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HomeMy WebLinkAboutContract 51504 CITY SECRETARY CONTRACT NO. O CITY OF FORT WORTH, TEXAS 1A AGREEMENT FOR ARCHITECTURAL SERVICES oLFs�c� Park Maintenance Facility Phase II This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Quorum Architects, Inc., authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as: Park Maintenance Facility Phase II. 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 Park Maintenance Facility Phase II. 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 and/or suppliers that has not been ordered in writing. It is specifically agreed that Standard Architectural Agreement OFFICIAI.7 O&D CITY SECRETARY FT. WORTH,TX 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 $8,400,000.00. 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 $726,000.00 (incl. $7,000.00 reimb.) 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 7/2/2018 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 30- months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. In the event construction services extends beyond the 18 months, an equitable adjustment to the Architectural Services Contract Sum will be made by Amendment. Article IV Independent Contractor Architect shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Architect shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior Standard Architectural Agreement 7/2/2018 3 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: David Duman, AIA Project Manager: David Duman, AIA Project Architect: William Moore, AIA The Architect may not change key personnel without the City's written approval. (2) Programming and Schematic Design Phase: Standard Architectural Agreement 7/2/2018 4 a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. c. The Architect shall become familiar with the City's document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into all phases of the work. d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. f. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. (3) Design Phase: a. The Architect shall perform all services necessary to complete the design and secure a construction permit, including all services necessary to survey, plat, prepare and vacate easements and address any other property issues. b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. d. The Architect shall prepare the design in two stages as follows: i. Design Development Phase: Preparation of architectural, civil, iSWM, structural, MEP plans, principal elevations, site plans, cartoon set, selection of principal equipment and finishes, and discipline-based opinion of probable construction costs. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase. ii. Construction Document Phase: Preparation of details, architectural, structural, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed opinion of probable construction costs. e. Drawings at all stages of design will have the following characteristics: scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, site plans for all disciplines will be at same scale. f. The Architect shall provide such service as may be necessary for the building Standard Architectural Agreement 7/2/2018 5 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 stay within the Construction Budget in order to rebid the Project. If the City Standard Architectural Agreement 7/2/2018 6 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 7/2/2018 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 7/2/2018 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 VIII Insurance (1) Architect shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate limit Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease-each employee Professional Liability Insurance $1,000,000 Errors & Omissions $2,000,000 Annual Aggregate (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Architect's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Architect's insurance policies. Standard Architectural Agreement 7/2/2018 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 7/2/2018 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 7/2/2018 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 7/2/2018 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 7/2/2018 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 76103 Architect: Quorum Architects, Inc. Attn: David Duman, AIA 707 w Vickery Blvd., Suite 101 Fort Worth, Texas 76102 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 7/2/2018 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 0— day oW , 2018. BY: BY: CITY OF FORT WORTH ARCHITECT Architects, Inc. uorum a /w - dz��� Jesus J. Chapa David Duman, AIA Assistant City Manager Principal Date: Date: L • 7, • l APP C MMENDED: By / r en b s, Interim Director P o e Ni agement Department APPROVED AS TO FORM AND M&C No.: C-28860 LEGALITY By: M&C Date: September 25, 2018 ohn B. Str B ).1c15- Assistant City_ orney ,-F4RTp r0: o� ATT U M J. er City Secre ary itos 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: &W-04�, /21 G(Cw, 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 OFFICIAL7MMD 15 CITY SECRETARY 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 7/2/2018 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:tP&-41 b 'bvM16+14 P sition: f fnc Signature 2. Name:bou& $-t~ -i Position: Signa ure 3. Name: Position: Signature Name: �L, Mdlitl Signature of President/CEO Other Title: Date: d• 2�[ Standard Architectural Agreement OFFICIAL t � 2 CITY SECRETARY FT. WORTH,TX Quorum Design. Spaces. People. June 5,2018 Brian R.Glass,AIA Architectural Services Manager Property Management Department City of Fort worth 401 W 13th