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HomeMy WebLinkAboutContract 57930 CSC No. 57930 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Thompson, Ventulett, Stainback & Associates, Inc. , authorized to do business in Texas, an independent contractor ("Consultant" or "Vendor" or "Architect"), for a PROJECT generally described as: Fort Worth Convention Center Expansion Master Planning and Programming Stage One. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachments "A", 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" 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 Services (1) Consultant 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 Fort Worth Convention Center Master Planning and Programming Stage One. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars ($99,999.00) unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. OFFICIAL RECORD City of Fort Worth,Texas Standard Agreeme Revision Date:11/22/2021 CITY SECRETARY Page 1 of 12 FT. WORTH, TX The Consultant 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 Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for payment in connection with the services for which payment is made, including any act or omission of the City in connection with such services. For Additional Services that may arise during the course of the Project, the City shall compensate the Architect as follows: Lump Sum or Hourly, as mutually agreed by the City and the Architect. The hourly billing rates for services of the Architect and the Architect's consultants are set forth on the form attached and incorporated as Attachment "A-5" — Hourly Rate Schedule. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. Prior to proceeding with any Additional Services, the architect shall have approval from the Owner. Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: (i) Transportation and authorized out-of-town travel and subsistence; (ii) Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; (iii) Permitting and other fees required by authorities having jurisdiction over the Project; (iv) Printing, reproductions, plots, and standard form documents; (v) Postage, handling, and delivery; (vi) Renderings, physical models, mock-ups, professional photography, and presentation materials required by the City or other stakeholders in the Project; (ix) All taxes levied on professional services and on reimbursable expenses; (vii) Site office expenses, if required by the Owner; (viii) Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective. Compensation for Reimbursable Expenses shall be invoiced "at cost" of the expenses incurred by the Architect and the Architect's consultants — not to exceed Ten Thousand Dollars ($10,000). City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 2 of 12 The Architect shall endeavor to plan travel and coordinate with both near and long term project plans to optimize costs for flights and hotel stays, and shall maintain a reasonable per diem for food, transportation, and other travel costs. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Three (3) months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Consultant shall perform its services with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional (the "Standard of Care"). Consultant shall exercise the Standard of Care such that work performed by Consultant complies 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 Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend (except from professional liability claims) the City against liability for any damage to the extent caused by an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 3 of 12 Article VI Insurance (1) Consultant 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 Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant 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 aggregate 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 131h Street, Fort Worth, TX 76012, 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 insurer-cancellation, and/or non-renewal. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 4 of 12 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 Consultant's insurance. i. Consultant'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, Consultant 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. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 5 of 12 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant 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, consultants, or contractors, or prepared by Consultant, 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 IX Right to Audit (1) Consultant 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 Consultant involving transactions relating to this Agreement. Consultant 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 Consultant reasonable advance notice of intended audits. (2) Consultant 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 Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 6 of 12 Article X 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. Consultant 