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HomeMy WebLinkAboutContract 50283 V CITY SECRETARY :��o�Q ng3 CONTRACT N0. Q<V c ��o�c? CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Lockwood, Andrews & Newnam, Inc. (LAN), authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Miscellaneous Project Development Assignments. 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 Miscellaneous Project Development Assignments. (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 $250,000.00 in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 1 of OFFICIAL,RECORD CI'1°'�'s,LCV*TARY FT.'l�f6�RYH,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 TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee (2)Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 3 of 9 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit"B° attached hereto and incorporated herein. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 4 of 9 Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary'facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 5 of 9 thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Kiran Konduru, PE, CFM Transportation and Public Works: Stormwater Management Division 200 Texas Street Fort Worth, Texas 76102 Consultant: Lockwood, Andrews &Newnam, Inc. (LAN) Attn: Justin Reeves, PE, LEED AP 1320 South University Drive I Suite 450 Fort Worth, TX 76107 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this Agreement: Attachment A-Scope of Services Attachment B—Compensation Attachment C—Sample Task Authorization Attachment D—Sample Invoice 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 (3A6 , ws & Newnam, Inc. (LAN) J sus J. Chapa wC: Reeves Assistant City Manager ciate I Team Leader Date: aits Date: cY2 Lo5 L20118 APPR AL RECOMMENDED: Doul . iersig Dir or,Transportation & Public Works City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 8 of 9 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. requirements. Kiran Konduru, Sr. Professional Engineer M&C Date: Z APPROVED AS TO FORM AND LEGALITY ATTEST: OF FORS. By: O Douglas W Black Assistant City Attorney Mary J. KaAir City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page g of g OFFICIAL, RECORD CITY$'%('--,2TARY FT. WOf(1?H,TX ATTACHMENT "A" Scope of Services for Project Development Contract No SWS-082 PREFACE A challenge faced by the City's Stormwater Management Division is the difficulty with implementing projects identified and programmed in the Capital Improvement Program. As projects move into design and toward construction, issues often arise that cause projects to be delayed or even cancelled, resulting in inefficiencies to the program and frustration with stakeholders and the public. To address this, the Stormwater Management Division is implementing a "Project Development" phase to ensure that projects are adequately vetted before they are moved into the capital program in a manner that substantially minimizes project delays, cost overruns, and change orders. 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 This contract provides for professional engineering services for Miscellaneous Stormwater Project Development Assignments to ensure that the basic project scopes ultimately assigned to design engineers are feasible, effective and constructible solutions. The ENGINEER will develop and assess engineering data associated with high priority drainage problems throughout the City. From that assessment they will then develop a well-informed conceptual drainage solution that will be the basis for the project to be designed by the selected capital project design engineer. This contract provides for professional engineering services through a number of Task Order assignments to afford the city flexibility to expend resources based on findings throughout the process of evaluating each assigned potential project. This will be accomplished for each project generally by conducting an initial assessment, describing the potential project in greater detail, characterizing potential risks/uncertainty associated with potential project delivery and (once the potential project is fully developed) an implementation work plan. Throughout the Project Development process, a number of activities may be performed depending on the nature of the project and as outlined