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HomeMy WebLinkAboutContract 48043 lip CITY SECRETA 29,�p16 CONTRACT 140.R!Aa3. L � PROFESSIONAL SERVICES AGREEMENT GSS� A.N.A. Consultants,L.L.C. This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and A.N.A. Consultants, L.L.C. ("Consultant"), a Texas Corporation,each individually referred to as a"party"and collectively referred to as the"parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A—Scope of Services 3. Exhibit B—Payment Schedule All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional services for the purpose of performing a Development and Occupation Cost Survey update. The survey shall refresh the data produced in the 2009 Transportation Infrastructure Funding Study in order to provide the City an overview of the permitting, processing, infrastructure, mitigation, and other costs related to development as compared to other cities. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit"A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon execution of contract ("Effective Date") and shall expire one (1) year from date of execution, unless terminated earlier in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $147,323.00, in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit"B",which is incorporated for all purposes herein, subject to appropriation of sufficient funds by the City Council. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Convenience. The City may terminate this Agreement at any time and for any reason by providing the other party with 30 days'written notice of termination. N L RECORD CRETARY RTH,TX 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Breach. Subject to Section 29 herein, either party may terminate this Agreement for breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29. 4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 2 of 14 Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, or the final conclusion of any audit commenced during the said three years have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related 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 paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONSULTANT. It is expressly understood and agreed that Consultant shall operate as an independent Consultant as to all rights and privileges and work performed under this agreement, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondent superior shall not apply as between the City, its officers, agents, servants and employees, and Agency, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Agency. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Agency. Neither Agency, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF AGENCY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. B. iN^vEMNIFICATIv^N - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 3 of 14 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations of the Consultant under this Agreement prior to the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Agency, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned (c) Worker's Compensation-Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease- per each employee $500,000 Disease- policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers'Compensation Act(Art. 8308—1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee (d) Professional Liability(Errors& Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 4 of 14 to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must 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. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Consultant agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Agency, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 5 of 14 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To the CITY: To Consultant: City of Fort Worth Mark Assaad Attn: Fernando Costa,Assistant City Manager 5000 Thompson Terrace 1000 Throckmorton Colleyville,Texas 76034 Fort Worth TX 76102-6311 Facsimile: (817)392-8654 With Copy to the City Attorney At same address 14. SOLICITATION OF EMPLOYEES. Neither the City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Agency, any person who is or has been employed by the other during the term of this agreement,without the prior written consent of the person's employer. Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitaticn of advertisement of employment by either party. 1s. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of the City or Consultant 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 the City's or Agency's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to 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. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 6 of 14 19. FORCE MAJEURE. The City and Consultant 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, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Agency, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 25. WARRANTY OF SERVICES. Consultant warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Agency's option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b) refund the fees paid by the City to Consultant for the nonconforming services. 26. MILESTONE ACCEPTANCE.—Intentionally Deleted. 27. NETWORK ACCESS.—Intentionally Deleted. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 7 of 14 28. IMMIGRATION NATIONALITY ACIT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 29. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 30. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 8 of 14 31. