Loading...
HomeMy WebLinkAboutContract 31764 CI"T"Y 9ECRETAIJV CONTRACT N®o STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County,Texas,hereinafter called the "City", acting herein by and through Marc Ott, its duly authorized Assistant City Manager,and Waddill Group Inc,hereinafter called the "Architect", acting herein by and through Steve Waddill, its duly authorized Project Principal, for the purpose of providing architectural design and construction phase services for approximately 35,000 square feet of office space on the 2 n Floor of 1111 Monroe St.,Fort Worth,TX. 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: Architectural design and construction phase services for the project to renovate the 35,000 sf 2nd floor of the building at 1111 Monroe St.,Fort Worth,TX for office space for the City's Information Technology Solutions and Finance Departments. The design and construction scope includes, but is not limited to, required upgrade of all integral building infrastructure systems and replacement of the building's roof. SECTION II PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.1.1.Project Manager: Nancy Richardson 1.2. Architect 1.2.1.Principal in Charge: Steve Waddill 1.2.2.Project Architect: Gregg Wheeler 2. Neither party may change key personnel without the prior written agreement of the other party. SECTION III CHARACTER AND*EXTENT OF ARCHITECT'S SERVICES 1. Architect shall consult with the City to clarify and define City's requirements relative to the assignments and review available data. 2. Architect agrees to commit the personnel to each assignment as necessary in order to complete the assignment in an expeditious manner. 3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services and data from others required in connection with the Assignment 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 documents required for design submittals and presentations as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in the letter dated February 10,2005,which is attached to and made a part of this Agreement. 05-,;)}-05P0 9 : 33 RCVD Page 1 i 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 assignments. These services are not included as part of the Basic Services outlined in SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal letter dated February 10, 2005 and further detailed in paragraph 1 of SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES. 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 as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and the Architect's Proposal and further detailed in paragraph 1 of SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES hereof shall be $135,000 hereinafter referred to as the "total fee", plus up to $13,500 in reimbursable expenses. L L Reimbursement of allowable expenses shall not exceed$13,500 and shall be payable monthly as allowable expenses are incurred. Allowable expenses include: 1.1.1.Printing Costs 1.1.2.Enhanced CAD drawings for public and City meetings. 1.1.3.Long distance phone calls 1.1.4.Postage and courier expenses 1.1.5. Other costs with prior approval of the City. 2. Architect shall be paid the following percentages of the total fee at the following stages of the project: 2.1. Completion of programming 30% 2.2. Completion of design development 20% 2.3. Completion of construction documents 25% 2.4. Final acceptance of the project by the City 25% SECTION VI METHOD OF PAYMENT 1. The Architect shall be paid not more frequently than once per month on the basis of statements prepared from 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 Assignment until completion. If City fails to make any payment required herein for services and reiYmbursables 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 reunbursibles incurred. SECTION VII PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Programming Phase: 1.1. The Architect shall visit the site and make hinself familiar with the scope of the assignment Page 2 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 public meetings 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 floor plans, principal elevations, civil and utility site plans, cartoon set, selection of principal equipment and 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 11x17 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 City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. 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 proms in the design of the project. 2.8. 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. 2.9. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. Page 3 3. Construction Manager at Risk(Architectural tasks in the event the City opts to enter into the follow-on agreement described in Section VI above): 3.1. The Architect will participate in the selection of a Construction Manager at Risk(CHAR)for the project. 