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HomeMy WebLinkAboutContract 30743 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and AMEC Earth & Environmental, Inc., (the "ENGINEER"), for a PROJECT generally described as: Comprehensive Storm Water Management Studv. Article I Scope of Services A. The Scope of Services is set forth in Attachment A, which consists of Phase I and Phase II services. Phase II services are not funded and are not to be performed until such time as the City Council of the City of Fort Worth may approve an amendment to this AGREEMENT. At that time, the City will prepare a written amendment to this AGREEMENT for execution. Nothing contained herein shall be construed to mean that City will approve an amendment for Phase II services. Article II Compensation A. Attachment B hereto sets forth the compensation to be paid to ENGINEER for Phase I and Phase 11 services. Phase II services are not funded and are not to be performed until such time as the City Council of the City of Fort Worth may approve an amendment to this AGREEMENT. At that time, the City will prepare a written amendment to this AGREEMENT for execution. Nothing contained herein shall be construed to mean that City will approve an amendment for Phase 11 services. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final :payrnent of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested ORIGINAL will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (6) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed unan i underground conditions may occur that could affect the tot I PR6jE&to- st and/or execution. These conditions and cost/execution e ects;are`�tot the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEE shall be entitled to rely upon such certification to establish materials, SyStE ms oroquipment and performance criteria to be required in the Contract Do urrments'_. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for-.the participation of minority business enterprises and woman busin ss_enterp_rises _iry City contracts. Engineer acknowledges the M/WBE goal es btished4or_- this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to -the effect that the subconsultant 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 and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the 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 together with subsection (3)hereof. CITY shall give sub- consultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limi s o#tovera `r''7 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 Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in it iscretion; and, in lieu of traditional insurance, any alte ative --coverage maintained through insurance pools or risk retentio groups:MM::be. I also approved. Dedicated financial resources or le rs�'af cre'df--'nay also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. Q) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of -the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGIIVEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made Ltei;Z� closure in writing of any existing conflicts of interest or potential conflicts of i iricJ�c personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGIIVEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as - r-the ENGINEER's performance of its services and will provide I bor,�and safety equipment as required by the ENGINEER for such access. The ITY. -;w4l perform; at no cost to the ENGINEER, such tests of equipment, machiney, ppel# s;'anl other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely mariner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if such hazardous substance, contarninant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the pr is i6.s bfAttitle - IV.E. regarding the ENGINEER's Personnel at Construction Sit , arid_provisions. providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended_ or a_separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause 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. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete t'Udle�,,-:-Mans; specifications orotherforms of ENGINEER'S work p dui ;+ b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed. by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort includi211 egligence, strict or statutory liability, or any other cause of action, except for lf I mtscbnduct or gross negligence for limitations of liability and sole negligence foq ind mriffidation. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that -the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federe I anS?taee_.taws _ and regulations and with all City ordinances and regulations ieh- ire- any.= 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. ENGINEER 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 VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments �,�f Executed this the I day of �JLl D IQ, , 20 ATTEST: CITY OF FORT WO fNA Assistakt�g' age Marty A. Hendr City Secretary APPROVED AS TO FORM Contra uthoriz tion AND LEGALITY Q c4Q Date Assistant City Attorney ATTEST: ENGINEER - By: Fy. o fl, TEN. FLIRTORTH amecO ATTACHMENT A SCOPE OF SERVICES For Comprehensive Storm Water Management Study Phase I — Program Development I. Task I — Current Services, Data Tools and Program Expenses Task I-A: Evaluate Existing Storm Water Programs: Subtasks I-A: 1. Create internal staff team and hold kickoff meeting. 