in any given Task Order. These may include, but not necessarily be limited to: • Plan layouts Subsurface Utility Engineering • Constructability Reviews QV • Phasing Considerations • Hydrologic and/or Hydraulic • Opinion of probable cost Analysis • Project schedule • Development of Project Scope • Identification of Community Issues • Development of Work Breakdown • Phase L Environmental Analysis Structure • Downstream Impact Analysis • Risk Analysis using the risk • Topographic Survey register developed by the City • Geotechnical Engineering • Evaluation of Project Metrics • Plan Formulation WORK TO BE PERFORMED Because of the great variation in the nature of each project, the specific Scope of Work, Deliverables, Compensation, and Schedule are to be negotiated for each Individual Task Order independently. Task Orders will be documented on a Task Order authorization form, a blank sample of which is provided as Attachment"C"to this contract. Authorization to proceed is given by signature of the City's Project Manager. Compensation shall be based on time and materials using a rate sheet provided as Attachment "B" to this contract. A budget guidance document will be developed to provide an overall budget framework for the Project Development activity. ATTACHMENT B COMPENSATION Design Services for Miscellaneous Project Development Assignments City Project No. SWS-082 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 2018 Rate 2019 Rate ($/hour) ($/hour) Administrative Assistant 95 99 GIS Technician 103 107 Senior GIS Technician 135 140 Desi ner I 111 116 Designer 11 119 124 Designer III 127 132 Designer IV 135 140 En ineer I 111 116 Engineer 11 119 124 En ineer Ill 127 132 Engineer IV 135_ 140 Engineer V 151 157 Project Manager 167 173 Senior Project Manager 198 206 Technical Advisor I Quality Control 254 264 Team Leader 222 231 Principal 254 264 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Fee Amount % Responsibility Prime Consultant Lockwood, Andrews &Newnam, Inc. Professional $225,000 90% Engineering Services Proposed MBE/SBE Sub-Consultants O'Brien Engineering Miscellaneous $25,000 10% Services TOTAL $250,000 100% Project Number& Name Total Fee MBE/SBE MBE/SBE % Fee SWS-082 Miscellaneous Project $250,000 with one $25,000 10% Development Assignments renewal option upto $250,000 City MBE/SBE Goal = 10 % Consultant Committed Goal = 10 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 Professional Services Payment Request Project Manager: Kinn Konduru,PE.CFM Summary Project: Miscellaneous Project Development Assignments City Project k: SWS-082 City Sec Number: Consultant Instructions: Fill In green cells Including Invoice Number,From and To Date.and the Included worksheets. Company Name: todN°od,Andrews 8 Nown.m,Inc. When your I...I,,is—Mlate,sera and close,start Hu—and Add your Invoice to the Consultant folder within Project's folder. Consultant's PM: Ju.tin C.Reeve email: jreev.etal—c— Vendor Invoice a: Office Address:otic.eddr... Payment Request tl: Telephone: 713.266 s900 From Date: Fax: 713.266 2089 To Date: Remit PO B..30065 Invoice Date: Address: Om.hs,NE 6910311651 Agreement Agreement Amendment Amountto Amount Percent I$)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance W.MType t Werk Type 2 Work Type 7 Work Type 4 Work Type 5 Werk Type e Totals This Payment Request Overall Percentage Spent: Lockwood,Andrews&Newnam, 713.266.6900 713.266.2089 Invoice office address PO Box 30065 Omaha,NE 68103-1165\ Consultant Project No. CFW Project Manager Kiran Konduru,PE,CFM Proj.Invoice No. Invoice date: Consultant's Project Manager. ,iusun c.Reeves Consultant's email. jreeves@lan4nc.com Period From Date To Date Name of Project: Miscellaneous Project Development City Secretary Contract#: Assignments P.O.Number: Labor Category Name Hours Rate !hr Amount Administrative Assistant 95.00 $0.00 GIS Technician 103.00 $0.00 Designer III 127.00 $0.00 Designer IV 135.00 $0.00 Engineer I 111.00 $0.00 Engineer 11 119.00 $0.00 Engineer Ill 127.00 $0.00 Engineer IV 135.00 $0.00 Engineer V 151.00 $0.00 Project Manager 167.00 $0.00 Senior Pro'ed Manager 198.00 $0.00 Technical Advisor I Quality Control 254.00 $0.00 Team Leader 222.00 $0.00 Principal 254.00 $0.00 Total Labor 0.0 $0.00 Subcontract Service Subcontract Service-<1 exam le> Subcontract Service-<2 