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HomeMy WebLinkAboutContract 52577 234S FiECEIVED CITY SECRETARY CONTRACT NO. t) JUL 2 "; 2019 clrro=FORT ARY CIiY SECRETARY CITY OF FORT WORTH, TEXAS 4a AGREEMENT FOR ARCHITECTURAL SERVICES NORTHWEST COMMUNITY CENTER This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Brinkley Sargent Wiginton, Inc., authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as: Northwest Community Center. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment"A"—Scope of Services; 3. Attachment"B"—Verification of Signature Authority Form. Attachments "A" and "B", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. a Article I Scope of Service i (1) Architect hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Northwest Community Center. Nothing in Attachment "A" or any other Attachments to this Agreement shall be construed to change or modify any of the terms and conditions set forth in this Agreement. (2) If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of j this Agreement, the Architect shall submit a proposal for additional fees and a i written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. j The Architect shall not perform any additional services without a written agreement with the City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. (3) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Architect or its sub-consultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Standard Architectural Agreement 7/1/2019 1 CITY SECRETARY FT. WORTHS TX Architect shall not be compensated for any alleged additional work resulting from oral orders of any person. (4) The Architect shall advise the City as to the necessity of the City's providing or obtaining additional services and data from others required in connection with the Project at the City's cost and expense (which services and data the Architect is not to provide hereunder but on which the Architect may rely in performing services hereunder), and act as the City's representative in connection with any such services of others. (5) The Construction Budget for this project shall be $6,800,000.00. Article II Compensation (1) The Architect shall be compensated (Fee and Reimbursable Expenses) in accordance with the Fee Schedule shown in section (3) of this article. As described in Attachment "A". However the total fee paid by the City shall not exceed a total of $96,750.00 (phase one) unless the City and the Architect mutually agree upon a fee amount for additional services and amend this Agreement accordingly. (2) Acceptance by Architect of said payment shall operate as and shall release the city from all claims or liabilities under this Agreement for payment for the services rendered and billed for which such payment is made, it being understood that pending claims for additional compensation properly made by the Architect pursuant to Article I shall not be encompassed by such release. (3) The Architect shall be paid the following percentages of the total fee at the following stages of the Project: a. Completion of Programming and Schematic Design and Opinion of Probable Construction Cost 20% b. Completion of Design Development and Opinion of Probable Construction Cost 40% c. Completion of Construction Documents and Opinion of Probable Construction Cost 75% d. Action by City Council to accept bids 80% e. Final acceptance of the Project by the City 100% Standard Architectural Agreement 7/1/2019 2 However the total fee paid by the City shall not exceed a total as defined in Article II, Compensation. (4) Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: a. Printing Costs b. Renderings or Models for Public and City meetings c. Postage and Courier Expenses d. Travel, Mileage Only e. Other Costs with Prior Approval of the City. (5) The Architect 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 Architect's invoice for payment of same. (6)Acceptance by Architect 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. (7) Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the «Designer' of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third-party evaluation firm (and its licensed inspector) reasonable access to perform a one- time, on-sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30- months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. In the event construction services extends beyond the 18 months, an equitable adjustment to the Architectural Services Contract Sum will be made by Amendment. Standard Architectural Agreement 7/1/2019 3 Article IV Independent Contractor Architect shall operate hereunder as'an independent contractor, and not as an officer, agent, servant, or employee of the City. Architect 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 Architect, its officers, agents, employees, consultant, and sub-consultants, and nothing herein shall be construed as creating a partnership or joint venture between City and Architect. Article V Professional Competence and Indemnification (1) Work performed by Architect 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 Architect or its officers, agents, employees, consultants and sub- consultants