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 $286,412
EXHIBIT"B-3"
Page 1 of 1
ATTACHMENT "C"
ENHANCED PRIORITIZATION OF DRAINAGE PROJECTS
SWS-079
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
None.
ATTACHMENT"C"
Page 1 of 1
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DOE PROJECT BID NUMBER
FORT WO R 11 (Please check one)
MinorityMomen Business Enterprise Office
LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT
[NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE firrns participating under the Ordinance must be certified
prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE)is defined as a
business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as
outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business_ Enterprise (DBE) also meet small
business enterprise requirements.]
1. Name of Project Enhanced Prioritization of Drainage Projects
2. Name of Offeror/Prime contractor Freese and Nichols, Inc .
3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the
above project(where applicable specify"supply"or"install'or both):
Provide cost estimates and peer review atthepriceof$ 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