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HomeMy WebLinkAboutContract 48410 CITY SECRETARYL L/ CITY OF FORT WORTH, TEXAS CONTRACT1100. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES 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: Drainage Review Assistance Services. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Seices attached hereto as Attachment "A". These services shall be performed in connection with Drainage Reviews for Land Developers as specifically detailed in Attachment "A" (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 riot exceed a total of Four Hundred Fifty - Three Thousand Seven Hundred Fifty Dollars ($453,750.00) 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 u Standard Agreement for Professional Services OFFICIAL RECORD PMO Official Release Date:1/28/2013 Page 1 of 8 CITY SECRETARY FT. WORTH, TX Article 111 Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of twelve months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs last. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employe of the City. Consultant shall have exclusive con�rol of and the exclusive right to control tie details of its work to be performed hereunder a d 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 PMO Official Release Date:1/28/2013 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 $1,000,00`1 aggregate I 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 Stormwater Management Division, Attention: Greg Simmons, 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 PMO Official Release Date:1/28/2013 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 protectionand any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vlll Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 4 of 8 (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 PMO Official Release Date:1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any 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. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 6 of 8 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: Greg Simmons, P.E. 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Edra Brashear, P.E. 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 PMO Official Release Date:1/28/2013 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 of ',.; , 2016. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Jesus J. Chapa Kellyasoident rd, .E. Assistant City Manager Vice Date: 1�`�7 � Date: t t APPROVAL RECOMMENDED: By, c..r--�, c�J Douglas ersig, P.E. Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY M&C No.: G g By: M&C Date: t t. Douglas W. Black Assistant City Attorney 7- S -1,216 _t a 7 j 3+ ATTEST: a ays Ci y Secretary City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY PMO Official Release Date: 1/28/2013 Page 8 of 8 FT WORTH,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. OBJECTIVE Freese an Nichols, Inc. (FNI) (Consultant) will provide 1) assistance in review of iSWM Plans, Grading Plans, ISWM Construction Plans, and CIP Construction Plans (Grading and Drainage) for the City of Fort Worth Department of Transportation land Public Works. WORK TO BE PERFORMED Task 1. Management Task 2. Task Order Implementation Task 3. iSWM Plan Review Task 4. Grading Plan Review Task 5. iSWM Construction Plan Review Task 6. CIP Plan Review (Grading and Drainage) 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 • 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, review costs, name of review engineer, date of completion of review, and status of review. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 5 • At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer Engineer to discuss comments. The Consultant will not discuss review comments or meet with Developers or Design Engineers concerning the review project outside of City meetings unless requested by City Staff. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. DELIVERABLES A. Drainage Review Logs B. Digital copies of all correspondence with Applicants. C. Monthly invoices. D. Monthly progress reports. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request At the request of the City Project Manager (or designated representative), Consultant will pick up plans for the project to be reviewed from the City. This will be done within one working day of the request. The City will 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 should also provide additional background information needed by the Consultant such as existence of known downstream drainage problems and flooding. Consultant will make digital copies of all submittal materials and return originals to the City Project Manager. 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. Final comment response letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in pdf format. The Consultant will be available to discuss comments with the City Project Manager as needed. The City Project Manager will be responsible for providing comments to the Developer and Design Engineer. Initial reviews shall be completed within 10 business days of notification from City Project Manager. 2.5 Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. Each resubmittal will be completed within 10 business days of notice of resubmittal. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 4 2.6 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. The Consultant will submit a final, sealed letter to the applicant indicated that comments have been addressed. TASK 3. iSWM PLAN REVIEW. 3.1 Initial iSWM Plan Review iSWM plan review generally involves confirmation 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 arep computations, proper use of runoff coefficients and c�mposite 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. DELIVERABLES (Digital format) A. iSWM Plans with Redline Comments. B. Comment Letter (signed and sealed at final version). TASK 4. GRADING PLAN REVIEW 4.1 Initial Grading Permit Review Grading permit review will generally involve review of drainage area delineations and calculations in order to confirm that adequate outfall exists and that grading will not adversely affect adjacent property. 4.2 Subsequent Grading Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Grading Plans with Redline Comments. B. Comment Letter (signed and sealed at final version). TASK 5. iSWM CONSTRUCTION PLAN REVIEWS. 5.1 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 PMO Release Date:07/23/2012 Page 3 of 4 5.2 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 at final version). 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 fbr compliance with City requirements. Generally, th review will include drainage area delineations, hydrologic parameters, runof calculations, spread of water calculations, inlet capacity, hydraulic grade line calculations, outfall protection / energy dissipaters, constructability and downstream impacts. 