for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Architect 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 consultant or sub-consultant committed by the Architect or Architects agent, Architect under contract, or another entity over which the Architect's exercises control. Article VI Procedures for Providing Architectural Services (1) The Architect agrees to commit the personnel to each assignment of the Project as appropriate in order to complete the Project in an expeditious manner. The Architect shall meet with the City's staff as required during the duration of the project. The Architect will assign the following key personnel to this Project: Principal in Charge: Dwayne Brinkley Project Manager: Stephen Springs Project Architect: Carlos Guerra Standard Architectural Agreement 7/1/2019 4 i i The Architect may not change key personnel without the City's written approval. i (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. f b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. i t c. The Architect shall become familiar with the City's document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into all phases of the work. F d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. f. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. I 4 (3) Design Phase: a. The Architect shall perform all services necessary to complete the design and secure a construction permit, including all services necessary to survey, plat, prepare and vacate easements and address any other property issues. j b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. d. The Architect shall prepare the design in two stages as follows: E i. Design Development Phase: Preparation of architectural, civil, iSWM, structural, MEP plans, principal elevations, site plans, cartoon set, selection of principal equipment and finishes, and discipline-based opinion of probable construction costs. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase. ii. Construction Document Phase: Preparation of details, architectural, ` structural, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed opinion of probable construction costs. r Standard Architectural Agreement 7/1/2019 5 i e. Drawings at all stages of design will have the following characteristics: scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, site plans for all disciplines will be at same scale. f. The Architect shall provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. The City or contractor shall apply for building permits. g. The Architect, at the Architect's sole cost and expense, shall engage a Consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation (TDLR). The Architect (if required) will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes. h. In the event the Project is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Texas Accessibility Standards, the City will bear the construction costs associated with enhancements. The Architect will reimburse the City for additional costs, charges or fees to replace or rework features that were constructed in accordance with the design but fail to meet applicable accessibility requirements or building codes in force at the time that the design was performed. i. The Architect shall upload the electronic files in PDF format to the City's online bidding site (Autodesk Buzzsaw). (4) Bidding Phase: a. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre-Proposal Conference, and participate in the General Contractor selection process. b. Following bidding, the Architect shall investigate the qualifications of up to five (5) bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the Contract. (5) Responsibility for Construction Cost a. The Construction Budget for the Project shall be defined by the City. b. The Architect shall provide to the City an opinion of probable construction cost at the submission of each phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously approved Standard Architectural Agreement 7/1/2019 6 Construction Budget. c. If the Construction Budget is exceeded by the lowest bona fide bid, the City may (1) award the contract, (2) abandon the project and terminate this agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project, the City may terminate this Agreement in accordance with Article X, Termination of Contract. (6) Construction Phase: a. The Architect shall assist the City with review and approval of submittals and proposed change orders concerning the Contractor, and shall review and advise the City with respect to the resolution of construction issues, including Contractor Request for Information, Submittals, Change Orders, Contingency Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed,will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive of continuous on-site inspection to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the city reasonably informed about the progress and quality of the portion of the Work Completed and make written report to the City (1) known deficiencies from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. b. The Architect shall attend progress meeting at the job site. c. