HomeMy WebLinkAboutContract 34059 r'iTY ��:t-7ETARY
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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, Denton, and Wise
Counties, Texas, ("City"), acting herein by and through Marc A. Ott, its duly
authorized Assistant City Manager, and E3 Contract Consultants, Inc./Thos S.
Byrne, Ltd. (E3/Byrne), a Joint Venture ("Consultant") for the purpose of
providing preconstruction services for the Guinn Elementary School renovation
and restoration project. City and Consultant may be referred to herein
individually as a "Party" and collectively as the "Parties".
WITNESSETH :
Whereas, City has awarded Consultant a separate Construction Manager
at Risk "CMAR" contract for the construction of the Guinn Elementary School
renovation and restoration, TPW2006-12 ("Project"); and
Whereas, the City requires the provision of preconstruction design phase
services for the Project; and
Whereas, Consultant agrees to provide preconstruction services as
described herein, for the Project.
Now, therefore, in consideration of the mutual covenants and agreements
herein contained, City and Consultant do hereby covenant and agree as follows:
SECTION I. SCOPE OF WORK
1. City hereby contracts with Consultant as an independent contractor, and the
Consultant hereby agrees to perform, within the professional standards
normally accepted in the State of Texas, preconstruction design phase
services in connection with the following general scope of work:
Analyze the Project design, including but not limited to, the plans
and specifications created by Komatsu Architecture, Inc., (the
"Architect") to ensure the feasibility and constructability of the
Project, assist in bringing the construction cost of the Project within
the construction budget through value engineering, the selection of
building systems and materials, cost estimating, scheduling and
other means, without adversely affecting the capacity and quality of
the Project. Based on this process, validate the GMP for the
Project, including but not limited to the costs associated with the
General Conditions, CMAR fee, insurance and bonds. Up to 3 full
scale pricing exercises may be required prior to the finalization of
the design.
2. Consultant shall visit and familiarize itself with the site(s) to accomV performance of this Agreement. Page I
C LAR Precon,truction Services
Guinn Elementary School_ ALI('Ust 2006
09-29-06Pi:-, � I GII�A
3. Upon the direction of the Project Manager, Consultant shall provide up to two
formal presentations of the project analyses at various stages of this
Agreement.
4. The City has employed the Architect to perform any portion of the Scope of
Work that requires performance by a licensed architect or engineer.
Consultant will work in cooperation with Architect to complete the Scope of
Work.
5. Consultant shall advise City if City should provide or obtain other services
and/or data in connection with this Agreement but not provided for herein.
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, R. A.
1.2.Consultant
1 .2.1. Project Manager: Bill Scott
2. Neither party may change key personnel without written notice to the other
party.
SECTION III. COMPENSATION AND PAYMENT
1. The total compensation for Consultant's performance under this Agreement,
as described in Section I hereof, shall not exceed $10,000.00, including the
cost of any reimbursable expenses. Consultant agrees to complete the
entire Scope of Work at the stated not-to-exceed amount, regardless of the
hours required to complete performance.
2. Consultant 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
Consultant, such statements to be verified as to accuracy and compliance
with the terms of this Agreement by an officer of the Consultant. Payment
according to statements will be subject to certification by the Director of the
Transportation and Public Works Department or his duly authorized
representative that such work has been performed. City shall notify
Consultant of any disputed amount and make payment for the undisputed
amount due.
3. If City fails to make any undisputed payment due Consultant for services and
out-of-pocket expenses within sixty days after approval of Consultant's statement
thereof, Consultant may, after giving seven days' written notice to City, suspend
services under this Agreement until Consultant has been paid in full all
undisputed amounts due for services performed and out-of-pocket expenses
incurred. C
! ll�1 x^0'1
ChIAR PreconstrLIC60I1 SCI'yices CITY HC /t� lly
Guinn Hementary School, August 2006 ^�
SECTION IV. CITY RESPONSIBILITIES
1 . Clarify and define City's requirements relative to this Agreement and review
submitted data.
2. City shall notify the Consultant when it is appropriate to proceed with the
Scope of Work.
3. Assist Consultant in obtaining existing studies, reports and other available
data and services of others pertinent to this Agreement and in obtaining
additional reports and data as required.
4. Upon reasonable notice, arrange for access to and make all provisions for
Consultant to enter upon public and private property as may be required for
Consultant to perform services hereunder.
5. Designate in writing qualified persons who will act as City's representatives
with respect to this Agreement for the purposes of transmitting instructions,
receiving information, interpreting and defining City's policies and decisions
with respect to Consultant's services.
6. Review all reports, recommendations and other documents and provide
written decisions pertaining thereto within a reasonable time.
7. 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 Consultant in connection with its
performance of the Scope of Work.
8. Provide such legal, accounting, insurance and other counseling services to
City as may be required for this Agreement
9. Bear all costs incident to compliance with this Section.
SECTION V. TERMINATION
1 . City may terminate this Agreement at any time for convenience or for any
cause by providing a (30) thirty-day notice in writing to the Consultant. Upon
receipt of such notice, the Consultant 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 City terminates this Agreement under the foregoing paragraph, the City
shall pay the Consultant 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. Consultant shall also be
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FT.
compensated for all termination-related expenses such as meeting
attendance, document reproduction, transfer of records, etc.
