HomeMy WebLinkAboutContract 45336 a 9Mllllllllllllllk
CITY SEMEM"
CITY OF FO ITT'
WORTHy TEXAS CONTRAVI`NOe iLL L'(111
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between, the City of Fort Worth, a Texas, home-rule municipality
(thee "CITY"),, and Freese a.n1d Nichols, Inc., authorized to do business in Texas,, an
independent, contractor ("Consultant"), for a PROJECT generally described as: Fluvial
Geomorphological Engineering On-Call Professionals Services, and Related Services for
Storm Water Improvements Projects.
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 Fluvial Geornorphological 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, agar edi 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 plaid 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 receiipit 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 any-thing related to, done, or furnished in
connection with the services for which payment is made, including a�n�y, act or ornission of
the City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PIANO Official Release Date:1/28/20131
Page 1 of 8 offICIAL RECORD
ellyly SF.CRIESTARY
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Article III
Term
Unless terminated pursuant,to the terms herein, this Agreement shall be for a term of twen
ty-
,- of -the
four (2 4) months, beginning upon the date of its execution, or until the con ipletion
subject matter contemplated herein 'whichever occurs first.
Article I'
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consu�ltant, shall have exclusive control of and the
exclusive right to, control the details of its work to be performed hereunder and al!l 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, empiloyees, 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 lioca,l,
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 s,halil indemnify, hold harmless, and defend the City against
liabifity 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
PM10 Official Release Date,1/28/20,13
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreerneilt until pit 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 ofd a subcontractor has been so obtained and approval given
by the City; provided, however,,, Consultant may elect to add any siubicoinsultant 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 13: $1 O�O,0100 each accident
$500,000 disease - policy limit
$100,0100 disease -each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage ui nd�e!r Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants, shall,
be endorsed as an additional insured on Consultant's iinsurance policies.
b. Certificates of insurance shall, be delivered to the Stormwater Management
I
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, materiia�l change in policy terms or
coverage. A ten days notice shall be acceptable in the, event of noin-pa,ym,ent of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO,Official Release Date.1/28/20113
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
I
current A.M. Feat rating of A.- VII or equi I valent measure of financial strength and
solvency.
f. Other than worker's colmipensatiioni, insurancef 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,' c pensati nl insurance pioli:cy(s) covering employees employed on the
Project s,haill be endorsed with a waiver of subrog�ation 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
I
City's officially designated contract administrator any known loss,occurrence wMich
i
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.
1. Upon the request of City, Consultant shall provide co plete copies of all
insurance policies required by these Agreement documents.
Article Vi
Transfer or Assignment
City and Consultant each bind themse�lves, and their lawful successors and assigns, t o t his
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 nonperfoirmance with 5 days of written notice and
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO,Official Release Date:112812013
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 shalil, 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 Agreem ant,1 including
any original drawings or docurrients, whether furnished by the City, its officers,
agents,,, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property olf' the pity, and shall be furnished to the, City prior to or at
the tine such services are compl!eted or upon termination or expiration of this,
Agreement.
Article I'X
Right to Audit
(1) Consultant agrees t1hat, 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 com li'ance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended au dits,.
(2) Consultant further agrees, to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting cons,uul�tant 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-clonsultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities,1 and shiall 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
i I si p,erformed�.,
City of Fort Worth,'Texas
Stan diard Agreement for Professional Services
PMO Official Release Date-1/2812013
Page 5 of 8
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participafion
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 SB,E,
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 X1
Observe and Comply
Consultant shall at all times observe and comply with all federal, state,, and local law's and
regulations and with all City ordinances and regulations is in any way affect. this
Agreement and the work, hereunder, and shall, observe and comply with all orders,1 laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for,such enactment. No pilea 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 X11
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the b,as,i's, of any
provision of 'this Agreement, venue for such action shall lie in state courts located in
arrain,t ounty,
Texas, or the United States District Court for the Northern District of Texas
T C
—1 Fort Worth Division. This Agreement shall be construed 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 rule of construction to the effect that any
ambiguities are to be resolved a iin�sit the drafting party must not be employed in the
4
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
Severability
The provisions of this Agreement are seevera,b�le, andi if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circurnstance shall ever be held by any court of competent jurisdictioni 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 th�is
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Not-Ices to be provided hereunder shall be sufficient if forwarded to the other Party by
h�a nd-de livery 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 T rockmo rton
Fort Worth) Texas 76,102
Consultant.-
Freese and Nichols, Inc.