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. d. The Architect will review contractor's pay requests. e. The Architect will conduct final acceptance and end of warranty inspections with representatives of the City and issue AIA G704 Certificate of Substantial Completion with City approval. f. The Architect shall provide electronic copies of the drawings and specifications in a format acceptable to the Contractor for the Contractor's preparation of "Record Drawings"for the City's archives. g. At the end of the project, the Architect use field notes, contractor provided "Record Drawings" and other data will provide "As Built Drawings" in AutoCAD LT 2010 format or other format as determined by the City. Standard Architectural Agreement 7/1/2019 7 (7) All designs, drawings, specifications, documents, and other work products of the - Architect, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect will be at the City's sole risk. The City shall own the final designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. Article VII City Responsibilities (1) Ronnie Clements will act as the City's representative with respect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the Architect's services. (2) Provide criteria and information as to City's requirements. (3) Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. (4) Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. (5) Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. (6) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. (7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling the Project construction contract documents. (8) Prepare easements and right-of-way acquisition conveyance documents, from descriptions provided by the Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. (9) Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. (10) Administer the construction of the Project. Standard Architectural Agreement 7/1/2019 8 (11) Provide inspection and management services. (12) Provide contractors' prepared field drawings to the Architect for review. (13) Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. (14) Bear all costs incident to compliance with this Article. Article Vill Insurance (1) Architect 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 Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate limit Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease-each employee Professional Liability Insurance $1,000,000 Errors &Omissions $2,000,000 Annual Aggregate (2)Additional Insurance Requirements a. Except for employer's liability insurance coverage under Architect's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Architect's insurance policies. Standard Architectural Agreement 7/1/2019 9 z b. Certificates of insurance shall be delivered to the Property Management Department, Attention: Brian R. Glass, AIA, Architectural Services Manager, 401 West 13th Street, Fort Worth, Texas 76102, 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 j 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, i 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. t Workers' compensation insurance olio s covering employees em to employed on g� p P Y� ) 9pY , 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 Architect's insurance. i. Architect'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, Architect shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence f which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Architect's liability shall not be limited to the specified amounts of insurance i required herein. I. Upon the request of City, Architect shall provide complete copies of all insurance policies required by these Agreement documents. Standard Architectural Agreement 7/1/2019 10 I Article IX Transfer or Assignment City and Architect each bind themselves, and their lawful successors and assigns, to this Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article X Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days written notice. Either the City or the Architect 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 IX, upon receipt of notice of termination, Architect shall discontinue services rendered up to the date of such termination and City shall compensate Architect based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, Architects, or contractors, or prepared by Architect, 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 XI Right to Audit (1) Architect 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 Architect involving transactions relating to this Agreement. Architect 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 Architect reasonable advance notice of intended audits. (2) Architect 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 Standard Architectural Agreement 7/1/2019 11 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 Architect and any sub-consultant reasonable advance notice of intended audit. (3)Architect and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Architect for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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. Architect 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 Architect may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. Article XIII Observe and Comply Architect 