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HomeMy WebLinkAboutContract 47528 1� CITY SECRETARY"�f CITY OF FORT WORTH, TEXAS CONTRACT NO- ��� Q FEB 2 ` 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: Fort Worth Convention Center— Investigation of Conditions. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services Letter "RE: Proposal for A/E Services, Fort Worth Convention Center — Investigations of Conditions", dated "Revised August 14, 2015" and attached hereto as Attachment "A". These services shall be performed in connection with Fort Worth Convention Center. (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 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 $142,608.00 including $2,000 reimbursable expenses 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 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. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 180 days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas1_7 Standard Agreement for Professional Services rte` [- PageRevis11 ofon Date:9/24/2014 9U 11 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. (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 $1,000,000 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 7 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 Property Management Department, Attention: Brian R. Glass, AIA, 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 7 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. 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 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (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:9/24/2014 Page 4 of 7 (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 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 7 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: Property Management Department 401 West 13th Street Fort Worth, Texas 76102 Consultant: Elements of Architecture, Inc. Attn: Debbie Fulwiler, AIA 1201 6th Ave, Suite 100, Fort Worth, TX 76104 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 7 Article XVII 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 �f�`� day of ' 2016. BY: BY: CITY OF FORT WORTH ARCHITECT Elements of Archi ctWe, Inc. �j Jesus J. Chapa Debbie Ful der Assistant City Manager President Date: I —°� —� Date: a/4 -b APPROVAL RECOMMENDED: By Ste e Co ke, Director Property Management Department APPROVED AS TO FORM AND LEGALITY M&C No.: C-2-7 414 2> Richard McCraken 21191ice Assistant City Attorney M&C Date: ?I ISl i S ,moi' �oc,,•1 1 Z 45 CL.cf+`��,S,.�w.'. ?D 1 to- l o��!le ATTEST: F en � Mary J. r o 00 City SecrMary %0 ®� OFFICIAL RECORD City of Fort Worth,Texas �s°oa�00©opeo� �1°�' SECRETARY Standard Agreement for Professional Services �' g F.F. �Q�� ��!P Revision Date:9/24/2014 /`� 0' Page 7 of 7 ATTACHMENT"A" 12016 th Ave,Suite 100 Fort Worth,Texas 76104 ELEMENTS Phone 817.333.2880 of Architecture, Inc. Fax 817.333.2883 Revised August 14, 2015 Mr. James Horner Mr. Brian Glass City of Fort Worth Re: Proposal for A/E Services Fort Worth Convention Center- Investigation of Conditions Dear James and Brian; Elements is pleased to provide to you this proposal for Architectural and Engineering Services associated with review and analysis of existing conditions for the Fort Worth Convention Center. For our services on this assessment,we will review all of the seen conditions as well discuss with staff ongoing conditions that they are experiencing and review of the existing building drawings that have been provided in relation to the conditions found. Our assessment will include review of Accessibility, general condition of materials and impact to the building and its users, life safety concerns as well as general structural, electrical and HVAC. Additionally we have included fees for technology and IT. Based on our understanding of the project, the scope of services anticipated for this project is as follows: SCOPE OF SERVICES: 1. Site visit to review existing conditions and document areas found that are deficient or in need of repairs. 2. Review and analysis of existing conditions and recommendations for remediation and proposed corrective action. 3. Develop an opinion of probable construction cost for the proposed modifications. 