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HomeMy WebLinkAbout062669-NA1 - General - Contract - Linbeck Group, LLCCSC No. 62669-NAl NETWORK ACCESS AGREEMENT This Network Access Agreement ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation with its principal location at 100 Fort Worth Trail, Fort Worth, Texas 76102, organized under the laws of the State of Texas and Linbeck Group, LLC, with its principal location at 1263 West Rosedale Fort Worth, TX 76104 ("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor wishes to access the City's network in order to provide services as described in City Secretary Contract No. 62669, which includes, but is not limited to, providing construction services for infrastructure projects. In order to provide the necessary support, Vendor needs access to various City systems as it pertains to the services agreed upon in the aforementioned City Secretary Contract. 2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing provided services as described in City Sectary Contract No. 62669. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date"). ® Services are being provided in accordance with City Secretary Contract No. 62669. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ Services are being provided without a City Secretary Contract at no cost to the City ❑ No services are being provided pursuant to this Agreement 4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Network Access Agreement OFFICIAL RECORD CITY SECRETARY page 1 of 4 FT. WORTH, TX Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Security. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Vendor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary Network Access Agreement Page 2 of 4 Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Vendor. 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each 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. [Signature Page Follows] Network Access Agreement Page 3 of 4 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: AWW14- By: Dianna Giordano (Jun 9, 2026 18:53:30 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 06/09/2026 Linbeck Group, LLC G By: Name: Christoph r Scott Pitt Title: General Manager Date: 06/02/2026 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: By: Candace Pagliara (Jun 8, 2026 07:45:42 CDT) Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0690 Approval Date: 08/01/2025 Form 1295: 2024-1225902 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: r CyaNTyree( �n 2, 2026 19:09:22 CDT) Name: Cynthia Tyree Title: Assistant Director, IT Finance City Secretary:FORr'�aaa ° °Op1ad0 Ope °=0 �o By: U � � dda�n�6g4go Name: Jannette Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Network Access Agreement Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/12/25 M&C FILE NUMBER: M&C 25-0690 LOG NAME: 21200 TEXAS STREET PD DESIGN AND PRECONSTRUCTION SUBJECT (CD 9) Authorize Execution of Amendment No.1 to the Architectural Design Contract with Elements of Architecture Inc., in the Amount of $2,322,400.00, for a Total Contract Amount of $2,701,200.00, and Authorize Execution of a Construction Services Contract with Linbeck Group, L.L.C., in the Amount of $652,500.00, for a Total Contract Amount of $750,000.00, for the Police Department Renovations at 200 Texas Street RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of Amendment No. 1 to the architectural design contract with Elements of Architecture Inc., CSC 59674, in the amount of $2,322,400.00 for design development and construction documents for renovations at 200 Texas Street; and 2. Authorize execution of a construction services contract with Linbeck Group, L.L.C., CSC 62669, in the amount of $652,500.00, for additional pre -construction services and inclusive of a $600,000.00 construction allowance for roof drain relocation and early equipment procurement, for renovations at 200 Texas Street (City Project No. 104374). DISCUSSION: In January 2022, City Council approved the allocation of $30,000,000.00 from the Crime Control and Prevention District (CCPD) Capital Projects Funds to reuse portions of the former City Hall (200 Texas Street) as a consolidated Police facility (M&C 22-0080). The project will renovate approximately 85,000 square feet of the building, primarily on the lower level and the third floor, for Police use. This project will consolidate Police facilities currently located at 1000 Calvert Street and the record storage currently at the Bob Bolen Public Safety Complex. The remaining facility will be utilized by other departments in an "as - is" condition. On June 13, 2023, City Council approved an architectural design contract with Elements of Architecture Inc. for 200 Texas Street programming and schematic design in the amount of $378,800.00 (MC 23-0469). This Mayor and Council Communication will amend the contract to provide additional architectural services (design development