Attri-, Barbara Nickerson, Vice President
4055 International Plaza, Suite 2001
Fort,Worth, Texas 76109
Article XV1
Headings
The headings contained herein are for the convenience in reference and are not, intended
to define or lim,it 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
Article XVII
Counterparts,
Thiis 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-' BY-
CITY OF FORT WORTH EN'GINEER
Freese and Nichols, Inc.
0 ------
000I
Fernando Costa Barbara A. Nickerson
Assistant City Manager Principal and Vice-President
Date. Date:
APPROVAL RECOMMENDED:
By:
Douglas%%rsig,I P.E.
Director, Transportation and Public
Works
APPROVED AS TO FORM AND LEGALITY M&C No.:
By: L M&C Date:
Assistant City Attorney
4
0
ATTEST: 0
NO
agry i s ;"A X
I m0 City Secret
01:FICIAL RECORD
City of Fort Worth,Texas
Standardi Agreement for Professional Services f ARY
Pmo Official IRelease Date:112812013
Page 8 of 8
I;P1101
ATTACHMENT 14 )l
Scope of Services for Miscellaneous Stream, Der norp holm gicall Assessments
SS-069
PREFACE
The City of Fort Worth experiences many of the erosion and sedimentation problems that
plague the North Texas reig�ioini, due to the unique s,olil types and gelolloigy of the area. These
erosion and seldimenitati n problems,typically man,ifelst themselves through the followi�ng:
1 Slou!ghing�, migrating stream banks that threaten homes, businesses, and City
infrastructure,.
2. Increasing flood risk due to, reduced conveyance capac,ity in channels and reduced
storage capaclity in detention areas.,
3. Coinsuming field operations crew time in removing and disposing of excess
sediment.
4. Creating unsightly and unsafe areas for nearby residen�tsi.
Many erosion and sedimentation problems are localized and can be addressed with existing
City ire-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 It repairs" are ineffective, and can
transfer the problem elsewhere upstream and/or downstreaml or worsen the existing
profile . 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, "'ENIG 1:NEER'
is expanded to include flluviall geomorphologist, consultant, and any sub-consultant,
including surveyor, employed or contracted by the ENGINEER.
OBJECTIVES
11 This contract provides for professional services, through as number of Task Order
assignments so that the City can respond to systematic erosion and sedimentation
piroibilems on an as,-needed basis. Task Orders, are to provide geomorphic assessment
and related services. These services may include, but are not limiited to, the following:
• Desktop, analysis
of Historical maps,
o Historical aerial photographs
01 Soil
ol Geology
o, Survey
• Site visits (site specific and reach s,caale)
• 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
61 Equilibrium slope analysis
• Shear analysis
• Scour analysis,
• Pla,nfo,rm stability
• Instability severity ranking and prioritization
• Erosion hazard zone
01 Feasibility assessment of stabilization techniques,
ol Traditional methods,
o Natural channel design
of 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 Wofth,Texas
Attachment A
P Release Date:O7123/20!112
Page 2,of 2
ATTACHMENT B
COMPENSATION
On-Call Flu Geomorphologitcal Services
City Project No.
Time and Materials with Rate Schedule Project
I. Compensation
A. The E'NGII�NEER shall be compensated for personnel time,, non lab it expenses,,,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the PROJECT multiplied by the
appropriate Labor Cateqo Rate for the EN'GINEER's team, member
performing the work.
Labor Catego[y 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 contracts.
Class ification 2014 2015
Hyd ro�og ist 4 130 138
I ..............
Hydrologist 5 1150, 15i9
H drologist,6 169 17'9
ginee
ON
En r 3 150, 1519
En gineer 4 169 179
Engineer 5 1913 204
Environmental Sic,ientist 4 169 179
Environment al Scientist 5 19!3 204
Senior Ti ac Q,C 234 247
C,AD'Technician 4 100 11 06
CAD Technician 5 115 122
GIS Analyst 3 100 106
GIBS Analys,t 4 115 122
GiS Analyst 5 135 143
Administrative Assistant 9�O 951
...Program Administrator 125 132
1, Group Managfar 234 247
Ii. Non-Labor Expenses. N!on-labor expenses shall be reimbursed as
Direct Expgnses at invoice or internal office cost plus a markup of ten
percent %)-
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
Mbar similar taxes.,
City of Fort Worth,Texas
Attachment B
PIVIO Official Release Date:8.09.20,12
Page 1 of 5
B-1
ill. subcontract Expanses. Subcontract expenses and outside services
shall be reimbursed at cost to ENGINEER plus a markup of ton percent
(10%).
iv. Budgets. ENGINEER R will male reasonable efforts to complete the wort
within the budget and will beep the City informed of progress toward that
end so'that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obl�i+ ated to incur costs beyond the indicated budgets,
as may be adjusted, nor is the City obligated to pay ENGINEER beyond
these limits.
