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HomeMy WebLinkAboutContract 49559 CITY OF FORT WORTH, TEXAS CITY SECRETARYLJCI CONTRACT N0. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Elements of Architecture, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Old Hemphill Road Drop-Off Station Addition. Article I Scope of Services Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Old Hemphill Road Drop-Off Station Addition. (1) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $98,816.00 including $6,500.00 for reimbursable expenses unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant 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 Consultant's invoice for payment of same. Acceptance by Consultant 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 co rection with the services for which payment is made, including any act or omission of �g City in connection with such services. � N &`L l OFFICIAL RECORD ��oe w P o�FP� a CITY SECRETARY FT.WORTH,TX CFW-Standard Agreement for Professional Services(Rev.9/26/2016) Page 1 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for the duration of design and construction, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant 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 Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Article VI Insurance (1) Consultant 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 Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given CFW—Standard Agreement for Professional Services(Rev.9/26/2016) Page 2 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 by the City; provided, however, Consultant 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 aggregate 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 131h Street, Fort Worth, TX 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. CFW—Standard Agreement for Professional Services(Rev.9/26/2016) Page 3 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant'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, Consultant 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. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant 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 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant 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, consultants, or contractors, or prepared by Consultant, 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. CFW—Standard Agreement for Professional Services(Rev.9/26/2016) Page 4 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 Article IX Right to Audit (1) Consultant 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 Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant 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 Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X 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. Consultant 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 Consultant 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. The SBE participation goal is 10%. Article XI Observe and Comply Consultant 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 CFW—Standard Agreement for Professional Services(Rev.9/26/2016) Page 5 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII 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 XIII 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 XIV 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 XV 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: CFW—Standard Agreement for Professional Services(Rev.9/2612016) Page 6 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Consultant: Elements of Architecture, Inc. Attn: Debbie Fulwiler, AIA President 1201 6th Ave., Suite 100 Fort Worth, TX 76104 Article XVI 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 XVII 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. CFW—Standard Agreement for Professional Services(Rev.9/26/2016) Page 7 of 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 I Executed and effective this the �" ` day of 2017. BY: BY: CITY OF FORT WORTH CONSULTANT Eleme s Arch itectur , Jesus J. Chapa Debbie F Iler, AIA Assistant City Manager President Date: e'�)1--/) Date:_ l APPROVAL RECOMMENDED.- `o i B : S Cooke Director, Property Management APPROVED AS TO FORM AND LEGALITY M&C No.: C-28324 By' AM&C Date: August 15 2017 J h B. Strong Assistant Cit ttcrney Form 1295 Certification: ATTEST: O�F0RT.... Mary J. ay&r)/ 2 City Secretary j Xp,S 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: &uN. A. Brian R. Glass, AIA Architectural Services Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CFW—Standard Agreement for Professional Services(Rev.9/26/2016) 8 Elements of Architecture, Inc.