2. Review NPDES permit, existing documents, interview staff, quantify issues/costs/goals, review ordinances. 3. Prepare report on existing conditions and present to internal and external committees. Deliverables Task I-A: 1. Report on current program including regulatory challenges and organizational issues. 2. Two meetings with internal staff team and one meeting with Citizens Advisory Committee. Task I-B: Develop Cost Model and Populate: Deliverables Task I-B: 1. Cost Model for storm water services (as defined by internal team). 2. City to populate cost model —AMEC will review for completeness. 3. AMEC prepares a summary report on costs. Task I-C: Evaluate Data Systems: Subtasks I-C: 1. Identify and evaluate materials and information needed during the development and implementation of storm water user fee; 2. Identify and evaluate tools needed to support changes in policy/performance standards for system development and management. 3. Identify gaps and deficiencies in the information, systems, and procedures, and suggest remedies to those data gaps. 4. Recommend how and when the materials and information should be assembled. 5. Review and evaluate existing methodologies for integration of a parcel identification number within the current Utility billing system so that each customer account is linked geographically to the location of the meter/account in Fort Worth. Page 1 of 12 September 22, 2004 FUST WQRTH ameO 6. Develop a detailed methodology and schedule for the development of the master account file for the use in a storm water utility. 7. Develop strategy for expansion of existing or implementation of new technology tools. Deliverables Task I-C: 1. Memorandum on the data system issues and needs. 2. Two internal staff meetings regarding data systems and review of analysis. 3. Memorandum on creation of the Master Account File for a storm water utility including a budget for Phase II of this contract. II. Task 2 Communications, Benchmarking, Public Education Task 2-A: Develop Communications Plan and Implement Phase I Elements. Subtasks 2-A: 1. Evaluate existing communications tools. 2. Prepare a Communications Plan outlining short term and long term strategies. 3. Develop enhancements for the City's web site as one known strategy for outreach. 4. Prepare fact sheets (3), and one brochure for printing by City. Deliverables Task 2A: 1. Draft and Final Communications Plan with budget assessment. 2. One Meeting with internal staff and Advisory Committee. 3. Web site enhancement in appropriate software, initially as a draft content and layout for approval, working with internal staff team and webmaster. 4. Three fact sheets that can be used for handouts, mailings, briefings of stakeholder groups and general public use. 5. Camera ready copy brochure for printing by City (may be used as a billing insert, if appropriate). Task 2-B: Benchmark Storm Water Programs: Subtasks 2-B: 1. AMEC will prepare factors/questionnaire for use in gathering data on up to 10 key factors from other communities. 2. AMEC and staff will identify five communities for comparative process. 3. City staff will complete data gathering. 4. AMEC will review data for completeness and recommend if additional data is needed. 5. City staff will summarize data and present to internal staff team. Data will be used in presentations to Council, Advisory Committee and in PE program. Page 2 of 12 September 22, 2004 FORT WORTH ame Deliverables Task 213: 1. Questionnaire/program factors for use in benchmarking. 2. Review of data gathered and recommendations on clarification or additional details to be gathered. III. Task 3: Program Objectives and Principles, Gap Analysis, Benchmark Evaluation and Cost of Service Analysis. Task 3-A. Establish Program Objectives and Principles. Subtasks 3-A: 1. Prepare a draft discussion paper based on the input in Task 1A, Task 1 B and input from staff and the Citizens Advisory Committee. 2. Draft statement of program objectives and principles. Deliverables Task 3-A: 1. Draft and final discussion paper. 2. Two meetings with internal staff committee and two meetings of the Advisory Committee. 3. Draft statement of program objectives and principles. Task 3-13. Define Comprehensive Storm Water Program: Subtask 3-13: 1. Complete gap analyses. Address organizational recommendations, capital improvements, environmental quality of life issues, regulatory compliance, City practices and procedures and integration of iSWM. 2. Develop a five year program approach to integration of new design standards, City service enhancements, and organizational changes. 3. Meet with internal staff team and the Citizens Advisory Committee for comment and input. 4. Prepare a draft report on the five-year storm water program implementation plan. 5. Prepare briefing materials, presentation materials for use with the internal staff committee, the Citizens Advisory Committee and the City Leadership, including City Council. Deliverables Task 3-13: 1. Two internal staff team meetings and one advisory committee meeting. 