exam le> etc Subcontractor Subtotal $0.00 10 Percent Markup on Subcontract Services $0.00 Nonlabor Expenses Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) S0100 TOTAL DUE THIS INVOICE $0.00 Professional Services Payment Request Prelacl Manager: Noon dtr PE.CFM Project: Miscellaneous Project Development AssignmentE City Project#: SWS-082 Work Type Desc: Consultant Inatrunlone; FIA/C: City Sec Number: FIII In green cella Including Percent Complete and Involved Previously Guanines Purchase Order: When your Invoice Is—plate,,ave and dose,start Buzreaw and Add your invoice to the Consultant folder within Praises folder. Company Name: G*Ivc-dAndrews a Newham.me Consultant's PM: matin c Raerea email veale,.�.,c.:•,r,m. Vendor Invoice M .msbn c.Reeves Office Address:office address Payment Request#: Telephone: 713,266 6900 From Date: Fax: 711266 2089 To Date: Remit PO Box 30065 Invoice Date: Address: Omaha,NE 68103-1165 Pay Items Agreement Agreement Amendment Amendment Amountto Amount Percent (E)Invoiced Current Remaining Description Amount Number Amount Date Spent Spent Previously Invoice Balance Totals This Unit: Overall Percentage Spent: Attachment C LanAoLNEO ckwood,Andrews ewnam,Inc. A DALY COMPANY SAMPLE TASK AUTHORIZATION No. Date: Project Name: City Project Number' LAN Project Number: Client Name: Task.Authorization No: Client Project Manager: Original Contract Date: This authorization is in accordance with the terms and conditions outlined in the Master Agreement executed on Description of Services: Deliverables: i Compensation shall be as follows: Amount of this authorization: $ Schedule shall be as follows: All terms and conditions of the original agreement remain in full force and effect. Proposed By: Lockwood,Andrews&Newnam,Inc. Print Name/title Signature Date Approved By Client Print NamelTitle Signature Date Execute in duplicate-(1)copy to Client,(1)copy to Accounting c-ozs-sa City of Fort Worth, Texas Mayor and Council Communication COUNCILµ;ACTION:° Ap,proved,on;12/5/2017. DATE: Tuesday, December 5, 2017 REFERENCE NO.: **C-28490 LOG NAME: 20SWMMISCPROJDEV SUBJECT: Authorize Execution of a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc., in the Amount Up to $250,000.00 with One Renewal Option for Miscellaneous Stormwater Project Development Assignments (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreements with Lockwood, Andrews & Newnam, Inc., in the amount up to $250,000.00 with one renewal option for Miscellaneous Stormwater Project Development Assignments (SWS-082) DISCUSSION: The Agreement recommended by this Mayor and Council Communication will provide professional engineering services for Miscellaneous Stormwater Project Development Assignments to ensure that the basic project scopes ultimately assigned to design engineers are feasible, effective and constructible solutions. Lockwood, Andrews & Newnam, Inc., will develop and assess engineering data associated with high priority drainage problems throughout the City. From that assessment they will then develop a well- informed conceptual drainage solution that will be the basis for the project to be designed by the selected capital project design engineer. 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 Lockwood, Andrews & Newnam, Inc., was selected as the most qualified consultant for this work based on published selection criteria. Lockwood, Andrews & Newnam, Inc., proposes to perform the scope of work for this contract for a not-to-exceed fee of$250,000.00. The City will issue individual task orders to authorize the consultant to perform work under this Agreement until such time as the contract funds have been expended. The City, at its sole option, may renew this contract one time under the same terms and conditions. Staff considers the fee to be fair and reasonable for the anticipated services to be performed. This contract will not result in any additional annual operating cost for the Transportation and Public Works (TPW) Stormwater Management Division. M/WBE Office- Lockwood, Andrews & Newnam, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent SBE Participation. The City's SBE goal on this project is 10 percent. This Stormwater Contract area is located in ALL COUNCIL DISTRICTS. Logname: 20SV;MNGSCPR0JDEV Page 1 of 2 The Director of Finance certifies that funds are available within the existing appropriations of the Stormwater Capital Projects Fund for these expenditures and that prior to an expenditure being made, the Transportation and Public Works Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # �moul ID ID I 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: Kiran Konduru (7598) ATTACHMENTS 1, 20SWMMISCPROJDEVASSIN FID Table.xlsx (CFW Internal) 2. 