HomeMy WebLinkAboutContract 31921 CITY SECRETARY
CONTRACT NO. Lr
-L
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered by and between the City of Fort Worth,
Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called the
"City", acting herein by and through Joe Paniagua, its duly authorized Assistant City
Manager, and McClaren, Wilson & Lawrie, Inc., hereinafter called the "Consultant",
acting herein by and through David Wilson, its duly authorized Principal, for the purpose
of providing consulting services related to "Needs Assessment for the Fort Worth Police
Department Forensic Division Crime Laboratory".
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein
contained, City and Consultant do hereby covenant and agree as follows:
SECTION I SERVICES OF THE CONSULTANT
1.1 The City hereby contracts with Consultant as an independent contractor, and the
Consultant hereby agrees to perform, within the professional standards normally accepted
in the State of Texas, professional services in connection with a Needs Assessment Study
for the Fort Worth Police Department Forensic Division Crime Laboratory, which
hereinafter is referred to as the "Assignment".
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
I.I.I. Project Manager: Thomas Stimpson, Forensic Division Manager
1.2. Consultant
1.2.1 Principal in Charge: David G. Wilson
1.2.2 Project Consultant: Willis P. Lawrie
2. Neither party may change key personnel without the prior- written agreement of the
other party.
SECTION III CHARACTER OF CONSULTANT'S SERVICES
1. Consultant shall consult with the City to clarify and define City's requirements
relative to the Assignment and review available data.
2. Consultant agrees to commit the personnel to each assignment as necessary in order
to complete the Assignment in an expeditious manner.
3. The Consultant shall advise City as to the necessity of City's providing or obtaining
additional services and data from others required in connection with the Assignment
at City's cost and expense (which services and data Consultant is not to provide
hereunder but on which Consultant may rely in performing services hereunder), and
act as City's representative in connection with any such services of others.
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4. The Consultant shall pay for the printing of contract documents required for
submittals and presentations as a part of the reimbursable allowance.
SECTION IV COMPENSATION AND PAYMENT TO CONSULTANT
1. The total compensation for all of the assignments to be performed by Consultant as
described in CHARACTER AND EXTENT of CONSULTANT'S SERVICES hereof
shall be $59,978 hereinafter referred to as the"total fee".
2. Consultant shall issue monthly invoices for all work performed under this Agreement.
Invoices are due and payable within thirty (30) days from the date that the invoices
are received.
3. If City disputes any portion of an invoice, City shall make payment of the undisputed
portion of the invoice in accord with paragraph 2 and the parties shall attempt to
resolve informally the disputed portion of the invoice. If the parties are unsuccessful
in resolving the dispute, they shall submit the dispute to mediation.
SECTION V PROCEDURES FOR PROVIDING "NEEDS ASSESSMENT" AND
TIME FOR COMPLETION
1. Data Collection
I.1. Mobilization/Prepare and distribute Space Questionnaires
1.2. Kickoff Meeting/partnering session to establish goals, objectives and
methodology and identify other focus groups.
1.3. Conduct first round interviews, tour existing laboratory.
1.4. Obtain and document applicable space planning standards.
1.5. Review applicable advancements in equipment, technology and procedures.
1.6. Research applicable demographics, crime trend and caseload trending.
1.7. Research applicable regulatory trends.
1.8. Develop generic site parameters and requirements.
2. Data Synthesis
2.1. Prepare draft space spreadsheets (move-in day and future projected)
2.2. Conduct follow-up interviews to review draft space spreadsheets
2.3. Review/tour potential sites, excluding a detailed site analysis
2.4. Define shared spaces and operational efficiencies
2.5. Develop demographic profile, trends summary, and space projections
2.6. Define building and site security strategy.
2.7. Examination of regulatory standards to be applied to this project.
2.8. Develop conceptual lab module(s) and overall adjacency diagram(s).
2.9. Establish site planning criteria
3. Prepare Final Documentation
Paget ,„
3.1. Prepare Final Draft Report
3.1.1. Prepare executive summary
3.1.2. Finalize space spreadsheets
3.1.3. Write program descriptions, evidence flow report
3.1.4. Finalize demographics, trends summary
3.2. Review draft final report with Project Manager
3.2.1. Respond to comments
3.2.2. Print and deliver final document
3.3. Provide Cost Estimate
4. Consultant shall complete the Scope of Service and submit its report to the City within
20 weeks from the date that the City issues a notice to proceed.
