HomeMy WebLinkAboutContract 49246 X112
CITY SECRETARY
'�, CONTRACT NO. L C Z�
PROFESSIONAL SERVICES AGREEMENT
ELEMENTS OFARCHITECTURE,INC.
ROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by
and etween the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by
and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Elements of Architecture,Inc.
("Consultant"), a Texas corporation, and acting by and through Debbie Fulwiler,AIA its duly authorized
President, each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following: OFFICIAL RECORD
1. This Professional Services Agreement; CITY'SECRETARY
2. Exhibit A—Proposal for A/E Services,dated December 16,2016; �� bVORTN,TX
3. Exhibit B—Verification of Signature Authority Form.
Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B and the terms
and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall
control.
1. SCOPE OF SERVICES.
Architectural and Engineering Services associated with review and analysis of existing conditions
for the Fort Worth Botanic Gardens Center.
2. TERM.
This Agreement shall be complete within 120 calendar days, unless terminated earlier in
accordance with this Agreement("Initial Term").
3. COMPENSATION.
City shall pay Consultant in accordance with the fee schedule of Consultant personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "A," —
Scope of Services. Total payment made under this Agreement for the first year by City shall be in the
amount of three hundred fifty thousand and 00/100 Dollars($350,000.00). Consultant shall not perform
any additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Consultant not specified by this Agreement unless City first approves such expenses
in writing.
4. TERMINATION.
4.1. Written Notice. City or Consultant may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify Consultant of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of
termination and Consultant shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, Consultant shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Consultant has received access to City Information or data as
a requirement to perform services hereunder, Consultant shall return all City provided data to City in a
machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that Consultant has made full
disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Consultant hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City("City Information")as confidential and shall
not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Consultant 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. Consultant shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Consultant
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that City shall, until the expiration of three (3)years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents,papers and records,
including, but not limited to, all electronic records, of Consultant involving transactions relating to this
Agreement at no additional cost to City. Consultant agrees that City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.City shall give Consultant
reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent contractor as
to all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Consultant shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subconsultants. Consultant acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees,
servants, Consultants and subconsultants. Consultant further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that
City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers,agents,
servants, employees or subconsultant of Consultant. Neither Consultant, nor any officers, agents, servants,
employees or subconsultant of Consultant shall be entitled to any employment benefits from City.
Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subconsultant.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS,AGENTS,SER VANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, AND HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJUR Y,INCL UDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS,
AGENTS,SER VANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Consultant agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Consultant bears the cost and expense of payment for claims or actions
against City pursuant to this section, Consultant shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however,City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Consultant in doing so.In the event City,for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Consultant shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Consultant timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Consultant's duty to indemnify City under this
Agreement.If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially
adversely restricted, Consultant shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the software and/or documentation; or(c) replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non-infringing software and/or documentation at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Consultant terminate this Agreement, and refund
all amounts paid to Consultant by City, subsequent to which termination City may seek any and all
remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Consultant shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Consultant under which the
assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. Consultant
and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Consultant shall execute a written
agreement with Consultant referencing this Agreement under which sub Consultant shall agree to be bound
by the duties and obligations of Consultant under this Agreement as such duties and obligations may apply.
Consultant shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide City with certificate(s)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
(d) Professional Liability(Errors &Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear. The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten(10)days' notice shall be acceptable in the
event of non-payment of premium. Notice shall be sent to the Risk Manager, City
of Fort Worth,200 Texas Street, Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M.Best Key Rating Guide, or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations. If City notifies Consultant of any violation of such laws,ordinances,rules
or regulations, Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subconsultants and successors in
interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONSULTANT, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONSULTANTSS OR SUCCESSORS IN
INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To CONSULTANT:
City of Fort Worth Elements of Architecture, Inc.
Attn: Jesus J. Chapa,Assistant City Manager Debbie Fulwiler AIA, President
200 Texas Street 1201 6t'Ave., Suite 100
Fort Worth, TX 76102-6314 Fort Worth, Texas 76104
Facsimile: (817) 392-8654 Facsimile: (817)333.2883
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Consultant shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
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.
