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HomeMy WebLinkAboutContract 52789-A5AMENDMENT NO. 5 TO AGREEMENT STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Diamond Hill Community Center — New Facility STATE OF TEXAS CITY SECRETARY CONTRACT NO. 52789-A5 COUNTY OF TARRANT WHEREAS, The City of Fort Worth and Good Fulton & Farrell, Inc., dba GFF, Inc. (Consultant) made and entered into City Secretary Contract No. 52789 (The Contract) which was administratively authorized, the 16th day of September, 2019, for Diamond Hill Community Center — New Facility; and Amendment No. 1 was authorized on March 3, 2020 by the City Council by M&C 20-0125 in the amount of $718,865.00 for additional design services for 100% completion of schematic design through construction administration services including bidding phase services; and Amendment No. 2 was administratively authorized for Urban Forestry revisions and Value Engineered roof framing revisions in the amount of $16,500.00; and Amendment No. 3 was administratively authorized to modify the structural concrete slab to incorporate a wood flooring system in the amount of $6,000.00; and Amendment No.4 was administratively authorized to incorporate PARD requested changes to the kitchen equipment specifications and plan in the amount of $1,200.00; and WHEREAS, further amendment is necessary to reimburse the Consultant as part of the design services agreement for additional construction administration services as a result of extended construction schedule time. NOW THEREFORE, City and Consultant, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: 1. Article I — Scope of Services, Paragraph (3) shall be added to read as follows: (3) Provide additional design services for the design and detailing of Diamond Hill Community Center — New Facility. The total cost of this additional service is $34,000.00 with no additional reimbursable expenses. The scope of services is described more fully in Attachment "H" GFF's Proposal dated November 9, 2022, subject: "RE: Diamond Hill Community Center, Additional Service Proposal #05, Extended CA Services". 2. Article II — Compensation, first paragraph is amended as follows: "Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "H". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "H". However, the total fee paid by the City shall not exceed a total of $851,700.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly." CFW Standard Agreement for Professional Services AMENDMENT (Rev.16Aug2016) OFFICIAL RECORD Page 1 of 2 Diamond Hill Community Center - New Facility CITY SECRETARY January 2023 FT. WORTH, TX Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth bang Lw6 dr y: Dana Burghdoff ( 24, 20 15:21 C51 ) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Feb 24, 2023 Approval Recommended: ,s,. By: Steve ke (Feb 10, 2023 17:10 CST) Name: Steve Cooke Title: Director, Property Management Dept. Attest: By: Name: Title: AOFovpU FORT4;aP 0 l.o PVo a=P 41 Jannette Goodall City Secretary VENDOR: Good Fulton & Farrell, Inc., dba GFF, Inc. By: Name: Title: Evan Beattie (Jan 5, 202316:29 CST) Evan L. Beattie, AIA, LEED AP President Date: Jan 5, 2023 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name Title: Nikita Watts Sr. Capital Projects Officer Approved as to Form and Legality: By: Name Title: John B. Strong Assistant City Attorney Contract Authorization: Not Required M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW Standard Agreement for Professional Services AMENDMENT (Rev. 1 6Aug2016) Page 2 of 2 Diamond Hill Community Center — New Facility January 2023 ARCHITECTS Dallas INTERIORS 2808 Fairmount Street, Suite 300 9ff LANDSCAPE Dallas, Texas 1 75201 PLANNING 214.303.1500 Date: November 9, 2022 To: Alfonso Meza Registered Architect Property Management Department 401 West 131h Street Fort Worth, Texas 76102 From: Kent Pontious Re: Diamond Hill Community Center Additional Service Proposal #05 Extended CA Services FortWorth Austin 3300 West 7th Street, Suite 110 114 W 7th Street, Suite 20C Fort Worth, Texas 1 76107 Austin, Texas 1 78701 817 303.1500 512.807.0433 ATTACHMENT "H" ADDITIONAL SERVICE PROPOSAL #05 DIAMOND HILL COMMUNITY CENTER EXTENDED CA SERVICES Additional Service will be added to the base Droiect number as line items a subnumber. This work will be performed as an additional service to our prime agreement, dated 9/16/2019, with the City of Fort Worth and as such shall be subject to the terms stated within that agreement. SCOPE OF SERVICES: • Scope Item #1: Extended CA services due to contractor delays. Proposed number is based on 8 hours per week for 5 months, the amount of the extended construction schedule. This cost has been adjusted to take in account that the submittal process was done during the original CA timeframe. PROPOSED FEE: Professional Fees We propose to perform our work as a fixed fee: Scope Item 1 Architecture GFF $34,000 TOTAL ADD SERVICE FEE $34,000 Reimbursable Expenses: In addition to the basic services fees, printing, deliveries, long-distance communication, travel, plots, taxes on goods or services, and other reimbursable expenses per our primary agreement. The fees shown here do not include services related to consultants other than those listed. These fees are separate and in addition to the fees charges for the work completed to date. P:\2019\19162 - Diamond Hill Comm Cntr\01 - Legal\01 - Proposals\Add Services\Diamond Hill Add Services #5.docx