HomeMy WebLinkAboutContract 52547 -
7
CITY SECRETARY,—
CE\�1 CONTRACT NO.,
CITY OF FORT WORTH' TEXAS
AGREEMENT FOR ARCHITECTURAL SERVICES
SYCAMORE COMMUNITY CENTER -
RENOVATION and REHABILITATION of EXISTING FACILITY
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.. Sycamore
Community Center— Renovation and Rehabilitation of Existing Facility.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Services: Limited only to the Facility Assessment
portion of defined 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 Sycamore Community Center —
Renovation and Rehabilitation of Existing Facility. 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 agree a
Architect shall not be compensated for any alleged additional \Ai4k resufting ,
Standard Architectural Agreement(01 July 2019) Page 1 of 1
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility '® � K. July 201
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 $1,900,000.00.
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 $31,500.00 including $2,000.00 for reimbursable expenses
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%
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.
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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.
(7) Upon completion, the Architect may, at its option, utilize the Project to qualify for
the Energy Efficient Commercial Building Federal Tax Deduction (179D) as
permitted under IRS guidelines. If requested, the Owner shall acknowledge the
Architect as the "Designer" of the Project by completing an allocation form (that
Architect will provide) and shall allow the Architect's independent third-party
evaluation firm (and its licensed inspector) reasonable access to perform a one-
time, on-sire inspection and certification of the Project's HVAC, interior lighting
and/or building envelope systems.
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
shall not apply as between City and Architect, its officers, agents, employees, consultant,
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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.
(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.
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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
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
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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
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
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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.
(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) Alfonso Meza 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.
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(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.
(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
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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.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services
Manager, 401 West 13t" 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.
Cl. 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.
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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.
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
Standard Architectural Agreement(01 July 2019) Page 10 of 16
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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
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.
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Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
Article XIV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
Article 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(01 July 2019) Page 12 of 16
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
immediately terminate this Agreement for violations of this provision by Vendor.
Article XVIII
House Bill 89
GE)RtFaGtE)F aGknowledges that in aGE;erdanGe with GhapteF 2270 ef the Texas Government
Code, the City is prehibited from enteFing inte a GentraGt with a GOFFlpany f9F gGeds or
does not bE)YGO# Israel; and (2) will not beyGo# Israel duFing the teFm of the Gentrart. The
teFms "bE)YGE)tt Israel" and "GOMpany" shall have the rnep—i— --mbed to these_ terms On
Gertifies that GentraGtGF'S signature provides writteR verifiGatiGn tO the City that GORtFaGteF:
(1) does not bGYGG# Israel; and (2) will not bGYGE)tt Israel dwFing the term of the GontraGt.
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:
Elements of Architecture, Inc.
Attn: Debbie Fulwiler, AIA
1201 6th Avenue, 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(01 July 2019) Page 13 of 16
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019
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.
tt
Executed and effective this the 15 t"� day of u l 12019.
BY: BY:
CITY OF FORT WORTH ARCHIT
Eleme Arc ite e, Inc 1
Kevin bunn Debbie Iler, AIA
Interim Assistant City Manager President
Date: 711/26 Date: —? c3 l
APPROVAL RECOMMENDED:
By:
/9r Roger Venables, Inteffn Director
Property Management Department
APPROVED AS TO FORM AND M&C No.: Not Required
LEGALITY
By:_ -' - M&C Date:
J,o n B. Strong
Assistant City�Attorney F0&
ATTESC�:
Mary J. Kayser rT
Y
City Secretary
e.
�'a �N`jD�,�'fit••' !e
CONTRACT COMPLIANCE MANAGER: By signint aeknoGiledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring all performance and reporting requirements.
By: PA14."CAAAA,
�� Cq&no
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.
OFFICIAL RECORD
CITY SECRETARY
Standard Architectural Agreement(01 July 2019) FT. RAI'OR�r�' O
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility u y'1
Attachment "A"
Cof�
EMENTS
chitecture,, Inc.
May 17, 2019
Mr.Alfonso Meza
City of Fort Worth
401 West 13th Street
Fort Worth, TX 76102
Re: Proposal for A/E Services — Sycamore Community Center
Facility Assessment and Programming
Dear Alfonso;
Elements is pleased to provide to you this proposal for services associated with review and assessment of the
existing Sycamore Community Center. For this assessment we have engaged our team as proposed to include
BHB for MEP and Civil Engineering and RLW for Structural Engineering.
