HomeMy WebLinkAboutContract 52790 C1 T Y 3 Fir--?ARY
CONTRACT N0. o�_I O
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�01 s��� CITY OF FORT WORTH, TEXAS
AGREEMENT FOR ARCHITECTURAL SERVICES
Police Department Property/Evidence Room & Fire Department Arson
Unit Area Build Out at Bob Bolen Public Safety Complex
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.. Police
Department Property/Evidence Room & Fire Department Arson Unit Area Build Out
at Bob Bolen Public Safety Complex.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Service
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 Police Department Property/Evidence Room & Fire
Department Arson Unit Area Build Out at Bob Bolen Public Safety Complex. 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.
(1) 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.
(2) 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
Architect shall not be compensated for any alleged additional work resulting from
oral orders of any person.
(3) The Architect shall advise the City as to the necessity of the it 's rovidin2 or
obtaining additional services and data from others required in co nection with the
Project at the City's cost and expense (which services and data ti PkfA14jR5CQFD
CITY SECRI�TAgY
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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.
(4) The Construction Budget for this project shall be determined as part of the
initial Schematic Design Phase services.
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 $35,000.00 including $1,100.00 in 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.
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
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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,
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.
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(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.
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.
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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
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.
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(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
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.
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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.
(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.
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(13) Pay all impact and utility fees and other fees not expressly assigned to the
Architect. This includes fees charged by Oncor for new or revised service.
(14) Bear all costs incident to compliance with this Article.
Article VIII
Insurance
(1) Architect shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Architect allow any subconsultants to commence work on its
subcontract until all similar insurance of the subconsultants has been so obtained
and approval given by the City; provided, however, Architect may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate limit
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability Insurance
$1,000,000 Errors & Omissions
$2,000,000 Annual Aggregate
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Architect's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Architect's insurance policies.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services
Manager, 401 West 13th Street, Fort Worth, Texas 76102, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment
of premium.
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e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Architect's insurance.
i. Architect's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Architect shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Architect's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Architect shall provide complete copies of all
insurance policies required by these Agreement documents.
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.
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(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
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.
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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
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),
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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
immediately terminate this Agreement for violations of this provision by Vendor.
Article XVIII
House Bill 89
If Architect has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Architect acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Agreement, Architect certifies that Architect's signature provides written
verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Agreement.
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
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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 (�pth day of Se_p!b m b lEr , 2019.
BY: BY:
CITY OF FORT WORTH ARC HI T ECT
Elem n 6oArch4iteure, In6,
A�4
Kevi Gunn Debb W ,
Interim Assistant City Manager PresideA
Date: 4044 1 Date: 4W/ 7
APPROYAt �MVIENDED:
By: \,-/A
RogerIV64bles, Interim Director
Property Management Department
APPROVED AS TO FORM AND M&C No.: Not Required
LEGALITY
By. M&C Date:
John B. S
Lstant-=Ciity Attorney0A
fty/i. Kayser Secretary
�xAs
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the
ti
monitoring
� i1and
, w�. !�administration of this contract, including ensuring all performance and reporting requirements.
By: ' � • C,(�
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' R. i at -
Texas Civil Statutes Article 249a.
' OFFICIAL RECUR®
CITY SEC``"TARP
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Attachment "A"
ELEMENTS
of Architecture, Inc.
June 10, 2019
Mr. Alfonso Meza
City of Fort Worth
401 West 13th Street
Fort Worth, TX 76102
Re: Proposal for A/E Services —Police and Fire Evidence Room and Partition at Existing Training Room
Bob Bolen Renovations
Dear Alfonso;
Elements is pleased to provide to you this proposal for services associated with the renovations to the existing
facility in support of the new Police and Fire Evidence Rooms and Training Room modification to be located within
the existing Bob Bolen Facility. This proposal is based on our scoping meeting on May 23, 2019 and the RFP.
To summarize the specifics of the project, see below:
Police Storage
1. Approximately 20K square feet of space required to serve for long term storage
2. Design will be based on Texas Best Practices
3. Design consideration for high density shelving and other shelving options
4. The space will be maintained at 68 degrees with no specific humidity requirements
5. Space is generally unmanned with personnel only within the space as evidence is logged in our out.
6. Counter/workstation will be provided for intake.
7. Monitor of environmental with alarming.
8. This area totally backed up with emergency generator.
9. Project will be done at the same time as Fire and by City Construction Personnel.
Fire Storage
1. Provide sink for handling by personnel
2. Approximately 1000 square feet for front office and 4000 square feet for long term evidence storage
3. Open shelving within storage area for"cans" as well as odd sized items.
4. One shelf required per year for 10 year statute of limitations for holding. Shelf 4'wide, 12' long and 8'
high. 4' aisle widths required.