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 Consultant 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 XI Observe and Comply Consultant 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. Consultant 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 XII 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 7 of 12 Article XIII 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 XIV 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 XV 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. Article XVI 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 8 of 12 Article XVII 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 XVIII 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 XIX 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 9 of 12 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 XX 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: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 131h Street Fort Worth, Texas 76102 Consultant: Thompson, Ventulett, Stainback & Associates, Inc. Attn: Janet Simpson, President 1230 Peachtree Street, NE/ Suite 2700 Atlanta, Georgia 30309 Article XXI Miscellaneous Provisions A. Payment Payment shall not be withheld from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. If the City fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 10 of 12 B. Ownership of Documents The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. The Architect grants to the City a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the City substantially performs its obligations under this Agreement, including prompt payment of all sums due. C. Hazardous Materials The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11/22/2021 Project Name Page 11 of 12 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 "7a'V'e'- administration of this contract, including By: Dana Burghd off(Aug 2,202 4:52CDT) ensuring all performance and reporting Name: Dana Burghdoff requirements. Title: Assistant City Manager Date: Aug 2, 2022 By: Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By. Steve o6ke(Jul 25,202215:09 CDT) Name: Steve Cooke Title: Director, Property Management Dept. By: � Attest: Name: John B. Strong Title: Assistant City Attorney �a�s Contract Authorization: By: JannetteS.Goodall(Aug2,202215:88CDT) M&C: N/A Name: Jannette Goodall 4o444n�� Title: City Secretary F...00 add ° o _�° o d �v° °=A ° �� °° plc,, VENDOR: �� °°°°°°°° a Thompson, Ventulett, Stainback & Associates, � nFXASaaa Inc. 9�e-t-suv� By: Janet Simpson(Ju 25,202216:08V Name: Janet Simpson Title: President Date: Jul 25, 2022 OFFICIAL RECORD City of Fort Worth,Texas Standard Agreeme Revision Date:11/22/2021 Page 12 of 12 CITY SECRETARY FT. WORTH, TX STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF FORT WORTH,TEXAS ATTACHMENT A SCOPE OF SERVICES—Master Planning and Programming Stage One I INITIAL INFORMATION A. Program The Fort Worth Convention Center Expansion Project Program is based on Forth Worth Convention Center Expansion Market and Feasibility Analysis Update,dated March 11,2019, prepared by Hunden Strategic Partners for the City of Fort Worth. The scope of work of the expansion/renovation is as outlined in Request for Statement of Qualifications for Fort Worth Convention Center Architectural and Engineering Services,dated February 24,2022. City's program and criteria shall be accomplished within the boundary established by the Project Scope and Limit Diagram,attached,and incorporated as Attachment "A-1". B. Physical Characteristics Fort Worth Convention Center is located at 1201 Houston Street, Fort Worth,TX 76102. The Expansion/Renovation of the Fort Worth Convention Center will consist of two phases.The scope of work of this agreement will cover Master Planning and Programming Stage one as the initial phase of the overall renovation project. Master Planning and Programming Stage one scope of work includes the following components: (i) Demolition of the existing Annex building. (ii) Design of the new loading docks that serve existing exhibit halls. (iii) Addition of multi-story kitchen on the southeast corner of existing building, relocation of the existing electrical vault to southeast corner,and renovation of the existing southeast corner of the building. (iv) Re-configuration of Commerce Street Right of Way, including commerce street improvement, water,storm water,sanitary sewer,and utility relocations and reconnections. (v) Future meeting space circulation and back of house space along east side of the facility. C. Budget Phase 1 Construction budget is Fifty-Two Million Dollars($52,000,000),including utility provider cost and road relocation. D. Schedule Design phase durations: (i) Master Planning and Programming Stage one:Six(6)weeks,which period shall commence upon Architect's receipt of Notice to Proceed by City Design Component Workshop Date Loading Dock Configuration July 13,2022 Commerce Street options Studies July 20,2022 Southeast Corner Study July 27,2022 Electrical Vault Design August 3,2022 Engineering Study August 3,2022 AHJ and Stakeholder Review Meetings August 17,2022 Attachment