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HomeMy WebLinkAboutContract 45328 (2)Ca m rn Go CITY OF FORT WORTH, TEXAS 4.11IV CM1i E AC s, STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Halff Associates, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Drainage Review Assistance Services Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Drainage Review Assistance Services. (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 11 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 $250,000 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: 08/09/2012 Page 1 of 8 OFFICIAL RECORD CITY SECRETARY `��;, WokIgi, TM Article I11 Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two years, 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: 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 Department, Attention: Clair Davis, Floodplain Administrator, 1000 Throckmorton Street, Fort Worth, Texas 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. 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 3 of 8 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. _la 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 Toss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultants 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 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 4 of 8 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. 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 C ty of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 5 of 8 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 XI1 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. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 6 of 8 any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Clair Davis, Floodplain Administrator Transportation and Public Works 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Halff Associates, Inc Attn: Jerry F. Roberts 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 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 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 7 of 8 Executed and effective this the BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 1/284 APPROVAL RECOMMENDED: 650-> r tioBy. Dou iersig Direc or, TPW ay of May;-2Q :-- a BY: ENGINEER Halff Associates, Inc. Orry F. Roberts Date: ce Presi ent ce President APPROVED AS TO FORM AND LEGALITY MC No.: C-Zit /n.3Z. gam By: nfl A IAJ bLit - Deugl-as-W: Black ryi Assistant City Attorney ATTEST: Mary J. er City Secretary City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 08/09/2012 Page 8 of 8 lie kr - ere MC Date: t • ATTACHMENT "A" Scope of Work Drainage Review Assistance Services City Project No. The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, ' ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Halff Associates, Inc. (Consultant) will provide 1) assistance in review of iSWM and Grading Plans, ISWM Construction Plans Infrastructure Plans, and CIP Construction Plans (Grading and Drainage) for the City of Fort Worth Department of Transportation and Public Works; and 2) training for Consultants in the Land Development Community. Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. WORK TO BE PERFORMED Management Task Order Implementation iSWM and Grading Plan Review iSWM Construction Plan Review Infrastructure Plan Review CIP Plan Review (Grading and Drainage) Training for Consultants in the Land Development Community TASK 1. MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • • • • Lead, manage and direct team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources 1.2. Communications and Reporting • The Consultant will maintain a log of all drainage reviews in a manner approved by the City Project Manager. The log will include project name and number, City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 5 • dates of receipt of plans, name of review engineer, date of completion of review, and status of review. • At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer's Engineer to discuss comments. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Complete Monthly SBE and MBE Report Form and Final Summary Payment Report Form at the end of the project. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Drainage Review Logs. B. Monthly invoices. C. Monthly progress reports. D. Monthly M/WBE Report Form and Final Summary Payment Report Form. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request The City Project Manager will notify the Consultant when a project is to be reviewed. Plans will be submitted to the Consultant in a digital format by email or the Consultant will be asked to obtain printed plans from the City The City will screen the application for completeness and specifically request the type of review needed, i e. iSWM Plan, Grading Permit, iSWM Construction Plan or other review The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. The City Project Manager will also provide additional background information needed by the Consultant such as existence of known downstream drainage and flooding problems. The notification to Consultant will constitute the Task Order Notice to Proceed. 