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HomeMy WebLinkAboutContract 47570 C11Y SECRY CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and 360 Clarus, LLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: SWS-077 Hydraulic Modeling Assistance. 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-077 Hydraulic Modeling Assistance. (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 $250,000 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth,Texas Standard Agreement for Professional Services v t 17 Revision Date:9/24/2014 �� u U Page 1 of 8 Fe I101 RTH5 TIM 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 until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services 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. d. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. e. 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 f. 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. g. 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. h. 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. i. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. j. 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. k. 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. I. Consultant's liability shall not be limited to the specified amounts of insurance required herein. m. 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:9/24/2014 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. 2016-2972 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: 360 Clarus, LLC Attn: Michael Crenshaw, P.E., CFM 4660 Cedarview Drive Fort Worth, Texas 76123 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:9/24/2014 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 tho.#- - - day of��/2016. BY: BY: CITY OF FORT WORTH ENGINEER 360 Clarus, LLC Jesus J. Chapa Michael Crenshaw Assistant City Manager Manager Date: 3-e -l4- Date: March 3, 2016 APPROVAL RECOMMENDED: �s By: 'i G,� Dougla W. Wiersig, P.E. Director ` , Transportation andPublic Works APPROVED AS TO FORM AND LEGALITY M&C No.: C-27633 PQ� By: M&C Date: 03/01/2016 Douglas W. Black Assistant City Attorney Z �► S 2��6.yl�z v' ATTEST: r� Mary J. K -)66r City Secretary �$ a 0 City of Fort Worth,Texas Viw rO.(� R k Standard Agreement for Professional Services � r Revision Date:9/24/2014 t`'ll F,� QFC Page 8 of 8 run,R V ATTACHMENT "A" Scope of Services for Hydraulic Modeling Assistance SWS-077 PREFACE Over the years, the City of Fort Worth has experienced growth and development throughout the City and is expected to continue this expansion into the future. As a growing municipality, drainage planning is important to ensure the safety of residents and protection of property. Professional services are required to properly evaluate and review hydraulic models developed as a part of stormwater drainage evaluations. Hydraulic modelling is a very specialized field that has seen rapid advancement in technology and capability in the past 10 years. Hydraulic models are often a vital part of the identification of affordable and effective solutions to flooding problems. Therefore, it is necessary to engage the services of a hydraulic modelling specialist to ensure the quality and consistency of the models produced by drainage engineering consultants working on City projects. This scope of work also includes the development of standards for the creation and analysis of hydraulic models developed in the future for City projects. Currently there are 15 hydraulic models that have been recently developed as a part of drainage engineering evaluations that need to be evaluated for accuracy and consistency. These models will be reviewed as a part of this agreement. 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 expected to include consultant and any sub-consultant, employed or contracted by the ENGINEER. OBJECTIVES A. This contract provides for professional services through a number of Task Order assignments on an as-needed basis. Some of these task orders may be urgent in nature and a rapid response capability is required. B. These services may include, but are not limited to, the following: 1. Technical study management • Scope development, fee review and negotiations - Develop database/summary tool that can be used in future negotiations. The database will include relevant scope and fees data for studies. This database will determine a range for level of effort associated with specific modeling tasks typical of City studies. • Study Meetings - Participate in study meetings and provide feedback regarding study goals and scope from a technical perspective. Offer City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 2 organizational advice, technical review assistance, and feedback regarding expected deliverables. Meetings are typically held at the 75% and 90% study milestones. These meetings might include City staff, consultants, and/or outside agencies such as adjacent cities, counties, the USACE, etc. • Technical Reviews - Review study deliverables including study data, models, reports, and digital data. Deliverables will be reviewed at project submittal milestones, typically 75% and 90%. Reviews will include documenting technical modeling comments related to current City established modeling standards. Reports and digital data will be reviewed for consistency and completeness. • Project Approach and Coordination - Provide oversight to ensure consistent approach and coordination across stormwater studies. Studies should utilize existing available technical data and seek to inform future capital decisions and budget efforts. 2. Model Library and Data Standards • Model Library - Create a model library for complex urban stormdrain system models, specifically for models developed using InfoWorks and XPSWMM. • Develop Model Data Standards - Develop modeling standards to be used by consultants that prepare models for complex urban stormdrain analysis. • Model Update Process - Coordinate process to update SD models to ICM through Innovyze and provides QAQC of updated models. • Study Data - Develop a process for consultants to provide model data without loss of quality/detail from the InfoWorks and XPSWMM models. 