A-Scope of Services—Master Planning and Programming Stage One Page 1 1 Master Planning Stage One Report August 17,2022 Time durations beyond the control of the Architect such as the review and approval time of the design phase documents by governmental authorities and/or the City are not included in durations shown herein. It is anticipated for the purpose of the Architect maintaining continuity of project team and schedule that phase approvals will be provided within five(5) business days after Architect delivers phase documents for approval. E. Delivery Method Not applicable during preliminary design phase. F. Sustainable Objective No Sustainable Objective provided by the City. G. City's Representative The City identifies the following representative to act on behalf of the City with respect to the Project. Michael Crum, Project Director City of Fort Worth 1201 Houston St. Fort Worth,Texas 76102 Michael.Crum@fortworth.gov David Crabtree, Project Manager Broaddus&Associates 905 West Mitchell Arlington,TX 76013 dcrabtree@broaddusUSA.com Cell: (972)215-9198 H. Architect's Representative The Architect identifies the following representative to act on behalf of the Architect with respect to the Project. Rob Svedberg, Principal Thompson,Ventulett,Stainback&Associates, Inc 1230 Peachtree St.Suite 2700 Atlanta,GA 30309 rvvedberg@tvsdesign.com I. City Consultants The City shall retain the following consultants: Geotechnical Engineer Alliance Geo Technical Group 3228 Halifax Street, Dallas,TX 75247 Phone: 972.444.8889 J. Architect's Service Consultants Attachment A-Scope of Services—Master Planning and Programming Stage One Page 12 The Architect shall retain the following consultants under Services: Associate Architect Bennett Partners 640 Taylor Street,Suite 2323 Fort Worth,Texas 76102 Michael J. Bennett, Principal M Bennett@bennett.partners 817.335.4991 Structural Engineer: Magnusson Klemencic Associates, In 1301 Fifth Avenue,Suite 3200 Seattle,Washington 98101 Derek M Beaman,Senior Principal dbeaman@mka.com 206.215.8332 Mechanical Engineer: ME Engineers 14143 Denver West Parkway,Suite 300 Golden,CO 80401 Brian Unekis, PE Brian.Unekis@me-engineers.com 303.507.0091 Electrical Engineer: ME Engineers 14143 Denver West Parkway,Suite 300 Golden,CO 80401 Brian Unekis, PE Brian.Unekis@me-engineers.com 303.507.0091 Plumbing/Fire Protection Engineers: ME Engineers 14143 Denver West Parkway,Suite 300 Golden,CO 80401 Brian Unekis, PE Brian.Unekis@me-engineers.com 303.507.0091 Civil &Traffic Engineer: Dunaway 550 Bailey Avenue Suite 400 Fort Worth,TX 76107 Jeff S.Taylor, PE jTaylor@dunaway.com 817.335.1121 Code: Howe Engineers Attachment A-Scope of Services—Master Planning and Programming Stage One Page 13 141 Longwater Drive,Suite 110, Norwell, MA 02061 Andrew Newman, P.E. Andrew@howeengineers.com 781.878.3500x201 K. Transmission and Use Conditions of Instruments of Service Protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form shall be as follows: (i) For the purposes of the exchange of documents, Electronic Files shall be considered in two categories: Category 1, read only(secure)electronic files such as pdfs,scanned images,etc.,or Category 2,open (editable)electronic files which will be exchanged in their native application such as Building Information Modeling(BIM),word processing,spreadsheets,etc. (ii) Only Category 1 Electronic Files may be considered governing versions of the Architect's work product. To the extent documents are marked and/or signed/sealed by the Architect for a specific, intended purpose such as for permitting, released for construction or a latest revision shall Category 1 electronic files be considered Contract Documents for construction; (iii) Category 2 Electronic Files are not governing versions of the Architect's work product and are therefore, not Contract Documents for construction; (iv) Category 2 Electronic Files furnished by Architect represent only the temporary status of the file(s) as of the date of transmittal,which files are subject to modification and revision at any time. The level of development and level of detail represented by computer aided electronic documents,such as Building Information Modeling("BIM"),will be developed and represented at different rates through the design process and at each phase consistent with the Standard of Care for the Architect; (v) under no circumstances are Electronic Files(both Category 1 or 2)to be construed as representing any actual as-built condition; (vi) Electronic Files(both Category 1 and 2) may not be used for any other Project; (vii) recipient acknowledges that Category 2 Electronic Files are for information purposes only and should not be relied upon by the recipient without independent review and confirmation of all relevant information; (viii) recipient agrees to release, hold harmless and waive claims against the Architect which might arise as a result of the recipient's use of Category 2 Electronic Files,or breach of these use conditions; (ix) recipient agrees to use reasonable precaution to secure Electronic Files(both Category 1 and 2)against