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HomeMy WebLinkAboutContract 47759 r�r SCM° RAC V Mi,0. i RECEIVED CITY OF FORT WORTH, TEXAS MAY 112016 CITYOFFORT WOR1fi STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CfiYSEM17 ARY This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: SWS-079 Enhanced Prioritization of Drainage Projects. 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 SWS-079 Enhanced Prioritization of Drainage Projects. (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 $286,412 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 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 18 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a 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 Transportation and Public Works Department, Stormwater Division, Attention: Mary Hanna, 1000 Throckmorton, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not 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. L 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 VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of 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. Form 1295 Certification No. 2016-39908 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article 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: Transportation and Public Works Department Stormwater Management Division 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Scott Hubley 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services 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 �� day cls "' ° 2Q�� BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. —�"Q2�j Jesus J. Chapa Key illard Assistant City Manager Vice President Date: /62 ! ( Date: d� APPROVAL RECOMMENDED: G By: ' 0.LJ Dougl Wiersig Director, Transportatio and Public Works APPROVED AS TO FORM AND LEGALITY M&C No.: By: W�;& M&C Date: Douglas . Black Assistant City Attorney 5 # ZJ/6- 3fypg ATTEST: nom : MaryJ $ ' City Secr tary OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Professional Services W/�, �p�p �/ Page IS of Bate:9/24/2014 FT. 11 OR H9 TX Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 PREFACE When the Stormwater Management program was launched in 2006, very little useable data was available on the size, type, age, location, condition, and capacity of the City's drainage system. There was a strong consensus that the top priority for the program was to, from the outset, acquire the key system data needed to progressively facilitate more strategic program execution. Various engineering consultants have been engaged in the past several years to assess channels, watersheds, and neighborhood drainage systems and identify conceptual flood mitigation alternatives in areas known to have potential for flood damages. CONTRACT PURPOSE This contract will assist the City of Fort Worth, Transportation and Public Works Department, Stormwater Management Division (SWM) with data mining, categorizing, and prioritizing future stormwater investigation needs and capital projects based on a review of —300 mapsheds, GIS information and roughly 40+ planning studies. It will provide technical and administrative services to refine the strategic framework for understanding the relative flood risk throughout the City and prioritizing flood mitigation opportunities. The Consultant shall review the data on the conceptual flood mitigation alternatives identified through the completed assessments and: compare the opportunities accurately and consistently; objectively prioritize the opportunities throughout the City; and map out next steps for optimizing the use of capital improvement funding to protect people and property from flooding. Investigation needs and mitigation strategies shall be prioritized based on the four major evaluation criteria identified in the City's Comprehensive Plan, Appendix D to identify high priority investigations and potential projects that make the best use of limited stormwater funding. These evaluation criteria are included within this scope for reference. Figure 1 below shows the draft process for identifying future planning needs and projects. The prioritized lists will be used to program funding for future investigations, project development and capital project construction. A-1 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 BASIC SERVICES The following tasks are to be provided by the Consultant as part of the Basic Services: Task 1 - Project Management and Meetings Task 2 - Data Collection Task 3 - Database Development Task 4 - Data Mining Task 5 - Prioritization