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HomeMy WebLinkAboutContract 50942 CITY SECRETARY CONTRACT NO. Z, CITY OF FORT WORTH, TEXAS c/Ty 22018 AGREEMENT FOR ARCHITECTURAL SERVICES C/NSFCn�QRY PIONEER TOWER REHABILITATION This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Elements of Architecture, Inc., authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as: Proposal for Architectural/Engineering Services, Pioneer Tower Rehabilitation — Phase 1, PMD 2018-09, 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 Pioneer Tower Rehabilitation. Nothing in Attachment "A" or any other Attachments to this Agreement shall be construed to change or modify any of the terms and conditions set forth in this Agreement. (2) If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. The Architect shall not perform any additional services without a written agreement with the City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. (3) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Architect or its sub-consultants, subcontractors Standard Architectural Agreement 3/15/2018 OFFICIAL RECORD 1 CITY SECRETARY FT.WORTH%TX 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. (4) The Architect shall advise the City as to the necessity of the City's providing or obtaining additional services and data from others required in connection with the Project at the City's cost and expense (which services and data the Architect is not to provide hereunder but on which the Architect may rely in performing services hereunder), and act as the City's representative in connection with any such services of others. (5) The Construction Budget for this project shall be $1,000,000.00. 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. As described in Attachment "A". However the total fee paid by the City shall not exceed a total of $149,422.00 (including $8,500.00 for reimbursables) unless the City and the Architect mutually agree upon a fee amount for additional services and amend this Agreement accordingly. (2) Acceptance by Architect of said payment shall operate as and shall release the city from all claims or liabilities under this Agreement for payment for the services rendered and billed for which such payment is made, it being understood that pending claims for additional compensation properly made by the Architect pursuant to Article I shall not be encompassed by such release. (3) The Architect shall be paid the following percentages of the total fee at the following stages of the Project: a. Completion of Programming and Schematic Design and Opinion of Probable Construction Cost 20% b. Completion of Design Development and Opinion of Probable Construction Cost 40% c. Completion of Construction Documents and Opinion of Probable Construction Cost 75% d. Action by City Council to accept bids 80% e. Final acceptance of the Project by the City 100% Standard Architectural Agreement 3/15/2018 2 However the total fee paid by the City shall not exceed a total as defined in Article II, Compensation: (4) Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: a. Printing Costs b. Renderings or Models for Public and City meetings c. Postage and Courier Expenses d. Travel, Mileage Only e. Other Costs with Prior Approval of the City. (5) The Architect shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Architect's invoice for payment of same. (6) Acceptance by Architect of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 17- 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 October 31, 2019, an equitable adjustment to the Architectural Services Contract Sum will be made by Amendment. Article IV Independent Contractor Architect shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Architect shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, Standard Architectural Agreement 3/15/2018 3 agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Architect, its officers, agents, employees, consultant, and sub-consultants, and nothing herein shall be construed as creating a partnership or joint venture between City and Architect. Article V Professional Competence and Indemnification (1) Work performed by Architect shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Architect or its officers, agents, employees, consultants and sub- consultants for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Architect shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a consultant or sub-consultant committed by the Architect or Architect's agent, Architect under contract, or another entity over which the Architect's exercises control. Article VI Procedures for Providing Architectural Services (1) The Architect agrees to commit the personnel to each assignment of the Project as appropriate in order to complete the Project in an expeditious manner. The Architect shall meet with the City's staff as required during the duration of the project. The Architect will assign the following key personnel to this Project: Principal in Charge: Debbie Fulwiler, AIA Project Manager: Debbie Fulwiler, AIA Project Architect: Debbie Fulwiler, AIA The Architect may not change key personnel without the City's written approval. Standard Architectural Agreement 3/15/2018 4 (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. c. The Architect shall become familiar with the City's document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into all phases of the work. d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. f. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. (3) Design Phase: a. The Architect shall perform all services necessary to complete the design and secure a construction permit, including all services necessary to survey, plat, prepare and vacate easements and address any other property issues. b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. d. The Architect shall prepare the design in two stages as follows: i. Design Development Phase: Preparation of architectural, structural and 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, and site plans for all disciplines will be at same scale. Standard Architectural Agreement 3/15/2018 5 f. The Architect shall provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. The City or contractor shall apply for building permits. g. The Architect, at the Architect's sole cost and expense, shall engage a Consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation (TDLR). The Architect (if required) will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes. h. In the event the Project is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Texas Accessibility Standards, the City will bear the construction costs associated with enhancements. The Architect will reimburse the City for additional costs, charges or fees to replace or rework features that were constructed in accordance with the design but fail to meet applicable accessibility requirements or building codes in force at the time that the design was performed. i. The Architect shall upload the electronic files in PDF format to the City's online bidding site (Autodesk Buzzsaw). (4) Bidding Phase: a. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre-Proposal Conference, and participate in the General Contractor selection process. b. Following bidding, the Architect shall investigate the qualifications of up to five (5) bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the Contract. (5) Responsibility for Construction Cost a. The Construction Budget for the Project shall be defined by the City. b. The Architect shall provide to the City an opinion of probable construction cost at the submission of each phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously approved 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 Standard Architectural Agreement 3/15/2018 6 stay within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project, the City may terminate this Agreement in accordance with Article X, Termination of Contract. (6) Construction Phase: a. The Architect shall assist the City with review and approval of submittals and proposed change orders concerning the Contractor, and shall review and advise the City with respect to the resolution of construction issues, including Contractor Request for Information, Submittals, Change Orders, Contingency Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive of continuous on-site inspection to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the city reasonably informed about the progress and quality of the portion of the Work Completed and make written report to the City (1) known deficiencies from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work, b. The Architect shall attend progress meeting at the job site. c. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. d. The Architect will review contractor's pay requests. e. The Architect will conduct final acceptance and end of warranty inspections with representatives of the City and issue AIA G704 Certificate of Substantial Completion with City approval. f. The Architect shall provide electronic copies of the drawings and specifications in a format acceptable to the Contractor for the Contractor's preparation of "Record Drawings" for the City's archives. g. At the end of the project, the Architect use field notes, contractor provided "Record Drawings" and other data will provide "As Built Drawings" in AutoCAD LT 2010 format or other format as determined by the City. Standard Architectural Agreement 3/15/2018 7 (7) All designs, drawings, specifications, documents, and other work products of the Architect, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect will be at the City's sole risk. The City shall own the final designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. Article VII City Responsibilities (1) Ronnie Clements will act as the City's representative with respect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the Architect's services. (2) Provide criteria and information as to City's requirements. (3) Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. (4) Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. (5) Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. (6) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. (7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling the Project construction contract documents. (8) Prepare easements and right-of-way acquisition conveyance documents, from descriptions provided by the Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. (9) Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. (10) Administer the construction of the Project. (11) Provide inspection and management services. Standard Architectural Agreement 3/15/2018 8 (12) Provide contractors' prepared field drawings to the Architect for review. (13) Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. (14) Bear all costs incident to compliance with this Article. Article Vlll Insurance (1) Architect shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate limit Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability Insurance $1,000,000 Errors & Omissions $2,000,000 Annual Aggregate (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Architect's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Architect's insurance policies. Standard Architectural Agreement 3/15/2018 9 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, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Architect's insurance. i. Architect's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Architect shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Architect's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Architect shall provide complete copies of all insurance policies required by these Agreement documents. Standard Architectural Agreement 3/15/2018 10 Article IX Transfer or Assignment City and Architect each bind themselves, and their lawful successors and assigns, to this Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article X Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days written notice. Either the City or the Architect for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article IX, upon receipt of notice of termination, Architect shall discontinue services rendered up to the date of such termination and City shall compensate Architect based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, Architects, or contractors, or prepared by Architect, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article XI Right to Audit (1) Architect agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Architect involving transactions relating to this Agreement. Architect agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Architect reasonable advance notice of intended audits. (2) Architect further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the Standard Architectural Agreement 3/15/2018 11 expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Architect and any sub-consultant reasonable advance notice of intended audit. (3) Architect and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Architect for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Architect acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Architect may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Architect shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XIV Venue and