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HomeMy WebLinkAboutContract 51297 CITY SECRETARY O CITY OF FORT WORTH, TEXAS CONTRACT NO. oZ STANDARD AGREEMENT FOR PROFESSIONAL SERVICES °0� c °0 % Freese AGREEMENThis and Fr se a dNicho s,Inc., authorized t d d busine s een the City of Fort Worth, a in Texas (`Con ulexas home-rule tant'),folrt ity ° '� a PROJECT generally described as: Drainage and Floodplain Review Assistant Services. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Drainage and Floodplain Review Assistant 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 an amount up to $740,000.00 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. This Agreement may be renewed up to two additional terms at the City's discretion. EOFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services RETARYRevision Date: 11.07.17Page 1 of 9 n1`ly T� 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 the work to be performed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 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 VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV ' 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI 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: Steve Mason, P.E., CFM TPW— Stormwater Development Services 200 Texas Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Chris Moss, P.E., CFM 4055 International Plaza Suite 200 Fort Worth, Texas 76109 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A - Scope of Services Attachment B— Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. Sudan Alanis John Dewar, P.E., S.E. Assistant City Manager Division Manager Date: F Date-.- APPROVAL ate:APPROVAL RECOMMENDED: By: L). ' Douglag Wiersig, P.E. Director, Transportation and Public Works City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:11.07.17 Page 8 of 9 FT.WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. FraAk Steven Mason, P.E., CFM Production Manager APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2018-378505 M&C No.: C-28828 M&C Date: 11 Sept 2018 B . Y Doug as W. Black Sr. Assistant City Attorney ATTEST: FORT /! 1. O�. .•��f , • T a J. as ` City Secret 1E... . OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SOCRETARY Revision Date:11.07.17 Page 9 of 9 r1r.10ORTHO TX ATTACHMENT "A" Scope of Work Drainage Review Assistance Services City Project No. 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. Under this scope, "CITY" is expanded to include the City of Fort Worth Project Manager and/or their representatives or designees. OBJECTIVE Freese and Nichols, Inc. (Consultant) will provide 1) assistance in review of iSWM and Grading Plans, ISWM Construction Plans, Infrastructure Plans, CIP Construction Plans (Grading and Drainage), and Floodplain Studies and Permit Applications for the City of Fort Worth Department of Transportation and Public Works; 2)training for Consultants in the Land Development Community; and 3) Assistance and Maintenance of the iSWM Dashboard. WORK TO BE PERFORMED Task 1. Management Task 2. Task Order Implementation Task 3. iSWM and Grading Plan Review Task 4. iSWM Construction Plan Review Task 5. Infrastructure Plan Review Task 6. CIP Plan Review (Grading and Drainage) Task 7 Floodplain Studies and Permit Applications Task 8 Training for Consultants in the Land Development Community TASK 1. MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 6 • The Consultant will maintain a log of all drainage reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans, name of review engineer, date of completion of review, and status of review. • At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer's Engineer to discuss comments. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Complete Monthly SBE and MBE Report Form and Final Summary Payment Report Form at the end of the project. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Drainage Review Logs. B. Monthly invoices. C. Monthly progress reports. D. Monthly M/WBE Report Form and Final Summary Payment Report Form. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request The City Project Manager will notify the Consultant when a project is to be reviewed. Plans will be submitted to the Consultant in a digital format by email or the Consultant will be asked to obtain printed plans from the City The City will screen the application for completeness and specifically request the type of review needed, i.e. iSWM Plan, Grading Permit, iSWM Construction Plan, or other review. The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. The City Project Manager will also provide additional background information needed by the Consultant such as existence of known downstream drainage and flooding problems. The notification to Consultant will constitute the Task Order Notice to Proceed. 2.2 Initial Review Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter or comments added in the City of Fort Worth Accela tracking system. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City later. The Consultant will be available to discuss comments with the City City of Fort Worth,Texas Attachment A Page 2 of 6 Project Manager as needed. The City Project Manager will be responsible for providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. 2.3 Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. 2.4 Project Closeout When all comments have been addressed to the satisfaction of the City, the City Project Manager will notify the Consultant and the particular review will be considered closed. TASK 3. iSWM AND GRADING PLAN REVIEW 3.1 Initial iSWM Plan Review In general the purpose of an iSWM plan review is to confirm that adequate outfall exists and that adverse impacts will not result from the proposed project. Specific items to be reviewed for existing, proposed, and ultimate conditions include drainage area delineations and area computations, proper use of runoff coefficients and composite runoff coefficient computations, and analysis of downstream drainage capacity. Detention calculations and modeling will be required for those projects where detention is required. 