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Contract 43365 (2)
STATE OF TEXAS COUNTY OF TARRANT § § KNOW ALL BY THESE PRESENTS CITY SECRETARY ----we CONMACT NO. aP) THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called the "City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and Komatsu/Rangel, Inc. d/b/a Komatsu Architecture, hereinafter called the "Architect", acting herein by and through Karl A. Komatsu, AIA, its duly authorized representative, for the purpose of providing architectural design and construction administration services for a Community Facility to be located at the corner of Evans Avenue and East Humbolt Street in the Evans Rosedale Business and Cultural District in Fort Worth, Texas. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein contained, City and Architect do hereby covenant and agree as follows: SECTION I SERVICES OF THE ARCHITECT 1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services in connection with the following general scope of work: Provide design, construction documents, and construction administration services for the design of a new Community Facility which will incorporate an existing building to be renovated as part of these services. This new Community Facility will be located between Evans and New York and between Dashwood and Humbolt streets in Fort Worth, Texas ("Project"). The scope of services include the Basic Services and Additional Services of topographic survey, plat, programming and reimbursable expenses; and, is described more fully in Attachment "A" of this Agreement. SECTION II PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.1.1. Project Manager: Alfonso Meza, Registered Architect 1.2. Architect ©17 SEC ET OFFICIAL REG 1.2.1. Principal in Charge: Karl A. Komatsu, AIA 1.2.2. Project Manager: Les Edmonds, AIA 1.2.3. Project Architect: Scott Vannorsdel 2 Neither party may change key personnel without the prior written agreement of the other party. SECTION III CHARACTER OF ARCHITECT'S SERVICES 6041 RD RV F-THI3 fit 1. Architect shall consult with the City to clarify and define City's requirements relative to the Projects and review available data. 2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete the assignment in an expeditious manner. Komatsu Architecture Community Facility 06-29-12 A10:00 IN Page 1 of 11 June 2012 3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services and data fiom others required in connection with the Projects at City's cost and expense (which services and data Architect is not to provide hereunder but on which Architect may rely in performing services hereunder), and act as City's representative in connection with any such services of others. 4. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in the Komatsu Architecture letter, dated April 25, 2012, subiect New Bethlehem United Community Center, Fort Worth, Texas. which is attached hereto as Attachment 'A" and made a part of this Agreement. 6. 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. Architect shall not perform any additional services without a written agreement with City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. 7. Architect shall apply for building permits and provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. SECTION IV SPECIAL SERVICES OF ARCHITECT 1. If authorized in writing by City, Architect shall furnish or obtain from others special services necessary to complete the Projects. These special services are not included as part of the Basic Services outlined in SECTION I - SERVICES OF THE ARCHITECT and Attachment "A." These special services will be paid for by City as indicated in Section V SECTION V COMPENSATION TO ARCHITECT 1. The total compensation for all of the assignments to be performed by Architect to complete the Projects as described in SECTION III - CHARACTER OF ARCHITECT'S SERVICES and Attachment "A" hereof shall be $353 441.00, hereinafter referred to as the `total fee," including up to $7,821 25 in reimbursable expenses 2. Architect shall be paid the following percentages of the total fee at the following stages of the project: 2.1. Completion of Programming and Schematic Design and cost estimates 20% 2.2. Completion of Design Development and cost estimates 40% 2.3. Completion of Construction Documents and cost estimates 75% 2.4. Action by City Council to accept bids 80% 2.5. Final acceptance of the Project by the City 100% 2.6. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: 2.6.1 Printing Costs 2 6 2 Enhanced CAD drawings for public and City meetings. 2.6.3. Long distance phone calls 2.6.4. Postage and courier expenses 2.6,5. Other costs with prior approval of the City. Komatsu Architecture Community Facility Page 2 of 11 June 2012 SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS 1. The Construction Budget for the Project is $3,000,000.00. 