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HomeMy WebLinkAboutContract 49559-A2 AMENDMENT NO. 2 TO AGREEMENT 04�o�& STANDARD AGREEMENT FOR PROFESSIONAL SERVICES OLD HEMPHILL ROAD DROP-OFF STATION ADDITION STATE OF TEXAS CITY SECRETARY CONTRACT NO. — a COUNTY OF TARRANT WHEREAS, The City of Fort Worth and Elements of Architecture, Inc., (Consultant) made and entered into City Secretary Contract No. 49559 (The Contract) which was authorized by the City Council by M&C Reference No.: C-28324, the 151h day of August, 2017, for Old Hemphill Road 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 Hemphill 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 "A", Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $139,552.00 including $6,700.00 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 amende in shall remain in full force and effect. 4 �n ®R® CITY SECRETARY FT. WORTH,TX CFW Std.Agreement for Prof.Services AMENDMENT(Rev. 16 Aug 2016) Page 1 of 2 Old Hemphill Drop-Off Station Addition—Sig nage/Secu rity/Construction Administration—Amendment No.2 May 2019 EXECUTED this the S30(- day of , 2019, in Fort Worth, Tarrant County, Texas Elements o rchitectur ' c. APPROVED: By: By: Deb le Fulwd er, AIA Jesus J. Chapa Presi Assistant City Manager APPWertyaVg ENDED: RECORDED: 7 By- By: terim Director ary er ent Department City Secretary APPROVED AS TO FORM AND LEGALITY: M&C Not Re ui ' no Contract Autho �• �`4 By: V O ro g �p Assistant CityAftorney s CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: &.0m A,, 6" Brian R. Glass, AIA Architectural Services Manager LLOFi�0AL RECORD . SECRETARY FT WORTH,TX CFW Std.Agreement for Prof.Services AMENDMENT(Rev. 16 Aug 2016) Page 2 of 2 Old Hemphill Drop-Off Station Addition—Signage/Security/Construction Administration—Amendment No.2 May 2019 ATTACHMENT "C" ELEMENTS 1201 & Ave, Suite 100 of Architecture, Inc. Fort Worth,Texas 76104 Phone 817.333.2880 Fax 817.333.2883 January 14, 2019 Alfonso Meza City of Fort Worth 401 West 13th Street Fort Worth, TX 76102 Re: Proposal for Hemphill Drop Off Center — Additional Services 01 REVISED 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, Debbie Fulwiler, AIA President T- 1 11E S ADDITIONAL SERVICES Toffes En ineerin Inc PROPOSAL 9 9Seryices, Proposal No: 1530-ASA01 Project: Old Hemphill 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 R. L. Woods & Associates, LLC Structural and Forensic Engineering 1151 W. Pioneer Pkwy Arlington, Texas 76013 817-277-6686 www.rlwaengineers.com January 11, 2019 Ms. Debbie Fulwiler Elements of Architecture, Inc. 1201 6th Ave., Suite 100 Fort Worth, TX 76104 Reference: CoFW Drop off Center—Old Hemphill site. Fort Worth, Texas Additional Services— Site Observations/Report Dear Ms. Fulwiler: R L Woods & Associates, LLC is pleased to provide this proposal for additional site observations for the above referenced facility. We understand that the effort 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 I 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 Old Hemphill 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. CARRILLO 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.