St Ft Worth,Texas 76102 RE: Park Maintenance Facility,Phase 2 Quorum Project No.17056.01 Brian: We are pleased to respond to your request for a proposal for Architectural Services for Phase 2 of the Park Maintenance Facility at 5199 James Ave. Our fee is based on utilizing much of the data gathered In our initial needs assessment and master plan development,as well as Phase 1 thereby allowing us to move directly into Schematics using the data previously gathered. The general project scope used as a baseline to develop our Basic services and fees Includes the following: • New buildings for Trades,South,Graffiti,and Athletics Divisions. Right now we anticipate 5 separate structures,but the main building shown,may end up being two buildings • New pavement for additional POV parking • New pavement for north drives • Pavement for new service yard area(east portion of site) • Possibility of replacing existing access drive with a new drive. • 11,000 sf of unconditioned building • 7,540 sf of conditioned building • 720 sf of ventilated/heated building(chemical storage spray rig storage • 1,210 sf weld building. • 4,800 sf of covered storage structures • Single bay Drive-through Equipment/vehicle wash building and associated pavement.(manual wash equipment) • Additional pavement for Athletics storage,Trades playground storage. • Landscaping/Irrigation for this Phase • Sidewalks associated with added buildings(not shown on plan yet) • New flag pole and site lighting. Generally the work will include redevelopment of southwest portion of the site designed with fire lanes,parking, and open storage areas which are all to be designed to blend with the Phase 1 development currently in for permitting. our scope currently does not Include asbestos abatement or other hazardous material testing or abatement but does include demolition of existing structures. Therefore the City will need to facilitate hazardous material abatement prior to contractor demolition of the structures.We anticipate the following scope: Architecture interior Design-r 1707 W Vickery Blvd Su@e 101 Fort Worth Texas 76104 USA ph 817 738 8095 N 817 738 9524 + WWWAarch.com 1. Architectural—Quorum,along with consultants,will provide Architectural,Structural, MEP and site civil, design,bidding,and Construction Administration services. We anticipate generally following the program of spaces previously developed by Quorum Architects. Architect shall work with the City's selected CMAR throughout design and construction.For the purpose of developing our fee we have anticipated a construction time period of 11 months and included 32 site visits by Quorum Architects averaging 2 per month for normal construction meetings plus ten other specific construction meetings. We have also included 12 site visits by the civil engineer,6 by MEP,and up to 20 by the structural engineer. 2. Civil and site Engineering — Quorum, through the use of consultants will provide the following civil engineering,and related site design services as part of Basic Services: Task 1.1—Sheet Layout and Keymap Task 1.2—General Notes:Water,Wastewater,Stam,Paving Task 1.3—Project Control Task 1.4—Demolition Plan Task 1.5—Site Plan Task 1.8—Coordinate Control Plan Task 1.7—Existlng Drainage(Hydrology) Task 18—Proposed Drainage(Hydrology and Hydraulics) Task 1.9—Grading Task 1.10—Water Utility Plan and Profiles Task 1.11— Wastewater Utility Plan and Profiles Task 1.12—Stam Drain Utility Plan and Profiles Task 1.13—Utility Details Task 1.14—Paving and Jointing Task 1.15—Pavement Signage and Marking Task 1.18—Paving Details Task 1.17—Erosion Control Plan/SWPPP Task 1.18—ISWM Permitting/Grading Permit/Building Permit Task 2.1—Review and coordinate Topographical Services with Phase 1 construction Task 2.2-Tree Survey Task 3.1—Preconstruction Meeting Task 3.2—Site Visits(12 Included) Task 3.3—Shop Drawing Review COMPENSATION 1. Compensation for Architectural Services is proposed to be a lump sum fee of Seven Hundred nineteen thousand dollars($719,000),plus $7000 for expenses. The lumps sum fee includes MEP,structural, civil engineering,Landscape and Irrigation,surveying,ISWM coordination,and Hydraulic calculations. 1. BASIC SERVICES a. Schematic Design $90,750 b. Design Development $121,000 c. Construction Documents $211,750 d. Bidding $30,250 e. Construction Administration $151,250 Total Basic Services $605,000 2. SPECIAL SERVICES a. Civil Engineering $81,950 b. Survey,ISWM,Hydraulics $22,550 c. Landscape Architecture $7,000 d. TDLR review and Inspection ,2 500 Approx.Total Special Services $114,000 Estimated reimbursable expenses-$7000 Page 2 of 3 3. The anticipated SBE consultant participation is 28ado for this contract. We anticipate direct expenses to be limited to printing and reproductions of Documents and Renderings Including 5 sets for permitting and architectural services(CMAR will print construction sets)and mileage. We suggest an amount of$7,000 for reimbursable expenses as indicated above. SCHEDULE Assuming an approximate start date of August 2018, Quorum will endeavor to complete Schematic Design and Design Development in 8 weeks for each phase,8 weeks for CD's,plus 2 weeks in each phase for review for a total design time of 32 weeks or approximately 8 months. This proposed schedule may be affected by the various entities Involved In the review and approval process Including City of Ft Worth and the various departments reviewing the documents. ADDITIONAL INFORMATION Quorum Architects, Inc. will provide the client with architectural services as required and agreed upon for satisfactory and normal completion of this project. The architect shall exercise usual and