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, and the Architect shall be entitled to 80% of the total fee plus allowable reimbursement 2. The Architect shall inform the City in writing of the probable construction cost at the submission of each design 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. SECTION VII METHOD OF PAYMENT 1. The Architect shall be paid not more frequently than once per month on the basis of statements prepared fiom the books and records of account of the Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Projects until completion If City fails to make any payment required herein for services and reimbursable expenses within sixty days after approval of Architect's statement thereof, Architect may, after giving seven days written notice to City, suspend services under this Agreement until Architect has been paid in full all amounts due for services actually performed and reimbursable expenses incurred. SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Programming and Schematic Design Phase: 1.1. The Architect shall visit the sites and make himself familiar with the scopes of the Projects. 1.2. Prepare alternative floor and site plans, architectural concepts and principal equipment and finish plans and area -based cost estimates 1.3. Architect shall not proceed to the Design Phase until the City has approved in writing the Program Design Manual. 2. Design Phase: 2.1. The Architect shall perform all services necessary to survey, plat, prepare and vacate easements and any other property issues necessary to complete the design and secure a construction permit. 2.2. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. 2.3. The Architect shall prepare presentation graphics using plans necessary for the design and attend two City meeting (if required) during the design of the project. 2.4. Architect shall prepare the design in stages as follows: 2.4.1. Design Development Phase: Preparation of architectural and MEP plans, principal elevations, civil and utility site plans, cartoon set, selection of principal equipment and Komatsu Architecture Community Facility Page 3 of 11 June 2012 finishes, and discipline -based cost estimates. Upon written approval of this phase of the work, Architect may proceed to the Construction Document Phase. 2 4 2 Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing plans finishes schedules, detailed technical specifications, and detailed cost estimates. 2.5. Format of Drawings 2.5.1. 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 and site plans for all disciplines will be at same scale. 2 5 2 Drawings shall plot to 22x34 sheet to facilitate half-size 1 1x17 prints. Fonts shall be legible at half-size. 2.6. Architect, at its 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. 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. 2.6.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in modifying a facility in the event it is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Guidelines. 2 6 2 The City will bear the construction costs associated with enhancements. The Architect will reimburse the City for costs to replace or rework features that were constructed in accordance with the design but fail to meet accessibility requirements or building codes. 2.7. The Architect shall include procedures for mitigating environmental impact, use of recycled building materials, sustainable construction, and a building -commissioning program in the design of the Project. 2.8. The Architect shall submit estimates of probable construction cost for each stage of design to the City. 2.9. The City shall acknowledge the probable construction costs and scope in writing at each stage of design. 2.10. Upon written approval of the final design, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding 2.11. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 3. Bidding: 3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the Prebid Conference and participate in the contractor selection process. 3 2 The Architect shall coordinate printing of documents for bidding. 3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the contract. 4. Construction Services: 4.1. The Architect shall assist the City by approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. Komatsu Architecture Community Facility Page 4 of 11 June 2012 4 2 Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all participants and key project personnel. 4.3. 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. 4.4. Architect will review contractor's pay requests. 4.5. Architect will conduct final acceptance and end of warranty inspections. 4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of ' Record Drawings' for the City's archives. 4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. 5. 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 printed designs, drawings, specifications and documents. Transfer of owner ship of the contract documents does not constitute sale of the documents. 