Task 6 — Deliverables Task 1 - Proiect Management and Meetings The ENGINEER's project management activities shall include task leadership and direction, telephone and written communication, monthly status reports, schedule and updates, and personnel and data management among other general contract management activities. Any delays to the schedule shall be in writing to the City of Fort Worth for review and approval. The ENGINEER shall submit to the City of Fort Worth's Project Manger the proposed schedule for task sequence and completion once Notice to Proceed is received. The ENGINEER's Project Manager shall schedule and lead all meetings. Meeting notes shall be submitted to the City of Fort Worth's Project Manager within three working days after each meeting. The ENGINEER will fully document all relevant file structures, data and data formats used during this contract. The ENGINEER shall prepare a Monthly Summary status report and submit it via email at the end of a calendar month as well as include it with the appropriate monthly invoice. The Monthly Summary will bullet point work completed over the last month, ongoing work, and work anticipated in the upcoming month. The monthly summary should clearly note if the work effort is on scope, schedule and budget and if not, clearly explain the situation and Consultant proposed remedy. ASSUMPTIONS • This scope assumes up to six (6) meetings including a kickoff and data collection meeting, two (2) data mining work sessions, two (2) prioritization work sessions, and one (1) additional meeting to present the database and how to use it and update it. A-2 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 Task 2: Data Collection The City of Fort Worth will provide the ENGINEER with the following data: a. GIS data to include drainage infrastructure, storm events database, Service Requests, mapshed delineations, aerial topography, study input/output data, building footprints, boundaries of TIRZs, PIDs, urban villages, NEZ, and parks and other relevant files. b. SW Criticality study results for evaluating exiting SW pipes in support of predicting and prioritizing repair and/or replacement projects. c. Copies of completed studies and capital improvement projects. d. A list of all ongoing Studies and capital improvement projects. e. Existing draft prioritized lists for studies, designs, and capital projects. f. Shapefiles from existing tools including areas of potential high water, graded mapsheds and pipe layers, and supporting white papers. The ENGINEER will collect and review available data to be used in the prioritization effort. The City of Fort Worth's Stormwater Management Division shall assist the ENGINEER in locating required data available from the City, but the ultimate responsibility for identifying data needs and for finding, collecting, developing, analyzing, and creating all necessary data shall reside with the ENGINEER. If required data is unavailable, the ENGINEER shall inform the City in writing and discuss with the City's Project Manager for actions or determination. Field Reconnaissance The ENGINEER shall conduct a 2 day site visit with City staff to become familiar with mitigation projects. Only the high priority proposed mitigation projects will be visited. Not every mapshed will be visited. The site visits will allow the ENGINEER to become more familiar with the projects than is possible from purely a desktop review. This additional perspective will aid in understanding the scale, purpose, and need for specific projects when prioritizing. Task 2 Deliverables: The ENGINEER shall prepare a data collection memorandum with an inventory of that data that was collected. A-3 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 Task 3: Database Development The ENGINEER shall prepare a Microsoft Access database to compile the prioritized lists developed under Task 5 under this scope of work. This task consists of: a. Developing the database structure to meet City requirements. b. Developing a list of critical input parameters for each project. c. Reviewing capital improvement projects information and populating the Access database. d. Reviewing existing studies and GIS information for each mapshed and populating the necessary information within the Access database. Task 3 Deliverables: a. Draft input form for database for City review. b. Output forms and reports for database. The ENGINEER shall use one page reports similar to the technical fact sheet developed for Central Arlington Heights study as initial template. c. The ENGINEER shall