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HomeMy WebLinkAboutContract 56870 CITY SECRETARY CONTRACT NO.56870 CITY OF FORT WORTH, TEXAS AGREEMENT FOR ARCHITECTURAL SERVICES OLD HEMPHILL DROP-OFF STATION SCRAP METAL AREA MODIFICATIONS 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 ("Architect"), for a PROJECT generally described as: Old Hemphill Drop-Off Station Scrap Metal Area Modifications. 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. Article I Scope of Service 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 Old Hemphill Drop-Off Station Scrap Metal Area Modifications. (1) 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 this Agreement, the Architect shall submit a proposal for additional fees and a 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. 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-com pen sable. (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 Architect shall not be compensated for any alleged additional work resulting from OFFICIAL RECORD CFW—Standard Architectural Agreement(27 Sept 2021) CITY SECRETARY EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 FT. WORTH, TX 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 $350,000.00 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 $39,410.00 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 reassessment of existing design documents & construction manual to establish scope of work 20% b. Completion of reorganizing of existing design documents & construction manual for permitting and bidding 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% However, the total fee paid by the City shall not exceed a total as defined in Article 11, 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 CFW—Standard Architectural Agreement(27 Sept 2021) Page 2 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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-site 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. 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 respondeat 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- CFW—Standard Architectural Agreement(27 Sept 2021) Page 3 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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 Architect's 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: Debbie Fulwiler, AIA Project Manager: Debbie Fulwiler, AIA Project Architect: Debbie Fulwiler, AIA The Architect may not change key personnel without the City's written approval. (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. 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. �eals nreeram hitGGtUF�I d+end+ site and^I fleer pl ns nrind+ipal �r�, , a-FG-rrccc ur—cvrTce��r« arr�'�rnTcrpc�T e9 iinmenf finishes apd] A-Fea ba—s nest e6tim. tes (This oeQA+}iA_.P Referonno G1�'QT}7TTG'I"r'L1j TrTr.J'I"IL�'1�TTCfCLTr.G�7LTJ CTTCTI"I'TCfG'r'J�TrT.7�G�C1'C'rl—TCTTC.Tr'6T to "Dregrom Design MaR al" may he emitted en smeller ereied++s ) e. The Architect shall pay for the printing of contract documents required for design submittals and presentations+a,.s�a� ,parrt of the reimbursable allowance. f 4 r�r0ceE�h'l-ari--Tv GG�tt tFit�--D fa s�R Phase ti l tFit raa e�acdr �n�ritt ev Dregra n--Deign Mapual cGfGFGRGG tE1 "PregTan4 Design MaR 4" n-ay he emitted-1 en smaller nreienfs ) (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. CFW—Standard Architectural Agreement(27 Sept 2021) Page 4 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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, u.n.o.: i DesigR Dee pmeRt Phase• Dreparo}inn of �rnhitGG�-aI niVil �����cve�nTcrr cparacrc..n-r-vr-arvi�-r -crr,�svrr-rvvvrvr, 6tF6l•ct6I aI-a , MEP plans, nrinnipaI el vsteRs,site glans, Ga-rFteeR scr SGIGGtiGR Gf Prin equipmeRt_and finishes, and dio ipli gca nI . 0P\n of prebablo eRstrur--tien I I?. nns writteR}�,�, vial of t�? phase of }the �v"v`�'v-rrr`, the A..FGhiteEf may prnnee tE the rvvernrstrcr-toc)r fl�ni imon� Dh.�oo 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. 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. (4) Bidding Phase: a. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre-Proposal Conference, and participate in the CFW—Standard Architectural Agreement(27 Sept 2021) Page 5 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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 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 CFW—Standard Architectural Agreement(27 Sept 2021) Page 6 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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. (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) Alfonso Meza 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. CFW—Standard Architectural Agreement(27 Sept 2021) Page 7 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 (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. (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 VIII 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. b. Certificates of insurance shall be delivered to the Property Management Department, Attention: Brian R. Glass, AIA, Architectural Services CFW—Standard Architectural Agreement(27 Sept 2021) Page 8 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 Manager, 401 West 13t" 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 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 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 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 required herein. I. Upon the request of City, Architect shall provide complete copies of all insurance policies required by these Agreement documents. 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 CFW—Standard Architectural Agreement(27 Sept 2021) Page 9 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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 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 theennRE�� SBE goals established for this Agreement and its accepted written commitment to m4E CFW—Standard Architectural Agreement(27 Sept 2021) Page 10 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 apA 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 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. CFW—Standard Architectural Agreement(27 Sept 2021) Page 11 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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 (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. 