HomeMy WebLinkAboutContract 45308 CITY SECRETARY
CITY OF FORT WORTH, TEXAS P-,4ONT'RACT NO,MMMWI
STANDARD AGREEMENT FOR PROFESSIONAL. SERVICES
This AGREEMENT is between the City + ffrt Worth, a Texas horne-rule municipality
(the "CITY"), and Freese and Nichols, Inc. authorized! to business in Texas n
w
independent contractor ("Consultant"), r a PROJECT described Drainage
Review Assistance Services.
Article
Scope oS es
(1) Consultant hereby agrees to perform as an independent contractor -the services ,set
forth in the Scope f Services attached hereto a Attachment `�A
+ . `haws services
shall he performed in connection with Drainage Reviews for land Developers as
specifically detailed in Attachment "A"
(2,) Additional services, if any, will he Au stad in writing by the City.. City shall not pay
for any work rformed by Consultant or, its sub consultants, subcontractors and/or
su Hers 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 f t
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shorn in
Attachment "B,". Payment shall he 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 Two Hundred Fifty
Thousand Dollars ($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 3 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
-he City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PM01 Official Release Cute.- 1/28/2013
Page 1 of
FFFICIA R '00
RECEIVED JAN 2 3 2014 CITY SECRETARY
7 1 r
FT WORTH9 TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of twelve
months, begi'nn,ing 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 detai'ls 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
I
(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 Agreernent for Professional Services
PLO 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
insuraince 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 giiven
by the City; provided, however, Consultant may elect, to add a,ny subconsultant, as
an additional, insured under, its liability policies.
Commercial General Liability
$11 01010,000 each occurrence
1,0001 000 agg regate
Automobile Liability
$1,0001,000 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
$500,0100 disease - policy limit
$1010,000 disease - each employee
(2), Additional Insurance Requirements
a, Except for, employer's liability insurance coverage under Consultant;s worker's
compensation insurance pollicy, 'the City, its officers, employees and servants shall
be endorsed as an addit,ional insured, on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to, the Stormwater Management,
Division,, Attention'- Greg Simmons, 1000 Throickmorton, Fort Worth, TX 761021
prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute awailver 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-payme�nt of
premium.
City of Fort Worth,Texas
Standard Agreement fQ Prolfes,si,oinal Services
PMO Official Release Date: 1/2812013
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 N 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 empiloyed on the
Project shall be endorsed with a waiver of subr,ogati'on 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
Cityls officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could resu,lt in a property loss.
k. Consultant's, liability shall not be limited, to the specified amounts of insurance
required herein.
1. Upon the reqlu,est of City, Consultant shall provide, complete copies of all
insurance policies required by these Ag,reement 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 Vill
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
City of Fort Worth,Texas
Standard Agreement for Professional,Services
P :Official,Release Date: 11/28/2013
Page 4 of 8
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3 All reports,, whether partial or complete, prepared under this Agreement, including
any original drawings, or d cuments, 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 cornipliance 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 provis,io,n, to
the effect that the subcontracting, consultant agrees that the City shall, until the
expliration 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 pro' idea 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)i Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-20111
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises, in pity contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreeiment 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 compily 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 cornpily with all orders,, laws
ordinances and regulations which may exist or may be enacted later by governing bodlies
having jurisdiction or authority for Such enactment. No plea olf' 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 X11
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 coins-trued in accordance with the laws, of
the State of Texas.,
Article X111
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 rile 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 Of Release Date. 1/28/2013
Page 6 of 8
Arficle XIV
Severabillity
The provisions of this Agreement are severable, and, if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the app�lication 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.
Art"Icle 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 request , postage
prepaid, to the address, of the other Party shown below,-.
City of Fort Worth
Attn-. Greg Simmons, P.E.
10100 Throckmorton
Fort Worth,Jexas 76102
Consultant:
Freese and Nichols, Inc.
Attn: Kelly Di'llardy P.E.
4055, International Plaza, Suite 2010
Fort Worth, Texas, 76109
Article XVI
Head'ings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision, of this Agreement
City of Fort Worth,Texas
Standard Agreement for`Professional Services
PMO Official Release Date: 1/28/2013
Page 7 of 8
A rt"1�
cle XV11
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 theA —day 204�3,;�O
B Y.- Y:
CITY OF FORT WORTH ENGINEER
Freese and Nichols, Inc.