3. Upon early termination or conclusion of this Agreement, the Consultant shall
provide the City reproducible copies of all completed or partially completed
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
Consultant shall not be liable for the use of such materials for any project
other than the project described in this Agreement.
SECTION VI. INDEMNITY AND INSURANCE
1. Consultant shall indemnify, defend, 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 any 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.
2. 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 based upon information furnished Consultant by City.
3. 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:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate
Employers Liability Insurance
Bodily Injury $500,000 Each Accident
$500,000 Policy Limit
$500,000 Bodily Injury by Disease, each
employee
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability 22
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IN Y 1 II'T n;1
Guinn Elementary g
y School. August ?OU(, V � , ?y�i>�j
:�• u ifll U'�G;
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Business Automobile
Combination Single limits $1,000,000 each accident
A business auto policy shall provide coverage on "any auto", defined
as autos owned, hired and non-owned
Professional Liability Insurance Not required.
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. The City
reserves the right to revise insurance requirements specified in this
agreement to the best interests of the City.
4. General Insurance Requirements
4.1. Commercial General Liability coverage shall be endorsed to name the
City an Additional Insured thereon, as its interests may appear. The
term City shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
4.2. Certificate(s) of insurance shall document that specified insurance
coverage are provided under applicable policies documented thereon.
4.3. Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
4.4. A minimum of thirty 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 Throckmorton, Fort Worth, TX 76102.
4.5. 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.
4.6. The City reserves the right to revise insurance requirements specified in
this agreement according to the best interests of the City.
4.7. 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.
4.8. 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
Pa-e 5
(ALAR PreCUn5trUCtlen Seri ices
Guinn Elementar, School, Au1ust 2006
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
4.9. 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.
4.10. 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 Consultant's indirect overhead
4.11. All insurance, except for the Professional Liability insurance policy, shall
be written on an occurrence basis.
4.12. Subconsultants to the Consultant shall be required by the Consultant to
maintain the same or reasonably equivalent insurance coverage, except
for Professional Liability Insurance, as required for the Consultant.
Consultant shall provide City with documentation thereof on certificates
of insurance. The Consultant shall assure that Subconsultants provide
acceptable and appropriate levels of Professional Liability coverage or
that the Consultant's coverage provides coverage for the work of the
Subconsultant. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is canceled or
terminated, such cancellation or termination shall not constitute a breach
by Consultant of the Agreement.
SECTION VII. RIGHT TO AUDIT
1 . Consultant agrees that the City shall, until the expiration of three (3) years
after final payment under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the
Consultant involving transactions relating to this Agreement. Consultant
agrees that the City shall have access during normal working hours to all
necessary Consultant 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 Consultant reasonable advance
notice of intended audits.
2. Consultant further agrees to include in all its subcontracts hereunder a
provision to the effect that the 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
Pare 6 ^
(ALAR Preconstllldion Ser%ices 0F�1 �'� �f� 1
Guinn Elementary School. Au2ust 2006 � � /`11
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provisions of this article. The City shall give subconsultant reasonable
advance notice of intended audits.
3. Consultant and subconsultants agree to photocopy such project-related
documents as may be requested by the City. The City agrees to reimburse
Consultant and Subconsultant for the costs of copies at the rate published in
the Texas Administrative Code.
SECTION VIII. SUCCESSORS AND ASSIGNS
1. The City and the Consultant 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 IX. 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 X. INDEPENDENT CONSULTANT
1. Consultant shall perform all work and services hereunder as an independent
Consultant, and not as an officer, agent, servant or employee of the City.
Consultant shall have exclusive control of, and the exclusive right to control
the details of 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
Consultant, its officers, agents, employees and subconsultants, and doctrine
of respondent superior has no application as between the City and the
Consultant.
SECTION XI. OBSERVE AND COMPLY
1. If permitting authorities require design changes so as to comply with published
design criteria and/or current practice standards, which the Consultant should
have been aware of at the time this Agreement was executed, the Consultant
shall revise plans and specifications, as required, at its own cost and expense.
However, if design changes are required due to the changes in the permitting
authorities' published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the Consultant could not have
been reasonably aware of, the Consultant shall notify the City of such changes
Pa-e 7 � , ���1` 1 � ?D
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CNIAR Precon,trucliun SeIAICeS JOU
Guinn Elementary School. August 2006
and an adjustment in compensation will be made through an amendment to this
Agreement.
SECTION XII. VENUE AND GOVERNING LAWS
1. If any action, whether real or asserted, at law or 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.
2. This contract shall be construed in accordance with the laws of the state of
Texas.
JAL R
CIv1AR Preconsiruction ser,;ces
Guh (SfL�U,:��
Guinn Elementary SCl7��ol, August ?UU6 1
Yi 'ifi NVyvfmy y YUP
IN TESTIMONY THEREOF, the Parties have caused this instrument to be signed
in six copies, each of which is deemed an original.