update database structure and format up to two times per City comments. d. Draft Access Microsoft database with the ability for the City to update over time. Task 4: Data Mining Assessment Phase — The purpose of this effort is to identify how far each mitigation strategy has advanced in the planning life cycle based on the following City categories for planning efforts: a. Strategic planning phase: defines the where and what of a mitigation strategy. b. Feasibility planning phase: determines whether a mitigation strategy can be accomplished (i.e. is it feasible?). c. Project development phase: provides further refinement to define exactly how a mitigation strategy can be accomplished. The ENGINEER shall prepare an assessment form to apply to mitigation strategies to determine the appropriate category for each mitigation strategy. It is assumed that most studies have made a recommendation for mitigation alternatives. For studies with multiple mitigation alternatives but no recommendation, The ENGINEER shall make a recommendation from the existing alternatives based on the City's Evaluation Criteria for City staff review or recommend additional investigation. This task does not include any additional modeling or analyses. A-4 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 The ENGINEER shall prepare a geodatabase for each of the records in the Access database and hyperlink the datasets. The ENGINEER shall review cost estimates prepared for mitigation alternatives. The ENGINEER shall update unit prices to reflect 2016 dollars and provide standard planning level contingencies for each project. Unit prices will be based on recent bid prices received by FNI, TXDOT unit bid prices, and any available price information provided by the City. The ENGINEER shall estimate total project costs (including ROW, franchise utilities, project administration, etc) using Total Project Budget Estimate Form provided by The City. Every record in the database will have an associated cost. Task 4 Deliverables: a. Access Database with up to 400 total records for either strategic planning, feasibility planning and project development recommendations. b. Records will be categorized into project types (e.g. erosion, storm drain improvements, floodplain improvements, mapsheds in need of strategic investigation, etc.). c. A list of non-feasible mitigation strategies in less detail, documenting the mitigation strategy and why it is not currently feasible. Task 5: Prioritization The ENGINEER shall work with City staff to finalize a prioritization system to incorporate into the Access database. a. Criteria for Prioritized Strategic Planning —The ENGINEER shall work with City staff to establish process for applying existing City prioritization criteria using limited existing data. The ENGINEER shall utilize Pairwise methodology for refining existing City scoring system if needed. b. Criteria for Prioritized Feasibility Planning and Project Development — The ENGINEER shall work with City staff to establish process for applying existing City prioritization criteria using detailed data. The ENGINEER shall utilize Pairwise methodology for refining existing City scoring system if needed. A-5 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 Task 5 Deliverables: a. Prioritized lists for Strategic Planning, Feasibility Planning, and Project Development. b. The ENGINEER shall update the lists up to two (2) times per City comments. Task 6: Deliverables a. A brief technical report summarizing the prioritization procedures and providing reference information for database operation. b. Final access database digital files and corresponding GIS database. c. One page summaries for each database record and final ranking lists. d. External hard drive with all supporting data used during this contract. e. A draft copy of final deliverables shall be submitted for City review in electronic format. f. The ENGINEER shall update final deliverables up to one (1) time to address City comments and provide three (3) hard copies of final report. ADDITIONAL SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agrees that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following but not limited to: 1. Additional modeling, hydrologic or hydraulic analysis of any of the proposed projects. 2. Final design of any identified capital projects. 3. Negotiation of easements or property acquisition. 4. Services related to development of the CITY's project financing and/or budget. 5. Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. 