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 immediately terminate this Agreement for violations of this provision by Vendor. Article XVIII No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Article XIX Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. CFW—Standard Architectural Agreement(27 Sept 2021) Page 12 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 Article XX Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXI 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 131h Street Fort Worth, Texas 76103 Architect: Elements of Architecture, Inc. Attn: Debbie Fulwiler, AIA President 1201 6th Ave., Suite 100 Fort Worth, TX 76104 CFW—Standard Architectural Agreement(27 Sept 2021) Page 13 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 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. CFW—Standard Architectural Agreement(27 Sept 2021) Page 14 of 15 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and g, AG� administration of this contract, including By: Dana Burghd,.ffr ,17,20 19:59CST) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Dec 17, 2021 By: Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By: Name: Steve Cooke Title: Director, Property Management Dept. s By: Attest: Name: John B. Strong Title: Assistant City Attorney 175' ao�" Contract Authorization: N/A By: L 4 ette S.Goodall(Dec 20,202111 CST) M&C: Not Required Name: Jannette Goodall 4444On�Il pF F�RT �� Title: City Secretary ��o°° °°°°° ad v�o° °O�1�Idd pVo o o o VENDOR: 000000 a �n�UU 5 b Elements of Architecture, Inc. Name: Debbie Fulwiler Title: President Date: Nov 11, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW—Standard Architectural Agreement(27 Sept 2021) EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021 CofEMENTS ATTACHMENT "A" chitecture, Inc. Revised November 01,2021 Mr.Alfonso Meza City of Fort Worth 401 West 13th Street Fort Worth, TX 76102 Re: Proposal for A/E Services— Hemphill Drop Off Center Scrap Yard Modifications Dear Alfonso; Elements is pleased to provide to you this proposal for A/E services associated with the Scrap Metal Yard improvements including the new retaining wall,heavy duty equipment parking&paving, as well as Landscape/irrigation/Urban Forestry improvements. Elements will revise the design documents to remove the workperformedbyBosecom Inc. under the previous construction contract. The revised construction documents will incorporate anyAs-Built documentation provided by Bosecom that may affect the improvements within the Scrap Metal Yard. We understand this project will be bid and thus have included our typical CA Phase services. This revised proposal also incorporates an additional cost estimate for the proposed work given the timing since the original pricing by Basecom. We have defined our scope of services for this project as follows: SCOPE OF SERVICES Construction Documents Phase 1. Revise the original Old Hemphl#Drop Off Station construction documents(drawings& specifications),to develop a new set of construction documents that reflect the remaining Scrap Metal Yard improvements per our current understanding of the project. 2. Provide an estimate of probable construction costs. 3. Submit construction documents for review only. 4. Modify documents as required per City review. 5. Final Construction Documents and provide to the city for distribution. Submittal/Bidding Phase 1. Submit documents for TDLR review. 2. Submit documents for permitting to the city and coordinate this effort through receipt of building permit for general construction. 3. Attend a Pre-Bid meeting 4. Provide any addenda for clarification to the documents. 5. Review bids and evaluate 3 best bidders. 6. Review meeting for GC selection with the City and stakeholders. Page 1 of 2 Elements of Architecture, Inc. 1 1201 6'h Avenue, Suite 100, Fort Worth, Texas 76104 1 817.333.2880 Construction Administration Phase 1. Bi-weekly OAC meetings during construction with an assumption of 4 months of construction for a total of 8 meetings. 2. Respond to RFI's for clarification to the documents. 3. Review of Shop Drawings and other submittals as stipulated in the construction documents. 4. Review of testing laboratory reports. 5. Punchlist to review conditions and generate a list of deficiencies to design intent. 6. Prepare record documents from as-built documents and review of closeout documents by the contractor. Exclusions and Qualifications to This Proposal: 1. Proposals for civil and structural consultants are attached with the information included as if provided within this proposal. 2. We have not included MEP Engineering, nor do we believe these are required for this project. If we see that these are needed, we will provide a proposal for these services. PROPOSED FEE Labor We propose to provide our services as identified in this proposal for the lump sum amount as follows: Architectural Services $19,500 CD Phase - $3,000 Submittal/Bidding Phase - $4,500 CA Phase - $12,000 Structural Engineering (2,400 x 1.1) $ 2,640 Civil Engineering (13,000 x 1.1) $14,300 CD Phase - $4,000 Permitting - $3,500 CA Phase - $5,500 Estimating Services ($2,700 x 1.1) 2,970 PROJECT LABOR TOTAL $39,410 Expenses Reimbursable expenses are in addition to the labor fees listed above and include costs incurred as required for the project such as TDLR submittal, Permit application, printing costs, etc. Expenses are estimated at $3,200. These will be invoiced based on costs incurred with a 10% markup for processing. If you have any questions or need to discuss, please call me. Thank you for this opportunity to provide our services to you and we look forward to working with you on this project. Sincerely, E L Debbie Fulwiler, AIA President Attachments: Structural Engineering Proposal by RLWA Civil Engineering Proposal by Carrillo ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY ELEMENTS OF ARCHITECTURE, INC. 1201 6TH AVE., SUITE 100 FORT WORTH, TX 76104 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. Debbie Fulwiler 1. Name: President Position. Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/ CEO Other Title: Date: Nov 11, 2021 CFW—Standard Architectural Agreement(27 Sept 2021) Page 1 of 1 EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021