HomeMy WebLinkAboutContract 56908 CSC No. 56908
CITY OF FORT WORTH, TEXAS
AGREEMENT FOR ARCHITECTURAL SERVICES
FOREST PARK ENFAC
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and Brinkley Sargent Wiginton Inc., authorized to do business in Texas, an
independent contractor ("Architect"), for a PROJECT generally described as: Forest Park
Enhanced Family Aquatics Center.
The Agreement documents shall include the following:
1 . This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Service
(1 ) Architect hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Forest Park Enhanced Family
Aquatics Center. Nothing in Attachment "A" or any other Attachments to this
Agreement shall be construed to change or modify any of the terms and conditions
set forth in this Agreement.
(2) If at any time in the course of the design, the City expands the scope of services, or
the Architect believes the City has requested services that are beyond the scope of
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
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1 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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 $5,550,000.00.
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 $99,900.00 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 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
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II, Compensation.
(4) Reimbursement of allowable expenses shall have prior approval of the City.
Allowable expenses include:
a. Printing Costs
b. Renderings or Models for Public and City meetings
c. Postage and Courier Expenses
d. Travel, Mileage Only
e. Other Costs with Prior Approval of the City.
(5) The Architect shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of
the particular services so ordered and receipt by City of Architect's invoice for
payment of same.
(6) Acceptance by Architect of said payment shall operate as and shall release the
City from all claims or liabilities under this Agreement for anything related to,
done, or furnished in connection with the services for which payment is made,
including any act or omission of the City in connection with such services.
(7) Upon completion, the Architect may, at its option, utilize the Project to qualify for
the Energy Efficient Commercial Building Federal Tax Deduction (179D) as
permitted under IRS guidelines. If requested, the Owner shall acknowledge the
Architect as the "Designer" of the Project by completing an allocation form (that
Architect will provide) and shall allow the Architect's independent third-party
evaluation firm (and its licensed inspector) reasonable access to perform a one-
time, on-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.
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Article IV
Independent Contractor
Architect shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Architect shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of 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.
(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:
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Principal in Charge: Dwayne Brinkley
Project Manager: Stephen Springs
Project Architect: Carlos Guerra
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.
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.
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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
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.
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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
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"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) Ronnie Clements will act as the City's representative with respect to the Project
for the purposes of transmitting instructions, receiving information, interpreting
and defining City's policies and decisions with respect to the Architect's services.
(2) Provide criteria and information as to City's requirements.
(3) Assist the Architect in obtaining existing studies, reports and other available data
and services of others pertinent to the Project and in obtaining additional reports
and data as required.
(4) Upon reasonable notice arrange for access to and make all provisions for the
Architect to enter upon public and private property as may be required for the
Architect to perform services hereunder.
(5) Review all reports, recommendations and other documents and provide written
decisions pertaining thereto within a reasonable time.
(6) Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by Architect, obtain advice of an attorney, insurance
counselor and other architects as it deems appropriate for such examination and
render in writing decisions pertaining thereto within a reasonable time so as not
to delay the services of Architect.
(7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling
the Project construction contract documents.
(8) Prepare easements and right-of-way acquisition conveyance documents, from
descriptions provided by the Architect, contact owners, negotiate for or condemn
all easements and right-of-way, pay all filing and legal fees associated therewith.
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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
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a. Except for employer's liability insurance coverage under Architect's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Architect's insurance policies.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services
Manager, 401 West 13t" Street, Fort Worth, Texas 76102, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
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.
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I. Upon the request of City, Architect shall provide complete copies of all
insurance policies required by these Agreement documents.
Article IX
Transfer or Assignment
City and Architect each bind themselves, and their lawful successors and assigns, to this
Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article X
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days written notice.
Either the City or the Architect for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article IX, upon receipt of
notice of termination, Architect shall discontinue services rendered up to the date
of such termination and City shall compensate Architect based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, Architects, or contractors, or prepared by Architect,
shall be or become the property of the City, and shall be furnished to the City
prior to or at the time such services are completed, or upon termination or
expiration of this Agreement.
Article XI
Right to Audit
(1) Architect agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Architect involving
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
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the provisions of this section. City shall give Architect reasonable advance notice of
intended audits.
(2) Architect further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub-consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub-consultant facilities, and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
article. City shall give Architect and any sub-consultant reasonable advance
notice of intended audit.
(3) Architect and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Architect for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
Article XII
Minority Business and Small Business Enterprise (MBE) (SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Architect acknowledges the MBE and
SBE goals established for this Agreement and its accepted written commitment to MBE
and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Architect may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XIII
Observe and Comply
Architect shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
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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 (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
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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.
