HomeMy WebLinkAboutContract 52577 234S
FiECEIVED CITY SECRETARY
CONTRACT NO. t)
JUL 2 "; 2019
clrro=FORT ARY
CIiY SECRETARY CITY OF FORT WORTH, TEXAS
4a AGREEMENT FOR ARCHITECTURAL SERVICES
NORTHWEST COMMUNITY CENTER
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY'), and Brinkley Sargent Wiginton, Inc., authorized to do business in Texas, an
independent contractor ("Architect"), for a PROJECT generally described as: Northwest
Community Center.
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.
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Article I
Scope of Service
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(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 Northwest Community Center.
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 j
this Agreement, the Architect shall submit a proposal for additional fees and a i
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. j
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
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CITY SECRETARY
FT. WORTHS 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 $6,800,000.00.
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 $96,750.00 (phase one) 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%
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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.
(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.
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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 respondent superior
shall not apply as between City and Architect, its officers, agents, employees, consultant,
and sub-consultants, and nothing herein shall be construed as creating a partnership or
joint venture between City and Architect.
Article V
Professional Competence and Indemnification
(1) Work performed by Architect shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated
by the local, state and national boards, bureaus and agencies. Approval by the
City shall not constitute or be deemed to be a release of the responsibility and
liability of Architect or its officers, agents, employees, consultants and sub-
consultants for the accuracy and competency of its services performed
hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Architect shall indemnify, hold harmless, and defend the City against liability for
any damage caused by or resulting from an act of negligence, intentional tort,
intellectual property infringement, or failure to pay a consultant or sub-consultant
committed by the Architect or Architects 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: Dwayne Brinkley
Project Manager: Stephen Springs
Project Architect: Carlos Guerra
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The Architect may not change key personnel without the City's written approval.
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(2) Programming and Schematic Design Phase:
a. The Architect shall become familiar with the site and scope of the Project.
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b. The Architect shall consult with the City to clarify and define the City's
requirements relative to the Project and review available data. i
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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. F
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. I
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(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. j
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:
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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.
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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
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
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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
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.
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(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.
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(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 Vill
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.
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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 j
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, i
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. t
Workers' compensation insurance olio s covering employees em to employed on
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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 f
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 i
required herein.
I. Upon the request of City, Architect shall provide complete copies of all
insurance policies required by these Agreement documents.
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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
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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
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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
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immediately terminate this Agreement for violations of this provision by Vendor.
Ar tiGle-XVIII
House Sol!89
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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 13'h Street
Fort Worth, Texas 76103
Architect:
Brinkley Sargent Wiginton, Inc.
Attn: Dwayne Brinkley
5000 Quorum, Suite 600
Dallas, Texas 75234
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.
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Article XXi
Counterparts: This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts
shall together constitute but one and the same instrument.
Executed and effective this the day of2019.
BY: BY:
CITY OF FORT---ORTH ARCHITECT
77f Brinkley Sar17
igi I Inc.
Kevin Gunn Step pring
Interim��Assistant City Manager Senior Principal
Date: 7 Z -7,)l Date:
AP EC MENDED:
og r na s Interim Director
ropert
M gement Department
APPROVED AS TO FORM AND M&C No.: n/a
LEGALITY.
By: M&C Date: n/a
ohn 6. Stron
Assistant City Attor pF FORT
ATT U
Mary J.'Kay r
City Secretary
CONTRACT COMPLIANCE MANAGER: By si rung t acknowledge that 1 am the person responsible for the
monitoring and administration of this contract,including ensuring all performance and reporting requirements.
By: �. �• G /nI�1')
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.
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OFFICIAL RECORD
Cj-rLf SEC"RETARY
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.
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BRINKLEY
SARGENT
WIGINTON
FT. WORTH NORTHWEST COMMUNITY CENTER
PROPOSAL FOR ARCHTECTURAL I ENGINEERING SERVICES
JUNE 26,2019
SERVICE DESCRIPTION:
This proposal was developed to clarify the current unknown budget impact of extending
roadways and utilities to the site for the new Northwest Community Center. This two
phase approach will help identify the site development budget which will then define the
building budget.
