HomeMy WebLinkAboutContract 40955-NA1 r
s
e
• NETWORK ACCESS AGREEMENT CONTRACT SECRETARY
NO. `-E O°t SS-A)A 1
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 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of
Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and Garrett Brown,
Summit Consultants, Inc., CONTRACTOR with its principal location at 1300 Summit Avenue, Suite 500
Fort Worth, TX, 76102, ("Contractor"
).
1. The Network. The City owns and operates a computing environment and network (collectively
the "Network"). Contractor wishes to access the City's network in order to provide consultation on the
HVAC systems at the Fort Worth convention Center and Will Rogers Memorial Center. In order to
provide the necessary support, Contractor needs access to Johnson Controls Metasys Building
Automation System which resides on COFW Intranet.
2• Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing consulting services on the HVAC System at the Fort Worth
Convention Center and Will Rogers Memorial Center. 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 Contractor with Network Credentials consisting of
user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor.
Access rights will automatically expire one (1) year from the date of this Agreement. 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. This Agreement will be associated with the Services designated below.
Rf Services are being provided in accordance with City Secretary Contract No. q0lsy G2,71H
Services are being provided in accordance with City of Fort Worth Purchase Order No. I 4W
Services are being provided in accordance with the Agreement to which this Access Agreement
is attached.
❑ No services are being provided pursuant to this Agreement.
4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed
annually if the following conditions are met:
4.1 Contracted services have not been completed.
4.2 Contracted services have not been terminated.
4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the
Contractor has provided the City with a current list of its officers, agents, servants, employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor 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.
S. Network Restrictions. Contractor officers, agents, servants, employees or representatives may
not share the City-assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives
its authorization to the City to monitor Contractor's use of the City's Network in order to ensure
Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants,
employees or representatives, of this Agreement and an�._DthVr written instructions or guidelines that the
City provides to Contractor pursuant to this Agree ent shall be grounds fo the City immediately to deny
OFFICIAL RECORD
Vend�oT__Ve orl A�ess,aree ent CITY SECRETARY
`4 ,5 T% FT. LNORTH, TX Rev. 12/21/2010
4
Contractor access to the Network and Contractor'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, Contractor agrees to remove entirely any client or communications
software provided by the City from all computing equipment used and owned by the Contractor, its
officers, agents, servants, employees and/or representatives to access the City's Network.
7. Information Security. Contractor 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. Contractor 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 Contractor-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. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE
FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF
THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR
ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS
TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS
AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR
ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR
SHALL 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 CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'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 CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Contractor, 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. Contractor
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. Contractor
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. Contractor 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 Contractor involving transactions relating to this
Agreement. Contractor agrees that the City shall have access during normal working hours to all
necessary Contractor 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 Contractor
reasonable advance notice of intended audits. Contractor 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
Vendor Network Access Agreement 2
Garrett Brown, Summit Consultants, Inc., CONTRACTOR
Rev.
f
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 Contractor. This
Agreement and any other documents incorporated herein by reference constitute the entire
understanding and Agreement between the City and Contractor as to the matters contained herein
regarding Contractor'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 Contractor.
13. Assignment. Contractor 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 party 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 Authority. 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.
ACCEPTED AND AGREED:
CITY OF RT WORT : CONTRACTOR NAME:
Ur- M t 1. tv5v �+
B q r
By --""
eri L. 14ontgomer� me:
�Ar,cistant MainWj Title:
Date: r� -;r Date: C�
ATTKST- r ATTEST
Marty Hendrix A oo o
,Cy -� Ala e: J L uu W I t-L I A-wt 1,e N
City Secretary �� ° o tle:�►Ac
APPROVED AS TO FORM ANUbo
Vendor Network Access Agreemen� �'3 I
Garrett Brown,Summit Consuls,Inc.,O Rev.
