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HomeMy WebLinkAboutContract 47525 a56j ,9 ° ATY ECRETAW CONTRACT W- 19 2016CITY OF FORT WORTH, TEXAS ov OF St CRk.l1�l-NN, STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ( This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Shield Engineering Group, PLLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: 2016 Cites Fort Worth Stormwater Capital Proiect Management Services. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the 2016 City of Fort Worth Stormwater Capital Project Management Services. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $291,200 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth,Texas — - Standard Agreement for Professional Services Revision Date:9/24/2014 Page 1 of 8 i Article III Term Unless terminated pursuant to the terms herein, the term of this Agreement shall be until the completion of the subject matter contemplated herein. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Storm Water Management Division, Attention: Linda s. Young, P.E., 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. 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 VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vlll Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 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 City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 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 XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Linda S. Young P.E. Storm Water Management Division 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Shield Engineering Group, PLLC Attn: Jean-Marie Alexander 1600 West 7th Street, Suite 200 Fort Worth, TX 76102 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the��ay of , 2014, BY: BY: CITY OF FORT WORTH ENGINEER Shield Engineering Group, PLLC Jesus J. Chapa Jean-Marie AI ander, P.E. Assistant City Manager CEO Date: "��� Date: APPROVAL RECOMMENDED: ass By, DougiasW Wiersig, Ph.D., E. Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY M&C No.: G - Z 6� By: M&C Date: Douglas W Black Assistant City Attorney ����''� ►ZT f # 2� Z c/ ATTEST: f ' �0 ary J. Kay ' �$ 0 City Secretary OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas Standard Agreement for Professional Services FT. WORTH, 7X Revision Date:9/24/2014 ' Page 8 of 8 ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The objective is to provide storm water capital project management and administrative support, from design through construction, as an extension to City staff. The tasks outlined below are examples of duties that may or may not be required to assist the City depending on the complexity and completeness of the projects that are assigned. WORK TO BE PERFORMED Task 1. Assist in Procurement of Design Consultants Task 2. Manage Project Design Process Task 3. Manage Right of Way Acquisition Process Task 4. Manage Utility Relocation Process Task 5. Manage Project Construction Process Task 6. Close Project Basic Assumptions • This scope assumes these services will be required by the City for approximately 12 months or 2040 hours of effort. • The City will make available needed information on existing and proposed projects in a timely manner. • The presence or duties of Consultant's personnel at the construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or Consultant's personnel in any way responsible for those duties that belong to OWNER's inspection staff and/or the 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,job site safety, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • The Task effort and deliverables outlined under the Scope are subject to change based on City needs and processes. The effort and deliverables are not limited to the items listed for each Task. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 22 TASK 1. Assist in Procurement of Design Consultants Description of Work: • Become familiar with the project, available funding, and schedule • Review consultant scope, schedule, and fee • Negotiate with the consultant to obtain the appropriate level of scope • Prepare the Mayor and Council communication (M&C) • Review the final contract for completeness • Issue Notice to Proceed • Maintain documentation of the above process Deliverables: • Recommendation of consultant scope and fee • M/WBE or SBE project goal and Contract Compliance Memorandum • M&C for consultant contract • Executed contract • Documentation of the above maintained in hard copy form and electronic form on the City's Buzzsaw site. TASK 2. Manage Project Design Process Description of Work: • Act as the City's primary point of contact • Coordinate with the consultant and City project control staff to develop a baseline schedule • Charter the project team • Schedule meetings as needed with City staff from all departments • Attend weekly staff meeting with the program manager, City PMs, CPMs and administrative staff • Obtain and review monthly consultant status reports and schedules. Report project status the program manager • Track projects' progress in the City's PM/Program Manager dashboard • Update the City's overall project schedule as needed • Review invoices for reasonableness, accuracy, and appropriate charges • Review consultant submittals at 30%, 60%, 