2.2 Initial Review Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City later. The Consultant will be available to discuss comments with the City Project Manager as needed. The City Project Manager will be responsible for providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 5 2.3 Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. 2.4 Project Closeout When all comments have been addressed to the satisfaction of the City, the City Project Manager will notify the Consultant and the particular review will be considered closed. TASK 3. iSWM AND GRADING PLAN REVIEW 3.1 Initial iSWM Plan Review In general the purpose of an iSWM plan review is to confirm that adequate outfall exists and that adverse impacts will not result from the proposed project. Specific items to be reviewed for existing, proposed, and ultimate conditions include drainage area delineations and area computations, proper use of runoff coefficients and composite runoff coefficient computations, and analysis of downstream drainage capacity. Detention calculations and modeling will be required for those projects where detention is required. 3.2 Subsequent iSWM Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. Subsequent reviews may include review of Stormwater Facilities Maintenance Agreements (SWFMA), Preliminary Plats, and Final Plats. DELIVERABLES A. iSWM and Grading Plans with Redline Comments. B. Comment Letter (signed and sealed). C. PDF of iSWM Plans with Redline Comments. D. PDF of Comment Letter TASK 4. iSWM CONSTRUCTION PLAN REVIEWS. 4.1 Initial iSWM Construction Plan Review iSWM Construction Plans will be reviewed to determine appropriateness of the individual BMP for the particular application. This will include review of capacity calculations, notes, and construction details. 4.2 Subsequent iSWM Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM Construction Plans with Redline Comments. B. Comment Letter (signed and sealed). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 5 C. PDF of iSWM Construction Plans with Redline Comments. D. PDF of Comment Letter TASK 5. INFRASTRUCTURE PLAN REVIEW 5.1 Pre -submittal Plan Review Consultant will review submitted plans and provide comments at the pre -submittal meeting held on Thursday Consultant will attend the pre -submittal meeting and discuss plan comments with the applicant. 5.2 Initial Infrastructure Plan Review Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans will be reviewed in Autodesk Buzzsaw when required. 5.3 Subsequent Infrastructure Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Infrastructure Plans with Redline Comments. B. PDF of Grading Plans with Redline Comments. C. PDF of Comment Letter TASK 6. CIP CONSTRUCTION PLANS. 6.1 Initial CIP Construction Plan Review CIP construction plans reviews will focus on the assessment of proposed drainage and grading improvements for compliance with City requirements. Generally, the review will include drainage area delineations hydrologic parameters, runoff calculations, spread of water calculations, inlet capacity, hydraulic grade line calculations, outfall protection / energy dissipaters, constructability and downstream impacts. Comments will provided on the plans or through Buzzsaw. 6.2 Subsequent CIP Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM CIP Construction Plans with Redline Comments. B. PDF of iSWM CIP Construction Plans with Redline Comments. C. PDF of Comment Letter City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 5 TASK 7. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY. 7.1 Develop plans and strategies for Land Development Consultant Training. • Identify most frequent issues and review problems from past drainage review projects • Meet with City Drainage Review Staff to discuss and formulate best strategy for training. 7.2 Prepare materials for formal training sessions. • Use case studies from past City and Land Development Consultant reviews. • Employ Land Development Consultant and City Drainage Review Staff experiences. • Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed • Prepare a `lessons learned" document that can be forwarded to consultants and posted on the City website This will be a living document to be revised over time. 7.3 Prepare and provide to Land Development Consultants additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 7.4. Conduct training sessions with Land Development Consultants 7.5. Document all training with digital products such as Power Points, handouts, etc. 7.6. Repeat training sessions up to three times. DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 5 Compensation ATTACHMENT B COMPENSATION Drainage Review Assistance Services City Project No. Time and Materials with Rate Schedule Project A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: iv. 