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HomeMy WebLinkAboutContract 40658 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § KNOWN ALL BY THESE PRESEN'T'S: COUNTY OF TARRANT § THIS AGREEMENT, entered into the day of 20_LD by and between the City of Fort Worth, a home-rule municipal corporatio situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant ity Manager, hereinafter called the "City", and Michael Baker, ,Ir., Inc., an independent contractor "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 the Feasible Options Study ("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 fall 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$201,000 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 clue within thirty (30) clays of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. mRECORD RETARY RTH, 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 Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two years, beginning upon the date of' its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 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 tile 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, agent';, 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 ConSUltallt shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting front an act of negligence, intentional tort, intellectual property infi-ingellent, 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. Prolissmn:il scfvwes ConnsoUanl Agreement 1'agc 2 of P) 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 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. Professional Liability $1,000,000 per claim and aggregate. Professional Liability insurance may be written on an ocau•rence or claims- made basis. If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that (lie coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement, al-6 for five (5) years following completion of the service provided under the contractual agreement, or for the warranty period, whichever is longer. Are annual certificate of insurance submitted to the City shall evidence coverage. 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. Proll'siioual S-n icc� ('wisuluml AKreemew Rev 10 6 09 Page 3 of 16 b. Certificates of Insurance shall be delivered to the TPW Storm Water Management Division, Attention: Don McChesney, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentt«ion 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. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. in the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 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. Prutcs,ionitl Sery ices Consultant i\grerment Rcv 106,09 Paige 4 o1 16 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 tet-nination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit"1311 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 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 f=inal 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. Pfotesslwml scr.,:Qs C'on�ult;uu lcrrrmcni Rev 10 6 09 Page 5 of 16 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 regUlatlOnS 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 l;-; 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 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 Profcssiomll S-'nv ices Consultant Agreement Rev 10609 Page 6 of 16 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: Don McChesney TPW Storm Water Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Michael Baker Jr., Inc. Attn: Christopher A. Johnson, P.E. 101 South Locust Street Suite 300 Denton, TX 76201-6046 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. (Remainder of Page Intentionally Left Blank) Protcsstoiml Services Consultant Agreement Rev 10 6 09 Page 7 of 16 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: MICHAEL BAKER JR.,INC. Fernando Costati Assistant City Manager Christopher A.John n, P.E. A',Vice President RECOMMENDED: RECOMMENDED: William A. V rkest, P.E. ue tt5'r Department of Transp Ration and Public Work APPROVED AS TO FORM AND LEGALITY: 11 AVA 2 f2�. C Xsysistan—t dity Attorney ATTEST: Marty Hendrix ia" R -yam_�`= City Secretary a 0� 0000r° on tract Authorization� Date �vo 0S� Date o 0 °0°0000°0000 axA Professional Services Consukant Agreement Rev 10.6.09 Page 8 of 16 ATTACHMENT "A" FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 SCOPE OF SERVICES Michael Baker Jr., Inc. (Baker) is pleased to present this scope of work to the City of Fort Worth to conduct a high-level planning study and peer review for the Central Arlington Heights (CAH) and Forest Park-Berry (FPB) watersheds in Fort Worth, Texas. Detailed planning studies have been recently completed for these two watersheds; however solutions recommended by these studies have high costs and other characteristics which would snake them difficult to implement by the storm water utility. The general goals of this study are: 1. To identify less costly options for addressing drainage and flooding concerns it these watersheds; 2. To identify a prioritized, phased approach to a long term solution that will result in incremental benefits as finding is available to execute each phase; and 3. To identify strategies to apply to the entire storm water program in the identification of future projects to ensure that they are reasonable and affordable. The