—Old Hemphill Road Drop-Off Station Addition, PMD2017-07 May 2017 �c'1?ACAtARA T "A" 1201 6t''Ave, Suite 100 ELEMENTS Fort Worth,Texas 76104 of Architecture, Inc. Phone 817.333.2880 Fax 817.333.2883 March 24, 2017 Alfonso Meza City of Fort Worth 401 West 13th Street Fort Worth,TX 76102 Re: Proposal for Architectural/Engineering Services Hemphill Drop Off Center—CD &CA Phase Services- REVISED Dear Alfonso; Elements is pleased to provide to you this proposal for services associated with the Construction Documents and Construction Administration Phase for the referenced project. Design is based on the information developed and approved in the SD Phase of the project under a separate DO and includes incorporation of the office building already designed and to be site adapted as well as modifications to the existing swap shop structure. We also have coordination with the Owner provided sign company for inclusion of a new LED sign. We understand that this company will provide a complete and total set of documents for this sign including foundation with our scope to include placement of the sign and coordination. Also included are modifications to the site for inclusion of the Goodwill trailer and additional parking. We have added modification to the existing gates for security access as well as updating our opinion of probable construction costs at substantial completion of the CDs. We anticipate the scope of services for this project is as follows: SCOPE OF SERVICES Construction Documents Phase 1. Based on the approval from the COFW on SD phase package, prepare construction documents based on a bid set of documents. 2. Submit construction documents for review only. 3. Modify documents as required per City review. 4. Final Construction Documents and provide to the city for distribution and permitting. Construction Administration Phase 1. We have assumed that this project will be bid and thus including bidding phase services within this phase of the project. This includes a pre-bid meeting as well as issuance of an addenda based on any clarifications to the documents. 2. Review clarifications of the two highest ranking bidders to include contact with references. 3. Meeting with the city to review bids and to make recommendations of bidders. 4. Respond to any RFI's for clarification to the documents. 5. Review of Shop drawings and other submittals as stipulated in the construction documents. 6. We have included a total of three site visit during construction of the project by various disciplines. Exclusions and Qualifications to This Proposal: 1. Our fee and scope for this project assumes that the other two drop off centers will be bid and that the same contractor will be selected for all projects. We have not included fees for three independent projects for the bidding phase. 2. Design of the office building is as previously completed for the Brennan site with no modifications. 3. Services requested in addition to those specifically outlined in this proposal will be identified and a fee proposal provided with approval required before continuing with those services. 4. Any modifications to the design already approved will be considered additional services. 5. We have assumed that these documents will be submitted to TDLR for TAS review. We have also assumed that the existing center is TAS compliant and no modifications outside of our defined area of work is included or anticipated. COFW Hemphill Drop Off Center Proposal for CD/CA Phase Services REVISED March 24, 2017 Page 2 6. Proposals for each consultant are attached with the information included as if provided within this proposal. 7. We have assumed that COFW will make the submittal to the city for building permit for the project. 8. Although we have included general coordination for the new sign, we have not included preparation of any construction documents associated with the design or requirement for their installation, outside of a site plan illustrating the proposed location. We have also not included any services associated with submittal to the city for permitting of the sign. PROPOSED FEE Labor We propose to provide our services as identified in this proposal on an hourly basis with the not to exceed amounts as follows: Construction Documents Phase Architectural $ 27,800.00 Structural Engineering(3800 x 1.1) $ 4,180.00 Civil Engineering (24,500 x 1.1) $ 26,950.00 MEP Engineering(6200 x 1.l) $ 6,820.00 Total CD Phase $65,750.00 Construction Administration Phase (includes Bidding) Architectural $ 18,800.00 Structural Engineering (1200 x 1.1) $ 1,320.00 Civil Engineering (4000 x 1.1) $ 4,400.00 MEP Engineering(1,860 x 1.1) $ 2,046.00 Total CA Phase $ 26,566.00 Project Total $ 92,316.00 Fees listed above are for labor only. Expenses Reimbursable expenses as outlined in the Master Contract are not included in our labor fee and are estimated at $6,500. This includes TDLR submittal review costs. DELIVERABLE Deliverable for this project will include construction documents per a link for download. PROJECT TEAM Torres Engineering will provide the MEP Engineering, Carrillo Engineering will provide civil engineering and RL Woods will provide structural engineering. All other services will be by Elements. Torres, Carrillo, RLW and Elements are SBE certified firms. If this proposal meets with your approval, we would anticipate a Delivery Order for our services identified within this proposal. If you have any questions regarding this proposal or need to discuss, please call me. Thank you for this opportunity to continue to provide our services to you and we look forward to