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. Comment Letter (signed and sealed at final version). City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 4 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: 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. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 Attachment B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Engineering Reviews $385,687.00 85.0% SBE Sub-Consultant James DeOtte Engineering, Inc. Engineering Reviews $68,063.00 15.0% Non — M/WBE Consultants N/A TOTAL $453,750.00 100% Project Number and Name Total Fee M/WBE Fee M/WBE % Drainage Review Assistance $453,750.00 $68,063.00 15.0% City M/WBE Goal = 15% Consultant Committed Goal = 15.0% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 5 B-4 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. email:pia@freese.com T&PW Proj No. City Secy.Cont.No. COFW Project Manager Steve Mason,PE Consultant's Project Manager. Edra Brashear, PE Name of Project: DRAINAGE REVIEW ASSISTANCE Work Phase STORM DRAINAGE Revised Amt. Orig.Amount incl.Amendment OAAO Drainage Review Assistance $ 453,740.00 $ CONTRACT AMOUNT $ 453,740.00 $ TOTAL CONTRACT AMOUNT $ 453,740.00 TOTAL CONTRACT AMOUNT TO DATE(including amendments) $ 453,740.00 STORM DRAINAGE DRAINAGE TOTAL CONTRACT REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT. NUMBER INVOICES REMAINING ER01 Drainage Review No. 1 Name $ $ $ ER02 Drainage Review No.2 Name $ $ - $ ER03 Drainage Review No.3 Name $ $ - $ ER04 Drainage Review No.4 Name $ $ $ ER05 Drainage Review No.5 Name $ $ $ ER06 Drainage Review No. 6 Name $ $ $ ER07 Drainage Review No.7 Name $ $ $ ER08 Drainage Review No.8 Name $ $ $ ER09 Drainage Review No.9 Name $ S - $ ER10 Drainage Review No. 10 Name $ $ $ ER11 Drainage Review No. 11 Name $ $ $ Erxx Drainage Review No.xx Name $ S $ $ $ - $ $ - 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 amendment 1 2 $ 3 $ 4 $ - TOTALS $ - TOTAL THIS INVOICE $0.00 Make all checks payable to Freese and Nichols, Inc. Submitted by: Edra Brahear, P.E. Project Manager Freese&Nichols, Inc. 4055 International Plaza,Suite 200 Fort Worth,TX 76109 Accounting Representative:Melanie Sissom City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 5 of 5 B-5 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 6 of 5 B-6 DOE PROJECT BID NUMBER (Please check one) FORT WORTH - — MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance,SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE)is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise (DBE) also meet small business enterprise requirements.] 1. Name of Project Stormwater Development Reviews 2. Name of Offeror/Prime contractor Freese and Nichols, Inc. 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or'install'or both): Perform on-call drainage development reviews at the price of$ 68,063 James DeOtte Engineering Inc. 6 (Name of SBE Firm) (Date) CC"t, Circle one er uthorized Agent of SBE firm)Type or Print Name (Signa re of or or Authorized Agent of SBE firm) a,OAA �C-VWe-C-dw.. 91-7. 4L1b•SS`l7 11 Bl�•g3�•®�1 (Em dress to appear o rstings provided by the i74NFE Office) (Office and Fax Numbers) AFFIDAVIT OF OfferorlPrime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, Kelly Dillard am the duly authorized representative of Circle one(Omer/Authorized Agent) Freese and Nichols Inc, and that I have personally reviewed the material and Name of Prime Contractor facts set forth in this Lelter 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. Kelly Dillard Freese and Nichols, Inc. Circe ne(Owner/Authorized AMt)Type or Print Name (Name of P me Contra or-Print or Type) (Sign'hir Owner or Authorized Agent) (Date) 817.735.7313 817.735.7491 (Office Number) (Fax Number) 6/112012 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2016 DATE: Tuesday, November 1, 2016 REFERENCE NO.: **G-18871 LOG NAME: 20SWM FNI DRAINAGE REVIEW ASSISTANCE SERVICES FY 17 SUBJECT: Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount Not to Exceed $453,750.00 for Drainage Design Review Services (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 $453,750.00 with up to two renewal options for drainage design review assistance. DISCUSSION: The Professional Services Agreement recommended by this Mayor and Council Communication is for drainage design review services to augment Staff to reduce the review time for drainage design components associated with 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 design standards. Freese & Nichols, Inc., was selected as one of the most qualified engineering consultants for this service. Freese & Nichols, Inc., will perform this work on an on-call, time and materials basis for a fee not to exceed $453,750.00. This contract is expected to provide 300 to 500 reviews. 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 & Nichols, Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent SBE participation. The City's SBE goal on this project is 15 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the participating department and that, prior to expenditures being made, the participating department has the responsibility to validate the availability of funds. Logname: 20SWM FNI DRAINAGE REVIEW ASSISTANCE SERVICES FY 17 Page 1 of 2 FUND IDENTIFIERS (FIDS): TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Frank Steven Mason (2027) ATTACHMENTS 1. 1295 FNI 1 Sept 16.pdf (Public) 2. 20SWM DRAINAGE REVIEW ASSISTANCE SERVICES WITH FREESE AND NICHOLS FY17 FID Template.pdf (CFW Internal) 3. FNI ComplianceMemo Sept 16.pdf (CFW Internal) 4. FNI Drainage Review Assistance Services FY17 Requisition.pd (CFW Internal) 5. FNI SAM Report Aug 16.pdf (CFW Internal) Logname: 20SWM FNI DRAINAGE REVIEW ASSISTANCE SERVICES FY 17 Page 2 of 2 G - 18871 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2016-107137 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 09/01/2016 being filed. City of Fort Worth Date Acknowledged: It 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 contract. Drainage Review Assistance Assistance in review of iSWM Plans,Grading Plans, ISWM Construction Plans, and CIP Construction Plans(Grading and Drainage) Nature of Interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hatley,Tricia Fort Worth,TX United States X New,John San Antonio,TX United States X Payne,Jeff Dallas,TX United States X Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Coltharp, Brian 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 SWVER NaaYRublfc . ll``TTCC���II STATE OF TEXAS MY C01".Ezra.Jin,U8.2019 Signature of authorized agent of c racting business entity IT AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Susanne M.Johnson this the 1st day of September 2016 to certify which,witness my hand and seal of office. Kelly Jean Shriver Notaly Public '—,L.natuqg Yofficer 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 V1.0.277