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HomeMy WebLinkAboutContract 42046CITY SECRETARY PROFESSIONAL SERVICES AGREEIVF�,`PY`1° RACT Mar- �? Lifc This Agreement is entered into by and between the City of Fort Worth ("City"), a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Pacheco Koch Consulting Engineers, Inc., ("Consultant"), acting through Mark A. Pacheco, its duly authorized President. City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. SERVICES Consultant hereby agrees to perform as an independent Consultant the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be referred to as City Natural Gas Pipeline Database Project or "Project". 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 and/or suppliers that has not been ordered in writing. Consultant shall not be compensated for any additional scope of work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. ARTICLE 2. COMPENSATION Section 1. Consultant shall be compensated 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", however the total fee paid by the City shall not exceed a total of $87,130.50 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement in writing accordingly. Section 2. The Consultant shall provide invoices to the City as specified in Attachment B. Payment for services rendered shall be due within thirty (30) days of the City's receipt of a deliverable item and receipt by City of Consultant's acceptable invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. Professional Services Contract — Natural Gas Pipeline Database City of Fort Worth and Pacheco Koch OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 17 ARTICLE 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of eighteen (18) months, beginning upon the date of its execution, and shall proceed as outlined in the Schedule, Attachment "C' or until the completion of the subject matter contemplated herein, whichever occurs sooner. ARTICLE 4. INDEPENDENT CONSULTANT Consultant shall operate 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 its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, Consultants and subconsultants. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, Consultants, and subconsultants, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5. PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work perfoiined 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 governmental 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, and subconsultants for the accuracy and competency of its services performed hereunder which shall be performed in accordance with the applicable professional standards of competence and care. Subject to any limitations in accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify and hold harmless the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subconsultant or supplier committed by the Consultant or Consultant's agent, Consultant under contract, or another entity over which the Consultant exercises control. Professional Services Contract — Natural Gas Pipeline Database Page 2 of 17 City of Fort Worth and Pacheco Koch ARTICLE 6. INTELLECTUAL PROPERTY Section 1 Rights in data. The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Section 2. Intellectual property rights and ownership. All work product developed by Consultant under this Agreement shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by Consultant under this contract shall be considered ` work for hire" and rights, title, and interests to all intellectual property shall vest in the City. Consultant affirmatively, by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable Consultant shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Consultant shall b) grant an unlimited and exclusive license for publication, sale, reproduction, or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Consultant agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the City may reasonably request, to perfect the City's ownership, license, or other rights to any work product. Consultant shall not use, sell, transfer or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of the work product developed under this contract without the express written consent of the City. ARTICLE 7. INSURANCE Section 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 subconsultant to commence work on its subcontract until all similar insurance of the subconsultant 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 Professional Services Contract — Natural Gas Pipeline Database Page 3 of 17 City of Fort Worth and Pacheco Koch $1,000,000 aggregate Automobile Liability $1,000,000 each accident (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 Technology Liability (1-4,&O) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Coverage shall include but not be limited to the following: ➢ Failure to prevent unauthorized access ➢ Unauthorized disclosure of information ➢ Implantation of malicious code or computer virus ➢ Fraud, Dishonest or Intentional Acts with final adjudication language Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Technology 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 to evidence coverage. Section 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 required under this Article. b. Certificates of insurance shall be delivered to the City prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Professional Services Contract — Natural Gas Pipeline Database Page 4 of 17 City of Fort Worth and Pacheco Koch d. 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. e. 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. f. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. g. 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. h. 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. i. Consultant's liability shall not be limited to the specified amounts of insurance required herein In the event of a material claim against the Consultant and upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 8. TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant has been engaged as a consequence of Consultant s specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. 