primary objectives of this study relate to the two watersheds, and are as follows: 1. Identity successful flood mitigation strategies used by other cities facing similar drainage and construction problems, 2. Provide an independent and unbiased peer review of the problems and proposed solutions from previous detailed engineering studies in the two watersheds; 3. Identify and formulate any additional structural and non-structural options that might provide significant cost savings or lend themselves to easier implementation, compared to previously identified alternatives; and 4. Lead a stakeholder staff and consultant panel review of the expanded spectrum of available solutions for the two watersheds. The secondary objectives of this study relate to the overall storm water program, and are as follows: 1. Development of performance measures for objectively demonstrating the level of success of the City's storm water program; and 2. Development of a general approach or strategy for addressing other flooding problems throughout the city that are of a similar nature to the specific ones evaluated for the two watersheds. The Baker team will be led by a diverse group of professionals known as the Peer Review Team (PRT). The PRT will consist of the following: Name Company Role Burton Johnson Baker Project Manager/PRT Leader Gerardo Ocanas Huitt-Zollars Civil Engineer/Hydrologist Pam Roach Pam Roach Public Relations Communications Mark Bowers HOK Community Planner David Yanke R.W. Beck Financial Planner I'iutc,;iu�ml Sen ices Consul!ant,lkrccmcnl Re%, M G 09 Page 9 of I h The scope of Nvork includes the following basic services: • Lead, attend, and support activities related to the project kickoff and orientation activities, including acquisition of data from the City of Fort Worth staff(staff). • Review programs of comparable cities. • Ferform project reconnaissance activities, including a review of past studies and a field visit, and the identification of goals, objectives, and constraints; problems and opportunities; and the adoption of project metrics to evaluate the performance of various alternative plans. • Formulate alternative plans to address storm water problems in consideration of the stated goals, objectives, and constraints. • Perform a comparative analysis of the identified alternatives, and select preferred alternative. • Attend a public meeting for each watershed, coordinate with stakeholders, and develop and implement a research based communication plan. • Conduct research into financial mechanisms and overall program financial scope. • Make recommendations in light of the primary and secondary objectives, and present findings to staff, stakeholders, and City Council. • Prepare interim reports and a final report presenting and supporting recommendations of the PRT. • Manage the study in order to ensure adherence to the scope, schedule, and budget. The following additional services may be provided as directed by staff. • Provide a detailed analysis and optimization of the recommended plans for each watershed, including the development of hydrologic and hydraulic models to simulate their performance. • Attend additional public meetings. • Visit comparable cont III unities. 'The following sections describe the scope of work in greater detail along with the proposed project schedule. Note that the project team will be referred to as the PRT, and that PRT activities noted below refer to at least one member of the PRT team, and not necessarily all members of the PRT team. hl addition, PRT team activities may be supplemented by staff from represented firms or by other silbcontractors. 1.0 PROJECT KICKOFF AND ORIENTATION The purpose of this task is to obtain base level data and information. The outcome of this task is acquired data and knowledge,and agreement on specific scope elements and approach. 1.1. Data Acquisition= Staff will make available and/or provide data related to the CAH and FPB watersheds and the previous studies. Specific data and information includes previous reports (including supporting data and models), complaint files, digital maps and exhibit:,, records from past public meetings, available newspaper articles, existing video of flood events, information regarding existing public or private sector plans (including neighborhood studies, speoitic site development plans, and parks, open space and trails master plans), and any other relevant data regarding the communities and projects. In addition, staff will provide pertinent information regarding the storm water program, including project list and financial data. 1.2. Kickoff Meeting—The MT will attend a kickoff meeting with staff. The meeting will include a review of the study scope and the establishment of project management mechanisms (d')cumelltation, assignment tracking, coordination, and controls). Staff will provide a PrukisstonalServices Consultant Agreement Rev 10 6 09 Page 10 of 16 presentation on the storm water program as well as the Mature of the flooding problems with a focus on the CAI-I and FPB watersheds. The PRT will present an overview of the planning process recommended for this study. The discussion will include planning for the public meetings to be held in each watersheds and the development of a communications plan, In addition, a list of questions for other communities will be developed (for use in Iie,,, 2.0). 