3.2 Subsequent iSWM Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. Subsequent reviews may include review of Stormwater Facilities Maintenance Agreements (SWFMA), Preliminary Plats, and Final Plats. DELIVERABLES A. iSWM and Grading Plans with Redline Comments. B. Comment Letter(signed and sealed) and/or entry into Accela. C. PDF of iSWM Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 4. iSWM CONSTRUCTION PLAN REVIEWS 4.1 Initial iSWM Construction Plan Review iSWM Construction Plans will be reviewed to determine appropriateness of the individual BMP for the particular application. This will include review of capacity calculations, notes, and construction details. City of Fort Worth,Texas Attachment A Page 3 of 6 4.2 Subsequent iSWM Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM Construction Plans with Redline Comments. B. Comment'Letter(signed and sealed) and/or entry into Accela. C. PDF of iSWM Construction Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 5. INFRASTRUCTURE PLAN REVIEW 5.1 Pre-submittal Plan Review Consultant will review submitted plans and provide comments at the pre-submittal meeting held on Thursday Consultant will attend the pre-submittal meeting and discuss plan comments with the applicant. 5.2 Initial Infrastructure Plan Review Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans will be reviewed in Autodesk Buzzsaw when required. 5.3 Subsequent Infrastructure Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Infrastructure Plans with Redline Comments. B. PDF of Grading Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 6. CIP CONSTRUCTION PLANS 6.1 Initial CIP Construction Plan Review CIP construction plans reviews will focus on the assessment of proposed drainage and grading improvements for compliance with City requirements. Generally, the review will include drainage area delineations, hydrologic parameters, runoff calculations, spread of water calculations, inlet capacity, hydraulic grade line City of Fort Worth,Texas Attachment A Page 4 of 6 calculations, outfall protection / energy dissipaters, constructability and downstream impacts. Comments will provided on the plans or through Buzzsaw. 6.2 Subsequent CIP Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM CIP Construction Plans with Redline Comments. B. PDF of iSWM CIP Construction Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 7. FLOODPLAIN STUDIES AND PERMIT APPLICATIONS 7.1 Initial Floodplain Studies and Permit Applications Review In general the purpose of a Floodplain Studies and Permit Applications review is to insure the submissions follow the City of Fort Worth, State, and Federal requirements for each respective study and permit application. A very detailed review and analysis of these submittals is required by a person experienced and competent in this type of work. There might be meetings with the applicants accompanied with this task that the ENGINEER is expected to attend if needed and/or requested. 7.2 Subsequent Floodplain Studies and Permit Applications Reviews Reviews of revised studies and permits will be handled and prepared in the same manner as for initial reviews. DELIVERABLES A. Floodplain Studies Reviews with Redline Comments. B. Floodplain Permit Applications with Redline Comments. C. Comment Letter(s) (signed and sealed) and/or entry into Accela for each review. D. PDF of Floodplain Studies and Permit Applications with Redline Comments. E. PDF of Comment Letter(s) for each review. F. Monthly tracking of projects costs in a separate tab the follows the current tracking of iSWM projects on the Excel format. TASK B. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY 8.1 Develop plans and strategies for Land Development Consultant Training. • Identify most frequent issues and review problems from past drainage review projects. City of Fort Worth,Texas Attachment A Page 5 of 6 • Meet with City Drainage Review Staff to discuss and formulate best strategy for training. 8.2 Prepare materials for formal training sessions. • Use case studies from past City and Land Development Consultant reviews. • Employ Land Development Consultant and City Drainage Review Staff experiences. • Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed • Prepare a "lessons learned" document that can be forwarded to consultants and posted on the City website. This will be a living document to be revised over time. 8.3 Prepare and provide to Land Development Consultants additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 8.4. Conduct training sessions with Land Development Consultants 8.5. Document all training with digital products such as Power Points, handouts, etc. 8.6. Repeat training sessions up to three times. DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists City of Fort Worth,Texas Attachment A Page 6 of 6 Attachment B COMPENSATION Drainage Review Assistance 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. A summary of current hourly billing rates is provided below: Position Rate Professional - 1 107 Professional -2 130 Professional - 3 146 Professional -4 169 Professional - 5 197 Professional -6 225 Construction Manager- 1 85 Construction Manager-2 111 Construction Manager- 3 131 Construction Manager-4 164 CAD Technician/Designer- 1 91 CAD Technician/Designer-2 117 CAD Technician/Designer- 3 145 Corporate Project Support- 1 87 Corporate Project Support-2 105 Corporate Project Support- 3 139 Intern/Coop 53 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 applicable Attachment B COMPENSATION 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. III. 