APPROVED AS O FORM V „ Y OFFICIAL RECORD
OR:
` CITY SECRETARY
FT. WORTH, TX
Assistant ity Attorney
AMENDMENT NO. 1 TO AGREEMENT
• FOR ENGINEERING SERVICES TO
UPGRADE CHILLER AND CONTROL SYSTEM
AT FORT WORTH CONVENTION CENTER
STATE OF TEXAS § CITY SECRETARY CONTRACT NO. La.l-Z2:'i
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth (City) and Summit Consultants, Inc. (Engineer)
made and entered into City Secretary Contract No. 40955 (the Contract)on the 14th day
of October, 2010; and
WHEREAS, the Contract involves engineering services to upgrade the chiller and
control system at the Fort Worth Convention Center; and
WHEREAS, it has become necessary to execute Amendment No. 1 to said
Contract for reimbursable expenses; and
NOW THEREFORE, City and Engineer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the
Contract:
1.
Article I, of the Agreement is amended for reimbursable expenses and increased by
$1,428.97 as specified in the letter from the Engineer dated April 20, 2011, attached
hereto as Attachment A.
2.
Article Il, of the Agreement is amended for the total Agreement price of$12,500.00
for fees plus $1,428.97 for reimbursable expenses.
3.
All other provisions of the Contract, which are not expressly amended herein, shall
remain in full force and effect.
(The Remainder of This Page is Intentionally Left Blank)
OFFICIAL RECORD
CITY SECRETARY
Summa Consultants Inc Amendment No t 1 Apr 201 t i "• WORTH, TX
Upgrade Chiller and Contra System at FWCC(Page t of 2)
EXECUTED this the of , 2011, in Fort Worth, Tarrant County,
Texas.
•044����n
SUMM T CONSULT TS, INC. APPROVED: ApF °o;�'�����
By.
nett S. Brow PE Fernando Costa
Principal Assistant City Mana #'�b
°�0000°°° *dam
APPROVAL RECOMMENDED: RECORDED:
(� W ' By:
By:
� Dougl W. Wiersig, PE, irector Marty Hendrix
Transportation & Public Works Department City Secretary
APP VED O FORM AND LEGALITY: CoM&C Is Not Required
ntract Amendment Authorization
By: Date:
Douglas W. Black
Assistant City Attorney
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH,TX
Summit Consultants Inc Amendment No 1 (Apr 20'')
Upgrade Chiller and Control System at FWCC(Page 2 of 2)
I
UMMdt
C O N S U L T A N T S , I N C .
April 20, 2011
Dalton Murayama,AIA
Architectural Services Manager
Facilities Management/Architectural Services Transportation&Public Works Department City
of Fort Worth
401 West 13th Street
Fort Worth,Texas 76102
Re:FWCC Chiller Replacement
Contract 40955
Dear Mr.Murayama,
This letter is to request an amendment to the above referenced contract to include the following
reimbursable expenses in the amount of$1,428.97.
ARC/Invoice#92-120073 -Full size and half size construction documents and bound
specification books. All were delivered to COFW for the kickoff of the FWCC Chiller
Replacement Project.Amount billed to Summit$678.34
Reprographics/Invoice#92-111610—Copies of original FWCC construction MEP documents
delivered to Danny Rose for his records. Electronic copy kept on file at Summit. Amount billed
to Summit$750.63
I have attached these invoices for your review.
Thank you for your business.
Sincerely,
6G S. Brown,P.E.
Principal
-� C) CUSTOMER COPY
ran REMIT TO: INVOICE NUMBER
ARC
P.O. BOX 740170 92 -1200' 3
TX
HOUSTON, TX 77274-0170
Phone: (817) 332-9704 Order: 29987E
Fax: (817) 335-7855 Date : 03/29/2011
TaxId: 74-603-6592 Time: 6 :23PM
SHIP TO:
BILL TO:
SUMMIT CONSULTANTS, INC- 49123 SUMMIT CONSULTANTS,1300 SUMMIT AVE, STE 500 INC.
1300 SUMMIT AVE, STE 500 FT WORTH TX 76102
FT WORTH TX 76102
Phone: (817) 878 -G242
i Ordered By
Customer' s1 .0. Number
GARETT
10134 f Invoiced By
Project N er Ship Via Salesman
roje Our truck CARL LAMSFUSS JUAN E PEREZ
INVOICE TERMS: Net- 3-0 —Days....
` -- QUANTITY _. ..