For our services for this assessment, we will review all of the seen conditions as well as discuss with staff ongoing
conditions that they are experiencing and review any existing building drawings to be provided in relation to the
conditions found. Our assessment will include review of accessibility, general condition of materials and impact
to the building and its users, life safety concerns as well as general structural, electrical, HVAC, plumbing and
roofing conditions. Additionally, we have included civil engineering that will include the general area around the
Center for drainage. We have been asked to include costs to replace the existing gym flooring and this will be
reviewed as well as listed as a separate item within the assessment report.
In addition to the assessment, Elements will also engage the stakeholders and users for programming to assist in
determining the desired renovations to the community center. This effort will progress concurrently with the
assessment and any impacts to the team will be shared. We have assumed at this time for programming that only
Elements staff will be included within these meetings. We have assumed 2 meetings for this effort as well as a
final review meeting to validate that our program aligns with the requests.
We have not provided any services associated with the project beyond development of the assessment and the
program validation meeting at this time and within our fee proposed. Based on our understanding of the project,
the services to be performed are as follows:
SCOPE OF SERVICES
Facility Assessment
1. Meet with the stakeholders of the building to understand any concerns that the users have with the
building or the spaces.
2. Each discipline will develop their work in three sections (1) summary of existing conditions; (2)
deficiencies found; and (3) costs associated with correction of deficiencies.
Page 1 of 3
Elements of Architecture, Inc. 1 1201 6`h Avenue, Suite 100, Fort Worth, Texas 76104 1 817.333.2880
3. Develop information for one cohesive report of all disciplines. Report will illustrate findings and
recommendations for corrective measures as well as general costs associated with the recommendations.
4. Provide preliminary of the report for review by the city prior to finalizing the report.
5. Final report upon approved direction from the city.
Programming (Architectural Only)
1. Meet with the stakeholders of the building to hear what the proposed needs are for the facility. We have
included two meetings for the purposes of gathering information.
2. Develop programming document in the form of a spreadsheet that will illustrate the proposed needs.
3. Review meeting with the users and stakeholders to validate the programming information.
Qualifications To This Proposal:
1. Services in addition to those specifically outlined in this proposal will be additional services.
2. Electrical systems testing and forensic analysis is not included in this fee proposal.
3. We have included a visual of the roofs as a part of the architectural review and have not included a
roofing consultant on the project.
4. No destructive, or additional testing beyond what is visually evident by our team is included in this
proposal.
5. We have assumed that the city staff will provide us with any equipment required to perform our services
such as lifts, ladders, etc. and that all areas will be accessible to our team.
6. We have not including or anticipate producing any drawings as a part of the scope of this project.
Recommendations will be written in nature.
7. We have not included any design as maybe required of some of the recommendations from each
discipline that may impact another. Any design services are assumed outside of the scope of this project.
8. See attached proposals from BHB and RLWA for any additional information not noted within this
proposal but included.
9. For programming we have not included development of any layouts or schematic design. Our services
are considered complete for this proposal/fee once the programming is validated. Only architectural
services are included for the programming services.
DELIVERABLE
Assessment deliverable for this project will be in a report format inclusive of photos, illustration of areas of
concern, recommendations for correction to issues identified and opinion of probable costs for recommendations.
The programming deliverable will be a spreadsheet of our findings.
PROPOSED FEE
Labor
We propose to provide our services as identified in this proposal for the lump sum amounts as listed below:
ASSESSMENT
Architectural $1 1,000.00
Structural Engineering $ 6,500.00
MEP Engineering $ 7,500.00
Civil Engineering $ 4,500.00
Total Labor Fee -Assessment $29,500.00
PROGRAMMING
Architectural $8,000.00
Total Labor Fee - Programming $8,000.00
Fees listed above are for labor only.
Expenses
Reimbursable expenses are in addition to the labor fees listed above. These will be invoiced based on costs
incurred with a 10% markup for processing. We have estimated our expenses for both tasks of assessment and
programming to be around $2,000.
If you have any questions or need to discuss, please call me. Thank you for this opportunity to provide our services
to you and we look forward to working with you on this project.
Sincerely.
r � ;
f
Debbie Fulwiler, AIA
President
Attachments: RLWA Proposal
BHB Proposals for MEP and Civil
BAIRD, HAMPTON & BROWN
building partners
May 14, 2019
Ms. Debbie Fulwiler, AIA
Elements of Architecture, Inc.
1201 61h Avenue, Suite 100
Fort Worth, TX 76014
RE: CITY OF FORT WORTH
SYCAMORE COMMUNITY CENTER
MEP BUILDING ASSESSMENT
FORT WORTH,TEXAS
Dear Debbie,
We appreciate the opportunity to offer our proposal to provide the mechanical, electrical, and plumbing
evaluation services for the MEP systems as described in your email dated May 14,2019. Our evaluation will
be incorporated into your overall study and will be used by the City of Fort Worth to consider renovations to
this facility.
