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HomeMy WebLinkAbout064513 - General - Contract - 360 Clarus, LLC64513 30th, 2026, unless terminated earlier in accordance with the terms of this Agreement. ("Initial Term"). Upon expiration of the Initial Term, City, in its sole discretion, will have the option to renew this Agreement for up to two (2) additional one (1) year terms, each a"Renewal Term". Article IV Independent Contractor Engineer shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Engineer shall have exclusive control of and the exclusive right to control the details of the work to be perFormed hereunder and of 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 respondeat superior shall not apply as between City and Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Engineer. Article V Professional Competence Work performed by Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Engineer's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification ENGINEER, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUD/NG, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUD/NG ALLEGED DAMAGE OR LOSS TO ENGINEER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUD/NG DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY ENGINEER'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF ENGINEER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 2 of 9 Article VII Insurance Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Engineer shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Engineer, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Engineer at least 30-days prior to the date of termination, unless Engineer agrees in writing to an earlier termination date. (2) Either City or Engineer may terminate this Agreement for cause if either party fails to substantially perForm, through no fault of the other and the nonperForming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Engineer, Engineer shall discontinue Services on the date such termination is effective. City shall compensate Engineer for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Engineer agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to Agreement. Engineer agrees that City shall have access during normal working hours City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 3 of 9 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 Engineer reasonable advance notice of intended audits. (2) Engineer further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor 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 Engineer and any subcontractor reasonable advance notice of intended audit. (3) Engineer and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Engineer for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is perFormed. Article XII Observe and Comply Engineer 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 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. Engineer 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 or its subcontractor(s). Article XIII Immigration Nationality Act Engineer shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Engineer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Engineer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be perFormed by any Engineer employee who is not legally eligible to perForm such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 4 of 9 LICENSEES. City, upon written notice to Engineer, shall have the right to immediately terminate Agreement for violations of this provision by Engineer. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XV Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Engineer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Engineer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVI Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of 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 Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Notices Notices regarding Articles IX or X are to be provided 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: Stormwater Development Services-Engineering Manager Development Services Department City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 5 of 9 100 Fort Worth Trail Fort Worth, Texas 76102 Engineer: 360 Clarus, LLC Attn: Michael Crenshaw, P.E., CFM 4660 Cedarview Drive Fort Worth, Texas 76123 All other notices may be provided as described above or via electronic means. Article XVIII Prohibition On Contracts With Companies Boycotting Israel Engineer, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Engineer has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Engineer certifies that Engineer's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 6 of 9 Article XIX Prohibition on Boycotting Energy Companies Engineer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Engineer certifies that Engineer's signature provides written verification to the City that Engineer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XX Prohibition on Discrimination Against Firearm and Ammunition Industries Engineer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Engineer certifies that Engineer's signature provides written verification to the City that Engineer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXI 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 Agreement. Article XXI City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 7 of 9 Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of Agreement: Attachment A- Scope of Services Attachment B — Compensation Attachment C- Changes to Agreement ^+��Qnt Pl Drnio..+ C.�.ho.-1� �lo Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date signed by the City's Assistant City Manager/("Effective Date"). BY: CITY OF FORT WORTH � ' BY: ENGINEER 360 Clarus, LLC M.LC�ZG� i�iY'���GG�Gfi.!/lJ` Michael Creshaw (Dec 16, 2025 09:18:54 CST) Jesica McEachern Assistant City Manager 12/29/2025 Date: pO�an�� pORT�dd a �'o �9dd ATTEST: °'—'� -�° ��o °=o � .�� �°a� ��� ��� �� �\�:Q�1�-tt�rxs�, °°°a neza544a 1 Jannette Goodall City Secretary APPROVAL RECOMMENDED: Byf�'+i-.I�,-,-,.II/n,.,-�� �m�nn.nn.�i fJ1 .