transmission, whether inadvertent or intended, to parties that are not authorized by the City of the Project; (x) any subsequent revisions or modifications to these Electronic Files (both Category 1 and 2) are the responsibility of the party making such changes; Attachment A-Scope of Services—Master Planning and Programming Stage One Page 14 (xi) due to the diagrammatic nature of Electronic Files (both Category 1 and 2) and due to differences in computer systems, hardware, software, and translation/conversion processes between systems, the Architect is not responsible for any dimensional inaccuracies or for the accuracy and completeness of any translation and/or transmittal process from the original file(s); (xii) recipient acknowledges that the automated conversion or transfer of electronic documents (both Category 1 and 2) may introduce inexactitudes,anomalies,corruptions,deletions,or errors. (xiii) Category 2 Electronic Files in electronic media format or text, data, graphic, or other types that are furnished by the Architect to a recipient are only for the convenience of the recipient user. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk; (xiv) the Architect makes no representations as to long-term compatibility, usability, or readability of Electronic Files(Category 1 and 2) resulting from the use of software application packages, operating systems,or computer hardware different from those in use by the Architect and its consultants at the time of transmission. Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. II SCOPE OF ARCHITECT'S SERVICES A. General The Architect's Services consist of those described in this Article II and include structural, mechanical, electrical, plumbing and fire protection engineering services.Services not set forth in this Article Hare Supplemental or Additional Services. The Architect shall manage the Architect's services, research applicable design criteria,attend Project meetings,communicate with members of the Project team,and report progress to the City. The Architect shall coordinate its services with those services provided by the City and the City's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the City and the City's consultants. B. Master Planning Stage One Service Architect shall prepare a preliminary review of the City's goals and objectives related to the convention center master plan.The master plan and programming stage one will mainly focus on the following areas as incorporated in attachment"A-1 ". 1. New Loading Dock Configuration and optimization. 2. New electrical vault location/configuration and coordination with Oncor. 3. Commerce street configuration—multiple options. 4. Southeast entry and public circulation area. Attachment A-Scope of Services—Master Planning and Programming Stage One Page 1 5 C. Master Planning and Programming Stage One Deliverables: 1. Illustrative site plan for convention center renovation/expansion and commerce street re-configuration. 2. Concept building floor plans for each level-phase 1 and phase 2 3. Concept building elevations and sections-phase 1 and phase 2 4. In-house exterior renderings illustrating the southeast corner and new loading dock area. (Professional renderings are not included in this phase.) 5. Concept/master planning civil,structural,and MEP studies. III FEE SCHEDULE A. Master Planning and Programming Stage One $99,999 IV SCOPE OF ATTACHMENT A. Attachment A Attachment A is comprised of the following documents identified below and incorporated herein: (i) Attachment A (ii) Attachment"A-1": Project Scope and Limit Diagram (iii) Attachment"A-2": Not Used (iv) Attachment"A-3": Phase Approval Form (v) Attachment"A-4": Additional Service Authorization Form (vi) Attachment"A-5": Hourly Rate Schedule (vii) Attachment"A-6": Invoice Template End of Attachment"A"—Scope of Services—Master Planning and Programming Stage one Attachment A-Scope of Services—Master Planning and Programming Stage One Page 16 Attachment "A-1": Project Scope and Limit Diagram A) (n CD Vr^ A� J n > G) m � 03 m7 3 M �� O x O x x --------- -a ----------- z � m 91n z zi O m z m m m m m O Q o 0 Z 1 J I m ------°--------°---- � I I Pao•, m r D i Z ----------I----- -------------------- ---- --------- cn D \ \ I � \ I e •,1 I '/�/7�'� � I II I r I� �? �J i i as e a a i i O / e m m r z D � mc)z �o cn a y DD� � mcl zgom D Qo z m 0O z � zm 0 0 n 0 m o' C� CD io � o 0 N O l --- � i 0 to \\ I / .. 