HomeMy WebLinkAboutContract 63245-NA1Docusign Envelope ID: 5628F281-9336-4A47-9FE5-EE94E6A9A372
CSC No. 63245-NAl
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This Network Access Agreement ("Agreement") is made and entered into by and between the City
of Fort Worth ("City"), a home rule municipal corporation with its principal location at 100 Fort Worth
Trail, Fort Worth, Texas 76102, organized under the laws of the State of Texas and Dunaway Associates,
LLC ("Vendor") with its principal location at 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107.
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide services as
described in City Secretary Contract No. 63245, which includes, but is not limited to, providing inspection
services for infrastructure projects. In order to provide the necessary support, Vendor needs access to
various City systems as it pertains to the services agreed upon in the aforementioned City Secretary
Contract.
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing provided services as described in City Sectary Contract No.
63245. Such access is granted subject to the terms and conditions forth in this Agreement and applicable
provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy),
of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement
for all purposes herein and are available upon request.
3. Network Credentials. The City will provide Vendor with Network Credentials consisting
of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If
this access is being granted for purposes of completing services for the City pursuant to a separate contract,
then, this Agreement will expire at the completion of the contracted services, or upon termination of the
contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year
from the date of this Agreement ("Expiration Date").
® Services are being provided in accordance with City Secretary Contract No. 63245. ("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No.
. ("PSK #")
❑ Services are being provided in accordance with the Agreement to which this Access Agreement is
attached. ("Contract")
❑ Services are being provided without a City Secretary Contract at no cost to the City
❑ No services are being provided pursuant to this Agreement
4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK
#. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion,
at the end of the Expiration Date and each renewal term thereafter.
Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor
shall provide the City with a current list of officers, agents, servants, employees or representatives that
require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial
of access to the Network and/or termination of this Agreement.
5. Network Restrictions. Vendor officers, agents, servants, employees or representatives
may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives
its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's
compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or
representatives, of this Agreement and any other written instructions or guidelines that the City provides to
OFFICIAL RECORD
CITY SECRETARY
Network Access Agreement page 1 of 4
FT. WORTH, TX
Docusign Envelope ID: 5628F281-9336-4A47-9FE5-EE94E6A9A372
Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the
Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may
have under this Agreement or at law or in equity.
6. Termination. In addition to the other rights of termination set forth herein, the City may
terminate this Agreement at any time and for any reason with or without notice, and without penalty to the
City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications
software provided by the City from all computing equipment used and owned by the Vendor, its officers,
agents, servants, employees and/or representatives to access the City's Network.
7. Information Securitv. Vendor agrees to make every reasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the City
from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a
breach or threat of breach which could compromise the integrity of the City's Network, including but not
limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or
resignation of officers, agents, servants, employees or representatives with access to City -provided Network
credentials, and unauthorized use or sharing of Network credentials.
8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND
RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON
ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR
AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S
DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE
SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE
AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND
JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'S OWN COST OR EXPENSE,
HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY
CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME
ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Vendor, for itself and its officers, agents, employees, and
representatives, agrees that it shall treat all information provided to it by the City as confidential and shall
not disclose any such information to a third party without the prior written approval of the City. Vendor
further agrees that it shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall
notify the City immediately if the security or integrity of any City information has been compromised or is
believed to have been compromised.
10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal
terms, and until the expiration of three (3) years after termination or expiration of this contract, have
access to and the right to examine at reasonable times any directly pertinent books, data, documents,
papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this
Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary
Network Access Agreement Page 2 of 4
Docusign Envelope ID: 5628F281-9336-4A47-9FE5-EE94E6A9A372
Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of
intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms,
and until expiration of three (3) years after termination or expiration of the subcontract, have access to
and the right to examine at reasonable times any directly pertinent books, data, documents, papers and
records, both hard copy and electronic, of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of
intended audits.
11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written
contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This
Agreement and any other documents incorporated herein by reference constitute the entire understanding
and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access
to and use of the City's Network.
12. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Vendor.
13. Assignment. Vendor may not assign or in any way transfer any of its interest in this
Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void.
14. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
15. Force Maieure. Each parry shall exercise its best efforts to meet its 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.
16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis 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.
17. Signature Authoritv. By affixing a signature below, the person signing this Agreement
hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions
in this agreement and to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The
other party is fully entitled to rely on this warranty and representation in entering into this Agreement.
[Signature Page Follows]
Network Access Agreement Page 3 of 4
Docusign Envelope ID: 5628F281-9336-4A47-9FE5-EE94E6A9A372
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By: Dianna Giordano(Jun 11, 202508:05 CDT)
Name: Dianna Giordano
Title: Assistant City Manager
Date: 06/11 /2025
Dunaway Associates, LLC
DocuSigned by:
By:
Name: An4crrakl WWVre
Title: Discipline Lead II
Date: Tune 3, 2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality:
By: M. Kevin Anders, II (Jun 9, 2025 08:27 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C: 25-0306
Approval Date: 4/8/2025
Form 1295: 2025-1280118
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.