5. May store flammable liquids and consider as hazmat storage but do not have the quantity of hazards
materials per code being stored to meet classification. Will have off-gassing.
6. No temps allowed above 100 degrees with low humidity to inhibit rusting of the "cans".
7. Air monitoring with alarms.
8. Project will be done at the same time as Police and by City Construction Personnel.
New Partition at Existing Training Room
Page 1 of 4
Elements of Architecture, Inc. 1 1201 6"Avenue, Suite 100, Fort Worth,Texas 76104 1 817.333.2880
1. Provide sound and acoustic separation with new partition so can have rooms adjacent occupied at the
same time.
2. Provide structural support for new partition.
3. This project will be done through JOC and as a separate package from the remainder of the project.
We anticipate the scope of services for this project is as follows:
SCOPE OF SERVICES
Programming/Schematic Design Phase
1. Provide listing of questions for specific programming requirements. Provide at the onsite of approval to
proceed for users to address
2. Meeting with stakeholders to review answers to questions provided and review specifics for new spaces.
This is in addition to the scoping meeting already performed.
3. Develop program document for consolidation of information and direct of design (this maybe in the form
of meeting minutes from item above).
4. From information provided, develop proposed layout illustrating main building elements. Provide
narrative for building systems.
5. Develop Opinion of Probable Construction Cost for proposed modifications.
Design Development Phase
1. Based on the approval from the COFW on SD phase package, prepare construction documents based
on a set of documents for internal construction as well as JOC as a separate CD set for the Partition.
2. Develop documents to DD level (25%) and submit for review/approval.
3. Provide an updated Opinion of Construction Costs.
Construction Documents Phase
1. From approval of the DD Phase, develop construction documents.
2. Update the Opinion of Probable Construction Costs.
4. Submit construction documents for review only.
5. Modify documents as required per City review.
6. Final Construction Documents and provide to the city for distribution.
7. Submit documents for TDLR review.
8. Submit documents for permitting to the city and coordinate this effort through receipt of building permit
for general construction.
Construction Administration Phase
1. Bi-weekly OAC meetings during construction with an assumption of 6 months of construction for a total of
12 meetings.
2. Respond to any RFI's for clarification to the documents.
3. Review of testing laboratory reports.
4. Review of Shop drawings and other submittals as stipulated in the construction documents.
5. Punchlist of space to review conditions and generate a list of deficiencies to design intent.
6. Prepare record documents from as-built documents.
Exclusions and Qualifications to This Proposal:
1. We have also assumed that the existing facility is already TAS compliant and no modifications outside of
our defined area of work is included or anticipated.
2. Proposals for each consultant are attached with the information included as if provided within this
proposal.
3. We are assuming that civil engineering is not required for this project and not included within our fee
proposal.
A. Documents will be prepared using AutoCAD.
5. Both set of documents (storage and partition) will be issued at the same time although two separate sets
of documents.
6. We have assumed that construction of both parts of this project(storage and partition) will be executed
at the same time and the services defined are for both parts collectively.
PROPOSED FEE
Labor
We propose to provide our services as identified in this proposal on an hourly basis with the not to exceed
amounts as follows:
Schematic Design Phase
Architectural $ 18,000.00
Structural Engineering $ 3,900.00
MEP Engineering $ 12,000.00
Total SD Phase $ 33,900.00
Design Development Phase
Architectural $ 23,000.00
Structural Engineering $ 5,200.00
MEP Engineering $ 16,250.00
Total DID Phase $ 44,450.00
Construction Documents Phase
Architectural $ 37,000.00
Structural Engineering $ 11,700.00
MEP Engineering $ 32,500.00
Total CD Phase $ 81,200.00
Construction Administration Phase
Architectural $ 26,000.00
Structural Engineering $ 5,050.00
MEP Engineering $ 20,450.00
Total CA Phase $ 51,500.00
Project Total $21 1,050.00
Expenses
Reimbursable expenses are in addition to the labor fees listed above and include costs incurred as required for
the project such as TDLR submittal, Permit application, printing costs, etc. Expenses are estimated at $6,500.
These will be invoiced based on costs incurred with a 10% markup for processing.
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,
Debbie Fulwiler,AIA
President
Attachments: BHB Proposal for MEP Engineering
JQ Proposal for Structural Engineering
BAIRD, HAMPTON & BROW N
building partners
May 31, 2019
Revised June 4, 2019
Revised June 10, 2019
Ms. Debbie Fulwiler, AIA
Elements of Architecture, Inc.
