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HomeMy WebLinkAboutContract 48836-R1 CSC NO.48836 P� pNl 1 2 RECEIVED "P' CITY OF FORT WORTH " CONTRACT RENEWAL NOTICE o AP` March 28, 2018 CC'TY'SECRETARIf � CITY01 r-oi3r WoR1h CvN i"fiACT N0. b f'�TYSr- R�rr_-p" Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth,Texas 76109 Attn:Chris Jones, P.E. RE: NOTICE OF CONTRACT RENEWAL Construction Inspection Services for Various City Construction Projects Contract No. CSC No.48836("Contract") Contract Amount:$900,000 The above referenced Contract expired on March 8,2018.Authorized work ordered prior to the expiration date may continue; however no new work orders may be processed under this agreement, unless renewed. Pursuant to the Contract,two contract renewals are permitted.This letter is to inform you that the City is exercising its option to renew CSC No.48836 for an additional one year period,which will begin on the Effective Date established in the renewal document attached hereto. The Hourly Labor Rates in Attachment B will be increased by 2%. The Contract requires certain amendments to comply with recently enacted state laws and other staff-requested changes.The First Renewal and Amendment is attached hereto for your review and execution.The amendments will be incorporated into the original Contract terms with this renewal.All other terms and conditions of the Contract remain unchanged. If your firm agrees to the amendments and renewal terms,please sign and return this acknowledgment letter and the First Renewal and Amendment document and provide a copy of your current insurance certificate to the undersigned. Please log onto BuySpeed Online at http://fortworthtexas.gov/purchasing to insure that your company information is correct and up-to-date If you have any questions concerning this Contract Renewal, please don't hesitate to contact me. Sinc rely yours, oy Teal TPW Capital Delivery 8851 Camp Bowie Blvd.West Fort Worth,Texas 76116 (817)392-7958 By: Lawrence Eckersley Date:_ 0!f /Ila G Vice President/Chief Operating Officer OFFICIAL RECORD S nature CITY SECRETARY FT.WORTH,TX Page 1 of 1 CITY OF FORT WORTH AMENDMENT AND FIRST RENEWAL OF AGREEMENT WHEREAS,this Amendment and Renewal of Agreement is between the City of Fort Worth, ("CITY"), and Freese and Nichols, Inc., ("CONSULTANT"); and WHEREAS, CITY and CONSULTANT desire to amend and renew the Original Agreement(City Secretary#48836); and WHEREAS, the Original Agreement and this Renewal were approved by M&C C- 28098 (February 7, 2017), for the Project generally described as: Construction Inspection Services for Various City Construction Projects; NOW, THEREFORE, it is agreed by the CITY and CONSULTANT as follows: Article I The Scope of Services as set forth in the Original Agreement remains unchanged. Article II The CONSULTANT's compensation for this Renewal shall be$900,000.00. Article III The CONSULTANT'S hourly labor rates,Attachment B to the original agreement, shall be increased by two per cent. Article IV Inspectors The Agreement is hereby amended to include the following language: The CITY reserves the right to review the resume, CV or other certifications for each Inspector proffered by CONSULTANT to perform work under this AGREEMENT.CONSULTANT shall make every effort not to change Inspectors accepted by the CITY for the duration of a PROJECT as defined under Task 1, Construction Inspection, of Attachment A to the original AGREEMENT. Article V The Agreement is hereby amended to include the following language: Immigration Nationality Act Fust Renewal of Agreement Page 1 of 3 FNI-Construction Inspection Services for Infrastructure Projects CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, CONSULTANT shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CONSULTANT 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 CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CONSULTANT, shall have the right to immediately terminate this Agreement for violations of this provision by CONSULTANT. Article VI The Agreement is hereby amended to include the following language: Prohibition on Contracts with Companies Boycotting Israel CONSULTANT acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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, CONSULTANT certifies that CONSULTANT's signature provides written verification to the City that CONSULTANT.(I)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. Article VII All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. First Renewal of Agreement Page 2 of 3 FNI-Construction Inspection Servicer for Infrastructure Projects APPROVED: City of Fort Worth Freese and Nichols,Inc. S n Alanis Lawrence Eckersley Assistant City Manager Vice President/Chief Operating Officer DATE: DATE: o 4 A 1 11 APPROVAL RECOMMENDED: 'Z� � t'� - ('J Douglas'W.Wiersig, P.E. Director, Transportation/Public Works Department APPROVED AS TO FORM AND LEGALITY: y�m M&C: Date: J Q6k=:-- Douglas W.Black Assistant City Attorney FOR T ATTE � 2 ary J. KayserAcj City Secretary 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. 