2. Summary of issues and challenges (based on gap analysis) for integration of iSWM and other policies, program strategies and organizational changes into the existing storm water management program and tools. 3. Five year program plan for storm water management, including recommendations on policy and changes in services. 4. Presentation of program recommendations, including policy changes, to City Leadership and City Council as appropriate. Page 3 of 12 September 22,2004 FORT WURTH ametqO Task 3-C: Analyze Existing Ordinances and Standards: Subtask 3-C: 1. Complete analysis of existing ordinances and standards to recommended policy and strategies and update appropriate language/documents. 2. Prepare recommendations on changes to the existing storm water design standards for integration of new policy and iSWM. 3. Prepare draft ordinance language to incorporate changes recommended in policy and design standards. 4. Prepare an updated Manual for integration of policy recommendations for standards of performance and program structure. 5. Present standards and policies to City Council for adoption, along with Manual updates. Deliverables 3-C: 1. With the assistance of City staff, meet with key stakeholders, such as developers and engineering community, to gain input, to educate on potential changes and to review recommendations. AMEC Team will participate in two stakeholders meetings where there are multiple attendees. 2. Draft ordinance language for changes in policy and/or performance standards. 3. Draft and final Manual for integration of iSWM and other recommended policy changes. 4. Presentation to the City Council for adoption of Manual, new standards and policies. Task 3-D: Establish Cost of Service for Comprehensive Storm Water Management Program: Subtasks 3-D: 1. Populate the Cost Model with projected costs for the five year program plan identified under Task 3B. 2. One meeting with the internal staff team and one with the Citizens Advisory Committee, for their review and input. 3. Finalize the Cost of Service analysis and provide a written report to staff, City Leadership and the City Council. Deliverables Task 3-D: 1. Cost of Service draft report. 2. Presentation of data to internal staff team and Citizens Advisory Committee. 3. Cost of Service final report based on input from staff, Citizens and City Leadership. Page 4 of 12 September 22,2004 FORT WORTH amecO Task 3-E: Analyze Funding Strategies: Subtasks 3-E: 1. Evaluate existing fees and other revenues used in Fort Worth to support all elements of storm water management. 2. Compare projected financial needs to existing resources 3. Prepare discussion paper on funding strategies and issues and meet with internal staff team and other City leadership as appropriate (e.g., Finance and Budget staff). 4. Finalize recommendations on funding strategy. Deliverables Task 3-E: 1. Discussion paper on funding strategies and issues including a presentation to appropriate City staff. 2. Report on funding strategies in draft and final. Phase II — Program Implementation IV. Task 4: Funding Analysis, Rate Structure Analysis, and Implementation Plan for a Storm Water Utility Task 4-A: Analyze Rate Structures: Subtasks 4-A: 1. Evaluate rate structure options. 2. Prepare draft recommendations on rate structures and rate modifiers that are appropriate. 3. Finalize recommendations and prepare a discussion paper based on feedback from internal staff. 4. Meeting with the internal staff team and the Citizens Advisory Committee for input on such issues as who should pay (tenant or owner), exemptions and credits. 5. Prepare an ordinance for creation of the storm water utility, without a rate schedule, for adoption by the City Council. 6. Present to the City Council. Deliverables Task 4-A: 1. Draft recommendations on rate structure and rate modifier options. 2. Presentation with discussion paper to Citizens Advisory Committee and internal staff team. 3. Final report on rate structure/modifiers. 4. Draft ordinance technical language for use by the City Attorney for Fort Worth in preparation of an ordinance for creation of the storm water utility. 5. Presentation of the storm water program and ordinance to the City Council for adoption, along with changes in policy developed under Task 3 above. Page 5 of 12 September 22,2004 FORT WORTH acne Task 4-13: Develop Storm Water Utility Plan. Subtask 4-13: 1. Complete a process-flow analysis to complete the implementation of the storm water utility. 2. Identify the integration issues and strategies for upload of the Master Account File into the City's Utility Billing System. 3. Finalize the schedule for public outreach and education. 4. Complete a process-flow analysis for long-term management of the Master Account File. 5. Complete process-flow analysis of the customer service and support process. Deliverables Task 4-13: 1. Meeting with the internal staff committee on the integration issues and process, and a meeting to present recommendations to the committee for feedback and input. 2. Update of the Communication strategy as appropriate. 