HomeMy WebLinkAboutContract 56870 CITY SECRETARY
CONTRACT NO.56870
CITY OF FORT WORTH, TEXAS
AGREEMENT FOR ARCHITECTURAL SERVICES
OLD HEMPHILL DROP-OFF STATION
SCRAP METAL AREA MODIFICATIONS
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: Old
Hemphill Drop-Off Station Scrap Metal Area Modifications.
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 Old Hemphill Drop-Off Station Scrap Metal Area
Modifications.
(1) Nothing in Attachment "A" or any other Attachments to this Agreement shall be
construed to change or modify any of the terms and conditions set forth in this
Agreement.
(2) If at any time in the course of the design, the City expands the scope of services, or
the Architect believes the City has requested services that are beyond the scope of
this Agreement, the Architect shall submit a proposal for additional fees and a
written agreement shall be reached on said proposal prior to the Architect
proceeding with the work considered to be beyond the scope of this Agreement.
The Architect shall not perform any additional services without a written agreement
with the City. Any services provided prior to reaching an agreement on additional
fees will be non-com pen sable.
(3) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Architect or its sub-consultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Architect shall not be compensated for any alleged additional work resulting from
OFFICIAL RECORD
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oral orders of any person.
(4) The Architect shall advise the City as to the necessity of the City's providing or
obtaining additional services and data from others required in connection with the
Project at the City's cost and expense (which services and data the Architect is not
to provide hereunder but on which the Architect may rely in performing services
hereunder), and act as the City's representative in connection with any such
services of others.
(5) The Construction Budget for this project shall be $350,000.00
Article II
Compensation
(1) The Architect shall be compensated (Fee and Reimbursable Expenses) in
accordance with the Fee Schedule shown in section (3) of this article. As
described in Attachment "A". However the total fee paid by the City shall not
exceed a total of $39,410.00 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 reassessment of existing design documents &
construction manual to establish scope of work 20%
b. Completion of reorganizing of existing design documents &
construction manual for permitting and bidding 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
11, 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
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e. Other Costs with Prior Approval of the City.
(5) The Architect shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of
the particular services so ordered and receipt by City of Architect's invoice for
payment of same.
(6) Acceptance by Architect of said payment shall operate as and shall release the
City from all claims or liabilities under this Agreement for anything related to,
done, or furnished in connection with the services for which payment is made,
including any act or omission of the City in connection with such services.
(7) Upon completion, the Architect may, at its option, utilize the Project to qualify for
the Energy Efficient Commercial Building Federal Tax Deduction (179D) as
permitted under IRS guidelines. If requested, the Owner shall acknowledge the
Architect as the "Designer" of the Project by completing an allocation form (that
Architect will provide) and shall allow the Architect's independent third-party
evaluation firm (and its licensed inspector) reasonable access to perform a one-
time, on-site 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-
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consultants for the accuracy and competency of its services performed
hereunder.
(2) In accordance with Texas Local Government Code Section 271 .904, the
Architect shall indemnify, hold harmless, and defend the City against liability for
any damage caused by or resulting from an act of negligence, intentional tort,
intellectual property infringement, or failure to pay a consultant or sub-consultant
committed by the Architect or Architect's agent, Architect under contract, or
another entity over which the Architect's exercises control.
Article VI
Procedures for Providing Architectural Services
(1) The Architect agrees to commit the personnel to each assignment of the
Project as appropriate in order to complete the Project in an expeditious
manner. The Architect shall meet with the City's staff as required during the
duration of the project. The Architect will assign the following key personnel to
this Project:
Principal in Charge: Debbie Fulwiler, AIA
Project Manager: Debbie Fulwiler, AIA
Project Architect: Debbie Fulwiler, AIA
The Architect may not change key personnel without the City's written approval.
(2) Programming and Schematic Design Phase:
a. The Architect shall become familiar with the site and scope of the Project.
b. The Architect shall consult with the City to clarify and define the City's
requirements relative to the Project and review available data.
c. The Architect shall become familiar with the City's document "Facilities
Division DESIGN GUIDELINES for New and Existing Facilities" and
incorporate into all phases of the work.
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(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.
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b. The design shall include all site work, design and coordination of utilities,
landscaping and facility design required for a complete and functional project.
c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and
present at two (2) City meetings (if required) during the design of the project.
d. The Architect shall prepare the design in two stages as follows, u.n.o.:
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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.
(4) Bidding Phase:
a. The Architect shall respond to Contractors' inquiries, prepare necessary
addenda, and conduct the Pre-Proposal Conference, and participate in the
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General Contractor selection process.
b. Following bidding, the Architect shall investigate the qualifications of up to five
(5) bidders and make recommendations concerning the capability of the bidder
to satisfactorily perform the Contract.
