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HomeMy WebLinkAboutContract 56908 CSC No. 56908 CITY OF FORT WORTH, TEXAS AGREEMENT FOR ARCHITECTURAL SERVICES FOREST PARK ENFAC 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: Forest Park Enhanced Family Aquatics 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. Article I Scope of Service (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 Forest Park Enhanced Family Aquatics 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 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 Standard Architectural Agreement 9/27/2021 1 OFFICIAL RECORD CITY SECRETARY 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 $5,550,000.00. 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 $99,900.00 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 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% However the total fee paid by the City shall not exceed a total as defined in Article Standard Architectural Agreement 9/27/2021 2 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-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. Standard Architectural Agreement 9/27/2021 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 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- 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: Standard Architectural Agreement 9/27/2021 4 Principal in Charge: Dwayne Brinkley Project Manager: Stephen Springs Project Architect: Carlos Guerra 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. 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. (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. 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: 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. Standard Architectural Agreement 9/27/2021 5 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 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. Standard Architectural Agreement 9/27/2021 6 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 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 Standard Architectural Agreement 9/27/2021 7 "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) 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. Standard Architectural Agreement 9/27/2021 8 (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 Standard Architectural Agreement 9/27/2021 9 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 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. Standard Architectural Agreement 9/27/2021 10 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 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 Standard Architectural Agreement 9/27/2021 11 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 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. Standard Architectural Agreement 9/27/2021 12 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. 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 Standard Architectural Agreement 9/27/2021 13 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. 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 Standard Architectural Agreement 9/27/2021 14 $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 131" Street Fort Worth, Texas 76103 Architect: Brinkley Sargent Wiginton Inc. Attn: Stephen Springs AIA 5000 Quorum, Suite 600 Dallas, Texas 75254 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 9/27/2021 15 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 19ana 24L( hldo administration of this contract, including By: )anaBurghdoff ec30,202117:35CST) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Dec 30, 2021 By. �•/Vy�• . Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By: Steve 29,202116:54 CST) Name: Steve Cooke Title: Director, Property Management Dept. By: Attest: Name: John B. Strong Title: Assistant City Attorney 7GZ�I�IG��G d C7000��GG Contract Authorization: By a•ette S.Goodall(Jan 3,202211:10 CST) .p' -Q4 n FORT��� M&C: N/A B Name: Jannette Goodall �o�°°° °°° o�d Title: City Secretary dti� o",0 PVo o °=A o o C o ,d * °° ���nEX ASga VENDOR: Brinkley Sargent Wiginton Architects, Inc By: Stephe prings(Dec 28,20 09:37 CST Name: Stephen Springs, AIA Title: Senior Principal Date: Dec 28, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Architectural Agreement 9/27/2021 16 Attachment "A" ARCHITECTURAL SERVICES PROPOSAL December 2021 FORT WORTH FOREST PARK AQUATIC CENTER