HomeMy WebLinkAboutContract 49560-A2 �,p'l2a AMENDMENT NO. 2 TO AGREEMENT
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
SOUTHEAST (MLK) DROP-OFF STATION ADDITION
STATE OF TEXAS
CITY SECRETARY CONTRACT NO. ASLO -A,
COUNTY OF TARRANT
WHEREAS, The City of Fort Worth and Elements of Architecture, Inc., (Consultant)
made and entered into City Secretary Contract No. 49560 (The Contract) which was
authorized by the City Council by M&C Reference No.: C-28324, the 15th day of August,
2017, for Southeast (MLK) Drop-Off Station Addition; and Amendment No. 1 was
administratively executed in the amount of $3,750.00 for revisions to the PD site plan;
and
WHEREAS, further amendment is necessary to reimburse the Consultant as part of the
design services agreement for additional signage design services, security
modifications to existing site surveillance, and additional construction administration
services due to changes in the construction sequence. This additional request is
directed by the Code Compliance Department.
NOW THEREFORE, City and Consultant, acting herein by and through their duly
authorized representatives, enter into the following agreement which amends the
Contract:
1.
Article I — Scope of Services, Paragraph (2) shall be added to read as follows:
(2) Provide additional design & construction administration services for the Drop-Off
Station. The cost of this additional service is $36,986.00 without additional
reimbursable expenses. The scope of services is described more fully in
Elements of Architecture, Inc. Letter dated January 14, 2019, subject: "Proposal
for MLK Drop-Off Center — Additional Services 01 Revised, Signage and Security
Modifications and Change in CA Phase Scope.
2.
Article II — Compensation, first paragraph, is amended as follows:
"Consultant shall be compensated in accordance with the Fee Schedule shown
in Attachment "C". Payment shall be considered full compensation for all labor,
materials, supplies, and equipment necessary to complete the services
described in Attachment "C". However the total fee paid by the City shall not
exceed a total of $140,502.00 including $3,700.00 in reimbursable expenses
unless the City and the Consultant mutually agree upon a fee amount for
additional services and amend this Agreement accordingly."
3.
All other provisions of this Contract which are not expressly amended herein shall
remain in full force and effect.
RECORn
SE
CFW Std.Agreement for Prof.Services AMENDMENT(Rev. 16 Aug 2016) Page 1 of 2
Southeast(MLK)Drop-Off Station Addition—Signage/Security/Construction Administration—Amendment No.2 May 2019
EXECUTED this the day of ! , 2019,
in Fort Worth, Tarrant County, Texas
Elements o Architecture nc. APPROVED:
By: By:
Debbie ulwile , AIA Jesus J. Chapa
President Assistant City Manager
APPROVAL R MENDED: RECORDED:
By: By:
o e V es, nterim Director ary ser
Prop rty a ag ent Department City cr` ry .b
FOPY
APPROVED AS TO FORM AND LEGALITY: M&C Not Re u'
U
Contract Authoriz
By:
ohn B. Strong
Assistant City A rney AS.
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: AM�,
Brian R. Glass, AIA
Architectural Services Manager
N
RECORDRETARYRTH,TX
CFW Std.Agreement for Prof.Services AMENDMENT(Rev. 16 Aug 2016) Page 2 of 2
Southeast(MLK)Drop-Off Station Addition—Signage/Security/Construction Administration—Amendment No.2 May 2019
ATTACHMENT "C"
ELEMENTS 1201 6'h Ave, Suite 100
of Architecture, Inc. Fort Worth,Texas 76104
Phone 817.333.2880
Fox 817.333.2883
January 14, 2019
Alfonso Meza
City of Fort Worth
401 West 13th Street
Fort Worth, TX 76102
Re: Proposal for MLK Drop Off Center—Additional Services 01 REVEED
Signage and Security Modifications and Change in CA Phase Scope
Dear Alfonso;
Elements is pleased to provide to you this proposal for services associated with the following change in scope:
1. Changes to the sign execution and the security requirements as per previous meetings and discussions.
2. Change in the CA Phase of the project from all three drop-offs being constructed concurrently to each
being an independent/phased construction project on its own schedule
3. Change in construction schedule and phasing of the work such that the Drop-Off Center can remain
operational for as much time as possible. This also includes coordination of permits for each building.
4. Addition of record documents to our design team's scope.
Sign and Security Modifications Include the following:
Services included within this proposal are additional coordination of these efforts as well as design of the sign
and modification to CDs to implement the sign and security changes. Additionally, we anticipate services during
construction for coordination and review of submittals and other questions that may arise. We have also included
several meetings with the city regarding possible variances and approvals, however at this time we understand,
and our fee/proposal assumes, that a variance will not be required. Note that we have not included submittal of
the signage package to the city for approval, but that this will be a part of the GCs scope with the sign company.
Only services for Elements are included in this task.