PHASE.ONE:
Phase One will include the following:
A. Develop two(2)conceptual site plans in different areas of the park.This will
include orientation of parking, building and define extent of roadway required for
these two sites.
B. Develop a Space Program for the new center that would define activities and
spaces required to accommodate those activities. This would be quantified in
square footages. During the course of developing the program consultants will
conduct a public input meeting with residents in that area of city.
C. Develop a schematic layout of utility extensions to selected sites.
D. Determine extent of storm water management required for this development.
E. Perform an on-the-ground jurisdictional detertinination to identify the limits of
waters of the United States including wetlands.
F. Develop conceptual cost estimates for all site related costs for the two conceptual
site plans.
PHASE TWO:
Phase Two building budgets and professional fees will be developed following a more
clearly defined project budget which is a product of Phase One services. Services will
include all architectural and engineering fees to design and provide construction
administration for this new NW Community Center.
www.BS W-Architects.c om
Waco Dallas Austin
900 Washington Avenue,Suite 502 5000 Quorum,Suite 600 611 S.Congress Avenue,Suite 225
Dallas,Texas 75234 Dallas,Texas 75234 Austin,Texas 78704
T 254,722.5988 T972.960.9700 T512.610.4700
EXHIBIT A
FT. WORTH NORTHWEST COMMUNITY CENTER
SPECIAL TERMS AND CONDITIONS
SCOPE OF SERVICES
The Architect will perform the following services as defined in Ft. Woilh's Standard
Architectural/Owner Agreement
PHASE ONE
PROGRAMMING
SITE ENGI1-ERING AND SITE,STUDY DUE DILIGENCE
BUDGETING
PHASE TWO
PROJECT ADMINISTRATION SERVICES
Evaluation of Project Budget
Schedule Development&Monitoring
Preliminary Estimate of Cost of the Work
Owner-Supplied Data Coordination
Value Analysis
Agency Consulting as Required
DESIGN SERVICES
Programming
Architectural Design
Structural Design
Mechanical Design
Electrical Design
Interior Material Selections
Landscape Design
Civil Design
CONSTRUCTION PROCUREMENT SERVICES
Bidding/Proposal Documents
Bidding/Negotiation Addenda
Analysis of Alternates/Substitutions
Pre-Bid Conference/Selection Interviews
Bidding/Negotiation
Bid/Proposal Evaluation
Ft.Worth Northwest Community Center Exhibit A,Page 1 of 2
i
CONTRACT ADMINISTRATION
General Administration
Submittal Services
Site Visitation
Payment Certification
Supplemental Documentation
Administration of Changes in the Work
Interpretations
Project Close-Out
Ft.Worth Northwest Community Center Exhibit A,Page 2 of 2
■00 ����� Mr.Stephen Springs
was BM_Vchitects
June 11,2019
EX111I31T 13 -ENGINEER SCOPE OF SERVICES page 2
1. SURVEYING SERVICES
A. Project Survey Control
1. Establish control points for topographic survey and boundary survey work. I Iorizontal
control will be state plane. Vertical control will be based on a City of Fort Worth
Benchmark.
B. Boundary SurveT
1. The overall tract for the NW Conununity Park is approximately 247-acres. The proposed
community center will be located near the south or southeast corner for the 247-acre tract.
Halff will establish the boundary for the eastern and southern property boundary.
C. T000gophicic_Verification
1. During the Schematic Design Phase I Ialff will use the 2-ft contours from the City of Fort
Worth's 2009 or 2015 topographic surveys. I ialff will establish control based on the City
of Fort Worth Benchmarks and then spot check the 2-ft topographic survey in the project
area to verify the 2-ft elevations.
II. SCHEMATIC DESIGN PHASE
The following scope of work is included in the schematic design phase:
A. Data Collection—Obtain record drawings for adjacent developments,existing utilities(water,
sewer,and storm sewer),FM 156 Improvements Construction Plans,drainage studies\models
for Big Fossil Creek,Big Fossil Creek'Tributary 4,and Robertson Branch and other pertain
information for the analysis and design of the project.