March 7, 2022 Page 2 of 2 If this proposal is acceptable, please sign and return one (1) copy to my office, which shall serve as our authorization to proceed. As an alternative, in the event services or instruments of service are provided by GFF and accepted by you, this shall also constitute acceptance of this proposal We are pleased to have this opportunity to continue our service to you. Please do not hesitate to call if you have any questions and/or require additional information. Sincerely, Kent Pontious, AIA Associate Principal I Studio Director cc: Evan Beattie, AIA, LEED AP Allison Hubbard, MBA GFF Accounting ACKNOWLEDGED AND APPROVED: Signature Name/Title Date The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, TX 78701-3942, Phone: 512/305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Chapter 1051 of the Texas Occupational Code. Master Version 08.01.2021 P:\2019\19162 - Diamond Hill Comm Cntr\01 - Legal\01 - Proposals\Add Services\Diamond Hill Add Services #5.docx F CITY SECRETARY CONTRACT N0. 51% $�-- �'�`1 CITY OF FORT WORTH, TEXAS 5 4� � AGREEMENT FOR ARCHITECTURAL SERVICES DIAMOND HILL COMMUNITY CENTER - NEW FACILITY This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Good Fulton & Farrell, Inc., dba GFF, Inc., authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as the new Diamond Hill Community Center — New Facility. 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 the new Diamond Hill Community Center — New Facility. 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) "Work", as used herein and further in relation to the Architect's Services, including any documents issued or executed by Architect in the course of providing services under this Agreement, shall mean the construction and services required by any contract documents, within the scope of services set forth in this Agreement. (3) 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- compensable. Diamond Hill Community Center — New Facility Page 1 of 17 (4) 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 oral orders of any person. (5) 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. (6) The Construction Budget, including demolition of the existing community center, and special FFE associated with the boxing gym, shall be $8,000,000.00. 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, and as described in Attachment "A". However the total fee paid by the City shall not exceed a total of $75,135.00 including $1,500.00 of reimbursable expenses 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 fee 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 b. Completion of Design Development and Opinion of Probable Construction Cost c. Completion of Construction Documents and Opinion of Probable Construction Cost d. Action by City Council to accept bids Diamond Hill Community Center — New Facility 20% 40% 75% 80% Page 2of17 e. Final acceptance of the Project bythe City 100% 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 fee claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 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 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, Diamond Hill Community Center — New Facility Page 3 of 17 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 with applicable local, state and federal laws and with 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 reasonable accuracy and sufficiency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Architect shall indemnify, and hold harmless the City against liability for any legally recoverable 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 with 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: Evan Beattie, AIA, LEED AP — President Project Manager: Kent Pontious, AIA, LEED AP — Associate Principal Project Architect: Kippen Schecht, AIA, LEED AP — Project Leader The Architect may not change key personnel without the City's 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. Diamond Hill Community Center — New Facility Page 4 of 17 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 noted herein and as described in Attachment "A", to complete the design and secure a construction permit, including services necessary to survey, plat, prepare and vacate easements and address any other property issues. b. The design shall include site work, design and coordination of utilities, landscaping and facility design required for the 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: 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. 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. The Architect shall assist the City with its obligation to obtain necessary building permits. The City shall pay any fees for such Building Permits. The City or contractor shall apply forbuilding permits. f. The Architect, at the Architect's sole cost and expense, shall engage a Consultant to prepare "Elimination of Architectural Barriers Registration" and Diamond Hill Community Center — New Facility Page 5 of 17 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. Designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes, in force at the time documents are prepared, and as reasonably interpreted. g. 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 legally recoverable 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. h. 