1.3. Initial Field Visit — The PRT team will conduct an initial and brief field visit to the two watersheds. 2.0 REVIEW COMPARABLE CITIES The purpose of this task is to gain insights fi'Oill coill III till lties with challenges similar to Fort Worth, The similarities may lie in the specific infrastructure challenges, environmental challenges, funding challenges, and other similar challenges including frilly developed historic neighborhoods. The outcome of this task is knowledge of successes and failures Of others, and insights into how others have addressed similar challenges. Deliverable will include an Interim Memorandum summarizing the review. 2.1 Identify Comparable Cities—Approximately 6 communities with elements of problems similar to Fort Worth, or with storm water programs similar to Fort Worth, will be identified. The communities may have programs at various levels of success and maturity, and effort will be made to identify cities which have developed successful projects and programs that have successfully addressed Circumstances similar to those found in the two Fort Worth watersheds. This list may include Tulsa, OK; Louisville/Jefferson County, KY; Charlotte/Mecklenburg County, NC; and Houston/Harris County, TX. The PRT and staff will identify additional cities. The PR"I' will identify contacts in each community and will make arrangements for a phone interview with each, 2.2 Prepare Interview Questionnaire - The PRT team will prepare a questionnaire for the community interviews. This will be reviewed with staff in the Kickoff Meeting, and a final questiomlaire will be adopted. The questionnaire will be developed in consideration of the objectives of the interviews, which are to (1) gain an understanding of the specific approaches applied to address storm water and drainage challenges,(2)to learn from others, both what has worked and what has not worked, (3) to Iearn how communities measure potential solutions, (4) to learn how communities prioritize projects, (S) determine how communities fund projects, (6) to learn how communities address environmental challenges, (7) identify community desires related to public spaces and community connectivity, and (8) to learn how communities interface with the public with respect to their storm water and flooding projects. 2.3 Conduct hlitial Research and Interview — The PRT will perform initial research regarding each identified city to be interviewed. This research will include reviews of websites and news articles and discussion with corporate contacts familiar with tile COi11IllUllitiCS. The PRT will schedule and conduct phone interviews with each City. Fort Worth staff will be invited to participate in the interviews. The interview will involve the completion Of the questionnaire along with any other topical and relevant discussion. At the conclusion of the interview, the PRT will prepare an interview summary document and provide it to the interviewee for concurrence. 2.4 PRT Meetiniz with Staff— The PRT will prepare an interim report summarizing the Interviews with other cities, and will attend a meeting with staff to present the findings of'the interviews. Discussion will include lessons learned fi-oln the discussions and how they ma} apply to Fort Worth. A brainstorming session will be held regarding project metrics. Pnrle+sunml services l'onsultani Agreement Rev 10609 Page I 1 of 16 3.0 PROJECT RECONNAISANCE This purpose of this task is to synthesize data, past studies, and other information into usable information, and to establish a planning setting for the study and review. The outcome of this task is the adoption of objectives and constraints to guide the study, as well as the adoption of project metrics that support the evaluation of alternative plans in consideration of these objectives and constraints. In addition, an initial list of potential measures will be identified. 3.1 Review Previous Studies — The PRT will conduct a detailed review of the previous studies completed for the CAH and FPB watersheds. The team will also review related land use, neighborhood and urban design studies. The review will include the reports cind the Value Engineering Study, past flooding events, and other data provided by staff. The review will focus more on the planning elements of the studies, and less on the specific engineering and modeling elements of the studies. This review will include a meeting with the representatives from Freese R Nichols who performed the CAH study, and a meeting with representatives from AECOM who performed the FPB study. 'Phis meeting will be organized by staff. 3.2 Prepare Base Maps/Exhibits—Using the digital files provided by staff, the PRT will produce base maps to be utilized to prepare project exhibits and to support project meetings. 3.3 Develop Draft Project Metrics — The PRT will develop a methodology to evaluate and measure the effectiveness and viability of potential plan alternatives and projects. This development of metrics will be conducted based upon information learned in research of similar communities (item 2.3), and will consider the overal I objectives of the storm water program. 