Jurisdiction Standard Architectural Agreement 3/15/2018 12 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XV Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XVI Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to Standard Architectural Agreement 3/15/2018 13 immediately terminate this Agreement for violations of this provision by Vendor. Article XVIII House Bill 89 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the 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 contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XIX Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Property Management Department Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Architect: Elements of Architecture, Inc. Attn: Debbie Fulwiler, AIA 1201 6th Ave, Suite 100 Fort Worth, Texas 76104 Article XX Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Standard Architectural Agreement 3/15/2018 14 Article XXI Counterparts: This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the day of June, 2018. BY: BY: CITY OF FORT WORTH ARCHI T ECT Eleme of chitec re nc Jesus J. Chapa Debbie iler, AIA Assistant City Manager President / Date: -7✓off -4 Date: AP� .' RECOMM NDED: By: (2e- S;,4— St e Cooke, Dire Et Sr- Property Management Department APPROVED AS TO FORM AND M&C No.: C-28724 LEGALI T Y By: A% M&C Date: June 6, 2018 ohn tron Assi t C' Attorney ®� F QR T ATT ST: / U :3: mafi J. Kzayser ' Ci Secretary ... �XAS CONTRACT COMPLIANCE MANAGER: By signing I ackno I am the person responsible for the monitoring�a}nd administration of this contract, including ensuring all performance and reporting requirements. By: /OY1 ow 1/'. C"t- J Brian R. Glass,AIA Architectural Services Manager The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes,Article 249a. Standard Architectural Agreement 11!5/2018 15 FOFFICIALECORD ETARY FT.WORTH,Tx ATTACHMENT "A" Attachment "A" is typically a document provided by the Architect spelling out his understanding of the scope, his approach and his proposed schedule and fees. Standard Architectural Agreement 3/15/2018 1 ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Sinnature Name: v Si nature ofe dent /CEO Other Title: Date: Standard Architectural Agreement 3/15/2018 2 1201 6'h Ave,Suite 100 ELEMENTSPhone 817.333.2880 Fort worth,Texas 76104 of Architecture, Inc. fax 817.333.2883 May 14, 2018 Ronnie Clements City of Fort Worth 401 West 13th Street Fort Worth,TX 76102 Re: Proposal for Architectural/Engineering Services Pioneer Tower Rehabilitation- Phase PMD 2018-09 Dear Ronnie; Elements is pleased to provide to you this proposal for services associated with the rehabilitation of the Pioneer Tower at Will Rogers Memorial Center. Based on the RFP and followup meeting, we understand due to funding that Phases for this project will have to be defined for use of funds as they become available. For this proposal at this time,we are just identifying our services for Phase I with a followup for additional Phase work as it is defined. Following are the tasks to be Included within this Phase I scope of work: 1. Assistance with the City for selection of CMAR. Including verification of references and possible interview. 2. Structural testing as defined within the proposal by Giles Engineering and coordination of this effort. 3. Structural engineering and coordination as defined within the proposal by RL Woods. 4. MEP engineering to provide lighting and lightning protection for the Tower as defined within the proposal by Summit Engineering 5. THC/COFW Historical coordination as defined within the proposal by Dennehy Architects. 6. Architectural services by Elements to include the following: a. Project management and coordination of the project b. Assistance with CMAR selection c. Develop a detailed schedule for the project for October 2019 completion d. Coordination of structural testing e. Coordination with CMAR for access and deconstruction as required f. Documents for cleaning the outside fa3ade of the Tower and replacement of cast stone as required g. Cleanup of the interior of the Tower and general conditions for life safety and general maintenance h. Coordination of structural repairs for correction of tower structure as required for lighting and long-term stability 1. Programming meeting with City of Fort Worth for additional tasks to be included within Phase 11 work. This will be for the purpose of defining the scope and fee for this additional phase of work if funds become available. We anticipate the scope of services for this project is as follows: SCOPE OF SERVICES Schematic Design Phase (30%) 1. Meet with the city for project kickoff with the team and finalize all project goals and scope. 2. Assist with selection of CMAR to include review of references, interview and selection meeting with COFW. 3. Structural testing for understanding of conditions not available for observation. 4. Review of findings with structural engineering and testing agency as well as CMAR and COFW. 5. Development of options from findings of structure and deficiencies as well as options for supporting lighting and lightning protection. COFW Pioneer Tower Proposal for A/E Services-Phase I May 14, 2018 Page 2 6. Develop Revit model of actual conditions based on Field observations. 7. Documentation for THC process and coordination. 8. Programming meeting with users for development of Phase 11 work. 9. Provide detailed listing of services to be Included with Phase If and our fee for tasks. 10. Develop detailed schedule for tasks needed to reach completion goals. 11. Review pricing with CMAR for overall budgets. Design Development Phase (60%) 1. Refining solutions based on constructability and costs working with CMAR. 2. Develop documents to DD phase. 3. Coordinate with CMAR for pricing of possible solutions and remediations and budget comparisons. 4. Review schedule for on task and make modifications as needed to reach completion goals. 5. Update as required for THC process and coordination. Construction Documents Phase (100%) 1. Based on the approval of the SD and DD phase documents, prepare construction documents for CMAR pricing. 2. Submit construction documents at 95%for review only. 3. Update as required for THC process and coordination. 4. Modify documents as required per City review. 5. Final Construction Documents and provide to the city and CMAR for construction and permitting. Construction Administration Phase 1. We have assumed that the CMAR will also serve as the General Contractor for construction. 2. Respond to any RFI's for clarification to the documents. 3. Review of Shop drawings and other submittals as stipulated in the construction documents. 4. Review of pay applications. 