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Home My WebLink AboutContract 52582 �c��0 R 0 Y gEECRFTARY oF S��Pe w CITY OF FORT WORTH, TEXAS 0"'� t`A0� ®'- � 0� �T "0 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES k[ �C . t 0' This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Shield Engineering Group, PLLC, authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: City of Fort Worth Stormwater Capital Proiect Management 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 City of Fort Worth Stormwater Capital Proiect 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 an amount up to $1,100,000 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 Vill 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. rff JQAL RECORD City of Fort Worth,Texas City of Fort Worth Stormwater Capi I rojec nagement Services Standard Agreement for Professional Services CITYV aSECRETARY Revision Date:11.07.17 Page 1 of 9 FT WORTH,TX 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 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 CI M 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 City of Fort Worth Stormwater Capital Project Management Services 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 City of Fort Worth Stormwater Capital Project Management Services 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 City of Fort Worth Stormwater Capital Project Management Services 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 City of Fort Worth Stormwater Capital Project Management Services 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 City of Fort Worth Stormwater Capital Project Management Services 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: Linda S. Young, P.E., PMP TPW Capital Delivery 200 Texas Street Fort Worth, Texas 76102 Consultant: Shield Engineering Group, PLLC Attn: Jean Marie Alexander, P.E. 1600 West 7th Street, Suite 200 Fort Worth, TX 76102 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 City of Fort Worth Stormwater Capital Project Management Services 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 Shield Engineering Group, PLLC Dana Burghdoffl Jean Marie Alexander, P.E. Interim Assistant City Manager COO Date:_ ' Date:_ 7 ZI l l 9 APP V L RECOMM NDED: By:. , Ste a Cooke Interim Director,Transportation & Public Works City of Fort Worth,Texas City of Fort Worth StormwaterrFT.r l Poject Man a ement Sery es Standard Agreement for Professional Services Revision Date:11.07.17 �� Page 8 of 9 m SECRETARY W.RYH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including U y� ensuring all performance and reporting Form 1295 No. requir ments. M&C No.:41� inda S. Young, E., PMP M8�C Date: Engineering M nager APPROVED AS TO FORM AND LEGALITY ATTEST: OR ` A. . 0 By: , � 'ro Mary J. Kser U . A sistant City Attorney City Secretary City of Fort Worth,Texas City of Fort Worth Stormwater Capital Wadjec fanagemen erwees Standard Agreement for Professional Services Revision Date:11.07,17 UFFICIAL RECORD Page 9 of 9 CITY SECRETARY FT WORTH,TX 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 2080 hours of effort per project manager. The contract assumes 3 Project Managers. • 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 BIM 360 site. TASK 2. Manage Project Design Process Description of Work: • Act as the City's primary point of contact • Work with City staff to develop project charters, communication plans, stakeholder registers, and total project budget estimates (TPBE) • 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 project status reports (PSR), risk registers (RR) 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 6 • 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 • 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 (PSR, RR) • Charters, Communication Plans, Stakeholder Registers, TPBE • 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 • Review Real Property project tracking spreadsheet with estimated easement/ROW costs City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 6 Deliverables: • Easement/ROW/property acquisition review comments • 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 BIM 360 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 • 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 BIM 360 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 6 • Lead pre-bid meeting, if one is required • 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 • Coordinate routing of contract books with contract coordinator • Coordinate Storm Water Pollution Prevention Plan with Environmental Department • 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 City of Fort Worth,Texas Attachment A PMO Release Date:0 7123/2 0 1 2 Page 5 of 6 • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site. 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 • Prepare and route reconciliation change order • 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 BIM 360 site City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 6 ATTACHMENT B COMPENSATION Design Services for City of Fort Worth Stormwater 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 Field Rate Office Rate $/hour $/hour Senior Project Manager $188 $200 Project Manger $170 $180 EIT II $109 $115 EIT 1 $94 $100 -Support $70 $70 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%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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, Capital Delivery 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 Responsibility Fee Amount % Prime Consultant Shield Engineering Group, PLLC Project Manager $1,100,000 100% Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $1,100,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $1,100,000 $ 0 0 % City MBE/SBE Goal = 0% Consultant Committed Goal = 0 % City of Foil 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. 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LL .. g 2 Q D \ � / 2 / ƒ E � / / kk 4) k ! } � e . � ) § i � Ek z ■ 017 ■ t0 \ ■ � 22aaa E (A $ E kk �a. 222 2 - @ E 2o { § �CL � § � � � CL >. IL av � � vI u as 'L2a _ a j M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo>RH COUNCIL ACTION: Approved on 6/18/2019 REFERENCE ** 20SW CIP_PM_SHIELD DATE: 6/18/2019 NO.: C-29150 LOG NAME: ENGINEERING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Shield Engineering Group, PLLC, in an Amount Not to Exceed $1,100,000.00 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 $1,100,000.00 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 three full-time equivalent(FTE) project managers for Transportation and Public Works (TPW) Stormwater Capital Projects. Stormwater staff recommend use of consultant project managers for the next 12-18 months with consideration of adding staff project managers in proportion to the expected scale of the Stormwater capital program after this period, with the use of consultant project managers to support spikes in project activity. In May 2018, 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 Engineering, PLLC (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 $1,100,00.00. This contract is expected to provide project managemer services for approximately 27 projects, including major drainage improvements, miscellaneous drainage improvements, storm drain pipe rehabilitation projects, and hazardous roadway overtopping mitigation projects. It will remain in effect until funds are expended or the work is completed. The contract will allow for renewals, 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 upon approval of the above recommendation, funds are available as appropriated in Stormwater Capital Projects Fund. Prior to an expendtiture being made, the Stormwater Utility has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council packet/mc review.asp?ID=27066&councildate=6/18/2019 7/9/2019 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: Steve Cooke (5134) Additional Information Contact: Linda S. Young (2485) ATTACHMENTS Form 1295 Shield Engineering Staff Augment 2019-493329-redacted.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27066&councildate=6/18/2019 7/9/2019