6. Construction management and inspection services. 7. Performance of materials testing or specialty testing services. 8. Services necessary due to the default of the Contractor. A-6 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 9. Services related to damages caused by fire, flood, earthquake or other acts of God. 10. Services related to warranty claims, enforcement and inspection after final completion. 11. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. 12. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. 13. Surveying or SUE services. 14. Preparation of USACE 404 Permits, FEMA (CLOMR or LOMR) submittals. CITY EVALUATION CRITERIA: The City of Fort Worth Comprehensive Plan identifies four major evaluation criteria and eighteen subcategories that should be used to help prioritize future actions. Each subcategory is scored to determine an overall priority rating. The criteria and subcategories are: 1. Strategic Objectives a. Safest city b. Improve mobility c. Clean/attractive city d. Strong economy e. Development/ sustainability f. Improve air quality 2. Project Drivers a. Regulatory risk b. Capacity c. Capital replacement d. Efficiency/ sustainability 3. Tactical Objectives a. Citizen/customer satisfaction b. Prior CIP approval c. Partnership opportunity d. Healthy environment 4. Other Factors a. Inter-organizational/joint infrastructure b. Leverage funding c. Obligatory d. Time sensitive A-7 Attachment "A" Scope of Services for Enhanced Prioritization of Drainage Projects SWS-079 Figure 1: Process to identify stormwater investigations and capital projects Developed using average List of Graded graded pipes per mapshed and Mapsheds considering building density ^300and pre-2009 to 2014 complaints. Review Areas of Potential High Water,recent complaints and Mapshed either doesn't prior studies to narrow list for have significant flooding new investigation Mapshed list- does NOT problem or problem is need detailed small enough to be investigation investigated under miscellaneous on-call or maintenance contract Mapshed list- Detailed investigation needed Apply City evaluation criteria (based on limited information) to determine which to investigate first Mapshed has a clear mitigation solution that could be Prioritized List implemented without detailed of Mapsheds investigation Needing Investigation Staff uses prioritized mapshed list to program 5-year revolving investigation plan Level 1 Recommended Investigation Mitigation Lower level Strategies of detail Mitigation strategies clear,do not need further investigation Apply City evaluation criteria Needs more detailed (based on more detailed investigation �+ v information)to identify capital projects �e Level 2 Prioritized Investigation o�` Capital Project Higherlevel List of detail Staff uses prioritized project list to program 5-year revolving CIP 5-year CIP A-8 ATTACHMENT B COMPENSATION Enhanced Prioritization of Drainage Projects SWS-079 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. A summary of current hourly billing rates is provided below: CAD Technician/Designer- 1 91 CAD Technician/Designer-2 117 CAD Technician/Designer-3 145 Construction Manager- 1 85 Construction Manager-2 111 Construction Manager-3 131 Construction Manager-4 164 Corporate Project Support- 1 87 Corporate Project Support-2 105 Corporate Project Support-3 139 Intern/Coop 53 Professional- 1 107 Professional-2 130 Professional-3 146 Professional-4 169 Professional -5 197 Professional -6 225 Technology Charge 8.50 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 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION 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. 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. II. 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. Ill. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment 8 PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Engineering and PM $246,312 86.0% SBE Sub-Consultant Nathan D. Meier Cost Estimates $40,100 14.0% Non — M/WBE Consultants N/A TOTAL $286,412 100% Project Number and Name Total Fee SBE Fee SBE % Enhanced Prioritization of $286,412 $401100 14.0% Drainage Projects SWS-079 --t City SBE Goal = 14% Consultant Committed Goal =.14% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 Exhibit B-1 4NFREESE Example Invoice ONIVINICHOLS Freese and Nichols,Inc. 4055 International Plaza,Suite 200 Fort Worth,Texas 76109-4895 Phone:(817)735-7300 FEI Number:75-1531935 City of Fort Worth-Trans&PW Invoice#: Mary Hanna Project: 1000 Throckmorton Street Invoice Group: Fort Worth TX 76102 