3.2. Upon selection of the CMAR, the Architect shall work with the CMAR to produce a design that meets the City's programming,material/system,and budgetary requirements. 3.3. The Architect shall coordinate printing of documents required for working with the CMAR. 4. Construction Services (Architectural tasks in the event the City opts to enter into the follow-on agreement described in Section VI above): 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. 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 review Contractor's marked up field drawings and prepare"Record Drawings" on bond and DWF/PDF files'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 ownership of the contract documents does not constitute sale of the documents SECTION VIII 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 Assignment. 2. Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment 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 Assignment 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. Page 4 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"Front End",including Division 1 requirements,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. 10. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Assignment. 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 marked up field drawings to the Architect for review. 15. 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 IX 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 Article V,Paragraph 2. 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 X 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 Consultant, its officers, agents, employees and Subconsultants,for the accuracy and competency of the services performed under this Agreement, including but not limited to Page 5 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 Consultant, its officers, agents, employees and Subconsultants, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 3. In this connection the Consultant shall indemnify and hold the City and all its officers, agents,servants and employees harmless from 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 Consultant or subconsultant, 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 Consultant's professional services or in the preparation of designs, working drawings, specifications and other documents. 4. The Consultant 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 Consultant 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 Consultant by City, or any deviation in construction from Consultant's designs, working drawings,specifications or other documents. 5. Without limiting the above indemnity, Consultant shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Cominercial General Liability $1,000,000 Per Occurrence $2,000,000 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 OR $250,000 Property Damage $500,000 Bodily Injury per person per occurrence Professional Liability Insurance (Errors and Omissions) $1,000,000 Per occurrence $2,000,000 Project aggregate 6. Consultant 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 prior written notice to City. Page 6 The City reserves the right to revise insurance requirements specified in this agreement to the best interests of the City. 7. General Insurance Requirements 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 forty-five days notice of cancellation, non-renewal or material change 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 Consultant's insurance policies. Notice shall be sent to the Facilities Manager, Transportation and Public Works Department, 1000 Throck morton, 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 Consultants 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 Consultant's insurance policies including endorsements thereto and,at the City's discretion,the Consultant 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. 7.11.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 Consultant's issuance of the Certificate of Substantial Completion. The Consultant's current insurer shall list the City as a certificate holder for a period of ten years following the issuance of the Certificate of Substantial Completion by the Consultant. The City shall be notified at least 30 days prior to cancellation or substantial change in coverage. 