20SWMMISCPROJDEVASSIN Requisition.pdf (CFW Internal) 3. Compliance Memo.pd (CFW Internal) 4. Form 1295 20171016.pdf (Public) 5. SAMsearchResults.pdf (CFW Internal) Logname: 20SWN NUSCPROJDEV Page 2 of 2 CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL To: Kiran Konduru From: Melani Valle (817) 212-2675 Date: October 18, 2017 In the Amount of $250,000.00 SWS-082 Project/Bid: Miscellaneous Project Development Assignments 1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has been achieved by the following method: a) Lockwood, Andrews & Newnam. Inc. is in compliance with the City's BIDE Ordinance by committing to 10% SBE participation. The City's SBE goal on this project is 10%. CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 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. 2017-272390 Lockwood,Andrews&Newnam, Inc. Houston,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 10/16/2017 being filed. City of Fort Worth Date Acknowledged: 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. SWS-082 Engineering Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Daly,III,Leo A. Washington,DC United States X Petersen,Dennis Houston,TX United States X Brader,James Omaha, NE United States X Curry,W.Derrell Houston,TX United States X Boyd,J.Anthony Houston,TX United States X Swafford,C.Wayne Houston,TX United States X Vajdani,Sima Los Angeles,CA United States X 5 Check only if there is No Interested Party. o 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. MARILYN MIRANDA PETRO $Notary Public,State of Texas v r: Comm. Expires 07-05-2020 °;,,t,wl` Notary ID 130726589 Signa a of authorized agent of contracting business entity L AFFIX NOTARY STAMP/SEAL ABOVE I 1 Sworn to and subscribed before me,by the said R(_-eAeA this the L(0+"' day of r , 20_tl_,to certify which,witness my hand and seal of office. ftv�a.r,�,� -�,•Q..e� Mav►�m M• +�,e�l-tri Signature ofhcei administering oath Printed name of Acer administering cath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 SAM Search Results List of records matching your search for Record Status: Active DUNS Number: 782730949 Functional Area: Entity Management,Performance Information ENTITY LOCKWOOD, ANDREWS & NEWNAM, INC. Status:Active DUNS: 782730949 +4: CAGE Code: 36RU5 DoDAAC: Expiration Date: Aug 16, 2018 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 1320 S UNIVERSITY DR STE 450 City: FORT WORTH State/Province: TEXAS ZIP Code: 76107-5765 Country: UNITED STATES October 16,2017 5:03 PM https://www.sam.gov/ Page 1 of 1 Lockwood,Andrews &Newnam, Inc. A LEO A DALY COMPANY October 12, 2017 Via Email to:jobrien@obrieneng.com Jim O'Brien President O'Brien Engineering, Inc. 2340 East Trinity Mills, Suite 220 Carrollton, Texas 75006 RE: Letter of Intent City of Fort Worth — SWS-082 Miscellaneous Project Development Assignments Letter of Intent Dear Mr. O'Brien: Lockwood,Andrews & Newnam, Inc. (LAN) intends to contract with O'Brien Engineering, Inc. for SBE SERVICES on the referenced City of Fort Worth project. LAN intends to contract $25,000 to your firm for providing miscellaneous services in support of this City assignment, which includes the potential for one renewal option. Please acknowledge this commitment for the initial contract term by signing below and returning an original to me. If you have any question, comments, or need any additional information, please call our office or me at 817.820.0420. Sincerely, J Reeves, P.E. Lockwood, Andrews & Newnam, Inc. l October 13,2017 Ji O'Brien Date O'Brien Engineering, Inc. 1320 South University Drive,University Centre II,Suite 450 • FortWorth,Texas 76107 • 817.820.0420 • www.lan-ine.com M&C Review Page 1 of 2 Official site.of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRr11 COUNCIL ACTION: Approved on 12/5/2017 DATE: 12/5/2017 REFERENCE **C-28490 LOG NAME: 20SWMMISCPROJDEV NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc., in