If ENGINEER proioots in the course of providing the necessary services,
that the PROJECT ooist 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 EEF shall immediately report such fact to the
City and I if so instructed by the City, shall suspend all work hereunder.
When any budget has been increased, ENGI JE R'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 11
Method of Payment.
11. Method of Payment
A. They ENGINEER shall be plaid by the City based upon an invoice created on the
basis of statements prepared from the boobs and records of account of the
ENGINEER, based on the actuial 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 aind' including content
as presented in Exhibit 1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
111. 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
P'MO Offic,ial Release,Date:8.09.2012
Page 2 of 5
B-2
EXHIBIT "13-11Y
ENGINEER INVOICE
(Supplement to Attachment B,)
Insert required invoice format following tl is page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attach me rat B
P Official Release Date:8.09.201,2
Page
Freese and Nichols,Inc. Invoice,-T&PW
4055 International Plaza,,Suite 200 Pro j.Invoice No.
Fort Worth,TX 76109 Invoice date:
Tel.,817-735-7300 Period (From-To)
Fax: 817-735-7496 DOE No.
email:jvc@freese.com UPW Pro No.
City Secy.Cont.No.
COFW Project Manager Ra,njan Muttiah,Phl),PE,
Consultanf's Project Manager: Ste phanie Coffman,G.I.T.
Name of Project.* On Call Geomorphological Se to
L SERVIC
Work Phase GEOMgqft
'C
$
O O: On,Call Geomorp hold gical Services $, 320,10,00.00
$
$
III
L$
EL
CONTRACT AMOUNT $ 320j000.00
TOTAL CONTRACT $AMOUNT :Nwc 0
.0
TOTAL CONTRACT AMOUNT TO DATE(including amend $
..............
TASK TOTAL CONTRACT
NUMBER DESCRIPTION OF WORK IS INVOICE PREVIOUS AMT.
INVOICES REMAINING
$ $ $
$
$
$
$ $
NOW
A1001NANN1000000 $ 01 $
$
$ $
$ $
$ $
$ $
MWIL $ -- -------- $
List all amendments,to date
(Do not invoice for additional w Will the relatcdMment has been executed bX the ciq,)
City Secy. Date
Amendment N A.. ft I 4ftriltion Contract No. Executed by Total,Amount
for the City
amendment
J
2
4
TOTALS
TOTAL THIS INVOIC'E $0
ma offs,Payable
Freesohol�, In
Subrnitte
'tepihanie
Project Mania
Freese&Nichols, no.
4055 International Plaza,Suite 200
Fort Worth,TX 76109
Accounting Representative: Jana Collier
City of Fort Worth,Texas
Attachment B
PPM:O Official Release Date:8.09,2012
Page 4 of
B-4
EXHIBIT "B=3A"
(SUPP'L,EMEIN�T TO ATTACHMENT B)
O,N-CALL, GEO,MORPHOLOGICA�L SERVICES
SUMMARY OF TOTAL PROJECT FEES
Consulting Firm Prime Responsibility Amount Percent
PRIME, CONSULTANT:
Freese and Nichols, Inc. Geomorph�olog�y Consultation $255,000 7 .6%
SUIB Consultant:
Peter Allen Geomorphology Consultation $201,000 6.3%
Stakeholder Coordination
Gorrondona* Field Survey & Geotechnni�cal $45,000 14.1%,
Services
Total for Professional Serviceis $320,000 1 00%i
*M�WBE Participation shall be 14.1%, for or,rondona and Associates (GAI)
EXHIBIT"B-Mol
Page 1 of 1
Rev.06/ 0
F EEMOrm Attachment C
Z TASK AUTHORIZATION
, #01
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Project escription.�,
}
Description of Services:
Deliverables,o
Compensation shall be as follows:
...............
tborit
1on
Schedule shall be as foil+�
The above,described e l c c of lhls Task Authorization. Services will be billed as they
are done. All oll ro,vislo of the agreement for services which are not expressly
amended'shall rem a, full force
] A contract ffication will omitted.
ion will as notice to proceed.