8. The City shall require its General Contractor to include the Consultant as an additional insured on its general liability insurance. ARTICLE XI HAZARDOUS MATERIALS 1. City acknowledges Consultant will perform part of the work at City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that Consultant 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 Consultant from any damage or liability related to the presence of such materials. Page 7 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 Consultant's negligence or if Consultant brings such hazardous substance,contaminant or asbestos onto the project. SECTION XII 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 Subconsultants agree to photocopy such project-related documents as may be requested by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIII 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 XIV 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 XV 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 Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVI 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 30% established for architectural design services for this project and its commitment to meet that goal. SECTION XVII OBSERVE AND COMPLY 1. Architect shall at all tunes 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 Page 8 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 XVIII MISCELLANEOUS 1. 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. 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. EXECUTE THE C TY OF FORT WORTH,TEXAS,THIS day of ,A.D., By: APPROVED: r' ipal s Name hitect's name), Mpg f11)1W_ _F Offic (Pre Me nt or Vice-President) By: �/nen Assistant City Ma r Marc A. Ott Assistant City Manager APPROVAL RECOMMENDED: RECORDED: By: kA-� Transportation and Public Works City Secreta_ APPROVE AS TO FARM AND LEGALITY: By: Date: 6 Assistant City Attorney 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. C-'-X � �, OFMC Al ��M®Q� O ract Autrhoxizati9la X31 J� VEX W a%A 9 Page 9 1 I I )�WADDILLGROUP ARCHITECTURE DESIGN '- CONSULTING February 10, 2005 Mr. Greg Simmons, P.E. Facilities Manager City of Fort Worth Transportation and Public Works 908 Monroe Street Fort Worth, TX 76102 RE: Design of approximately 35,000 SF And Base Building Modifications to 1111 Monroe St., Fort Worth, TX Dear Greg, We are pleased to present the following proposal and attachment for Professional Services for the above referenced project. I think you will find the proposal to be comprehensive and in accordance with our previous conversations. As you will see, I have divided the service offerings into two major categories, Base Services and Optional Services. Base Services include our Sub-Consultants and should be considered our minimum offering. Optional Services include services that you may choose not to accept. We recommend that you accept the complete package of services so that our team will have the opportunity to provide you with the broadest degree of expertise, which will result in the best outcome for the City of Fort Worth. We are excited about this opportunity and would encourage you to respond with any questions that you might have. Sincerely, W ddillGroup J. S e Waddill, AIA, IIDA Pr 'dent 5433 LA SIERRA - DALLAS,TEXAS 75231 (214) 890-9919 FAX(214)890-9921 WWW.WADDILLCOM Waddill Group Proposal City of Fort Worth—1111 Monroe St. 02/10/05 2 n � s a Phase 1: Programming • Review of proposed base building modifications needed for a new office tenant. • Review of asbuilt conditions and code implications • Review of city program requirements • Inspection and review of client's current facilities. • Brainstorming session with client team to properly integrate user goals and needs. • Interview team and key departmental staff in order to obtain specific departmental requirements. • Identify areas requiring special design or engineering considerations, such as public areas, data closets, security system, filing, storage and communications. • Prepare preliminary project schedule and review of client's estimated construction budget. • Assess existing furniture.and equipment for planning purposes. • Attend two (2) planning meetings with client team. Phase 2: Design Development • Prepare a computer generated schematic space plan, converting the approved layout provided by the 'City'. • Prepare schematic plans, elevations and details of proposed base building modifications. • Assist with the selection of new finishes and materials. • Assist with the layout and design of any built-in cabinetry or custom millwork. • Assist with the selection and placement of light fixtures, the placement of power, data &voice equipment and the sizing and location of HVAC systems. • Assemble Design Package for client approval. • Attend four (4) planning meetings with client team. Waddill Group Proposal City of Fort Worth—1111 Monroe St. 02/10/05 4 Phase 4: Pricing Package • Upon receipt of approved Design Package, Waddill Group's consulting team will assemble a Pricing Package in order to obtain a preliminary construction cost budget from a General Contractor. • Pricing Package to consist of elements from the Design Package plus the following: - Annotated space plan keyed to general notes - General guideline notes for Mechanical, Electrical and Plumbing (MEP) - General construction notes pertaining to allowances, specific products or installation procedures - Coordination with a pre-selected General Contractor in order to establish a preliminary Construction Budget - Attendance