working with you further on this project. Sincerely, Debbie Fulwiler, AIA President Carrillo Engineering, LLC 301 Commerce Street Suite 1410 Fort Worth, TX 76102 817-896-0976 anna.blackwellgcarrilloeng.com March 22, 2017 Ms. Debbie Fulwiler President Elements of Architecture, Inc. 1201 6`I'Ave., Suite 100 Fort Worth, TX 76104 Re: Letter Agreement for Professional Services for Site Development to serve the City of Fort Worth Old Hemphill Drop-Off Center in Fort Worth,Texas Dear Debbie: Carrillo Engineering, LLC ("the Consultant") is pleased to submit this letter agreement (the "Agreement") to Elements of Architecture, Inc. ("the Client") for providing professional services on the above referenced project. Our project understanding, scope of services, and fee are below. PROJECT UNDERSTANDING The intent of this letter agreement is to provide a scope of services and fee to the Client for the property described above. It is our understanding that the City of Fort Worth (City or Owner) has requested that the Client provide Civil Engineering Services for the project. We understand the City desires to add an office building to each of the facilities as well as 25 parking spaces,modifications to the Swap Shop, and site revisions to accommodate a Goodwill trailer. We understand that given that the disturbed area at the site is not anticipated to exceed one acre, Storm Water Management Plans (iSWM) or grading permits are not included in this scope of services. If required, they will be considered additional services. Also, the need for public improvements or preparation of a Community Facilities Agreement is not anticipated and therefore,not included in this scope of services. Additionally, a security/card reader will be shown at the entrances to the site and the gates will be shown to be changed to sliders. The paving plan and details will show an alternate for concrete vs asphalt for the additional parking areas. If requested by the Client, the Consultant will provide an opinion of probable construction costs with the final construction documents. Effort for this will be covered as part of Task 7. CLIENT RESPONSIBILITIES Carrillo Engineering, LLC (Consultant) will be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by Consultant during the project, including but not limited to the following: A. Geotechnical Report with Pavement Recommendations per City Requirements; B. Phase 1 Environmental Site Assessments; C. Complete Title Work including deeds for adjacent properties; D. Names of other consultants on the project team and their timely participation in the coordination and development of the plans; E. Any end-user or specialty use design guidelines/requirements that would impact our scope of service; and F. Executed Agreement. Ms.Debbie Fulwiler,March 22,2017,Page 2 SCOPE OF SERVICES Task 1 —Topographic Survey $3,500 (Lump Sum) The Consultant will prepare a ground topographic survey of the project improvements area for the Old Hemphill site to be used as a basis of design. The topographic survey will not include the entire sites, only the project improvements area. The survey will be used for civil design purposes and will: A. Show existing visible topographic features including edge of driveways. B. Show visible existing utilities immediately adjacent to and on the site based on visible indications of the features and on readily available record drawings and as established markings by a utility location service. C. Show site topography at 1-foot intervals based on an approximately 50'by 50' grid for the site to be used in preparing the civil engineering documents. The topographic survey will show spot elevations and contours for the site. The topographic survey will be established on NAD83 Texas State Plane Coordinate System, and NAVD88 North American Vertical Datum. The trees on site will not be individually surveyed or tagged. Task 2 -On-Site Civil Engineering Construction Drawings $13,000 (Lump Sum) The Consultant will prepare Civil Construction Documents to support the improvements at the Old Hemphill site. The plans will be prepared based on the Client-approved site layout. The budget amount provided anticipates Consultant's response to up to two (2) concurrent round of comments from the City and Client. Response to additional rounds of comments, if necessary, will be considered part of Task 4. This task does not include the design of any off-site improvements. Changes to the site plan by the Client after commencement of this task that result in redesign of plans will be considered an additional service. The Consultant will prepare the following plan sheets based on published City design criteria: A. Cover Sheet B. General Construction Notes and Specifications The Consultant will prepare the general construction notes and specifications for the civil portions of the project. These notes and specifications will be included in the civil construction drawings. Preparation of additional specifications for inclusion into a separate specification book or contract documents is not included in this agreement. C. Dimension Control and Paving Plan The Consultant will prepare a