and construction documents) increasing the contract by $2,322,400.00, for a total contract value of $2,701,200.00. Procurement of Construction Manaaer at Risk A Request for Qualifications was advertised in the Fort Worth Star -Telegram on September 26, 2024 and October 3, 2024. The City received seven proposals from design -build teams on October 31, 2024. These teams were: • Linbeck Group • Byrne Construction • RJM Contractors Inc. • SpawGlass Contractors • HM & MF, Ltd., d/b/a Muckleroy & Falls • H.J. Russell & Company • Batson Cook Construction • CHC Construction A selection panel including members of Property Management Department and Police Department carefully reviewed these proposals and scored them as follows: Linbeck Group 94.2 Byrne Construction 92.2 Services RJM Contractors Inc. 90.2 SpawGlass 89.8 Contractors HM & MF, Ltd., d/b/a 87.8 Muckleroy & Falls H.J. Russell & 85.4 Company Batson Cook 83.4 Construction Compliance with References and the Business Experience in Proposed Fees Equity Ordinance, Executing CMAR Past Work in the and Expenses M/WBE Projects and City commitment Similar Type Projects 50 pts Pass/Fail 40 pts 10 pts 46.2 Pass 38 10 46 Pass 36.2 10 49 Pass 31.2 10 46.2 Pass 34 9.6 47.8 Pass 30 10 42.2 Pass 33.4 9.8 43.4 Pass 30.6 9.4 CHC Construction 69.8 43.6 Pass 21 5.2 After discussion, the panel selected a short list of three highly qualified teams, and conducted interviews on November 26, 2024. The Linbeck Group, LLC was selected to provide construction services for this project. A pre -construction services contract, in the amount of $97,500.00, was administratively executed (City Secretary Contract No. 62669) to start the assessment of waterproofing, mechanical, electrical, plumbing systems, and onsite utilities. It is recommended that Council approve the execution of an amendment to CSC 62669 to provide an additional $52,500.00 of preconstruction services (complete the building assessment, provide design reviews, budget estimates, final GMP, etc.) and a $600,000.00 allowance for roof drain relocation and early equipment procurement. This Amendment No.1, in the amount of $652,500.00, will bring the total contract value to $750,000.00. The current anticipated budget for the project is as follows: 200 TEXAS STREET RENOVATIONS Total Architectural Design Contract - Programming and $378,800.00 Schematics Architectural Design Contract - Amendment No.1 - Estimate for Construction Documents $2,322,400.00 and Construction Administration Services Pre -Construction Service Contract $97,500.00 Construction Service Contract — Additional Services, Early Procurement and Roof Drain $652,500.00 Relocation Estimated Construction Cost (excluding Infrastructure Upgrades) $24,870,000.00 Project Administration Costs $1,903,800.00 PROJECT TOTAL $30,225,000.00 Funding is budgeted from the CCPD Capital Projects Fund for the purpose of designing and remodeling 200 Texas Street for transferring Police functions from 1000 Calvert Street and records from the Bob Bolen facility. The $600,000.00 in pre - construction costs related to the roof drain and early procurement will be reimbursed through cost -sharing arrangements with all confirmed future occupants of the facility and/or offset against the department's allocated contribution toward the overall building systems upgrade shortfall. Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." IRPC Plan Review Fees and other associated Development Fees will also be waived for this project. Diversity and Inclusion Business Equity Office - Elements of Architecture, Inc. is in compliance with the City's Business Equity Ordinance by committing to 61% participation on this project. The City's business equity goal on this project is 10%. Additionally, Elements of Architecture, Inc. is a certified WBE firm. Linbeck Group - This solicitation was reviewed by The Business Equity Division for available business equity prospects according to the City's Business Equity Ordinance. After DVIN consideration this project was approved, therefore, the business equity goal requirement is not applicable. 200 Texas Street is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the CCPD Capital Projects Fund for the 200 Texas Street Police project to support the approval of the above recommendations and execution of the contracts. Prior to any expenditure being incurred, the Police Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Valerie Washington 6199 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Brian Glass 8088 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Linbeck Group, LLC Subject of the Agreement: Network Access Agreement for services provided under CSC 62669 with Linbeck Group for renovations at 200 Texas Street M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ CSC 62669-NA1 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: November 12, 2026 If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.