-- --- �--- UNIf PRICE EXTENSION
I AA SHIPPED wm'n¢i
ITEM NUMBER DESCRIPTION -- ---
------------
48 .38
1.602 . 01 BOND - REDUCE/ENLARGE - LDC SF 27 4 8 .3 8
1 set of 9 (15x22) 27 sq ft I 275 .40
DIGITAL BOND PRINT ; SF ; 810;
1.601. 01 I
I10 sets of 9 (30x42) 810 sq ft ; 57. 78
1601 . 01 ;DIGITAL BOND PRINT SFj 135;
15 sets of 9 (15x22) 135 sq ft
1 . 320. 14 .52
1925 . 01. CLEAR ACETATE COVERS 8 .5X11 ; Cp' 1320 0 .1100 145.20
1900 . 01 ,COPIES 8 .5X11 1-SIDED
f10 copies of 132 originals ' Fpi 11 4 . 620 50 .82
1951 . 01 !PLASTIC COIL 1 . 320' 21. 12
1625 .C1 !PAPER STRIP & STAPLE - LDC ST! 16 1. 32 10. 00
501. 01
'DELIVERY CHARGE EA!
i
R_dgways Yeas adopted their parent
company name of ARC.
1=L,FASF MAKE ALL !CHECKS PAYABLE TO ARC !
I
Fuel Surcharge: 3 .42
XAA,_)'JNI
AX TAX AMOUNT REIGHT CHARGES
TOTAL AMOUNT DUE
X f 1 5';.. er ,ninth, e(lual lu 18% annually will be applied to past due balance.
l ate Charges � p
`I
. ' $ CUSTOMER COPY
'a eprographics
__EMIT TO: --- -�,
REPROGRAPHICS FORT WORTH 4Va CE NUr;:gER
P.O. BOX 740170
/� � HOUSTON, TX 77274-0770 92-111610
/� RC Phone: (817) 332-9701
an Amnrlean aooroayanetcs company' Fax: (817) 3 3 5-7 8 5 5 -� _.
TaxId: 74-603-6592 Ord�i . 286834
Date: 12/02/2010
BILL TO: Tine. 2 :30PM
SHIP TO:
SUMMIT CONSULTANTS, INC.
13 1300 SUMMIT AVE, STE 500 49123 SUP•'IMIT CONSULTANTS, it,-C.
�tOSUM 7'X VE, 1300 •SM'-TM'TT AVE, STE 500
FT WORTH TX 76102
Phone: (817) 378-4242
Customers P.O. Number
9133 Ordered By
GAi?RE
''T
Shin Via Salesman Invoiced By
Our truck CARL LAMSFTJSS TO,�l+
MY V GiHITE
INVOICE
- - -- - -- - TERMS: Net 30 Days
__•. ITEM NUMBER QUAYt 1 - -- - , -y—
DESCRIP ION SHIaPto —1 UNIT EXTENSION
-- - T
�v �-_..1,Y£AO _--�
1601 . 01 !DIGITAL BOND PRINT SF I 46.31 —__
11 set of 39 (36x48) 468 Sq ft t 149. 76
1601. 01 DIGITAL BOND PRINT SF1 576! 184 . 32
�1 set Of 48 (36x48) 576 sq ft i
1625 . 01 ;PAPER STRIP & STAPLE - LDC ST'
6123 . 11 2' 1.320 2 . 64
;SCANNING LARGE FORMAT PLANS ; SFI; 576
1 set of 48 (35x48) 576 sq ft 144 . 00
75% APPLIED '.�C SCAN & EMA-El, FILES
THANK YOU FOR "BEING A VALUED CUSTOMER
� 1
6123 . 11 SCANNING LARGE FORMAT PLAIDS SF� 468
+1 set of 39 (30-x48) 468 sq ft ! 1 I 11"1 . 00
6116 . 07 ;EMAIL FTP SERVICES LARGE FORMT EA ' 8','
5251 . 01 - DELIVERY CHARGE IEA1 1. 10 95. 70
--------- ---- 0 . 00 Na Charge
-- - Notes -- -
j 1.�Ot,..0 1_
i-11.5 .FPM
i
i
I
I<e rographi :, F'_. Worth & Rid-3-way' s
j�, in `oi-•�c:.� .r; !�allas/Fo_ t t:or the
5 _�c�tio:ts o i�cr-,e '�c-r :�nclsdirr3
:1c__.ti _�a_iac anr.i :)o.ti:ztc•.tn La'las
,:F corn^anies .
Fuel Surcharge: Nc Charge
X
E