dimension control plan to be used by the Contractor for the building and site layout. This plan will show the property corners and dimensional ties between the building, parking, roadway, and property lines. This plan will include site lighting locations as provided by the MEP; the Consultant shall not be responsible for lighting design. The Consultant will rely entirely on the Client to provide the Consultant with any updates to the building shell that may impact the Consultant's work. The Consultant will also prepare a paving and striping plan for the site that will show paving and striping improvements. This plan will show the Architectural Barriers Texas Accessibility Standards (TAS) requirements for handicap signage and striping and will also contain the pavement design recommendations provided by the Client's Geotechnical Engineer. Ms.Debbie Fulwiler,March 22,2017,Page 3 D. Grading Plan The Consultant will prepare a grading plan for the site showing one (1) foot contours and spot elevations for the proposed site improvements and indicate the finished floor elevation for the proposed building. A preliminary grading plan will be submitted to the Client for review and approval prior to completion of the final grading plan for such items as minimum/maximum slopes, acceptance of retaining walls, and a need to balance the site, prior to commencing with the final grading efforts. As a result of the design process, Consultant anticipates that the earthwork calculations will be performed twice in an effort to balance the site. Multiple revisions to the final grading plan, beyond the two stated above are not included in this scope of services. Consultant will check the proposed site grading to verify that the grading is appropriate for the TAS accessible route and accessible parking spaces (if any) indicated on the Client's site plan. However, Consultant shall not be responsible for other aspects of Architectural Barriers Texas Accessibility Standards (TAS). Consultant will not be responsible for any handicap accessibility submittals for City, County, State or Federal review. E. Drainage Area Map and Calculations The Consultant will prepare a drainage area map for the site showing on-site drainage patterns and off-site discharges onto the site. The Consultant will provide drainage calculations per the published City design criteria for the project. F. Storm Drainage Plan The Consultant will prepare a storm sewer plan to collect and convey storm water runoff to an existing storm drain system. It is our understanding that detention design or extension of offsite storm drain will not be required; therefore, they are not included in this scope of services. If required,they will be considered Additional Services. G. Utility Plan The Consultant will prepare an on-site utility plan for the site. This plan will show the water and sanitary sewer mains adjacent to the property and services to within 5 feet of the building. This task will also show electrical, gas, and communications services to locations within five feet of the building as provided by the M.E.P. This task does not include off-site extension or relocation of water, sewer or franchise utilities. The water and sanitary sewer plan will be prepared according to published City standards. The Consultant will coordinate water and sanitary sewer services with the Project Architect and M.E.P. Engineer. If these locations are not available at the time the Civil Engineering documents are prepared and civil plans have to be revised due to M.E.P. revisions/additions; these changes will be considered an additional service. H. Erosion Control Plan The Consultant will prepare an Erosion Control Plan for the project per City and State requirements. On this plan the Consultant will show required erosion control measures to be installed prior to disturbance of the site and to be maintained throughout site construction. Ms.Debbie Fulwiler,March 22,2017,Page 4 We understand a Preparation of a Storm Water Pollution Prevention Plan (SWPPP) will not be required as the total disturbed area is not anticipated to exceed one acre at any given site. L Construction Details Based on City standards and specifications, as well as specific details required and provided by the Client, the Consultant will prepare detail sheets showing the paving, water, sanitary sewer, storm sewer,and erosion control details for the on-site civil site construction. Task 3—Urban Forestry Permit,and Landscape and Irrigation Plans $3,500(Lump Sum) The Consultant will prepare a Urban Forestry Permit (UFP). The UFP will include a planting and irrigation plan per City criteria. A final landscape and irrigation plan will be submitted to the City for the site development plan and building permit approval. Task 4—Meetings and City Permitting and Approvals $3,000 (Lump Sum) The Consultant will submit the civil construction drawings to the City for review and permitting. The fee amount indicated for this task is Consultant's projection of the effort required to attend meetings administer the permit processing, and address and revise the plans for one (1) review cycle beyond that