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HomeMy WebLinkAboutContract 52790 C1 T Y 3 Fir--?ARY CONTRACT N0. o�_I O co �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 Standard Architectural Agreement(01 July 2019) Page of 1 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC FT v loa on 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 Standard Architectural Agreement(01 July 2019) Page 2 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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. Standard Architectural Agreement(01 July 2019) Page 3 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 (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. Standard Architectural Agreement(01 July 2019) Page 4 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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. Standard Architectural Agreement(01 July 2019) Page 5 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 (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. Standard Architectural Agreement(01 July 2019) Page 6 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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. Standard Architectural Agreement(01 July 2019) Page 7 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 (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. Standard Architectural Agreement(01 July 2019) Page 8 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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. Standard Architectural Agreement(01 July 2019) Page 9 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 (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. Standard Architectural Agreement(01 July 2019) Page 10 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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), Standard Architectural Agreement(01 July 2019) Page 11 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 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 Standard Architectural Agreement(01 July 2019) Page 12 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 Article XX Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Standard Architectural Agreement(01 July 2019) Page 13 of 14 Police Dept. Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC August 2019 Article XXI Counterparts: This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 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 Standard Architectural Agreement(01 July 2019) ge,14,of 14, Police Dept.Property/Evidence Room&Fire Depart.Arson Unit Build Out at Bob Bolen PSC F d %Ls't 2019 j,TX 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. �tL6LI - 1. Name: Position gnatur 2. Name: Position: Signature 3. Name: Position: Signature 2 Nat kPr e'NsOHWt/ CEO Other Title::: Date: V / 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