the Amount Up to $250,000.00 with One Renewal Option for Miscellaneous Stormwater Project Development Assignments (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreements with Lockwood, Andrews & Newnam, Inc., in the amount up to $250,000.00 with one renewal option for Miscellaneous Stormwater Project Development Assignments (SWS-082) DISCUSSION: The Agreement recommended by this Mayor and Council Communication will provide professional engineering services for Miscellaneous Stormwater Project Development Assignments to ensure tha the basic project scopes ultimately assigned to design engineers are feasible, effective and constructible solutions. Lockwood, Andrews & Newnam, Inc., will develop and assess engineering data associated with high priority drainage problems throughout the City. From that assessment the will then develop a well-informed conceptual drainage solution that will be the basis for the project to be designed by the selected capital project design engineer. A Request for Qualifications (RFQ) for a variety of stormwater professional services was published it the Fort Worth Star-Telegram on May 21, 2015 and May 28, 2015. Fifty five consultants responded to the RFQ, from which Lockwood, Andrews & Newnam, Inc., was selected as the most qualified consultant for this work based on published selection criteria. Lockwood, Andrews & Newnam, Inc., proposes to perform the scope of work for this contract for a not-to-exceed fee of$250,000.00. The City will issue individual task orders to authorize the consultant to perform work under this Agreemer until such time as the contract funds have been expended. The City, at its sole option, may renew this contract one time under the same terms and conditions. Staff considers the fee to be fair and reasonable for the anticipated services to be performed. This contract will not result in any additional annual operating cost for the Transportation and Public Works (TPW) Stormwater Management Division. M/WBE Office - Lockwood, Andrews & Newnam, Inc., is in compliance with the City's BIDE Ordinanc by committing to 10 percent SBE Participation. The City's SBE goal on this project is 10 percent. This Stormwater Contract area is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc review.asp?ID=25329&councildate=12/5/2017 2/21/2018 M&C Review Page 2 of 2 The Director of Finance certifies that funds are available within the existing appropriations of the Stormwater Capital Projects Fund for these expenditures and that prior to an expenditure being made, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amoun ID ID Year Chartfield 2 FROM _ Fund Department Account Project Program Activity Budget Reference# Amoun ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Kiran Konduru (7598) ATTACHMENTS Form 1295 20171016.pd http://apps.cfwnet.org/council_packet/mc review.asp?ID=25329&councildate=12/5/2017 2/21/2018 0,-cl�?Lri 8 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2017-272390 Lockwood,Andrews&Newnam, Inc. Houston,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 10/16/2017 being filed. City of Fort Worth Date Acknowll7dged:. 3 Provide the identification number used by the governmental entity or state agency to track at identify the contract,and provide a description of the services,goods,or other property to be provided under the contract SWS-082 Engineering Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Daly, III,Leo A. Washington, DC United States x Petersen,Dennis Houston,TX United States X Brader,James Omaha, NE United States X Curry,W.Derrell Houston,TX United States X. Boyd,J.Anthony Houston,TX United States X Swafford,C.Wayne Houston,TX United States X Vajdani,Sima Las Angeles, CA United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVI� I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. MARILYN MIRANDA PETRO ,;=Notary Public,State of Texas titter Comm,Expires 07-05-2020 �'1n°;,%1;1�11� Notary ID 130726589 — Signa a of authonzed agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me,by the said c 1&—1 C• 9 �C ,this the day of betr , 20 to certify which,witness my hand and seal of office. Signature 41otficer administering oath Printed name of icer administering oath Title of officer administerinq oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337