included in other tasks. It also includes effort for attending up to four(4)meetings beyond those included in other tasks. The Consultant will notify the Client if the effort required to address comments will exceed the above amount. Permitting and application fees will be paid directly by the Client. Task 5—Bidding Phase Services $1,000 (Lump Sum) Consultant will provide bidding phase services as requested by the Client. These may consist of responding to RFIs or preparing addenda. The budget is based on 8 hours of effort. Task 6-Construction Phase Services $3,000 (Lump Sum) Consultant will provide professional construction phase services as specifically stated below: Visits to Site and Observation of Construction. Consultant will provide on-site construction observation services during the construction phase. Consultant will make up to two (2) visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority Ms.Debbie Fulwiler,March 22,2017,Page 5 over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. Change Orders. Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences,schedules, or procedures of construction or to related safety precautions and programs. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. Disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a Ms.Debbie Fulwiler,March 22,2017,Page 6 site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete, Consultant will notify Client and Contractor. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. The budget for this task is based on up to 24 hours of Construction Phase Services. If requested, additional effort will be considered additional services. Task 7—Opinion of Probable Construction Costs (OPCC) (If Required) $1,500 (Lump Sum) If requested by the Client, the Consultant will provide an OPCC for the site improvements at the time of delivery of the construction documents. The Consultant will use recent bid tabulations from similar projects or from those published by the City and/or TxDOT and will represent only the Engineer's judgment as a design professional familiar with the construction industry. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. The Consultant cannot and will not guarantee that proposals,bids, or actual construction costs will not vary from its opinions of probable costs. DELIVERABLES The Consultant will provide the following deliverables: a) Base files in AutoCAD format for use by the Client and/or other consultants in the completion of their services; b) Plans and specifications at approximately 60 percent completion for Client and City review; c) Plans and specifications at 100%for City review and permitting; d) Plans and specifications for construction; and e) AutoCAD files at the completion of construction documents phase. SCHEDULE The Consultant will provide the services listed in the Scope of Services within a reasonable length of time as mutually agreed to by both the Client and the Consultant. Ms.Debbie Fulwiler,March 22,2017,Page 7 ADDITIONAL SERVICES During the course of the project, certain tasks may become necessary which have not been specifically defined under the scope of services listed above. Any items requested that are not specifically noted in the above scope will be considered additional services and will be provided as requested and authorized in writing by the Client. The Consultant can provide the following services; however, they are not included in the limited scope of this Agreement: 1. Boundary or ALTA Surveys; 2. Platting Services; 3. Grading Permit; 4. 1SWM Plans; 5. Detention Pond Design; 6. Storm Water Management Plan; 7. Record Drawings; 8. Offsite Water, Sewer, Drainage or Roadway Improvements; 9. Community Facilities Agreement; 10. Storm Water Pollution Prevention Plan,Inspections, Record Keeping, etc., 11. Geotechnical Services; 12. Retaining Wall Design; 13. Paving cross section design or building pad preparation design; 14. Soils Testing or Materials Testing; 15. Environmental Assessment or Reports; 16. Submittal,Permitting Fees or Impact Fees; 17. Easement Documents by Separate Instrument other than those noted; 18. Design/Relocation/Coordination of Existing Gas,Electric,Telephone and Cable TV Service; 19. Bidding Services/Negotiation; 20. Any item not specifically included in our Scope of Services, FEE AND BILLING The Consultant will perform the Scope of Services for lump sum tasks as shown in the Scope of Services Section. All permitting, application, and similar project fees will be paid directly by the Client. Direct reimbursable expenses such as express delivery services, fees, navel, and other direct expenses will be billed at 1.15 times cost. The Consultant will perform Additional Services on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment. As to these tasks, direct reimbursable expenses such as express delivery services, fees,travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Fees and expenses will be invoiced monthly by the 5"' of each month based, as applicable, upon the overall percentage of lump sum services performed and/or amount of effort expended and expenses incurred. Payment will be due within 25 days