14� oy Teal Construction Manager OFFICIAL RECORD First Renewal of Agreement FT.W01ffH9 TPage of 3 FNI-Construction Inspection Services for Infrastructure Projects CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-337653 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/11/2018 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 48836 Construction Inspection Services for Infrastructure Projects Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Coltharp, Brian Fort Worth,TX United States X Pence, Robert Fort Worth,TX United States X Gooch,Tom Fort Worth,TX United States X Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X New,John San Antonio,TX United States X Cole,Scott Fort Worth,TX United States X Hatley,Tricia Oklahoma City,OK United States X Taylor,Jeff Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Kelly Shriver and my date of birth is 01/20/62 My address is 4055 International Plaza, Ste.200 Fort Worth TX 76109 USA (street) (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 1 lthday of April 2019 (month) (year) Signa re of Oliorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 ACORO® DATE(MM/DDnYYY) CERTIFICATE OF LIABILITY INSURANCE 4/11/2018 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 CONTACT NAME: Ames 8r Gough PHONE , 703-827-2277 FAX 703-827-2279 8300 Greenboro Dr. E-MAIL ,admin ames Suite 980 @ gough.com McLean VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company CNA 20443 INSURED FREEAND-02 INSURERB:Hartford Casualty Insurance Company 29424 Freese and Nichols, Inc. INSURERC:Trumbull Insurance Company A+ X 27120 4055 International Plaza,Suite 200 INSURER D: Fort Worth TX 76109 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15285504 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/OD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY 42UUNN16224 10/23/2017 10/23/2018 EACH OCCURRENCE $1,000,000 XX OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES Eaoccurtence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 42UENN16305 10/23/2017 10/23/2018 Ea accident NED I LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B X UMBRELLA LIAB X OCCUR 42RHUN15748 10/23/2017 10/23/2018 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION 42WBCU2821 10/23/2017 10/23/2018 X STATUTE �RH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000,000 A Professional Liability AEH008214422 10/23/2017 10/23/2018 5,000,000/per claim 10,000,000 aggr DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Construction Inspection Services for City Infrastructure Projects. The certificate holder is included as Additional Insured with respect to General Liability and Automobile Liability when required by written contract.A Waiver of Subrogation is included on the General Liability,Automobile Liability and Workers'Compensation when required by written contract and allowable by law. General Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation and Public Works Dept ACCORDANCE WITH THE POLICY PROVISIONS. 8851 Camp Bowie West Blvd. Fort Worth TX 76116 AUTHORIZED RPRESEtTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 2/8/2017 M&C Review Official -e of',114 Ciry:�f F -t t o tr,Tera; CITY COUNCIL AGENDA FoRTWURm COUNCIL ACTION: Approved on 2/7/2017 DATE: 2/7/2017 REFERENCE**C-28098 LOG 20_2016CONSTRUCTION INSPECTION NO.: NAME: SERVICES CONTRACTS CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT. Authorize Execution of One-Year Annual Contracts with Renewal Options for Construction Inspection Services for Various City Construction Projects with Freese and Nichols, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, TEI Program/Construction Management, Inc., Teague Nall & Perkins, Inc., and VRX, Inc., with a Fee Not to Exceed $900,000.00 Annually Per Firm (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual contracts with Freese and Nichols, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, TEI Program/Construction Management, Inc., Teague Nall & Perkins, Inc., and VRX, Inc., for construction inspection services for various City construction projects. The term of each contract is one-year with two one-year renewal options. The annual amount of each contract not to exceed $900,000.00. DISCUSSION: The Transportation and Public Works Department solicited firms to provide construction inspectors to inspect various City-wide projects as a supplement to Staff in order to accommodate peak periods of construction. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-Telegram in August 2016. The Department received Statements of Qualifications (SOQ) for professional services from 11 firms for providing construction inspection services. Each firm's SOQ was evaluated based upon pre-established selection criteria including qualification of personnel, experience and performance on previous City contracts and availability. An inter-departmental committee selected as most qualified and recommends the following firms for contract approval, Freese and Nichols, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, TEI Program/Construction Management, Inc., Teague Nall & Perkins, Inc., and VRX, Inc. Funding for the construction inspection services for various City construction projects will be provided through various project funding sources. The Office of Business Diversity in conjunction with the Transportation and Public Works Department has determined compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this project. Lamb-Star Engineering, L.P., Lina T. Ramey& Associates, Inc., Multatech Engineering, Inc., CMT Engineering, Inc. d/b/a PaveTex, TEI Program Construction Management, Inc., and VRX, Inc., are certified SBE firms. Freese and Nichols, Inc., Pape-Dawson Engineers and Teague Nall & Perkins, Inc., are also being recommended for awards. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24238&councildate=2/7/2017 1/2 2/8/2017 M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current capital project budgets, as appropriated in the various funds for TPW Capital Projects. The participating department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM I-FunTepartment Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS 2016-12-15 Lamb-Star 1295 Form.pdf Form 1295-Multatech-Cont-Insppdf Freese Nichols Form 1295 for Infr Const Inspec.pdf Lina Rampy Assoc 1295 FormRev.pdf Pape-Dawson Engineers Form 1295 Signed-pdf PaveTex SMuratec1295.pdf TEI Program Construction Management 1295 Form C28016121616380.pdf TNP Form1295.pdf VRX Form 1295 Form-City of FW Inspection-121516.pdf http://apps.cfwnet.org/councilj)acket/mc review.asp?ID=24238&counci[date=2/7/2017 212