at two (2) planning meetings with client team Phase 5: Bidding and Negotiation • Assist with pre-qualification and approval of qualified General Contractors. • Prepare and distribute an Invitation to Bid, Instructions to Bidders and Bid Form. • Conduct on-site pre-bid meeting with approved Contractors. • Prepare and issue of Addenda as required. • Receipt tabulation and analysis of submitted bids. • Assist with negotiation of final contract with General Contractor on the Client's behalf. Phase 6: Construction Administration • Conduct on-site weekly progress meeting. • Prepare and distribute meeting minutes. • Review and coordinate with General Contractor's project schedule. • Conduct periodic site visits (with Consultants, as needed)to observe specific events as conditions warrant. • Generate written field reports as conditions warrant. i Waddill Group Proposal City of Fort Worth—1111 Monroe St. 02/10/05 6 OR® � City of Fort (North Client Team Waddill Group J. Steve Waddill, AIA, IIDA Principal in Charge Project Assistant Gregg Wheeler Amy Boyd Stephen Torres Project Architect Project Designer Architectural Technician MEP F F & E Ve --... --.---- ndors TDLR Review James Johnston ECD Design/Access. Jim Barrilllesux Todd Lozano -.1.1.11,11, F Structural Raymond L. Goodson David M. Goodson n ` Waddill Group Proposal City of Fort Worth—1111 Monroe St. 02/10/05 8 Waddill Group has worked with a variety of consultants over the years. We would recommend the following firms for consideration, although Waddill Group will work with Client's project team to coordinate the best possible consultant team. Mechanical, Electrical and Plumbing Engineering James Johnston and Associates, Inc. Jim Barrilleaux,•P.E. 8150 N. Central Expressway Suite M 2100 Dallas, TX 75206 Structural Engineering Raymond L. Goodson Jr., Inc. David M. Goodson 5445 La Sierra Suite 300 LB 17 Dallas, TX ,75231-4138 TDLR Review ECD Design/Accessibility Ltd. Todd Lozano 128 Torrey Pine Terrace Santa Cruz, CA 95060 Waddill Group Proposal City of Fort Worth—1111 Monroe St. 02/10/05 10 Services shall be billed monthly based upon actual hours expended per phase. Fees are based on approximately 35,000 SF.Total fees should not exceed the following: Basic Services Total 1. Programming $12,500.00 2. Design Development $12,500.00 3. Construction Documents $22,500.00 TOTAL $47,500.00 Sub Consultants MEP Engineering - Base Building System $ 17,500.00 -Tenant Improvements $ 19,250.00 Structural Engineering $ 4,500.00 TDLR Plan Review and Budget Inspection $ 2,500.00 TOTAL $ 43,750.00 Optional Services Total 4. Pricing Package $ 12,500.00 5. Bidding and Negotiation $ 1 5,000.00 6. Construction Administration (Assuming 12 week schedule) $ 12,500.00 7. F F & E $ 8,750.00 TOTAL $ 38,750.00 Retainer In order to properly allocate resources and begin Phase 1 of this project, a retainer in the amount of$ 10,000.00 will be required. Reimbursable Expenses: Standard reimbursable expenses shall be billed to the owner at Waddill Group's direct cost times one and one tenth (1.10). ` Waddil/Group Proposal City mFort Worth-1111 Monroe St. us0/05 12 - Compensation will b8 billed regularly each month. Invoices are due upon receipt. Payment terms are net 10 days. |nvOiQ38 30 days past due shall accrue interest at the [gt8 of prime [ate + 2.5% /VV8||G Fargo G]GOk/Do||8s prime.) Accounts may be classified delinquent when an invoice becomes 45 days past due. All work oD delinquent accounts may b8 suspended until payment iareceived. Any furnishings purchased thnlVghVVaddiU G[OUp' Inc. will be billed 8t our cost, p|U8 10%. /\ deposit and financing statement will be required on all orders. Freight' handling, storage, installation and sales taxes on all purchases will be passed on at cost. Coordination of outside consultants will ba billed Gta rate Of cost plus 1O%. Changes b] approved drawings Or documents will incur additional costs. ' Standard reimbursable expenses Ghe|| be billed to the owner at the Architect's/Interior Designer's direct cost times one and one tenth /1.10\. Such naiFDbU[Gob|e eXp8Dg8G 8hGU be telephone c8||G' f8XeG' postage, delivery/courier charges and supplies; reproduction and plotting costs; electronic file transfer costs; photographic production techniques; ADA submission and inspection fees; expense of renderings, Olodde and mock-ups requested by the Client and automobile travel and parking. Mileage charges -for automobiles shall be at the p[8V@i|iOg rate established by the IRS. 8 minimum monthly cost shall be $20.00. ' This letter can serve GG our Professional AoRae0ent, or we can provide the industry standard A.I.A. contract B171. Your eiQnatUr (G\ will - [� signify GCCeaDCe of conditions herein. HO �v�[. this contract can and signature(s) be considered executed upon receipt retainer '' We appreciate this opportunity to work with you and look forward to the successful