of Client's receipt of payment by the City. Ms.Debbie Fulwiler,March 22,2017,Page 8 CLOSURE In addition to the matters set forth herein, our Agreement will include and be subject to, and only to, the terms and conditions in the attached Standard Terms and Conditions, which are incorporated by reference. As used in the Standard Terms and Conditions,the term"the Consultant" will refer to Carrillo Engineering, LLC, and the term"the Client"will refer to Elements of Architecture,Inc. Consultant, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below: Please email all invoices to @ Please email invoices to @ AND provide a hard copy to the address listed above(please note below if it should be to someone else's attention or an alternative address). Please ONLY provide a hardcopy invoice to the address listed above(please note below if it should be to someone else's attention or an alternative address). If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty(60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact us if you have any questions. Very truly yours, CARRILLO ENGINEERING,LLC Anna C. Blackwell,P.E. Managing Member Attachment Rate Schedule Standard Terms and Conditions Ms.Debbie Pulwiler,March 22,2017,Page 9 Agreed to this day of 2017. ELEMENTS OF ARCHITECTURE,INC. A Corporation By: President (Date) (Print or Type Name) (Email Address) Witness (Print or Type Name) Ms.Debbie Fulwiler,March 22,2017,Page 10 Carrillo Engineering,LLC Standard Rate Schedule (Hourly Rate) Senior Engineer I/Senior Professional 1 $175 CAD Technician $100 Designer $120 Support Staff/Clerical $ 75 Effective January 2017 TanTorres Engineering Services,Inc PROPOSAL Proposal No: 1532 - 1 Project: Old Hemphill Drop-off Site Changes Date: 11/18/16 Customer: Elements of Architecture, Inc. 1201 6th Avenue Fort Worth, TX 76104 Attention: Debbie Fulwiler PROJECT Torres Engineering Services, Inc. is pleased to offer the following proposal for mechanical, electrical and plumbing engineering services for the construction document portion of the modifications to the MLK Drop-off center in the City of Fort Worth according to the following description: 1. They will be adding an office building like what we did at Brennan for each other site, but need to make a few interior changes. They do not want the size of the building to change. The components we have in Brennan will all still be there but a bit differently with the workarea. 2. The swap shop will go away and they want to change this structure into an environmental drop off which will have several parts, a trailer(TCEQ compliant) and roll up and "plug in", an enclosed storage area that will not be conditioned and will house lawn equipment, etc. Will have a roll up door for access. We will need an area of exterior storage of containers for hazardous products. And finally a drive thru for citizens to drop off their hazardous materials. 3. They will be contracting with Goodwill for donation area. This basically takes the place of the swap shop process with just donations. The trailer will need to be at basically dock high 48" so that folks can just pull up and drop off goods. That means that this will need to be configured in the areas close to the dumpster locations so the trailer can be at the lower level. 4. Will need about 25 parking spots total for each site. They currently have far less than this and additional parking will have to be designed in. (25 total not plus what they have now). Some sites might be able to handle it ok with minimal grading changes, but MLK has the detention area that we may have to look at changing the pond to go deeper and less perimeter. BASIC SERVICES Torres Engineering Services will provide the following Basic Services: Construction Document Phase 1. Review existing conditions and customer requirements. 2. Prepare construction documents based on approved layouts. 3. Provide sealed and signed construction documents based on approved set. Construction Administration Phase 1. Review submittals. 2. Reply to requests for information. 3. Provide (2) site visits during construction. 1532 —Old Hemphill Drop-off Site Changes REQUIRED INFORMATION The following items are required from the Architect/Owner: • Access to the site for initial and subsequent site visits • Customer specifications and design criteria • Architectural backgrounds for demolition including existing conditions and devices to be removed, relocated or to remain in AutoCAD format, including desired title block • Architectural backgrounds for new construction with locations for new or relocated devices in AutoCAD format • Approved Architectural Plans ASSUMPTIONS This proposal is valid with the following assumptions. If any of these conditions does not apply, please let us know to modify the proposal accordingly: • Fire protection and fire alarm systems will be specified based on system performance. Design of these systems is not part of this proposal. EXCLUSIONS This proposal excludes the following: • Life-cycle cost-benefit analysis reports • Engineering services beyond the services described in this proposal MEETINGS This proposal does not include coordination