5. Site visits are as per consultant proposals with Elements performing monthly site visits during the construction. Exclusions and Qualifications to This Proposal: 1. 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. 2. Proposals for each consultant are attached with the information included as if provided within this proposal. 3. We have assumed that COFW will make the submittal to the city for building permit for the project. 4. For this first phase of the project, no TAS/TDLR submittal will be required but we will coordinate with a RAS for providing a letter for permitting use stating that the project is not applicable as a change to the primary function Is not happening. If we see that this changes, we will provide a fee for these services. PROPOSED FEE Labor We propose to provide our services as identified in this proposal for the lump sum fee of$140,922.00 which is defined as follows: Architectural-Elements $ 59,000.00 Structural Testing-Giles(9,915 x 1.1) $ 10,906.00 Structural Engineering-RLW(31,560 x 1.1) $ 34,716.00 THC Coordination -Dennehy(5,000 x 1.1) $ 5,500.00 MEP Engineering-Summit (28,000 x 1.1) $_ 30,800.00 Total Project $140,922.00 Fees listed shove.are for labor nnly. Expenses Reimbursable expenses as outlined in the Master Contract are not included in our labor fee and are estimated at $8,500. This does not include permitting fees. COFW Pioneer Tower Proposal for A/E Services—Phase I May 14, 2018 Page 3 PROJECT TEAM RL Woods will be providing structural engineering, Giles Engineering will be providing structural testing with Summit Engineering providing MEP Engineering. Dennehy will assist Elements with THC coordination. All firms except for Giles Engineering and Dennehy are all SBE certified firms. If you have any questions regarding this proposal or need to discuss, please call me. Thank you for this opportunity to provide our services to you on this project and we Zook forward to working with you and your team. Sincerely, l.�F�•�C 1-- .. Debbie Fulwiler, AIA President Attachment: Giles Proposal RL Woods Proposal Dennehy Proposal Summit Proposal WGILES CNGINEERING l 1SSOCIATES, INC. Atlanta,GA GEOTECHNICAL, ENVIRONMENTAL 8t CONSTRUCTION MATERIALS CONSULTANTS • Baltimore,MD Dallas.TX Los Angeles,CA Manassas.VA Milwaukee,WI February 8, 2018 Renate L. Woods & Associates, LLC 1151 W. Pioneer Parkway Arlington, Texas 76013 Attention: Ms. Renate L. Woods, P.E. RE: Proposal—Concrete Testing Services Will Rogers Memorial Tower 3401 W. Lancaster Avenue Fort Worth, Texas 76107 Giles Proposal No. 4MP-1802010 Dear Ms. Woods: Project Scope of Services Upon your authorization, Giles Engineering Associates, Inc. will perform field observation and testing for the existing tower structure. Per your request, Giles will: 1. Perform Concrete Imaging Radar (CIR) services for eleven (11) columns and five (5) beams in the locations designated by you. 2. Perform concrete strength testing via extracted concrete cores at one column location. 3. Perform Rebound (Schmidt) Hammer testing on the concrete in the locations designated by R.L. Woods & Associates. CONCRETE IMAGING RADAR Scope of Services Each item will be scanned to determine the number, spacing, and coverage of the reinforcement bars in each item scanned. Larger items may require multiple scans to provide the requested information. Based on our site visit and the preliminary testing performed on, Wednesday February 7, 2018 it is anticipated to take between 3-4 scans for the larger columns on the first level and 2-3 scans for smaller columns on the upper levels. The beams are estimated to take between 2-3 scans, depending on the size, to adequately determine the reinforcement position. Giles estimates the following number of scans: • Columns (11 locations)—25 grid scans; 11 line scans • Beams (5 Locations) — 10 grid scans; 5 line scans Concrete Imaging Radar - Degree of Certainty With any manufactured product, there are statistical variations in its uniformity and in the accuracy of tests used to measure its qualities. As compared with other manufactured products, field construction usually has wider fluctuations in both product and test results. Thus, even with careful field observation and testing, all buried items within a structural member may not be accurately detected. Buried PVC or ENT (smurf tubing) may not be detected. With reinforcing bars, imaging radar can usually only"see" below the bars about half the distance of the on-center 10553 Olympic Drive•Suite 102•Dallas,TX 75220 214/358-5885•Fax 2141358-5884•E-Mail dallas@gilesengr.com Will Rogers Memorial Tower GILES Fort Worth, Texas Proposal No.: 4MP-1802010 ENGINEERING DISSOCIATES, INC. Page 2 of 3 spacing. With two layers of steel bars, it is usually necessary to scan from both the top and bottom. The "image" we get of rebar and PT cables is the same. To identify PT, it is often necessary to scan from both the top and bottom. For composite slabs on fluted decking, items in the valleys may not be found; we generally recommend coring on the peaks, or exploratory holes be drilled with a masonry bit to verify the absence of embedded items. Our proposal to observe and test means only that we can help you reduce the chance of sawing or coring into objects buried within the structural concrete member by up to 90 percent. The attached General Conditions are considered portions of this proposal. Electrical lines must have an active load, but we might not be able to identify lines smaller than 220V. CONCRETE STRENGTH TESTING SERVICES One concrete column will marked and cored to provide test samples for laboratory determination of the in-place strength of the existing concrete. The strength data will be used to compare to results of the Rebound (Schmidt) Hammer. A total of 3 concrete test samples will be will be extracted via a diamond tipped core barrel. The cores will be extracted using a 4 inch core barrel, with nominal size of 3.7 inches in diameter. The concrete will be cored to approximately 8 inches in depth. The cores will located in vertical line with spacing between the cores at no less than 2 times the diameter of the core. The extracted cores will be handled and testing per the requirements of ASTM C42. REBOUND (SCHMIDT) HAMMER TESTING Giles will perform in-place strength determinations by the use of a rebound hammer in accordance with ASTM C805. Giles will perform the rebound hammer test at each location where the Concrete Imaging is performed, 16 locations including the location of the concrete cores. FEES FOR FIELD AND LABORATORY SERVICES We Estimate the total cost of services to be $9,915.00. $4,425.00 for Scanning Services $400.00 