1201 6ch Avenue, Suite 100
Fort Worth,TX 76014
RE: CITY OF FORT WORTH
BOB BOLEN EVIDENCE STORAGE RENOVATION
MEP DESIGN SERVICES
FORT WORTH,TEXAS
Dear Debbie,
We appreciate the opportunity to offer our proposal to provide the mechanical and electrical design services
for the referenced project as we described in site meeting on May 23, 2019. The project consists of
providing the design for HVAC, plumbing,fire protection,lighting and power for the renovation of an existing
unfinished space to create new police and fire/arson evidence storage spaces of approximately 25,000
square feet total.
Our design will include the following requirements:
• MEP systems will be designed in compliance with the Texas Best Practices manual to be provided to
us.
• HVAC system for the police storage area shall maintain the space temperature at 68 degrees
maximum. This system shall be monitored and issue an alarm if the temperature exceeds this set
point. There are no specific humidity requirements for this space.
• HVAC system for the fire/arson storage area shall maintain the space temperature at 72 degrees
maximum. There are no specific humidity requirements for this space.
• Ventilation design with air monitoring for the fire/arson hazardous storage room.
• The electrical design will include a natural gas emergency generator to provide back up power to 100
percent of the police storage area loads and for the fire arson office/intake area. Ideally the entire
fire/arson area loads would be added to the emergency power system if able to include within the
project budget.
The project will also include preparing a separate set of construction documents to divide the Multi-Purpose
Room located in the Fire Building, Area 1A, into two spaces.
6300 Ridglea Place,Suite 7001 Fort Worth,Texas 761161 PH:817.338.12771 FX:817.338.9245
TBPE Firm#44,TBPLS Firm#]0011300,#10011302,#10194146
engineering I surveying I landscape
Ms.Debbie Fulwiler,AIA
COFW Bob Bolen Evidence Storage
May 31,2019(Revised June 4,2019;June 10,2019)
Page 2
Our fee proposal makes the following assumptions:
• We understand that the entire project will be designed at one time; no phasing of design has been
included.
• Our scope does not include sound system design,audio/visual system design,security system wiring,
telephone system wiring design, nor data system wiring design. Rough-in conduits will be designed
as defined by the Owner.
• Our scope will include energy calculations and certification for the mechanical and electrical systems
but will not include the building envelope.
• Included as part of our base proposal are four coordination meetings per discipline during the design
of the project. We have not included regularly scheduled design review meetings with the Owner
and/or Design Team as a part of our base fee.
• We cannot be responsible for equipment delivery that affects construction schedules.
• Our fee proposal is based upon producing the Contract Documents using AutoCad/Revit.
• It is our understanding that our MEP engineering design will include providing new services within
the renovated area only. Any re-design or upgrade of existing building mechanical or electrical
utility distribution systems, including negotiation of relocation of existing utilities with utility
company,is not included. If required,any upgrade of existing distributions systems located outside
renovation or expansion area will be considered to be Additional Services as outlined below.
• This proposal assumes that services during construction will include:
o Shop drawing and submittal review
o Responses to requests for information
o Attendance at four construction meetings
o Two intermediate site visits and one final site visit during construction
o Preparation of record drawings
• The following items are not included in our basic services:
o Energy Modeling, i.e.for IECC or ASHRAE compliance.
o Commissioning of the Mechanical or Electrical Systems.
The GENERAL CONDITIONS attached hereto is made a part of this Agreement.
We propose to provide the mechanical and electrical engineering design for the referenced project in
sufficient detail to receive construction bids from subcontractors and in sufficient detail to install the systems
in accordance with applicable codes. Deliverables will include original drawings (CADD Plots) and
specifications prepared for binding separately. Deliverables will include cost estimates at each submittal.
Drawings will be sealed by a Registered/Licensed Professional Engineer.
The design will be in accordance with criteria and guidance received from the Owner via communication
from you. Criteria will also include the following:
1. One copy of Owner-approved floor plans in Autocad/REVIT format.
2. One copy of reflected ceiling plans which will include lighting fixture locations.
3. One copy of the power layouts with all duplex receptacles, power, telephone, security, computer
and other communication devices located on the plan in accordance with the Owner's criteria.
4. Utility rough-in and connection requirements and locations of all equipment furnished under other
divisions of the specifications or equipment furnished by another contract.