meetings other than phone calls and conference calls. Meetings on site or at other locations constitute additional services and will be invoiced on an hourly basis at the standard rates shown in the section Additional Services. ALTERNATES This proposal includes base bid documents only. Adding alternates to a design is not included in this proposal and is considered additional services and will be invoiced on an hourly basis at the standard rates shown in the section Additional Services. CONSTRUCTION COSTS TES does not provide professional construction estimation services. Any statements of probable construction costs for the project will be prepared based upon available data, experience and professional judgment. However, they should not be considered as a warranty of construction costs for the project. BASIC SERVICES COMPENSATION The compensation for engineering services is $8,060.00 (Eight Thousand, Sixty Dollars 00/100). Phase Amount Construction Documents $6,200. Submittal Reviews $260. CA Site Visits $1,600. TOTAL $8,060. ADDITIONAL SERVICES Construction document preparation is complete when TES provides sealed and signed documents. Any client-driven changes after the delivery of signed and sealed documents will constitute additional services and will be charged at the rates shown in this section. The following Torres Engineering Services, Inc. Page 2 1532 —Old Hemphill Drop-off Site Changes hourly rate schedule shall apply for any additional services needed during this project not specifically included previously. Sr. Engineer $130/hr REIMBURSABLES TES will provide one electronic copy of documents indicated in the Deliverables section at no additional cost to the customer. The following expenses are considered reimbursable at cost: Transportation, Document Reproduction, Postage, Shipping and Lodging and Meals while in travel. ACCEPTANCE Along with this proposal, Torres Engineering Services, Inc. also agrees to the terms established between the City of Fort Worth and Elements of Architecture, Inc. in the contract document "Annual Architectural Agreement: Elements of Architecture, Inc." executed with the City of Fort Worth October 9, 2006. Torres Engineering Services, Inc. appreciates the opportunity to work with you on this project and looks forward to the design and construction phases of this facility. Diligent efforts shall be made to coordinate with other disciplines. If the terms associated with this proposal are acceptable to you, please sign and return a signed copy to me. Your signature below will provide acceptance to this proposal. Submitted by, Accepted by, Roberto Torres, President Debbie Fulwiler, AIA TES Elements of Architecture, Inc. Torres Engineering Services, Inc. Page 3 R. L. Woods & Associates, LLC struetural and Forensic Engineering 1151 W. Pioneer Pkwy Arlington, Texas 76013 817-277-6686 www.riwaengineers.com November 18, 2016 Ms. Debbie Fulwiler Elements of Architecture, Inc. 1201 6"' Ave., Suite 100 Fort Worth, TX 76104 Reference: CoFW Drop off Center— Old Hemphill site. Fort Worth, Texas CD & CA Services Dear Ms. Fulwiler: R L Woods & Associates, LLC is pleased to provide this proposal for additions and improvements to the above referenced facility. We understand that the project will consist of the following: • Completion of previous schematic design of new office building. • Extend Swap Shop Foundation by loft., enlarging the existing pad from 30 ft. x 30 ft to 30ft. x40ft, • Add 14 ft. x 30 ft. CMU enclosures to deck at existing Swap Shop. • Design new material storage dividing walls to be added to the existing drop off pads. • Review of placement of existing gates and coordination/review of sign foundation. • Provide typical retaining wall detail for site retaining walls shown on Civil drawings. I. SCOPE 1. Provide Construction Documents for items identified above. 2. Provide up to three interim design submissions (i.e, DD, 75% CD & 95% CD) for coordination and Owner review. 3. Provide a cost estimate for structural portion at phase determined by Architect. 4. Provide limited CA services to include response to RFI's, review of shop drawings, and periodic construction observation (up to 3 site visits included in scope). II. LIMITATION OF SCOPE Our scope of services includes only those services specifically included above. III. PROPOSAL ASSUMPTIONS: 1. We plan to perform our services between 8:00 am and 5:00 pm on weekdays. 1. This project is being produced simultaneously with the similar projects at the Brennan and MLX sites. The new office building and monument signs are to be identical at all three sites with only modifications of foundation design to suite individual site geotechnical conditions. We understand that while the all three sites t are being designed simultaneously, the construction for the three sites may be consecutive. IV. COMPENSATION: We propose to perform these services for a stipulated sum of$ 5000. Please do not hesitate to contact our office if you have any questions regarding the proposed Scope of Services or if you need any additional information. Sincerely, R L Woods& Associates Renate' L. Woods, P.E. Principal