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. IV. Summary of Total Project Fees Attachment B COMPENSATION Firm Primary Fee Amount % Responsibility Prime Consultant Freese and Nichols, Engineering Reviews $629,000 85.0% Inc. SBE Sub-Consultant James DeOtte Engineering Reviews 111,000 15.0% Engineering, Inc. Non — M/WBE Consultants N/A TOTAL $740,000 100% Project Number and Name Total Fee M/WBE Fee M/WBE % Drainage Review Assistance $740,000 $111,000 15.0% City M/WBE Goal = 15% Consultant Committed Goal = 15.0% 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. Freese and Nichols,Inc. Invoice-T&PW 4055 International Plaza,Suite 200 Proj.Invoice No. Fort Worth, TX 76109 Invoice date: Tel:817-735-7300 Period (From-To) Fax: 817-735-7491 DOE No. emaH:pla@freese.com T&PW Proj No. City Secy.Cont.No. COFW Project Manager Steve Mason,PE Consultant's Project Manager. Christopher Moss,PE Name of Project: DRAINAGE REVIEW ASSISTANCE Work Phase STORM DRAINAGE Revised Amt. Orig.Amount incl.Amendment OAAO Drainage Review Assistance $ $ - CONTRACTAMOUNT $ $ - TOTAL CONTRACT AMOUNT $ TOTAL CONTRACT AMOUNT TO DATE(including amendments) $ STORM DRAINAGE DRAINAGE TOTAL CONTRACT REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT. NUMBER INVOICES REMAINING Drainage Reviews $ - $ - $ - List all amendments to date (Do not invoice for additional work until the related amendment has been executed by the city) City Secy. Date Amendment No. Description Contract No. Executed by Total Amount for the City y 1 2 $ - 3 $ - 4 $ - TOTALS $ - TOTAL THIS INVOICE $0.00 Make all checks payable to: Freese and Nichols, Inc. Submitted by: Christopher Moss, PE,Project Manager Freese&Nichols,Inc. 4055 International Plaza, Suite 200 Fort Worth,TX 76109 Accounting Representative:Stephanie Kirchstein M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT%bRTl] r COUNCIL ACTION: Approved on 9/11/2018 REFERENCE ** 20FNI DRAINAGE AND DATE: 9/11/2018 NO.: C-28828 LOG NAME: FLOODPLAIN REVIEW SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc. in the Amount not to Exceed $740,000.00 for Drainage and Floodplain Review Services for Fiscal Year 2019 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the'City Council authorize execution of a Professional Services Agreement with Freese and Nichols, Inc. in the amount not to exceed $740,000.00 for Drainage and Floodplain review services for Fiscal Year 2019 with two renewal options. DISCUSSION: The Professional Services Agreement recommended by this Mayor and Council Communication is for drainage and floodplain review services associated with private development projects. Freese and Nichols, Inc. will augment staff to reduce the review time of the drainage and floodplain design component of private development projects. In June 2015, the Transportation and Public Works Department, Stormwater Management Division, published a Request for Qualifications (RFQ)for various technical services associated with drainage engineering, including services to review private development projects for compliance with the City's drainage and floodplain design standards. Freese and Nichols, Inc. was selected as one of the qualified engineering consultants for this service. Freese and Nichols, Inc. proposes to perform this work on an on-call, time and materials basis for a fee not to exceed $740,000.00. This contract is expected to provide 300 to 400 reviews over approximately 12 months, depending on the level of development activity. Upon completion of this contract, there is no anticipated annual operation cost to the Transportation and Public Works (TPW) Stormwater Management Division. This Agreement may be renewed for two additional terms. M/WBE Office- Freese and Nichols, Inc. is in compliance with the City's BDE Ordinance by committing to 15 percent SBE participation on this project. The City's SBE goal on this project is 15 percent. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2018-2019 budget by the City Council to include funding for the above referenced item, funds will be available in the Fiscal Year 2019 Stormwater Utility Fund, as appropriated. Prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=26056&councildate=9/11/2018 9/17/2018 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Steve Mason P.E. CFM (2027) ATTACHMENTS Form 1295 FNI 2018.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=26056&councildate=9/11/2018 9/17/2018 C ag�a CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl 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 I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2018-378505 Freese and Nichols,Inc. Fort Worth,TX United States Date Filed: Name of governmental entity or state agency that Is a party to the contract for which the form is 07/1L2018 being filed. City of Fort Worth Date Ackn ged; 7 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 services,goods,or other property to be provided under the contracL Drainage&Floodplain Engineering Services for the Drainage and Floodplain Review 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Coltharp,Brian Fort Worth,TX United States X Pence,Robert Fort Worth,TX United States X Gooch,Tom Fort Worth,TX United States X Milrany,Cindy Fort Worth,TX United States X Cole,Scott Fort Worth,TX United States X Nichols,Mike Fort Worth,TX United States X Johnson,Kevin Dallas,TX United States X Wolfhope,John Austin,TX United States X Taylor,Jeff Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is KellyShrlver and my date of birth is 01/20/62 My address is 4055 International Plaza.Ste.200 Fort Wort TX 76109 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 11th day of JWy 120 18 (month) (year) Signatu of razed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711