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HomeMy WebLinkAboutContract 57247 CSC No.57247 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Elements of Architecture, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Fire Department Expansion and Renovation of Fire Station 15 for Pre-design, DD/CD and CA Phase Services. The Agreement documents shall include the following: 1 . This Standard Agreement for Professional Services; 2. Attachment "A" — Proposal for Fire Department Expansion and Renovation of Fire Station 15 for Pre-design, DD/CD and CA Phase Services Dated March 3, 2022 Attachment "A", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Fire Department Fire Station 15 Pre-design, DD/CD and CA Phase Services. (2) 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, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". 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 $197,100.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. OFFICIAL RECORD City of Fort Worth,Texas Standard Agree CITY SECRETARY Revision Date:11/22/2021 Page 1 of 10 FT.WORTH, TX The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third-party evaluation firm (and its licensed inspector) reasonable access to perform a one-time, on-sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 18 Months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, 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, 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 or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed 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 boards, bureaus and 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, City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 2 of 10 contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend 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 subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Article VI Insurance (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 subcontractor to commence work on its subcontract until all similar insurance of the subcontractor 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 $2,000,000 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13t" Street, Fort Worth, TX 76012, prior to commencement of work. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 3 of 10 c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. 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. f. 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. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. 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. j. 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. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 4 of 10 Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) 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. (2) 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) 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 sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant 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 sub-consultant reasonable advance notice of intended audit. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 5 of 10 (3) Consultant and sub-consultants 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 X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the 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 XI 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 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. Article XII 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 6 of 10 laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability 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 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 XV 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 XVI Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 7 of 10 verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Article XVII No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 Agreement, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Article XVIII Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), 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 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XIX Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), 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) City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 8 of 10 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 (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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 XX 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: City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 131" Street Fort Worth, Texas 76102 Consultant: Elements of Architecture, Inc. Attn: Debbie Fulwiler, AIA 1201 6T" Avenue, Suite 100 Fort Worth, Texas 76104 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 9 of 10 . Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and 8 administration of this contract, including By: 9 ensuring all performance and reporting Name: Dana Burghdoff requirements. Title: Assistant City Manager Date: Mar 15, 2022 Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By: Steve Cooke(Mar 11,202214:19 CST) Name: Steve Cooke Title: Director, Property Management Dept. By: Attest: Name: John B. Strong Title: Assistant City Attorney Contract Authorization: By: 4affiette S.Goodall(Mar 15,2022 10 CDT) M&C: Name: Jannette Goodall Title: City Secretary ��O°F°FORT��d ° Pam° P—° 00-4�� �vo °=d o o VENDOR: �a o�`/ Elements of Architecture, Inc d����gXpSoa�� Name: Debbie Fulwiler Title: President Date: Mar 11,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 10 of 10 ELEMENTS "ATTACHMENT A" of architecture March 3, 2022 Mr. Don Isaacs City of Fort Worth 401 West 13th Street Fort Worth, TX 76102 Re: Proposal for A/E Services— Fire Station 15 Dear Don; Elements is pleased to provide to you this proposal for services associated with the expansion and renovation to Fire Station 15 based on our previous programming and schematic design and the follow-up comments received. We anticipate the scope of services for this project is as follows: SCOPE OF SERVICES Pre-Design Services 1. Boundary/Topographic and Tree survey 2. Replat and Coordination for Approval 3. Review and incorporate the latest comments received for an updated floor plan. 4. Coordinate with geotechnical firm for location of borings with an exhibit. We would invoice this effort as a reimbursable expense. Design Development Phase 1. Based on the approval from the COFW on SD phase package, prepare construction documents to DID level 2. Submit documents for review and approval. Construction Documents Phase 1. From approval of the DID Phase, develop construction documents for substantial complete set of CDs. Set to include drawings and project manual. 2. Submit documents for review only. 3. Modify documents as required per City review. 4. Final Construction Documents and provide to the city for distribution. 5. Submit documents for TDLR review. 6. Submit documents for permitting to the city and coordinate this effort through receipt of building permit for general construction. Bidding Phase 1. Orchestrate a Pre-Bid meeting 2. Provide any addenda for clarification to the documents. 3. Review bids and evaluate 3 best bidders. 7. Review meeting for GC selection with the City and stakeholders. Page 1 of 2 Elements of Architecture, Inc. 1 1201 6'h Avenue, Suite 100, Fort Worth, Texas 76104 1 817.333.2880 Construction Administration Phase 1. Bi-weekly OAC meetings during construction with an assumption of 10 months of construction for a total of 20 meetings. We have assumed these OAC are on site. 2. Respond to any RFI's for clarification to the documents. 3. Review of testing laboratory reports. 4. Review of Shop drawings and other submittals as stipulated in the construction documents. 5. Punchlist of space to review conditions and generate a list of deficiencies to design intent. This site visit is in addition to the OACs. 6. Prepare record documents from as-built documents. Exclusions and Qualifications to This Proposal: 1. Proposals for each consultant are attached with the information included as if provided within this proposal. 2. We have assumed that the duration for construction is 10 months with our OAC meetings based on this duration. If construction is delayed and additional OAC meetings are requested, these will be on an hourly basis. PROPOSED FEE Labor We propose to provide our services as identified in this proposal for the lump sum amount as follows: Survey $ 6,500 Platting $ 7,500 Civil Engineering $ 16,500 MEP Engineering $ 48,000 Structural Engineering $ 37,100 Architectural 69,000 Project Total $1134,600 Expenses Reimbursable expenses are in addition to the labor fees listed above and include costs incurred as required for the project such as TDLR submittal, Permit application, printing costs, etc. We would also invoice for the Geotech as a reimbursable expense. Expenses are estimated at$12,500 and will be invoiced based on costs incurred with a 10% markup for processing. If you have any questions or need to discuss, please call me. Thank you for this opportunity to provide our services to you and we look forward to working with you on this project. Sincerely, Debbie Fulwiler, AIA President Attachments: BHB Proposal for MEP/Civil/Landscape RLWA Proposal for Structural