Executed in the City of Fort Worth, Texas, this 22nd day of August, 2006.
CONSULTANT CITY OF FORT WORTH
E3/BYRNE, A JOINT VENTURE
By: By:
M to Elli t A. Ott
Assistant City Manager
By:
John vila, Jr.
APPROVAL RECOMMENDED: ATTEST:
V/ (
By: By:
&r4 Robert Goode, P. E., Director Mart4Hen
Transportation & Public Works Dept. City Secretary
Cal
�I
Cont act Authorization
APPROVED AS TO FORM AND LEGALITY: n r� ffi
Date
By: Date:
Amy J. a sey /111
Assistant ity Attorney
CNIAR Preconstruction Scr,ices
Guinn Flementar- School. AUILLSt 2006 C TV 3� 2�
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006 - Ordinance No. 17116-08-2006
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, August 15, 2006
LOG NAME: 20GUINNE3/BYRNE REFERENCE NO.: C-21618
SUBJECT:
Adopt Appropriation Ordinance and Authorize Execution of Construction Manager at Risk Contract
with E3 Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the Guinn
Elementary School Renovation
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a non-interest bearing loan from the General Fund to the Grants Fund in the amount of
$800,000.00 for interim financing for the Guinn School Campus Renovation Grant with the University of
North Texas—Health Science Center (UNT-HSC);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $800,000.00; and
3. Authorize the City Manager to execute a Construction Manager at Risk (CMAR) contract with E3
Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn
Elementary School, located at I-35 South and Rosedale Street, in the amount of$1,500,000.00.
DISCUSSION:
Built in 1927, the Guinn Elementary School is the only remaining building (of three) on the historic Guinn
School campus that has not been renovated. The elementary school is the oldest and smallest of the
existing buildings and is the most representative in architectural character of the original 1917 structure.
The Guinn Middle School was renovated as the permanent home of the Fort Worth Business Assistance
Center (BAC) in 2001. The Guinn Gymnasium Facility was renovated as TECH Fort Worth, a technology
business incubator, in 2004.
The return to public use of the two buildings has been an unqualified success. The training workshops are
booked over capacity in the conference rooms of both buildings. In order to continue to expand the
training offered to potential entrepreneurs, the BAC and TECH Fort Worth need more meeting space. The
renovation of the elementary school will provide room for more and larger classrooms for business
education seminars, skills development workshops, and computer training classes.
On August 23, 2005, (M&C C-20919) the City Council adopted an ordinance and authorized the City
Manager to execute an agreement with the University of North Texas Health Science Center (UNT HSC) to
accept a grant from the State of Texas for Guinn Elementary School Renovation and Tech Fort Worth
Programming Fund.
The City received $800,000 for construction from the State (through UNT HSC) on September 1, 2005 and
expects to receive the next $800,000 for construction from the State (through UNT HSC) on September 1,
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Page 2 of 3
2006. The first $800,000 must be obligated via a contract award by August 31, 2006, or it will be
forfeited. If the next $800,000 disbursement is not received, this project will be cancelled.
On May 3, 2005, (M&C G-14775) the City Coucil approved application, acceptance and the required match
of $75,000 for a grant from the U. S. Economic Development Administration (EDA). The City received
notice on May 25, 2006, of the grant award of $375,000 for design and construction of the Guinn
Elementary School.
Based on the State funds, EDA grants and City match discussed above, the City will have the required
funding for the project as indicated in the estimated overall cost below.
On March 31, 2006, a Request for Proposals (RFP) was issued for a Construction Manager at Risk
(CMAR) firm to participate in the design process and lead the construction process to renovate the Guinn
Elementary School. Three firms submitted proposals and the selection process resulted in the
identification of E3/Byrne, as the best qualified firm. Approval of this M&C will grant authorization to award
a $1,500,000 CMAR contract to E3/Byrne for this project. The CMAR will work with the City's design
architect to ensure the cost of the renovation does not exceed $1,500,000.
The firm of Komatsu/Rangel, Inc., DBA Komatsu Architecture, was selected to be the designer for this
project based on its vast experience with the adaptive re-use of historic structures and its outstanding
performance as the design architect for the adaptive re-use of the other two buildings at the Guinn School
campus. The three buildings on the campus comprise the City's Business Assistance Center.
The estimated overall cost of the project is:
Design $176,000.00
Construction $1,500,000.00
Contingency, FF&E, staff administration $374,000.00
$2,050,000.00
E3/Byrne is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE
participation. The City's goal for this project is 27%.
The project is physically located in COUNCIL DISTRICT 8, but will serve Fort Worth residents in all Council
Districts.
The completion of the renovation will add 9,880 square feet to the City's facility inventory and add
approximately $5,000 per year in the facility maintenance and repair requirements.
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 of the Grants
Fund. Upon receipt of payment from the UNT-HSC, interim funding will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 220001 000452046000 $800,000.00
1) GG01 136076 0000000 $800,000.00
31
21 $800,000.00 GR76 541200 017452046010
$1,500,000.00
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GR76 451954 017452046000
2) $800.000.00
GR76 541200 017452046010
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/4/2006