for the rebound Hammer Services $940.00 for the Coring Services & Concrete Testing Services $3,750.00 for a Comprehensive Report including scanned images This cost includes performing 35 grid scans and 16 line scans for the columns and grade beams. The fee to perform the service described herein is$175.00 per hour for two-man crew for imaging services (3-Hour Min.) and a $75.00 Equipment Fee per day. The final fee will be a function of the actual time required to complete the project. The actual charges for the scanning services will be based only on the actual travel time and the on-site time required to complete the services. Addenda The client agrees to limit Giles' aggregate liability to the client and all contractors and subcontractors arising from Giles' professional acts, errors or omissions, or breaches of contract to the greater of$5,000.00 or the cost of our services under this agreement. The client agrees to indemnify Giles from costs arising from instances where the client, the property owner, or third parties damage reinforcing or post tensioning steel, conduit, utilities carried therein, or other items embedded in the structural member, in reliance upon Giles' service under this agreement. Will Rogers Memorial Tower Fort Worth, Texas GILES Proposal No.: 4MP-1802010 ENGINEERING t 1SSOCIATES, INC. Page 3 of 3 Closing The individual or individuals who execute this agreement on behalf of the client warrant that they are duly authorized agents of the client. Please acknowledge receipt and acceptance of this proposal by signing and returning one copy for our files. Respectfully submitted, GILES ENGJINgERING ASSOCIATES, INC. Robert T. Duncan, AET Rodolfo Lomas, P.E. Supervisor- Construction Materials Testing Branch Manager ACCEPTED: PARKWAY CONSTRUCTION BY: (signature) (printed name) TITLE: DATE: Enclosures: Breakdown of Estimated Fees ©Giles F,ngineering Associates, Inc. 2018 Will Rogers Memorial Tower Fort Worth, Texas 4MP-1802010 AASH O A C C R E D I T E D FIELD TESTING SERVICES SERVICES DESCRIBED QUANTITY UNIT RATE COST CONCRETE IMAGING RADAR Concrete Imaging Professional 24 Hours $125.00 /Hour $3,000.00 Technician Helper 24 Hours $50.00 /Hour $1,200.00 Concrete Imaging Radar Equipment Fee(Daily Rate) 3 Days $75.00 /Day $225.00 Sub-Total for CONCRETE IMAGING RADAR Services $4,425.00 CONCRETE CORING Concrete Coring Subcontractor 1 $600.00 /Event $600.00 Concrete Technician-collect cores& patch holes 4 Hours $50.00 /Hour $200.00 High Strength Patch Material 1 Bag $20.00/Bag $20.00 Concrete Compressive Strength 3 Cores $40.00/Core $120.00 Sub-Total for CONCRETE CORING Services $940.00 REBOUND(SCHMIDT)HAMMER Concrete Testing per ASTM C805 16 Locations $25.00/Area $400.00 Sub-Total for REBOUND(SCHMIDT)HAMMER Services $400.00 MISCELLANEOUS Trip Charges-Mileage&tech time to/from site 4 Trips $100.00/Each $400.00 Sub-Total for MISCELLANEOUS Services $400.00 Sub-Total for Building Observations & Testing $6,165.00 PROFESSIONAL SERVICES SERVICES DESCRIBED QUANTITY UNIT RATE COST Final Report Preparation with Scanned Images 10 Hours $110.00/Hour $1,100.00 Engineering Consultations by PE 3 Hours $140.00/Hour $420.00 Engineering Consultations by PE 35 Grid Scans $50.00/Scan $1,750.00 Project Setup Fee(One time Fee) 16 Line Scans $30.00/Scan $480.00 Sub-Total for Professional Services $3,750.00 TOTAL ESTIMATE FOR PROJECT $9,915.00 ESTIMATE NOTES-ON-SI'Z'E OBSERVATIONS&TESTING 1) Concrete Imaging Services estimate based on 2-man crew. 2) Concrete Coring Services will be performed by an outside agency. The actual cost of the coring services will be charged at the cost invoiced to Giles plus 15% handling fee. 3) Rebound Hammer services will be perform at each CIR scan location after each scan is completed. 4) Project Managrement estimated all 0% of the technicians site time. 5) A written report will be provided summarizing all data obtained during the field visits. Scanned images will be provided, with notations showing reiforcment location, spacing, and coverage depth. 6) Trip charges are an all inclusive fee that includes tech travel time+vehicle mileage. Will Rogers Memorial Tower Fort Worth, Texas 4MP-1802010 .AASH,r A CC R KID IT E O GENERAL NOTES(APPLICABLE TO ALL SERVICES) Direct non-salary expenses for engineering and technical personnel charged at cost+ 15%. Engineering services transportation time charged portal/portal and automobile travel at$0.50/mile or$30.00 minimum,whichever is greater. Other modes of transportation charged at cost+ 15%. Normal construction monitoring services workday 7:00 a.m. to 5:00 p.m., overtime rates(150%)applicable for services performed outside these hours, over 8 hours per day, and Saturdays and Sundays. Holidays charged at 200%of the normal rate. Minimum monitoring fee of 3 hours per trip will be charged on all scheduled inspections,except Structural Inspections. Density Gauge Fees will be charged at half day(up to 4 hours)or full day(4+hours). Invoices submitted once a month during period of contract and/or at completion of our services. Payment is due 15 days after receipt of invoice. Invoices remaining unpaid beyond 30 days accrue interest at 1%2%for each month delinquent or at the maximum rate allowed by law. Reasonable attorney's fees incurred to collect over due invoices will be reimbursed at cost. Litigation required to collect over due invoices will be filed in and under the laws of Waukesha County,Wisconsin. Unit prices in this proposal remain in effect for 3 months after date of proposal and subject to change without notice thereafter. Unit prices are, however,subject to immediate change to comply with a prevailing wage rate,wage or benefit rate determination,wage substitution,or action by organized or union labor. R. L. Woods & Associates, LLC Structural and Forensic Engineering 1 151 W.Pioneer Pkwy Arlington,Texas 76013 817-277-6686 www.rlwaengineers.com May 10,2018 Ms. Debbie Fulwiler Clements of Architecture, Inc. 1201 6`"Avenue, Suite 100 I'ort Worth, TX 76104 Reference: Rehabilitation and Renovation of Tower Will Rogers Memorial Center tort Worth,"hX. Dear Ms. Fulwiler: R. L. Woods & Associates is pleased to provide this proposal to you for engineering services designed to evaluate the structural condition of the above referenced tower and to provide structural construction documents for the rehabilitation and renovation of the tower. The following conditions are understood: • The subject tower, constructed circa 1936, is a 209 foot tall tower with a cast-in-place concrete frame system. • Structural record drawings are available for the tower structure. • The tower has significant structural damage and distress to architectural