Construction Administration Phase change in scope includes the following:
Services are added to this phase of the project based on duration anticipated for construction of 6 months for this
project, and the request for bi-weekly OAC meetings. As all three of these projects are now independent and not
concurrent, we have anticipated the additional time associated with submittal reviews as well as other
coordination items during construction associated with this change. Only services for Elements are included in this
task.
Construction Phasing for Center to remain operational includes the following:
Based on the users concern with closing the center for construction, we understand that the direction is to phase
the work at the center such that minimal closure is required. This will now mean that additional site observations
will be required of the design team with the anticipation that the office, the swap shop area and the site goodwill
area will all be done sequentially. In addition, the city has determined that each building will be a separate
permit. Note that this task includes consultant services as listed below:
COFW Drop Off Center-Add Services 01
January 14, 2019
Page 2
RLW— Structural Engineering (650 x 1.1) $ 715
TES — MEP Engineering (1,600 x 1.1) $ 1,760
Carrillo— Civil Engineering (3,000 x 1.1) $ 3,300
Elements 6,100
Total Task $1 1,875
Addition of Record Documents to our design team:
Based on information provided to the GC, we understand that the expectation is for our team to provide updated
documents based on the contractor's as-builts in the form of Record Documents. While we will attempt to keep
the construction documents current with changes as requested, it is not possible for us to identify all changes that
occur during the construction phase. Our record documents will be based on the as-builts provided by the GC.
Note that this task includes consultant services as listed below:
RLW— Structural Engineering (840 x 1.1) $ 924
TES — MEP Engineering (520 x 1.1) $ 572
Carrillo— Civil Engineering (1,500 x 1.1) $1,650
Elements $2,265
Total Task $5,41 1
TOTAL PROPOSED FEE
We propose to provide our services as identified in this proposal on an hourly basis with the not to exceed
amounts as follows:
Sign and Security Modifications $ 6,830
CA Phase Scope — not concurrent with each center $ 12,870
Construction Phasing - remain operational $ 11,875
Record Documents 5,411
TOTAL ADDITIONAL SERVICES 01 $ 36,986
PROJECT TEAM
The design team remains the same with Torres, RL Woods, Carrillo and Elements with all firms being SBE firms.
If this proposal meets with your approval, we would anticipate an amendment to our contract for our services
identified within this proposal. If you have any questions regarding this proposal or need to discuss, please call
me. Thank you.
Sincerely,
t y
Debbie Fulwiler, AIA
President
TTES ADDITIONAL SERVICES
Torres Engineering Sendces,Inc
PROPOSAL
Proposal No: 1531-ASA01
Project: MLK Drop Off Center
Date: 01/07/19
Customer: Elements of Architecture, Inc.
1201 6th Avenue
Fort Worth, TX 76104
Attention: Debbie Fulwiler
ADDITIONAL SERVICES
Torres Engineering Services, Inc. is pleased to offer the following additional services
proposal for mechanical, electrical and plumbing engineering services for ....
The following are the additional services included in this proposal:
1. Provide (2) two additional site visits during construction for a total of four.
2. Provide record drawings.
COMPENSATION
The compensation for engineering services in this proposal is $xxx (xxx Hundred Dollars
00/100).
Phase Amount
(2) Additional Site Visits $1,600.
Record Drawings $520.
TOTAL $2,120.
ACCEPTANCE
Along with this proposal, Torres Engineering Services, Inc. also agrees to the terms
established between the City of Fort Worth and Elements of Architecture, Inc. in the
contract document "Annual Architectural Agreement: Elements of Architecture, Inc."
executed with the City of Fort Worth October 9, 2006. Torres Engineering Services, Inc.
appreciates the opportunity to work with you on this project and looks forward to the
design and construction phases of this facility. Diligent efforts shall be made to
coordinate with other disciplines.
If the terms associated with this proposal are acceptable to you, please sign and return a
signed copy to me. Your signature below will provide acceptance to this proposal.
Submitted by, Accepted by,
Roberto Torres, President Debbie Fulwiler, AIA
TES Elements of Architecture, Inc.
8237 Delafield Dr. FortWorth, • phone 682.556.0848 fax 817.345.355,'�-
R. L. Woods & Associates, LLC
Structural and Forensic Engineering
1151 W. Pioneer Pkwy Arlington,Texas 76013 817-277-6686 www.rlimaengineers.com
January 11, 2019
Ms. Debbie Fulwiler
Elements of Architecture, Inc.
1201 6'6 Ave., Suite 100
Fort Worth, TX 76104
Reference: CoFW Drop off Center—MLK site.
Fort Worth, Texas
Additional Services— Site Observations/Report
Dear Ms. Fulwiler:
R L Woods & Associates, LLC is pleased to provide this proposal for additions and
improvements to the above referenced facility. We understand that the project will consist of the
following:
• Review construction progress on the site.
• Generate Record Documents
I. SCOPE
1. Provide 2 site visits & generate a report for each.
2. Provide Record Documents.
II. LIMITATION OF SCOPE
Our scope of services includes only those services specifically included above.
