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HomeMy WebLinkAboutContract 33562 CITY SECRETARY CONTRACT Np, 23f5Lr)__, STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIS AGREEMENT ("Agreement") is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, hereinafter called the "City",acting herein by and through Marc Ott, its duly authorized Assistant City Manager,and.Dennehy Architects, Inc., hereinafter called the "Architect", acting herein by and through Paul Dennehy, its duly authorized representative, for the purpose of providing architectural design, and construction phase services for a new Shamblee Branch Library complex("Project"). 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: Modifications to the existing design document of the 12,590 square foot Shamblee Branch Library (to include the Tommy Tucker building) to simplify the structure and reduce the construction cost. The goal is to reduce the construction cost by approximately $280,000 from the cost estimate provided by Thos. S.Byrne(TSB) in September 2005. Provide full construction phase services. The City has selected TSB as the construction Consultant for the design phase. The Architect will meet with the City and Consultant representatives during the design modification process until a mutually agreed upon Guaranteed Maximum Price (GMP) is reached between the City and Consultant. SECTION II PERSONNEL 1. The following personnel will be assigned to this Project: I.I. Cityof FortWorth I.I.I.Project Manager: Nancy Richardson,AIA 1.2. Architect 1.2.1.Principal in Charge:Paul Dennehy,AIA 2. Neither party may change key personnel without the prior written agreement of the other party. SECTION III CHARACTER OF ARCHITECT'S SERVICES 1. Architect shall consult with the City to clarify and define City's requirements relative to the asaagnments and review available data. „ � �li�l 2. Architect agrees to commit the personnel to each assignment as necessary in order to co plea assignment in an expeditious manner. L � c,-1DILI, 05-25-06 PO4 : 09 1 Page 1 ORIGINAL 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 contract documents required for design submittals and presentations as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in Attachment A Scope of Work(Dennehy Architects, Inc.. letter dated March 24,2006),attached hereto and incorporated herein.. 6. 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 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. 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 of ARCHITECT'S SERVICES (Section III hereof) shall be $107,189 hereinafter referred to as the "total fee", plus up to $6,000 in reimbursable expenses. This is a flat fee for the scope of services described by this Agreement regardless of the amount of time taken to complete the scope of services. Paragraph 3 below addresses the requests for additional fees based on increases in project scope. 2. Architect shall be paid on a monthly basis up to the following percentages of the total fee at the following stages of the project: 2.1 Action by City Council to accept bids 75% 2.2 Final acceptance of the Project by the City 100% Reimbursement of allowable expenses shall not exceed $6,000 and shall be payable monthly as allowable expenses are incurred. Allowable expenses include: 2.4.1 Printing Costs 2.4.2 Enhanced CAD drawings for public and City meetings. 2.4.3 Long distance phone calls 2.4.4 Postage and courier expenses 2.4.5 Other costs with prior approval of the City 2.4.6 Mileage 3. 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. Page 2 FUgS ':" UGitl��� Tel. SECTION VI METHOD OF PAYMENT 1. The Architect shall be paid at a minimum but not more frequently than once per month on the basis of services performed and 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 the Principal in Charge. 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 Project 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 VII PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Design Phase: a. 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 b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed cost estimates. 2. Format of Drawings a. 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. b. Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints. Fonts shall be legible at half-size. 3. Architect, at its sole cost and expense, shall 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. a. 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. 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. �2P LAI ff Page 3 4. The Architect shall review and comment on the CMAR's estimates for probable construction cost at the various design stages. 5. 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 CMAR for use in bidding. The design documents will include additive or deductive alternates as appropriate to help ensure that the bidding process results in a construction cost within the City's budget. 6. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 7. Bidding: a. The Architect shall respond to the CMAR's inquiries,and prepare necessary addenda b. The Architect shall coordinate printing of documents with the City c. Following receipt of the CMAR's proposed GMP pricing and bid tabs, the Architect shall evaluate the GMP proposals, bid tabs, and subcontractors list, and make recommendations concerning the pricing and subcontractors. 8. Construction Services: a. The Architect shall assist the City by approving submittals,observing construction procedures and results,reviewing methods and costs associated with proposed change orders,and helping to resolve construction questions. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Contractor's work, since these are solely the Contractor's responsibility under the construction contract. Notwithstanding the Architect's review and evaluation of the Contractor's work,the Architect shall have no responsibilities for any deficiencies in the Contractor's work or for any failure of Contractor to carry out the work in accordance with the Contractor's contract with City. b. Architect shall attend periodic job site meetings,prepare meeting notes and distribute them to all participants and key project personnel. c. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. d. Architect will review contractor's pay requests. e. Architect will conduct final acceptance and end of warranty inspections. f. The Contractor shall provide red-lined drawings to the Architect for the Architect's preparation of"Record Drawings"for the City's archives. g. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. 9. 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 Project. lt7"I Page 4 FT, : ✓ ?� , YL�, 2. Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. 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 Project 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"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 Project. 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. 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 Page 5 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 architectural or engineering documents, in AutoCAD LT or other such operating system as determined by the City,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 either partially completed engineering documents, or completed engineering documents on 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 Architect, its officers, agents, employees and Subconsultants, 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 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 Architect 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 Architect or Subconsultant, and all other persons performing any part of the work and improvements, to the extent such loss, damage, or liability or expenses 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 $1,000,000 Per Claim $25000,000 Aggregate Limit Workers Compensation Coverage A: Statutory limits Coverage B: Employers Liability Insurance $100,000 Each Accident/Each Occurrence Page 60 FYI +VH�� tlYC' BfiGO� $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 Claim $2,000,000 Project 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 prior written notice to City. The City reserves the right to revise insurance requirements specified in this Agreement to the best interests of the City, and City shall reimburse Architect to the extent any revision to the insurance requirements specified in this Agreement result in increased cost to Architect. 7. General Insurance Requirements 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon, with respect to the Architect's negligence. 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 Architect's insurance policies. Notice shall be sent to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, 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, and City shall reimburse Architect to the extent any revision to the insurance requirements specified in this Agreement result in increased costs to Architect. 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. I� => > ^ l�v i"II ,��CQ 1U Page 7 1, �11t U TEN. 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 a claims made 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 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 ten 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 substantial change in coverage. 8. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XI HAZARDOUS MATERIALS 1. 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, the City hereby releases the 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 containing materials is a result of Architect's negligence or if Architect brings such hazardous substance, contaminant, or asbestos containing materials onto the project site. 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 Page 8 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 25% established for this contract 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. SECTION XVII OBSERVE AND COMPLY 1. 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 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. Page 9 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. 4. Any loss or damage, or delays in or failure of performance of Architect shall not constitute default hereunder or give rise to any claims for damages if such loss, damage, delay or failure is caused by "Force Majeure". As herein used, the term "Force Majeure" means any cause which is beyond the reasonable control of the Architect and which by the exercise of reasonable diligence the Architect is unable to prevent. 5. The City and the Architect have discussed the roles and risks associated with the project, and have agreed to apportion the risks such that the total aggregate liability of Architect arising out of the performance or breach of this Agreement shall not exceed two times the total fee. Notwithstanding any other provision of this Agreement, Architect shall have no liability to the City for contingent, consequential, or other indirect damages including, without limitation, damages for loss of use, revenue, or profit; operating costs and facility downtime; or other similar business interruption lossed, however the same may be caused. The limitations and exclusions of liability set forth in this Article shall apply regardless of the fault, breach of contract, tort (including the concurrent or sole and exclusive negligence),strict liability or otherwise of Architect, its employees or subconsultants. 