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 P rincipal -in -Charge P roject Manager S enior Professional Engineer Junior Professional Engineer Engineer -in -Training (EIT) S enior GIS Junior GIS Engineering Intern CADD Technician Clerical Non -Labor Expenses. Non -labor expenses shall be Direct Expenses at invoice or internal office cost. Billing Rate ($/hour) $240.00 $160.00 $118.00 $100.00 $90.00 $100.00 $67.50 $52.25 $80.75 $57.00 reimbursed as 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. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). 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. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION 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. 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. 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 IV. Summary of Total Project Fees Firm Prime Consultant Halff Associates, Inc. M/WBE Consultants EBG Engineering N on-M/WBE Consultants N one i ATTACHMENT B COMPENSATION P rimary Responsibility P roject Management Drainage Review Assistance Develop Training Strategies for Land Development Consultants P repare materials for land Development Consultant Training Conduct Land Development Consultant Training Fee Amount $217,500 87% Drainage Review Assistance $32,500 13% Assist in preparation of training materials for Land Development Consultant Training Assist in Land Development Consultant Training TOTAL $ 250,000 100% P roject Number & Name Total Fee (MBE)(SBE) (MBE)(SBE)% Fee Drainage Review Assistance $ 250,000 $ 32,500 13% City M/WBE Goal = 15% Consultant Committed Goal = 13 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 5 B-3 EXHIBIT ' B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 5 Amendment No. Halff Associates, Inc. 4000 Fossil Creek Boulevard Fort Worth, TX 76137 Tel: 817-847-1422 Fax: 817-232-9784 email: cmosier@halff.com COFW Project Manager Consultant's Project Manager: Name of Project : Work Phase TF01 Year 1 Drainage Review Assistance TF02 Year 2 Drainage Review Assistance DRAINAGE REVIEW NUMBER ER01 ER02 ER03 ER04 ER05 ERO6 ER07 ER08 ER09 ER10 ER11 Erxx CONTRACT AMOUNT Clair Davis, PE Cindy Mosier, PE i Proj. Invoice No. Invoice date: Period (From - To) DOE No T&PW Proj No. City Secy. Cont. No. DRAINAGE REVIEW ASSISTANCE TOTAL CONTRACT AMOUNT TOTAL CONTRACT AMOUNT TO DATE (including amendments) Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Review No. Review No, Review No. Review No. Review No. Review No. Review No. Review No. Review No. Review No. Review No. Review No. DESCRIPTION OF WORK 1 Name 2 Name 3 Name 4 Name 5 Name 6 Name 7 Name 8 Name 9 Name 10 Name 11 Name xx Name • List all amendments to date (Do not invoice for additional work until the related amendment has been executed by the city) City Secy. Contract No. for the amendment 1 2 3 4 Make all checks payable to : Halff Associates, Inc. Submitted by: Cindy Moiser, PE Project Manager Halff Associates, Inc. 4000 Fossil Creek Boulevard Fort Worth, TX 76137 City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 5 of 5 Description TOTALS Date Executed by City THIS INVOICE Total Amount TOTAL THIS INVOICE Invoice - T&PW STORM Ong. Amount DRAINAGE Revised Amt. incl. Amendment 250,000.00 -) 250,000.00 ( $ $ 250 000.00 $ 250 000.00 STORM DRAINAGE TOTAL PREVIOUS INVOICES CONTRACT AMT. REMAINING imm B-5 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Drainage Review Assistance Services City Project No. None City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of t ATTACHMENT "D" SCHEDULE Drainage Review Assistance Services City Project No. Initial Drainage Reviews Initial Drainage Reviews for typical will be performed within ten (10) working days from the Notice to Proceed. Unusually large or complicated projects will require additional time that will need to be decided following an initial screening of the submittal S ubsequent Drainage Reviews S ubsequent drainage reviews will be performed within the same ten (10) working day timeframe from the date that Consultant is notified that the resubmittal is available As is the case for initial reviews larger, more complex projects and those with detention will require additional time C. Infrastructure Plan Review P re -submittal and first submittal plans will be reviewed within nine (9) calendar days. City of Fort Worth, Texas Attachment D Page 1 of t CPN FORT WORTH PROJECT LBID NUMBER11 (Please check one) MinoritylWomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, DBE 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 DBE subcontracting participation. If the City of Fort Worth determines that, a firm is not currently DBE 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 Ale 1. Name of ContractOra inap,G i/eu Ass n- fe4<rd Seevi4s. . - 2. Value of Original Contract $ ieco, 000 • • • 3. Name of Offeror/Prime Contractor or Consultant Halff 4. The undersigned DBE 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): Civil Engineering EBG Engineering (Name of fRi` Emily Bratz Circle one (Ownir/Authorized Agent of DBE firm) type or Print Name 817-847-9581 (Phone Number) at the price of $ $ 32,500.00 12/12/2013 (Date) �te- .