finishes, especially at the Lipper levels,which may be partially attributable to excessive lateral sway. • Since the available record structural drawings do not identify the design concrete strength, testing will be required to determine in-place concrete strength. • Limited scan testing of the existing columns and beams are also recommended to confirm that as- built conditions are not significantly different from the design intent expressed in the Structural Drawings. Based on our understanding of the project, we propose the following scope of services and compensation: I. SCOPE—PHASE IA—DOCUMENTATION AND ANALYSIS A. Perform site observations, measure, and document visible portions of the building structure and compare to Record Drawings. B. Document locations of distress to be repaired. C. Produce a Revit model of the existing lower structural system. D. Perform a computer analysis of the tower structure and its anticipated behavior under current code mandated lateral loads(wind and seismic). E. Report findings on lateral structural integrity of the tower. II. SCOPE—PHASE 113—CONSTRUCTION DOCUMENTS A. Prepare Construction Documents (drawings and specifications) showing necessary structural repairs and any auxiliary structural strengthening required. III. SCOPE—CONSTRUCTION ADMINISTRATION A. Limited Construction Administration services to include response to RFPs, review of shop drawings, and periodic field examination of prepared surfaces to receive repairs and finished repairs. B. Up to seven Construction Observation visits are included in CA Services. 1V. LIMITATION OF SCOPE, The scope of our services does not include any other services not specifically listed in the scope of services above. IV. PROPOSAL ASSUMPTIONS: A. We plan to perform our services between 5:00 am and 5:00 pm on weekdays. V. COMPENSATION: We propose to perform these services for a stipulated sums as follows: Basic Services: $31,560 Any non-listed additional services requested (any services not specifically listed in scope of work above) will be billed based on hourly rates in accordance with the attached schedule for various personnel within our firm. This proposal is valid for projects initiated within 90 days from date of this proposal. If you are in agreement with this proposal, please prepare a standard AIA consultant agreement based on these terms. We look forward to working with your office on this project. 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, LLC Renate' L. Woods, P.F. Principal DI, NN H IIY ARCHITECTS 15 May 2018 Debbie Fulwiler, AIA Elements of Architecture, Inc. 1201 Ave, Suite 100 Fort Worth, Texas 76104 dfulwilerCa?elementsofarc.com RE: Pioneer Tower Renovations Fort Worth, Texas Dear Debbie: Dennehy Architects, Inc. is pleased to submit this proposal for the Pioneer Tower renovations at the Will Rogers Memorial Complex in Fort Worth, Texas. This scope of work is based on our discussion of the project and the documents provided to us at that meeting. PROJECT UNDERSTANDING: The Project consists of the restorations, repairs and lighting of the historic Pioneer Tower of the Will Rogers Memorial Complex in Fort Worth, Texas. As the project is listed on the National Register of Historic Places, interface is required with the Texas Historic Commission and the City of Fort Worth Preservation Office. Dennehy Architects will conduct the correspondence and coordination with the Texas Historic Commission(THC) and the City of Fort Worth Preservation Office(CoFW). Working with the design team we will document all required correspondence and filings with THC and the CoFW. We will coordinate meetings, correspondence and maintain meeting notes. We will participate in project meetings and presentations and maintain a clear line of documented communication with relevant parties thought the completion of the project. We estimate a total of 40 hours at billing rate of 125.00/Hr = $5,000.00 Fee: For the scope of work listed above, Dennehy Architects propose to carry out the regulatory coordination with the Texas Historic Commission and the City of Fort Worth Preservation Office for the following Fee: Architectural: THC and FW Preservation Officer Coordination: $ 5,000.00 Total: $ 5,000.00 l � l' �ige Payment Terms We will invoice on the project monthly as the work progresses. Reimbursable Expenses Reimbursable expenses will be in addition to the fee and will be passed on to you with no mark-up. These expenses include such items as mileage, printing, and postage and delivery services. We look forward to the opportunity to work with you on this exciting project. Please feel free to contact me with any questions you may have. We stand ready to commence work at your direction. Sincerely, Vim . Paul M. Dennehy, AIA President Dennehy Architects, Inc. 3464A Bluebonnet Circle Fort Worth, Texas 76109 CELL: 817-689-4287 E-mail: pmd@dennarch.com 2Pia4e 4summit fnil��ilntih, ler,a; if;1Q7 i i•9� h! (;r•nlis,l i xpl+.;:r;,,,ra� .`;tJl1,,(,3h CONSULTANTS , I NC . F)aWu,, I( ;"is www.summitmep.com May 14, 201 R Debbie Fulwiler Elements of Architecture, Inc, 1201 6"'Ave., Suite 100 Fort Worth, Texas 76104 Attn.: Debbie Fulwiler Re: WRMC Tower Renovation Gentlemen: Summit Consultants, Inc. (Summit) is pleased to offer the following proposal fat•the provision of engineering services for the referenced project. SCOPE OF SERVICES: BASIC SERVICES Summit will provide Mechanical, Electrical, Plumbing and Fire Protection design engineering services for the renovation of the existing WRMC tower located in Font Worth, TX, having an estimated construction cost of $1.1 Million. This proposal is based upon the scope discussed in prior meetings with Elements of Architecture as well as city personnel. Renovation will include the tower and spaces immediately below the tower. Scope includes design, layout and selection of new power, lighting& lighting controls, lightning protection for the tower, and roof drain work. Summit's design will include coordination and provisions of raceways for IT/Sccurity/I'elephone(design of those systems by others). For lighting, Summit will provide lighting calculations as needed, including footcandle calculations of exterior vertical and horizontal surfaces utilizing the architects plans and elevations. Summit will work with the architect and interior designer to select fixtures, spacing, layout, lumen output, lighting distribution and other details. Summit will also work with the artist/lighting designer for the artistic lighting which will be selected by the lighting designer. Summit will design power and control for these light fixtures. Summit's design will include a lightning protection