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HomeMy WebLinkAboutContract 43942GUY OF FORT WOR C-97 )(„y art BECRETARY COMPACT 1 2- STANDAI;(0 AGREEMU\fII a G='ROrMSSCON L ;C=woC This AGREEMENT is between the City of Fort Worth, a Texas horne�rule municipality (the "CITY"), and Shield Engineering Group, PUG, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Storm Water Engineering On'Call Services FY 2013 Oi874 01. A r"tod ll 0 s Scope eii vuc�ec (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 Storm Water Engineering Orbeall Services FY 2013 a= 0187401. (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. n0ca 011 a Goa nil Cob Uri p2noattiort1i 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 $3001000.00 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 Consultants 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 PMO Official Release Date: 08/09/2012 Page 1 of 8 OFFICIAL RE(�ORD CITY SECRETARY FT. WORM9 TX 11 -30-1 2 PO4:27 IN Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. The City has the right to extend up to two (2) additional one (1) year extensions for an agreed extension fee. 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 PMO Official Release Date: 08/09/2012 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 Storm Water Division, Attention: Cannon Henry, P E , 1000 Throckmorton Street, 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: 08/09/2012 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 nsk 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. 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 Toss 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 PMO Official Release Date: 08/09/2012 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 PMO Official Release Date: 08/09/2012 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV S everability 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 N otices N otices 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: Cannon Henry, Storm Water Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant Shield Engineering Group, PLLC Attn: Craig Barnes, PE 1200 West Freeway, Suite 300 Fort Worth, TX 76102 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: 08/09/2012 Page 7 of 8 „ i Lic,i: XVUU G0UlFAO rpaU This Agreement may be executed in one or more counterparts and each counterparl 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 . 24 day of Deed, 20 BY: CITY oF FORT WORTH ma 7,Ppsos.s4•4 ‘A ,—.. Fernando Costa Assistant City Manager Date: i//so/t. APPROVAL RECOMMENDED: 4, 1 L, ' i 9 I ' j B r<ti Cam; Doug W Wiorsig, Ph.D., P.E. Director, Transportation/Public Works APPRQVED A TO FORM AND LEGALITY Douglas W. Black Assistant City Attorney ATTEST: Mary J. Kays City Secretary Q City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 8 of 8 4� k`C- 0°°° °°° o :41,5%1 IJY: FI\tNOINFER Shield Engineering Group, PLLC Jean-Marie Alexander, P.E. CEO Dab: ith5h7 M&C No.: z5-96s M&C Date: //fZ-(Z--- FiiIra_pas CIAL RECORD CITY SECRETARY FT. WORTHS TX Exhibit A-1 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT ` A") STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — 01874-01 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A" Work under this attachment includes engineering services for paving and/or storm drain improvements for the following§ PROFESSIONAL SERVICES: STORM WATER ENGINEERING ON -CALL SERVICES Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A — PRE -ENGINEERING 1. Initial Data Collection Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting (including all departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. EA1-1 Exhibit A-1 ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the City City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. PART B — CONSTRUCTION PLANS AND SPECIFICATIONS 1. Engineering Survey i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines b. ENGINEER will provide the following information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the Department of Transportation and Public Works. All text data such as plan and profile legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, and all drawing files shall be provided in Autocad (DWG or DXF) format (currently Release 12), or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet showing ALL Control Points, used or set while gathering data Generally on a scale of not less than 1:400: 2. The following information about each Control Point; EA1 - 2 Exhibit A-1 Identified (Existing City Monument #8901, PK Nail, 5/8' Iron Rod) b. X, Y and Z Coordinates in an identified coordinate system and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines or baselines. 6. Station equations relating utilities to paving, when appropriate. ii Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1"=200' scale from available contour maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER s responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards (if needed). 2. Final Construction Plan Submittal Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. EA1 -3 Exhibit A-1 c. Final Submittals The ENGINEER shall submit a final set of drawings for record storage as follows 1. Signed plan sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set "47" shall be the total number of sheets in this file. 2. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project number(s) and proper fund codes have been assigned and are in Department of Transportation and Public Works database. d. Record Drawings The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate ail changes which apply to that sheet by clouding and o umbering, or other suitable means. Exhibit A-1 The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -tined drawings shall be returned to the CITY with the mylars. 1. Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — `W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org' designating the file is of an onginal plan set "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf Attachment B 12/03/2010 ATTACHMENT "B" COMPENSATION AND SCHEDULE STORM WATER ENGINEERING ON CALL SERVICES FY 2013 01874-01 1. Compensation A. For all engineering services provided hereunder, including but not limited to, all expenses for and provisions of payroll, supervision, overhead, profit insurance, benefit local travel, tools, equipment, materials and incidentals, the City agrees to pay the Engineer a fee in the amount equal to the hourly rates as described in Exhibit 'B-2', times the hours invoiced and approved for payment by the City for each Work Order (WO) request of portion thereof performed by the ENGINEER B. The Engineer shall be compensated a total lump sum fee of $300,000.00 as summarized in Exhibit "B-3A". Payment of the total fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor materials, supplies and equipment necessary to complete the project. C. The ENGINEER shall be paid in monthly partial payments as described in EXHIBIT B-1 ' upon receipt of invoices submitted by the ENGINEER, based on an estimate of the percentage of completion of the project, not to exceed the milestone limits described in EXHIBIT ' B-1". Exhibit B-1 11/10/2010 EXHIBIT B-1 (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT STORM WATER ENGINEERING ON -CALL SERVICES FY FY 2013 i=a 01874-01 1. Method of Payment Payment shall be made monthly upon receipt and approval by the CITY of an invoice from the ENGINEER, for services performed during the period covered by said invoice. The invoice shall include dates of service and hourly totals for each contract rate as well as extended totals for each project by Department of Engineering project number, fund code, and project name as shown on the 'Authorization to Begin Work". Attachment B-2 EXHIBIT B-2 (SUPPLEMENT TO ATTACHMENT B) 2012 HOURLY RATE SCHEDULE 11/10/2010 STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — 01874-01 Employee Classification P rincipal S r. Project Manager P roject Manager P roject Engineer EIT Technician Clerical Q C Reimbursable (vendor services) Mileage 1 1 1 Reproduction work will be at current commercial rates. invoice cost plus ten percent (10%) Rate/hour (Range) $180 $173 $144 $115 $87 $58 $58 $115 Cost + 10% $ 0.555 Per Mile Subcontractors will be paid for at actual 11/10/2010 EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Engineering Design Services Associated with STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — 01874-01 Exhibit B-3 SBE Prime SBE Sub Professional Services Engineering Services Consulting Firm Shield Engineering Group, PLLC Visintainer Engineering, PLLC Scope of Services Engineering and Project Management Engineering and Support PM role Total SUMMARY OF SBE FEE Scope of Services In-house PM support for Drainage Projects Total Fee $300, 000 Fee Amount Percentage $264,000 $36,000 $300,000 SBE Fee $36,000 88.0% 12.0% 100% MIWBE Percentage 12% 11/10/2010 Exhibit B-3A EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) Engineering Design Services Associated with STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — 01874-01 A. SUMMARY OF TOTAL FEE Services Description Engineering Services Project Total Total 283,500.00 283,500.00 11/10/2010 Attachment C ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A STORM WATER ENGINEERING ON -CALL SERVICES FY 2013 — 01874-01 1. Preparation of Right -Of -Way or easement documents is not included. If easements are determined to be necessary, preparation shall be at an additional cost. 2. Detailed Hydraulic computations are not included. 3. Scour analysis is not included. 4. Preparation of Letter of Map Revision (LOMR) documents is not included. 5. Subsurface Utility Engineering is not included. 6. Utility clearance and coordination is not included. 7. Construction inspection, administration, and bidding are not included. 8. Preparation of Construction Specifications is not included. 9 Monthly meeting reports and schedule updating are not included. 10. Geotechnical Engineering and pavement design services are not included. M&C Review Page 1 of 1 ITY IL COUNCIL ACTION: Approved on 11/12/2012 DATE: 11/12/2012 REFERENCE NO.: **C-25965 CODE: C TYPE: CONSENT SUBJECT: LOG NAME: PUBLIC HEARING: Authorize Execution of a Drainage Professional Services Agreement with Shield Engineering Group, PLLC, in the Amount of $300,000.00 for Miscellaneous Storm Drain Improvements Project Design (ALL COUNCIL DISTRICTS) Official site or lice City of Fort Worth, Texas FORT WORTI I 20SWM SHIELD - GREEN NO RECOMMENDATION: It is recommended that the City Council authorize the execution of a drainage professional services Agreement with Shield Engineering Group, PLLC, in the amount of $300,000.00 for miscellaneous storm drain improvements project design. DISCUSSION: The Agreement recommended by this Mayor and Council Communication will provide for the expedited design of miscellaneous major repair and minor construction projects related to the City's stormwater drainage system. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star -Telegram in November, 2011. Eighteen consultants responded and Shield Engineering Group PLLC., was selected as the most qualified consultant. Shield Engineering Group PLLC., proposes to perform the scope of work for this contract on a time and materials basis for a not -to -exceed fee in the amount of $300,000.00. Shield Engineering Group, PLLC, is in compliance with the City's BDE Ordinance by committing to 12 percent SBE participation on this project. The City's SBE goal for this project is 12 percent. This design work is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1) P227 531200 201280187433 $300.000.00 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Douglas W. Wiersig (7801) Cannon R. Henry (2587) http://www.fortworthgov.org/council_packet/me_review. asp?ID=17453 &councildate=11... 11/19/2012