-te (Signature of toner or Author, eld Agent of DBE firm) 817-847-9582 (Fax Number) AFFIDAVIT OF OFFEROR/PRIME CONTRACTOR OR CONSULTANT 1 HEREBY DECLARE AND AFFIRM that I, Jerry C gribc am the duly authorized representative of Circle one Owne uthorized Agent) gag( A 550C/i 3 tt Inc Name of OfferodPrime and that 1 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 D/M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE 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 an authorized on behalf of the Offeror/Prime to make the affidavit. Emily Gratz Circle.One (Owner( Authorized Agent) Type or Print Name • Si attire ofi Crier or Authorize Agent) 214-321-3861 (Phone Number) )eYrj fP4tf, (Name of Orret+or/Pnme) Type or Pnnt I2/,6//3 (Date) / (e/7) 232 - 97e4- (Pak Number 01/14/09 December 5, 2013 Prospect 1008-11-8301 Ms. Brent Lewis, P.E. Vice President EBG Engineering 3950 Fossil Creek Blvd. Fort Worth, Texas 76137 Re: City of Fort Worth Drainage Review Assistance Services MBE / SBE Requirements Notice of Intent Dear Ms. Butcher: Halff Associates Inc. is committed to complying with the City of Fort Worth's Minority Business and Small Business Enterprise (MBE) (SBE) Programs. Upon city approval of the above contract, Halff Associates Inc. intends to subcontract EBG Engineering for the engineering services required to review iSWM Plans for the aboveareferenced project in accordance with the December 5, 2012, proposal in the amount of $32,500.00. If you have any questions, please contact me at 817-764-7475. Sincerely, 1-IALITIF ASSOCIATES, INC. ferry [U . Roberts, P.E. ACKNOWLEDGED: EBG Engineering. By: ery Brent Lewis, P.E. HALFF ASSOCIATES, INC, 4000 FOSSIL CREEK BLVD, TEL (817) 847.1422 WWWIIALFFCOM FORT WORTH, TX 76137-2720 FAX (017) 232-9784 Date: 491%-S-i3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1I140,014 *rdinance No. 21094-01-2014 DATE: Tuesday, January 14, 2014 REFERENCE NO.: **C-26632 LOG NAME: 2ODRAINAGE DESIGN REVIEW SERVICES 2HAI o o e SUBJECT: Authorize Execution of a Professional Services Agreement with Halff Associates, Inc., in the Amount Not to Exceed $250,000.00 for Drainage Design Review Services, Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $250,000.00, Decreasing the Available Cash Balance by the Same Amount and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Professional Services Agreement with Halff Associates, Inc., for an amount not to exceed $250,000.00 for drainage design review services; and 2. Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and appropriations in the Stormwater Utility Fund in the amount ©f $250,000.00 decreasing the available cash balance by the same amount. DISCUSSION: The Professional Services Agreement recommended by this Mayor and Council Communication is for Drainage Design Review Services associated with private development projects. Halff Associates, Inc., (HAI) will augment Staff to reduce the review time for the drainage design component of private development projects. In 2011, the Transportation and Public Works Department, Stormwater Management Division published a Request for Qualifications (RFQ) for various technical services associated with drainage engineering, including services to review private development projects for compliance with the City's drainage design standards. HAI was selected as one of the most qualified engineering consultants for this service. HAI proposes to perform this work on an on -call, time and materials basis for a fee not to exceed $250,000.00. The proposed fees will provide for the review between 75 and 100 additional plan sets depending on the complexity of the projects. M/WBE Office: HAI is in compliance with the City's BDE Ordinance by committing to 13 percent SBE participation. The City's SBE goal on this project is 13 percent. FISCAL INFORMATION / C; �TIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental ordinance, funds will be available in the current operating budget, as appropriated, of the Stormwater Utility Fund. Upon approval, the available cash balance of the I .nannme.• 9fl WR A TN A GF. TWFSJGN R FVTFW SPR VTPPS 7T-TA T Poe 1 of 7