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HomeMy WebLinkAboutContract 47879 CITY SECRETARY RECErM CITY OF FORT WORTH, TEXASCONTRACT NO. A.4 so STANDARD AGREEMENT FOR PROFESSIONAL SERVICES F �. �n Aly This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Dunaway Associates, L.P., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: SWS-081 Miscellaneous Flood Mitigation Modelling. 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 SWS-081 Miscellaneous Flood Mitigation Modelling. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $200,000 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. OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Professional Services FT WORTH, TX Revision Date:9/24/2014 Page 1 of 8 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 36 months, beginning upon the date of its execution, or the full expenditure of the Compensation, whichever occurs later. 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 271.504, 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 Revision Date:9/24/2014 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, Stormwater Management Division, Attention: Mary Hanna, 1000 Throckmorton, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:3!2402014 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No. 2016-39242 Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 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 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: Transportation and Public Works Department Stormwater Management Division 1000 Throckmorton Fort Worth, Texas 76102 Consultant: Dunaway Associates L.P. Attn: Michael J. Dellies, P.E. 550 Bailey Avenue, Suite 400 Fort Worth, TX 76107 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:8/2412014 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the I �p�ay of J-J��016. BY: BY: CITY OF FORT WORTH ENGINEER Dunaway Associ s L.P. '0";W�'I �4�1 Jesus J. Chapa Tom Galbreath, ASLA Assistant City Manager President � Date: Date: APPROVAL RECOMMENDED: By._!! CJ' (-i Douglasiersig, P.E. Director, Transportation and Pu lic Works APPROVED AS TO FORM AND LEGALITY M&C No.: Z Yr By: 10M&C Date: ouglas W. Black Assistant City Attorney ATT 0� F®R�►� �70 Na J. Kayser �4P OFFICIAL RECORD VC ity Secretary �00 CITY SECRETARY FT. WORTH,TX City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 8 of 8 ATTACHMENT "A" Scope of Services for Miscellaneous Flood Mitigation Modelling (SWS-081) PREFACE Over the years, the City of Fort Worth has experienced growth and development throughout and is expected to resume growth into the future.As a growing municipality,drainage planning is important to insure the safety of residents and protection of property. So professional services are required to properly assess existing infrastructure and help the City manage and support future growth by identifying drainage deficiencies and identify flood risks and recommending solutions to alleviate or mange flooding. The purpose of this contract is to assess the existing conditions of select areas and to develop recommendations for improvements as needed. 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 consultant and any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVES 1. This contract provides for professional services through a number of Task Order assignments so that the City can respond to any drainage deficiencies on an as-needed basis. Some of these task orders may be urgent in nature and a rapid response capability is required. 2. Task Orders are to generally: • Assess existing infrastructure to determine deficiencies and identify flood risks. • Provide recommendations to the City to significantly increase the level of service of the drainage system in order to reduce risks and frequency of flooding in the Study Area. Protection of all properties from flooding in the 5-year storm is the primary minimum target. • Special consideration should be given to nonstandard solutions and methods that may be implemented by a City field crew or evergreen contract. • Develop project specific alternatives appropriate for study needs. Recommendations shall be affordable, acceptable, and constructible. • Avoid increases in flood risk elsewhere, including both upstream and downstream systems. 3. Task orders will be initiated by the City and may include all or a portion of the services listed below based on the location and the needed assessments. Prior to the execution of any task orders the specific scope of services and associated fees will be provided to the city. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 2 4. These services may include, but are not limited to, the following: • Data research and Collection • Site visits • Field Survey • Drainage Basin Delineation • Development of Detailed Hydrologic and Hydraulic Models • Existing System Hydrologic and Hydraulic Analysis • InfoWorks 2D Modeling • Location map of flooding "hot spots"within the immediate study area. • Comparison of Effective Discharges with Study Discharges • System capacity (Level of Service). • Analysis of results and conclusions. • Base Flood Elevations Results. • Proposed Flood Mitigation Alternative Analysis • Feasibility assessment of proposed alternatives. • Cost estimate for alternatives • Quality Assurance and Quality Control • Draft and Final Reports • Electronic versions of all information (draft and final data, models or spreadsheet calculation and GIS data) developed as part of the analysis. 