-Owk
. ............
Fernando Costa hn Dewar, P.E.
c.
Assistant City Manager, Pi I e President
Iq-I
Date*.--
Date:
APPROVAL RECOMMENDED*
//45)
By: f4
r ougl Wiers,ig, P.E.
Director, Transportation V, blic Works
APPROVED AS TO FORM AND LE ELI C No.: 2-LeU
By: rVVAL cL< VVV- L,,-,%t M&C Date:
Ky"ett
Assistant City Attorney
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City of Fort Worth,,Texas OFFICIAL RECORD
Standard Agreement for Professional Services,
ORD
PM O Oifficial Release Date:1/28/2013 [CIT'Y SECRETARY
Page 8 of 8 no WORTH9 TX
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ATTACH'MEN'T "
Scope of Work
Drainage Review Assistance Services
City Project N .
The scope sot forth heroin 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 N Il EER.
OBJECTIVE
Freese and Nichols, Inc. (FN I), (Consultant) will provide assistance in review of iS,WM
Plans, Grading Flans, ISWM1 Construction Plan, and CIP Construction Plans (Grading, and
Drainage) for the City of Fort Worth Department of Transportation, and Public Works..
WORK To BE PERFORMED
Tall 1- Management
Task 2. Task order Implementation,
Task 3. iSWM Plan Review
Task.4. Grading Plan Review
Task 5. i WM Construction Plan Review,
Task 6. CIP Plan Review (Grading and Drainage)
TASK 1. MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of NGINEER's and CIT "'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 Man,agor and others as necessary to make progress
on the work
1.1. Managing the Team
• Load, 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 'deporting
The Consultant will maintain a log of ail drainage reviews in a manner approved
by the City Project Manager. The log wil,li, include project name and member,
dates of receipt of plans, review costs, name of review engineer, date of
completion of review, and status of review.
City of Port Worth,texas
Attachment A
PMO Release Date 07/23/2012
Page 1 of 5
IIIIIII%IIIIMtliH%I%%II%I%IIIIIIIIIIO%tltl%MIIIAIl01Y0M%I%I%%IIIIIIII1111%IMIPoNWWNtliPoNNMM1MNtlNPotlIM1tlMdMO ItlpM0101W4 i✓'"^'"""" r'"'"""""""""""'
At the request, of the City Project Manager, the Consultant will attend meetings
with the Developer and Developer Engineer to discuss comments, The
Consultant will not discuss review comments or meet with Developers or Design
Engineers concerning the review project outside of City meetings, unless
requested by City Staff.,
Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY.
DELIVERABLES
A. Drainage Review Logs
B. Dig,ital copies of all correspondence with Applicants.
C. Monthly invoices.
D. Monthly progress reports.
TASK 2. TASK ORDER IMPLEMENTATION
2.1 Initiate Task Order Request
At the request of the City Project Manager or designated representative), Consultant
will pick up plans for the project to be reviewed from the City. This will be done within
one working day of the request. The City will specifically request the type of review
needed, i.e., iSWM, Plan, Grading Permit, iSWM Construction, Plan, or other review.
The package will, include the information submitted to the City such as completed
checklists, plansl computations, reports, and computer models. The City Project
Manager should also provide additional background inform ation needed by the
Consult ant such as existence of known downstream, drainage problems and flooding.
Consultant will make digital copies of gall submittal materials and return originals, to
the City Project Manager.
2.2 In,iti,a,l Review
Comments will be shown with red marks on plan and calculation sheets and will be
accompanied by brief'commentary on each comment, within a transmittal letter. Final
comment response, letters will be signed and sealed by the Review Engineer.
Reviewed plans and transmittal letters will be electronically transmitted to the City in
pdf format. The Consultant will be available to discuss comments with the City
Project Manager as needed. The City Project Manager will be responsible for
providing comments to the Developer and Design Engineer. Initial reviews shall be
completed within 14 calendar days of notification from City Project Manager.
2.5 Subsequent Review
Reviews of revised plans will be prepared in the same manner as for initial reviews.
Each, resubmittal will be completed within 14 calendar days of notice of res,ubmittal.
City of Fort Worth,Texas
Attachment A
PO Release Date:07/23/20112
Page 2 of 4
. ....................