5. Present findings to City Council within 60 days from completion of the report if
requested by the City, who shall be responsible to schedule such presentation.
SECTION VI CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with
authority to act on City's behalf on all matters concerning the Assignment.
2. Upon reasonable notice arrange for access to and make all provisions for Consultant
to enter upon public and private property as may be required for Consultant to
perform services hereunder.
3. Designate in writing qualified persons who will act as City's representatives with
respect to the Assignment for the purposes of transmitting instructions, receiving
information, interpreting and defining City's policies and decisions with respect to
Consultant's services.
4. Review all reports, recommendations and other documents and provide written
decisions pertaining thereto within a reasonable time.
SECTION VII TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause
by giving Consultant 30 day's written notice of its decision to terminate. Upon
receipt of such notice, the Consultant shall immediately discontinue all services and
shall proceed to cancel promptly all existing contracts insofar as they are chargeable
to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall
pay the Consultant for services performed in accordance herewith prior to such
termination. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation
prescribed in Sections V and VI hereof. Consultant shall also be compensated for all
termination-related expenses such as meeting attendance, document reproduction,
transfer of records, etc. Provided, however, Consultant shall not be enti
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compensation that exceeds the total fee to be paid hereunder at the applicable phase
as stated in Article III.
3. Upon early termination or conclusion of this Agreement, the Consultant shall provide
the City reproducible copies of all completed or partially completed documents
prepared under this Agreement that shall become the property of the City and may be
used by the City in any manner it desires. The Consultant shall not be liable for the
use of such materials for any project other than the project described in this
Agreement.
SECTION VIII INDEMNITY AND INSURANCE
1. Consultant agrees to indemnify and defend the City from any loss, cost, or expense
claimed by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of the Consultant, its employees, officers,
and subcontractors in connection with the work being performed under this Agreement.
2. If the negligence or willful misconduct of both the Consultant and the City (or a person
identified above for whom each is liable) is a cause of such damage or injury, the loss,
cost, or expense shall be shared between the Consultant and City in proportion to their
relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. &
R. Code, section 33.011(4) (Vernon Supplement 1996).
3. Consultant shall obtain and maintain during the life of this Agreement insurance of
the following types and limits:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used in
the course of the PROJECT.
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Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease- policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract. Under no
circumstances shall a "claims-made and reported policy or provision" be
acceptable to the City.
4. Additional Insurance Requirements
(a) Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials, agents, and volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified in this
agreement are provided under applicable policies documented thereon.
(c) Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice shall be acceptable in
the event of non-payment of premium. Such terms shall be endorsed onto
Consultant's insurance policies. Notice shall be sent to the City's Project Manager
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of Texas
and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or
have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management.
(f) Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
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insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or letters of
credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the Assignment.
(h) The City shall be entitled, upon its request and without incurring expense, to
review the Consultant's insurance policies including endorsements thereto and, at the
City's discretion, the Consultant may be required to provide proof of insurance
premium payments.
(i) The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
0) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior to the date
of the contractual agreement. The certificate of insurance shall state both the
retroactive date and that the coverage is claims-made.
(k) The City shall not be responsible for the direct payment of any insurance premiums
required by this agreement and all insurance required in this section, with the exception
of Professional Liability, shall be written on an occurrence basis.