3. Develop Checklist for Reports and Models • Develop Checklists - Develop checklists to assist in establishing consistent review standards. Checklists will be utilized by City staff to aid in the review of models and reports. Checklists are not expected to be specific for each software, but generally applicable to modeling tasks and deliverables. Checklists could include evaluation of the following: i. Data Collection ii. Hydrologic Modeling Parameters iii. Hydraulic Modeling 1. 1-Dimensional Modeling (steady and unsteady) 2. 2-Dimensional Modeling iv. Floodplain Mapping v. Report vi. Digital Data 4. Modelinq Standards • GIS Data - Develop modeling standards in conjunction with GIS data delivery requirements for models and modeling data or results. • Phases of Modeling - Modeling standards for the various phases of effort should be considered (existing conditions, proposed alternatives, pre-CIP evaluation, final-CIP proposed conditions) City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 4 5. Develop Stormwater GIS Data Delivery Standards • Study Data Standards — Coordinate with City Stormwater GIS to establish geodatabase schema and required delivery standards. • Laver Naming Convention — Develop geodatabase feature class requirements, including layer name and attribute schemas, consistent with hydrologic and hydraulic models used by the City. • Standard Symbology — Develop standard symbology for each feature class within the City's stormwater GIS data model. • Data Delivery — Define the required GIS data layers that should be submitted by consultants performing studies for the City and develop a template geodatabase schema that the consultants can use for data delivery. • GIS Data Feedback — Develop a workflow that defines how consultants should submit feedback to the City for identified issues found in the source data provided by the City at the beginning of a new stormwater study, this workflow will include requirements for timely identification of errors so that the City can update their baseline GIS dataset. 6. Training and Workshops • Develop Training Material - Develop training material to aid city staff in the review of complex urban flood modeling software to be used in a training workshop for city staff. • Conduct Training - Conduct training sessions (number to be determined) with city staff on basic model principles and basic review of InfoWorks and XPSWMM models. • Stages of Training— It may be of interest to prepare two levels of materials for Stage 1 training (basics)and Stage 2 training for more advanced issues. 7. Floodplain Information Exhibit Template • Desktop GIS Tool — Develop a desktop GIS tool using Esri's ArcObjects development environment that will populate a standard floodplain information exhibit for residents requesting the City to provide them with the FEMA floodplain and base flood elevation (BFE) for a specific address or area of interest. • Web Map GIS Tool—Develop a web based GIS tool using Esri's JavaScript web mapping application programming interface (API)that will be deployed on the City's ArcGIS Server and allow residents to view FEMA floodplain information and generate a standard floodplain information exhibit • Floodplain Exhibit — Develop mock map exhibit for standard output and display of information. C. Task orders will be initiated by the City and may include all or a portion of the services listed above. 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 3 of 4 WORK TO BE PERFORMED Because of great variation in the type of tasks, 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 PMO Release Date:07/23/2012 Page 4 of 4 ATTACHMENT B COMPENSATION Design Services for Hydraulic Modeling Assistance SWS-077 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) Principle 210 210 Project Manager 185 185 Engineer 130 130 Junior Engineer 100 100 CAD Technician 90 90 GIS Technician 90 90 Administrative Support 65 65 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 Director of the Department of Transportation and Public Works 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 360 Glarus, LLC Hydraulic Modeling Assistance $150,000 60% Proposed MBE/SBE Sub-Consultants McLendon Hydrology and Hydraulic Modeling Assistance $25,000 10% Engineering, LLC Non-MBE/SBE Consultants Halff Associates Hydraulic Modeling Assistance $75,000 30% TOTAL $250,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE SWS-077 Hydraulic Modeling $250,000 $25,000 10% Assistance City MBE/SBE Goal = 10% Consultant Committed Goal = 10 % 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 * * * * * @ - w -n -a < o z 9 n -0 -0 \ / kv § % [ \ § f f° 0 0 � 0 � } ( f � 0 cn � 2� § o - ( § 5 0 / > \ \ $ e' / l< 2 0 ƒ m £ \ U _ CD m a (D v m Cl) ) � R - t m x � 7k § 0 k \ M ƒ 2 0 a / / 0 o § m � k * * & EL } } . _ 22 2 2k \ \ 3 jk � 0 § 2 _ _ - - A § » a - { @ 027 [ N 2$ } § f 0 \ } K ! @ CL 77 NCL § CL ; ( Q # 2 CD CL 0 C 29 } { ! [ J [ 72 0. ( \ � { ° 2 360 Glarus, LLC 817-300-9960 fax Invoice 4660 Cedarview Dr, Fort Worth, 4660 Cedarview Dr,Fort Worth,Texas Texas 76123 76123 Consultant Project No. SWS-077 CFW Project Manager Mary Hanna,P.E. Proj.Invoice No. Invoice date: Consultants Project Manager: Michael Crenshaw,P.E. Consultant's email: mwcrenshaw@gmail.com Period From Date To Date Name of Project: City Secretary Contract#: Hydraulic Modeling Assistance P.O.Number: Labor Category Name Hours Rate($/hr) Amount Principle 210.00 $0.00 Project Manager 185.00 $0.00 Engineer 130.00 $0.00 Junior Engineer 100.00 $0.00 CAD Technician 90.00 $0.00 GIS Technician 90.00 $0.00 Adminstrative Support 65.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 0.0 $0.00 Subcontract Service McLendon Hydrology and Engineering,LLC Halff Associates 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 $0.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Hydraulic Modeling Assistance City Project No. SWS-077 <List any changes to the Standard Agreement> None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 DOE PROJECT BID NUMBER FORT WORTH (Please check one) Minority/Women.Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT [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. A Small 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 Technical Study Management Assistance 2. Name of Offeror/Prime contractor 360 Clarus LLC 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): Technical Study Review Support at the price of$25,000 McLendon Hydrology and Engineering, LLC September 24,2015 (Name of SBE Firm) (Date) David McLendon(Owner) /,�{�„ � (� Y l L-.d�� Circle one(Owner/Authorized Agent of SBE firm)Type or Print Name (Signature of Owner or Authorized Agent of SBE firm) dmnAmclendon-hydro.com 817-504-6726 (Email Address to appear on Listings provided by the MWBE Office) (Office and Fax Numbers) AFFIDAVIT OF Offeror/Prime CONTRACTOR 1 HEREBY DECLARE AND AFFIRM that I,_ Michael Crenshaw(Owner) am the duly authorized representative of Circle one(Owner/Authorized Agent) 360 Clarus,LLC 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 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. Michael Crenshaw(Owner) 360 Clarus, LLC �perl uthorize Agent)Type or//Print Name (Name of Prime Contractor-Print or Type) J -- ---i< +•r .: September 24,2015 (Signature of Owner or Authorized Agent) (Date) 817-300-9960 NIA (Office Number) (Fax Number) 6/1/2012 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.i-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. 2016-2972 360 Glarus, LLC 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 01/13/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the goods or services to be provided under the contract. SWS-077 Hydraulic Modeling Assistance 4 Nature of interest(check applicable) Name of Interested Patty City,State,Country(place of business) Controlling Intermediary Crenshaw, Michael Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ i 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. REEI le AndersExpiresCmc.766 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn tppnd subscribed before me,by the 'id this the day of ` t 20 V to certify ich,w' ss my end and seal of office. Lqx Signatur of tfi er administering 9a ranted name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 311/2016 DATE: Tuesday, March 01, 2016 REFERENCE NO.: **C-27633 LOG NAME: 20SWMHYDRAULICMODELASSIS SUBJECT: Authorize Execution of a Professional Services Agreement with 360 Clarus, LLC, in the Amount of $250,000.00 for Hydraulic Modeling Assistance Contract (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with 360 Clarus, LLC, in the amount of$250,000.00 for Hydraulic Modeling Assistance Contract No. SWS- 077. DISCUSSION: The Agreement recommended by this Mayor and Council Communication will provide vital technical expertise for the evaluation and review of hydraulic models developed as a part of stormwater drainage evaluations. Hydraulic modelling is a very specialized field that has seen rapid advancement in technology and capability in the past 10 years. Hydraulic models are often a vital part of the development of affordable and effective solutions to flooding problems. Therefore, it is necessary to engage the services of a hydraulic modelling specialist to ensure the quality and consistency of the models produced by drainage engineering consultants working on City projects. The scope of work for this Agreement also includes the development of standards for the creation and analysis of hydraulic models developed in the future for City projects. Currently, there are 15 hydraulic models that have been recently developed as a part of drainage engineering evaluations that need to be evaluated for accuracy and consistency. These models will be reviewed as a part of this Agreement, as well as any others, developed over the next 24-36 months. A Request for Qualifications (RFQ) for a variety of stormwater professional services was published in the Fort Worth Star-Telegram on May 21, 2015 and May 28, 2015. Fifty-five consultants responded to the RFQ from which 360 Clarus, LLC, was selected as the most qualified consultant for this work based on published selection criteria. The consultant, 360 Clarus, LLC, proposes to perform the scope of work for this contract over the next 24-36 months on a time and materials basis for a not to exceed fee of $250,000.00. 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 to the Transportation and Public Works (TPW) Stormwater Management Division. M/WBE Office -The consultant, 360 Clarus, LLC, is in compliance with the City's BDE Ordinance by committing to 10 percent SBE participation. The City's SBE goal on this project is 10 percent. This stormwater contract area is located in ALL COUNCIL DISTRICTS. Logname: 20SWMHYDRAULICMODELASSIS Page I of 2 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that budget for this project is available in 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 Flooding Assessments. This specific project has a budget of$2,492,977.00. As of February 10, 2016, the project has a balance of $1,528,101.00. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccounProject Program ctivity Budget Reference # Amount ID I ID Year (Chartfield 2) 52002 020E431 5330500 100091 2016 1$250,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (6157) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. 100091.JPG (CFW Internal) 2. Requisition for Hydraulic Modeling Assistance Contract SWS-077.pdf (CFW Internal) 3. SAM Search Results.pd (CFW Internal) 4. SWS-077 signed 1295 Ethics Form for 360 Clarus2.pdf (Public) 5. SWS-077 SBE Contract Compliance.pdf (CFW Internal) Logname: 20SWMHYDRAULICMODELASSIS Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 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. 2016-2972 360 Clarus, LLC 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 01/13/2016 being filed. City of Fort Worth Date Acknowledged: -t 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-077 Hydraulic Modeling Assistance 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Crenshaw, Michael Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. i hia Michele Anders ornmission Expires 5/2016Cr '�co.124944766 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE 1 6kcoE�J L)� Sworn tppnd subscribed before me,by the Aid this the I day of 20 ,to certify ich,w ss my nd and seal of office. Signatur of fb er administeofficer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032