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 review the qualifications of up to five (5) bidders and advise City of negative information concerning the capability of the bidder to 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. Diamond Hill Community Center — New Facility Page 6 of 17 (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. Architect shall not be responsible for Contractor's failure to construct the project in accordance with the Plans and Specifications, but shall be responsible for its own negligence. 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 use field notes, contractor provided "Record Drawings", and other data to 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. Upon payment in full for all services provided under this Agreement, 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. Notwithstanding anything else contained in this Agreement, Architect retains all right, title, and interest in and to any copyrights applicable to all work and design elements in existence prior to the date of this Agreement, including but not limited to standard specifications, details and similar design elements that are normally reused by Architect in its business or that were in the public domain prior to incorporation of such standard items into the instruments of service ("Non -Unique Work"). Owner's right, title and interest in and to any ownership rights, including copyrights, is subject to Architect being paid in full per the terms of this Agreement and shall be limited to any unique work created specifically under this Agreement contained in the Diamond Hill Community Center — New Facility Page 7 of 17 instruments of service ("Unique Work"). Architect may retain copies of all instruments of service, including, but not limited to digital information, for its use. 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. (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. Diamond Hill Community Center — New Facility Page 8 of 17 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 hired or non -owned 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 professional liability and 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 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 days' notice of cancellation or non -renewal. A ten days' notice shall be acceptable in the event of non-payment of premium. Diamond Hill Community Center — New Facility Page 9 of 17 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 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. Diamond Hill Community Center — New Facility Page 10 of 17 (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, pertinent books, documents, pE relating to this Agreement. Arc normal working hours to all nec appropriate workspace in order of this section. City shall giv( audits. have access to and the right to examine any directly cers and records of Architect involving transactions iitect agrees that the City shall have access during �ssary facilities and shall be provided adequate and to conduct audits in compliance with the provisions Architect reasonable advance notice of intended (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. Diamond Hill Community Center — New Facility Pagel 1 of 17 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 indemnify and hold harmless City and all of its officers, agents and employees from and against all legally recoverable claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees, on a comparative basis. 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. Diamond Hill Community Center — New Facility Page 12 of 17 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 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 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: Diamond Hill Community Center — New Facility Page 13 of 17 Property Management Department Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 131h Street Fort Worth, Texas 76103 Architect: Good Fulton & Farrell, Inc., dba GFF, Inc. Attn: Kent Pontious, AIA, LEED AP 2808 Fairmount, Suite 30 Dallas, Texas 75201 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. Article XXI Miscellaneous Provisions (1) The Owner has or will retain, via separate contract, qualified professionals to assess the property for hazardous materials (including providing an asbestos survey stipulated in the Texas Asbestos Health Protection Act) and removing any such substances. As such, the Architect shall consider the building and site free of hazardous substances for the purpose of performing its work. (2) The Architect shall have the right to rely on -the accuracy, thoroughness, and completeness of all information provided by the Owner or Owner's representative(s), including pricing, schedule, or other information provided by the Owner's Construction Manager, Contractor, or similar advisor during all phases of the project, including pre -construction. (3) In the event the Owner elects to divide the project into multiple packages to accelerate the construction process, the Owner acknowledges this entails certain inherent risks. These include, but are not limited to, the inability to coordinate early release work with that of later packages, an increased incidence of change orders and field coordination changes, incomplete code interpretations, and work -in - progress modifications. By utilizing multiple packages, the Owner agrees to accept these risks, and the costs and consequences associated with them, in order to achieve the perceived benefits of reduced construction time. Diamond Hill