4. Meeting to review findings and to assist with prioritizing remediation. 5. Review with the city as report is substantially complete. 6. Final report and distribute. Exclusions and Qualifications To This Proposal: The following are our qualifications or stipulations for additional services and will be provided as requested on an hourly basis or as negotiated: 1. Services in addition to those specifically outlined in this proposal 2. Electrical systems testing and forensic analysis is not included in this fee proposal. 3. Roof assessment is included in this proposal. Refer to proposal by Rooftech for specifics included in this scope.They were asked to prepare their proposal in two parts,with one being the arena and the other the remainder of the roof as the arena may not be needed. 4. Analysis for the vertical circulation of the building has been added with proposal provided by Russell Granzow for both the elevators and the escalators. 5. No destructive, or additional testing beyond what is visually evident by our team is included in this proposal. 6. We have assumed that the city staff will provide us with any equipment required to perform our services such as lifts, ladders, etc. 7. We have not including or anticipate producing any drawings as a part of the scope of this project. Recommendations will be written in nature. 8. We have not included any design as maybe required of some of the recommendations from each discipline that may impact another. Any design services is assumed outside of the scope of this project. 9. Although we believe that SmartCity will provide their services as now cost to the city, as this has not been fully determined with them we have included an allowance for IT evaluation at this time. We have also assumed that we will coordinate with the city IT personnel for this evaluation. 10. Refer to attached proposals by Summit and BAI for the MEP engineering and Audio/visual assessments proposed for the project. COFW Fort Worth Convention Center Investigation Proposal Revised August 14, 2015 Page 2 of 2 11. We do not anticipate much needed in the way of structural engineering, and once this area of review is determined, will evaluate the allowance included in this proposal with the work needed. We have included assessment of the structural system for the arena catwalk as a part of this work. DELIVERABLE: Deliverable for this project will be in a report format inclusive of photos, illustration of areas of concern and opinion of probable cost. PROPOSED FEE: Labor We propose to provide our services as identified in this proposal on an hourly basis with the not to exceed amounts as follows: Architectural $49,000.00 MEP Engineering(45,500 x 1.10) $50,050.00 Vertical Transportation (7,200 x 1.10) $ 7,920.00 Roofing (6,080 x 1.10) $ 6,688.00 AudioVisual (15,500 x 1.10) $17,050.00 IT Allowance(2,500 x 1.10) $ 2,750.00 Structural Engineering(6,500 x 1.10) $ 7,150.00 Total Labor Fee $140,608.00 Expenses Reimbursable expenses are not included in our fee and have estimated expenses for this project of$2,000.00. We would have a 5%markup on expenses. PROJECT TEAM: We propose to use Summit Consultants for MEP Engineering, BAI for AudioVisual, SmartCity for IT, Rooftech for roofing, Granzow for vertical transportation and RL Woods for Structural Engineering. All other services will be by Elements. If you have any questions regarding this proposal or need to discuss, please call me. Thank you for this opportunity to provide our services and we look forward to working with you on this project. Sincerely, Debbie Fulwiler, AIA President Debbie Fulwiler From: Russell Granzow <russell.granzow@att.net> Sent: Tuesday, July 21, 2015 6:04 AM To: Debbie Fulwiler Subject: Re: Elevator Consultant Needed - FW Convention Center Assessment Debbie, I had been waiting on a number form a small elevator company to assist in the escalator survey. This week I am at my Mother's house remodeling her bathroom so my access is limited. I did get a price from him yesterday so for me to survey the existing equipment at the Convention Center, prepare a report of conditions and estimate costs for any renovations it will cost $7,200.00. 