2-6 Project Closeout
When all comments have been addressed to the satisfaction of the City, the City
Project Manager will notify the Consultant and the particular review will be
cons,idered closed. The Consultant will submit a final, sealed letter to the applicant
indicated that cornments have been addressed.
TASK 3. IS PLAN REVIEW.
3.1 Initial iSWM Plan Review
iSWM plan review generally involves confirmation that adequate outfall exists and
that adverse impacts will not result, from the proposed project. Specific items to be
,reviewed for existing, proposed, and ultimate conditions include drainage area
delineations and 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 iS Plain Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES, (DIOgitall format)
A. iSWM, Plans with Redline Comments.
B. Comment Letter (signed and sealed at final version).
TASK 4. GRADING PLAN REVIEW
4.1 Initial Grading Permit Review
Grading permit review will generally involve review of drainage area delineations and
calculations in order to confirm that adequate outfall exists and that grading will not
adversely affect adjacent property.
4.2 Subsequent Grading, Plan, Reviews
Reviews of revised plans will be prepared, in the same manner as for initial reviews.
DELIVERABLES,
A. Grading Plans w m
ith Redline Coments.
B. Comment Letter (signed and sealed at final version).
TASK 5. wISWM CONSTRUCTION PLAN REVIEWS,.
5.1 Initial iSWM Construction Plan Review
iSWM Construction Plans will be reviewed: to determine appropriateness of the
individual BMP for the particular application., This will include review of capacity
calculations, notes, and construction details.
City of Fort Forth,Texas
Attachment A
PMO Release Date.07/23/2012
Page 3 of 4
5.2 Subsequent iSWM Construction Plan Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES
A. iS r" M Construction Plans, with, Redline Comments.
B. Comment Lotter (signed and sealed gat finial version).
ASK 6. CIS" CONSTRUCTION PLANS.
6.1 Initial CIP Construction Plan Review
CI P' 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 pararnotors runoff
c alcula ations, spread of gyrator calculations, inlet capacity, hydraulic grade lino
calculations,, outf ll protection energy dissipaters, constructa ility and downstream
impacts.
6.2 Subsequent CIP Construction Plan reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES
A. iSWM CIS' Construction Plans with l odlline Comments.
B. Comment Letter (signed and sealed at final version).
City of Fort Worth,Texas
Affac,hmient
PMO Release Date:07/23/2012
Page 4 of 4
ATTACHMENT13
COMPENSATION
Drainage Review Assistance Services
City Project No.
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A,
as follows*
i. Personnel Time. Personnel time shall be compensated based upon
hours worked directly in, performing the PROJECT multiplied by the
appropriate ' go
Labor Cate� [y Rate for the ENGINEER's team member
performing the work.
Labor Category Rate as presented in the rate sichedulle table below is the
rate for each labor category performing, the work and includes, all direct
salaries,, overhead,, and profit.
A surrimary of'current hourly billing rates is provided below
CAD Technician/Designer- 1 84
CAD,'Technician/Designer-2 109
CAD Technician l esig ner-3 134
Construction Manager- 1 79
Construction Manager,-2 103
Construction Manager- 3 121
Construction Manager-4 151
Corporate Project support- 1 80,
Corporate Project Support- 2 97
Corporate Project Support- 3 129,
Intern/Coop 49
Professional - 1 99
Professional -2 120
Professional - 3 135
Professional, -4 15,6
Professional - 5 182
Professional,-6 208
Technology Charge 8.50
Nora-Labor Expenses. Non-labor expenses shall be reimbursed as
Directs enses at invoice or internal, office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel
and lodging expenses, mail, supplies,, printing and reproduction services,
other direct expenses associated with delivery of the work; plus,
City of Fort Worth,Texas
Attachment B
P Official Release Date:8,091, 0,1
Page I of'5 B-1
ATTACHMENT B
COMPENSATION
applicable sales, use, value added, business transfer, gross receipts, or
other similar taxes.
iii. Subcontract Expenses. Subcontract expenses, and outside services,
shall be reimbursed at cost to ENGINEER plus a markup of ten percent
(10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that
end so that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond" the indicated budgets,,
as may be adjusted, nor is the City obligated'! to pay ENGINEER beyond
these limits,.
