— Hard Hat Zone newsletter is issued quarterly electronically.
• Major Deliverables:
— Hard Hat Zone newsletter.
• Subtask Leader: Reba Henry
Subtask 5.2. Support External Dashboard Development
• Description of Work:
a) Work with subtask 3.1 and 3.3 teams, the program manager, to support City in
developing and implementing external web site displaying selected dashboard
information.
b) Support City Communication Team and ITS in defining effective, sustainable
structure, format and content for an external web site.
• Key Assumptions:
— Duration of Phase 3 is twelve (12) months.
— Communication Team and ITS will be the primary developers and implementers of
the external web site.
• Major Deliverables:
— Concepts and mockups for use by the Communications Team and ITS in developing
the external dashboards web site.
• Subtask Leader: Wyntress Ware
Subtask 5.3. IPM Recognition Opportunities
• Description of Work:
a) Identify three (3) or more recognition opportunities.
b) Lead and coordinate submittals and development of submittal materials.
• Key Assumptions:
— Duration of Phase 3 is twelve (12) months.
— IPM Team and key City staff will support the submittals with content and direction.
• Major Deliverables:
— Three (3) submittals for conferences/awards.
• Subtask Leader: Reba Henry
Task 6. Additional Services as Requested by City
Subtask 6.1. Storm Water PM and Administrative Support
• Description of Work
Attachment A — City of Fort Worth Phase 3 IPM A-9
a) Provide project management support for design projects and oversight of design
consultants focused on scoping, contracting, schedule review, progress status,
quality, and coordination.
b) Provide project management support during the construction phase of assigned
projects.
c) Ensure assigned projects are properly set up and statused using CPMS and systems
developed in 3.1 and 3.2.
d) Ensure design QA/QC review on assigned projects, coordinating with departmental
staff.
e) Provide inter -project support for utility coordination.
fl Attend weekly storm water program status meetings.
g) Ensure regular status updates for project schedule and progress.
h) Provide full -service administrative support to Storm Water projects.
i) Proactively manage change on projects.
j) Prepare appropriate documentation for project activities, decisions, and milestones.
• Key Assumptions
— Duration of Phase 3 is twelve (12) months.
— A level of effort for this subtask of approximately two and one-third (2 1/3) Full -
Time -Equivalents (FTEs) of qualified project manager is assumed.
— A level of effort for this subtask of approximately one (1) FTE of administrative
assistant is assumed.
— The City will make available needed information on existing and proposed projects in
a timely manner.
— The City will facilitate the transition of projects to City PMs.
— The City will direct existing design consultants, contractors, and City PMs to
cooperate with the IPM Consultant Team in performing the work.
• Major Deliverables
— Monthly progress status reports and schedule updates.
— Design QA/QC review memos and markups (as appropriate for the assumed staff
resources and particular project).
— Meeting agendas and summaries focused on actionable items.
• Subtask Leader: Felipe Pulido
Subtask 6.2. Additional Services (if authorized)
• Description of Work:
A budget has been assigned to Subtask 6.2, however the scope has been left undefined in
order to address priority issues that are defined during the course of Phase 3. This budget
can only be used, in whole or in part, following written authorization by the City's
Project Manager.
• Key Assumptions:
— Scope and associated funding for activities under this task may be authorized by the
City's Project Manager.
• Major Deliverables:
— TBD as authorized.
• Subtask Leader: Ken Hall
Attachment A — City of Fort Worth Phase 3 IPM A-10
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
I. Compensation
A. CONSULTANT shall be compensated for personnel time, non -labor expenses, and
subcontract expenses as follows:
1. Personnel Time
For services enumerated in Attachment A, CONSULTANT's compensation shall be
based upon Direct Salaries multiplied by a factor of 3.2.
Direct Salaries are the amount of wages or salaries paid CONSULTANT's employees for
work directly performed on the PROJECT, exclusive of all payroll -related taxes,
payments, premiums, and benefits.
2. Non -Labor Expenses
In support of delivering services enumerated in Attachment A, CONSULTANT shall be
reimbursed for Direct Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging
expenses, mail, supplies, printing and reproduction services, other direct expenses
associated with delivery of the work; plus applicable sales, use, value added, business
transfer, gross receipts, or other similar taxes.
3. Subcontract Expenses
In support of delivering services enumerated in Attachment A, CONSULTANT shall be
reimbursed for subcontract expenses and outside services plus a markup of ten percent
(10%) of subcontracts and outside services.
4. Budgets
CONSULTANT will make reasonable efforts to complete the work within the budget and
will keep CITY informed of progress toward that end so that the budget or work effort
can be adjusted if found necessary.
CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is CITY obligated to pay CONSULTANT beyond these limits.
If the CONSULTANT projects in the course of providing the necessary services that the
project cost presented in Article 2 of this Agreement will be exceeded, whether by
change in scope of the project, increased costs or other conditions, the CONSULTANT
shall immediately report such fact to the CITY and, if so instructed by the CITY, shall
suspend all work hereunder.
Attachment B - City of Fort Worth Phase 3 IPM B - 1
When any budget has been increased, CONSULTANT's excess costs expended prior to
such increase will be allowable to the same extent as if such costs had been incurred after
the approved increase.
B. Method of Payment
The CONSULTANT shall be paid monthly upon receipt of an invoice on the basis of statements
prepared from the books and records of account of the CONSULTANT, based on the actual
hours and costs expended by CONSULTANT in performing the work. Each invoice is to be
verified as to its accuracy and compliance with the terms of this contract by an officer of the
CONSULTANT. Payment according to statements will be subject to certification by the CITY
that such work has been performed.