Our efforts will include the following scope items:
1. Physical evaluation of the existing MEP systems to determine age, condition, and expected
remaining useful life. Deliverables will include a narrative description of the MEP systems and a
summary list of MEP deficiencies and code violations for inclusion in your overall report.
2. Opinion of probable cost for each MEP deficiency and code violation corrective action.
The assessment will be in accordance with criteria and guidance received from the Owner via communication
from you.
In consideration for the scope described above we propose a stipulated sum fee of Seven Thousand, Five
Hundred Dollars and No Cents ($7,500.00). Invoices will be forwarded to your office based upon the
percentage of design completed during each billing period and will be due upon receipt of each invoice.
Stipulated sum includes cost of long distance telephone calls,telephone faxes and mailing costs. Stipulated
sum includes travel expenses for travel to the project site,but does not include reproduction expenses,other
than single copy originals for final drawings. Travel expenses, plotting and reproduction expenses, other
than those identified above will not be incurred without your prior approval,at which point these expenses
will be payable under the same conditions as the stipulated sum.
Compensation to BHB for the basic services shall be as described in the agreement. If BHB sees the Scope of
Services Changing so that additional services are needed, BHB will notify the client for approval before
proceeding. Additional Services shall be computed based on the BHB hourly rate schedule as shown below:
6300Aidglea Place,Suite 7001 Fart Worth,Texas 761161 PH:817.338.1277 1 FX:811338.9245
TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146
engineering I surveying ( landscape
Ms.Debbie Fulwiler,AIA
Sycamore CC Building Assessment
May 14,2019
Page 2
Engineering: Surveying:
Engineering&Management—Principal $240.00/hr. Surveying Services—Senior RPLS $150.00/hr.
Project Management $170.00/hr. Surveying Services—RPLS $130.00/hr.
Engineering—Senior PE $170.00/hr. CAD/Tech.Survey Services—Sr Tech. $115.00/hr.
Landscape Architectural Services $120.00/hr. CAD/Tech.Survey Services $90.00/hr.
Engineering Services—PE $115.00/hr. Land Surveying Research $90.00/hr.
Engineering Services—EIT $95.00/hr. Field Surveying-1 Person Crew $145.00/hr.
Design Services—Senior Designer $115.00/hr. Field Surveying—2 Person Crew $165.00/hr.
Design Services—Designer $90.00/hr. GIS Technical Services $75.00/hr.
CAD/Drafting Services $70.00/hr.
Clerical Services $60.00/hr.
If you agree with the terms of this proposal, please indicate your approval by signing below and returning to
our office.
We will consider receipt of this signed agreement as our notice to proceed. Thank you for the opportunity to
work with you on this project.
Sincerely,
BAIRD, HAMPTON & BROWN, INC.
Ken Randall, PE
Principal, Electrical Engineer
APPROVED FOR ELEMENTS OF ARCHITECTURE BY:
Signature Date
6300Aidglea Place,Suite 700 1 Fort Worth,Texas 76116 1 PH:817.338.1277 1 FX:817.338.9245
TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146
engineering I surveying I landscape
R. L. Woods & Associates, LLC
Structural and Forensic Engineering
1151 W.Pioneer Pkwy Arlington,Texas 76013 817-277-6686 www.rlwaengineers.com
May 13, 2019
Ms. Debbie Fulwiler
Elements of Architecture, Inc.
1201 6`l'Avenue, Suite 100
Fort Worth, TX 76104
Reference: Structural Foundation Investigation—
Sycamore Community Center
2525 East Rosedale Street
Fort Worth, Texas
Dear Ms. Fulwiler:
R L Woods & Associates is pleased to provide this proposal for engineering services designed to
provide you with a structural assessment related to observed foundation movement and general
recommendations for any necessary structural repairs as well as recommendations to help
minimize soil related slab movement for the above referenced project. The following is our
understanding of the subject building:
• The building is a split level building of approximately 16430 square foot.
• The lower level of the building is believed to be slab on grade floor system with either
footing or piers at perimeter.
• The upper level floor appears to have a crawl space beneath floor system, but floor
framing system is unknown.
• The building is believed to have been constructed in 1956.
• The building was subsequently remodeled in 1984.
• There are no available structural drawings for the building.
• The building has experienced floor/foundation movement and distress associated with
this movement, particularly at interior floors.