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
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$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 131" Street
Fort Worth, Texas 76103
Architect:
Brinkley Sargent Wiginton Inc.
Attn: Stephen Springs AIA
5000 Quorum, Suite 600
Dallas, Texas 75254
Article XX
Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
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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
19ana 24L( hldo administration of this contract, including
By: )anaBurghdoff ec30,202117:35CST) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Dec 30, 2021
By. �•/Vy�• .
Approval Recommended: Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By: Steve 29,202116:54 CST)
Name: Steve Cooke
Title: Director, Property Management Dept.
By:
Attest: Name: John B. Strong
Title: Assistant City Attorney
7GZ�I�IG��G d C7000��GG Contract Authorization:
By a•ette S.Goodall(Jan 3,202211:10 CST) .p' -Q4 n FORT��� M&C: N/A
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Title: City Secretary dti� o",0
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VENDOR:
Brinkley Sargent Wiginton Architects, Inc
By: Stephe prings(Dec 28,20 09:37 CST
Name: Stephen Springs, AIA
Title: Senior Principal
Date: Dec 28, 2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Architectural Agreement 9/27/2021
16
Attachment "A"
ARCHITECTURAL SERVICES PROPOSAL
December 2021
FORT WORTH FOREST PARK AQUATIC CENTER
SERVICES AND COMPENSATION
A/E BASIC SERVICES INCLUDED IN THE CONTRACT SCOPE OF WORK.
A. BASIC A/E SERVICES (THROUGH SCHEMATIC DESIGN ONLY): ($70.000)
(Based upon$5.1M construction budget,and contemplating the amenity set illustrated in the 2012 Aquatic
Masterplan concept approach attached below)
Basic Services includes design of schematic site plans,building plans,and architectural concepts. Includes
up to three conceptual options leading to a consensus-based final schematic option as approved by City.
Fees beyond schematic design phase will be determined based on finalized scope of work.
B. SUPPLEMENTAL SERVICES IN ARE INCLUDED AS FOLLOWS:
*indicates services provided by MWBE subcontract.
*SITE SURVEY: Topographic & tree survey as describe by attached proposal from JQ Infrastructure.
($13,500)
AQUATIC DESIGN SERVICES(THROUGH SCHEMATIC DESIGN ONLY): Schematic design of pool
options in concert with Basic Services. ($16 400)
EXCLUDED SUPPLEMENTAL SERVICES ARE AS FOLLOWS:
Any services not explicitly stated above.
SUMMARY OF PROFESSIONAL FEES:
Basic Professional Services $70,000
Supplemental Services $29,900
TOTAL PROFESSIONAL CONTRACT $99,900
Fort Worth Forest Park Aquatic Center Exhibit C,Page i of 2
2012 Fort Worth Aquatic Master Plan Study
Family Aquatic Center Concept Plan
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Fort Worth Forest Park Aquatic Center Exhibit C,Page 2 of 2
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loo GLASS STREET,SUITE 201,DALLAS,TEXAS 75207
972 392.7340 PHONE
JQIENG.COM
12.15.21
Mr. Steven Springs, AIA
Brinkley Sargent Wiginton Architects
5000 Quorum Dr. #600
Dallas,Texas 75254
Re: Proposal—Forest Park Pool Survey— Fort Worth,Texas
Dear Mr. Springs,
We are pleased to express our interest in providing land surveying 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 a Survey of the Forest Park Pool area. See attached Exhibit
A for the survey limits.
LAND SURVEYING SERVICES
(JQI)Texas Land Surveying Firm Registration No. 10193718
Our land surveying services will include the following:
1. Topographic Survey
a. Establish a minimum of two (2) temporary control monuments (typically a 5/8-inch iron rod
with yellow plastic cap stamped JQ TRAVERSE), provide coordinates (northing, easting, and
elevation) and graphically show on the topographic surveying exhibit.
b. All horizontal survey data will be surveyed relative to the North American Datum of 1983(NAD
83),Texas State Plane Coordinate System, North Central Zone-4202 (surface coordinates).
c. All vertical survey data will be surveyed relative to the City of Fort Worth Vertical Datum.
d. Location of permanent improvements on and immediately adjacent to the site.
e. Spot elevations on a 25-foot grid or break in grade for hard surface and 50-foot grid or break
in grade for natural ground.
f. Top of curb and gutter elevations for paving on and adjacent to the site.
g. Location of permanent improvements on and immediately adjacent to the site.
h. Location of all sidewalks on and adjacent to the site.
i. Location of all buildings with finish floor elevations.
j. Location of visible utilities and appurtenances.