customary professional care in his efforts to comply with those laws,codes,ordinances,and regulations,which are In effect as of the date of this agreement. in performing Architectural Services, the Architect will to use that degree of care and skill ordinarily exercised under similar circumstances by competent members of the architecture profession. Notwithstanding compliance with this standard of care,the City can normally anticipate that some changes and adjustments in the project will be required either during or after construction. The City agrees to establish a construction contingency fund of no less than 7.5010 of the estimated construction cost to cover the reasonably anticipated costs of these changes and adjustments as well as,changes due to code revisions and field conditions. Texas law requires registrants to provide all clients with the following written statement "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942,(512)305-9000,has jurisdiction over Individuals licensed under the Architect's Registration Law,Texas Civil Statutes,and Article 249a". HAZARDOUS MATERIALS The Architect and their consultants shall have no responsibility for the discovery, presence,handling, removal or disposal of or exposure of persons to hazardous materials In any form at the Project site. The owner shall obtain a hazardous material evaluation,prior to beginning any demolition or construction on site. Sincer* Digitally signed by David Duman �M Date:2018.07.0313:40:18.05'00' David G.Duman,AIA Quorum Architects,Inc. TX Registration#14305 Page 3 of 3 M&C Review Page lo[2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTI'VoRTH COUNCIL ACTION: Approved on 912512018 REFERENCE 21PARD CONSOLIDATED DATE: 9/25/2018 N�� . �C-28880 UO�S �J��H0E: SERVICECENTER '' ARCH|TECTURAL - PHAGE || PUBLIC����[�E' C TYPE: CONSENT NO ' ' HEARING: SUBJECT: Authorize Execution of an Architectural Gen/ioeo Agreement with Quorum Architects, Inc., in the Amount of$726,000.00 to Provide Design and Construction Administration Services for Phase || of New Consolidated Service Center Located at the Existing Park and Recreation South Service Center, 5199 Jonnea Avenue (2018 Bond Program) (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an architectural services agreement with Quorum Architects, Inc., in the amount of$726,000.00 to provide design and construction administration services for Phase || of New Consolidated Service Center |000bad at the existing Park and Recreation South Service Center, 5199 James Avenue. DISCUSSION: The realignment of Crestline Road to improve Trail Drive required the relocation of the Park and Recreation Department's (PARD) Crestline 8en/ioo Center to the existing James Avenue facility. This is being accomplished as port of Phase | of this project. The existing maintenance facilities are located in buildings that were constructed as military barracks during World VVor ||. These two story structures were never intended to last 80 yeors, and have outlived their usefulness. The upper floors have been condemned. Phase || of this project will demolish these structures and provide new facilities to complete the relocation of the various services to this new consolidated facility. On July 20. 2017. the City Council authorized the execution of an Architectural Services Agreement with Quorum Architects, Inc., for the design of Phase | of this project (M&C C-28283). Based on their experience and knowledge of the Phase | work, Quorum Architects, Inc., is the best qualified firm to provide the required architectural services for Phase || of this project. Activities from these facilities have been moved to temporary locations across the City. Phase | of this project hos been designed and is at the start of construction. As port of the City's 2018 Bond Program, Phase ||, design and construction was approved. Therefore it is recommended that the City Council authorize the execution of an Architectural Services Agreement with Quorum Architects, Inc., to provide design and construction administration aen//oes for Phase // of this new Consolidated Service Center. The overall Phase || project costs are expected to be as described in the table below: 1PARD CONSOLIDATED SERVICE CENTER - Phase 11 11 TOTALS lEngin ering Design Services $726,000.00 Project Management, Bid Advertisement, Design Contingency, $60,000.00 Phase 11 - Design P 1 $786 1000-001 hnn://appa.cfpnCt.or»/couuci|_packCt/nlc_rCviCvv.xap?lL)~~259h2&counci|da1C=9/25/2Ol8 10/29/2018 M&C Review Page 2 of 2 Construction Contract (including 7.5 percent of Base Bid as ( $8,400,000.00 Owner's Construction Allowance) Project Administration Cost: Project Management, Materials $1,914,000.00 Testing, Site Utilities, IT, FIFE, Contingency, Etc. Phase II - Construction Phase Total $10,314,000.00 PHASE II PROJECT TOTAL $11,100,000.00 Funding Sources: Phase II is funded through the 2018 Bond Program. MIWBE OFFICE: Quorum Architects, Inc., is in compliance with the City's BIDE Ordinance by committing to 28 percent SBE participation. The City's SBE goal on this project is 15 percent. In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building, Trade Permit and Urban Forestry Fees are waived for this project. The facility is to be located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available as appropriated of the 2018 Bond Program. 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 ID 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 CRESTLINE MOVE TO JAMES b.pdf Form 1295 Certificate 100389709 - signed QAI.pdf Quorum Form 1295 Signed.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=2 5 962&councildate=9/2 5/2018 10/29/2018