completion of this project. Sincerely, uu DDILL GROUP CITY OF FORT WORTH Signature Title Title Date Date The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the . professional practices of persons registered as architects in Texas. TEXAS BOARD OF ARCHITECTURAL EXAMINERS, 333 GUADALUPE, SUITE 2-350 r`va//m. TEXAS 78701-3942 512-305-0000 City ®f Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3129/2005 - Ordinance No. 16356-03-2005 DATE: Tuesday, March 29, 2005 LOG NAME: 20ZIPPER REFERENCE NO.: **C-20624 SUBJECT: Authorize Execution of an Inter-Fund Loan from the Capital Projects Reserve Fund to the Certificate of Obligation Special Project Fund for Expenses Related to the Purchase of and Design of Renovations to the Zipper Building to Accommodate the City's Information Technology Solutions and Finance Departments; Adoption of an Appropriation Ordinance; and Execution of a Design Agreement with the Waddill Group Architectural Firm RECOMMENDATION: It is recommended that the City Council: 1. Authorize a non-interest bearing, inter-fund loan from the Capital Projects Reserve Fund (CPRF) to the Certificate of Obligation Special Project Fund in the amount of $202,000 for interim financing of expenses related to the purchase of and design of renovations to, the Zipper Building, pending the sale of Certificates of Obligation; 2. Adopt the attached appropriation ordinance increasing estimated reciepts and appropriations in the Certificate of Obligation Special Project Fund by $202,000, from available funds; and 3. Authorize the City Manager to execute a design agreement in an amount not to exceed $148,500 with the Waddill Group architectural firm for the design of renovations to the Zipper Building. DISCUSSION: On March 8, 2005 City Council passed an ordinance authorizing the publication of a Notice of Intent for the sale of Certificate's of Obligation (CO) to fund the purchase and renovation of the building at 1111 Monroe Street, commonly referred to as the Zipper Building. The building, once renovated, will accommodate the majority of the employees of the City's Finance and Information Technology Solutions Departments who currently office in City Hall. These relocations are required in order to provide space in City Hall for the establishment of a Building Permit Center, as well as to correct other City Hall space deficiencies. The Council will shortly receive a Mayor and Council Communication (M&C) recommending Council approval of the sale of COs to fund the purchase and renovation of the Zipper Building. However, even if formally approved by Council via M&C, the funds from the sale of the COs will not be available for use until mid-May 2005. Due to the urgency of City Hall space deficiencies, City staff recommends a $202,000 loan from the CPRF to cover a $52,000 deposit of earnest money for the building purchase and allow the initiation of architectural design work for the renovations to the Zipper Building. This loan will allow the building purchase and architectural design processes to move forward concurrently with the financing process. Once received, the CO proceeds will be used to repay the CPRF for the loan. The Waddill Group architectural firm did some preliminary space studies for the current owner of the Zipper Building several months ago when the City was considering leasing the 2nd floor. Due to its familiarity with Logname: 20ZIPPER Page 1 of 2 he building layout and the City's basic needs, the Waddill Group is in a position to significantly expedite the `design process. City staff confirmed the Waddill Group's excellent qualifications for the project through a review of its project experience and reference checks. The base fee for architectural services is $135,000. In addition the contract includes a provision for reimbursement of miscellaneous design related --expenses in an amount not to exceed $13,500. The $150,000 being appropriated at this time for design related expenses also includes $1,500 for City staff charges related to the design work. The Waddill Group is in compliance with the City's MWBE program by committing to meet the 30% goal established for this project. The Zipper Building is in Council District 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the CO Special Project Fund. The cash balance of the CPRF after this transfer will be $1,869,258. The fiscal year end cash balance at this time is projected to be $1,787,442. TO Fund/Account/Centers FROM Fund/Account/Centers 1) C290 220010 201070020130 $202.000.00 1) GC 10 136290 000010001000 $202.000.00 2)C290 485205 201070020130 $150.000.00 3)C290 531200 201070020130 $148.500.00 2) C290 531200 201070020130 $150.000.00 2)C290 485205 201070020143 $52.000.00 2) C290 541250 201070020143 152,000.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: Robert Goode (7801) Additional Information Contact: Greg Simmons (7862) Logname: 20ZIPPER page 2 of 2