HomeMy WebLinkAboutContract 49325 5 78
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a CITY SECRETARYW,/ .—
CITY OF FORT WORTH, TEXAS CCNTRACTNO. ?7
NC ��9TH?DJC �v STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
is AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
�6 8 ITY"), and Lockwood, Andrews and Newnam, Inc., authorized to do business in
exas, for a PROJECT generally described as: Staff Extension Services.
Article I
Scope of Services
(1) Consultant hereby agrees to perform the professional services set forth in the
Scope of Services attached hereto as Attachment "A". These services shall be
performed in connection with Staff Extension Services.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated an amount not to exceed $1,500,000 in accordance with
the Fee Schedule shown in Attachment "B". Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to complete the
services described in Attachment "A". The total fee paid by the City shall not exceed the
amount shown herein unless the City and the Consultant mutually agree upon a fee
amount for additional services and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services OFFICIAL RECORD
Revision Date:6.07.17
Page 1 of 9 Cir SECRETARY
�r.wO T Tx
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of not-to-
exceed twenty-four months, beginning upon the Effective Date, or until the expiration of the
funds or completion of the subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of 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 Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND
HOLD THE CITY, ITS OFFICERS AND EMPLOYEES, HARMLESS AGAINST
CLAIMS, LAWSUITS, ACTIONS, REASONABLE ATTORNEY FEES, COSTS
AND EXPENSES INCLUDING, BUT NOT LIMITED TO, FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
THE EXTENT CAUSED BY (I) CONSULTANT'S NEGLIGENT BREACH OF ANY
OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITU) 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
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 2 of 9
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 combined single limit (or reasonably equivalent
limits of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, and employees shall be
endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Transportation and Public Works,
Attention: Kim C. Arnold, 200 Texas Street, Fort Worth, TX 76102, and attached to
this Agreement prior to its execution.
c. Any failure on part of the City to attach the required insurance documentation
hereto shall not constitute a waiver of the insurance requirements specified
herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days'
notice of cancellation in policy terms or coverage. A ten days notice shall be
acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 3 of 9
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) (a) City may terminate this Agreement for its convenience on 30 days' written
notice.
(b) Either the City or the Consultant for cause may terminate this Agreement if
either Party fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such nonperformance within
5 days of written notice or thereafter fails to diligently complete the correction.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 4 of 9
(2) If City chooses to terminate this Agreement, upon receipt of notice of termination,
Consultant shall discontinue services rendered up to the date of such termination
and City shall compensate Consultant based upon calculations in Article II of this
Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement. The Consultant shall retain ownership and use rights to all drawings,
documents, specifications and other information which was in possession of the
Consultant prior to performance of this Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
(4) The City shall have the right to inspect insurance policies of the Consultant at a
mutually agreeable time and location.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 5 of 9
LArticle X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's
Code of Ordinances aka Ordinance No. 20020-12-2011), as amended, the City has goals for
the participation of minority business enterprises and/or small business enterprises in City
contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement
and its accepted written commitment to MBE and SBE participation. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by the
Consultant may result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers 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.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
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.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 6 of 9
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Kim C. Arnold
200 Texas Street
Fort Worth, Texas 76102
Consultant:
Attn: Dev Rastogi
1320 South University Drive
University Centre II, Suite 450
Fort Worth, TX 76107-5765
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
Article XVII
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.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:6.07.17
Page 7 of 9
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Lockwood, Andrews & Newnam, Inc.
Lroo t ht'A-) R(±24s .
Ja Chapa Dev Rastogi
Assistant City Manager Vice President
Date: Date:
--rte
APPR AL RECOMMENDED:
By: U•
Dougl Wiersig
Director, Transportation and Public
Works
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 Form 1295 No._2017-217083
req 'rements.
G M&C No.: C-28292
Kim C.Arnold, Assistant Dir ctor TPW M&C Date: June 20, 2017
APPROVED AS TO FORM AND LEGALITY
ATTEST: OF Oro
By: V`l;
Douglas Black •:Ip
Assistant City Attorney Mary a r
City Secre ry S~
City of Fort Worth,Texas
Standard Agreement for Professional Servicesjgs ..
Revision Date:6.07.17 OFFICIAL RECORD
Page 8 of 9
CITY SECRETARY
FT.WORTH,TX
ATTACHMENTS A and B
From: Arnold, Kim C
To: Black,Doua
Subject: FW: LAN Agreement and Adjusted Rates
Date: Thursday,July 20,2017 10:54:49 AM
Attachments: LAN COEW Final Agreement.doc
Doug,
We accepted the rates below for the two individuals who are currently performing as staff extension
Sr. PE roles for Capital Delivery. The scope of services is full-time staff extension to support the
Capital Delivery division.
Kim
From: Rastogi, Dev [mailto:DRastogi@Ian-inc.com]
Sent:Thursday,July 13, 2017 11:30 AM
To:Arnold, Kim C<Kimberly.Arnold@fortworthtexas.gov>
Subject: LAN Agreement and Adjusted Rates
Name Year 1 Rate Year 2 Rate
Per Hour Per Hour
Jennifer Roberts $175.50 $180.50
Sofia Ojeda $190.50 $195.50
Kim,
Attached is the final agreement with the company information for signatures and notices. The table
above provides updated hourly rates to account for parking costs as we discussed.
Please let me know when the agreement will be ready and we can have someone pick it up.
Looking forward to meeting you on Monday.