___...._... _ . �_ __ . - . / D.J. Harrell Director, Development Services City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 8 of 9 Michael Crenshaw, P.E., CFM Manager 12/16/2025 Date: Drainage and Floodplain Review Services �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY - � , ' � �i '� � gy: `��-� ���- � �_ Richard A. McCracken Sr. Assistant City Attorney M&C No.: 25-1114 M&C Date: December 9, 2025 Form 1295: 2025-1371836 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Leon Wilson, Jv., P.E., CFM Leon Wilson, Jr., P.E., CFM Sr. Capital Projects Officer City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 9 of 9 ATTACHMENT "A" Scope of Work Drainage and Floodplain Review Services The scope set forth herein defines the work to be perFormed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be perFormed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. Under this scope, "CITY" is expanded to include the City of Fort Worth Project Manager and/or their representatives or designees. OBJECTIVE 360 Clarus, LLC (Engineer) will provide 1) assistance in review of Drainage Studies and Grading Permits, Construction Plans, Infrastructure Plans, CIP Construction Plans (Grading and Drainage), and Floodplain Studies and Permit Applications for the City of Fort Worth Department of Transportation and Public Works; 2) training for Engineers in the Land Development Community; and 3) Provide staff augmentation for hard to fill Professional Engineer and Sr. Professional Engineer positions within Stormwater Development Services. WORK TO BE PERFORMED Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 M nagement Task Order Implementation Drainage Study and Grading Permit Review Construction Plan Review Infrastructure Plan Review CIP Plan Review (Grading and Drainage) Floodplain Studies and Permit Applications Training for Engineers in the Land Development Community Augment staff as needed for hard to fill SDS PE positions TASK 1. MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. 1.2. Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in perFormance of the work • Communicate internally among team members • Task and allocate team resources Communications and Reporting City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A PM Release Date: 07/23/2012 O Page 1 of 7 • The Engineer will maintain a log of all drainage reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans, name of review engineer, date of completion of review, and status of review. • At the request of the City Project Manager, the Engineer will attend meetings with the Developer and Developer's Engineer to discuss comments. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Complete Monthly and Final Summary Payment Reports at the end of the project. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Drainage Review Logs. B. Monthly invoices. C. Monthly progress reports. D. Monthly and Final Summary Payment Reports. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request The City Project Manager will notify the Engineer when a project is to be reviewed via electronic communication. Plans will be submitted to the Engineer in a digital format by email or the Engineer will be asked to obtain printed plans from the City. The City will screen the application for completeness and specifically request the type of review needed, i.e. Drainage Studies, Grading Permit, Construction Plan, or other review. The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. The City Project Manager will also provide additional background information needed by the Engineer such as existence of known downstream drainage and flooding problems. The notification to Engineer will constitute the Task Order Notice to Proceed. 2.2 Initial Review Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter or comments added in the City of Fort Worth Accela tracking system. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City later. The Engineer will be available to discuss comments with the City Project Manager as needed. The City Project Manager will be responsible for City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 2 of 7 2.3 2.4 providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. Project Closeout When all comments have been addressed to the satisfaction of the City, the City Project Manager will notify the Engineer and the particular review will be considered closed. TASK 3. DRAINAGE STUDY AND GRADING PERMIT REVIEW 3.1 3.2 Drainage Study Review In general, the purpose of a Drainage Study review is to confirm that adequate outfall exists and that adverse impacts will not result from the proposed project. Specific items to be reviewed for existing, proposed, and ultimate conditions include drainage area delineations and area computations, proper use of runoff coefficients and composite runoff coefficient computations, and analysis of downstream drainage capacity. Detention calculations and modeling will be required for those projects where detention is required. Subsequent Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. Subsequent reviews may include review of Stormwater Facilities Maintenance Agreements (SWFMA), Preliminary Plats, and Final Plats. DELIVERABLES A. Drainage Study and Grading Permit with Redline Comments. B. Comment Letter (signed and sealed) and/or entry into Accela. C. PDF of Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 4. CONSTRUCTION PLAN REVIEWS 4.1 Initial Construction Plan Review Construction Plans will be reviewed in conjunction with Drainage Studies and/or Grading Permits for appropriateness and engineering demonstrating compliance with the Criteria Manual. This will include review of capacity calculations, notes, and construction details. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 3 of 7 4.2 Subsequent Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Construction Plans with Redline Comments. B. Comment Letter (signed and sealed) and/or entry into Accela. C. PDF of Construction Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 5. INFRASTRUCTURE PLAN REVIEW 5.1 Pre-submittal Plan Review Engineer will review submitted plans and provide comments at the pre-submittal meeting held on Thursday Engineer will attend the pre-submittal meeting and discuss plan comments with the applicant. 