1 can get you a formal proposal Monday when I get back. Russ On Monday, July 20, 2015 4:09 PM, Debbie Fulwiler<dfulwiler6c�elementsofarc.com>wrote: Russ, Had not seen your proposal, just checking in... Debbie Fulwiler President Elements of Architecture, Inc. 1201 6th Ave., Suite 100 Fort Worth, TX 76104 P 817.333.2880 F 817.333.2883 C 817.475.6465 E dfulwiler(&__elementsofarc.com NOTE NEW ADDRESS, PLEASE UPDATE YOUR RECORDS! Visit Elements of Architecture online @ www.ElementsofArc.com ELEMENTS" cf.'i'trC.t3ltEcturi:'- itit., From: Debbie Fulwiler Sent: Monday, July 13, 2015 5:52 PM To: 'russell.granzow@att.net' Subject: Elevator Consultant Needed - FW Convention Center Assessment Russ, Great to talk to you and thanks for visiting on this Will try to summarize what I need: i ROOFTECH ROOFING SPECIALISTS 1944 Handley Drive,Fort Worth,Texas 76112 (817)496.4631 or Metro 429-8256 Fax 457-9946 PROPOSAL FOR PROFESSIONAL SERVICES July 23, 2015 (Revised) Ms. Debbie Fulwiler President Elements of Architecture 1201 6th Ave., Suite 100 Fort Worth, TX 76104 dfulwiler .elementsofart.com Tel: 817-333-2880 817-475-6465 Project: Roof Assessment @ City of Fort Worth Convention Center (Flat Roofs) Re: Letter of Proposal for Professional Services Dear Ms. Fulwiler: WE PROPOSE TO PROVIDE THE FOLLOWING PROFESSIONAL SERVICES: • Review as-built drawings of the building if available. • Review performance history of the roof with facility maintenance personnel. • View the underside of the roof deck where reasonably accessible. • Visual inspection of the exterior of the building. • Conduct a walkover survey of the roof(s). • Take photographs of notable features on the roof. • Evaluate roof drainage and adequacy of roof drainage devices. • Provide a report documenting the findings. • Recommend appropriate general scope of work with a budget. WE PROPOSE TO PROVIDE THE SCOPE OF WORK DESCRIBED ABOVE FOR THE FOLLOWING FEE SCHEDULE: Work will be provided for a lump sum fee of Two Thousand Seven Hundred Ninety Dollars and No/100's ($2,790.00) including reimbursable expenses. The fee shall be paid based upon completion. PROPOSAL FOR CONSULTING SERVICES PAGE 1 ROOFTECH ADDITIONAL SERVICES If additional services are required, with prior authorization from Owner, the services will be billed on an hourly rate plus reimbursable expenses. See Conditions of the Contract, Section 10 for these rates. Thank you for considering ROOFTECH, and we look forward to working with you in solving your roofing problems. Please read the attached Conditions of the Contract before signing this Proposal. Respectfully Submitted By c_ Shawn Clark Contract Administrator ROOFTECH Accepted this_day of 12015. By: Company: Address: Phone & Fax: PROPOSAL FOR CONSULTING SERVICES PAGE 2 ROOFTECH CONDITIONS OF THE CONTRACT 1. Cost estimates are made on the bases of experience and represent our best estimates. ROOFTECH, cannot, and does not, guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by us. 2. All documents, including Drawings and Specifications, prepared by ROOFTECH are instruments of service in respect to this Project and are not intended, or represented to be suitable for reuse by Owner or others on extensions of the Project or any other project. 3. ROOFTECH, shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). 4. Jobsite observations shall be made as specified within this document. During such observations, ROOFTECH, shall keep the Owner advised as to the progress, shall endeavor to guard Owner against defects and deficiencies in such work, and may disapprove or reject work failing to conform to the Contract Documents. ROOFTECH shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the Contract Documents. 5. ROOFTECH shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees or any other persons (except ROOFTECH's own employees and agents). 6. All claims, counterclaims, disputes, and other matters in question between the parties hereto, arising out of or relating to this Agreement or the breach thereof, may be decided by arbitration, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 7. ALL DEMANDS FOR ARBITRATION AND ALL ANSWERING STATEMENTS THERETO, WHICH INCLUDE ANY MONETARY CLAIM MUST CONTAIN A STATEMENT THAT THE TOTAL SUM OR VALUE IN CONTROVERSY AS ALLEGED BY THE PARTY MAKING SUCH DEMAND OR ANSWERING STATEMENT IS NOT MORE THAN $100,000.00. 