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. Architect 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 XIV Venue and Jurisdiction Standard Architectural Agreement 7/1/2019 12 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 XV Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XVI 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 XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to Standard Architectural Agreement 7/1/2019 13 immediately terminate this Agreement for violations of this provision by Vendor. Ar tiGle-XVIII House Sol!89 . Article XIX 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: Property Management Department Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13'h Street Fort Worth, Texas 76103 Architect: Brinkley Sargent Wiginton, Inc. Attn: Dwayne Brinkley 5000 Quorum, Suite 600 Dallas, Texas 75234 Article XX 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. Standard Architectural Agreement 7/1/2019 14 Article XXi 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 day of2019. BY: BY: CITY OF FORT---ORTH ARCHITECT 77f Brinkley Sar17 igi I Inc. Kevin Gunn Step pring Interim��Assistant City Manager Senior Principal Date: 7 Z -7,)l Date: AP EC MENDED: og r na s Interim Director ropert M gement Department APPROVED AS TO FORM AND M&C No.: n/a LEGALITY. By: M&C Date: n/a ohn 6. Stron Assistant City Attor pF FORT ATT U Mary J.'Kay r City Secretary CONTRACT COMPLIANCE MANAGER: By si rung t acknowledge that 1 am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: �. �• G /nI�1') Brian R.Glass,AIA Architectural Services Manager 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. Standard Architectural Agreement 7/1/2019 15 OFFICIAL RECORD Cj-rLf SEC"RETARY ATTACHMENT"A" Attachment "A" is typically a document provided by the Architect spelling out his understanding of the scope, his approach and his proposed schedule and fees. Standard Architectural Agreement 7/1/2019 1 BRINKLEY SARGENT WIGINTON FT. WORTH NORTHWEST COMMUNITY CENTER PROPOSAL FOR ARCHTECTURAL I ENGINEERING SERVICES JUNE 26,2019 SERVICE DESCRIPTION: This proposal was developed to clarify the current unknown budget impact of extending roadways and utilities to the site for the new Northwest Community Center. This two phase approach will help identify the site development budget which will then define the building budget. PHASE.ONE: Phase One will include the following: A. Develop two(2)conceptual site plans in different areas of the park.This will include orientation of parking, building and define extent of roadway required for these two sites. B. Develop a Space Program for the new center that would define activities and spaces required to accommodate those activities. This would be quantified in square footages. During the course of developing the program consultants will conduct a public input meeting with residents in that area of city. C. Develop a schematic layout of utility extensions to selected sites. D. Determine extent of storm water management required for this development. E. Perform an on-the-ground jurisdictional detertinination to identify the limits of waters of the United States including wetlands. F. Develop conceptual cost estimates for all site related costs for the two conceptual site plans. PHASE TWO: Phase Two building budgets and professional fees will be developed following a more clearly defined project budget which is a product of Phase One services. Services will include all architectural and engineering fees to design and provide construction administration for this new NW Community Center. www.BS W-Architects.c om Waco Dallas Austin 900 Washington Avenue,Suite 502 5000 Quorum,Suite 600 611 S.Congress Avenue,Suite 225 Dallas,Texas 75234 Dallas,Texas 75234 Austin,Texas 78704 T 254,722.5988 T972.960.9700 T512.610.4700 EXHIBIT A FT. WORTH NORTHWEST COMMUNITY CENTER SPECIAL TERMS AND CONDITIONS SCOPE OF SERVICES The Architect will perform the following services as defined in Ft. Woilh's Standard Architectural/Owner Agreement PHASE ONE PROGRAMMING SITE ENGI1-ERING AND SITE,STUDY DUE DILIGENCE BUDGETING PHASE TWO PROJECT ADMINISTRATION SERVICES Evaluation of Project Budget Schedule Development&Monitoring Preliminary Estimate of Cost of the Work Owner-Supplied Data Coordination Value Analysis Agency Consulting as Required DESIGN SERVICES Programming Architectural Design Structural Design Mechanical Design Electrical Design Interior Material Selections Landscape Design Civil Design CONSTRUCTION PROCUREMENT SERVICES Bidding/Proposal Documents Bidding/Negotiation Addenda Analysis of Alternates/Substitutions Pre-Bid Conference/Selection Interviews Bidding/Negotiation Bid/Proposal Evaluation Ft.Worth Northwest Community Center Exhibit A,Page 1 of 2 i CONTRACT ADMINISTRATION General Administration Submittal Services Site Visitation Payment Certification Supplemental Documentation Administration of Changes in the Work Interpretations Project Close-Out Ft.Worth Northwest Community Center Exhibit A,Page 2 of 2 ■00 ����� Mr.Stephen Springs was BM_Vchitects June 11,2019 EX111I31T 13 -ENGINEER SCOPE OF SERVICES page 2 1. SURVEYING SERVICES A. Project Survey Control 1. Establish control points