(5) Responsibility for Construction Cost
a. The Construction Budget for the Project shall be defined by the City.
b. The Architect shall provide to the City an opinion of probable construction cost
at the submission of each phase. The City shall either approve the adjustment
of the Construction Budget or direct the Architect to adjust the Project design, at
no additional cost to the City, to stay within the previously approved
Construction Budget.
c. If the Construction Budget is exceeded by the lowest bona fide bid, the City may
(1) award the contract, (2) abandon the project and terminate this agreement, or
(3) cooperate in the reduction of the Project Scope and features as required to
stay within the Construction Budget in order to rebid the Project. If the City
decides to reduce the scope of the project and rebid, the Architect shall, without
additional fee, modify the Drawings and Specifications as necessary to stay
within the Construction Budget. In the event the City abandons the project, the
City may terminate this Agreement in accordance with Article X, Termination of
Contract.
(6) Construction Phase:
a. The Architect shall assist the City with review and approval of submittals and
proposed change orders concerning the Contractor, and shall review and
advise the City with respect to the resolution of construction issues, including
Contractor Request for Information, Submittals, Change Orders, Contingency
Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval
appropriate to the stage of construction to become generally familiar with the
progress and quality of the portion of the Work completed, and to determine, in
general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents.
However, the Architect shall not be required to make exhaustive of continuous
on-site inspection to check the quality or quantity of the Work. On the basis of
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
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representatives of the City and issue AIA G704 Certificate of Substantial
Completion with City approval.
f. The Architect shall provide electronic copies of the drawings and specifications
in a format acceptable to the Contractor for the Contractor's preparation of
"Record Drawings" for the City's archives.
g. At the end of the project, the Architect use field notes, contractor provided
"Record Drawings" and other data will provide "As Built Drawings" in AutoCAD
LT 2010 format or other format as determined by the City.
(7) All designs, drawings, specifications, documents, and other work products of the
Architect, whether in hard copy or in electronic form, are instruments of service for
this Project, whether the Project is completed or not. Reuse, change, or alteration
by the City or by others acting through or on behalf of the City of any such
instruments of service without the written permission of the Architect will be at the
City's sole risk. The City shall own the final designs, drawings, specifications and
documents. Transfer of ownership of the contract documents does not constitute
sale of the documents.
Article VII
City Responsibilities
(1) Alfonso Meza will act as the City's representative with respect to the Project for
the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to the Architect's services.
(2) Provide criteria and information as to City's requirements.
(3) Assist the Architect in obtaining existing studies, reports and other available data
and services of others pertinent to the Project and in obtaining additional reports
and data as required.
(4) Upon reasonable notice arrange for access to and make all provisions for the
Architect to enter upon public and private property as may be required for the
Architect to perform services hereunder.
(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.
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(9) Manage the advertisement and bidding of the project, issue addenda, distribute
bid documents, award contract, and execute the contracts.
(10) Administer the construction of the Project.
(11) Provide inspection and management services.
(12) Provide contractors' prepared field drawings to the Architect for review.
(13) Pay all impact and utility fees and other fees not expressly assigned to the
Architect. This includes fees charged by Oncor for new or revised service.
(14) Bear all costs incident to compliance with this Article.
Article VIII
Insurance
(1) Architect shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Architect allow any subconsultants to commence work on its
subcontract until all similar insurance of the subconsultants has been so obtained
and approval given by the City; provided, however, Architect may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate limit
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
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
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Manager, 401 West 13t" Street, Fort Worth, Texas 76102, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
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.
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
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Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article IX, upon receipt of
notice of termination, Architect shall discontinue services rendered up to the date
of such termination and City shall compensate Architect based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, Architects, or contractors, or prepared by Architect,
shall be or become the property of the City, and shall be furnished to the City
prior to or at the time such services are completed, or upon termination or
expiration of this Agreement.
Article XI
Right to Audit
(1) Architect agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Architect involving
transactions relating to this Agreement. Architect agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Architect reasonable advance notice of
intended audits.
(2) Architect further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
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 theennRE��
SBE goals established for this Agreement and its accepted written commitment to m4E
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apA SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Architect may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XIII
Observe and Comply
Architect shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XIV
Venue and Jurisdiction
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.
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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 (I-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all I-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
No Boycott of Israel
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
Prohibition on Boycotting Energy Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of$100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
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Article XX
Prohibition on Discrimination Against Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XXI
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 131h Street
Fort Worth, Texas 76103
Architect:
Elements of Architecture, Inc.
Attn: Debbie Fulwiler, AIA
President
1201 6th Ave., Suite 100
Fort Worth, TX 76104
CFW—Standard Architectural Agreement(27 Sept 2021) Page 13 of 15
EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021
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.
