Loading...
HomeMy WebLinkAboutContract 63457CSC No. 63457 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 Elements of Architecture, authorized to do business in Texas ("Consultant"), for a project generally described as: Real Time Crime Center ("Project") — Project No. 106217 . Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and in the Schematic Design Phase of 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 for the aforementioned Services and any Reimbursable Expenses in an amount up to $38,000 for ("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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 1 of 13 Time is of the essence. The term of this Agreement shall commence on 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 ALL 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 City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 2 of 13 NON-PERFORMANCE OF THIS 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 VIII 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". City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 3 of 13 Article XI Right to Audit (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 City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 4 of 13 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 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. City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 5 of 13 Article XVII 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: Nicholas George, AIA, NCARB Property Management 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Elements of Architecture Attn: Debbie Fulwiler, AIA 1201 6th Ave, Suite 100 Fort Worth, Texas 76104 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 PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 6 of 13 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. 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. City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 7 of 13 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 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 - Schedule Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT W TH CONSULTANT Elements of Architecture ✓aOLW,641 L Valerie Washington (Jun 16, 202511:52 CDT) Valerie Washington Debbie Fulwiler Assistant City Manager President Date:06/16/2025 94�n°Date:06/10/2025 ate° oQop9�dd ATTEST: pa *oe =° APPROVAL RECOMMENDED: t Q CJI `J Jannette Goodall Marilyn Marvin City Secretary Director Property Management APPROVED AS TO FORM AND LEGALITY ��� M&C No.: By. Stephen -Hines (Jun 16, 202510:45 CDT) Steve Hines M&C Date: Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 8 of 13 PD Expansion Of RTCC FAC 106217 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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: Nikita N. Watts Nik 10, 2025 15-02 CDT) Title: Sr. Capital Project Officer City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 9 of 13 Attachment A Scope of Services 1201 6" Ave, Suite 100 ELEMENTSFort Worth, Texas 76104 of architecture Phone 8 17.333.2880 Fax 817.333.2883 Revised May 30, 2025 Nick George Property Management City of Fort Worth 100 Fort Worth Trail, 101h Floor Fort Worth, TX 76102 Re: Proposal for A/E Services — Annual A/E Contract Real Time Crime Center Expansion — Tactical Center Dear Nick; Elements is pleased to provide to you this proposal for A/E services associated expansion of the existing Real Time Crime Cetner located within the Tactical Center and to expand within the space to the south of approximately 3,400 square feet. Based on the information provided thus far, that includes the proposed layout developed by Diversified MCE, we have developed the following scope of services. We have assumed that the project will be bid and thus have included typical CA phase services. We have assumed that the City's IT will be designing, procuring, and installing the IT/AV associated with the project and our team is providing the building infrastructure to support the equipment. If the city would like us to procure and design the IT/AV system, we will provide a fee for these design services. We have assumed that the furniture associated with this project will be purchased directly by the vendor with design as provided by Police and previously coordinated. We will include coordination of this design within our construction documents. Only the space for the RTCC is included within this project. SCOPE OF SERVICES Schematic Design Phase Programming meeting with users and PMD at the onset of the project to review the scope and schedule of the project and to review the budget. Review existing conditions for any modifications since the renovation of the space occurred and document these changes for an updated floor plan. 3. Develop a proposed layout illustrating the basic scope of the work. 4. Review pricing and update if needed based on proposed layout and updated costs. 5. Provide SD package for review and approval prior to proceeding with the next phase. Design Development/Construction Documents Phase 1. Based on the approval from the COFW from the SD Phase estimate, prepare final construction documents and Project Manual. 2. Submit 75% CDs for review and approval. 3. Complete documents to substantial completion for review and approval. 