8. Below are the costs for our standard reimbursable expenses: Copies/Print(8'/2 x 11) 2.50 per sheet Copies/Print(11 x 17) 5.00 per sheet C.D. 25.00 each USB Flash Drive (2-4g) 25.00 each USB Flash Drive (8-16g) 50.00 each Mylar Sepias 3.25 per square foot Plotting Bond 1.50 per square foot Plotting Vellum 2.00 per square foot Travel Current IRS Mileage Rate Air Fare Direct Cost Parking Direct Cost Taxi Direct Cost Car Rental Direct Cost Hotel Direct Cost Meals Direct Cost Express Mail/Courier Direct Cost Postage Direct Cost Core Repair Direct Cost Outside Consultants/Engineers/Architects Direct Cost Other Outside Services Direct Cost *Direct Cost expenses shall be billed on a cost plus 10% basis. PROPOSAL FOR CONSULTING SERVICES PAGE 3 ROOFTECH 9. The cost of the work provided shall be based upon the following hourly rates: Expert Witness 250.00 dollars per hour Principal Engineer 150.00 dollars per hour Principal Architect 150.00 dollars per hour Sr. Construction Consultant 150.00 dollars per hour Project Manager 150.00 dollars per hour Certified Infrared Thermographer 150.00 dollars per hour Registered Roof Consultant 150.00 dollars per hour Laboratory Technician 125.00 dollars per hour CAD Designer 1 115.00 dollars per hour CAD Designer II 95.00 dollars per hour Contract Administrator 100.00 dollars per hour Registered Roof Observer 75.00 dollars per hour Full-Time Registered Roof Observer 75.00 dollars per hour Clerical/Report Processor 60.00 dollars per hour These rates are based upon 8-hour workdays and 40-hour workweeks, including travel time. Overtime shall be charged in the event that either the 8-hour workday or the 40-hour workweek is exceeded. Overtime shall be charged in the amount of 1.5 times the hourly rate and for services performed on Saturdays. Overtime shall be charged in the amount of 2.0 times the hourly rate for services performed on Sundays and on holidays. A minimum of 4 hours shall be billed for any observation time or consulting works out of the office. LABORATORY SERVICES ASTM D3617 Built-up Roof Test Cut 200.00 dollars per each ASTM D2829 Built-up Roof Test Cut 250.00 dollars per each Modified Desaturation 475.00 dollars per each Infrared Photography/Impedance Testing .06 cents per square foot $2,000 minimum or $150 per hour for a thermographer and camera FM Wind Uplift Testing 250.00 dollars set up and 250.00 dollars per test 750.00 dollars minimum 10. Additional services, beyond the original agreed upon Scope of Work, shall be provided based on the reimbursable expenses and hourly rates provided in Sections 8 and 9 listed above. 11. Invoices shall be submitted monthly, and payment is due 30 days from receipt of the Invoice. The Owner agrees to pay Interest in the amount of 1% per month for all fees, which have not been paid within 30 days from the date of the invoice. 12. This Agreement may be terminated by either Party upon 7 days written notice. The Owner agrees to pay for all Services rendered to the date of termination including all Reimbursable Expenses and Termination Expenses. 13. Severability and Survival: If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if such, invalid, illegal or unenforceable provision had never been contained herein. PROPOSAL FOR CONSULTING SERVICES PAGE 4 ROOFTECH { s v_ w A r 9 y � } f a ff x•11 � � :. �' ROOFTECH ROOFING SPECIALISTS 1944 Handley Drive,Fort Worth,Texas 76112 (817)496-4631 or Metro 429-8256 Fax 457-9946 PROPOSAL FOR PROFESSIONAL SERVICES July 23, 2015 (Revised) Ms. Debbie Fulwiler President Elements of Architecture 1201 6th Ave., Suite 100 Fort Worth, TX 76104 dfulwiler(a)elementsofart.com Tel: 817-333-2880 817-475-6465 Project: Roof Assessment @ City of Fort Worth Convention Center (Dome Roof) Re: Letter of Proposal for Professional Services Dear Ms. Fulwiler: WE PROPOSE TO PROVIDE THE FOLLOWING PROFESSIONAL SERVICES: • Review as-built drawings of the building if available. • Review performance history of the roof with facility maintenance personnel. • View the underside of the roof deck where reasonably accessible. • Visual inspection of the exterior of the building. • Conduct a walkover survey of the roof(s). • Take photographs of notable features on the roof. • Evaluate roof drainage and adequacy of roof drainage devices. • Provide a report documenting the