Invoice Date: For Professional Services Rendered through:Date SWS-079 Enhanced Prioritization of Drainage Projects,PO# Hourly: Not to Exceed Previous Current Pct. Total Fee Amount Amount Comp Fee Earned PM and Meetings $38,740 0.00 0.00 0.00 0.00 Data Collection $34,076 0.00 0.00 0.00 0.00 Database Development $22,168 0.00 0.00 0.00 0.00 Data Mining $96,471 0.00 0.00 0.00 0.00 Prioritization $62,735 0.00 0.00 0.00 0.00 Deliverables $32,222 0.00 0.00 0.00 0.00 Total Hourly Service $286,412.00 0.00 0.00 0.00 0.00 Total Project Fee: $286,412.00 0.00 0.00 0.00 0.00 Total Fee Earned to Date: 0.00 Less Previous Billings: 0.00 Amount Due this Invoice 0.00 PLEASE REMIT TO P.O. BOX 980004, FORT WORTH, TX 76198-0004 REFERENCING FREESE AND NICHOLS PROJECT AND INVOICE# Phase: Item Description Rate Schedule Labor Class/Employee Name Regular/OT Hours Rate Amount Professional 3 Person#1 Regular Time 0.00 0.00 0.00 .......... ................... 0.00 0.00 Rate Schedule Labor 0.00 Unit Pricing Expenses Vendor/Employee Name Units Rate Amount Technology Charges-Project Tech Person#1 0.00 0.00 0.00 Unit Pricing 0.00 Total Phase: Project Coordination Labor : 0.00 Expense 0.00 Total Phase: 0.00 Total Special Services Project Description 0.00 EXHIBIT "13-3" (SUPPLEMENT TO ATTACHMENT B) ENHANCED PRIORITIZATION OF DRAINAGE PROJECTS SWS-079 PROFESSIONAL SERVICES FEE SUMMARY Task Description Fee 1 PM and Meetings $38,740 2 Data Collection $34,076 3 Database Development $22,168 4 Data Mining $96,471 5 Prioritization $62,735 6 Deliverables $32,222 Total Proposed Fee $286,412 EXHIBIT"B-3" Page 1 of 1 ATTACHMENT "C" ENHANCED PRIORITIZATION OF DRAINAGE PROJECTS SWS-079 AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES None. ATTACHMENT"C" Page 1 of 1 v NW N m N N W Z N VI IA VI < N y Ol Vf N 7r 7r 7r � 01 U'1 O W N F� a rD -v 3 M M. v 3 av m 3 o m ° v n n `m. v N rr � O rt M 6 rt O (D fD M j rn+ O 7 N W 4- O v 3 3 3 3 3 CL O O O O O - 7 7 7 7 7 O vA p V, W +n 7 7 � C CL n. a a a a a 00 N -4 00 NJ 4 \ N I\-� cn Cl) Owl N Ol Q1 T C C C C C C fD fD (D (D fD fD d N N E� V Ol A cn m ONO \ N Ul V V F 41 Q) m D Z v m CL N M a. O O F m � p D T N !D N vlu - n N O N S N O O S N 2 ems3 D v c p m rD w o. D N O Z v IV � O V T 3 D fA O Z v DOE PROJECT BID NUMBER FORT WO R 11 (Please check one) MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE firrns participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE)is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business_ Enterprise (DBE) also meet small business enterprise requirements.] 1. Name of Project Enhanced Prioritization of Drainage Projects 2. Name of Offeror/Prime contractor Freese and Nichols, Inc . 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or"install'or both): Provide cost estimates and peer review atthepriceof$ 40,100 Nathan D. Meier, Consulting Engineers (Name of SBE Firm) (Date) Circle one(Owne uthorized Agent of rr Type or Print Name (Signature of Owner or Authorized Agent of SBE firm) 6�-l la.�v✓ �rla',r�G� , Gon-t ,��Y 7�9- YTt!/ .Z/y—7��.5f'6/ (Email Address to appear on Listings provided by the MWBE Office) (Office and Fax Numbers) AFFIDAVIT OF Offeror/Prime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, Scott Hubl ey am the duly authorized representative of Circle one(OwnerlAuthorized Agen Freese and Nichols, Inc. and that I have personally reviewed the material and Name of Prime Contractor facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, any person [entity]who makes a false or fraudulent statement in connection with participation of a SBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct,and that I am authorized on behalf of the Prime Contractor to make the affidavit. Scott Hubley Freese and Nichols, Inc . Circle One(Owner/ ut or ze gen Type or Print Name (Name of Prime Contractor-Print or Type) 4/1/16 (Signature of Owner od Authorized A ent (Date) B17-735-7300 (Office Number) (Fax Number) 6/1/2012 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday,May 03,2016 REFERENCE NO.: **C-27696 LOG NAME: 20SWMENHANCHEDPRIORITIZATION SUBJECT: Authorize Execution of a Professional Services Agreement with Freese and Nichols,Inc.,in the Amount of $286,412.00 for Enhanced Prioritization of Drainage Projects(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Freese and Nichols, Inc.,in the amount of$286,412.00 for Enhanced Prioritization of Drainage Projects Contract(SWS-079). DISCUSSION: The Engineering Agreement recommended by this Mayor and Council Communication will provide technical and administrative services to refine