3. Process for long-term management of the Master Account File. 4. Process for customer service support for the storm water program over the five year planning period. V. Task 5: Final Rate Study, Development of Impervious Areas and Analysis for Rate Impacts, Creation of the Master Account File Task 5-A: Develop Parcel Database: AMEC will create a digital layer, on a parcel basis, the captures imperviousness for each parcel based on the definition of "imperviousness" agreed to by the City and the AMEC Team. AMEC will sample 300 single family, detached residential parcels to create a recommended billing unit for all other parcels. AMEC will secure new aerial imagery for use in the digitizing of imperviousness for all non- single detach residential parcels. The digital product will be fully integrated into the Fort Worth GIS system. AMEC will field verify the one-hundred largest parcels of imperviousness to ensure that the fee calculation is accurate, adjusting the digital file appropriately. AMEC will utilize the internal stakeholder committee for discussion of technical issues relating to the creation of the digital layer as well as the format of the database developed for the Master Account File. Assumptions for development of impervious layer: 5-A.1 New imagery will be secured by the AMEC Team. 5-A.2 Non-single-family residential parcels impervious area will be digitized by the AMEC Team. 5-A-3. The one-hundred (100) largest areas of imperviousness on single parcels will be field verified by the AMEC Team. 5-A.4. Single-family residential parcels will be billed at a flat-rate, each parcel charged at the same rate, based on a statistical sample of 300 single-family parcels. This will be called the "Equivalent Rate Unit" and will be used to Page 6 of 12 September 22,2004 FORTWORTH ameO determine the number of billing units on each Non-single-family-residential parcel. 5-A.5. The City's existing Utility billing system will be used to distribute the storm water bill. 5-A.6. The City's current GIS system datasets include a digital parcel boundary layer that is up to date. AMEC will not adjust parcel boundaries in this process. Subtasks 5-A: 1. Capture of new imagery. 2. Establish process for capturing new imperviousness created after date of new imagery; meet with internal staff team to gain consensus on process. 3. Establishment of definition for "imperviousness" that will be used as the basis for billing each developed parcel. 4. Establish standards for digitizing of non-single-family-residential parcels. 5. Complete digital layer, compatible with the City's GIS system. 6. Field verification of 100 parcels with the largest amount of imperviousness on a per-parcel basis. 7. Recommend long-term maintenance strategy for ensuring that the digital impervious layer is up-to-date for support of the billing process. 8. Complete statistical analysis of single-family residential parcels and prepare memorandum on the recommended Equivalent Rate Unit. 9. Present summary of findings to the internal staff team for finalization of any outstanding policy issues regarding data and data management for the utility. Deliverables 5-A: 1. Two meetings with internal staff team. 2. Digital layer of imperviousness by parcel for non-single-family- residential parcels. 3. Summary of all policy decisions made in the establishment of the Equivalent Rate Unit and the recommended unit. 4. Presentation of findings and results to internal staff team. Task 5-B: Final Rate Study: This Task is dependent on 5-B and policy decisions that impact the calculation of the impervious area process. It is anticipated that three iterations of the rate model will be completed to create the final rate recommendation. Subtasks 5-B 1. Develop interactive rate model and calibrate with Cost of Service Report. 2. Populate rate model and finalize utility policy 3. Brief Citizens Advisory Committee and internal staff team; receive feedback and recalibrate model. 4. Prepare the Rate Study report and present to staff as a draft; receive feedback and finalize Rate Study report. Page 7 of 12 September 22, 2004 FORT WORTH a mec,9 5. Prepare the technical language for a Rate Schedule Ordinance that will codify the rate recommendation for adoption by the City Council. Deliverables 5-B: 1. Rate model policy issues memorandum. 2. Meeting with staff team and meeting with Citizens Advisory Committee. 3. Draft and final Rate Study report. 4. Draft language for Rate Schedule Ordinance 5. Presentation of Rate Study to the City Council for Rate Schedule adoption. Task 5-C: Create Master Account File: Assumption: This task assumes that all single family residential parcels will be billed a flat fee of equal value and that all non-single detached residential parcels will be measured for imperviousness, regardless of land use. Subtask 5-C: 1. AMEC will build a database of all billable parcels with impervious area, calculating the monthly (or quarterly, depending on frequency of billing) fee due for each individual parcel. 2. AMEC will train staff on the maintenance of the Master Account File. Deliverables 5-C: 1. Master Account File for all billable parcels. 2. Create and quality-control the Master Account File for storm water fee. 3. Memorandum on procedures for long-term maintenance of the digital impervious layer. 