Community Center — New Facility Page 14 of 17 (4) In the event Architect is asked to participate in any "value engineering" process, including but not limited to utilizing substitution requests made by the Owner, Contractor, Owner's consultants, subcontractors or others, the Owner acknowledges this entails certain inherent risks. These include, but are not limited to reduced performance, increased life -cycle costs, coordination impacts pertaining to other elements of the project, unforeseen code implications, unanticipated schedule implications, and diminished overall value as a result of the proposing parties having a vested interest in such recommendations. If the Owner chooses to accept and/or directs the Architect to make revisions to the construction documents to include any value engineering recommendations and/or material substitution proposals made by others; either without Architect's written approval or over the reasonable written objection of the Architect, then the Owner agrees to accept these risks, and the costs and consequences associated with them, in order to achieve the perceived benefits of reduced construction cost, and hereby releases Architect from any and all liability arising from same. (5) Services regarding trenching operations are not included as part of this agreement. This includes, but is not limited to, trench design, trench shoring design, consultation regarding trenching, and observation of trenching operations. The Owner agrees to require the Contractor to make all provisions for trenching operations. (6) Any language, term or condition of this Agreement to the contrary notwithstanding, the Architect makes no express or implied warranties. (7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE OWNER AGREES TO LIMIT ARCHITECT'S LIABILITY DUE TO ACTS, ERRORS OR OMISSIONS ALLEGED IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN TORT OR CONTRACT, SUCH THAT THE TOTAL AGGREGATE LIABILITY OF THE ARCHITECT SHALL NOT EXCEED THE ARCHITECT'S AVAILABLE INSURANCE PROCEEDS. (8) The Owner agrees that the sole liability for any and all claims resides with GFF, Inc. ("Architect") and the individually licensed architect of record, and not the individual owners, shareholders or employees of GFF, Inc. (9) The following are not included as a Basic Service: geotechnical investigation, the design of tower crane foundation(s), services relating to exterior signage or graphics (other than that specifically required by code), services relating to special inspections which may be required by any codes or Owner including, but not limited to, special inspections described in Chapter 17 of the International Building Code, specialty permitting (and permitting fees), any specialty consultants other than those specifically listed herein, low voltage (voice and data) and security. (10) Invoices shall be due within 30 days from the date of the invoice. Diamond Hill Community Center — New Facility Page 15 of 17 (11) Services related to the consideration and incorporation of environmentally responsible design are included as a Basic Service. Services related to the submission, and certification (including commissioning) of environmentally responsible design to a credentialing agency including, but not limited to, the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) program are not included as a Basic Service. In the event such submission and certification (including commissioning) services are provided, as an Additional Service, Owner understands and acknowledges that; 1) credentialing programs (such as LEED) are exclusive programs of their respective credentialing agencies (such as USGBC) 2) independent credentialing agencies have sole authority with respect to interpreting and determining compliance with their standards and exercise broad discretionary power in doing so and 3) the Architect neither controls nor warrants the final outcome with respect to LEED or other such certifications. (12) 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. (13) If, at the City's request, the Architect's Work is delayed by more than 90 cumulative days, the Architect's compensation may be adjusted accordingly. Diamond Hill Community Center — New Facility Page 16 of 17 Article XXII 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 h day of 59A2W.Mbe,(' , 2019. BY: CITY OF FORT WORTH Z'X" -_ v unn Interim Assistant City Manager Date: � /7 " ' • i� MENDED: Interim •.- ,L's epartment APPROVED AS TO FORM AND LEGALITY By: St BY: ARCHITECT Good Fulton & Farrell, Inc., dba GFF, Inc. Evan L. Beattie, AIA, LEED AP President Date: 8 218/ e�/ —�� M&C No.: NA LRE n . ro fOR istant City torney /A. •. A E z ar J. Kayser 4 ity ecretary • `• CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including 'ensuring all performance and reporting requirements. By: if , Lp�(/ 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. Diamond Hill Community Center — New Facility Page 17 of 17 Attachment "A" ARCHITECTS INTERIORS Of LANDSCAPE PLANNING August 21, 2019 Dallas 2808 Fairmount Street, Suite 300 Dallas, Texas 1 75201 214.303.1500 Alfonso Meza Registered Architect Property Management Department City of Fort Worth 401 W. 13'h Street Fort Worth, TX 76102 FortWorth 3300 West 7th Street, Suite 110 Fort Worth, Texas 1 76107 817. 