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HomeMy WebLinkAboutContract 45336 (2)ary SECRETARY (453 CITY OF FORT !NORTH, TEXAS CONTRACT .. � , '. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGRITMENT 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: Fluvial Geomorphological Engineering On -Call Professional Services and Related Services for Storm Water Improvements Projects. Article 1 Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Fluvial Geomorphological Engineering 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 not exceed a total of Three Hundred Twenty Thousand Dollars ($320,000) unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 RECFIVFFJ FEB 0 42or4 OFFICIAL RECORD C!TY UCRETARY FT. WORTH, TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of twenty- four (24) months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents employees, contractors, and subcontractors and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local state and national boards bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services 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 $1,000,000 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 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. 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. 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. 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 commence correction of such nonperformance with 5 days of written notice and City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 4 of 8 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: 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 Tess 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 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: Greg Simmons, P E 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Barbara Nickerson, Vice President 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 Page7of8 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 twenty-first day of January, 2014. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 1/341/4 APPROV` L RECOMMENDED: G5.1 By: Douglas ersig, P.E. Director, Works Transportation and Public BY: ENGINEER Freese and Nichols, Inc. \J\ CkfLAC oir Barbara A. Nickerson Principal and Vice -President Date: 1 APPROVED AS TO FORM AND LEGALITY M&C No.: By: hAA,CitAi Detrglas-W-Biat rn Assistant City Attorney ATTEST: MdryJ. City Secreta City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8 of 8 M&C Date: Yn - krG +t' 2.10 Cr Zu u35 11414 I, OFFICIAL RECORD CITY SECRETARY Ft WORTH, lix ATTACHMENT "A" Scone of Services for Miscellaneous Stream Geomornholooical Assessments SWS-069 PREFACE The City of Fort Worth experiences many of the erosion and sedimentation problems that plague the North Texas region due to the unique soil types and geology of the area. These erosion and sedimentation problems typically manifest themselves through the following: 1. Sloughing, migrating stream banks that threaten homes, businesses, and City infrastructure. 2. Increasing flood risk due to reduced conveyance capacity in channels and reduced storage capacity in detention areas. 3. Consuming field operations crew time in removing and disposing of excess sediment. 4. Creating unsightly and unsafe areas for nearby residents. Many erosion and sedimentation problems are localized and can be addressed with existing City in-house field engineering and field operations resources. However, there are still several locations within the City that are larger in scale for which the cause of stream instability is not readily apparent. In these cases, localized ' repairs" are ineffective, and can transfer the problem elsewhere upstream and/or downstream, or worsen the existing problem. In these cases, professional services are required to properly diagnose the cause and implement solutions. 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 fluvial geomorphologist, consultant, and any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVES 1. This contract provides for professional services through a number of Task Order assignments so that the City can respond to systematic erosion and sedimentation problems on an as -needed basis. Task Orders are to provide geomorphic assessment and related services. These services may include, but are not limited to the following: • Desktop analysis o Historical maps o Historical aerial photographs o Soil o Geology o Survey • Site visits (site specific and reach scale) • Existing channel morphology assessment (notes, sketches, photographs) • Geologic