STRUCTURAL I CIVIL I SURVEYING
Professional Services Agreement
Proposal—Forest Park Pool Survey—Fort Worth,Texas
Brinkley Sargent Wiginton Architects
12.07.21
Part I—Scope of Land Surveying Services and Compensation Page 2 of 10
k. Flowline elevations on wastewater manholes, storm drainage manholes and inlets.
I. Contours on one-foot intervals.
m. Locate the retaining wall E/SE of the pool (beyond the fence —shown in yellow). It is not
entirely visible .
n. Locate the remnant of the original pool (shown in purple)
2. Tree Survey
a. Prepare a tree survey in accordance with the City's Subdivision Ordinance and Developmental
guidelines for location of trees 6" or larger.
b. Label tree with tag and number.
c. Create a tree table on survey showing tree number, common name (if known), and diameter
of tree, and condition.
d. locate the tree dripline/canopy inside the red area line.
e. Excludes review and acceptance by an Arborist.
Not authorized
3. Final Plat
a. Preparation of a Preliminary and Final Plat, per the City of Fort Worth re u S.
b. Process and address comment provided by the City to obtain a at the preliminary and
final stages.
c. Unless otherwise prohibited by la ere no monument exists, set permanent iron pin
(monument) or oth ' a le permanent monument at property corners; drive pin
adequat ground to prevent movement and mark with wood stake; state on the
awing(s) whether corners were found or set and describe each.
SERVICES EXCLUDED FROM BASIC SERVICES
1. Any scope of work not specifically stated above.
2. ALTA surveys.
3. Utility research. It is our understanding that this information will be provided to JQ by others.
4. Easement documents.
5. Geotechnical investigations and material testing.
6. Additional site visits beyond the number required to perform the tasks listed above.
7. Printing of submittals for Owner review or bidding.
8. Payment of any and all platting and plan review fees imposed by the City of Fort Worth,Texas.
9. As-built survey for the site.
10. Subsurface Utility Engineering (SUE)to determine the location of existing utilities.
Professional Services Agreement
Proposal—Forest Park Pool Survey—Fort Worth,Texas
Brinkley Sargent Wiginton Architects
12.07.21
Part I—Scope of Land Surveying Services and Compensation Page 3 of 10
11. Update of survey of improvements after initial survey has been performed.
ALTERNATE SERVICES
1. Additional site visits beyond the number listed in basic services.
FEES
Validity of Proposal: The proposal shall remain open and valid for a period of at least 90 days from the
designated date indicated above. Once proposal is accepted during this period, the price quoted will
remain unchanged for the entire period of the resulting contract unless otherwise specified.
We propose to provide land surveying services for the following lump sum fees plus reimbursable
expenses.
A. Topographic Survey $ 8,500.00
B. Tree Survey $ 5,000.00
�. rinel f�la �14,999-99. Not authorized
** subject to sales tax if applicable
Authorized additional services will be billed at the following hourly rates plus reimbursable expense
Partner $275.00/hour
Principal $235.00/ hour
Senior Project Manager $195.00/ hour
Engineering Technical Lead $205.00/ hour
Project Manager $165.00/ hour
Senior Project Engineer $150.00/ hour
Project Engineer $135.00/ hour
Senior Technician $130.00/ hour
Technician $100.00/ hour
Administrative $90.00/hour
Senior Registered Professional Land Surveyor $180.00/ hour
Registered Professional Land Surveyor $150.00/ hour
Survey Crew(1 Man) $135.00/ hour
Survey Crew(2 Man) $180.00/ hour
REIMBURSABLE EXPENSES
Reimbursable expenses will be invoiced at net cost to JQ. Reimbursable expenses include:
-Travel expenses including mileage at$0.50 per mile.
Professional Services Agreement
Proposal—Forest Park Pool Survey—Fort Worth,Texas
Brinkley Sargent Wiginton Architects
12.07.21
Part I—Scope of Land Surveying Services and Compensation Page 4 of 10
- 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.
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
SInr
Lucy, PE
P
Accepted by:
Mr. Steven Springs, AIA Date
Brinkley Sargent Wiginton Architects
Professional Services Agreement
Proposal—Forest Park Pool Survey—Fort Worth,Texas
Brinkley Sargent Wiginton Architects
12.07.21
Part I—Scope of Land Surveying Services and Compensation Page 5 of 10
41
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EXHIBIT "A"
ATTACHMENT"S"
VERIFICATION OF SIGNATURE AUTHORITY
Brinkley Sargent Wiginton Architects,Inc.
5000 Quorum Drive, Suite 600
Dallas,Texas 75254
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 (°Farm°) hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering Into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name: Stephen Springs,AIA
Position.Senior principal
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Na �e: Harol Sa ent,AIA
Signature of +dent/CEO
Other Title:
Date: ��2�I ®2
L '
Standard Architectural Agreement 9/27/2021
18
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