90%, and 100% design phases for completeness, constructability, conformance with the Storm Water Management Design Manual, and other City design standards City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 6 • Schedule and lead review meetings of the consultant design submittals with the City's storm water technical review team. Coordinate reviews as needed with other City departments • Coordinate and conduct a public meeting at the 60% design stage • Schedule project site visits as necessary • Coordinate a construability review at the 60% design stage • Proactively manage change on the project. Deliverables: • Monthly status reports • Recommendation of invoice payment • Design review comments • Budget reviews and updates • Schedule updates • Recommendation of amendment scope and fee • Documentation of the above and other project activities, decisions and milestones TASK 3. Manage Right of Way Acquisition Process Description of Work: • Act as task manager for the City's Real Property group staff and acquisition consultants, if used. Be the primary point of contact with Real Property for the consultant and acquisition consultants • Review easement/ ROW and property acquisition documents against the requirements of the design for appropriateness and accuracy • Coordinate with Real Property so appraisals are completed in a timely manner. Review appraisals for completeness • Review acquisition M&Cs and update budget • Coordinate with the City's Legal Department on Eminent Domain issues • Coordinate with the City's Economic Development Department on relocation issues • Maintain project tracking spreadsheet with up to date estimated easement/ROW costs Deliverables: • Easement/ROW/property acquisition review comments City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 6 • Appraisal review comments • Acquisition M&C review comments • Budget reviews and updates • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site TASK 4. Manage Utility Relocation Process Description of Work: • Ensure appropriate Level of Subsurface Utility Engineering (SUE) is being conducted by the consultant • Review consultant SUE plan sheets for conformance to the SUE Quality Level scoped • Coordinate with the consultant to identify options that minimize utility conflicts • Submit plans to the City's Utility Coordinator • Coordinate with the City's Utility Coordinator for utility relocations • Maintain project tracking spreadsheet with up to date estimated utility relocation costs • Prepare M&Cs if necessary to fund utility relocations and update the budget Deliverables: • SUE plan sheet review comments • M&C for utility relocation costs • Budget reviews and updates • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site TASK 5. Manage Project Construction Process Description of Work: • Obtain M/WBE or SBE construction project goal • Review consultant prepared Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project • Lead pre-bid meeting, if one is required City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 6 • Attend Bid Opening • Review consultants bid tab summary for completeness and accuracy • Review contractor's bid package for conformance with the contract requirements • Recommend successful bidder for contract award • Prepare M&C for authorization to award contract • Issue the Notice to Proceed • Act as the point of contact between the contractor, inspector and consultant • Coordinate and conduct a public meeting at the start of construction • Coordinate with the design consultant on responses to Request for Information and submittal reviews. Maintain hard copies of these documents and ensure consultant is tracking them • Coordinate site visits with the inspector and consultant as appropriate • Ensure contractor and inspector are maintaining as-built mark-ups • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges • Proactively manage change on the project Deliverables: • Advertisement • Recommendation to award contract • M&C for construction contract • Notice to proceed • Budget reviews and updates • Recommendation for change order approval • M&C for change order • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 5 of 6 TASK 6. Close Project Description of Work: • Once the storm drainage system is functional and construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant • Coordinate and attend a final walk through with the consultant, inspector, and contractor • Verify final punch list is completed by the consultant • If part of the consultant's scope, coordinate completion of Record Drawings and deliver to the City's record storage (the "vault") in electronic form and in hard copy mylar drawings • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges • Reconcile the budget if any negatives exist • Recommend final project closure and complete the City's "green" sheet • Purge the files of any unnecessary documents and archive the project Deliverables: • Final punch list • Record drawings • Recommendation of final invoice payment • Expenditure and budget reconciliation • Final closure recommendation "green sheet" • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 6 ATTACHMENT B COMPENSATION Design Services for 2016 City of Fort Worth Storm Water Capital Project Management Services City Project No. Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) Project Manager— Home Office $145 Project Manager— Field Office $135 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. IL Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Storm Water Management Division monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Fee Amount % Responsibility Prime Consultant Shield Engineering Group, PLIC Project Manager $291,200 100% Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $ 291,200 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE % $_291_,200 $ 0 0 City MBE/SBE Goal = 0 % Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 k**} �* }* ,} }* ƒ- 527\\¥° n §! § ; ! ! 0§ 2 \) ( % �� k CD k \ z \ \ k . 'k 'o z � ° ' § 3 .. E / m m ` cn = o § CD CD 0 7 > \ n ° /2 k 22 0 o e I m I ® \ g k 7 � ƒ I--1o2 O_ 2 0 > o> o ! 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(a77 2 , ' £¥7 rr(D \ D CD \ §a 7 § e 2 3 / ) % E 2 ° : = 0 � _ } . k a) E _@m 2 T E E G ] m / m \\o§ f 3 ' S / > }> CL CL ; 7 / k m 7 / 2` 6 / 77 0 (D ƒ q/f \ / / CD °z7 ;Z / ( > � E § , } %| � , o ID � \� ( m a �k { rn \ 0 : [ g D \ go0 ( \ > 0 5. « 2 _ : [ § � � e ƒ � \ \ / ( o w / / City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 09, 2016 REFERENCE NO.: **C-27617 LOG NAME: 20SW CIP SHIELD ENGINEERING SUBJECT: Authorize Execution of a Professional Services Agreement with Shield Engineering Group, PLLC, in an Amount Not to Exceed $291,200.00 for Staff Extension Services in Managing Transportation and Public Works Stormwater Capital Projects (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Shield Engineering Group, PLLC, in the amount not to exceed $291,200.00 for Staff extension services in managing Transportation and Public Works Stormwater Capital Projects. DISCUSSION: The Professional Services Agreement recommended by this Mayor and Council Communication will provide an additional project manager for Transportation and Public Works (TPW) Stormwater Capital Projects for approximately 12 months. Recently, one of the TPW Stormwater staff project managers accepted another position within the City organization. Project management workload for Stormwater Capital Projects will remain high for the next 12 months, but could be significantly reduced after that for an undetermined period of time. Given those facts, Staff believes it would be most prudent to meet current needs with a consultant versus filling the existing permanent position. In June 2015, the TPW Department, Stormwater Management Division, published a Request for Qualifications (RFQ) for various technical services associated with drainage engineering, including capital project management. Shield was selected as the most qualified engineering consultant for this service. Shield proposes to perform this work on a time and materials basis for a fee not to exceed $291,200.00. This contract is expected to provide project management services for approximately 12 months on 7-10 projects. The contract will allow for additional renewal periods, contingent upon City Council approval. M/WBE Office -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE office, in accordance with the BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that this project was budgeted in the Fiscal Year 2016 Stormwater Utility Fund Capital Fund and is included in the Fiscal Year 2016 Stormwater Capital Improvement Program. Logname:20SW CIP_SHIELD ENGINEERING Page 1 of 2 FUND IDENTIFIERS (FIDs): TO Fund Departmen AccountProjectProgram ActivityBudge Reference ID ID Year # (Chartfield 2) FROM Fund Departmen AccountProjectProgram ActivityBudge Reference ID ID Year # (Chartfield 2) 52002 0200431 Var 2016 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (6157) Additional Information Contact: Linda S. Young (2485) ATTACHMENTS 1. Shield Engineering HB 1295 Form.pdf (Public) 2. Shield Engineering Reg.pdf (CFW Internal) 3. Shield Engineering SAM.pdf (CFW Internal) 4. Shield Engineering Waiver.pdf (CFW Internal) Logname:20SW CIP_SHIELD ENGINEERING Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES x' FORM 1Z9295 rJ loft Complete Nos,1-4 and 6 0 there are interested parties, OFFICE USE ONLY ri Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1243 Shield Engineering Group, PLLC Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/05/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 2016 Stormwater CPM Professional Engineering project management and administrative support services to the City of Fort Worth for delivery of 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Barnes,Craig Fort Worth,TX United States X Alexander,Jean Marie Fort Worth,TX United States X 5 Check only if there is NO Interested Party. F1 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct .rev .``:a.�P�.,, ANNETrE EVON GUiIERRE2•DEIAUGMIER r �' �`�� Notary Public,State Of lexos �:�:�= My Commission Expires o ~r OClob@r 31.2018 Sign tore of authori d agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVE Sworn to and subscribed before me,by the said 5eAM M&&6 A gzjk2SArs-nGQ-- this the 'g'rj� day of j1l al t.t Ae-%1 20 t(0 to certify which,witness my hand and seal of office. 'L ` A wµEnc- woos N o Tact CiAi6U r- sYe;M oFrn Signatuie if officer administerin oa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.0.33598