5.2 Initial Infrastructure Plan Review Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans will be reviewed, and comments entered into Accela (or similar). 5.3 Subsequent Infrastructure Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Infrastructure Plans with Redline Comments. B. PDF of Grading Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 6. CIP CONSTRUCTION PLANS 6.1 Initial CIP Construction Plan Review CIP construction plans reviews will focus on the assessment of proposed drainage and grading improvements for compliance with City requirements. Generally, the review will include drainage area delineations, hydrologic parameters, runoff calculations, spread of water calculations, inlet capacity, hydraulic grade line City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 4 of 7 calculations, outFall protection / energy dissipaters, constructability and downstream impacts. Comments will be provided on the plans through Accela (or Bluebeam, etc.). 6.2 Subsequent CIP Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. CIP Construction Plans with Redline Comments. B. PDF of CIP Construction Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 7. FLOODPLAIN STUDIES AND PERMIT APPLICATIONS 7.1 Initial Floodplain Studies and Permit Applications Review In general the purpose of a Floodplain Studies and Permit Applications review is to insure the submissions follow the City of Fort Worth, State, and Federal requirements for each respective study and permit application. A very detailed review and analysis of these submittals is required by a person experienced and competent in this type of work. There might be meetings with the applicants accompanied with this task that the ENGINEER is expected to attend if needed and/or requested. 7.2 Subsequent Floodplain Studies and Permit Applications Reviews Reviews of revised studies and permits will be handled and prepared in the same manner as for initial reviews. DELIVERABLES A. Floodplain Studies Reviews with Redline Comments. B. Floodplain Permit Applications with Redline Comments. C. Comment Letter(s) (signed and sealed) and/or entry into Accela for each review. D. PDF of Floodplain Studies and Permit Applications with Redline Comments. E. PDF of Comment Letter(s) for each review. F. Monthly tracking of projects costs in a separate tab the follows the current tracking of projects on the Excel format. TASK 8. TRAINING FOR ENGINEERS IN LAND DEVELOPMENT COMMUNITY 8.1 Develop plans and strategies for Land Development Engineers Training. • Identify most frequent issues and review problems from past drainage review projects. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 5 of 7 • Meet with City Drainage Review Staff to discuss and formulate best strategy for training. 8.2 Prepare materials for formal training sessions. • Use case studies from past City and Land Development Engineer reviews. • Employ Land Development Engineer and City Drainage Review Staff experiences. • Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed • Prepare a"lessons learned" document that can be forwarded to engineers and posted on the City website. This will be a living document to be revised over time. 8.3 Prepare and provide to Land Development Engineers additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 8.4. Conduct training sessions with Land Development Engineers. 8.5. Document all training with digital products such as Power Points, handouts, etc. 8.6. Repeat training sessions up to three times. DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists TASK 9. Augment staff as needed for hard to fill SDS PE positions 9.1 Provide direct support to Stormwater Development Services by filling roles and task assignments typically handled a Professional Engineer or Sr. Professional Engineer • Typical duties to include, all developmental permit reviews that SDS staff would typically review, attend and lead project discussion meetings and SW PDC meetings. Conduct and attend training for stormwater staff. Attend / conduct SDS weekly staff ineeting. • Coordinate with staff across different departments pertaining to potential procedural or policy changes regarding stormwater drainage and floodplain permitting. DELIVERABLES A. Provide comments/conditions within Accela and upload redlines on permits when required. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 6 of 7 B. Provide meeting notes when discussing procedural or policy change with staff. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment A Page 7 of 7 ATTACHMENT B COMPENSATION Design Services for Drainage and Floodplain Review Services City Project No. Time and Materials with Rate Schedule Project 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 Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory 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 Principal Project Manager Deputy Project Manager Senior Professional Engineer Junior Professional Engineer Engineer-in-Training (EIT) GIS/CADD Technician Engineering Intern Admin-Accounting-Clerical 2026 Rate ($/hour) $250.00 $220.00 $210.00 $200.00 $180.00 $130.00 $130.00 $75.00 $90.00 2027 Rate ($/hour) $260.00 $225.00 $215.00 $205.00 $185.00 $135.00 $135.00 $80.00 $95.00 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°/o). City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 1 of 4 � 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 Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 2 of 4 � ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Prime Consultant Primary Responsibility Fee Amount % 360 Clarus, LLC Drainage & Floodplain Review Services Proposed Sub-Consultants $230,000.00 TOTAL $230,000.00 100% Project Number & Name Drainage & Floodplain Review Services City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 3 of 4 Total Fee Sub Fee � $230,000.00 $0 � � 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. Direct Assistance Services - Invoice 360 Clarus, LLC ��iC�12�1 