for topographic survey and boundary survey work. I Iorizontal control will be state plane. Vertical control will be based on a City of Fort Worth Benchmark. B. Boundary SurveT 1. The overall tract for the NW Conununity Park is approximately 247-acres. The proposed community center will be located near the south or southeast corner for the 247-acre tract. Halff will establish the boundary for the eastern and southern property boundary. C. T000gophicic_Verification 1. During the Schematic Design Phase I Ialff will use the 2-ft contours from the City of Fort Worth's 2009 or 2015 topographic surveys. I ialff will establish control based on the City of Fort Worth Benchmarks and then spot check the 2-ft topographic survey in the project area to verify the 2-ft elevations. II. SCHEMATIC DESIGN PHASE The following scope of work is included in the schematic design phase: A. Data Collection—Obtain record drawings for adjacent developments,existing utilities(water, sewer,and storm sewer),FM 156 Improvements Construction Plans,drainage studies\models for Big Fossil Creek,Big Fossil Creek'Tributary 4,and Robertson Branch and other pertain information for the analysis and design of the project. B. Site Schematic Desitrn—Prepare two (2) conceptual site plans for the community center. 1. Conceptual site plans will include the following elements: a. Building Layout(provided by BSW Architects) b. Parking Lot C. Driveway to the community center 2. Includes one (1)public meeting to inform public of site plan. C. Site Schematic Utility Layout 1. Utilities to community center including water,sanitary sewer,and storm water. 2. Location of existing franchise utilities. We will check for availability of gas,electric,and telecommunication companies to the site and get a letter of serviceability from these companies. on*>• HALFF �lr.Stephen Springs 13SW Architects June 11,2019 Page 3 D. Stormwatcr Management Plan l. Determine the stormwatcr requirements for the site. Halff will meet with City drainage staff to determine what storm water requirements will be required for the proposed community center site. Storm water requirements could include detention, dam break analysis, floodplain modeling (fully developed conditions), and FLMA Floodplain permitting(CLOMR,LOMR,etc) 2. This task does not include performing a downstream assessment,flood development plan, modeling or studies. 3. Review the existing drainage patterns on the site and identify the receiving storm drain system or creek. E. PrelirninaLI Waters of the U.S.Determination There are two (2) creeks (Big Fossil Creek and Robertson Bunch) through the project area that could be impacted by the proposed project improvements. The project area for the wetland delineation includes: 1) Dig Fossil Creek from FM 156 (Blue Mound Road) to the downstream of the existing Loughridge Lake and 2) the portion of Robertson Branch within the Northwest Community Park. The U.S.Army Corps of Engineers(USACE)regulates,under the authority of Section 404 of the Clean Water Act (Section 404), the placement of fill material into waters of the United States and special aquatic sites that include wetlands. The USAGE utilizes nationwide permits to authorize categories of activities that result in only minimal adverse impacts to waters of the United States. Demonstrating compliance with Section 404 requires a verification of the regulated limits of waters of the United States, and a determination as to what regulated activities will occur in waters of the United States. 1. Jurisdictional Determination/Delineation: IIalff will perform an on-the-ground jurisdictional determination to identify the limits of waters of the United States,including wetlands. The jurisdictional determination will delineate the limits of the Big Fossil Creek and Robertson Branch on the basis of ordinary high water mark limits. Limits of the ordinary high water mark will be located by an individual trained in delineating waters of the United States. Limits of waters of the United States will be measured as part of the survey tasks identified herein so as to provide the most accurate vertical and horizontal representation of the regulated limits. Halff will conduct an investigation of overbank areas and take on-site photography to document the presence or absence of wcdand in the vicinity of the crossings. A summary report will be prepared describing the methodology and results of the investigation, so that the report may satisfy the jurisdictional determination requirement for an anticipated nationwide permit pre- construction notification(PCN). 2. Section 404 Permitting Assessment:Because the project may only entail road crossings of the mentioned streams, it is anticipated that the project may be permitted under Nationwide Permit 14—Linear Tivnspoifadon Projects(NWP 14) without d-le need for pre- construction notification (PCN) to the IJSACR. Halff will prepare a memorandum ��� HALFF' N •Srcphen Springs BS\C'Architects June 11,2019 Page 4 documenting the project footprint in relation to the verified limits of waters of the United States and evaluate whether the project mects NWP 14 criteria and other applicable general conditions. Submittal of a PCN to receive written verification from the USACE is not included in in this task. Should the permitting assessment document the need for a PCN, or should other non-transportation related activities require a PCN under another applicable nationwide permit,an additional scope of work will be submitted. The findings from the jurisdictional determination task will be incorporated by attachment as required accordance with the nationwide permit PCN general condition. F. Cost Estimate 1. Prepare a cost estimate for the two(2) conceptual site plans. 