3.4 Reconnaissance Workshop-7 PRT and staff will attend a two clay reconnaissance workshop. The first day will consist of a field trip organized and led by staff. The second and possibly third day will consist of a meeting to cover the following: • Observations from field trip, and PRT questions for staff-discussion • PRT review of previous studies - discussion • Identification of problems and opportunities, along with statement of goals, objectives, and constraints—discussion and adoption • Adoption of final project metrics • Initial brainstorming to identify potential measures, including structural, non-s,11uchu'al, and low-impact measures — resulting in the identification of specific measures to be carried forward • Communications plan and stakeholder activity -discussion 4.0 ALTERNATIVE FORMULATION The purpose of this task is to formulate alternative plans that attempt to meet the plan objectives Without violating the constraints. The outcome of this task is a palette of alternatives for each watershed. Deliverables include an Interim Memorandum for each of the two watersheds (CAH and FPB)summarizing the formulation of the alternatives. 4.1 Jdentifv and Screen Measures — The PRT, through individual Work sessions, Will evaluate the measures identified in the Reconnaissance Workshop. , The initial evaluation will be qualitative in nature, and will entail only sufficient detail to determine if they Warrant further consideration. Pfotessional Sen ices Cornsilmml Agreement Re% 10609 Vage 12 of 16 Measures that do not address stated objectives or that violate constraints will be eliminated. Measures proposed in previous studies by others will be considered in the screening process. 4.2 Evaluate Measures — The PRT, through individual work assignments to appropriate members, will conduct amore thorough analysis of the measures carried forward from the screening process. This evaluation will entail sufficient detail to make rational evaluation of the measures, but will not include the development of hydrologic or hydraulic models(although existing models may be consulted). Elements of the evaluation will include the following: • Effectiveness of the measure, both in addressing basic storm water objectives and in stated secondary objectives • Conformance of the measure to stated constraints • Cost of the measure • Scalability of the measure (can the measure be implemented at a range of sizes, for a range of costs, resulting in a range of performance outputs) • "Phase-ability"of the measure, and how soon in the phasing are benefits realized • Implications of each measure as related to land use and urban design aspects • Acceptability of the measure, both in terms of the continunity and the natural, socioeconomic, and political environment • How well the measure can work in concert with other measures • The ability of the measure to address multiple objectives, including objective- beyond storm water management • The availability of additional funding sources for the measure 4.3 Alternative Brainstorming Session — The PRT will attend a meeting with staff to present the results of the evaluation of measures. Each measure will be discussed in detail, and decisions drill be made regarding the continued utilization of each. Additional brainstorming will be conducted to determine if there are other potential measures, as well as to identify likely alternatives (defined as combinations of one or more measures). 4.4 Alternative Formulation—The PRT, using both team work sessions and individual assignments, will evaluate the new measures and address questions and continents fi-om staff. The PRT will then formulate a palette of alternative plans for the two watersheds which vary in the composition of measures as well as the scale of various measures. The formulation will be conducted in consideration of the stated objectives and constraints, and alternatives will be formulated in a manner to best fit within the community. 5.0 ALTERNATIVE ANALYSIS The purpose of this task is to evaluate the alternatives and to select a recommended alternative. Alternatives will be evaluated by applying the adopted project metrics to each alter native with the goal of identifying the alternative that best meets the objectives without violating the constraints. The deliverable includes an interim Memorandum for each watershed (CAH and FPB) summarizing the alternative analysis and supporting the recommendation. 5.1 initial Alternative Analysis — The PRT, using group work sessions and some individual assignments, will perform an evaluation of each alternative. The analysis will be conducted at a level of detail sufficient to make judgments of the alternatives on the basis of adopted metrics. If necessary, minor refinements will be applied to the alternatives to improve their overall performance in meeting objectives or avoiding constraints. 11rofcssional sen ices tbnsuliant Agreement Rcv 10 6 09 Page 13 of 16 5.2 Alternatives Analysis Meeting—The PRT will attend a meeting with staff to present the results of the alternative analysis. Each alternative will be evaluated in detail. Field visits may be held to consider how well the alternative will mesh with the community or to evaluate the actual implement-ability of the alternative. During the meeting, the PRT and staff will jointly rank the alternatives. 5.3 Meet with Engineers from Previous Studies—The PRT and staff will meet with Freese& Nichols (CAH) and AECOM (FPB) and brief them on the results of the alternative analysis and to solicit their input on the evaluation and selection of preferred alternatives. 