investigation City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 2 • Bed sediment gradation analysis • Submerged jet testing and erodibility index • Slake durability • Sediment transport analysis • Equilibrium slope analysis • Shear analysis • Scour analysis • Planform stability • Instability severity ranking and prioritization • Erosion hazard zone • Feasibility assessment of stabilization techniques o Traditional methods o Natural channel design o Hybrid • Conceptual channel protection/stabilization design • Coordination with design engineers • Develop monitoring plans WORK TO BE PERFORMED Because of great variation in the assessment needs at each location, the 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, and a blank sample is provided in Attachment C to this contract. Authorization to proceed is given by signature of the City's Project Manager. Compensation is based on time and materials using the rate sheet provided as Attachment `B" to this contract. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 2 ATTACHMENT B COMPENSATION On -Call Fluvial Geomorphological 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: 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 for personnel who may work on Task Orders under this contract: Classification Hydrologist 4 Hydrologist 5 Hydrologist 6 Engineer 3 Engineer 4 Engineer 5 Environmental Scientist 4 Environmental Scientist 5 Senior Technical QC CAD Technician 4 CAD Technician 5 GIS Analyst 3 GIS Analyst 4 GIS Analyst 5 Administrative Assistant Program Administrator Group Manager 2014 2015 130 138 150 159 169 179 150 159 169 179 193 204 169 179 193 204 234 247 100 106 115 122 100 106 115 122 135 143 90 95 125 132 234 247 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost plus a markup of ten percent(10%). 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 works 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 5 B-1 ATTACHMENT B COMPENSATION 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 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 3 of 5 Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Tel: 817-735-7300 Fax: 817-735-7496 email: jvc@freese.com COFW Project Manager Ranjan Muttiah, PhD, PE Consultant's Project Manager: Stephanie Coffman, G.I.T. Name of Project : Work Phase OAAO On Call Geomorphological Services 1 Proj. Invoice No. Invoice date: Period (From - To) DOE No. T&PW Proj No. City Secy. Cont. No. On CaII Geomorphological Services • CONTRACT AMOUNT TOTAL CONTRACT AMOUNT TOTAL CONTRACT AMOUNT TO DATE (including amendments) Invoice - T&PW GEOMORPHQLOGICAL SERVICES Orig. Amount $ $ 320,000.00 $ $ I-- Revised Amt. incl. Amendment $ 320,000.00 $ 320,000.00 $ 1 1 1 STORM DRAINAGE NUMBER TASK DESCRIPTION OF WORK THIS INVOICE PREVIOUS TOTAL CONTRACT AMT. INVOICES REMAINING $ o $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - $ - $ $$ - $ ` $ - $ - $ - List all amendments to date (Do not invoice for additional work ntil the related amen anent has been executed by the city) Amendment No. Description > City Contract Secy. No. Date Executed by Total Amount — for the City y 1 2 $ - 3 $ - 4 $ - %` % f \ TOTALS $ - TOTAL THIS INVOICE Make all chjcks payable to": Freese andNichols, Inc. Submitted by: Stephanie Coffman , Project Manager Freese & Nichols,'Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Accounting Representative: Jana Collier City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 5 i so.00 I B-4 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) ON -CALL GEOMORPHOLOGICAL SERVICES Consulting Firm PRIME CONSULTANT: Freese and Nichols, Inc. SUB Consultant: Peter Allen Gorrondona* SUMMARY OF TOTAL PROJECT FEES Prime Responsibility Amount Geomorphology Consultation $255,000 Geomorphology Consultation $20,000 Stakeholder Coordination Field Survey & Geotechnical $45,000 Services Percent 79.6% 6.3% 14.1% Total for Professional Services $320,000 100% *MWBE Participation shall be 14.1% for Gorrondona and Associates (GAI) EXHIBIT "B-3A" Page 1 of 1 Rev. 06/10 MINNICHOLS Attachment C TASK AUTHORIZATION #01 Client: City of Fort Worth City Project No.: FNI Project No.: Attn: Phase/Task/Dept. No.: Date: This authorization is in accordance with the terms and conditions outlined in the Master Agreement executed on and expires on Project Description: Description of Services: Deliverables: Compensation shall be as follows: Schedule shall be as folio The above described are done. All othe amended shall rema ►/ DA A contract E AND NIGH or Type N entices s rovisions, full force roce 's fication will �rization