system for structural protection of the tower, but not a complete UL Master Label system for the building. Summit's design will connect to existing utilities inside the building or to a point 5ft. Outside the building line. Mechanical I Electrical I Plumbing I Fire Protection I Commissioning Elements of Architecture May 14, 2018 Page 2 www.summitmep.com The fire alarm system design will be accomplished through the use of performance specifications by Summit for a design/build effort by a licensed fire alarm contractor. Basic Services will include the review of submittals and shop drawings for equipment and systems designed and/or specified by Summit. Basic Services will include up to (6) on site meeting(s) during design, (4) site observation(s) during design, and up to(5)site observation(s) by mechanical, plumbing and electrical disciplines during construction. Design phase or construction observation site visits beyond those specified in the basic scope of services are additional services. Job site observations shall consist of a visual observation of materials, equipment or construction work for the purpose of ascertaining that the work is in substantial conformance with the design intent of the contract documents. Others shall not rely upon jobsite review by the Engineer as an acceptance of the work, nor shall it be construed to relieve the Contractor in any way from his obligations and responsibilities under the construction contract. In regards to the existing facility, the purposes of Summit's site observations during the design phase are to review quantities, sizes of utilities/equipment and location of utilities/equipment. Summit will observe utilities/equipment to the extent possible with the exclusion of destructive testing or investigations. If existing equipment or utilities are to be re-used, Summit takes no responsibility or liability for the condition of subject equipment and/or utilities to be reutilized. Summit will complete the HVAC and electrical portions of applicable energy code reports if required. It is understood that these may not be needed since the tower is a historic building and it is not conditioned. If required by the city, the Architect will perform building envelope portions of the report. Drawings will be prepared using AutoCAD Release 2010 or Autodesk Revit Building Information Modeling(BIM)software. ADDITIONAL SERVICES (IF REQUESTED) See"Attachment C"for additional design services not included in the basic scope of services. ELEMENTS OF ARCHITECTURE WILL: Provide a copy of the client's agreement with the owner, known as the Prime Agreement (from which compensation amounts may be deleted) if Summit's obligations and liabilities are affected by the Prime Agreement. Provide building and site base plans in Revit 2017 or higher for use by Summit in preparation of engineering drawings. Perform or provide all required printing of plans and specifications for design coordination, submittal for code review,and bid packages. Mechanical I Electrical I Plumbing I Fire Protection I Commissioning Elements of Architecture ;1)" ,uiin�ul 11�u iw ".111C Y0 furitl�niii Ir-::a: Ir' i0? May 14, 2018 .1 1 1111,11 1 7,Ir1 day .`;ultr.0 ib Page 3 1)al ' i s911,1 www.summitmep.com Provide PDF files of all design team check sets,coordination and milestone issues. Advise Summit of the applicable building and design standards/design criteria. This includes but is not limited special occupancy classifications, building type and other special code related considerations. Provide a design schedule for the project and advise Summit of any revisions to the schedule which may occur. COMPENSATION FOR ENGINEERING SERVICES: Swnmit Consultants will be paid for Basic Services the stipulated sum of $28,000, plus reimbursable expenses tinges 1.1. Compensation for other Additional Services will be on the basis of direct salary cost tinges 2.9 plus reimbursable expenses tinges I.1. Please see Attachment B Hourly Billing Ranges for current total billing ranges for Sumluit personnel. Statements for services will be submitted monthly and will be due upon receipt. Accounts that are more than 45 days old will be charged interest at the rate of I%per month. The Basic Services fee payment schedule will be based upon a monthly estimate of completion of the work, not to exceed the following amounts at the specified phases of the project: PHASE AMT. DUE BASIC SERVICES ACCUMULATED FEE TOTAL Completion of Design Development $10,000 $10,000 Completion of Construction Documents $16,000 $26,000 Completion of Final Observation Visit&Report $2,000 $28,000 Additional Services fees will be billed monthly based on the percentage of completion of the Additional Servicc. TERMS AND CONDITIONS: Terms and conditions shall be as provided for and required by the prime agreement. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indicated and return an executed copy for our files. Mechanical I Electrical I Plumbing I Fire Protection I Commissioning Elements of Architecture 13riU'3II iI kt P,vt I Iu(- a•i -/ 1W !34I 1I �Nurllr, Iar.�is 76102 May 14,2018 414+ H t:"!wltal t XpI((:;sw ly ;;wilt:Wil) Page 4 l mlla VANW.sum mitmep.conl We deeply appreciate this oppotfiunity to be of service and look forward to working with you on this project. Sincerely, SUMMIT CONSULTANTS, INC. J—, L� James S. Ruse, P.E. Principal Accepted: ELF,MENTS OF ARCHITECTURE Debbie Fulwiler Date: Mechanical I Electrical I Plumbing I Fire Protection I Commissioning Attachmcnt C AVAILABLE ADDITIONAL SERVICES (IF REQUESTED) 1. Technician's Level Survey - Survey existing equipment and systems that are intended to be reutilized prior to Summit's design. The purposes of these surveys would be to verify and report on including but not limited to the following: proper grounding of circuits/panels, verifying continuity of electrical insulation, thermal imaging of panelboards/tr•ansfoi•mers, HVAC equipment inspection (bearings, insulation, refrigerant charge, fan and compressor life, etc.), underground utility location/depth identification, sanitary sewer scopes to determine condition, water heater inspection, valve condition, etc. Services would be provided through the use of a licensed HVAC technician/contractor, electrical contractor and plumbing contractor. Summit may subcontract this work under Summit's scope as an additional service in order to provide a turnkey solution. Since this is an investigative process, project schedules may be impacted by delays from technicians/contractors in the course of gathering information. 