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement, collectively, "Work Product' Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. [Signature page follows] Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 9 of 14 Executed in multiples this the J!' day of , 2016. ACCEPTED AND AGREED: CITY OF FORT WORTH: A.N.A.Consultants, L.L.0 By: e� dO[ By. Fernando Costa Name: Assistant City Manager Title: V,cE r�REsry- Date:/.2 /G Date: 22AS-A o l fo IFO ATTES O By: Mary Ka r City Secretary AS APPROVED AS TO FORM AND LEGALITY: By:dA&n� Guillermo(Will) S.Trevino Assistant City Attorney CONTRACT AUTHORIZATION: MBC: C-27798 1295 Form: 2016-58357 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Agreement—A.N.A.Consultants,L.L.0 Page 10 of 14 EXHIBIT A SCOPE OF SERVICES • The Consultant shall survey each identified city to define: processing fees (planning, engineering and building permit fees), impact and other mitigation fees (one-time charges imposed on development to fund the facilities required to accommodate growth) and infrastructure costs(costs of selected infrastructure required of development based on each survey city's infrastructure standards). • In addition to fees and infrastructure requirements, the Consultant shall also survey the costs/time associated with each city's: park dedication requirements, storm water design standards,tree preservation requirements, paving/street standards and any other regulatory requirements that impact the cost of development. • Site Plan and Cost Analysis:To estimate the costs of fees and development regulations, the Consultant shall create a site plan for each prototype in each city surveyed. Each surveyed city's development standards shall then be applied to the site to determine how much development can be accommodated under those standards (i.e. number of units per acre, lot coverage, etc). • The selected Consultant shall create tables showing the results of the development cost survey. • An Occupancy Cost Survey shall be conducted by the selected Consultant to reflect the property-related charges under the control of each city, excluding ongoing utility user charges (storm water fees, transportation user fees, landscape irrigation service fees, fire protection fees, city property taxes, etc.). • Other tasks include: • Convening meetings to engage stakeholder groups that will advise on possible cities to be included in the survey. • Involvement in public meetings during research and post-report phases. • Analyzing the public infrastructure specifications in each of the survey cities to identify and include those costs in the overall Development Cost Survey. • Coordination with City staff after selection, during research and data compilation phase and during report drafting(weekly meetings). Professional Services Agreement—A.N.A Consultant,L.L.0 Page 11 of 12 fF�`�'r..,•..: .•.•,r:' .:- ii}fllF��Fl�7 •l��� 'a�'i! i MF —...rT..^!Lr'��' .•�:"';�Ff��l����fl�F..l�����''$ti�'a,' MEN e ANACONS-01 KHARDEN ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE(MM �---� 7/7/21/2016 2016YY) o1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#4682 CONTACT AME: Karen Harden N Fort Worth,TX-Hub International Insurance Services PHONE (817)820-8150 FX A No 421 West Third Street,Suite 800 A/C No at Fort Worth,TX 76102 a DRESS:karen.harden@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:American Casualty Co of Reading PA 20427 INSURED INSURER 8:Security National Insurance Company(Am Trust) 19879 A.N.A.Consultants,L.L.C. INSURER C:Continental Casualty Company 20443 5000 Thompson Terrace INSURER D:Texas Mutual Insurance Company '22945 C011eyville,TX 76034 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MWDD/YEYrr MM/DD/YYYY LIMITS YVID LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE a OCCUR B2099864491 01/3112016 01/3112017 PREMISES Ea occurrence $ 300,00 MED EXP(Any one person) $ 10,00 PERSONAL$ADV INJURY $ 1,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY�JECOT� LOC PRODUCTS-COMP/OP AGG E 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED � SINGLE LIMIT y 1,000 00 Ea accident B X ANY AUTO SPP100310507 01131/2016 01131/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) E AUTOS AUTOS X NON-OWNED eOPERTnDAMAGE y X HIRED AUTOS AUTOS Pr E X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 C EXCESS LIAB I CLAIMS-MADE B2094046374 01/31/2016 0113112017 AGGREGATE $ 3,000,00 DED I X I RETENTIONS 0 E WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER D ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑N N/A 0001255809 08/01/2015 08/01/2016 E.L.EACH ACCIDENT E 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE E 1,000,00 It yes,describe under 1,000,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability and Automobile Liability policies include a blanket automatics additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions.The General Liability,Automobile Liability and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it subject to policy terms and conditions.The General Liability policy contains a special endorsement with "Primary and Noncontributory"wording subject to policy terms and conditions.The General Liability and Automobile Liability policies include a blanket notice of cancellation to certificate holder's endorsement,providing for 30 days'advance notice if the policy is canceled by the company other than for SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth,TX 76102 AUTHORIZED/REPRESENTATIVE C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ANACONS-01 KHARDEN LOC#: 1 AC40R 0,9 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#4682 NAMED INSURED ort Worth,TX-Hub International Insurance Services A.N.A.Consultants,L.L.C. 5000 Thompson Terrace POLICY NUMBER Colleyville,TX 76034 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFEcnvE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. Project:Agreement No. 16-0058 Cost Survey ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 N 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. 