C. Summary of Total Project Fees
Task Description Total Dollars
Task 1: Management and Communication $422,695
Task 2: IPM and Organizational Development $276,194
Task 3: CIP Delivery $2,294,600
Task 4: Contractor Development $263,334
Task S: Public Involvement and External Communication $143,036
Task 6: Additional Services as Requested by City
6.1 SW PM & Admin Support $849,121
6.2 Additional Services (if authorized) $150,129
Total All Tasks $4,399,108
Total Labor Cost All Tasks $4,093,848
Total Reimbursable Direct Expenses $99,161
Total Subconsultant Markup (10%) $206,099
Total Project Labor & Expense Fee 4,399,108
City's M/WBE Goal 28%
H. Schedule
The schedule for Phase 3 is twelve (12) months.
Attachment B - City of Fort Worth Phase 3 IPM B - 2
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
There are no changes or amendments to the Standard Agreement
Attachment C - City of Fort Worth Phase 3 IPM C - 1
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT ORT11
COUNCIL ACTION: Approved on 10/27/2009 - Ord. No. 18884-10-2009 & 18885-10-2009
CONTINUED FROM A PREVIOUS WEEK
DATE: 10/13/2009 REFERENCE C-23842 LOG NAME: 02CH2MHILL
NO.: AGREEMENT PHASE 3
CODE: C TYPE: NON- PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize the Execution of a Professional Services Agreement with CH2MHill in the
Amount of $4,399,108.00 for Integrated Program Management, Phase 3 and Adopt
Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Storm Water Utility Fund in the amount of $541,723.00 and decreasing the unreserved,
undesignated fund balance by the same amount;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Park Gas Well Lease Fund in the amount of $98,494.00 from available funds; and
3. Authorize the City Manager to execute a Professional Services Agreement with CH2MHill in the
amount of $4,399,108.00 for Integrated Program Management, Phase 3.
DISCUSSION:
The City expects continued growth in capital project needs that are anticipated to reach $1.8 billion
over the next five years. In order to meet the challenge in delivering the unprecedented level of
capital projects needed, staff recommended that the City engage the services of an engineering
consultant to assist in the re -engineering of the City's capital project delivery system and provide
additional staff support to deliver projects.
On December 18, 2007, (M&C C-22596) the City Council authorized the execution of a Professional
Services Agreement in the amount of $3,844,653.00 with CH2MHill to assist the City in implementing
Phase 1 of its four -phase Integrated Program Management (IPM) initiative. On October 28, 2008,
(M&C C-23147) the City Council authorized the execution of a Professional Services Agreement in
the amount of $4,321,000.00 with CH2MHill for implementation of Phase 2 of the City's ongoing IPM
initiative. The Phase 2 contract was amended on July 14, 2009, (M&C C-23639) to provide additional
contract project managers and associated support staff to oversee the delivery of storm drainage
improvement projects for the City.
On October 6, 2009, staff and CH2MHill representatives provided the Council with an overview of
Phase 2 accomplishments and recommendations for implementation during Phase 3 of the IPM
initiative. It is anticipated that the completion time for Phase 3 of the IPM program will be
approximately 12 months.
Phase 3 services to be provided by CH2MHill include:
1. The integration of regular project schedule and status updates into standard City processes;
2. The focus of cultural change efforts on ownership of IPM improvements, strategic communications
between Program/Project Managers across the City, Project Manager/Construction Inspector roles
and responsibilities and Project Manager negotiation skills;
3. The delivery of project dashboard enhancements which improve the methods of viewing project
schedule and financial information;
4. The building of project delivery and contractor capacity/participation opportunities;
5. The transfer of ownership of IPM program processes and consultant responsibilities to City staff
resulting in sustainable, long term capital project delivery capabilities for the City; and
6. The provision of contract project delivery support services for storm water improvement projects to
be constructed by the City's Storm Water Utility.
By implementing IPM, the City expects to significantly increase its capacity to design and construct
capital projects Citywide. In addition, the City anticipates that there will be significant long term cost
savings achieved through the delivery of projects earlier and through efficiencies gained by
streamlining and the standardization of project delivery approaches across the City.
The professional services provided by CH2MHill will be on an hourly basis and a multiplier not to
exceed a cost of $4,399,108.00.
CH2MHi11 is in compliance with the City's M/WBE ordinance by committing to 39 percent M/WBE
participation. The City's goal on the project is 28 percent.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that, upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in
the current capital budget, as appropriated, of the Storm Water Utility Fund, Storm Water Capital
Projects 2007 Revenue Bond Fund, the Water and Sewer Operating Fund, the 2007 Critical Capital
Projects Fund and the Park Gas Well Lease Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)) PE69 539120 0209000 $541.723.00 11
C295 541200 201959990100
C282 446200 801930052319
2)1
C282 539120 801930052319
$98,494.00
$98.494.00
Submitted for City Manaaer's Office by
Oriainatina Department Head:
3)) PE45 539120 0709000
3)) PE69 539120 0209000
3)) P229 531200 VARIOUS
11
C282 539120 801930052319
3)) PE45 539120 0609000
Fernando Costa (6122)
Randle Harwood (6101)
Additional Information Contact: Doug Rademaker (6157)
$2,182, 000.00
$363.885.00
$541,723.00
$849.121.00
$98,494.00
$363,885.00
ATTACHMENTS
02CH2MHILL AGREEMENT PHASE 3 REC 1.doc
02CH2MHILL AGREEMENT PHASE 3 REC 2-Revised (2).doc