6300Aidglea Place,Suite 700 1 Fort Worth,Texas 76116 1 PH:817.338.1277 1 FX:817.338.9245
TB PE Firm#44,TBPLS Firm#10011300,#10011302,#10194146
engineering I surveying ( landscape
Ms.Debbie Fulwiler,AIA
COFW Bob Bolen Evidence Storage
May 31,2019(Revised June 4,2019;June 10,2019)
Page 3
In consideration for the scope described above we propose the following stipulated sum fees:
Schematic Design (15%) $12,000.00
Design Development (20%) 16,250.00
Construction Documents (40%) 32,500.00
Construction Administration (22.5%) 18,000.00
Record Drawings(2.5%) 2,450.00
Total MEP Fee $81,200.00
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.
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.
�J-/ 94
Ken Randall, PE
Principal, Electrical Engineer
APPROVED FOR ELEMENTS OF ARCHITECTURE BY:
Signature
Date
Attachment: General Conditions
6300Aidglea Place,Suite 7001 Fort Worth,Texas 76116 PH:817.338.1277 FX:817.338.9245
TB PE Firm#44,TBPLS Firm#10011300,#10011302,#10 194146
engineeringi I surveying ( landscape
shapingbuilt environment ■[lI �■
L301 WEST 7TH STREET SUITE 141B,FORT WORTH,TEXAS 76102
817 546.7200 PHONE
1QIENG.COM
06.05.19
Ms. Debbie Fulwiler,AIA
President
Elements of Architecture
1201 6th Ave., Suite 100
Fort Worth,TX 76104
2e: Proposal—Scope of Structural Engineering Services and Compensation (Part 1)
COFW Evidence Room Project- Bob Bolen Public Safety Complex, Fort Worth,Texas
Dear Ms. Fulwiler:
We are pleased to express our interest in providing structural engineering services for the referenced
project and offer the following proposal for your consideration.
SCOPE OF PROJECT
We understand the scope of the project to be the renovation of a portion of the east warehouse at the
Bob Bolen Public Safety Complex to accommodate COFW police property evidence storage and COFW
arson/bomb squad property evidence storage. The intent of the facility is for long term storage. The
facility will include shelving of different sizes and refrigerators. Space for police storage and arson/bomb
squad storage is estimated at 20,000 square feet and 5,000 square feet, respectively. The facility will be
treated as a Hazmat Storage Class 1. In addition, the COFW has requested the addition of an operable
partition in the fire training room be included with this scope of services. Parts of this project may be self-
performed by the COFW as part of a job order contractor(JOC) agreement or submitted for competitive
bids.The total project cost is$3,750,000. Original structural drawings are available for our use.
The SWAT pre-engineered metal building is a separate project and is not covered by this proposal. A
separate proposal will be issued for the SWAT building project and that project will be a separate set of
bid documents.
BASIC SERVICES
Our services will include the following:
1. One(1)site visit to observe the existing structural conditions to the extent that the building frame
is not covered by finishes.
2. Preparation of construction drawings for the structural portions of the work.
STRUCTURAL I CIVIL I GEOSPATIAI I FACILITIES PERFORMANCE
Professional Services Agreement
COFW Evidence Room Project-Bob Bolen Public Safety Complex,Fort Worth,Texas
Elements of Architecture
06.05.19
Part I—Scope of Structural Engineering Services and Compensation Page 2 of 10
3. Analysis of existing roof framing supporting new mechanical equipment and design of
supplemental framing or retrofit, if required. This proposal assumes a maximum of four (4)
mechanical units for this proposal.
4. Detailing of floor slab removal and replacement (slab trenching) for new plumbing.
5. Preparation of structural specifications. Specifications may be contained in the notes on the
drawings.
6. Review and provide additional framing as required for wall openings through existing walls. We
understand there will be up to two (2) roll-up doors and up to two (2) man doors or storefront
openings (4 maximum openings).
7. Assist the Architect in designing and detailing of miscellaneous metal fabrications for the items
noted below. Detailing and specification of these items will be the responsibility of the Architect:
a. Curtain wall or window wall bracing
b. Cold formed metal framing (CFMF): Preliminary member sizes will be provided for detailing
purposes only.
8. Provision of structural performance requirements for the following items to be included in the
performance specifications being prepared by others:
a. Cold-formed metal framing at exterior and interior conditions
9. Preparation of addenda as required during bidding period and answering questions regarding
structural plans and specifications.
10. Construction administration:
a. A maximum of two (2) structural observations, construction administration, and/or pre-
construction meetings, including the preparation of observation reports.
b. Review of structural shop drawings and submittal data.
c. Review and respond to RFI's
d. Preparation of ASI's and change orders.
e. Review of change orders
f. Review of testing laboratory reports
g. Preparation of record documents to incorporate revisions issued by JQ and information
provided by others.This will be prepared in part using information provided by others.