Dev Rastogi,PE
Managing Director
1 I
8350 North Central Expressway,Suite 1400• Dallas,TX 75206-1631
T 214.522.8778 x 4775 D 214.765.8775 C 214.770.3637
www.lan-inc.com • DRastogi anlan-inc.corn
From:Arnold, Kim C [mailto:Kimberly.Arnold@fortworthtexas.gov]
Sent:Thursday,July 13, 2017 10:02 AM
To: Rastogi, Dev
Subject: RE: Question Regarding Parking
Ok.
Dev
The agreement is attached. Please fill in the areas related to your company/contact and send back
to me. I'll route for signatures and have 3 copies ready. Do you have someone who can pick these
up, or do we need to Fedex to your office?
From: Rastogi, Dev [mailto:DRastogiPlan-inc.com]
Sent:Thursday,July 13, 2017 10:00 AM
To:Arnold, Kim C<Kim berly.Arnold(@fortworthtexas.gov>
Subject: Re: Question Regarding Parking
Hi Kim,
Please hold those spots! I will update the rates.
Dev
Sent from my iPhone
On Jul 12, 2017, at 6:38 PM,Arnold, Kim C<Kimberly.Arnoldi@fortworthtexas.gov> wrote:
Hi Dev
$40/month is the rate for the City parking garage on Commerce. We can provide two
spaces in that garage for Sophia and Jennifer at that rate. It is up to you if you park
elsewhere we just have to cap the cost at the$40 because we have spaces available to
offer.
Kim
Sent from my iPhone
On Jul 12, 2017, at 5:33 PM, Rastogi, Dev<DRastogi(@Ian-inc.com> wrote:
Hi Kim,
I am working on getting you adjusted rates to cover parking. Jennifer and
Sofia did some checking and were not able to find $40/month parking. Is
the $40/month rate a special rate for City staff and contractors? Please
give me a call so we can finalize the parking location and send you an
updated rate schedule.
Thanks for your assistance!
Dev
Dev Rastogi,PE
Vice President,Business Group Director
M&C Review
CITY COUNCIL AGENIDA 'rURT WORT11
C0UNG1L ACT 1.0N: Approved on V2Qf2d17
REFERENCE LOG 20STAFF EXTENSION CONTRACT
DATE: 6/20/2017 NO.: C-28292 NAME: LOCKWOOD, ANDREWS & NEWNAM
INC
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with Lockwood, Andrews and
Newnam, Inc., in an Amount Not-To-Exceed $1,500,000.00 to Provide Full-Time Project
Management Staff Extension Services for a Performance Period Up To Twenty-Four
Months for the Transportation and Public Works Department (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services Agreement
with Lockwood, Andrews and Newnam, Inc., in an amount not to exceed $1,500,000.00 for project
management staff extension services.
DISCUSSION:
The proposed Staff extension consulting services will be utilized to meet current and projected capacity
needs based upon projected workload. The not-to-exceed budget allows services for up to a twenty-four
month performance period to achieve needed resource capacity to manage the current and growing
volume of transportation capital improvement projects. The staff extension will be fully integrated into the
City's Capital Delivery Division.
A critical element to meeting the expectations of cost-effective, value-driven, reliable delivery of projects
is resource capacity. The Department of Transportation and Public Works (TPW) is currently managing
the delivery of the 2014 Bond Program along with numerous additional projects advanced through
Community Facilities Agreement and other funding sources.
On May 1, 2017, TPW issued a Request for Qualifications (RFQ) to a list of pre-qualified consultants
created through a prior City solicitation for professional services in January 2017. Eleven responses
were received and evaluated. Lockwood, Andrews and Newnam, Inc., was selected as the firm best
qualified to provide program management staff extension services. Funding for this work effort is
included in each of the projects that are assigned; no new money is being assigned/appropriated.
MNVBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from source(s) where subcontracting or supplier
opportunities are negligible.
This contract serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funding will be available in various capital projects utilizing the
professional staffing services Agreements from various capital funds on a project by project basis. It is
http://apps.cfwnet.org/council_packet/mc_review.asp?ID--24723&councildate=6/20/2017[7/11/2017 4:54:13 PM]
M&C Review
the participating departments' responsibility to verify the availability of funds prior to the use of these
services or the expenditure of funds.
I4
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office bv: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Kim Arnold (2252)
ATTACHMENTS
Form 1295 Lockwood.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24723&councildate=6/20/2017[7/11/2017 4:54:13 PM]
CERTIFICATE OF INTERESTED PARTIES FORM 1295
101`1
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,6,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. 2017-217083
Lockwood,Andrews&Newnam,Inc.
Houston,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 06/01/2017
being filed.
City of Fort Worth Date AcknoWled
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contra ,-and provide a
description of the services,goods,or other property to be provided under the contract.
TPW0717 Staff Extension
Engineering Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controllin Intermediary
Daly,ill,Leo Washington,DC United States X
Petersen, Dennis Houston,TX United States X
Chrostek,John Omaha,NE United States X
Benes, Edward Houston,TX United States X
Brader,James Omaha,NE United States X
Curry,W.Derrell Houston,TX United States X
Boyd,J.Anthony Houston,TX United States X
Cohen,Arnold Austin,TX United States X
Vajdani,Sima Los Angeles,CA United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
"`;,'..., COURTNEY CASTELLANOS
HsTexas.,
Nolory Public.State of f ,
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s y: };`Comm.Expires 02.26.2020
Notary ID 130554862 Signature of authorized agent of conilliteft business entlty
AFFIX NOTARY STAMP/SEAL ABOVE
AV�qlSwo 1rn and subscribed before me,by the said ,this the�dayof
20 1� ,to certify which,witness my hand and seal of office.
A 14IB-- A
,Vv, k4l- 0, - ,I pjhhc
Ignature of tics d nisterin oath a name of officer admin tering oath Title of officer I
inistering oath
71
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,883