Based upon our understanding of the project requirements, we propose the following Scope of
Services and Basis of Compensation:
I. SCOPE—STRUCTURAL STUDY
A. Review available documents such as existing drawings, previous surveys or
reports that may be applicable.
B. Conduct site visits to document the existing condition of the foundation/floor
framing and any distress observed in the exposed-to-view finishes within
building, including visual and photographic documentation.
C. Perform an elevation survey of the interior lower and upper floor levels to
ascertain foundation movement patterns.
D. Make recommendations any additional testing or investigative demolition, as
appropriate.
E. Prepare a summary of our findings.
F. Provide general repair recommendations as appropriate.
II. LIMITATION OF SCOPE
Our services do not include:
A. Testing of existing building, except as noted above.
B. Structural or code analysis of the existing structural systems.
C. Design of structural repairs or enhancements. Design of structural repairs or
enhancements, if needed, shall be addressed under a separate agreement.
D. Any other service not specifically included above.
III. PROPOSAL ASSUMPTIONS:
A. Except as noted above, we plan to perform our services between 8:00 am and 5:00
pm on weekdays.
B. Our assessment involves walk-through visual observation (including crawl space
observations) of all structural members that are exposed to view and documentation
of any distress observed. It does not include measuring of the existing structure,
testing, structural analysis, or removal of non-structural material to allow more
thorough viewing of the structural system.
C. A background cad file will be provided by Elements. We will presume that any
drawings of the subject building, as provided by the City of Fort Worth or Elements,
are sufficiently accurate for our purposes and that we may rely upon these drawings.
IV. COMPENSATION:
We propose to perform these services for a stipulated fee of$6,500.
Any additional services performed, as requested by client,will be based on a negotiated
fee or billed based on our current hourly rate schedule for various personnel within our
firm.
Sincerely,
R L Woods &Associates
Jwott� W
)OVL"o
Renate' L. Woods, P.E.
Principal
BAIRD, HAMPTON & BROWN
building partners
May 16, 2019
Ms. Debbie Fulwiler,AIA
Elements of Architecture, Inc.
1201 61h Avenue, Suite 100
Fort Worth,TX 76014
RE: PROPOSAL FOR SITE ASSESSMENT NVESTIGATION SERVICES FOR THE SYCAMORE COMMUNITY
CENTER IN FORT WORTH,TEXAS
Mr. Fulwiler:
We are pleased to submit our scope of services and fee proposal to provide the site assessment services
as described in your email dated May 14,2019. As you know, BHB Engineering&Surveying has experience
with these types of projects and we are confident that we can assist you in a timely and professional
manner.
Our efforts will include the following:
1. Site Investigation; we will visit the Sycamore Community Center and walk the site to view the
condition of the paving, drainage and accessibility systems. Site photographs will be provided.
2. Narrative Description; we will describe the condition of the paving, drainage, and accessibility
systems in a written report.
3. Opinion of probable cost; we will provide an engineer's opinion of probable construction cost for
each civil deficiency noted in the report.
We propose to provide the above Civil Engineering services for a total fixed fee of$4,500.00.
If the above described scope of services,schedule and fee structure meets with your approval then please
sign below signifying your acceptance of our proposal and return a copy to us for our files.This agreement
is subject to the terms and conditions as set forth on the attached "General Conditions", which shall be a
part hereto.
We appreciate the opportunity to submit this proposal and look forward to working with you.
(signatures on next page)
6300Aidglea Place,Suite 7001 Fort Worth,Texas 761161 PH:81133BJ277 I FX:811338.9245
TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146
engineering I surveying I landscape
Page 2 of 2
Sincerely,
BAIRD, HAMPTON &BROWN
k k4�v
Trace Strevey, P.E.
Principal, Civil Engineer
ACCEPTED:
Ms. Debbie Fulwiler or Authorized Representative: Date:
Enclosures:
1. General Conditions
6300 Ridglea Place,Suite 700 Fort Worth,Texas 76102 Tel:817-338-1277 Fax:817-338-9245 E-Mail:mail@bhbinc.com
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
ELEMENTS OF ARCHITECTURE, INC.
1201 6T" AVENUE, SUITE 100
FORT WORTH, TEXAS 76104
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:
Posit : �
ign re
2. Name:
Position:
Signature
3. Name:
Position:
Signature
N e�
4QC-A-�
ignature of Presl /CEO
Other Title: O�
Date: /Z71L/7
Standard Architectural Agreement(01 July 2019) Page 3 of 16
Sycamore Community Center—Renovation&Rehabilitation of Existing Facility July 2019