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HomeMy WebLinkAboutContract 63308CSC No. 63308 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home - rule municipality ("City"), and Lochmueller Group dba Multatech, A Lochmueller Company, authorized to do business in Texas ("Consultant'), for a project generally described as: Railroad Fee Assistance and Crossing Inventory Management - Project No.106276. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $90,000.00 ("Contract Amount') in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Consultant will perform its duties as expeditiously as is consistent with professional care and skill and the orderly progress of the Project. The term of this Agreement shall commence on City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 1 of 10 106276 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of 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 respondent 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 orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND THIRD PARTY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) 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 CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 2 of 10 106276 AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article Vill Force Majeure 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; acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 3 of 10 106276 (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that 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 subcontractor agrees that 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 subcontractor(s), involving transactions 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 article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by 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 XIII 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 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 City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 4 of 10 106276 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 or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under 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 Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of 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 City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 5 of 10 106276 Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of 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 Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: Kevin Isu Transportation and Public Works 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Lochmueller Group dba Multatech, A Lochmueller Company Attn: Kory Taylor 2821 W. 7th St. Suite 400 Fort Worth, TX 76107 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, 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 City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 0, 2024 Management Page 6 of 10 106276 to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 7 of 10 106276 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. Article XXIII City of Fort Worth, Texas Railroad Fee Assistance Standard Agreement for Professional Services and Crossing Inventory Revision Date: March 8, 2024 Management Page 8 of 10 10(i27ti 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. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attaehmeat-€—L-eeatiaR-Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager, BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 05/16/25 -11 anq 0 v°i.o o9�d ATTEST: ono o=d °°nneza5a4p / Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY By: Douglas Black (May 14, 202513:32 CDT) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 9 of 10 BY: CONSULTANT Lochmueller Group Lochmueller Company dba Multatech, A Paul Padilla Regional Leader —Texas Region Date: 4-16-2025 M&C No.: N/A M&C Date: N/A Railroad Fee Assistance and Crossing Inventory Management 106276 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for 2024 On -Call Railroad Fee Assistance & Professional Services The scope of work 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. OBJECTIVE The objective of the projects completed under the Task Order agreement is to assist the City of Fort Worth in negotiating annual railroad maintenance fees associated with a variety of City projects that interact with the City. Work under this agreement includes, but is not limited to, project management, data collection, diagnostic meetings, traffic signal pre-emption plans, and quiet zone mitigation and documentation. WORK TO BE PERFORMED CONSULTANT hereby agrees to perform planning, project management and professional services on a task order basis as may be requested by the CITY during the term of this AGREEMENT for the following