F E AND NIGH CITY OF FORT WORTH,TEXAS:
BY:
car T pie N eV Print or Type Name
TITLE:
qY
ESA DATE
4055 INTERNATIONAL l AZA,SUITE 200 1 FORT WORTH, TEXAS 701091-4895 J T' ON'817-735-7300 1 METRO:817-429-1900 1 FAX:817-735-17491
-7491
LlResourcesAcbsl
DOE CONTRACT
CAPITAL PROJECT BID NUMBER
FORT WORTH —Please check one)
Minority Momen Business Enterpnise Office
LETTER OF INTENT TO PERFORMS A SUBCONTRACTOR/SUiBCONSULTANT
[NOTE": Pursuant to the City of Fort Worth MIME Ordinance,l firms participating In the program,must have current certification status with
the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation.If the City of Fort Worth determines
that,a firm is not currently M/WISE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application
to the North Central Texas Regional Certification Agency(NCT'RCA),624 Six Flags Drive,Suites loo,Arlington,,TX 76011
1. Name of Contract On Call Gcomorp hold gfoal Services
2. Value,of Original Contract$ 320)000
3. Name of Offeror/PrIme Contractor or Consultant Freese and Ni'chols,Inc.
4. The undersigned MW 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):
Fiield Surveying and Geotechn lical at the price of$ 45)000
Gorrondona and Associates 11/15/20,13
(Name of NINBE,Firm) (Date)
"I0
W. Truett-Wilson Survpy Director
Ircle one(Owner/Ku Choii Print Name on
jqyA � a or (*,'-nature of Owner or Aut h oirized Ag"'t of MIWB E firm)
.-I ZA9�6-1424, 817-4916-1768
(Phone Number) (Fax Number)
AFFIDAVIT OF'OFFERORI'PRIME CONTRACTOR or CONSULTANT
Barbara Mckerson
I HEREBY DECLARE AND AFFIRM that III any the duty authorized representative of
Circle one(OwnerlAuthorizaid Agent)
Freese and Nichols,Inc. and That I have personally reviewed the material and
Name of Offeror/Prime
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 IVIMBE Ordinance,,any person fentity]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 1 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.
Circle OTe(Owner/Au hor,1zed Agent)Typo or Print Name (N.ame 01-flOffer/11% me ype or Print
A
(St gnature of Owner or Authorized Agent) (Date)
817-735-7300 817-735-7491
(Phone Number) (Fax Number)
01/14/019
M&C Review Page I oft
Official site of the City of Fort Worth,,Texas
CITY COUNC03L AGENDA FouWoun
COUNCIL ACTION.- Approved on 1/14/2014
REFERENCE 20MISCELLANEOUS STREAM
DATE: 1/14/2014 a *'*C-26635 LOG NAME,' GEOMORPHOLOGICAL
NO.0 ASSESSMENTS
CODE: C TYPE.' CONSENT PUBLIC NO
HEARING:
SUBJECT: Authlo17ize 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$320,010�0.00 for Technical Services provided for Miscellaneous Stream
Geomorphological Assessments to control erosion.
DISCUSSION:
This contract will provide on-�call services,to develop solut,lonlis,for severe eros,loin 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 contractl the consultant will be
engaged to develop solutions for the highest priority erosion problems. Depending on the scale of
the solution, the mitigation project gill 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-Tel in November, 20111. T wenty 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.
I
MNVB,E office- Freese & Nichols,, Inc.,, is in compilliance with the City's M/WBE Ordinance by
committing to 14 percent M/WBE participation. The City's goal on this project is 1,4 percent.
01
FISCAL INFORMATIONXERTIFICATIOR.
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Storm Ater Utility Fund.
TO Fund/Account/'Centers FROM Fun d/Accou nIVCe nters
PE69 531200 0209202 $3201000,00
............ ........
Submitted for Cif v Mananer's Offii Fernando Costa (612,2,)
Orkiiinating, De ar nient Head: Douglas,W. Wiersig (7801)
http://'apps-cfwnet.org/counicil_packet/mc—rieview.asp?ID=--19267&councildate—1,/14/2014 1/15/20,14
MC Review Page 2 oft
Additional Information Contact: an an S. Muttiah (7919)
................ ..............-.................. ....................... ......
ATTACHMENTS
http:,Happs.c net.,orgicouncil_packet/mc—revicw.asp"?ID-19267,&councildate==1/14/20 1/151/2014