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. Authorization to proceed is given by signature of the City's Project Manager. Compensation is based on time and materials using the rate sheet provided as Attachment "B" to this contract. City of Fort Worth,Texas Attachment A ATTACHMENT B COMPENSATION Design Services for Miscellaneous Flood Mitigation Modeling City Project No. SWS-081 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 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 2016 Rate 2017 Rate ($/hour ($/hour) Administrative 100.00 103.00 Departmental Director 190.00 195.00 Civil Technician 95.00 98.00 Civil Designer 119.00 123.00 Graduate Engineer 110.00 113.00 Project Engineer 138.00 142.00 Assistant Project Manager 125.00 129.00 Project Manager 163.00 168.00 GIS Analyst 100.00 103.00 Intern 73.00 75.00 Principal 285.00 294.00 Senior Technical Expert 180.00 185.00 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses 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 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%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Stormwater Division 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 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, LP Data Collection, GIS Analysis, $ 176,000 88% H&H Modeling, Alternative Analysis, Proposed MBE/SBE Sub-Consultants Shield Engineering Group Field Surveying, Engineer's $ 18,000 9% Opinion of Probable Construction Cost; Feasibility Analysis Rios Group Subsurface Utilities Exploration $ 6,000 3% Non-MBE/SBE Consultants TOTAL $ 200,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $ 200,000 $ 24,000 12% City MBE/SBE Goal = 12% Consultant Committed Goal = 12 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 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 4 B-4 Dunaway Associates (817)335-1121 (817)335-7437 Invoice 550 Bailey Avenue,Ste.400 550 Bailey Avenue,Ste.400 Fort Worth,TX 76107 Fort Worth,TX 76107 Consultant Project No. B002540.001 CFW Project Manager Proj.Invoice No. Invoice date: Consultants Project Manager., Michael J.Dallies,P.E. Consultants email: mdelliies(dldunaway-assoc.com Period From Date To Date Name Of Project: City Secretary Contract#: Miscellaneous Flood Mitigation Modeling P.O.Number: Labor Cateaory Name Hours Rate I /hr Amount Project Manager(example) $0.00 Senior Engineer(example) $0.00 Engineer(example) $0.00 Junior Engineer(example) $0.00 CAD Technician(example) $0.00 Adminstrative Support(example) $0.00 etc $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 0.0 $0.00 Subcontract Service Subcontract Service-<1 exam le> Subcontract Service-<2 exam le> etc Subcontractor Subtotal $0.00 10 Percent Markup on Subcontract Services $0.00 Nonlabor Expenses Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) $0.00 TOTAL DUE THIS INVOICE $0.1)Q / k } � $ p jk 2 � \ ! /� � a to ; 0 _ - $ 2 f ! � e | £ E � § � k § ( § JU @ / 22 E } § ■ Go cn �J & _ ! aLi f \ j \ § / 2 / [ 0 ! k k 7 2 2 Cc 0 ] / 2 E0 J % ' § rr o e c o % E a. E k \ a 2 - ■ L \ u v § { - � @ k to u ) ) \ / � ) . � z § � � E 0 \ E = E / 00 � ( a- CL \ 2 0 > IL s $ # « « # « « DOE PROJECT BID NUMBER— FORT UMBERFoRT VETO RT H (Please check one) Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. Aki Business Enterprise(SBE) is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration 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 Miscellaneous Flood Mitigation Modeling 2. Name of Offeror/Prime oontractar Dunaway Associates, LP 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): Provide field surveying, construction cost estimation, feasibility analysis. and/or QA/QC review services at the price of$ 18.000.00 Sheild Engineeft Group, PLLQ — 1"&ah& (Nears of BBE Pam) (lam Jeon;hdarie 61g&gnder. P.E. ` chile Agast of 88E firtrr)Type or Prim Name (Si nature of Owner or Agent of SBE firm) ?EA�Jrnet��_k/��4rnfi�CaSa:GP�c_Con ,;�( ,. < fS (Erndl Address to appear on t.istktgs provided by the MWBE Office) PlUe and Fiat ftirrArilst ) AFFIDAVIT OF OfferodPrime CONTRACTOR I HEREBY DECLARE AND AFFIRM that 1, Michoel J. DeIries am the duty audhod2od representative of Ckde one(tlsnter" Qunawgy Assogigio I–P. and that I have personalty reviewed the material and Nana of Priers Contrauior 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 fads have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordnance, any person [entity]who makes a false or fraudulent statement in connection with participation of a SBE 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 solemnfy 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. Michael J- Dellies Dunaway Associates L.P. Circle On (ownrazed Type or Print Name (Nance of Prints Contracbr-Print or TM) 4/2012016 (San re ofor Authorized Agent) (paw) 8171 335-1121 1817) 335-7437 t tirarree0 6/1/2012 DOE PROJECT BID NUMBER (Please check one) FORT WO TH Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE(inns participating under the Ordinance must be certified prior to recommendation of award in order lo be min ted towards atlbcontractirtg participation. A§M Business Enterprise(SBE)Is defined as a businsss concernlocated in the nraritetplace that meet the Lk*ss butts&n&N Business Adminkftillon definitlon of s small business as outlined in the code of Federal Regulation 13 CFR 121. Finns certified as a Disadvantaged Business Enterprise(DBE)also meet small business snterpriae requirement.] 