(1) Consultant's sub-consultants and subcontractors shall be required to maintain the
same or reasonably equivalent insurance coverage as required for the Consultant. When
sub-consultants/subcontractors maintain insurance coverage, Consultant shall provide
City with documentation thereof on a certificate of insurance.
SECTION IX SUCCESSORS AND ASSIGNS
1. The City and the Consultant each bind themselves, their successors and assigns, to the
other party to this Agreement and to the successors and assigns of each other party in
respect to all covenants of this Agreement.
SECTION X ASSIGNMENT OF AGREEMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior
written consent of the other party, and any attempted assignment, sublease or transfer
of all or any part hereof without such prior written consent shall be void.
SECTION XI INDEPENDENT CONSULTANT
1. Consultant shall perform all work and services hereunder as an independent
Consultant, 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 the
work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint
venture between the City and the Consultant, its officers, agents, employees and
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Subconsultants, and doctrine of respondent superior has no application as between the
City and the Consultant.
SECTION XII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. I5530, the City has goals for
the participation of minority and woman business enterprises in City contracts.
Consultant acknowledges the M/WBE goal of 10% established for this contract and
its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by Consultant may result
in termination of this agreement and debarment from participating in City contracts
for a period of time not less than three years.
SECTION XIII OBSERVE AND COMPLY
1. Consultant shall at all times observe and comply with all Federal and State 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(prior to the
completion of the work under this agreement) 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 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.
SECTION XIV MISCELLANEOUS
1. 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.
2. The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits
hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons
not privy hereto shall not, in any form or manner, be considered a third party
beneficiary of this Agreement. Each party hereto shall be solely responsible for the
fulfillment of its own contracts or commitments.
4. All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
City: McClaren, Wilson & Lawrie, Inc.
City of Fort Worth
Thomas Stimpson l
Page 7 419, E
t
1000 Throckmorton Street
Fort Worth, Texas 76102
Telephone:
Facsimile:
stimptgfortworth ov.org
IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be
signed in triplicate in its name and on its behalf, by its City Manager and attested by its
City Secretary, with the Corporate Seal affixed; and the Consultant has also properly
executed this instrument in triplicate copies, each of which is deemed an original.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS day ofUl��
2005.
APPROVAL RECOMMENDED: CITY OFF RT
ZIA�' '—� By:
Police epartment JP ag
A sist nt �a.ager
ATTEST: Approved as to Form and Legality
Marty HendriZ, City Secretary Assistant City Attorney
ATTEST: MCCLAREN, WILSON &
LAWRIE, INC.
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By:
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:ontract authorization
Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/12/2005
DATE: Tuesday, April 12, 2005
LOG NAME: 35CRIMELABASMT REFERENCE NO.: C-20657
SUBJECT:
Authorize Execution of Contract with McClaren, Wilson and Lawrie, Inc. to Conduct a Needs
Assessment for the Police Department Crime Laboratory
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with McClaren,
Wilson and Lawrie, Inc. in the amount of $59,978 to conduct a needs assessment for the Police
Department Crime Laboratory.
DISCUSSION:
On December 7, 2004, (M&C G-14604), as part of the Crime Control and Prevention District mid-year
amendments, funds were allocated to hire an external consultant to conduct a pre-design assessment of
site and facility requirements for a new Police Department Crime Laboratory.
The Request for Proposal was issued and was advertised for thirty days. McClaren, Wilson and Lawrie, Inc.
was the only firm to submit a proposal. McClaren, Wilson and Lawries, Inc., are highly qualified, having
completed numerous comparable projects in the past.
M/WBE: McClaren, Wilson and Lawrie, Inc. is in compliance with the City's M/WBE Ordinance by
committing to 10% M/WBE participation. The City's goal on this project is 10%.
This assessment is necessary to determine the needs of a new crime laboratory, potential costs and the
possibility of incorporating the laboratory with another building project.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Crime Control and Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359809 $59,978.00
Submitted for City Manager's Office by_ Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Michael Baldwin (4054)
Logname: 35CRIMELABASMT Page 1 of I