2016-58357 A.N.A.Consultants,LLC. Colleyvii1e,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 05/19/2016 being filed. City of Fort Worth 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. RFP 16-0058 Development and Occupation Cost Survey 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under n pe alty of perjury,that th ove disclosure' d correct. PAY° � GaMal Maksimos � av Commission Expires Sig authorized agen of contracting s entity 10-23-2017 AFFIX NOTARY STAMP/SEAL ABOVE ) Sworn to and subscribed before me,by the said Cw Q , this the day of 20 _,to certify which,witness my hand an se of office. t• Signature of officer administering oath Printed name of officer administering oath Tide of officer ing Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 612812016 -Ordinance No. 22297-06-2016 5 DATE: Tuesday, June 28, 2016 REFERENCE NO.: **C-27798 LOG NAME: 13P16-0058 SURVEY CC PLANDEV SUBJECT: Authorize Execution of a Contract with A.N.A. Consultants, L.L.C., to Update the Wildan Study Cost Comparisons to see how Fort Worth Development and Occupation Costs Compare to Competitive Cities, in an Amount Up to $147,323.00 for a One Year Term and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Development and Occupation Costs Survey project in the amount of$147,323.00 and reduce the fund balance in the reserves of the TPW Gas Lease Project Legacy Fund; and 2. Authorize execution of a contract with A.N.A. Consultants, L.L.C., in an amount up to $147,323.00 for a one year term for a development and occupation costs survey. DISCUSSION: The study is an update of the cost data component of the Wildan Study of Development Costs and Transportation Impact Funding that was completed in 2009. This survey will provide the City with an analysis of the permitting, processing, infrastructure, mitigation and other costs related to development as compared to select other local, regional and national cities. We will use the results of the survey to evaluate the City's cost competitiveness related to the comparable cities in the state and around the country. The results will be used in the process to evaluate transportation impact fees, water impact fees, development fees and the overall cost of doing business in Fort Worth. This current study update was supported by the Fort Worth Chamber and discussed in the City Council Budget Workshops last year. The study is needed now to inform decision making related to the update of the transportation impact fee study that will begin later this year. The study results are also used in a continuing dialogue with stakeholders in the development community to insure that we are looking at development costs in a holistic way. The results will also serve as a benchmark for important community discussions related to the possible implementation or revision of development policies and regulations On April 22, 2008, Council approved allocating unrestricted gas well revenues up to a total of $15,000,000.00 for street improvements (M&C G-16117). Staff has determined the streets obligated for this funding are substantially complete and there remains approximately $400,000.00 in the fund. This survey meets the expenditure criteria of the Financial Management Policy Statement for Gas Well Revenues, therefore staff recommends using $147,323.00 of these funds for this survey which includes street costs related to development. RFP ADVERTISEMENT -A Request for Proposals (RFP) was advertised in the Fort Worth Star-Telegram Logname: 13P16-0058 SURVEY CC PLANDEV Pagel of 3 every Wednesday from December 6, 2015 through February 3, 2016 with detailed specifications for survey requirements and reporting. The evaluation factors included ability to comply with RFP requirements, relevant experience and qualifications of the company, previous project experience, ability to meet schedule and current capacity, past performance on City projects, and price proposal. Sixteen vendors were solicited from the purchasing vendor database system; one response was received. The proposal was reviewed by an evaluation committee consisting of staff from the Planning and Development Department. The proposal from A.N.A Consultants, L.L.C., was determined to present the best value to the City. PRICE ANALYSIS - Prices under this contract are comparable to prices awarded in August 2008 (M&C C- 22964). No guarantee was made that a specific amount of services would be purchased. The cost to update the Development Cost Survey is $147,323.00, which is intended to be paid from Gas Well Revenue C223. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount of up to $36,830.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. CONTRACT TERMS - Upon City Council's approval, the contract will begin upon execution and expire June 28, 2017. M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE office, in accordance with the BDE ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. However, A.N.A. Consultants, L.L.C. has indicated that it is a certified M/WBE firm. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the TPW Gas Lease project Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 393031 0200431 4611010 100366 003510 $147,323.0 0 393031 0200431 100366 003510 $147,323.00 FROM n!!artment Accoun Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 393031 0200431 4611010 UNSGAS UN9200 $147,323.00 393031 0200431 5330500 100366 003510 $147,323.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aaron Bovos (8517) Logname: 13P16-0058 SURVEY CC PLANDEV Page 2 of 3 Jack Dale (8357) Additional Information Contact: Cristina Camarillo (8355) ATTACHMENTS 1. 13P16-0058 DEVELOPEMENT AND OCCUPATION SURVEY CC PLANDEV 39303 C A016 .docx (Public) 2. 39303 4611010.pdf (CFW Internal) 3. EPLS.pdf (CFW Internal) 4. Form 1295.pdf (Public) 5. PLNDV-16-00332415.pdf (CFW Internal) 6. Waiver 16-0058.pdf (CFW Internal) Logname: 13P16-0058 SURVEY CC PLANDEV Page 3 of 3