5.4 Identify Recommended Alternatives —The PRT will address any outstanding comments and/or perform additional analysis to ensure completeness of the planning study. After coordination with staff, the PRT will recommend alternative plans for each watershed, along with recommendations regarding implementation(phasing, for example), funding, and multiple use. 6.0 COMMUNITY RELATIONS AND COMMUNICATIONS The purpose of this task is to ascertain community acceptability of various plans. To accomplish this, representatives of the community will be informed and educated on the issues and challenges that the must be addressed in these two watersheds. The desired outcome of this task will be the informed consent of stakeholders in the two watersheds and the general public. Deliverables include an Interim Memorandum that describes the communications plan. 6.1 Initial Public Meetings --The PRT will attend a public meeting for each of the two watersheds. The meetings will be organized by and led by staff. The PRT will provide assistance to staff in publicizing the meeting and planning the meeting. The PRT will also assist stztf in preparing exhibits and presentation materials. The PRT will also prepare summary notes from the meeting. 6,2 Stakeholder Involvement—After the initial public meetings, the PRT and city staff will identify a select group of stakeholders to serve as citizen leaders for the CAH and FPB watersheds. The PRT will engage these stakeholders on a regular basis in order to give and receive feedback regarding the study as well as to solicit their participation in the planning process. A regular coordination schedule will be developed and adhered to, and could include stakeholder participation in all or portions of meetings between the PRT and staff. 6.3 Communications Plan — The PRT, in coordination with staff and the Community Relations Department, will develop a communication plan. The PRT will obtain data through available sources, the Community Relations Department, and through research to support the elements of the communications Ulan. The communications plan will be reviewed and approved by staff, and will then be implemented by the PRT and staff. The purpose of the communications plan is to facilitate the exchange of information between the public and the city, and to assist in educating and informing the public. 7.0 FUNDING AND FINANCE The purpose of this task is to identify and evaluate opportunities to leverage existing funding, and to evaluate the current goals and objectives of the Storm Water Program against current funding realities based upon the current rate schedule. Deliverables for this task inch L;e an Interim Memorandum summarizing these investigations and evaluations, and providing subsequent NCO]11mendatiolls. Proteti�.onal seniors ( unsullmll iAgrecnlcnt kev 10 6 09 Page 14 of 16 7.1 Identification and Evaluation of Funding Opportunities — The PRT will identify and analyze various funding mechanisms available to assist in the funding of projects. With guidance fi•om city staff, mechanisms to be considered include grant programs, state and federal partnerships, other public and private partnerships (including through time use of multi-purpose measures), and federal appropriations. In addition, various mechanisms such as special taxing districts, Public Utility Districts, and "fax Increment Reinvestment Zones will also be evaluated. These will be evaluated in terms of applicability, usefulness, desirability, and acceptability, as well as their restrictions and burdens. 7.2 Evaluation of Storm Water Utility Rate Structure — The PRT will evaluate the current rate structure and schedule with respect to the current program's goals and objecti•,-es. This will include a list of the identified needs. This analysis will be conducted in light of the conclusions found for the two watersheds being investigated as well as the study's conclusions related to the overall program (see secondary study objectives). In addition, the impact of the required rate Structure from each of the various alternatives will be identified. 8.0 STORM WATER PROGRAM RECOMMENDATIONS The purpose of this task is to apply knowledge obtained in the study of the CAI-I and FPB watersheds to the overall Storm Water Management Program. 8.1 Pro€Dram Recommendations - The PRT will make recommendations to staff regarding the entire storm water program. These recommendations will be based upon the research and findings of the study of CAI-I and FPB, and will include recommendations regarding project planning, storm water measures, communications, project metrics, and funding. The recommendations will be included in the final project report and presentations. 8.2 Scope Recommendations - Specific recommendations will be made for the development of future scopes of services for a typical Watershed Planning Study. 910 DELIVERABLES 9.1 Interim Memoranda — The PRT will prepare interim memoranda documenting the results of certain activities. These documents will be draft in nature. Any co.nments received will be addressed in the final report at the conclusion of the study. The interim memoranda will include, but not be limited to, documents describing the interview with other communities, the communications plans, the results of the public meetings, the screening and evaluation of measures,the identification and evaluation of alternatives,and funding. 