findings. • Recommend appropriate general scope of work with a budget. WE PROPOSE TO PROVIDE THE SCOPE OF WORK DESCRIBED ABOVE FOR THE FOLLOWING FEE SCHEDULE: Work will be provided for a lump sum fee of Three Thousand Two Hundred Ninety Dollars and No/100's ($3,290.00) including reimbursable expenses. The fee shall be paid based upon completion. PROPOSAL FOR CONSULTING SERVICES PAGE 1 ROOFTECH ADDITIONAL SERVICES If additional services are required, with prior authorization from Owner, the services will be billed on an hourly rate plus reimbursable expenses. See Conditions of the Contract, Section 10 for these rates. Thank you for considering ROOFTECH, and we look forward to working with you in solving your roofing problems. Please read the attached Conditions of the Contract before signing this Proposal. Respectfully Submitted By zr'( Shawn Clark Contract Administrator ROOFTECH Accepted this_day of 12015. By: Company: Address: Phone & Fax: PROPOSAL FOR CONSULTING SERVICES PAGE 2 ROOFTECH CONDITIONS OF THE CONTRACT 1. Cost estimates are made on the bases of experience and represent our best estimates. ROOFTECH, cannot, and does not, guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by us. 2. All documents, including Drawings and Specifications, prepared by ROOFTECH are instruments of service in respect to this Project and are not intended, or represented to be suitable for reuse by Owner or others on extensions of the Project or any other project. 3. ROOFTECH, shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). 4. Jobsite observations shall be made as specified within this document. During such observations, ROOFTECH, shall keep the Owner advised as to the progress, shall endeavor to guard Owner against defects and deficiencies in such work, and may disapprove or reject work failing to conform to the Contract Documents. ROOFTECH shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the Contract Documents, 5. ROOFTECH shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees or any other persons (except ROOFTECH's own employees and agents). 6. All claims, counterclaims, disputes, and other matters in question between the parties hereto, arising out of or relating to this Agreement or the breach thereof, may be decided by arbitration, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 7. ALL DEMANDS FOR ARBITRATION AND ALL ANSWERING STATEMENTS THERETO, WHICH INCLUDE ANY MONETARY CLAIM MUST CONTAIN A STATEMENT THAT THE TOTAL SUM OR VALUE IN CONTROVERSY AS ALLEGED BY THE PARTY MAKING SUCH DEMAND OR ANSWERING STATEMENT IS NOT MORE THAN $100,000.00. 8. Below are the costs for our standard reimbursable expenses: Copies/Print(8'/2 x 11) 2.50 per sheet Copies/Print(11 x 17) 5.00 per sheet C.D. 25.00 each USB Flash Drive(2-4g) 25.00 each USB Flash Drive (8-16g) 50.00 each Mylar Sepias 3.25 per square foot Plotting Bond 1.50 per square foot Plotting Vellum 2.00 per square foot Travel Current IRS Mileage Rate Air Fare Direct Cost Parking Direct Cost Taxi Direct Cost Car Rental Direct Cost Hotel Direct Cost Meals Direct Cost Express Mail/Courier Direct Cost Postage Direct Cost Core Repair Direct Cost Outside Consultants/Engineers/Architects Direct Cost Other Outside Services Direct Cost "Direct Cost expenses shall be billed on a cost plus 10% basis. PROPOSAL FOR CONSULTING SERVICES PAGE 3 ROOFTECH 9. The cost of the work provided shall be based upon the following hourly rates: Expert Witness 250.00 dollars per hour Principal Engineer 150.00 dollars per hour Principal Architect 150.00 dollars per hour Sr. Construction Consultant 150.00 dollars per hour Project Manager 150.00 dollars per hour Certified Infrared Thermographer 150.00 dollars per hour Registered Roof Consultant 150.00 dollars per hour Laboratory Technician 125.00 dollars per hour CAD Designer 1 115.00 dollars per hour CAD Designer II 95.00 dollars per hour Contract Administrator 100.00 dollars per hour Registered Roof Observer 75.00 dollars per hour Full-Time Registered Roof Observer 75.00 dollars per hour Clerical/Report Processor 60.00 dollars per hour These rates are based upon 8-hour workdays and 40-hour workweeks, including travel time. Overtime shall be charged in the event that either the 8-hour workday or the 40-hour workweek is exceeded. Overtime