B. Site Schematic Desitrn—Prepare two (2) conceptual site plans for the community center.
1. Conceptual site plans will include the following elements:
a. Building Layout(provided by BSW Architects)
b. Parking Lot
C. Driveway to the community center
2. Includes one (1)public meeting to inform public of site plan.
C. Site Schematic Utility Layout
1. Utilities to community center including water,sanitary sewer,and storm water.
2. Location of existing franchise utilities. We will check for availability of gas,electric,and
telecommunication companies to the site and get a letter of serviceability from these
companies.
on*>• HALFF �lr.Stephen Springs
13SW Architects
June 11,2019
Page 3
D. Stormwatcr Management Plan
l. Determine the stormwatcr requirements for the site. Halff will meet with City drainage
staff to determine what storm water requirements will be required for the proposed
community center site. Storm water requirements could include detention, dam break
analysis, floodplain modeling (fully developed conditions), and FLMA Floodplain
permitting(CLOMR,LOMR,etc)
2. This task does not include performing a downstream assessment,flood development plan,
modeling or studies.
3. Review the existing drainage patterns on the site and identify the receiving storm drain
system or creek.
E. PrelirninaLI Waters of the U.S.Determination
There are two (2) creeks (Big Fossil Creek and Robertson Bunch) through the project area
that could be impacted by the proposed project improvements. The project area for the
wetland delineation includes: 1) Dig Fossil Creek from FM 156 (Blue Mound Road) to the
downstream of the existing Loughridge Lake and 2) the portion of Robertson Branch within
the Northwest Community Park.
The U.S.Army Corps of Engineers(USACE)regulates,under the authority of Section 404 of
the Clean Water Act (Section 404), the placement of fill material into waters of the United
States and special aquatic sites that include wetlands. The USAGE utilizes nationwide permits
to authorize categories of activities that result in only minimal adverse impacts to waters of
the United States. Demonstrating compliance with Section 404 requires a verification of the
regulated limits of waters of the United States, and a determination as to what regulated
activities will occur in waters of the United States.
1. Jurisdictional Determination/Delineation: IIalff will perform an on-the-ground
jurisdictional determination to identify the limits of waters of the United States,including
wetlands. The jurisdictional determination will delineate the limits of the Big Fossil Creek
and Robertson Branch on the basis of ordinary high water mark limits. Limits of the
ordinary high water mark will be located by an individual trained in delineating waters of
the United States. Limits of waters of the United States will be measured as part of the
survey tasks identified herein so as to provide the most accurate vertical and horizontal
representation of the regulated limits. Halff will conduct an investigation of overbank
areas and take on-site photography to document the presence or absence of wcdand in
the vicinity of the crossings. A summary report will be prepared describing the
methodology and results of the investigation, so that the report may satisfy the
jurisdictional determination requirement for an anticipated nationwide permit pre-
construction notification(PCN).
2. Section 404 Permitting Assessment:Because the project may only entail road crossings of
the mentioned streams, it is anticipated that the project may be permitted under
Nationwide Permit 14—Linear Tivnspoifadon Projects(NWP 14) without d-le need for pre-
construction notification (PCN) to the IJSACR. Halff will prepare a memorandum
��� HALFF' N •Srcphen Springs
BS\C'Architects
June 11,2019
Page 4
documenting the project footprint in relation to the verified limits of waters of the United
States and evaluate whether the project mects NWP 14 criteria and other applicable general
conditions. Submittal of a PCN to receive written verification from the USACE is not
included in in this task. Should the permitting assessment document the need for a PCN,
or should other non-transportation related activities require a PCN under another
applicable nationwide permit,an additional scope of work will be submitted. The findings
from the jurisdictional determination task will be incorporated by attachment as required
accordance with the nationwide permit PCN general condition.
F. Cost Estimate
1. Prepare a cost estimate for the two(2) conceptual site plans.
2. Cost estimates would include site construction costs,design fees,contingency fee,inflation
(if applicable), and other anticipated project costs. BSW Architects would prrnride the
building construction costs.