4. Final construction documents and provide to the city for distribution. Submit for permitting and TAS iraTJraV.•FA City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 10 of 13 Attachment A - Continued Scope of Services COFW RTCC Expansion Proposal for A/E Services May 30, 2025 Page 2 5. Modify documents as required per submittals. Bidding Phase 1. Attend a Pre -Bid Meeting. 2. Produce Addenda if required. 3. Review submittals and participate in bid evaluations. Construction Administration Phase 1. Attend a Pre -Construction Meeting once GC is awarded and NTP. 2. Respond to RFI's for clarification to the documents. 3. Review of shop drawings and submittals as stipulated in the construction documents. 4. We have anticipated construction will take approximately 6 months with OAC meetings bi-weekly. One OAC per month for a total of 6 will be onsite while the remaining will be virtual. 5. Review of payment applications from the contractor that coincide with the OAC meetings. 6. Punchlist as the contractor is substantially complete. We have only included one for this site visit. If the contractor is found not to be substantially complete, an additional site visit would be considered additional services. 7. Update of the CAD files to provide record drawings. These will be based on contractor as-builts. If a change order was provided to the contractor for any work reflected in these as-builts, we too would be due an add services. Exclusions and Qualifications to This Proposal: 1. We have assumed IT/AV and FF&E is outside of the scope of our services. 2. Services requested in addition to those specifically outlined in this proposal will be identified and a fee proposal provided with approval required before continuing with those services. 3. Any modifications of the approved layout and design approved in the SD phase will be considered additional services. 4. We have assumed that the GC selected for this project will be experienced in this type of work and is qualified for the project. 5. This is not a LEED project nor BIM will be utilized. 6. Existing conditions (those areas outside of our scope) are in ADA/TAS compliance and we have not included modification of these existing conditions. 7. We have included submittal to TDLR and RAS and will update documents as required for this review. It is the contractor's responsibility to construction the project and elements for ADA/TAS compliance. We have included participating in the RAS' final inspection. 8. A maximum of 2 reviews of an individual shop drawing is included. Beyond these 2, we will provide our services hourly. We have assumed 10 working days for review of submittals during construction. If the contractor requests expedited reviews, these can be provided as an additional service. 9. We have not included an additional followup and review of the outstanding items found during the punchlist walk of the site. If needed this can be done on a per site visit or hourly basis. City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 11 of 13 Attachment B Compensation COFW RTCC Expansion Proposal for A/E Services May 30, 2025 Page 3 PROPOSED FEE Labor We propose to provide our services as identified in this proposal on a lump sum fee for labor which would be invoiced monthly. Schematic Design Phase $ 30,000 Design Development/Construction Documents Phase $1 16,700 Bidding Phase $ 6,100 Construction Administration Phase $ 51.800 Project Total Labor $204,600 Fees listed above are for labor only. Expenses Reimbursable expenses as outlined in the Master Contract are not included in our labor fee and are estimated at $8,000.00. This includes the TAS submittal fee. Thus we are requesting total funds (labor and expenses) for this project in the amount of $212,600. DELIVERABLE Deliverable for this project will include construction documents per a link for download. PROJECT TEAM MEP Engineering will be provided by BHB. Elements is an MWBE certified firm. SCHEDULE See attached for our proposed timeframes for each phase of the project. If this proposal meets with your approval we would anticipate execution of atypical city contract. The fee included in this proposal is good for 60 days. If you have any questions regarding this proposal or need to discuss, please call me. Thank you for this opportunity to continue to provide our services to you and we look forward to working with you on this project. Sincerely, E Debbie Fulwiler, AIA President Attachment A — Project Schedule City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 12 of 13 Attachment C Schedule COFW RTCC Expansion Proposal for A/E Services May 30, 2025 Page 4 PROJECT SCHEDULE The actual schedule for the project will be dependent on owner input with reviews and information as well as scheduling of meetings, however, for planning we propose the following schedule for each phase of the project as defined within the proposal: SD Phase 30-45 days from Notice to Proceed DD/CD to 75% 60-75 days from approval of the SD Phase to 75% documents 75% to IFCs 30-45 days from approval of the 75% documents to IFCs. City of Fort Worth, Texas PD Expansion Of RTCC FAC Standard Agreement for Professional Services 106217 Revision Date: March 8, 2024 Page 13 of 13