If ENGINEER projects, in the course of providing the necessary services,
that the PROJECT cost presented in Article 2 of this Agreement will be
exceeded, whether by change in scope of the project) increased, costs or
other conditions, the ENGINEER shall immediately report such fact to the
City and, if so instructed by the City, shall, suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs
expended prior to such increase will be allowalbile 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 11 -
Method of Payment.
1111. 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 perforn"iing 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.
Di. Payment of invoices will be subject to certification by the City that such work has
been performed.
Ill. 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 pity.
I
City of Fort Worth,Texas
Attachment B
P1\AO Official Rellease Date: .09. 412
as 2 of 5 B-2
Attachment B
COMPENSATION
V. Summary of Total Project Fees
F'irm Pr mart' Responsibility Fee Amount
Prime Consultant
Freese and Nichois, Inc. Engineering Reviews, $21210100.001 84.8%
SBE Sub-Conset'tant
EBG Engineering Engineering Reviews $38,000.00 151.2%
Nan — MIWB,E Consultants
N/A
TOTAL $250,000-00 100%
P 'ect Number and Name--'-- Total Fee MIWBE Fee M[WBE %I
Drainage Review Assistance $250,000-00 381 00-00 15.2%
City NIMBE Goal = 15% Consultant Committed Goal = 15.2°
City of Fort Worth,Texas
Attachment B
PM O Official,Release Dat -8,09,20 12
Page 3 of
EXHIBIT "13.1"
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
PM0 Official Release Date.8.09.2012
Page 4 of
Freese and Nichols,Inc. Invoice-T&PW
4055 International Plaza, Suite 200 Prof.Invoice No.
Fort Worth, TX 76109: Invoice date:
Tel:4917-735'-7300, Period From-To
Fax: 817-735-7491
DE.No.
email:pla@freese.com T'&PW Pro j N o.
City Secy.Cont.No.
COFW Project Manager Greg Simmons,FE
Consultant's Project Manager: Kelly Dillard,PE
Name of Project.- R-EVIEW ASSISTANCE-
Work Phase STORM DRAINAGE
Revised Amt._7
Orig.Amount ind.Amendment
O Drainage Review Assistance $ $
$ 250,000.00
$
CONTRACT AMOUNT $ 2501000.00 $
TOTAL CONTRACT AMOl NT $: 250000.00
TOTAL CONTRACT AMOUNT TO DATE(including amendments) XX'000.00
STORM.15AAWAGE
DRAINAGE TOTAL. CONTRACT
REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT.
NUMBER INVOICES REMAINING
ER,01 Drainage Review No. 1 Name $ $ - $
ER02 Drainage. eview No.2 Name $ $ W $
'ER O,3 Drainage Review No.,3 Name $ $ $
ERA Draina2e Review No.4,Name $ $ $
E Drainage Review No,.5 Name $ $ $
ER 06 Drainage Review No�.6 Name $ $ $
ER07 Drainage Review No.,71"Narne $ $
E,RO,8 Draina2e Review No.8 Name $ $ $
$
ER 09 Drainage Review No.91 Name $ $
ER 10 Drain a2e,Review No.101 Name $ $ $
ER 11 Drainage Review No. 11 Name $ $ A
Erxx Drain Ne Review No.,xx Namle $
$
$ $
List all amendments to date
(Do not invoice for additionad work until the related amendnient has been executed by the ELt)
City Secy. Date
Amendment No. Description Contract No. Executed,by Total Amount
forthe City
am,endmen,t
2
3
4
TOTALS $
TOTAL THIS INVOICE
Make all checks payable to
Freese and Nich ls,Inc.
Submitted by*
Kelly Dillard,,,P.E.,CFM
Project Manager
Freese,&Nichols,Inc.
4055 International Plaza,Suite 200
Fort Worth,TX 76109
Accounting Representative: Patti Allen
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09-2012
Page 5 of 5
B-5
DOE PROJECT BID NUMBER---,,,,-
FORT WORTH (Please check one)
MinorityMomen Business Enterprise Office
LETTER OF INTENT TO PERFORM AS A S SUBCOrfrRACTORISUBCONSULTANT
[NOTE: Pursuant to the City of Fort,Worth Bus:iness Diversity Enterprise Ordinance, BBB firms participating under the Ordinance must be certified
prior to recommendation of award in order to be counted towards subcontracting participation,. A Small Business Enterprise(SBE)we defined as a
business concern located in the marketplace that meets the Unites States Br al,l:Business Administrat'lon definition of a small business as
outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise(DBE)also meet small
business enterprise requirements.]