III. PROPOSAL ASSUMPTIONS:
1. We plan to perform our services between 8:00 am and 5:00 pm on weekdays.
IV. COMPENSATION:
We propose to perform these services for a stipulated sum of$1,490:
2 ADDITIONAL SITE VISITS: $650
RECORD DOCUMENTS: $840
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
David E. Owens, P.E.
Associate
AMENDMENT NUMBER ONE TO THE AGREEMENT BETWEEN
THE CLIENT AND CARRILLO ENGINEERING, LLC
AMENDMENT NUMBER 1 DATED January 10, 2019 to the agreements between
Elements of Architecture, Inc. ("Client") and Carrillo Engineering, LLC ("Consultant") dated
November 21, 2016 ("the Agreement") concerning the City of Fort Worth Martin Luther King-
Southeast Drop-off Center(the "Project").
The Consultant has entered into the Agreement with the Client for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Consultant and provisions for additional compensation by the Client to
the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of
the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.
CLIENT:
ELEMENTS OF ARCHITECTURE, INC. CARRIL,LO ENGINEERING, LLC
By: By:
Title: Title: Managing Member
Exhibit A to Amendment Number One dated
January 10, 2019
Carrillo Engineering, LLC shall perform the following Additional Services:
Task 1—Additional Construction Phase Services $3,000 (Lump Sum)
The original agreement for civil engineering services included a limited amount of construction
phase services.
We understand the construction will now be phased and has been divided up into administration
building, storage canopy, and goodwill station, resulting in the need for additional construction
phase services effort.
The Consultant will provide additional professional construction phase services as specifically stated
below as requested by the Client or City:
Visits to Site and Observation of Construction. Consultant will provide additional on-site
construction observation services during the construction phase. Consultant will make up to two
(2) additional visits at intervals as directed by Client in order to observe the progress of the Work.
Such visits and observations by Consultant are not intended to be exhaustive or to extend to every
aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective
measurement, and similar methods of general observation of the Work based on Consultant's
exercise of professional judgment. Based on information obtained during such visits and such
observations, Consultant will evaluate whether Contractor's work is generally proceeding in
accordance with the Contract Documents, and Consultant will keep Client informed of the general
progress of the Work.
The purpose of Consultant's site visits will be to enable Consultant to better carry out the
duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide
Client a greater degree of confidence that the completed Work will conform in general to the
Contract Documents. Consultant shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall
Consultant have authority over or responsibility for the means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to
comply with laws and regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in accordance with the
Contract Documents.
Recommendations with Respect to Defective Work. Consultant will recommend to Client
that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such
observations, Consultant believes that such work will not produce a completed Project that
conforms generally to Contract Documents.
Clarifications and Interpretations. Consultant will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of the
Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by Client.
Change Orders. Consultant may recommend Change Orders to Client, and will review and
make recommendations related to Change Orders submitted or proposed by the Contractor.
Shop Drawings and Samples. Consultant will review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other data which Contractor is
required to submit, but only for conformance with the information given in the Contract
Documents. Such review and approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-
equal" materials and equipment proposed by Contractor in accordance with the Contract
Documents, but subject to the provisions of applicable standards of state or local government
entities.
Inspections and Tests. Consultant may require special inspections or tests of Contractor's
work as Consultant deems appropriate, and may receive and review certificates of inspections
within Consultant's area of responsibility or of tests and approvals required by laws and regulations
or the Contract Documents. Consultant's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents and will not
constitute an independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to
rely on the results of such tests and the facts being certified.
Disagreements between Client and Contractor. Consultant will, if requested by Client,
render written decision on all claims of Client and Contractor relating to the acceptability of
Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to
the progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not
show partiality to Client or Contractor and shall not be liable in connection with any decision
rendered in good faith in such capacity.
Substantial Completion. Consultant will, promptly after notice from Contractor that it
considers the entire Work ready for its intended use, in company with Client and Contractor,
conduct a site visit to determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items with the exception of those
identified on a final punch list. If after considering any objections of Client, Consultant considers
the Work substantially complete, Consultant will notify Client and Contractor.
Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to
determine if the completed Work of Contractor is generally in accordance with the Contract
Documents and the final punch list so that Consultant may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a
notice that the Work is generally in accordance with the Contract Documents to the best of
Consultant's knowledge, information, and belief based on the extent of its services and based upon
information provided to Consultant upon which it is entitled to rely.
Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions
of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop
the work of any Contractor.
The budget for this task is based on up to 20 additional hours of Construction Phase
Services. If requested, additional effort will be considered additional services.
Task 2-Record Documents $1,500 (Lump Sum)
As required by the City or Client, the Consultant will compile and deliver a reproducible set of
Record Drawings based upon the mark-up record drawings, addenda, change orders and other data
furnished by the Contractor. These Record Drawings will show significant changes made during
construction. Because these Record Drawings are based on unverified information provided by
other parties, which the Consultant shall assume will be reliable, the Consultant cannot and does
not warrant their accuracy.