303.1500 RE: Diamond Hill Community Center Replacement, Fort Worth Texas Dear Alfonso: Austin 800 Brazos Street, Suite 670 Austin,Texas i 78701 512 807.0433 Thank you for the opportunity to submit a proposal on the above referenced project. We understand the City of Fort Worth ("Owner") would like GFF Architects ("GFF" or "Architect') to provide Professional Services for the replacement of Diamond Hill Community Center. This letter outlines our basic project understanding, the scope of services we propose and the related fees. PROJECT UNDERSTANDING: • Programming, design and construction administration services of a new community center and associated site improvements including but not limited to: boxing gym, gymnasium, fitness area, teaching kitchen and meeting rooms. • The project is located at 1701 NE 361h Street in Fort Worth (76106) • Services include but not limited to: programming, architectural and engineering design, cost estimating, assisting the COFW/PARD with furniture selection, and construction administration. • Attending 2 community meetings, 2 furniture assist meetings, and 2 artist selection meetings. • The project size is 25,000 sf with a budget of $8.0 million. • Construction duration is assumed at 12 months + 2 months for demolition. SCOPE OF SERVICES: Basic Services • Provide Architectural, Structural and MEP services from Schematic Design through the conclusion of Construction Documents, for the project described above, per the terms of the AIA 13101, Standard Form of Agreement Between Owner and Architect, 2017 edition. • Provide assistance during Bidding and Negotiation with evaluating the project costs, per the terms of the AIA B101, 2017 edition. • Provide standard Contract Administration services for reviewing shop drawings, attending jobsite meetings, clarifying the intent of the construction documents, etc., per the terms of the AIA B 101, 2017 edition for up to 14 months. Basic Services shall include up to 28 site visits consisting of 2 site visits per month (bi-weekly OAC meetings) and 2 punch list visits. Services beyond these amounts shall be Additional Services. Supplemental Services • Provide Programming, Civil Engineering, Platting, Surveying/Topo, Road Abandonment, Landscape/Irrigation design, Interior Design, Renderings (2 ea. Incl.), Food Service, Cost Estimating (4 ea.), Specifications, Accessibility (TAS) registration and review, and Boxing consultant (allowance) services, for the project described above, per the terms of the AIA 13101, 2017 Ed. Proposal — Diamond Hill Community Center Replacement August 21, 2019 Page 2 of 3 FEES: We propose to perform this work for a fixed sum as follows: Programming thru 50% SD thru Total Project Service SBE Consultant 50% SD Fee CA Fee Fee Basic Services Architectural GFF Architects $45,162.50 $406,462.50 $451,625.00 Structural Eng. ✓ RL Woods $5,760.00 $71,040.00 $76,800.00 MEP Eng. ✓ BHB MEP $1,500.00 $65.500.00 $67,000.00 Sub -Total $52,422.50 7 $543,002.50 $595,425.00 Supplemental Services Civil Eng. ✓ BHB Civil $3,200.00 $71,300.00 $74,500.00 Survey ✓ BHB Civil $8,500.00 $0.00 $8,500.00 Interiors GFF Interiors $4,500.00, $40,500.00 $45,000.00 Landscape GFF Landscape $2,287.50 $29,227.50 $31,515.00 Food Service Bosrna Desgin $1,425.00 $8,075.00 $9,500.00 Cost Estimating Riddle & Goodnight $1,300.00 $13,260.00 $14,560.00 Sub -Total $21,212.50 $162,362.50 $183,575.00 Total $73,635.00" $705,365.00 $779,000.00 Reimbursable Expenses $1,500.00 $13,500.00 $15,000.00 TOTALS $75,135.00'" $718,865.00, $794,000.00 • Allowed Reimbursable Expenses (with prior approval of City) In addition to the basic services fees, printing, deliveries, long-distance communication, travel, plots, taxes on goods or services, and other reimbursable expenses per AIA B 101, 2017, Ed., will be invoiced at 1.1 times invoice amount, or the equivalent for in-house expenses. 2019 Hourly Rates* Senior Principals: $275 Principals -In -Charge: $250 Principals: $225 Managers/Directors: $215 Leaders: $121 - $194 Senior Coordinators: $110 - $159 Coordinators: $85 - $118 Team Members: $73 - $101 *subject to annual inflationary increase Proposal — Diamond Hill Community Center Replacement August 21, 2019 Page 3 of 3 If this proposal is acceptable, please sign and return one (1) copy to my office, to signify your acceptance, which shall also serve as our authorization to proceed. As an alternative, in the event services or instruments of service are provided by Architect and accepted by you, this shall also constitute acceptance of this proposal. Thank you again for the opportunity to be a part of your team. Sincerely, GFF ARCHITECTS 144k Kent Pontious, AIA, LEED AP Associate Principal I Studio Director cc: Duncan Fulton, FAIA, LEED AP Evan Beattie, AIA, LEED AP Rick Myers, AIA Allison Hubbard, MBA GFF Accounting ACKNOWLEDGED AND APPROVED: Signature Name/Title Date The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, TX 78701-3942, Phone: 512/305-9000. has jurisdiction over individuals licensed under the Architects Registration Law, Chapter 1051 of the Texas Occupational Code. Master Version 04.05.19 S:\GFF MASTER DOCS\Legal\Proposal_Fixed Fee_GFF.docx ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY GFF, Inc. 2808 Fairmount Street, Suite 300 Dallas, Texas 75201 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 acknowledgement 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. Name: Position. Signature 2. Name: Position Signature 3. Name: Position: gnature Name: 00 ign�ature of President / CEO Other Title: Date: Architectural Agreement, GFF 7/9/2018 Diamond Hills Community Center