SERVICES AND COMPENSATION A/E BASIC SERVICES INCLUDED IN THE CONTRACT SCOPE OF WORK. A. BASIC A/E SERVICES (THROUGH SCHEMATIC DESIGN ONLY): ($70.000) (Based upon$5.1M construction budget,and contemplating the amenity set illustrated in the 2012 Aquatic Masterplan concept approach attached below) Basic Services includes design of schematic site plans,building plans,and architectural concepts. Includes up to three conceptual options leading to a consensus-based final schematic option as approved by City. Fees beyond schematic design phase will be determined based on finalized scope of work. B. SUPPLEMENTAL SERVICES IN ARE INCLUDED AS FOLLOWS: *indicates services provided by MWBE subcontract. *SITE SURVEY: Topographic & tree survey as describe by attached proposal from JQ Infrastructure. ($13,500) AQUATIC DESIGN SERVICES(THROUGH SCHEMATIC DESIGN ONLY): Schematic design of pool options in concert with Basic Services. ($16 400) EXCLUDED SUPPLEMENTAL SERVICES ARE AS FOLLOWS: Any services not explicitly stated above. SUMMARY OF PROFESSIONAL FEES: Basic Professional Services $70,000 Supplemental Services $29,900 TOTAL PROFESSIONAL CONTRACT $99,900 Fort Worth Forest Park Aquatic Center Exhibit C,Page i of 2 2012 Fort Worth Aquatic Master Plan Study Family Aquatic Center Concept Plan 1 � + 11 If BJII•J!!` s J —J J � fill# � Q J �ry J fa - J , J �l � J Fort Worth Forest Park Aquatic Center Exhibit C,Page 2 of 2 shaping the built environment Ekr7ho ■■1[ III-IIII N I IZ \ ■■1■■■ \'O■■►l1 loo GLASS STREET,SUITE 201,DALLAS,TEXAS 75207 972 392.7340 PHONE JQIENG.COM 12.15.21 Mr. Steven Springs, AIA Brinkley Sargent Wiginton Architects 5000 Quorum Dr. #600 Dallas,Texas 75254 Re: Proposal—Forest Park Pool Survey— Fort Worth,Texas Dear Mr. Springs, We are pleased to express our interest in providing land surveying services for the referenced project and offer the following proposal for your consideration. SCOPE OF PROJECT We understand the scope of the project to be a Survey of the Forest Park Pool area. See attached Exhibit A for the survey limits. LAND SURVEYING SERVICES (JQI)Texas Land Surveying Firm Registration No. 10193718 Our land surveying services will include the following: 1. Topographic Survey a. Establish a minimum of two (2) temporary control monuments (typically a 5/8-inch iron rod with yellow plastic cap stamped JQ TRAVERSE), provide coordinates (northing, easting, and elevation) and graphically show on the topographic surveying exhibit. b. All horizontal survey data will be surveyed relative to the North American Datum of 1983(NAD 83),Texas State Plane Coordinate System, North Central Zone-4202 (surface coordinates). c. All vertical survey data will be surveyed relative to the City of Fort Worth Vertical Datum. d. Location of permanent improvements on and immediately adjacent to the site. e. Spot elevations on a 25-foot grid or break in grade for hard surface and 50-foot grid or break in grade for natural ground. f. Top of curb and gutter elevations for paving on and adjacent to the site. g. Location of permanent improvements on and immediately adjacent to the site. h. Location of all sidewalks on and adjacent to the site. i. Location of all buildings with finish floor elevations. j. Location of visible utilities and appurtenances. STRUCTURAL I CIVIL I SURVEYING Professional Services Agreement Proposal—Forest Park Pool Survey—Fort Worth,Texas Brinkley Sargent Wiginton Architects 12.07.21 Part I—Scope of Land Surveying Services and Compensation Page 2 of 10 k. Flowline elevations on wastewater manholes, storm drainage manholes and inlets. I. Contours on one-foot intervals. m. Locate the retaining wall E/SE of the pool (beyond the fence —shown in yellow). It is not entirely visible . n. Locate the remnant of the original pool (shown in purple) 2. Tree Survey a. Prepare a tree survey in accordance with the City's Subdivision Ordinance and Developmental guidelines for location of trees 6" or larger. b. Label tree with tag and number. c. Create a tree table on survey showing tree number, common name (if known), and diameter of tree, and condition. d. locate the tree dripline/canopy inside the red area line. e. Excludes review and acceptance by an Arborist. Not authorized 3. Final Plat a. Preparation of a Preliminary and Final Plat, per the City of Fort Worth re u S. b. Process and address comment provided by the City to obtain a at the preliminary and final stages. c. Unless otherwise prohibited by la ere no monument exists, set permanent iron pin (monument) or oth ' a le permanent monument at property corners; drive pin adequat ground to prevent movement and mark with wood stake; state on the awing(s) whether corners were found or set and describe each. SERVICES EXCLUDED FROM BASIC SERVICES 1. Any scope of work not specifically stated above. 