shall be charged in the amount of 1.5 times the hourly rate and for services performed on Saturdays. Overtime shall be charged in the amount of 2.0 times the hourly rate for services performed on Sundays and on holidays. A minimum of 4 hours shall be billed for any observation time or consulting works out of the office. LABORATORY SERVICES ASTM D3617 Built-up Roof Test Cut 200.00 dollars per each ASTM D2829 Built-up Roof Test Cut 250.00 dollars per each Modified Desaturation 475.00 dollars per each Infrared Photography/Impedance Testing .06 cents per square foot $2,000 minimum or $150 per hour for a thermographer and camera FM Wind Uplift Testing 250.00 dollars set up and 250.00 dollars per test 750.00 dollars minimum 10. Additional services, beyond the original agreed upon Scope of Work, shall be provided based on the reimbursable expenses and hourly rates provided in Sections 8 and 9 listed above. 11. Invoices shall be submitted monthly, and payment is due 30 days from receipt of the Invoice. The Owner agrees to pay Interest in the amount of 1% per month for all fees, which have not been paid within 30 days from the date of the invoice. 12. This Agreement may be terminated by either Party upon 7 days written notice. The Owner agrees to pay for all Services rendered to the date of termination including all Reimbursable Expenses and Termination Expenses. 13. Severability and Survival: If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if such, invalid, illegal or unenforceable provision had never been contained herein. PROPOSAL FOR CONSULTING SERVICES PAGE 4 ROOFTECH 4 Y p a s , y T r �k 1. r" x, F ( e � 11 summit CONSULTANTS , I N C . October 23, 2012 Debbie Fulwiler Elements of Architecture 500 W. 7 I St., Suite 502 Fort Worth, Texas 76102 Dear Debbie: Summit Consultants, Inc. (Summit) is pleased to submit the following proposal for professional engineering services for a condition assessment survey for the Fort Worth Convention Center in Fort Worth, Texas. It is our understanding that the Fort Worth Convention Center Survey will encompass approximately 660,000 Gross SF and will include the following facility elements: 1. Arena Complex 2. Main Exhibit Hall 3. East Exhibit Hall 4. Kitchen 5. Ball Room 6. Level 1, Mezzanine, and Level 2 Meeting Rooms and Administrative Offices 7. All Storage and Catering functions 8. Roof Equipment 9. Central Utility Plant We estimate the on-site survey work will take up to 3 weeks to complete SCOPE OF BASIC SERVICES: 1. Summit will conduct site surveys of the existing MEP, fire protection, building automation and IT systems infrastructure of the Fort Worth Convention Center. The site surveys will document through notes and photographs the existing MEP systems conditions and capacities. Summit will provide a written report of the site survey results. 2. Summit will provide recommendations for improvements to MEP, fire protection, building automation and IT systems to the facility. Summit will prioritize the urgency of recommended improvements with respect to City of Fort Worth guidelines for prioritization. It is understood that deficiencies or improvements will be categorized within 3 general timeframes for urgency: a) immediate need, b) within 5 years, c) within 10 years 3. Summit will prepare an opinion of probable construction cost for the MEP, fire protection, building automation and IT systems work that is recommended. Debbie Fulwiler October 23, 2012 Page 2 ARCHITECT RESPONSIBILITIES: Architect will provide the following information in a timely manner so as not to delay the services of Summit Consultants, Inc.: 1. Document format template 2. Schedule of deliverables COMPENSATION: Summit Consultants, Inc. proposes to perform the services described in the above Scope of Services for the following stipulated sum: Basic Services : $45,500.00 If work outside or beyond the above scope is required and approved by the Architect, those services shall be considered to be additional services. Statements for services shall be submitted monthly. TERMS: We propose to furnish our services as described herein in accordance with Attachment A, "Terms and Conditions for Professional Services", dated October 14, 2003. We appreciate this opportunity to provide you with our services and look