4. On-site training for staff to maintain the master account file. VI. Task 6: Implementation of the Storm water Utility, and On-going Support Task 6-A: Develop "Storm Water Utility Manual": Subtask 6-A: Document all decisions, policy, procedures and long-term management of the storm water program and the utility. Provide 5 copies of the document to the City. Deliverables 6-A: Five (5) copies of the Storm water Utility Manual within thirty (30) days of adoption of the Rate Schedule Ordinance. Page 8 of 12 September 22,2004 FORTWORTH aa*0 Task 6-B: Develop Customer Service Process: Subtask 6-B: 1. Create a flowchart for customer service, tracking points of contact, methods of coordination and responsibility for feedback to the customer. Meeting with internal staff team to gain consensus on process. 2. Identify tools for use with current technology of the City. 3. Develop software for the City that can be integrated with the GIS and the Master Account File for managing customer service, 4. Prepare report on Customer Service process, tools and implementation. 5. Provide on-site assistance for one-month to train customer service staff, handle issues from citizens, meet with internal staff team, prepare presentation materials for staff and follow-up on any adjustments needed to customer service support software or processes. Deliverables 6-B: 1. Software, compatible with City computer systems, to track customer assistance. 2. Two meetings with internal staff including on-site training of staff on customer service 3. Report on Customer Service process, tools and implementation procedures. 4. On-site assistance for one month, by one AMEC staff, 5. One month technical assistance to support all customer service processes and procedures for effective management of the storm water program and utility. Task 6-C: Post-implementation Support: Subtask 6-C: AMEC team will provide on-going technical assistance to the City for six months after implementation of the first billing cycle. Deliverables 6-C: 1. One visit for each of 6 months, by one AMEC staff 2. On-call assistance by phone or email on issues of concern defined by the City staff. Task 6-D: Communications Tools for Public Outreach in Phase II Subtasks 6-D: 1. Prepare a PowerPoint presentation and script for use by City staff. 2. Schedule outreach activities and speakers bureau to reach Stakeholder/Civic groups. 3. Prepare News Articles Page 9 of 12 September 22,2004 FORT WORTH amec19 Deliverables 6-D — Communications Tools for Phase II: 1. PowerPoint presentation with script for use by staff in outreach through a speaker's bureau. Ten such events will be coordinated by the AMEC Team. 2. Up to ten (10) story-lines and draft articles for use by staff for internal publication, distribution to the media, or distribution to other professional publications such as a newsletter for the Chamber or other stakeholder organizations. VII. General Deliverables: AMEC will provide general deliverables as part of any meeting, policy review, presentation to staff, leadership, the Citizens Advisory Committee or City Council. In some cases these are already identified under specific tasks above. This section is meant to summarize AMEC's responsibility to the City for documentation. AMEC will provide meeting minutes in draft and in final form, presentation materials (PowerPoint slides), draft discussion papers and final policy statements for all meetings with the Citizen Advisory Committee, internal staff team and with City leadership. Page 14 of 12 September 22,2004 FORTWORTH amecO City of Fort Worth Comprehensive Storm Water Management Study Exhibit A-1 Budget by Task Detail Labor Task Task Description Hours Expenses Bud et Phase I I I-A Evaluate Existing Storm Water Programs 208 $ 8,786 $ 37,126 I I-B Develop Cost Model and Populate 100 $ 2,162 $ 16,382 I I-C Evaluate Data Systems 168 $ 2,000 $ 24,080 II 2-A Develop Communications Plan and 60(Plan) $ 24,392 $ 45,568 Implement Phase I Tools 100(Tools) II 2-B Benchmark SW Programs 32 $ 2,392 $ 6,732 III 3-A Establish Program Objectives and Principles 136 $ 2,162 $ 23,362 III 3-B Develop Comprehensive SWMP 572 $ 6,601 $ 63,861 III 3-C Analyze Existing Ordinance and Standards 196 $ 4,324 $ 24,724 III 3-D Establish Cost of Service for 168 $ 5,404 $ 33,085 Comprehensive SWMP III 3-E Analyze Funding Strategies 140 $ 4,324 $ 26,804 Phase I Total Budget $301,724.00 Phase II IV 4-A Analyze Rate Structure 220 $ 4,324 $ 43,824 IV 4-B Develop Storm Water Utility Plan 184 $ 3,496 $ 25,176 V 5-A Develop Parcel Database 3040 $ 49,243 $ 308,303 V 5-B Final Rate Study 432 $ 6,486 $ 74,566 V 5-C Create Master Account File 396 $ 1,081 $ 45,440 VI 6-A Develop Storm Water Utility Manual 488 $ 4,324 $ 63,964 VI 6-B Develop Customer Service Process 400 $ 4,071 $ 53,111 VI 6-C Post-Implementation Support 400 $ 7,176 $ 59,496 VI 6-D Public Education Tools Development 60 $ 18,000 $ 24,144 Phase II Total Budget $695,024.00 Total for Phase I and Phase II $996,748.00 Tasks 5 A and 5C($353,743)are the cost of building a Master Account file based on imperviousness as the rate methodology for cost allocation. The total Phase II effort, without these Tasks is$341,281. Page 11 of 12 September 22,2004 i d � LR s r UA AT-1 s ET _cm w � moo W O a> n- Z41O d CQ m O W d m d m cob cmb Icn b N rr 06— W .