2. Modifications to existing utilities not included in the basic scope of service or outside the area of work. 3. Energy and/or economic analysis of alternative equipment or systems other than the work required to complete the mechanical and electrical portions of applicable energy code reports. 4. Existing building code assessments. As part of the basic scope of services, Summit will notify the client of existing code issues that directly impact the scope of work identified in the basic scope of services. 5. Revisions to previously approved plans and/or specifications. This includes any changes or incorporation of "VE" items requested by the client or their representatives after ldd% contract documents are issued. 6. If construction costs for the building design exceeds owner's available funds and redesign is required by Summit, then the cost for this redesign would be considered additional services. 7. Development of a set of as builts/record drawings based on the contractor's mark ups. 8. Leadership in Energy and Environmental Design (LEED) modeling or design incorporating any LEED certification goals. 9. Design and/or construction phase commissioning services for MEP&FP systems. M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FURT�TII COUNCIL ACTION: Approved on 6/12/2018 REFERENCE ** 21 PIONEER TOWER DATE: 6/12/2018 NO C-28724 LOG NAME: REHABILITATION DESIGN CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Architectural Services Agreement with Elements of Architecture, Inc., in the Not to Exceed Amount of$140,922.00, for the Rehabilitation of the Pioneer Tower at the Will Rogers Memorial Center(COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council Authorize Execution of an Architectural Services Agreement with Elements of Architecture, Inc., in the Not to Exceed amount of$140,922.00, for the Rehabilitation of the Pioneer Tower at the Will Rogers Memorial Center. DISCUSSION: Noted Fort Worth architect Wyatt C. Hedrick designed the 208 foot tall 'Pioneer Tower" and adjacent buildings of the Will Rogers Memorial Center for the Texas Centennial celebration in 1936. The tower is on the National Register of Historic Places. It stands as the centerpiece of the Will Rogers Memorial Center and of the Fort Worth cultural center. The tower is built of concrete framing, cladded with limestone and brick. The corners are accentuated with stepped pilasters, lighted lanterns and crowned with an aluminum cap. At the base of the tower there is a large room with a high domed ceiling and a bronze bust of Will Rogers. Originally the tower had a vertical strip of glass block which was back lit at night on all four sides. Over the years occasional movement and other forces placed stress on the block and many of them have broken. At some point in the past, rather than repair the block, the glass block was covered with aluminum louvers To repair the tower and back light the block, this Architectural Service Agreement will include the required services such as: • Historic Fabric Condition Assessment • Clean the exterior of the tower • Structural analysis to limit movement and isolate the glass block • Electrical Design for a new internal lighting system to backlight the glass blocks • Removal of existing aluminum louvers • Any associated architectural design • Preparation of Construction Documents • Construction Contract Administration A request for Statements of Qualifications (SOQ) was advertised in the Fort Worth Star-Telegram on April 12, 2018. The SOQs were due April 26, 2018. The City received 6 SOQs from qualified architectural firms, however one firm withdrew its SOQ because of their recently increased work load. The selection team included representatives of Public Events Department, M/WBE Office and Property Management Department. The firms submitting SOQs were: Arthur Weinman Architect BR Architects, Inc. Elements of Architecture, Inc. http://apps.cf-vvnet.org/council_packet/mc—review.asp?ID=25801&councildate=6/12/2018 6/14/2018 M&C Review Page 2 of 3 Hahnfeld Hoffer Stanford Komatsu-Rangel, Inc. dba Komatsu Architecture Wright Group Architects + Planners, P.L.L.0 After reviewing the SOQs, the selection team met on May 1, 2018, and selected 2 of the 6 firms for interviews based on their rankings in a qualifying matrix. The interviews took place May 7, 2018, and the following is a summary of the results of the interview process: Elements of Hahnfeld, Hoffer, Criteria Architecture, Inc. Standford, Inc. Staffing Experience on 20 20 Similar Projects Understanding of the Scope 27 24 & Budget Ability to Meet the Project 30 29 Schedule Understanding of Project 16 16 Technical Considerations TOTAL 93 ��89 Based on the review of SOQs and interviews, the selection team recommends that City Council authorize execution of an Architectural Services Agreement with Elements of Architecture, Inc. for rehabilitation of the Pioneer Tower. Estimated Costs: The estimated project costs for the Pioneer Tower Rehabilitation are as follows: PROJECT DESCRIPTION COST Design $140,922.00 Construction (Inc. 7.5% Owner's $1,075,000.00 Contingency Allowance) Project Management, Testing, Inspection, Surveying, Utilities, Contingency, etc. $248,000.00 PROJECT TOTAL $1,500,000.00 Operating -The Pioneer Tower Rehabilitation is projected to be complete in October of 2019, and is expected to have a negligible impact on the electrical use at the Will Rogers Memorial Center. MIWBE Office -A waiver for SBE subcontracting requirements was granted because subcontracting opportunities are negligible. Construction - this work is intended to be completed before the opening of the new Dickies Arena in November of 2019. In order to meet this aggressive schedule, staff has determined that the best practice is to select and hire a Construction Manager at Risk(CMAR) contractor to assist in the design phase and carry through to the construction phase and work with Elements of Architecture. Staff has issued an advertisement for CMAR firms. A contract for CMAR Pre-Construction services will be awarded administratively, and a recommendation to award construction services will be brought to City Council in or around August 2018. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25801&councildate=6/12/2018 6/14/2018 M&C Review Page 3 of 3 In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building and Trade Permit Fees are waived for this project. The Will Rogers Memorial Center is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available as appropriated of the Culture & Tourism Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5118) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1295 Form Executed Pioneer Tower.pdf Pioneer Tower.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25801&councildate=6/12/2018 .6/14/2018