categories of public improvement projects: TASK 1 To assist the City of Fort Worth in negotiating railroad annual maintenance fees associated with the following project types: • Real estate land lease fees • Signal upgrades and interconnectivity for at -grade rail crossings • Track crossing surface upgrades • Fees associated with Quiet Zone projects TASK 2 Assist the City of Fort Worth in establishing a long-term program, develop procedures, identify opportunities for added value, and to reduce the City's exposure and responsibility for paying higher maintenance fees as described in Task 1. Multatech will also assist the City of Fort Worth in managing future expectations and to help create strategies to strengthen the City's position to negotiate, establish boundaries, and create win -win scenarios with the railroads: • Assist in long-term crossing agreements between the City and railroads • Survey other city's experiences and fee structures under similar circumstances • Due diligence in creating sustainable interaction between the City and railroads regarding crossing projects City of Fort Worth Attachment A PMO Release Date: 10.24.2024 ATTACHMENT "A" Scope for 2024 On -Call Railroad Fee Assistance & Professional Services • Develop a framework to standardize interaction between parties regarding crossing projects that is predictive and not subject to variables between projects, timelines, and locations • Assist in developing a long-term strategy to co -exist between railroads, City, expanding populations, suburban sprawl, etc. TASK 3 Assist CFW in developing a systemwide list identifying at -grade crossing candidates for closure and/or grade separation. Having a living document that can be updated at any time with closure candidates can provide significant benefits to the railroads' demands for multiple closures for each crossing upgrade, improvement, widening, or modification: • Prepare a ready-made list of crossing closure candidates identified as redundant, seldom used, or can easily be routed to a nearby arterial street • Identify crossings that are suitable for Grade Separation. Develop high-level cost estimates for future budgeting and bonding purposes Work under this AGREEMENT will be performed on a Work Order requested basis. The CITY will request services for each Work Order. The CONSULTANT shall perform the tasks requested by the City on a time and materials (T&M) basis. Compensation will be based upon the hours actually worked to complete the task requested by the City. Compensation will be based on the Schedule of Rates in Attachment "B" of this AGREEMENT. The fee will include an estimate of reimbursable expenses and sub -consultant fees, if necessary. Compensation for each Work Order shall be hourly and not -to -exceed. If the Work Order requires a schedule, a schedule shall be attached as Attachment "D". Each Work Order shall include Attachment "E" to identify the project location. City of Fort Worth Attachment A PMO Release Date: 10.24.2024 ATTACHMENT B COMPENSATION Design Services for RAILROAD FEE ASSISTANCE City Project No. 106276 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2024 Rate 2025 Rate ($/hour) ($/hour) Principle $290.00 $298.70 Project Manager/Railroad Expert $229.50 $236.38 Design/Resident Engineer $206.50 $212.80 CADD Tech II $127.30 $131.11 CADD Tech 1 $105.05 $108.20 Clerical Support $57.00 $58.71 Project Accounting $93.75 $96.56 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as .Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth, Texas Attachment B Revised Date: 12/912022 Page 1 of 4 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, Railroad Coordinator monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Multatech, A Lochmueller Company Railroad Fee Assistance $90,000.00 100% Proposed MWBE Sub -Consultants N/A Non-MWBE Consultants Project Number & Name Railroad Fee Assistance City MWBE Goal = 0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 TOTAL $ 0% 100% Total Fee MWBE Fee MWBE $_90,000.00 $ Consultant Committed Goal = 0 % EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 M Lochmueller Group DBA, Multatei817-289-2051 fax office address 2821 W. 7th St. Suite 400, Fort Worth, TX 76107 CFW Project Manager Supplier's Project Manager: Kory Taylor I Supplier's PM email. ktaylor@multatech.com Name of Project: Railroad Fee Assistance Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:Froml Service Date:Tol City Secretary Contract #: P.O. Number: Labor Cateqory Name Hours Rate ($/hr) Amount Project Manager/Railroad Expert Kory Taylor 236.38 $0.00 Senior Engineer Walter O'Reilly 212.80 $0.00 (Designer John Prince 131.11 $0.00 (Junior Engineer 155.00 $0.00 ICAD Technician Eddie Hernandez 108.20 $0.00 lAdminstrative Support Gallo -Anibal Vera 58.71 $0.00 lAccounting Consuelo Gauna 96.56 $0.00 (Principle Paul Padilla 298.70 $0.00 $0.00 I $0.00 I I I $0.00 I I I I $0.00 I I I I $0.00 I I I I $0.00 Total Labor 0.0 $0.00 Subcontract Service I N/A I I N/A I etc I I Subcontractor Subtotal $0.00 10 Percent Markup on Subcontract Services $0.00 Nonlabor Expenses I I I I I I Nonlabor Expense Subtotal $0.00 Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) $0.00 TOTAL DUE THIS INVOICE $0.