Services excluded from basic services but not limited to:
1. Design and detailing of sitework including paving, sidewalks,flag and high mast light foundations
(poles over 30 feet in height), retaining walls, bollards, dumpster pads, sign foundations, site
sculpture foundations, etc., unless specifically included above.
2. Structural engineering design and detailing of specialty engineered building systems including but
not limited to the following performance specified items:
a. Cold-formed metal framing at exterior and interior conditions
Professional Services Agreement
COFW Evidence Room Project-Bob Bolen Public Safety Complex,Fort Worth,Texas
Elements of Architecture
06.05.19
Part I—Scope of Structural Engineering Services and Compensation Page 3 of 10
3. Design, detailing, coordination, or layout of embeds or inserts for the support of mechanical,
electrical,or plumbing hanging piping, conduits, cable trays, or other equipment.
4. Design of wall systems, including internal reinforcing of window and curtainwall systems.
5. Design of exterior canopies or sally port structures.
6. Design of new mezzanines or occupied second floor spaces.
7. BIM modeling of the structural elements.
8. Opinions of probable construction costs.
9. Geotechnical investigations and material testing.
10. Fast track production of structural drawings ahead of the architectural and MEP drawings.
11. Detailing or specification of waterproofing or dampproofing. JQ may graphically indicate these
items as appropriate and designate these items as work specified elsewhere in the Construction
Documents.
12. Construction administration:
a. Additional structural observations or site visits beyond the number listed above.
b. Review of formwork and shoring drawings.
c. Review of embeds,inserts and/or hangers and accessories for hanging fire suppression piping
and equipment.
13. Special inspections or responsibility for special inspections as the registered design professional
in responsible charge (as defined by the International Building Code).
14. Assistance with the permitting process.
15. Testing of existing in place materials or framing systems to determine strengths, properties of
materials or similar information.
16. Field measurements of existing structures or framing. Existing structures or framing will be
depicted in accordance with existing documents provided by others.
ALTERNATE SERVICES
1. Analysis of the existing roof structure and design of supplemental framing to support the new
generator.
2. Additional site visits beyond the number listed in basic services.
3. Additional roof top units beyond the number listed in the basic services.
Professional Services Agreement
COFW Evidence Room Project-Bob Bolen Public Safety Complex,Fort Worth,Texas
Elements of Architecture
06.05.19
Part I—Scope of Structural Engineering Services and Compensation Page 4 of 10
4. Additional openings or penetrations through existing masonry walls beyond the number listed in
basic services.
FEES
We propose to provide engineering services for the following lump sum fees plus reimbursable expenses:
Basic Services $20,000.00
Alternate Service (1)—Generator on roof $3,500.00
Alternate Service (2)—Additional Site Visits $850.00 per visit
Alternate Service (3)—Additional Roof Top Units $750.00 per unit
Alternate Service (4)—Additional wall openings $750.00 per opening
Authorized additional services will be billed at the following hourly rates plus reimbursable expenses:
Partner $260.00/hour
Principal $225.00/ hour
Senior Project Manager $185.00/ hour
Engineering Technical Lead $195.00/ hour
Project Manager $160.00/ hour
Senior Project Engineer $145.00/hour
Project Engineer $130.00/ hour
Senior Technician $125.00/ hour
Technician $95.00/hour
Administrative $80.00/hour
REIMBURSABLE EXPENSES
Reimbursable expenses for authorized additional services will be invoiced at 1.10 times net cost to JQ.
Reimbursable expenses include:
-Travel expenses including mileage at$0.50 per mile.
- Reprographic and photographic services.
- Delivery service charges.
-Authorized sub-consultant fees.
PAYMENT SCHEDULE
Invoices for progress payments of the basic fee will be billed each month for services performed during
the prior month on a percentage of completion basis in accordance with the following schedule:
Schematic Design 15%
Design Development 20%
Construction Document 40%
Professional Services Agreement
COFW Evidence Room Project-Bob Bolen Public Safety Complex,Fort Worth,Texas
Elements of Architecture
06.05.19
Part I—Scope of Structural Engineering Services and Compensation Page 5 of 10
Bidding and Negotiation 5%
Construction Administration 20%
If this proposal is acceptable, please sign Part I and return one copy to our office.Signature of Part I also
acknowledges and accepts the terms and conditions set forth in Part II of this proposal.These documents
will serve as our contract for this project unless superseded by a standard form agreement. We appreciate
your consideration and look forward to working with you.
Sincerely,
JQ Infrastructure, LLC
Texas Registered Engineering Firm: 7986
SIrtnr
. Lucy, PE
P
Accepted by:
Elements of Architecture Date
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.
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Standard Architectural Agreement(01 July 2019) Page 1 of 1
Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at B. Bolen PSC—Attachment B August 2019