1. Name of Project Stormwater Development Reviews
2. Name of Offeror/Prime contractor Freese and Nlchols,, Inc.
3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the
above project(where applicable specify"supply"or"install"or both):
Perform on-cal,l draping ggdevelooment reveim at the price of$ 381000,00
E,BG, Eng isle erinq- November 22,12013
(Name of SSE Firm) (Date)
Brent E. Lewis, P.E.
Circle one(Owne Type or Print Name (Signature of Owner or Authorized Agent of SSE firm)
BLEWIS,@EBGENG.COM Off. (8 1'D 847-9581, Fax (817) 847-9582
(Emall Address to appear on Listings provided,by the MWBE Office) (Office and Fax Numbers)
AFFIDAVIT OF Offeror/Prime CONTRACTOR
I HEREBY DECLARE AND AFFIRM that 1, Kelly Dillard am the duly authorized representative of
Circle one(Owner/Authodzed Agent),
Freese and Nichio,ls,Inc and that I have personally reviewed the material and
Name of Prime Contractor
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 Business Diversity Enterprise Ordinance, any person, [entity]who makes,a false or fraudulent
statement in connection with participation of a SB,E in any City of Fort Worth contract may be referred,for debarment procedures
under the City of Fort Worth Business Diversity Enterprise Ordinance.
I do solemnly swear or affirm,that the signatures contained herein and the information provided by the Prime Contractor are true
and correct,and that I am authorized on behalf of the Prime Contractor to make the affidavit.
Kelly Dillard Freese and Nicho.1g, Inc.
Circle One(Owner/ thodzed Agent ype or Print Name (Name of Prime Contractor-Print or T
November 22,,2013 t
10
(SIq I nature of 0�5�orAuihorilzedi Agent) (Date)
817-735.73 11 3 817.735-7491
(Office Number) (Fax Number)
6/1/2012
A#%v rt tyo o Texas
r and t';oun C C
COUNC'1L ACTION., Approved on 1/712014 w Ordinance, No. 21081,0t-20114
DATE: Tuesday, January 07, 2014 REFERENCE NO.: **C-26617
LOG NAME: 20DRAINAGE—,DESIGN—REVIEW SERVICES—2FNI
SUBJECT,-,
Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc.,, in an 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 Avallab�le
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 all Professional Services,Agreement with Freese and Nichols, Inc., for an
amount not to exceed $250,000.00 for drainag,le design review services; and
2., Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and
appropriations in the, S,tormwateir Utility Fund in the amount of$250,000.00 decreasing the available cash
balance by the same amount.
DISCUSSION:
The Professional Services,Agreement recolmmn e�ndeld by this, Mayor and Council Communication is for
Drainage Design Review,Services associated with private dievell,o�pment projects., Freese and N�ichols,
Inc., (FNI) will augment Staff to reduce the review time for the drainage design component of private
development projects.
In 201,1, the Transportation and Public Works, Department, S,toirmwa�ter Management Division published a
Request for Qualifications (RFQ) fore various technical services associated with, drainage engineering,
including services to review private development projects for compliance with the City's drainage design
standards. FNI was selected as one of the most qualified engineering consultants for this service.
FNI proposes,to perform this,work on an on-call,, time and materials basis for a fee not to, exceed
$250,0001.00. The proposed fees will provide for the review of between 75 and 100 additional plan sets
depending on the complexity of the projects.
M/WBE Office - FNI is in compliance,with the City's B Ordinance by committing to 15 percent SBE
participationi., The City's goal on this project is 111 3 percent.
FISCAL INFORMATION CERTIFICATION.
The Financial Management Services Director certifies,that upon approval of the above recommendations
and adoption of the attached supplemental ordinance, funds will be ava,ilable in the cu�rrent operating
budget, as appropriated, of the Stormwater Utility Fund. Upon approval, the available cash balance of the
Stormwater Utility Fund will exceed the minimum reserve as outlined in the Financial Policy Manual.
Logname: 20DRA,IN'AGE,—DESICYN—REVIEW—SERVICES-2FNI Page I of 2