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for RAILROAD FEE ASSISTANCE City Project No. 106276 Article III Removed: "Time is of the essence" Replaced with: "Consultant will perform its duties as expeditiously as is consistent with professional care and skill and the orderly progress of the Project." Article VI Removed: "ALL" Replaced with: "THIRD PARTY" City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. 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. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. 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 as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 ADDITIONAL COVERAGES Ref # Description Coverage Code Form No. Edition Date Social Engineering Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 250,000 5,000 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. 106276-E PAG-M u ltatech "Railroad Fee Assistance and Crossing Inventory Management" Professional Services Contract Interim Agreement Report 2025-05-09 Created: 2025-05-09 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Out for Approval Transaction ID: CBJCHBCAABAAE4dgxD8eV5xkk3DF1THxBkV3rUVysgnn Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "106276-EPAG-Multatech "Railroad Fee Assistance and Crossin g Inventory Management" Professional Services Contract" Histor y Document created by Andrea Munoz (Andrea. Munoz@fortworthtexas.gov) 2025-05-09 - 1:13:25 AM GMT- IP address: 204.10.90.100 P. Document emailed to Kevin Isu (Kevin.lsu@fortworthtexas.gov) for filling 2025-05-09 - 1:29:41 AM GMT Email viewed by Kevin Isu (Kevin.lsu@fortworthtexas.gov) 2025-05-09 - 1:30:00 AM GMT- IP address: 20.159.64.152 =L Document shared with Seidi Tovar (Seidi.Tovar@fortworthtexas.gov) by Andrea Munoz (Andrea. Munoz@fortworthtexas.gov) 2025-05-09 - 1:44:43 PM GMT- IP address: 204.10.90.100 40 Andrea Munoz (Andrea. Munoz@fortworthtexas.gov) added alternate approver Donnette Murphy (Don nette. M u rphy@fortworthtexas. g ov). The original approver Deirdre ONeal (deirdre.oneal@fortworthtexas.gov) can still approve. 2025-05-09 - 2:03:19 PM GMT- IP address: 204.10.90.100 �i Kevin Isu (Kevin.lsu@fortworthtexas.gov) uploaded the following supporting documents: cv/ Certificate of Insurance 2025-05-09 - 2:30:52 PM GMT FoRTW❑RTHg I Paweredhy Adobe Acrobat Sign Form filled by Kevin Isu (Kevin.lsu@fortworthtexas.gov) Form filling Date: 2025-05-09 - 2:30:52 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Donnette Murphy (Don nette.Murphy@fortworthtexas.gov) for approval 2025-05-09 - 2:30:59 PM GMT Document emailed to Deirdre ONeal (deirdre.oneal@fortworthtexas.gov) for approval 2025-05-09 - 2:30:59 PM GMT Document emailed to Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) for filling 2025-05-09 - 2:30:59 PM GMT Email viewed by Donnette Murphy (Donnette.Murphy@fortworthtexas.gov) 2025-05-09 - 2:31:12 PM GMT- IP address: 52.244.129.126 Email viewed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) 2025-05-09 - 2:33:12 PM GMT- IP address: 20.159.64.152 Document approval delegated to Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) by Donnette Murphy (Don nette. M u rphy@fortworthtexas.gov) 2025-05-09 - 3:07:20 PM GMT- IP address: 204.10.90.100 FoRTW❑RTHg I Paw m"Y Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Multatech "Railroad Fee Assistance and Crossing Inventory Management" Professional Services Contract M&C: N/A CPN: N/A CSO: DOC4: Date: 4/3/2025 To: Name Department Initials Date Out 1. Tai Nguyen TPW - initial TN 4-3-2025 2 Kevin Isu TPW - initial K►�L k---f--zz25 3. Doug Black Legal — sign contract document 05/14/25 4. Kelly Porter TPW - initial ogBlack //-vze) ' 5. Lauren Prieur TPW - initial 05/12/25 6. Jesica McEachern ACM — sign contract document 05/16/25 Jannette Goodall CSO — sign contract document J t G-d, 05/19/25 Remarks: Donnette Murphy Risk - initial t1m 05/09/25 - Executing a $90,000 contract with Lochmueller Group (dba Multatech) to assist with the Citywide Railroad Maintenance Fee contract negotiation and evaluate all city railroad crossings in Fort Worth, providing improvement recommendations. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ❑No ROUTING TO CSO: N YES No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Certificate of Insurance Return To: Tai.nvuvenna,fortworthtexas.vov at ext Thank you! 2359 for pick up when completed.