MEN
Mr.Stephen Springs
�IALFF
BSW architects
June 11,2019
Page 5
FEE SUMMARY
PROFESSIONAL SERVICE FEE SUMMARY
PROJECT PHASES AND TASKS PHASE 1
I. SURVEYING SERVICES
A Project Survey Control $ 4,000.00
B Boundary Survey $ 8,000.00
C Topographic Verification $ 3,000.00
SUB-TOTAL(Lump Sum Fee) $ 15,000.00
II. SCHEMATIC DESIGN
A Data Collection $ 5,000.00
B Site Schematic Design $ 20,000.00
C Site Schematic Utility Layout $ 8,000.00
D Storm Water Management Plan $ 5,000.00
E Preliminary Waters of the U.S.Determination $ 8,000.00
F Cost Estimate $ 2,500.00
SUB-TOTAL(Lump Sum Fee) $ 48,500.00
SUBTOTAL LUMP SUM FEES $ 63,500.00
DIRECT COSTS $ 500.00
TOTAL FEE $ 64,000.00
All fees are lump sum and will be billed monthly based on percent of work complete. Direct Costs,
Sub-Consultants and Reimbursables will be charged at a 1.1 multiplier. Hourly costs will be 2.3 x
Labor Rate. Unless otherwise stated,fees quoted in this proposal exclude state and federal sales taxes
on professional services.
Current Texas law requires assessment of sales tax, on certain kinds of surveying services, but does
not require sales taxes on other professional services. In the event that new or additional state or
federal taxes are implemented on the professional services provided under this contract during the
term of the work,such taxes will be added to the applicable billings and will be in addition to the
quoted fees.
REIMBURSABLE EXPENSES
Direct costs including printing and reproduction,postage,messenger service,long distance telephone
calls and travel will be considered reimbursable expenses. Direct costs will be billed at 1.1 times the
direct cost incurred. This does not include pernutting or review fees required by die agencies. These
fees will be provided by dhe developer/owner.
man
mm
\�HALFF � •Stephen Springs
Bs A rchirects
June 11,2019
Page 6
SCHEDULE
I-lalff will begin work immediately after receipt of written notice to proceed. The tasks will be
completed in accordance with the following project milestones in calendar days upon written notice.
Surveying Services 45 Days
Schematic Design 60 Days
Calendar days do not include review tune or delays by others. Tasks may be concurrent or might
require the completion of other tasks prior to beginning.
DELIVERABLES
■ Two(2)Concept Plans
■ Cost Estimate
man
®0 HALFF Atl.Stephen Springs
BSW-Architects
June 11,2019
EXCLUSIONS Page 7
The following items are specifically excluded from services provided in this contract which are as
follow:
1. Detailed flood studies
2. Design Development Phase
3. Construction Documents Phase
4. Platting and easements
5. Hire protection,gas,telephone,cable and/or electric design.
6. Piling and permit fees.
7. Quantity take-offs and/or Engineer's Statement of Probable Construction Cost.
8. Design for relocation and/or adjustment of existing improvements or infrastructure.
9. Significant design revisions following substantial completion of the exhibits.
10. Value engineering
11. Flood plain studies or reclamation plans,detention design or studies.
12. Review of Engineers certificates.The Design Professional shall not be required to execute
any documents subsequent to the signing of this Agreement that in any way might,in the
sole judgment of the Design Professional,increase the Design Professional's risk or the
availability or cost of his or her professional or general liability insurance.
13. Pavement design recommendations.
14. Meetings or presentations not specified herein,additional meetings will be billed at an hourly
rate agreed upon;
15. City of Fort Worth Urban Forestry Plan
16. City of Fort Worth Integrated Stormwater Management(iSWM) submittal.
17. City of Fort Worth flood development permit.
18. Water Study
19. Sanitary Sewer Study
20. Septic system design
21. Storm Water Pollution Prevention Plan(SWPPP)
i
EXHIBIT C
FT.WORTH NORTHWEST COMMUNITY CENTER
FEES
PHASE ONE—FE'ES
Engineering Services(Reference Exhibit B) $69,850
(Includes 10%Architectural Coordination Fee)
Architectural Programming, Site Planning and Management $26,000
Subtotal $95,850
Reimbursable Expenses $900
(Not to Exceed)
Total Fee $96,750
Ft.Worth Northwest Community Center Exhibit B,Page 1 of 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: 5WWS'V4 St4ubs
Position: �•M fW,,XAI-*L-
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Nam : AA(w JP— S AWpVA I A44
Signature of Ptesitlent/CEO
Other Title:
Date: 762 J11
Standard Architectural Agreement 7/1/2019
2