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Fa=l -0 Fl M - all _rT1 rni"E- -lip 000000 0 0 m m m ;rs -0 -0 0 _0 m -0 Cf) M -0 r- ;=w zT 0 0 CD CSTICD :3 3 CD 0 0 :3 n cn o cn Cn Cn CD CD CD 0 (D cn CD < CD a3 n Co 0 S13 CD C/) 0 0 CD 0 0 :3 (D 70 0 0 :3 70 W SD CD (D O = 5CD U) CD 0 0 ca :q =1 Attachment "A-2": Not Used Attachment "A-311 : Phase Approval Form ATTACHMENT A-3 TO STANDARD FORM OF AGREEMENT OWNER AND ARCHITECT PHASE APPROVAL FORM DATE: TO: Thompson, Ventulett, Stainback&Associates, Inc 2700 Promenade 1230 Peachtree Street, NE Atlanta, Georgia 30309 RE: Phase Approval TVS&A PROJECT NUMBER: 11410 APPROVED: Design Phase approval for: (Master Planning /Programming) (Schematic Design Phase Services) (Design Development Phase Services) (Construction Documents Phase Services) as defined in the Owner Builder/Architect Agreement By execution of this document, you hereby authorize the architect to proceed with the next Phase for the project. This authorization is made after our(Month/Day/Year) review of the (Master Planning/Programming )(Schematic Design Phase Services) (Design Development Phase Services) (Construction Documents) as prepared by the Architect and its consultants. No exceptions Exceptions as per attached list: The estimated Construction Cost Budget is authorized at_ Dollars ($ ). OWNER: Authorized By: Title/Date Attachment "A-4": Additional Service Authorization Form ATTACHMENT A-4 TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT ADDITIONAL SERVICES AUTHORIZATION (ASA) TO: TVS Base Project Number: 11410*000 DATE: FROM: ASA No: In accordance with Article III, Paragraph B of the Owner/Architect Agreement Attachment A, Scope of Service - Phase One, written authorization by the Owner is hereby requested for performance of the below listed Additional Service. Additional Services Title: Services to be performed by: Description of Services: Hourly Hourly with COSTS: Estimated Estimated Max. Lump Sum Invoiced Amt. Submitted by: Authorized by: Architect Owner Date Date Attachment "A-5": Hourly Rate Schedule Attachment A-5: Hourly Rates Thompson, Ventulett, Stainback&Associates, Inc (2022) Classification Hourly Billing Rate Sector Principal $400 Principal ( Level 1) $285 Associate Principal (Level 2) $235 Senior Associate (Level 3) $175 Associate ( Level 4) $145 Design Professional ( Level 5) $120 Specification Writer $160 Intern $90 Resource 1 $220 Resource 2 $140 Resource 3 $100 Resource 4 $90 Resource 5 $75 Bennett Partners Classification Hourly Billing Rate Principal $300 Senior Project Manager $180 Project Manger $170 Project Architect 1 $160 Project Architect 11 $140 Landscape Architect 1 $150 Landscape Architect 11 $100 Project Coordinator 1 $125 Project Coordinator 11 $110 Interior Designer $150 Interior Designer 1 $130 Interior Designer 11 $110 Interior Design Intern $80 Construction Administrator $140 Technician 1 $120 Technician 11 $90 Sr. Administrative $120 Administrative $110 Planner $120 Urban Planner $150 Development Analyst/ Planner $120 Planning Intern $100 IT Management $110 ME Engineers Classification Hourly Billing Rate Senior Principal $310 Principal $290 Associate principal $270 Sr. Associate $250 Associate $235 Senior Project Manager $225 Project Manager $195 Project Engineer $165 Designer $145 Sr. BIM Coordinator $135 BIM Coordinator $130 CAD Technician $120 Administrative Staff $115 Magnusson Klemencic Assocates (MKA) 2022 Classification Hourly Billing Rate Jon Magnusson $425 Ron Klemencic $425 Senior Principal ( Senior Vice President) $375 Principal (Vice President) $325 Senior Associate $270 Associate $225 Senior Engineer $190 Engineer $160 Senior BIM Specialist $180 BIM Specialist $145 Administrative Support $105 Dunaway(2022 Standard Hourly Bill Rate Schedule) Classification Hourly Billing Rate Administrative $90-$160 Information Systems $110-$121 Marketing/Business Development $95-$275 Financial $125-$286 Civil Technician $110-$127 Civil Designer $65-$145 Graduate Engineer $132-$150 Project Engineer $147-$226 Managing Engineer $175-$193 Technical Engineer $215-$260 Project Surveyor $150-$173 Survey Party Chief $132-$167 Survey Technician $91-$183 Survey Field Assistant $71-$89 GIS $100-$171 Planner $175-$231 Planning Analyst $111-$139 Landscape Architect intern $111-$122 Landscape Designer $115-$145 Landscape Architect $121-$171 Environmental Scientist $111-$176 Intern $75-$83 Construction Inspectors $125-$150 Discipline Lead $147-$270 Engagement Manager $225-$350 Line of Business Manager/Executive $215-$320 Regional Manager/Executive $265-$292 Managing Partner $375-$420 Chairman/President $420-$540 Howe Engineers (2022) Classification Hourly Billing Rate Principal/Partner $255 Associate Principal $240 Project Director $230 Project Manager $205 Senior Engineer $195 Associate Engineer/Consultant $175 Fire Protection Engineer/Consultant $160 Fire Protection Designer $120 Fire Protection Technician $105 Attachment "A-6": Invoice Template invoice Invoice: Date: Reference: Project No.: 11410 Attention: Due Date: For Professional Services rendered by LUMP SUM PHASES Stage Name Fee Percentage Total Fee Invoiced To Date Current Amount Complete Earned Master Plan and Programming Satge 0.00 $0.00 $0.00 $0.00 One-Architecture Master Plan and Programming Stage 0.00 $0.00 $0.00 $0.00 One-Consultants Total $0.00 $0.00 $0.00 Subtotal $0.00 Please make checks payable to Thompson,Ventulett,Stainback&Associates, Inc. For questions about this invoice please contact Lei Gao outstanding invoices Invoice Number Date Amount Total $0.00 wiring instructions Thompson,Ventulett,Stainback&Associates,Inc. Routing No.061000104 SunTrust Bank,Atlanta Account No. 1000002932134 1155 Peachtree St. NE Swift No: SNTRUS3A Atlanta,GA 30309Attention: Jessica Pressley-Willis