2. ALTA surveys. 3. Utility research. It is our understanding that this information will be provided to JQ by others. 4. Easement documents. 5. Geotechnical investigations and material testing. 6. Additional site visits beyond the number required to perform the tasks listed above. 7. Printing of submittals for Owner review or bidding. 8. Payment of any and all platting and plan review fees imposed by the City of Fort Worth,Texas. 9. As-built survey for the site. 10. Subsurface Utility Engineering (SUE)to determine the location of existing utilities. Professional Services Agreement Proposal—Forest Park Pool Survey—Fort Worth,Texas Brinkley Sargent Wiginton Architects 12.07.21 Part I—Scope of Land Surveying Services and Compensation Page 3 of 10 11. Update of survey of improvements after initial survey has been performed. ALTERNATE SERVICES 1. Additional site visits beyond the number listed in basic services. FEES Validity of Proposal: The proposal shall remain open and valid for a period of at least 90 days from the designated date indicated above. Once proposal is accepted during this period, the price quoted will remain unchanged for the entire period of the resulting contract unless otherwise specified. We propose to provide land surveying services for the following lump sum fees plus reimbursable expenses. A. Topographic Survey $ 8,500.00 B. Tree Survey $ 5,000.00 �. rinel f�la �14,999-99. Not authorized ** subject to sales tax if applicable Authorized additional services will be billed at the following hourly rates plus reimbursable expense Partner $275.00/hour Principal $235.00/ hour Senior Project Manager $195.00/ hour Engineering Technical Lead $205.00/ hour Project Manager $165.00/ hour Senior Project Engineer $150.00/ hour Project Engineer $135.00/ hour Senior Technician $130.00/ hour Technician $100.00/ hour Administrative $90.00/hour Senior Registered Professional Land Surveyor $180.00/ hour Registered Professional Land Surveyor $150.00/ hour Survey Crew(1 Man) $135.00/ hour Survey Crew(2 Man) $180.00/ hour REIMBURSABLE EXPENSES Reimbursable expenses will be invoiced at net cost to JQ. Reimbursable expenses include: -Travel expenses including mileage at$0.50 per mile. Professional Services Agreement Proposal—Forest Park Pool Survey—Fort Worth,Texas Brinkley Sargent Wiginton Architects 12.07.21 Part I—Scope of Land Surveying Services and Compensation Page 4 of 10 - Reprographic and photographic services. - Delivery service charges. -Authorized sub-consultant fees. PAYMENT SCHEDULE Invoices for progress payments of the basic fee will be billed each month for services performed during the prior month on a percentage of completion basis. If this proposal is acceptable, please sign Part I and return one copy to our office. Signature of Part I also acknowledges and accepts the terms and conditions set forth in Part II of this proposal.These documents will serve as our contract for this project unless superseded by a standard form agreement. We appreciate your consideration and look forward to working with you. Sincerely, JQ Infrastructure, LLC Texas Registered Engineering Firm: 7986 SInr Lucy, PE P Accepted by: Mr. Steven Springs, AIA Date Brinkley Sargent Wiginton Architects Professional Services Agreement Proposal—Forest Park Pool Survey—Fort Worth,Texas Brinkley Sargent Wiginton Architects 12.07.21 Part I—Scope of Land Surveying Services and Compensation Page 5 of 10 41 r 1 I'� • o ��oo t EXHIBIT "A" ATTACHMENT"S" VERIFICATION OF SIGNATURE AUTHORITY Brinkley Sargent Wiginton Architects,Inc. 5000 Quorum Drive, Suite 600 Dallas,Texas 75254 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 (°Farm°) 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: Stephen Springs,AIA Position.Senior principal Signature 2. Name: Position: Signature 3. Name: Position: Signature Na �e: Harol Sa ent,AIA Signature of +dent/CEO Other Title: Date: ��2�I ®2 L ' Standard Architectural Agreement 9/27/2021 18 l