will s thorization of this Task Authorization. Services will be billed as they cona`ltos of the agreement for services which are not expressly bmitted. as notice to proceed. CITY OF FORT WORTH, TEXAS: BY: Print or Type Name TITLE: DATE: 1 4055 INTERNATIONAL PLAZA, SUITE200 I FORT WORTH, TEXAS 78109-4895 I TELEPHONE: 817-735-7300 I METRO: 817-429-1900 I FAX: 817-735-7491 L:IResouroeslcbsl FORT WORTH DOE CONTRACT CAPITAL PROJECT BID NUMBER (Please check one) Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth MNVBE Ordinance, M/WBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that, a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011] 1. Name of Contract On Call Geomoiphological Services 2. Value of Original Contract $ 320,000 3. Name of Offeror/Prime Contractor or Consultant 4. The undersigned MWBE firm 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): Field Surveying and Geotechnical Gorrondona and Associates (Name of MUSE Firm) W. Truett Wilson Survey Director Circle one (owner/)Authorized Agent of MIWBE firm) Type or Print Name at the price of $ 11/15/2013 (Date) 45,000 (Signature of Owner or Authorized Agent of MNVBE firm) 817-496-1424 817-496-1768 (Phone Number) (Fax Number) AFFIDAVIT OF OFFEROR/PRIME CONTRACTOR or CONSULTANT Barbara Nickerson I HEREBY DECLARE AND AFFIRM that I, am the duly authorized representative of Circle one (Owner/Authorized Agent) Freese and Nichols, Inc. Name of Offeror/Pnme and that I have personally reviewed the material and facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth MNVBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and correct and that I authorized on behalf of the offeror/prime to make the affidavit, Barbara Nickerson Freese and Nichols, Inc. Freese and Nichols, Inc. Circle ope (Owner/ Au horfzed Agent) Type or Print Name (Name of OHerl rime)Type or Print (Signature of Owner or Authorized Agent) (Date) I i / i b ' 817-735-7300 817-735-7491 (Phone Number) (Fax Number) 01/14/09 M&C Review Page 1 of 2 11( COUNCIL, Mr] DATE: hglITTA COUNCIL ACTION: Approved on 1/14/2014 1/14/2014 REFERENCE NO.: CODE: C Official site of the City of Fort Worth, Texas Foi WoR Ti: Thler 20MISCELLANEOUS STREAM **C-26635 LOG NAME: GEOMORPHOLOGICAL ASSESSMENTS TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of an Agreement with Freese & Nichols, Inc., in the Amount of $320,000.00 for Miscellaneous Stream Geomorphological Assessments to Control Erosion (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Freese & Nichols, Inc., in the amount of $320,000.00 for Technical Services provided for Miscellaneous Stream Geomorphological Assessments to control erosion. DISCUSSION: This contract will provide on -call services to develop solutions for severe erosion in drainage channel and natural creeks which poses a risk to public safety and personal property. Special scientific and engineering expertise are needed to develop sustainable solutions that don't just shift the erosion problems to another part of the channel. Over the life of this two year contract, the consultant will be engaged to develop solutions for the highest priority erosion problems. Depending on the scale of the solution, the mitigation project will be implemented using either in-house resources or by external contracting. A Request for Qualifications (RFQ) for a variety of drainage engineering services was published in the Fort Worth Star -Telegram in November, 2011. Twenty two firms responded to this aspect of the RFQ, from which Freese & Nichols, Inc., was selected as the most qualified firm based on published selection criteria. Freese & Nichols, Inc., proposes to perform the scope of work for this contract on a time and materials basis for a not -to -exceed fee of $320,000.00. Staff considers this fee to be fair and reasonable for the scope of services. Funding from the Stormwater Utility Fund will be used. M/WBE Office - Freese & Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 14 percent M/WBE participation. The City's goal on this project is 14 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Stormwater Utility Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531200 0209202 $320.000.00 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Originatina Department Head: Douglas W. Wiersig (7801) http://apps.cfwnet.org/council packet/mc_review. asp?ID=19267&councildate=1 / 14/2014 1 / 15/2014 M&C Review Additional Information Contact: ATTACHMENTS Ranjan S. Muttiah (7919) Page 2 of 2 http://apps.cfwnet.org/council packet/mc review.asp9ID=19267&councildate=1/14/2014 1/15/2014