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 9 RIGHT TO AUDIT (a) 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. (b) 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) Professional Services Contract — Natural Gas Pipeline Database Page 5 of 17 City of Fort Worth and Pacheco Koch 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 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants 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. ARTICLE 10. NON-DISCRIMINATION During the performance of this Agreement, Consultant shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Consultant agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Consultant is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. 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, 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. Professional Services Contract — Natural Gas Pipeline Database Page 6 of 17 City of Fort Worth and Pacheco Koch ARTICLE 12. DEFAULT If at any time during the terms of this Agreement the work of the Consultant fails to meet the specifications of the contract documents or to meet the standards of duty, care, or proficiency of a reasonable and competent Consultant, City may notify the Consultant of the deficiency in writing. Failure of the Consultant to correct such deficiency and complete the work required under this agreement to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this agreement. Consultant shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Consultant and without any fault or negligence by the Consultant. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 13. TERMINATION City may terminate this Agreement without cause by giving thirty (30) days written notice to Consultant In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination If the City terminates this contract under this provision, City shall pay Consultant for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the City may have. All data and completed or partially completed documents and work product prepared under this contract shall be promptly turned over to the City upon termination of this agreement. ARTICLE 14. 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 15. SEV I- RABILITY 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 Professional Services Contract — Natural Gas Pipeline Database Page 7 of 17 City of Fort Worth and Pacheco Koch 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 16. 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: If to the City: If to the Consultant: City of Fort Worth Planning and Development Department Attn Jean Petr, Gas Lease Program Manager 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Pacheco Koch Consulting Engineers, Inc. Attn: D. Ryan Plasse 8350 N Central Expwy, Suite 1000 Dallas, Texas 75206-1612 ARTICLE 17 RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Consultant, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default Any waiver by either party of any provision or condition of the agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Agreement nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. All costs and attorneys fees incurred by the City in the enforcement of any provision of this agreement shall be paid by the Consultant. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this agreement and by law. Professional Services Contract — Natural Gas Pipeline Database Page 8 of 17 City of Fort Worth and Pacheco Koch ARTICLE 18. 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 19. 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. ARTICLE 20 NO THIRD -PARTY BENEFICIARIES 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 ARTICLE 21. 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 (force majeure), 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. ARTICLE 22. ENTIRETY This Agreement, the agreement documents and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Consultant, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this agreement and any other agreement documents, then the terms of this agreement shall govern. Professional Services Contract — Natural Gas Pipeline Database Page 9 of 17 City of Fort Worth and Pacheco Koch ATTACHMENT A. SCOPE OF WORK The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "CONSULTANT" is expanded to include any sub -consultant employed or contracted by the CONSULTANT. OBJECTIVE The CONSULTANT will develop an enterprise application using Microsoft Access or acceptable alternative to manage and track natural gas pipeline license agreements for the CITY's Planning and Development Department The following items define the scope of service required to develop this application for the CITY. WORK TO BE PERFORMED TASK 1. Database Concept Plan TASK 2. Prototype Database Application TASK 3. Database Application Implementation TASK 4. Project Management & Communication TASK 5. Support Services TASK l: DATABASE CONCEPT PLAN The CONSULTANT shall work with the CITY to develop overall design objectives required of the natural gas pipeline license agreement database application. Once the objectives of the application are defined the CONSULTANT will develop a concept schematic and plan demonstrating how the application will function. The concept schematic and plan will be used as a roadmap in future development of the application. 1.1 Concept Development • Meet with CITY staff and document clear application design objectives for the project. • Develop a concept schematic showing screen captures of anticipated forms, reports and queries with links demonstrating relationships and functions of the application. 