9.2 Final Report — At the conclusion of the study, the PRT will prepare a report documenting and summarizing the planning study. The report will include specific recommendations regarding the CAH and FPB watersheds, as well as recommendations for the overall storm water program. The report will be composed to specifically address the stated primary and secondary objectives of the study. Recommendations will include cost estimates and implementation plans. The report will be signed and sealed by a Professional Engineer registered to practice in the State of Texas. 9.3 Watershed Planning Study Scope Guidance Document - The PRT will prepare a guidance document to be used by staff in the development of future scopes of work for watershed planning studies. This document will be in a format suitable for inclusion in a standard scope of services. Proltwonal Sri\'Ices C oo,ulumt,Aueenient Rev 10 b 09 Page Is of 10 9.4 Final Presentation—The PRT will develop a Power Point presentation summarizing the planking study, including a summary of the results and recommendations. The I'R'T will present the findings to City Council and stakeholder groups as directed by staff. It is estimated that the total number of presentations will not exceed four. 10.0 PROJECT MANAGEMENT AND COORDINATION 10.1 Coordination and Meethms — The PRT will have scheduled inter-team coordination meetings. Meetings between the PRT and staff will occur as listed in the scope. Any additional meetings will be held on an as-needed basis. 10.2 PRT Documentation and Responsibility Assignment Tracking—The PRT and staff will develop a tool to document PRT activities and to track assignments. This tool may be in the form of a SharePoint site or some other on-line collaboration site, or it may be in the form of a tracking spreadsheet. 10.3 Project Reporting,Management and Imvoic„ i — The Baker Project Manager will provide staff with monthly progress reports and invoices. 11rufewonal Ser%ices Consultant Agreemcnt Rev 10 G 09 Page 16 or 16 ATTACHMENT $'B" FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 COMPENSATION AND PAYMENT SCHEDULE A. The Engineer shall be compensated a total project fee of $201,000.00, including a lump sum fee of $201,000.00 for Basic Services and $0.00 for Additional Services. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid in accordance with "Exhibit B-1", Supplement to Attachment B. Each invoice from the Engineer shall be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. C. A summary of current hourly billing rates is provided in Exhibit "B-2". Additional tasks that may be assigned, not currently in the scope, may be billed and paid on an hourly basis at the billing rates provided in Exhibit "B-2". No additional tasks will be performed without prior written authorization from the City of Fort Worth. D. Professional Services Fee summary is provided in Exhibit "B-3". E. Total project fees including MWBE participation is provided in Exhibit "B-3A". AT TACHNIEN 1"f3" Page 1 of 1 EXHIBIT "13-1" (SUPPLEMENT TO ATTACHMENT B) FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 METHOD OF PAYMENT & PROGRESS REPORT REQUIREMENTS I. Method of Payment Partial payment shall be made to the Engineer monthly 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: 95% of the total lump sum fee The balance of fees, less previous payments, shall be payable after delivery of the FINAL report and electronic files. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Transportation/Public Works monthly progress reports covering all phases of the analysis in the format required by the City. B. Periodic reports concerning MWBE participation shall be submitted as required by the MWBE Office. EXHIBIT°B-1" Page 1 of 1 EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 HOURLY RATE SHEDULES A summary of current hourly billing rates is provided below: Principal-in-Charge $200 — $220 Financial Planner $180 — $220 Project Manager $180 — $200 Sr. Urban Designer $170 — $210 Senior Professional Engineer $150 — $200 Junior Professional Engineer $120 — $150 Utility Analyst $130 — $150 Outreach Coordinator $110 — $125 PR Strategist $100 — $120 Landscape Architect $90 — $125 Engineer-in-Training $90 — $120 Sr. GIS $90— $120 Jr. GIS $70 — $90 Engineering Intern $50 — $70 CADD Technician $60 — $90 Clerical $50— $75 EXHIBIT"B-2" Page 1 of 1 EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT B) FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 PROFESSIONAL SERVICES FEE SUMMARY Task Task Name Fee No. 1.0 Project Kickoff and Orientation $3,400 2.0 Review Comparable Cities $5,200 3.0 Project Reconnaissance $22,500 4,0 Alternative Formulation $21,900 5.0 Alternative Analysis $21,100 6.0 Community Relations and Communications $71,100 7.0 Funding and Finance $11,100 8,0 Storm Water Program Recommendations $4,000 9.0 Deliverables $27,100 10.0 Project Management and Coordination $13,600 Service Total $201,000 EXHIBIT [3-3 Page 1 of 1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) FEASIBILE OPTIONS STUDY Storm Water Management Study No. SWM-001 SUMMARY OF TOTAL PROJECT FEES Consultinq Firm Prime Responsibility Amount Percent Michael Baker Jr., Inc. Planning, Engineering, and $127,850 63.6% Project Management