HomeMy WebLinkAboutContract 52546 �E
CITY SECRETARY
CITY OF FORT WORTH, TEXAS
CONTRACT NO._ S�
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Speed Fab-Crete, Corp., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Preliminary
Design-Build Services for the new South Patrol Division Facility.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — "Preliminary Design-Build Services for the FWPD South Patrol
Division Facility" Dated June 29, 2019;
3. Attachment"B"—Verification of Signature Authority Form.
Attachments "A" and "B", 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 Attachments "A" or "B" 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 South Patrol Division Facility.
(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 $78,950.00 unless
the City and the Consultant mutually agree upon a fee amount for additional services
and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontesteo peFfefflAanee
e
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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-site 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 120
days, 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,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
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(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 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
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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.
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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.
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(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
(1) 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.
(2) Upon completion of the design and construction phases of the new South Patrol
Division Facility the Consultant shall meet their commitment of 30% SBE goal with
respect to professional design services.
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
laws of the State of Texas.
City of Fort Worth,Texas Standard Agreement for Professional Services
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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
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 13th Street
Fort Worth, Texas 76102
Consultant:
Speed Fab-Crete
Attn: Ronald A. Hamm, DBIA
P O Box 15580
Fort Worth, Texas 76119
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Article XVI
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 XVII
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 (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 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
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.
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City of Fort Worth,Texas Standard Agreement for Professional Services
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Article XVIII
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.
Executed and effective this the 3rd day of July, 2019.
BY: BY:
CITY OF FORT WORTH CONS!ILTANT
7 Spee Fab-Crete, Corp.
Kevin unn Ronald A. Hamm, DBIA
Interim Assistant City Manager President
Date: ?/ ?o/ Date: 7 3
APPROVAL RECOMMENDED:
By:_��^
fry Roger Venables, Interim Director
Property Management Department
APPROVED AS TO FORM AND
LEGALITY
By: John B. ; rong M&C No.:
Assistant City' ttorney
FQRTGk,
t1,ll&C Date:
ATT T-
Porm 1295 Certification:
Mary J. x X..S)
City Secre ary -
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and
administratio of this contract including ensuring all performance and reporting requirements.
By: Glww�' \9'tkM
Brian R.Glass,AIA
Architectural Services Manager
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,tetephone(512)305-
has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a., !�@ ��
City of Fort Worth,Texas Standard A reem6dif ffko9r at Se
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FT. WORTH, TX
99*ed Attachment "A"
FaA(P,Crete
DESIGN•BUILD GENERAL CONTRACTOR C " v ec C eu w3A' -R"C H ITE TS
P.O.BOX 15580
FORT WORTH,TEXAS 75119 77M DAdIg/7 mild rBi M
June 29,2019
Mr. David Cooke,City Manager
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76012
Re: Preliminary Design-Build Services for the FWPD South Patrol Division Facility
Dear Mr.Cooke:
The Team of Speed Fab-Crete/Callahan &Freeman Architects with Baird, Hampton &Brown Engineering is pleased to
submit the following proposal to provide preliminary Schematic Design Services for the new Fort Worth Police
Department South Patrol Division Facility. This proposal is to become a part of the final agreement for the Design-Build
contract for the new facility.
Our services per this agreement will be to provide the following:
Due Diligence—Soils/Geotech Testing
Site Surveying
Schematic Design—Architecture
Schematic Design—Structural Engineering(partial)
Schematic Design—Civil Engineering
Schematic Design—MEP Engineering
The remainder of the Schematic Design process as outlined in our cost estimate for design of the complete project will
be completed once the complete contract is awarded. These services include the remainder of the Structural
Engineering, Fire Protection Analysis and iSWM.
Our fee for this Preliminary Design-Build Services is Seventy-Eight Thousand Nine Hundred Fifty & No/100th Dollars
($78,950.00). This work will be billed monthly based on completed work with no retainage withheld. A breakdown of
this work along with the final complete project design estimate is attached. A letter agreement for this work is also
included.
Of this work, $34,500.00(43.7%) is being performed by certified SBE consultants. A further$6,450.00(8.2%) is being
performed by an M/WBE consultant. This $40,950.00 (51.9%) will be included in the final analysis for our complete
Design-Build contract.
Respectfully Submitted,
Ronald A. Hamm, DBIA Randy C. Landers, FDBIA, PMP
President Director of Business Development
Speed Fab-Crete Speed Fab-Crete
1 Speed Fab-Crete - P O Box 15580 - Fort Worth,Texas 76119
Callahan&Freeman Architects—P 0 Box 15577—Fort Worth,Texas 76119
PRELIMINARY SERVICES -DESIGN COST June 29, 2019
Name of Project: FWPD South Patrol Division
Date: 2/21/2019 (revised 06/29/2019)
SCHEMATIC ESTIMATE Complete Estimate Preliminary Agreement MIWBE
SBE
1 Soils/Geotech Testing 8 Report 1 est $ 5,000.00 $ 6,450.00 MAMBE
2 Site Survey-BHB Quote quote $ 17,325.00 $ 16,500.00 SBE
3 Schematic Design-Architecture 1 est $ 32,000.00 $ 32,000.00
4 Schematic Design-Structural Engineering 1 est $ 12,000.00 $ 6,000.00
5 Schematic Desing-Civil Engineering quote $ 14,500.00 $ 14,500.00 SBE
6 Schematic Design-MEP Engineering quote $ 3,500.00 $ 3,500.00 SBE
7 Fire Protection Analysis 1 est $ 10,000.00 $ -
8 iSWM 1 est $ 2,175.00 $ -
SUBTOTAL-Schematic Design $ 96,500.00 $ 78,950.00
DESIGN DEVELOPMENT
9 DD-Architecture 1 est $ 68,000.00 $ -
10 DD-Structural Engineering 1 est $ 16,000.00 $ -
11 DD-Civil Engineering quote $ 19,500.00 $ -
12 DD-MEP Engineering quote $ 20,000.00 $ -
SUBTOTAL-Design Development $ 123,500.00 $ -
CONSTRUCTION DOCUMENTS
13 CD-Architecture 1 est $ 168,000.00 $ -
14 CD-Structural Engineering 1 est $ 18,500.00 $ -
15 CD-Civil Engineering quote $ 19,500.00 $ -
16 CD-MEP Engineering quote $ 28,000.00 $ -
SUBTOTAL-Construction Documents $ 234,000.00 $ -
CONSTRUCTION ADMINISTRATION
17 CA-Architecture 1 est $ 38,000.00 $ -
18 CA-Structural Engineering 1 est $ 6,500.00 $ -
19 CA-Civil Engineering quote $ 8,500.00 $ -
20 CA-MEP Engineering quote $ 13,000.00 $ -
SUBTOTAL-Construction Administration $ 66,000.00 $ -
TOTAL 0.00% $ 520,000.00 $ 78,950.00
DISCIPLINE RECAP
1 Due Diligence 0.00%_$ 24,500.00 $ 22,950.00
2 Architecture 0.00% $ 306,000.00 $ 32,000.00
3 Structural Engineering 0.00% $ 53,000.00 $ 6,000.00
4 Civil Engineering 0.00% $ 62,000.00 $ 14,500.00
5 MEP Engineering 0.00% $ 74,500.00 $ 3,500.00
TOTAL 0.00% $ 520,000.00 $ 78,950.00
ATTACHMENT"B"
VERIFICATION OF SIGNATURE AUTHORITY
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Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
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Posi ion: P,lcsidant'
Signature
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Signature
3. Name:
Position:
Signature
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Other Title: /
Date:
City of Fort Worth,Texas Standard Agreement for Professional Services
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