1.2 Database Concept Plan • Revise the concept schematic to reflect comments from CITY Staff • Develop a matrix of database tables defining field names, data type and validation requirements of each variable. • Prepare a concept plan in the form of a narrative report for the CITY. The plan will outline the functions of the applications and define the anticipated tables, relationships and validation structures for each variable. Professional Services Contract — Natural Gas Pipeline Database Page 10 of 17 City of Fort Worth and Pacheco Koch ASSUMPTIONS: • All necessary database application features will be defined in the database concept plan. • The CITY will provide final written approval of the database concept plan prior to proceeding with TASK 2. DELIVERABLES: • • • Narrative database concept plan describing all anticipated application features Concept schematic of application Matrix of application variables TASK 2: BUILD PROTOTYPE OF APPLICATION The CONSULTANT shall create a working prototype of the application to test functionality of the concept. The prototype application will be tested by the CITY and CONSULTANT to confirm the application will meet CITY requirements and identify unforeseen application errors and inaccuracies. A written list of these errors will be kept by both parties during the testing phase. A log will be provided to the CITY documenting application fixes. 2.1 Develop Prototype Application • Use the approved database concept plan to develop: o Data tables o Data entry forms & management tools o Queries & quick searches o Alerts & notifications o Financial calculations & Tracking o Reports o Form -letters. 2.2 Prototype Testing • The CONSULTANT and the CITY will test the prototype application for functionality of provided features and document programming errors and inaccuracies. • Correct application errors and inaccuracies based on results of testing. • Provide an updated prototype with a log of the corrected errors and fixes to the CITY for review and final approval. ASSUMPTIONS: • The CITY and the CONSULTANT will provide written documentation of application errors and inaccuracies found during a four (4) week testing period of the prototype. Professional Services Contract — Natural Gas Pipeline Database Page 11 of 17 City of Fort Worth and Pacheco Koch • Additional services will be required to develop new features unreferenced in the database concept plan. DELIVERABLES: • Prototype database application for testing • Error and correction log • Finalized prototype database application TASK 3: DATABASE APPLICATION IMPLEMENTATION The CONSULTANT will finalize the application development by converting the prototype database connection from the standard Jet database to SQL Server (Access on the front end and SQL on the backend) Backlogged data will be entered by the CONSULTANT to further test the application and ensure the initial data retains its integrity. Help files will be generated and tied to the final database application. The final database application will be installed on the CITY's server. The CONSULTANT will work with the CITY for four (4) weeks to ensure the application functions correctly on the CITY's system. 3.1 Finalize Prototype Application • Convert application to SQL Server connection updating tables, forms and queries as necessary and add security features to the application. • Enter available backlogged data (up to 250 full entries are budgeted) • Provide internal testing of application with new SQL connection. • Create digital help files for each form documenting forms purpose and relevant calculations. 3.2 Application Installation • Install database application on CITY's system • Test installed application ASSUMPTIONS: • The CITY will provide the CONSULTANT written acceptance of the database application once it has been installed, tested and verified on the CITY's system. DELIVERABLES: • Functional license agreement database application with help files for each form, report and query which operates on the CITY's SQL Server. Professional Services Contract — Natural Gas Pipeline Database Page 12 of 17 City of Fort Worth and Pacheco Koch TASK 4: PROJECT MANAGEMENT & COMMUNICATION The CONSULTANT shall attend meetings and provide response to CITY comments as required. All meetings will be documented with meeting minutes and action items will be submitted to the CITY after each meeting. 4.1 Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 4.2 Communications and Reporting • Attend a project kickoff/chartering meeting with CITY staff to confirm and clarify scope and understand CITY objectives. • Conduct meetings with the CITY during the performance of each Task. • Conduct and document design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. ASSUMPTIONS: • Two (2) meetings will be held in conjunction with each of the three (3) scope items for a total of six (6) meetings. DELIVERABLES: • • • • Meeting summaries with action items Monthly invoices Baseline schedule Monthly progress report with updated schedule TASK 5: SUPPORT AGREEMENT The CONSULTANT will provide the CITY with one (1) year of technical support of the application from the time it is accepted by the CITY. ASSUMPTIONS: • Terms of an annual support agreement will be negotiated and executed between the CONSULTANT and CITY for updates/upgrades and technical support upon final acceptance of the license agreement database application. Professional Services Contract — Natural Gas Pipeline Database Page 13 of 17 City of Fort Worth and Pacheco Koch DELIVERABLES: • Software updates/upgrades • Technical support (Remainder of Page Intentionally Left Blank) Professional Services Contract — Natural Gas Pipeline Database Page 14 of 17 City of Fort Worth and Pacheco Koch ATTACHMENT B. FEE SCHEDULE The CONSULTANT shall be compensated on a lump sum basis for this project. The following costs are estimates of each scope item. 1. DATABASE CONCEPT PLAN' 2. PROTOTYPE DATABASE APPLICATION: 3. APPLICATION IMPLEMENTATION: 4. PROJECT MANAGEMENT & COMMUNICATIONS: 5. SUPPORT AGREEMENT 6. DIRECT EXPENSES • TOTAL DESIGN FEE $ 12,810.00 28,410.00 22,400.00 11,330.00 11,492 50 688.00 87,130.50 Professional Services Contract — Natural Gas Pipeline Database City of Fort Worth and Pacheco Koch Page 15 of 17 nb q o o En CD o = Q? c ID Z. c * 1 - n• 20 CD • n ''d o v' CD o Ca, O I CD oo pkw Po P co 4 w 0 cD Po Or ~. CD d 0 ar CIQ co CD `C CD n Dcz • CD 0 Task Name Notice to Proceed From City 2 DATA BASE CONCEPT PLAN 3 Application Objectives 4 Concept Schematic 5 Schematic Revisions 6 Variable Definition 7 Final Concept Plan Report 8 City Review and Approval 9 BUILD PROTOTYPE OF APPLICATION 10 Build Prototype Application 11 Internal & External Testing of Application 12 Correction &Mods Based on Testing Results 13 City Approval of Working Prototype 14 DATABASE APPLICATION IMPLEMENTATION 15 Database Conversion (from Jet to SQL) 16 Security Features 17 Backlogged Data Entry 18 Help Files 19 Internal Testing 20 Application Installation 21 Testing on City's System 22 Final Acceptance of Database Application I Duration July 1 A kcfljust I Septeml October Novem I Decem I JanuaryI Februal March I April I May 0 days 4*.8J1 45 days 5 days 10 days 5 days 10 days 5 days 10 days 65 days 30 days 20 days 5 days 10 days 75 days 15 days 5 days 5 days 15 days 10 days 5 days 20 days 0 days PKCE PKCE PKCE PKCE City PKCE )., City,PKCE PKCE City }.PKCE PKCE PKCE PKCE PKCE J.. PKCE hCIty,PKCE p 4113 H CD n CD CD t Q.. CDCD �4 CD [ Z CD p O C� CD O b C) CD CD Or • CD SIGNATURE PAGE IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: &AC %'ernanth Costa 7 (tql Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Name Assistant City Attorney ATTEST: Marty Hendrix City Secretary gcV)W\i Date PACHECO KOCH CONSULTING ENGINEERS, INC.: Mark A. Pacheco, 1E., R.P.L.S. President G i Re- am.a_ • •eaarw• e• ntract Authorization bate rccy.nettall-m, or 44:3 9 b % Ay } OQ fig 0 sp 104 (0) Nix %Q8 0 itag `C►-+ tire; ,``9 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Professional Services Contract — Natural Gas Pipeline Database Page 17 of 17 City of Fort Worth and Pacheco Koch M&�, Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 7/19/2011 a Ordinance Nos. 19766 and 19767 DATE: 7/19/2011 R ,FERENCE NI.: **Ga17317 LOG NAME: 062050 GIS MAPPING CODE: G TYPE: CONSENT PUBLICNO HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of $87,130.50 with Pacheco Koch for Expansion of the Oil and Gas Pipeline Geographic Information System Mapping and Database Project and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: I. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund by $87,130.50 from available funds; 2. Authorize the transfer of $87,130.50 from the Capital Projects Reserve Fund to the General Fund 3. Adopt the attached appropriation ordinance increasing estimated receipts in the General Fund by $87,130.50 from available funds; and 4. Authorize the City Manager to execute a contract with Pacheco Koch in the amount of $87,130.50 for expansion of the Oil and Gas Pipeline Geographic Information System Mapping and Database Project. DISCUSSION: On February 3, 2009, City Council approved the Gas Drilling Ordinance No. 18449-02-2009 which requires pipeline companies to submit as -built records for pipelines in a format compatible with the City's Geographic Information System (GIS) system. On June 9, 2009, (M&C G-16593) City Council approved acceptance of a Technical Assistance Grant (TAG) in the amount of $25,000.00 from the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety for the Pipelines and Informed Planning Alliance (PIPA) initiative. The purpose of the grant was to implement a program in the Geographic Information System (GIS) to comply with the City Gas Drilling Ordinance which requires documenting the expanding pipeline systems in Fort Worth to improve available information that may be used for emergency responders, developers and the community. In 2010, the City entered into an agreement with Pacheco Koch (City Secretary Contract No. 40222) to design a GIS layer and accompanying database at a cost of $25,000.00 to meet the requirements of the TAG The work by Pacheco Koch provided the initial framework for the collection and storage of as -built drawings submitted by gas pipeline companies installing natural gas pipelines throughout the City. Based on the scope of work under the TAG, staff is recommending that Pacheco Koch be engaged to expand their work enabling the City to track more comprehensive information regarding natural gas pipelines that impact City properties including parks, airports and maintenance facilities. The contract includes expansion of the database and GIS layer information and technical support for one-year after acceptance by the City. With the implementation of this contract, staff anticipates the ability to determine the footprint of the natural gas pipeline agreements, track revenues and expiration dates for natural gas pipelines that impact City properties via the database and GIS layer application. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15134&councildate=7/19/2011 07/20/2011 M&C Review Page 2 of 2 A waiver for the goal was requested by the Planning and Development Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. This project will be funded by revenues received from pipeline agreements on City properties and is in compliance with the Financial Management Policy Statements for gas revenues which allow for expenditures on technology with a minimum five-year useful life. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers 1) GC 10 446300 006060001000 $871130.50 2 3) 0001 472010 0062050 $87,130.50 4) 0001 539120 0062050 $87,130.50 FROM Fund/Account/Centers 2) GC10 538070 006060001000 $871130.50 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Jean Petr (8367) ATTACHMENTS 06 2050 GIS MAPPING Red REVISED.doc 06 2050 GIS MAPPING Rec3 REVISED.doc http://apps.cfwnet.org/council packet/mc_ review. asp?ID=15134&councildate=7/19/2011 07/20/2011