6. Prepare schedules using the following scheduling software systems: Primavera Version 6.1 or Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version 2003/2007. The softwares can be later versions. If a different software is planned, the software has to be previously approved by the City SECTION IX CITY RESPONSIBILITIES 1. Provide criteria and information as to City's requirements and designate a person with authority to act on City's behalf on all matters concerning the Projects. 2. Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Projects and in obtaining additional reports and data as required. 3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon public and private property as may be required for Architect to perform services hereunder 4. Designate in writing qualified persons who will act as City's representatives with respect to the Projects for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Architect's services. 5. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time 6. Upon reasonable notice provide labor and safety equipment to expose structural elements to make temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the development of the design. 7. 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. 8. Provide ' Instructions to Offers ' and "General Conditions' for use in assembling the Project Manual. 9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. Komatsu Architecture Community Facility Page 5 of 11 June 2012 10. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Projects. 11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. 12. Administer the construction of the Project. 13. Provide inspection and management services. 14. Provide contractors prepared field drawings to the Architect for review. I5. 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. 16. Print documents for bidding and record. 17. Bear• all costs incident to compliance with this Section. SECTION X TERMINATION 1. The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in SECTIONS V and VI hereof. Architect shall also be compensated for all termination -related expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the applicable phase as stated in SECTION V. 3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City reproducible copies of all completed or• partially completed engineering documents prepared under this Agreement that shall become the property of the City and may be used by the City in any manner it desires. The Architect shall not be liable for the use of such materials for any project other than the project described in this Agreement. SECTION XI INDEMNITY AND INSURANCE 1. Approval by the City of contract documents shall not constitute or• be deemed to be a release of the responsibility and liability of the Architect, its officers, agents, employees and consultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of subsurface investigations, designs, working drawings and specifications and other Engineering documents. 2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other Engineering documents by the Architect, its officers, agents, employees and consultants, it being the intent of the parties that approval Komatsu Architecture Page 6 of 11 Community Facility June 2012 by the City signifies the City approval of only the general design concept of the improvements to be constructed. 3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants and employees harmless fi•om any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or employees of the Architect or consultant, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Architect's professional services or in the preparation of designs, working drawings, specifications and other documents. 4. The Architect shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring the Architect to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information provided to Architect by City, or any deviation in construction from Architect's designs, working drawings, specifications or other documents. 5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $13000,000 Per Occurrence $23000,000 Aggregate Limit Workers Compensation Coverage A: Statutory limits Coverage B: Employers Liability Insurance $100,000 Each Accident/Each Occurrence $100,000 Disease —per each employee $500,000 Bodily Injury/Disease — Policy Limit Automobile Liability $1,000,000 each accident on a combined single basis AM $250,000 Property Damage $500,000 Bodily Injury per person per occurrence Professional Liability Insurance (Errors and Omissions) $1,000,000 Per claim $2,000,000 Annual aggregate 6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30 days priorwritten notice to City. The City reserves the right to revise insurance requirements specified in this Agreement to the best interests of the City. 7. General Insurance Requirements Komatsu Architecture Page 7 of 11 Community Facility June 2012 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under applicable policies documented thereon. 