17. 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 pursuant to 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.
18. 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.
19. 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, 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.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Consultant, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. 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 one and the same
instrument.
25. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)
days from the date that the services are completed. In such event, at Consultant's option, Consultant shall
either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with
the warranty,or(b)refund the fees paid by City to Consultant for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility,employment verification,and nondiscrimination.Consultant shall verify
the identity and employment eligibility of all employees who perform work under this Agreement.
Consultant shall complete the Employment Eligibility Verification Form(I-9), maintain photocopies of all
supporting employment eligibility and identity documentation for all employees,and upon request,provide
City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Consultant shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such services.Consultant
shall provide City with a certification letter that it has complied with the verification requirements required
by this Agreement.Consultant shall indemnify City from any penalties or liabilities due to violations of this
provision.City shall have the right to immediately terminate this Agreement for violations of this provision
by Consultant.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority 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.This Agreement and any amendment hereto,
may be executed by any authorized representative of Consultant whose name,title and signature is affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Consultant shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Consultant or
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change,copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of Mm-eh;2017.
J 4�vt
(signature page follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
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
By.
Jesus J. Chapa reporting requirements.
Assistant City Manager .GAAP f
/
Date: '7 13 / t7 BY
Brian R. Glass,AIA
APPROVAL RECOMMENDED: Architectural Services Manager
APPROVED AS TO FORM AND LEGALITY:
By: ;( t L 64— 1 Z?/�
Steve ooke By: .� .
Director, Property Management J n B. trong
ATTEST: Assistant City- orney
CONTRACT AUTHORI?ATION•
By. M&C:
a J. e Q RT
City Secretty
CONSULTANT:
AS
Elemrents oJ'Architecture,In ��. .. ATTEST:
n
By: By:
Deb Ful ' er, AIA Name:
Presid nt Title:
Date:
The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758,
telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law,
Texas Civil Statutes, Article 249a. u
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Attachment "A"
1201 61h Ave,Suite 100
Fort Worth,Texas 76104
Phone 817.333.2880
Cof�
EMENTS Fax 817.333.2883
chitecture, Inc.
Fort Worth Botanic Gardens
Investigation of Conditions
Scope Of Services
We have defined our scope of services for our team as follows:
Buildings Conditions (includes all structures and greenhouses)
1. Review of accessibility as it relates to current Texas Accessibility Standards as well as potential for safe
harbor options.
2. General conditions of materials and impact to the building and users.
3. Life Safety concems and building code issues as they relate to the entire building and site surrounding.
4. Review existing structural systems for exposed to view framing to include structural steel, concrete,
masonry and wood. From the walk-through type observation, with limited documentation, intended
only to identify any areas of concern that may warrant a more thorough investigation.When we
observe deterioration or distress, we will identify these areas or portions of the building that may
require additional evaluation.
5. Conditions of existing roofs and associated systems. Review performance history of the roof with staff
and visual observe the exterior for conditions and drainage. Observation will include a walkover
survey of the roofs.
6. Review of existing building HVAC and mechanical systems for age, functionality and any deficiencies
for the intended use.
7. Review of existing fire protection and fire alarm systems for life safety compliance and workability.
8. Review of electrical systems and identify any deficiencies within this system that can be observed.
9. Review of existing plumbing fixtures and systems for deficiencies and functionality.
Site Conditions
10. Review of accessibility at it relates to current Texas Accessibility Standards as well as potential for safe
harbor options.
11. Review of pedestrian access through the entire gardens and as noted for pathways for maneuverability
and access. This will include public and staffing access as determined by areas.
12. Review of vehicular access through the entire gardens and as noted for path and roads for
maneuverability and access. This will include public and staffing access as determined by areas.
13. Observe drainage throughout the gardens and note any recommendation for Floodplain remediation or
drainage solutions.
14. Review of existing fountains, pools, and irrigation system for efficiency of use and recommended
repairs to the systems
15. Review of fencing and wall conditions within the facility.
Platting
16. Determine what areas of the Botanic Garden is final platted with the City of Fort Worth and Tarrant
County.