By:
Name:
CyntATyree(Jun otu 09:06 CDT)
Cynthia Tyree
Title:
Assistant Director — IT Finance
City Secretary:
By:
Name:
Jannette S. Goodall
Title:
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Network Access Agreement Page 4 of 4
6/11/25, 8:51 AM M&C Review
ACITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRTWoRn
DATE: 4/8/2025 REFERENCE **M&C 25- LOG NAME: 2000NSTRUCTION
NO.: 0306 INSPECTION SERVICES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Individual Contracts for Construction Inspection Services with
1836 Engineering, LLC, Atlas Technical Consultants, LLC, Dunaway Associates, LLC,
Foster CM Group, Inc., Halff Associates, Inc., Lamb -Star Engineering, L.P., Lina T. Ramey
and Associates, Inc., Lochmuellar Group, Inc. DBA Multatech Engineering, Inc., Raba
Kistner, Inc., RS&H, Inc., TranSystems Corporation dba TranSystems Corporation
Consultants, and VRX, Inc., in the Amount of $1,000,000.00 Per Firm and Each With Four
Optional Renewals
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute individual
contracts, each in an amount of $1,000,000.00 per firm with: 1836 Engineering, LLC; Atlas Technical
Consultants, LLC; Dunaway Associates, LLC; Foster CM Group, Inc.; Halff Associates, Inc.; Lamb -Star
Engineering, L.P.; LTR and Associates, Inc.; Lochmuellar Group, Inc. dba Multatech Engineering, Inc.;
Raba Kistner, Inc.; RS&H, Inc.; TranSystems Corporation DBATranSystems Corporation Consultants;
and VRX, Inc.; each with four renewal options.
DISCUSSION:
The Transportation and Public Works Department solicited firms to provide public works infrastructure
construction inspectors to inspect various City 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 December 2024.
On January 9, 2025, the Department received Statement of Qualifications (SOQs) for professional
services from 17 firms to provide infrastructure construction inspection services. Each firm was
evaluated based upon pre -established selection criteria including qualification of personnel, response
and performance. An inter -departmental committee selected the most qualified firms and recommends
the following firms for contract approval: 1836 Engineering, LLC; Atlas Technical Consultants, LLC;
Dunaway Associates, LLC; Foster CM Group, Inc.; Halff Associates, Inc.; Lamb -Star Engineering, L.P.;
Lina T. Ramey and Associates, Inc.; Lochmuellar Group, Inc. DBA Multatech Engineering, Inc.; Raba
Kistner, Inc.; RS&H, Inc.; TranSystems Corporation dba Transystems Corporation Consultants; and
VRX, Inc.
Based on the current workload level, the Transportation and Public Works Department projects that
approximately $1.5 billion of infrastructure construction will be inspected over the next five years which
includes developer -led infrastructure projects. Based on current staffing levels, staff anticipates that
approximately $60 million will be extended for contracted infrastructure construction inspection
services over the same period. These agreements will not guarantee any specific amount of work or
payment to any firm. As inspection work is needed for a project, a work order will be issued along with
the funding for specific work being identified and committed at that time. Funding for the construction
inspection services may be provided through various capital project funding sources, including City
Bond Programs. These contracts will serve current and future capital projects as -needed, and a funds
availability verification will be performed by Transportation & Public Works Contract Compliance
Managers prior to each assignment.
The term of each contract is upon the expenditure of funds, each with four renewal options. The City
has the option to extend the term of the agreements or a renewal period, as necessary, for the firm to
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M&C Review
complete work on any assignment issued prior to the expiration of the agreement including
adjustments to the assignment's purchase order amount.
The Business Equity Division placed a 11\% business equity goal on this solicitation/contract. VRX,
Inc., Lamb -Star Engineering, LLC, Foster CM Group, Inc., LTR and Associates, Inc., and 1836
Engineering, LLC, will be exceeding the goal at a Business Equity Prime and self- performing the
scope of the services, meeting the City's Business Equity Ordinance. Any changes in subcontractors
will be reviewed by the Business Equity Division.
The Business Equity Division placed a 11\% business equity goal on this contract. Lochmueller dba
Multatech, Halff Associates, Inc., Raba Kistner, Inc., Atlas Technical Consultants, LLC,
Dunaway Associates, LLC, and RS&H, Inc.,TranSystems Corporation DBA TranSystems
Corporation Consultants, submitted a Prime Waiver Form, which is in accordance with the City's
Business Equity Ordinance.
This is for ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the current capital budgets, as
appropriated, in the various funds to support the approval of the recommendation and execution of the
contracts for Transportation & Public Works Capital Projects. Prior to an expenditure being incurred,
the Transportation & Public Works Department has the responsibility to validate the availability of
funds.
TO
Fund Department Account Project
ID ID
FROM
Fund Department I Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference #
Year (Chartfield 2)
Jesica McEachern (5804)
1295 Forms Combined.pdf (CFW Internal)
25-0051 Compliance Memo-NS.pdf (CFW Internal)
Detail of SOQ Submittal.pdf (Public)
Lauren Prieur (6035)
Patricia Wadsack (8447)
Amount
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