7.3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 7.4. A minimum of thirty days notice of cancellation or non -renewal in coverage shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to the Architectural Services Manager, Transportation and Public Works Department, 401 West 13th Sheet, Fort Worth, TX 76102. 7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this Agreement. It is understood that insurance cost is an allowable component of the Architect's general overhead. 7.6. The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City. 7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 7.8. Deductible limits, or self -insured retentions, affecting insurance required herein may be acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's insurance policies including endorsements thereto and, at the City's discretion, the Architect may be required to provide proof of insurance premium payments. 7.10. All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 11. The Professional Liability Policy shall be written on a "claims made" and shall be in effect for the duration of this Agreement and for 12 months following Architect's issuance of the Certificate of Substantial Completion. The Architect's current insurer shall list the City as a certificate holder for a period of six years following the issuance of the Certificate of Substantial Completion by the Architect. The City shall be notified at least 30 days prior to cancellation or non -renewal in coverage. 8. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XII HAZARDOUS MATERIALS City acknowledges Architect will perform part of the work at City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that Architect had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases Architect from any damage or liability related to the presence of such materials. 2. The release required above shall not apply in the event the discharge, release, or• escape of hazardous substances, contaminants, or• asbestos is a result of Architect's negligence or if Architect brings such hazardous substance, contaminant, or asbestos onto the Projects. Komatsu Architecture Page 8 of 11 Community Facility June 2012 SECTION XIII 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 the Architect involving transactions relating to this Agreement. Architect agrees that the City shall have access during normal working hours to all necessary Architect facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The 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 subconsultant 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 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audits. 3. Architect and consultants agree to photocopy such project -related documents as may be requested by the City. The City agrees to reimburse Architect and consultants for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIV SUCCESSORS AND ASSIGNS 1. The City and the Architect each bind themselves, their successors and assigns, to the other• party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XV ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVI INDEPENDENT ARCHITECT 1. Architect shall perform all work and services hereunder as an independent Architect, 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 the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and consultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVII M/WBE GOALS 1. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal of 25% is established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may result in termination of this Agreement and debarment from participating in City contracts for a period of time not less than three years. Komatsu Architecture Page 9 of 11 Community Facility June 2012 SECTION XVIII OBSERVE AND COMPLY I. Architect shall at all times observe and comply with all Federal and State 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 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. SECTION XIX MISCELLANEOUS 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. 2. 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. 