CFW—Standard Architectural Agreement(27 Sept 2021) Page 14 of 15
EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
g, AG� administration of this contract, including
By: Dana Burghd,.ffr ,17,20 19:59CST) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Dec 17, 2021
By:
Approval Recommended: Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By:
Name: Steve Cooke
Title: Director, Property Management Dept. s
By:
Attest: Name: John B. Strong
Title: Assistant City Attorney
175' ao�" Contract Authorization: N/A
By: L 4 ette S.Goodall(Dec 20,202111 CST) M&C: Not Required
Name: Jannette Goodall 4444On�Il
pF F�RT ��
Title: City Secretary ��o°° °°°°° ad
v�o° °O�1�Idd
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VENDOR: 000000
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Elements of Architecture, Inc.
Name: Debbie Fulwiler
Title: President
Date: Nov 11, 2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CFW—Standard Architectural Agreement(27 Sept 2021)
EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021
CofEMENTS ATTACHMENT "A"
chitecture, Inc.
Revised November 01,2021
Mr.Alfonso Meza
City of Fort Worth
401 West 13th Street
Fort Worth, TX 76102
Re: Proposal for A/E Services— Hemphill Drop Off Center
Scrap Yard Modifications
Dear Alfonso;
Elements is pleased to provide to you this proposal for A/E services associated with the Scrap Metal Yard
improvements including the new retaining wall,heavy duty equipment parking&paving, as well as
Landscape/irrigation/Urban Forestry improvements. Elements will revise the design documents to
remove the workperformedbyBosecom Inc. under the previous construction contract. The revised
construction documents will incorporate anyAs-Built documentation provided by Bosecom that may affect
the improvements within the Scrap Metal Yard. We understand this project will be bid and thus have included
our typical CA Phase services. This revised proposal also incorporates an additional cost estimate for the
proposed work given the timing since the original pricing by Basecom. We have defined our scope of services
for this project as follows:
SCOPE OF SERVICES
Construction Documents Phase
1. Revise the original Old Hemphl#Drop Off Station construction documents(drawings&
specifications),to develop a new set of construction documents that reflect the remaining Scrap
Metal Yard improvements per our current understanding of the project.
2. Provide an estimate of probable construction costs.
3. Submit construction documents for review only.
4. Modify documents as required per City review.
5. Final Construction Documents and provide to the city for distribution.
Submittal/Bidding Phase
1. Submit documents for TDLR review.
2. Submit documents for permitting to the city and coordinate this effort through receipt of building permit
for general construction.
3. Attend a Pre-Bid meeting
4. Provide any addenda for clarification to the documents.
5. Review bids and evaluate 3 best bidders.
6. Review meeting for GC selection with the City and stakeholders.
Page 1 of 2
Elements of Architecture, Inc. 1 1201 6'h Avenue, Suite 100, Fort Worth, Texas 76104 1 817.333.2880
Construction Administration Phase
1. Bi-weekly OAC meetings during construction with an assumption of 4 months of construction for a total of
8 meetings.
2. Respond to RFI's for clarification to the documents.
3. Review of Shop Drawings and other submittals as stipulated in the construction documents.
4. Review of testing laboratory reports.
5. Punchlist to review conditions and generate a list of deficiencies to design intent.
6. Prepare record documents from as-built documents and review of closeout documents by the contractor.
Exclusions and Qualifications to This Proposal:
1. Proposals for civil and structural consultants are attached with the information included as if provided
within this proposal.
2. We have not included MEP Engineering, nor do we believe these are required for this project. If we see
that these are needed, we will provide a proposal for these services.
PROPOSED FEE
Labor
We propose to provide our services as identified in this proposal for the lump sum amount as follows:
Architectural Services $19,500
CD Phase - $3,000
Submittal/Bidding Phase - $4,500
CA Phase - $12,000
Structural Engineering (2,400 x 1.1) $ 2,640
Civil Engineering (13,000 x 1.1) $14,300
CD Phase - $4,000
Permitting - $3,500
CA Phase - $5,500
Estimating Services ($2,700 x 1.1) 2,970
PROJECT LABOR TOTAL $39,410
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 $3,200.
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,
E L
Debbie Fulwiler, AIA
President
Attachments: Structural Engineering Proposal by RLWA
Civil Engineering Proposal by Carrillo
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
ELEMENTS OF ARCHITECTURE, INC.
1201 6TH AVE., SUITE 100
FORT WORTH, TX 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.
Debbie Fulwiler
1. Name: President
Position.
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/ CEO
Other Title:
Date: Nov 11, 2021
CFW—Standard Architectural Agreement(27 Sept 2021) Page 1 of 1
EOA, Inc.-Old Hemphill DOS Scrap Metal Area Modifications, PMD2021-08 November 2021