2. Cost estimates would include site construction costs,design fees,contingency fee,inflation (if applicable), and other anticipated project costs. BSW Architects would prrnride the building construction costs. MEN Mr.Stephen Springs �IALFF BSW architects June 11,2019 Page 5 FEE SUMMARY PROFESSIONAL SERVICE FEE SUMMARY PROJECT PHASES AND TASKS PHASE 1 I. SURVEYING SERVICES A Project Survey Control $ 4,000.00 B Boundary Survey $ 8,000.00 C Topographic Verification $ 3,000.00 SUB-TOTAL(Lump Sum Fee) $ 15,000.00 II. SCHEMATIC DESIGN A Data Collection $ 5,000.00 B Site Schematic Design $ 20,000.00 C Site Schematic Utility Layout $ 8,000.00 D Storm Water Management Plan $ 5,000.00 E Preliminary Waters of the U.S.Determination $ 8,000.00 F Cost Estimate $ 2,500.00 SUB-TOTAL(Lump Sum Fee) $ 48,500.00 SUBTOTAL LUMP SUM FEES $ 63,500.00 DIRECT COSTS $ 500.00 TOTAL FEE $ 64,000.00 All fees are lump sum and will be billed monthly based on percent of work complete. Direct Costs, Sub-Consultants and Reimbursables will be charged at a 1.1 multiplier. Hourly costs will be 2.3 x Labor Rate. Unless otherwise stated,fees quoted in this proposal exclude state and federal sales taxes on professional services. Current Texas law requires assessment of sales tax, on certain kinds of surveying services, but does not require sales taxes on other professional services. In the event that new or additional state or federal taxes are implemented on the professional services provided under this contract during the term of the work,such taxes will be added to the applicable billings and will be in addition to the quoted fees. REIMBURSABLE EXPENSES Direct costs including printing and reproduction,postage,messenger service,long distance telephone calls and travel will be considered reimbursable expenses. Direct costs will be billed at 1.1 times the direct cost incurred. This does not include pernutting or review fees required by die agencies. These fees will be provided by dhe developer/owner. man mm \�HALFF � •Stephen Springs Bs A rchirects June 11,2019 Page 6 SCHEDULE I-lalff will begin work immediately after receipt of written notice to proceed. The tasks will be completed in accordance with the following project milestones in calendar days upon written notice. Surveying Services 45 Days Schematic Design 60 Days Calendar days do not include review tune or delays by others. Tasks may be concurrent or might require the completion of other tasks prior to beginning. DELIVERABLES ■ Two(2)Concept Plans ■ Cost Estimate man ®0 HALFF Atl.Stephen Springs BSW-Architects June 11,2019 EXCLUSIONS Page 7 The following items are specifically excluded from services provided in this contract which are as follow: 1. Detailed flood studies 2. Design Development Phase 3. Construction Documents Phase 4. Platting and easements 5. Hire protection,gas,telephone,cable and/or electric design. 6. Piling and permit fees. 7. Quantity take-offs and/or Engineer's Statement of Probable Construction Cost. 8. Design for relocation and/or adjustment of existing improvements or infrastructure. 9. Significant design revisions following substantial completion of the exhibits. 10. Value engineering 11. Flood plain studies or reclamation plans,detention design or studies. 12. Review of Engineers certificates.The Design Professional shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might,in the sole judgment of the Design Professional,increase the Design Professional's risk or the availability or cost of his or her professional or general liability insurance. 13. Pavement design recommendations. 14. Meetings or presentations not specified herein,additional meetings will be billed at an hourly rate agreed upon; 15. City of Fort Worth Urban Forestry Plan 16. City of Fort Worth Integrated Stormwater Management(iSWM) submittal. 17. City of Fort Worth flood development permit. 18. Water Study 19. Sanitary Sewer Study 20. Septic system design 21. Storm Water Pollution Prevention Plan(SWPPP) i EXHIBIT C FT.WORTH NORTHWEST COMMUNITY CENTER FEES PHASE ONE—FE'ES Engineering Services(Reference Exhibit B) $69,850 (Includes 10%Architectural Coordination Fee) Architectural Programming, Site Planning and Management $26,000 Subtotal $95,850 Reimbursable Expenses $900 (Not to Exceed) Total Fee $96,750 Ft.Worth Northwest Community Center Exhibit B,Page 1 of 1 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. 1. Name: 5WWS'V4 St4ubs Position: �•M fW,,XAI-*L- Signature 2. Name: Position: Signature 3. Name: Position: Signature Nam : AA(w JP— S AWpVA I A44 Signature of Ptesitlent/CEO Other Title: Date: 762 J11 Standard Architectural Agreement 7/1/2019 2