3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. xxxxxxxxxxxxxxxxxxxx The Remainder of this Page Is Intentionally Left Blank xxxxxxxxxxxxxxxxxxxx Komatsu Architecture Page 10 of 11 Community Facility June 2012 IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is deemed an original. EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS day of , A.D., 2012. Komatsu Architecture Wrl A. • President APPROVAL RECOMMENDED: By: AS TO -FARM AND LEGALITY: Assistant City Attorney APPROVED: By: By: Fernando Costa Assistant City Manager Miry J. Kayser City Secretary a M&C C-25624 (June O5, 2012) Contract Authorization Date: 0 The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305- 9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a. AFFICIAL RECORD CITX SECRETARY MaINORTH, TX Komatsu Architecture Page 11 of 11 Community Facility June 2012 KU/\AA 1 ) U r k April 25, 2012 Mr. Alfonso Meza Architectural Services City of Fort Worth 319 West 10th Street Fort Worth, Texas 761024616 RE: New Bethlehem United Community Center Fort Worth, Texas Dear Mr. Meza: Komatsu Architecture is pleased to provide a basic service fee proposal for the design of the New Bethlehem United Community Center. The estimated 1.4 acre site for this center is located on Evans Ave. in southeast Fort Worth. An approximately 4,000 square foot historic storefront building will be incorporated into the design. This proposal is based on a building area of 18,000 square feet (including the historic building) and a construction budget of $3,000,000. We propose to provide Basic Architectural and Engineering Services for a lump sum fee of $329,550.00. An additional $23,891.00 is proposed for services not generally considered a part of the Basic Service. The total fee amount is $353,441.00. These fees break down as follows: Basic Service: Schematic $ 48,815.00 Design Development $ 651807200 Construction Documents $ 1452557.00 Construction Administration $ 69,371.00 Total $ 329,550.00 Additional Services(not included in Basic Service): Site Topographic Survey $ 6,490.00 Plat $ 4,510.00 Programming $ 97670000 15 sets plans and spec printing $ 31221200 Total: $ 23,891.00 Our team will include a Structural, Civil and MEP Engineer who meet the criteria for W/MBE participation. Combined, these consultants will contribute 28.37% of the total contract amount. In addition, the survey and plat will be provided by a W/MBE firm. 3880 HUIEN STREET SUITE 300 FORT WORTH, TX 76107-7274 817 332 1914 VOICE 817 877 4754 FAX For purposes %J this proposal the Basic Service fee breakdown is based on hourly effort. Actual billings will comply with the percentages stipulated in the City of Fort Worth Owner/Architect Agreement. This proposal includes: • Review submittals at Schematic, Design Development and Construction Drawing levels. • Three half size sets of drawings and specs will be provided to the City at each of the three submittals. • One full size set of drawings and specs will be provided for Accessibility review. • Accessibility review and inspection fees are included. • One set of full size drawings and specs as well as multiple site plans will be provided to the building inspection department for permitting. • 15 sets of full size bidding documents for construction are included in this fee proposal as a reimbursable. • One full size bond hardcopy set and one CD of the as -built documents are also included. If you have any questions regarding this proposal please contact our office. If this proposal meets with the City's approval Komatsu is prepared to start work with your written notice to proceed. We appreciate this opportunity to be working with you and the City of Fort Worth as well as the United Community Centers, Inc. on this exciting Community Center. We look forward to hearing from you. Sincerely, Les Edmonds, AIA Attachments: Hourly Breakdown PROGRAMMING ►��:�:Irrx�m:�_�� Project Manager $ Project Architect $ Computer Draftsman $ Subtotal Overhead 170.61 % Profit 10% Architectural Subtotal CONSULTANTS: (Includes Consultant OH&P) Consultant Consultant Subtotal: Architect Overhead/Profit 10% Consultant Total Presentation Materials Bethlehem UCC Project Fort Worth, Texas Fee Proposal April 25, 2012 KAI Project No. 2011.208 Rate Hours 45.67 24 38.94 24 29.61 40 88 Extended Cost $ 11096,08 $ 934.56 $ 11184,40 $ 39215,04 $ 51485,18 $ 870.02 Total Cost $ 9,570.24 FEE for PROGRAMMING $ 9,670.24 SCHEMATIC ARCHITECTURAL: Rate Hours Extended Cost Total Cost Project Manager $ 45.67 40 $ 11826,80 Historic Architect $ 45.67 24 $ 1,096,08 Project Architect $ 38.94 80 $ 39115,20 Project Designer $ 45.67 40 $ 11826,80 Computer Draftsman $ 29.61 120 $ 31553,20 Clerk -Typist $ 17.00 0 $ - Subtotal 304 $ 11,418,08 Overhead 170,61% $ 19,480,39 Profit 10% $ 31089,85 Printing $ 11000,00 Architectural Subtotal $ 34,988.31 CONSULTANTS (Includes Consultant OH&P) Landscape Architect $ 270.00 MEP Engineers $ 4,500.00 Structural Engineer $ 31200,00 Civil Engineer $ 4,050.00 Cost Estimator $ 550.00 Consultant Subtotal $12,570.00 Architect Overhead/Profit 10% $1,257.00 Consultant Total $13,827.00 FEE for SCHEMATIC $ 48,815.31 Komatsu Architecture DESIGN DEVELOPMENT ARCHITECTURAL: Bethlehem UCC Project Fort Worth, Texas Fee Proposal April 25, 2012 KAI Project No, 2011,208 Rate Hours Project Manager $ 45.67 40 Historic Architect $ 45.67 24 Project Architect $ 38.94 120 Project Designer $ 45.67 16 Computer Draftsman $ 29.61 160 Quality Control $ 38.94 8 Clerk -Typist $ 17.00 20 Subtotal 388 Overhead 171% Profit 10% Printing Architectural Subtotal: Extended Cost Total Cost $ 1,826.80 $ 11096,08 $ 41672,80 $ 730.72 $ 41737,60 $ 311.52 $ 340.00 $ 13,715.52 $ 23,400,05 $ 31711,56 $ 11000,00 CONSULTANTS: (Includes Consultant OH&P) Extended Cost Civil $ 51400,00 Landscape $ 1,150.00 Structural $ 61400,00 MEP $ 61000,00 Cost Estimator $ 750.00 Specifications $ 21100,00 Consultant Subtotal: Architect Overhead/Profit Consultant Total: 10% $ 41,827.13 $ 21,800.00 $2,180.00 $ 23,980.00 FEE for DESIGN DEVELOPMENT $ 65,807.13 SURVEYS with added 10%Architect Overhead/Profit Topographic Survey $ 5,900.00 $ 6,490.00 Subsoil Inverstigation: NOT IN CONTRACT $ - $ - Plat $ 4,100.00 $ 4,510,00 Road Engineering: NOT IN CONTRACT $ SURVEY TOTAL Komatsu Architecture CONSTRUCTION DOCUMENTS ARCHITECTURAL: Bethlehem UCC Project Fort Worth, Texas Fee Proposal April 25, 2012 KAI Project No. 2011.208 Rate Hours Ext. Cost Total Cost Project Manager $ 45.67 80 $ 3,653.60 Historic Architect $ 45.67 24 $ 13096,08 Project Architect $ 38.94 160 $ 6,230.40 Project Designer $ 45.67 8 $ 365.36 Computer Draftsman $ 29.61 600 $ 179766,00 Quality Control $ 38.94 40 $ 1,557.60 Clerk -Typist $ 17.00 20 $ 340.00 Consultant Coordination $ 45.67 20 $ 913.40 Subtotal 952 $ 31,922,44 Overhead 170.61 % $ 54,462.87 Profit 10% $ 81638,53 Printing (Internal) $ 11000,00 Architectural Subtotal: $ 96,023.85 CONSUL TANTS: (Includes OH&P) Ext. Cost Total Cost Civil $ 10,800.00 Structural $ 12,800.00 MEP $ 15,000,00 Specification $ 21100,00 Cost Estimator $ 350.00 Landscape $ 11730,00 TDLR Registration and Inspection $ 21250,00 Consultant Subtotal: $ 45,030.00 Architect Overhead/Profit 10% $ 4,503.00 Consultant Total: $ 49,533.00 FEE for CONSTRUCTION DOCUMENTS $ 145,556.85 Reimbursable Printing (15 Construction Sets) $ 3,221.25 Komatsu Architecture Bethlehem UCC Project Fort Worth, Texas Fee Proposal April 25, 2012 KAI Project No. 2011.208 CONSTRUCTION ADMINISTRATION ARCHITECTURAL : Rate Shop Drawing review PM $ 45.67 PA $ 38.94 Subtotal Overhead 171% Profit 10% Subtotal Shop Drawing Review Hours Ext. Cost 32 $ 11461,44 120 $ 41672080 $ 61134,24 $ 10,465,63 $ 11659,99 $ 18,259.85 RFI's/Site Visits PM $ 45.67 40 $ 1,826.80 PA $ 38.94 140 $ 51451,60 Subtotal $ 7,278.40 Overhead 171% $ 12,417,68 Profit 10% $ 11969661 Subtotal Consultations/RFI's $ 21,665.69 As -Built /Record Drawings $ 29.61 Subtotal Overhead 171% Profit 10% Subtotal As -Built / Record Drawings Architectural Subtotal: 40 $ 1,184.40 $ 1I184.40 $ 2,020,70 $ 320.51 $ 3,525.62 $ 431451615 As -Built /Record Drawings CADD Plotting $ 1,500.00 ARCHITECTURAL Subtotal (In Office, Plotting, Document Transfer, Site Visits): $ 44,951.15 CONSULTANT: Shop Drawings, RFI's, As-Built/Record Drawings/Inspections Trips CIVIL: CA LANDSCAPE: CA STRUCTURAL: CA MEP: CA Consultant Subtotal: Architect Overhead/Profit Consultant Total: $ 6,750.00 $ 11350,00 TOTAL CONSTRUCTION ADMINISTRATION Ext. Cost 750.00 $ 6, $ 1,350.00 $ 9,600.00 $ 4,500.00 $ 22,200.00 $ 2,220.00 $ 24,420.00 $ 69,371.15 Komatsu Architecture 01"CIL ACTION Approved_on:.615/2012 DATE: Wesday, June 05, 2012 LOG NAME: 17UCCBETHARCHITECT KOMATSU REFERENCE NO.: **C-25624 SUBJECT: Authorize Execution of a Professional Services Agreement with Komatsu/Rangel, Inc., in the Amount of $353,441.00 for Design and Construction Administration Services for a Community Facility in the Evans - Rosedale Business and Cultural District (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager or his designee to execute a Professional Services Agreement with Komatsu/Rangel, Inc., in the amount of $353,441.00 for design and construction administration services for a community facility to be located at the corner of Evans Avenue and East Humbolt Street in the Evans Rosedale Business and Cultural District. DISCUSSION: On December 13, 2011, the City Council authorized a change in use and expenditure of $4,965,947.92 in Economic Development Initiative Grant funds and Section 108 Loan funds for construction of a community facility to be located at the corner of Evans Avenue and East Humbolt Street in the Evans Rosedale Business and Cultural District (M&C C-25368). The community facility will be operated and maintained by the United Community Centers, Ltd., a nonprofit agency founded in 1909 that will provide social services primarily for low and moderate income households and individuals. The next step for the project is to hire an architect. The Request for Qualifications (RFQ) from architectural design firms was advertised in the Fort Worth Star -Telegram on December 15, 2011 and December 22, 2011 and 33 firms provided submittals. Staff ranked the submittals, interviewed the top three firms in March 2012 and selected Komatsu/Rangel, Inc., d/b/a Komatsu Architecture, as the best qualified firm. The total fee breakdown is estimated to be: matic Design Development Construction Documents on Administration Topographic Survey 15 sets of plans and specification printing $ 48,815.00 '$ 65,807.00 Logname: 17UCCBETHARCHITECT KOMATSU Page 1 of 2