forward to continue working with you. If additional information or clarification is needed, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Sincerely, SUMMIT CONSULTANTS, INC. Garrett S.Brown,P.E. Principal ELEMENTS OF ARCHITECTURE, INC. By: Title: Date: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/15/2015 - Ordinance No. 21884-09-2015 DATE: Tuesday, September 15, 2015 REFERENCE NO.: **C-27448 LOG NAME: 25FWCCASSESSMENT2015 SUBJECT: Authorize Execution of a Professional Services Agreement with Elements of Architecture, Inc., in an Amount Not to Exceed $140,608.00 Plus Up to $2,000.00 in Reimbursable Expenses to Provide a Review and Analysis of Existing Conditions of the Fort Worth Convention Center, Authorize Transfer of Funds and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer in the amount of$142,608.00 from the Culture and Tourism Fund to the Culture and Tourism Capital Fund; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriation in the Culture and Tourism Capital Fund in the amount of$142,608.00 from available funds; and 3. Authorized execution of a Professional Services Agreement with Elements of Architecture, Inc., in an amount not to exceed $140,608.00 plus up to $2,000.00 in reimbursable expenses to provide a review and analysis of existing conditions of the Fort Worth Convention Center. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to recommend that Elements of Architecture, Inc., conduct an architectural study and analysis of the Fort Worth Convention Center (FWCC) facility. The architectural study will review the FWCC's existing site conditions, including life safety, structural, electrical, and HVAC systems, as well as the overall general condition of existing facility fixtures, finishes, materials, and site accessibility. Further, the study will examine all visible conditions as well as those noted by Staff and documented in maintenance records. The study's analysis will be presented in report format and include recommendations, photos, illustrations of areas of concern, and estimates of probable remediation costs. Elements of Architecture, Inc., is in compliance with the City's BDE Ordinance by committing to 37 percent SBE participation on this project. The City's goal for this project is 18 percent. Additionally, Elements of Architecture, Inc., is a certified M/WBE firm. The project is located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The FY2015 operating budget of the Culture and Tourism Fund, FWCC/WRMC Maintenance and Improvements Division, includes appropriations of$1,000,000.00 in the Facility Maintenance by Outside Logname: 25FWCCASSESSMENT2015 Page 1 of 2 Vendors account. As of August 24, 2015, the amount of$335,888.00 of those funds has been expended. The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Culture and Tourism Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2) C302 476004 240000400615 $142,608.00 1) GG04 536040 0240600 $142,608.00 2) C302 531200 240000400615 $142,608.00 3) C302 531200 240000400615 $142,608.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: James Horner (2505) ATTACHMENTS 1. 25FWCCASSESSMENT2015 C302 AO15 (2).docx (Public) 2. Elements of Architecture EPLS.pdf (CFW Internal) 3. GG04 531200-0240600.pdf (CFW Internal) 4. Revised SBE Compliance Memo.pdf (CFW Internal) Logname: 25FWCCASSESSMENT2015 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 21 L 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-10646 Elements Of Architecture, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/09/2016 being filed. City of Fort Worth Date Acknowled ed: .Z _ 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. PMD2016-01 FWCC Assessment 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Fulwiler, Deborah Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of that the above disclosure is true and correct. aExpires Tara S. Wee , Nuf.r> Public.%tote nrTe%sb 09-21-201 T1 Sig f authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworto and subscribed before me,by the said 54ASA �/1r this the day of 20 ,to certify which,witness my hand and seal of office. -iaro, Signature of officer administering oath Printed name of officer administering oath Title of officer a ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944