the strategic framework for understanding the relative flood risk throughout the City and prioritizing flood mitigation opportunities. When the Stormwater Management Program was launched in 2006,very little useable data was available on the size,type, age,location,condition and capacity of the City's drainage system. There was a strong consensus that the top priority for the program was to,from the outset, acquire the key system data needed to progressively facilitate more strategic program execution. Various engineering consultants have been engaged in the past several years to assess channels,watersheds and neighborhood drainage systems and develop conceptual flood mitigation alternatives in areas known to have potential for flood damages. This Engineering Agreement is needed to take the data on the conceptual flood mitigation alternatives identified through the completed assessments and compare the opportunities accurately and consistently, objectively prioritize the opportunities throughout the City and map out next steps for optimizing the use of capital improvement funding to protect people and property from flooding. A Request for Qualifications (RFQ)for a variety of stormwater professional services was published in the Fort Worth Star—Telegram on May 21,2015 and May 28, 2015. Fifty—five consultants responded to the RFQ,from which Freese and Nichols,Inc.,was selected as the most qualified consultant for this work based on published selection criteria. The consultant,Freese and Nichols,Inc.,proposes to perform the scope of work for this contract on a time and materials basis for a not—to—exceed fee of$286,412.00. City staff considers this fee to be fair and reasonable for the anticipated services to be performed. Upon completion of this contract,there is no anticipated annual operating cost to the Transportation and Public Works (TPW)Stormwater Management Division. M/WBE OFFICE—Freese and Nichols,Inc., is in compliance with the City's BDE Ordinance by committing to 14 percent SBE participation. The City's SBE goal for this project is 14 percent. This stormwater contract area is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that budget and funds are available and that this project is consistent with the Fiscal Year 2016 Stormwater Capital Improvement Plan, as appropriated. The adopted Stormwater Capital Improvement Plan includes an appropriation of$4,543,800.00 in the category of programmable Drainage Engineering Analysis. This specific project has a budget of$2,492,977.00 as of April 14,2016, after allocation for this project has been made,the programmable project will have a balance of$1,035,702.03 remaining. FUND IDENTIFIERS (FIDs): TO FundDepartment IDAccountProject ID Program ActivityBudget YearReference#(Chartfield 2)Amount FROM Department Project ProgramActivity Budget Reference#(Chartfield Amount Fund ID Account ID Year 2) 52002 020E431 5330500 100091 2016 $286,412.00 CERTIFICATIONS: Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1.Enhanced Prioritization of Drainage Projects Reduisition.pdf (CFw internal) 2.Proejct 100091 Budget to Actuals as of 20160419.JPG (CFw internal) 3. searchResults.pdf (CFw Internal) 4. SWS-079 signed 1295 Ethics Form for FNI.pdf (Public) 5. SWS-079 SBE Contract Compliance Memorandum.pdf (CFw Internal) CERTIFICATE OF INTERESTED PARTIES & Z141111,19 9 FORM 129 lofl 77-7 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if 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. 2016-39908 Freese and Nichols, Inc. 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 04/13/2016 being filed. City of Fort Worth Date Acknowledg d: 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. SWS-079 Engineering Services for Enhanced Prioritization of Drainage Projects, SWS-079 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Hatley,Tricia Oklahoma City, OK United States X New,John San Antonio,TX United States X Payne,Jeff Dallas, TX United States X Haster,Thomas Fort Worth,TX United States X Nichols, Mike Austin,TX United States X Lemons, Ron Fort Worth, TX United States X Pence , Robert Fort Worth, TX United States X Gooch,Tom Fort Worth,TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. KELLY JEAN 8MVER NOWY Public /W STATE OF T 66 COIIMII 08,2019 Sig ure of auth riz a t o contracti g business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Will Allanach this the 14th day of April 2016 to certify which,witness my hand and seal of office. 4'.dL--, Kelly lean Shriver Notary Public Sign r f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.64b