General Scope and Deliverables
17. Meet with the users of the buildings as each site observation to being done to understand any
concerns that the users have with the building or the spaces.
18. Each discipline will develop their work in three sections(1) summary of existing conditions; (2)
deficiencies found; and (3) costs associated with correction of deficiencies.
19. Develop information for one cohesive report of findings and recommendations identified by building
and structures.
20. If needed to communicate recommendations, sketches maybe provided if needed.
21. Meet with the city and users at various phases of the project to report on progress and address any
questions from the city or the assessment team.
22. Provide preliminary of the report for review by the city prior to finalizing the report.
23. Final report upon approved direction from the city.
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant. I
1. A- tS
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2. Name:
Position:
Signature
3. Name:
Position:
Signature
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Other Title:
Date:
M&C Review Page lof2
Official site ofthe City ofFort Worth,Texas
CrryCOUNCIK AGENDA FORTIVORTH
COUNCIL ACTION: Approved on 2/21/2017
REFERENCE 21BOTANIC GARDEN
2/21/2017NO.:��TE� �1/2O17 [-28127 U0C� NAK8E'. ASGEGGK8ENTOFEXISTING
.
— FACILITIES
NOW PUBLIC
C0[]E' (� TYPE: NO
' ' CONSENT HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with Elements of Architecture,
Inc., in the Amount of$350,000.00, to Conduct an Assessment of Facility Conditions at the
Fort Worth Botanic Garden (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services
Agreement with Elements of Architecture, Inc., in the amount of$350,000.00 to conduct an
assessment ofthe facility conditions otthe Fort Worth Botanic Garden.
DISCUSSION:
The Fort Worth Botanic Garden was established in 1934 and iathe oldest botanic garden in
Texas. Over the last 83 years the Botanic Garden has grown to approximately 109 acres and has 21
specialty gardens, over 40 buildings, pavilions, water features and miles of roads and trails. Anlooter
plan was prepared in 2010 recommending the establishment of certain cononniMaeo and objectives for
the Botanic Garden. The purpose of this Mayor and Council Communication (M&C) is to authorize
the execution of Professional Services Agreement with Elements of Architecture, Inc., in the
amount of$35U.00O.00for oFacilities Assessment Report toreview the observable conditions oo
well oareview ongoing maintenance issues for major fociiiUeaonde\enlentoofthegordeno. This
assessment will include review of accessibility, general conditions of materials and impacts to the
buildings and their users, life aofeh/ concerns as well as general structural, e\actrico\. HVAC.
plumbing and roofing conditions.
Elements of Architecture, Inc., ioone offive architectural firms selected through oconlpedtive
Architectural Design Agreement selection process.
K8/VVBE OFFICE - Elements ofArchitecture, Inc., is in compliance with the City's BIDE Ordinance by
committing to 24 percent SBE participation. The City's SBE goal on this project is 20 percent.
Additiono||y. Elements of Architecture, Inc., is certified K8/VVBEfirm.
The project is physically located in COUNCIL DISTRICT 7, but will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
FISCAL .
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the Property Management Department and that prior to an expenditure being made,
the Property Management Department has the responsibility to validate the availability of funds
without exceeding existing appropriations.
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M&C Review Page 2 of 2
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
Elements of Architecture Form 1295.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24223&councildate=2/21/2017 6/27/2017
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
101`1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it 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. 2017-159358
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 01/27/2017
being filed.
City of Fort Worth Date Acknowledged:
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 services,goods,or other property to be provided under the contract.
Botanic Gardens
Architectural and Engineering Services for Assessment of Facilities
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I 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 perjury,that the above disclosure is true and correct.
KELLIE MICHELLE LEE
4`INotary Public,State of Texas \
,t »= My Commission Expires
October 16, 2018
Signature o7-authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
1
Sworn to and subscribed before me,by the said �OtG� �FU 1 LV%1"C r this the day of ,
201- t-7 ,to certify which,witness my hand and seal of office.
p
X
a & W N
Signature of officer administering oath Printed name of officer administering oath Tide of office adrninistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277