Huitt Zollars, Inc. Engineering and Hydrology $15,000 7.5% HOK, Inc. Community Planning $15,000 7.5% Pam Roach Public Relations Community Relations and $25,000 Communications 12.4% RW Beck, Inc. Financial Analysis $10,000 5.0% Green and Sustainable Engineering, Low Impact, $8,150 4.0% Services and Communications Total for Professional Services $201,000 100.0% MWBE Subconsultant Participation Consultant MWBE Fee Percent Pam Roach Public Relations $25,000 12.4% Green and Sustainable Services $8,150 4.0% Total MWBE Services $33,150 164% Non-MWBE Participation Work Description Fee Percent Michael Baker Jr., Inc. $127,850 63.6% Huitt Zollars, Inc, $15,000 7.5% HOK, Inc. $15,000 7.5% RW Beck, Inc. $10,000 5.0% Total Non-MWBE Participation $167,850 83.6% EXHIBIT'B 3A" Page 1 of 1 ATTACHMENT "C" FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Article 7 — The following language is added to the section: "which shall not be unreasonably withheld, conditioned or delayed." Article 9, Section (c): the language "upon providing prior notice," is added to the second sentence after "access"and before"during normal working hours". ATTACHMEN r"C" Page 1 of 1 ATTACHMENT "D" FEASIBLE OPTIONS STUDY Storm Water Management Study No. SWM-001 PROJECT SCHEDULE Task No. Task Name Start End 1.0 Project Kickoff and Orientation 7/19/10 7/26/10 2.0 Review Comparable Cities 7/26/10 8/16/10 3.0 Project Reconnaissance 7/26/10 8/23/10 4.0 Alternative Formulation 8/23/10 10/25/10 5.0 Alternative Analysis 10/25/10 11/15/10 6.0 Community Relations and Communications 7/19/10 12/6/10 7.0 Funding and Finance 8/19/10 11/15/10 8.0 Storm Water Program Recommendations 11/15/10 11/22/10 9.0 Deliverables 7/19/10 12/6/10 10.0 Project Management and Coordination 7;19/10 12/6/10 ATTACHMENT"D" Page 1 of 1 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT`'ORTli CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 6/15/2010 DATE: 6/15/2010 REFERENCE **C-24265 LOG NAME: 20SWMFEASIBLEOPTIONS NO.: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Agreement with Michael Baker, Jr., Inc., in the Amount of$201,000.00 for the Selection of Feasible Options for the Central Arlington Heights and Forest Park-Berry Watersheds (COUNCIL DISTRICTS 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Michael Baker, Jr., Inc., in the amount of$201,000.00 for the selection of feasible options for the Central Arlington Heights and Forest Park-Berry Watersheds. DISCUSSION: Due to significantly undersized storm drain systems, many of the older parts of Fort Worth are subject to severe localized flooding during heavy rainfall events. In order to develop a plan to address this flooding, Watershed Planning Studies were begun in several large storm drain watersheds in 2004. The studies included mapping of the systems, developing complex dynamic hydraulic models and reviewing three alternative solutions in each watershed. Traditional drainage improvements were found to address flooding in the two smallest storm drain systems, but no cost-effective alternatives were identified in the remaining three systems. Two of these storm drain systems, Central Arlington Heights and Forest Park-Berry, serve neighborhoods which experienced devastating flooding in 2004. After completion of the initial studies, expanded alternatives studies were performed in these two watersheds, culminating in a value engineering workshop held in May 2009. Various alternative costs ranged from $27 million to $173 million, with the alternatives recommended by the value engineering team costing $29 million for Central Arlington Heights and $49 million for Forest Park- Berry. Recognizing that implementing projects of such magnitude at numerous locations throughout the city is cost prohibitive, staff issued a Request for Proposals (RFP) for an oversight panel to: re-evaluate the assumptions and findings of the engineering studies; include land planning, neighborhood communication, and financial analyses to help in the selection of feasible options for these storm drain systems; and provide a strategic framework for assessing and developing feasible solutions to flooding problems in the other large storm drain systems around the city. The evaluation conducted through this agreement will be informed by best practices from around the country and the use of an objective, cost/benefit approach to determining optimal solutions to flooding problems. A total of eight proposals were received in response to the RFP and Michael Baker, Jr., Inc., was selected from the four proposers who were invited for interviews. Michael Baker, Jr., Inc., proposes to perform the work for a lump sum fee of$201,000.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Storm Water Utility funds will be used for this study. Michael Baker, Jr., Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation The City's goal on this project is seven percent. This project is located in COUNCIL DISTRICTS 7 and 9. http://apps.cfwnet.org/council_packet/mc_review.asp?1D=13493&councildate=6/15/2010 7/20/2010 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Storm Water Utility fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531200 0209202 $201,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Don McChesney (7901) ATTACHMENTS http://apps.cfwnet.org/councilpacket/mc_review.asp?ID=13493&counciIdate=6/15/2010 7/20/2010