=I — z s cdd v a Cn ATTACHMENT B COMPENSATION AND SCHEDULE Comprehensive Storm Water Management Study I. Compensation A. The Engineer shall be compensated a total lump sum fee of$ 301,724 for Phase I of the Scope of Work and $695,024 for Phase II of the Scope of Services. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1"for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid in accordance with the Contract Article III-A. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Il. Schedule A. The schedule is set forth in the Scope of Services, Attachment"A", Exhibit"A-2" September 22, 2004 ATTACHMENT "C" Amendments to Standard Agreement for Engineering Services There are no amendments to the Standard Agreement for Engineering Services. City of Fort (North, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/21/2004 - Ordinance Nos. 16137, 16138 and 16139 DATE: Tuesday, September 21 , 2004 LOG NAME: 20AMEC REFERENCE NO.: C-20292 SUBJECT: Adoption of Appropriation Ordinances and Award of Contract to AMEC Earth & Environmental, Inc. for Phase 1 of the Comprehensive Storm Water Management Study RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Authorize the City Manager to transfer $75,000 from the Water and Sewer Fund to the Contract Street Maintenance Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of$75,000 from available funds; and 3. Adopt the attached appropriation ordinance increasing appropriations in the Environmental Management Operating Fund in the amount of $150,000 and decreasing unreserved retained earnings by the same amount; and 4. Authorize the City Manager to transfer $150,000 from the Environmental Management Operating Fund to the Environmental Management Project Fund; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $150,000; and 6. Authorize the City Manager to execute a contract with AMEC Earth & Environmental, Inc. in the amount of$301,724 for Phase 1 of the Comprehensive Storm Water Management Study. DISCUSSION: The City's current Storm Water Drainage Program, developed in the 1960's and revised in1986, does not address channel erosion and all aspects of flooding impacts downstream of development. The City does not have an inventory or condition assessment of the existing drainage system. In response to Council direction, City staff began preparing an Enhanced Storm Water Management Program to "protect natural resources and property and ensure public safety by managing storm water runoff." The proposed program will proceed in two phases. Phase 1 will update the City's drainage policies and design standards in cooperation with the regional integrated Storm Water Management (iSWM) program to ensure that the City "doesn't make things worse." Phase 1 will also include preparation of a five-year plan to improve the storm water management program to determine "how we make things better." Phase 2 will develop funding strategies and an implementation plan based on recommendations in Phase Logname: 20AMEC Page I of 2 1. Council action will be requested in the future for Phase 2 services. On January 14, 2004, the City issued a Request for Statement of Qualifications (RFQ) for a Comprehensive Storm Water Management Study. In response, City staff received eight Statements of Qualifications on February 12, 2004. On June 9, 2004, a Consultant Selection Committee composed of City staff from the Transportation and Public Works, Department of Engineering, Environmental Management, Parks and Community Services, and Water Department, reviewed all Statements of Qualifications and selected three consultants for further consideration and interviews. On June 25, 2004, the Consultant Selection Committee interviewed the top three consultants and selected AMEC Earth & Environmental, Inc. for the Comprehensive Storm Water Management Study based on its direct experience in this field. City staff has negotiated a professional services agreement with AMEC Earth & Environmental, Inc. that will provide deliverables in Phase 1 of the City's Storm Water Management Program at a negotiated fee of $301,724 to be completed by June 2005. The fee for this study is considered reasonable for the work proposed. The fee for this project will be shared by Transportation and Public Works ($76,724), Water Department ($75,000) and Environmental Management ($150,000). T/PW's share was identified by deferring a planned maintenance project. AMEC Earth & Environmental, Inc. is in compliance with the City's M/WBE Ordinance by committing to 14% MWBE participation on Phase 1 of this project. This project is located in all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendations Nos. 1 and 4, and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Environmental Management Project Fund and the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1R103 538070 0521100 $150,000.00 4) R103 538070 0521100 $150,000.00 4&5)R101 472103 052200408000 1150000.00 1)PE45 538070 0609020 75 000.00 1&2)GS93 472045 020930289370 $75.000.00 6)GS93 539120 020930289370 $151,724.00 2)GS93 539120 020930289370 75 000.00 6)R101 531200 052200408000 $150,000.00 R101 531200 052200408000 $150.000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originatin�c__Qepartment Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) Logname: 20AMEC Page 2 of 2