1. Name of Project Miscellaneous Flood Mitigation Modeling 2. Name of Offermftrne oontrscax Dunaway Associates,LP 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%upW or instair or both): Provide Subsurface Utility enpi (SUEj services at In price of$ 6,000.00 TheRio Group. Inc. �k gl;-'l k 06me of m Firm) lel Rosa Navusiar -wfwrf"- Ckk one(awrrsrlArrllrorlssd Agent of SBE Rnn)Type or ft*Name (Signature of Owner or Autlibrbed Agent of SSE Arm) _AQ djf. f 0 r;4P3-fir&tA urn Jl-7-5 ii- ^1!bb M 7,5 -/J0-Z; PnA Addreaa b pearon Usdnp podd by the 111111118E ORice) (Office and Fax Numbers) AFFIDAVIT OF OfferodPrims CONTRACTOR I HEREBY DECLARE AND AFFIRM that 1, MICI1ae am the duly authorized representalive of Circle ane(Owns Dunaway Associates L.P. arA 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,infonnadon and befief,the facts in this conn 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 SBE 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. Mi h el J. Dellies Dunaway 6Zg&ia1es L.P. Circle •(Own orimdTy t Name (Nana of Prina CorNr'actoaPrioK or Type) 4/2X2016 (Signsture ffowner or Auth&Agent) (Debs) P J.§ 1121 i 7t 33,5-7437 N 1111110600 61112012 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2.3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-39242 Dunaway Associates,L.P. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/13/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. SWS-081 Provide two-dimensional storm water computer modeling for selected areas identified as having history of flooding. 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Eubanks,Ross Austin,TX United States X Galbreath,Tom Fort Worth,TX United States X Wilde,Chris Fort Worth,TX United States X Williamson,Jason Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty Doff rjur , t e above disclosure is true and correct. � We'!PV'N'e-7 _ ._10-03-2o1e Signature oftuthorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE —TOM I 2 t Sworn to and subscribed before me,by the said 1y 4'1 h� ,this the � u� j' M day of r , 20 to certify which,witness my hand and seal of office. vMJ v 4Sinature oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 07, 2016 REFERENCE NO.: **C-27749 LOG NAME: 20SWMMISCFLOODMITIGATION SUB.TECT: Authorize Execution of a Professional Services Agreement with Dunaway Associates, L.P., in the Amount of $200,000.00 for Miscellaneous Flood Mitigation Modelling (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Dunaway Associates, L.P., in the amount of$200,000.00 for miscellaneous flood mitigation modelling (SWS-081). DISCUSSION: The Engineering Agreement recommended by this Mayor and Council Communication will provide for professional services for as—needed flood mitigation modelling to assess the existing conditions of select areas and develop recommendations for improvements. A Request for Qualifications (RFQ) for a variety of stormwater professional services was published in the FQ11 Worth Star—Telegram on May 21, 2015 and May 28, 2015. Fifty—five consultants responded to the RFQ, from which Dunaway Associates, L.P., was selected as the most qualified consultant for this work based on published selection criteria. The consultant, Dunaway Associate, L.P., proposes to perform the scope of work for this contract on a time and materials basis for a not—to—exceed fee of$200,000.00. City staff considers this fee to be fair and reasonable for the anticipated services to be performed. Upon completion of this contract, there is no anticipated annual operating cost impact to the Transportation and Public Works (TPW) Stormwater Management Division. M/WBE OFFICE—Dunaway Associates,L.P., is in compliance with the City's BDE Ordinance by committing to 12 percent SBE participation. The City's SBE goal for this project is 12 percent. This stormwater contract area is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that budget and funds are available and that this project is consistent with the Fiscal Year 2016 Stormwater Capital Improvement Plan, as appropriated. The adopted Stormwater Capital Improvement Plan includes an appropriation of$4,543,800.00 in the category of programmable Drainage Engineering Analysis. This specific project has a budget of$1,019,086.00 as of April 26, 2016. After allocation for this project has been made, the programmable project will have a balance of$9,334.00 remaining. FUND IDENTIFIERS (FIDs): TO Fund Department ID Account Project ID Program Activity Budget YearReference#(Chartfield 2)Amount FROM Department Project Program Activity Budget Reference#(Chartfield Amount Fund ID Account ID Year 2) 52002 020E431 5330500 100090 2016 $200,000.00 CERTIFICATIONS: Submitted for Civ Manager's Office by; Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. 100090 Project Budget Summar,, (CFW internal) 2. Miscellaneous Flood Mitigation Modelling RequisitioD-pdf (CFW internal) 3. search Results.pff (CFW Internal) 4. SWS-081 signed 1295 Ethics Form for Dunaway_pdf (Public) 5. SWS-081 SBE Contract Compliance Memorandum.pdf (CFW Internal)