Cic'I15�12\i'. P.E. o��e October �, zoz5 �660 Cedar.zen• Dn*�e inYOKe r: 2025-October Fort R'orth. TX 76123 c�u r Development Services 517-300-9960 POr. FW020-OOOOOxxxxx mwcrenshawt�380darus.00m CSCOr xxxx�c Bc ro City of Fort Worth Attn: A4r. Nolan Schomer. PE. CFM 100 Fort Worth Trail Fort Worth. TX 78102 Project: SDS Direct Assistance Services - Development Services TasA w.vz �our�uon 1 0 Stormwater Devebpment Services Direct Assistance Contract Budcet Summary Total PO Amount S Total Fee Eamed S Remaining $ Percent Used Perce�t Remaining � MDIVIO! #OIVIO! Proj�ct w SDS Direct Supolmr 3$664 ea.,o vaa� October 2025 v�.,o ss�u i Depl 0209208 A000unt 53]0500 CantrsctlD 2dd08 Requisibon ID 0000019900 Total Invoice ToUI ' Payment due upon receipt City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 4 of 4 Balance Due• Atnou'a 50.00 50.00 S0.00 50.00 � d ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT for Drainage and Floodplain Review Services City Project No. <List any changes to the Standard Agreement> None. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment C PM Release Date: 05.19.2010 O Page 1 of 1 ATTACHMENT "E" PROJECT LOCATION MAP APPLICABLE TO ALL COUNCIL DISTRICTS City of Fort Worth, Texas Attachment E Drainage and Floodplain Review Services Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages arecovered bythe commercial general liabilityorcommercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requiremerits Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights againstCity and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requiremerits Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. 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. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. 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 as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters ofcredit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requiremerits Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Mayor and DATE: 12/09/25 Texas Council Communication M&C FILE NUMBER: M&C 25-1114 LOG NAME: 06FY26 360CLARUS PROFESSIONAL SERVICES FOR STORMWATER REVIEW SUBJECT (ALL) Authorize Execution of a Professional Services Agreement with 360 Clarus LLC in an Amount Up to $230,000.00 for Drainage and Floodplain Review Services for Fiscal Year 2026 with Two Renewal Options of the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with 360 Clarus LLC in an amount up to $230,000.00 for Drainage and Floodplain review services for Fiscal Year 2026 with two renewal options of the same amount. DISCUSSION: The Professional Services Agreement recommended by this Mayor and Council Communication is for drainage and floodplain review services associated with private development projects. 360 Clarus LLC will augment staff for the review of the drainage and floodplain design components of private development projects. In June 2025, the Transportation and Public Works Department (TPW), Stormwater Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Category G— Development Review Services were utilized for this selection. Thirteen consultants responded to the RFQ for the Development Review Services area with Statements of Qualifications (SOQ). An evaluation team of City staff subject matter experts from the Stormwater Division of TPW & the Infrastructure Division of Development Services scored the submitted SOQs based on company experience, prior projects, and team expertise. 360 Clarus LLC was selected as one of the most qualified consultants to perform these services. II Engineering Firm Total RFQ Score(Max 100) IHalff Associates, Inc. 94 I360 Clarus LLC 92 Kimley-Horn Associates, Inc. � 92 �Freese and Nichols, Inc. 72.5 I�Shield Engineering Group, PLLC 66.5 I�Consor Engineers, LLC 66.5 Nathan D. Maier Consulting Engineers, 63 Inc. IPlummerAssociates, Inc. 58.5 I�IMS Engineers, Inc. 45.5 I�Burgess & Niple 42 IlKleinfelder, Inc. 40 �IOlsson, Inc. 37.5 el Schaffer, Inc. I 30 360 Clarus LLC proposes to perform this work on an on-call, time, and materials basis for a fee in an amount up to $230,000.00. This contract is expected to provide 200 to 275 reviews over approximately 12 months, depending on the level of development activity. Funding is budgeted in the Consultant & Other Professional account within the Stormwater Utility Fund for the Transportation and Public Works. This agreement may be renewed for two additional terms of the same amount. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Stormwater Utility Fund to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Development Services and the Transportation & Public Works Departments have the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Cannon Henry 7909 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 360 Clarus Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2025-1371836 Date Filed: 10/02/2025 Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFQ-Category G-Dev Review RFQ-Category G-Development Review Services Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Crenshaw, Michael Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is MICha21 Cf2llShaW , and my date of birth is . My adaress is 4660 Cedarview Drive , Fort Worth TX 76123 , USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant county, State of Texas , on the 2 day of October 20 25 (month) (year) Forms provided by Texas Ethics Commission C i� " / �`� � C...(YM,t �dw� Signature of authorized agent of contracting business entity (Declarant) www.ethics.state.tx.us Version V4.1.O.f10dOfd8 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: 360 Clarus, LLC Subject of the Agreement: Professional Services agreement in an amount up to $230,000.00 for drainage and floodplain review services associated with private development projects for fiscal year 202E with two renewal options of the same amount. M&C Approved by the Council? * Yes ❑✓ No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: October 1, 2025 Expiration Date: September 30, 2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑✓ No ❑ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.