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 th day of A.D.,2006. APPROVED: c 5��By: By: Paul M. Dennehy,AIA Marc Ott Partner Assistant City Manager APPROVAL RECOMMENDED: RECORDED: 61f C/ By: ./ By: Robert ode,Director Marty Hendrix Transportation and Public Works Department City Secretary Contract uthorization APPROVED AS TO FORM AND LEGALITY: ABy: Date: � 3 0 y Ra y (JAKC-; �!b HMO N `J rH Page l0 CI 4 � �� FT. WORTH, TEX. Assistant City Attorney CITY M,21210;lft" Page 11 DENNEHY ARCHITECTS 24 March 2006 Mr. Greg Simmons Facilities Manager City of Fort Worth Department of Transportation and Public Works 1000 Throckmorton Street Room 263 Fort Worth, Texas 76102 Re: Professional Services Proposal Ella M. Shamblee Branch Library Dear Greg: Dennehy Architects, Inc. (DAI) and our Project Team appreciate the opportunity to submit this Proposal for Professional Services for the re-design of the Ella M. Shamblee Branch Library. The purpose of the re-design is to provide a more cost effective building with a similar footprint to the existing design without sacrificing the aesthetics and intended programmatic layout. Scope of Work Design modifications anticipated included the following: • Roof framing modifications • Building perimeter realignments • Building Envelope simplification • Column Grid re-alignment • Foundation modifications • Interior detailing and finish simplification • Architectural Construction Document clarifications and simplification • Civil modifications relative to plan revisions • MEP design simplifications and modifications • Landscape modifications relative to plan revisions • Estimate of Probable Cost for coordination with CM@R Proposal Deliverables The Project Team will provide the following deliverables: • Provided Construction Documents and Specifications including Civil, Structural, Landscape, Architectural and MEP Documents • Attend and conduct weekly coordination meetings with the Project Team to address the Scope of the Work listed above. • Attend and conduct coordination meetings with Thos S. Byrne related to the buildings systems costs and detailing to explore potential cost savings options Fee We propose to carry out the re-design and Construction Documentation for the following Lump Sum Fees: Architectural—Dennehy Architects, Inc.: $ 32,000.00 Landscape—Oliver Windham, ASLA: $ 1,500.00 (maximum estimate) Civil - APM: $ 7,012.00 Structural-APM: $ 26,998.00 KEY- Baird, Hampton & Brown, Inc.. $ 10,000.00 Cost Consultant- Riddle & Goodnight: $ 3,000.00 Construction Administration fees will be as established by the current Contract. Assumptions • This work will be carried out based on the assumption that the SLS CADD documents can be used as base drawings for this work. • In order to maintain continuity, we propose that the existing local Project Team be maintained Reimbursable Expenses Reimbursable expenses will be in addition of the fees listed above and will be passed on to you with no mark-up. These expenses include such items as mileage, printing, postage and delivery services, TAS/ADA submissions and variances fees, and any Third Party Review fees as applicable. Dennehy Architects, Inc. and the Project Team carry the required Professional Liability Insurance for the Project. We propose to carry out the re-design immediately upon finalizing this agreement. We are excited about the possibility of carrying out this challenging project and look forward to continuing to work with you. Please feel free to contact us with any questions you may have. Sincerely, Paul M. Dennehy, AIA Partner Fy. OPTH, TES. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/9/2006 DATE: Tuesday, May 09, 2006 LOG NAME: 20DENNEHY REFERENCE NO.: C-21447 SUBJECT: Authorize Execution of a Consultant Agreement with Dennehy Architects, Inc., for Design and Construction Phase Services for the Shamblee Branch Library Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a $113,189 consultant agreement with Dennehy Architects, Inc., for design and construction phase services for the Shamblee Branch Library project. DISCUSSION: On September 21, 2004, (M&C C-20294) City Council authorized a consultant agreement with Stanley Love-Stanley, P.C. (SLS) for design and construction phase services associated with a new Public Health building and new Shamblee Branch Library (to include the adaptive re-use of the historic Tommy Tucker building) to be constructed on the 15 acre Evans and Rosedale Business and Cultural District. Dennehy Architects, Inc., has been the local sub-consultant architect to SLS throughout the design process. It is staffs recommendation to move forward with the library project while deferring the Public Health project until a master developer for the 15 acre site is engaged. The design for the library is near completion but needs to be finalized as well as modified to reduce the construction cost. The agreement with SLS has been terminated. Dennehy Architects, Inc., is very familiar with the design and the City staff contacts for the project. They also have completed their responsibilities on the project to date in an effective and responsive manner and are considered highly qualified to lead the remaining design effort and perform the construction phase services. City staff believes that the reduction in construction costs that will result from the design work recommended by this M&C will fully offset the incurred design fees so no additional funding is needed. Dennehy Architects, Inc., is in compliance with the City's M/WBE ordinance by committing to 32% participation on this agreement. The City's goal for this agreement is 30%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/23/2006 Page 2 of 2 GR76 531200 020206002400 $113,189.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: Robert Goode (7801) Additional Information Contact: Greg Simmons (7862) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/23/2006