HomeMy WebLinkAboutContract 35385STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
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THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called the
"City", acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and Komatsu
/Rangel, Inc., hereinafter called the "Architect", acting herein by and through Karl A. Komatsu, AIA, its
duly authorized representative, for the purpose of providing architectural design and conshuction
administration services for design of the Northwest Branch Library.
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 Ciry 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:
Preliminary master planning of the community park, programming, design, and
construction administration services for the construction of the Northwest Branch
Library on Marine Cromwell Creek Road in Fort Worth, Texas ("ProjecY'). The scope
of services is described more fully in Attachment "A" of this Agreement.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Donald Powell, Registered Architect
1.2. Architect
1.2.1. Principal in Charge: Karl A. Komatsu, AIA
1.2.2. Project Architect: Les Edmonds
2. Neither pariy 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 Project
and review available data.
2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete
the assignment in an expeditious manner.
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 Project 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.
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5. The Architect shall perform services as outlined in Komatsu Architecture letter dated Jam�arv 31,
2007 subject: New Marine Creek Branch Librarv, Fort Worth, Texas which is attached to as
Attachment "A" and made a part of this Agreement.
6. If at any time in the course of the design, the City expands the scope of services, or the Architect
believes the City has requested services that are beyond the scope of this Agreement, the Architect
shall submit a proposal for additional fees and a written agreement shall be reached on said proposal
prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement.
Architect shall not perform any additional services without a written agreement with City. Any
services provided prior to reaching an agreement on additional fees will be non-compensable.
7. 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 Project. These special services are not included as part of the Basic Services
outlined in SECTION I- SERVICES OF THE ARCHITECT and Attachment "A." These special
services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect to complete the Project
as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and Attachment "A"
hereof shall be $368,340.57, hereinafter referred to as the "total fee."
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of preliminary master plan, programming, Schematic
Design, and cost estimate 30%
1.2. Completion of Design Development and Cost Estimates 50%
1.3. Completion of Construction Documents 75%
1.4. Action by City Council to accept bids 80%
1.5. Final acceptance of the Project by the City 100%
1.6. Reimbursement of allowable expenses is identified and included in Attaclunent "A." Additional
allowable expenses shall be approved prior to incurring the expenses. Allowable expenses
include:
1.6.1. Printing Costs
1.6.2. Enhanced CAD drawings for public and City meetings.
1.6.3. Long distance phone calls
1.6.4. Postage and courier expenses
1.6.5. Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project is $2.500,000. The If the Construction Budget is exceeded
by the lowest bona fide bid, the City may (1) award the contract, (2 abandon the project and terminate
this agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay
within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of
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the project and rebid, the Architect shall, without additional fee, modify the Drawings and
Specifications as necessary to stay within the Construction Budget. In the event the City abandons the
project, the Ciry may terminate this Agreement, and the Architect shall be entitled to 80% of the total
fee plus allowable reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared 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 Project until completion. If City fails to make any payment required herein for services
and reimbursables 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 reimbursables incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Preliminary Master Plan, Programming, and Schematics Design Phase:
1.1. The Architect shall visit the site and make himself familiar with the scope of the Project.
1.2. Prepare alternative floor and site plans, architectural concepts and principal equipment and finish
plans and area-based cost estimates.
13. 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
wark, 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
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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 l 1x17 prints. Fonts shall be legible
at half-size.
2.6. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of
Architectural Baniers 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 program in the design
of the project.
2.8. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.9. The Ciry shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.10. Upon written approval of the fmal design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
2.11. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
3. Bidding:
3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the
Prebid Conference.
3.2. The Architect shall coordinate printing of documents for bidding.
3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and
make recommendations concerning the capabiliry of the bidder to satisfactorily perform the
contract.
4. Construction Services:
4.1. The Architect shall assist the City by approving submittals, observing construction procedures
and results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
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 contractar's pay requests.
4.5. Architect will conduct final acceptance and end of warranty inspections.
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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 IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Project.
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 anange 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 marked up field drawings to the Architect for review.
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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 X TERMINATION
1. The City may ternvnate 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 XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and 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, liabiliry 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, which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs, working drawings, specifications and
other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
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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
Workers Compensation
$1,000,000
$2,000,000
Coverage A: Statutory limits
Coverage B: Employers Liability Insurance
Per Occurrence
Aggregate Limit
$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
$2,000,000
Per occurrence
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.
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 Architect's insurance policies. Notice shall be sent to
the Facilities Manager, Transportation and Public Works Deparhnent, 1000 Throckmorton, Fort
Worth, TX 76102.
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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
generaloverhead.
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 far 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 fmancial
strength and solvency.
7.8. Deductible limits, or self-insi�red 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 ArchitecYs
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 far the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.1 l. 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 XII 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, City hereby releases
Architect from any damage or liability related to the presence of such materials.
2. The release required above shall not apply in the event the discharge, release ar escape of hazardous
substances, contauiuiants, or asbestos is a result of Architect's negligence or if Architect brings such
hazardous substance, contaminant or asbestos onto the project.
SECTION XIII RIGHT TO AUDIT
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
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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 subconsultants for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves, their successors and assigns, to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
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 XVII M/WBE GOALS
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 17% established for this Agreement and its commitment to meet that goal. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may
result in termination of this Agreement and debarment from participating in City contracts for a period
of time not less than three years.
SECTION XVIII OBSERVE AND COMPLY
Architect shall at all times observe and comply with all Federal and State laws and regulations and
with all City ordinances and regulations which in any way affect this Agreement and the work
hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend,
indemnify and hold harmless City and all its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
SECTION XIX MISCELLANEOUS
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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 pariy 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.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS I�day of' �, A.D., 2007.
KOMATSU/RAN EL, INC
By: '
arl A. Komatsu, .� A
President
APPROVAL REC01�1MENDED:
G
By: ����/
Robert Goode, Director
Transportation and Public Works Department.
APPROVED A =PT4�ORM AND �GALI
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By: �
y J. ' sey,/
Assis nt City;Attorney ,�
APPROVED:
gy; �.� ��� �
Marc Ott
Assistant City Manager
RECORDED:
By: � � .
Marty Hendr
City Secretary
Contract Authorization:
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Date: � � � ��
The Texas Board ofArchitectural 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 Civii Statutes, Article 249a.
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January 31, 2007
Mr. Dalton K. Murayama, AIA
Architectural Services Manager
City of Fort Worth
319 West 10'" Street
Fort Worth, Texas 76102-4616
RE: New Marine Creek Branch Library
Forf Worth, Texas
Dear Mr. Murayama:
Komatsu Architecture is pleased to provide an architectural services fee proposal for the
design of the New Marine Creek Library. The estimated 3 acre site for this library is
located on undeveloped property on the south side of Cromwell Marine Creek Road and
on the east side of an unnamed future developer road. This proposal is based on a
preliminary program provided by the Library staff for a building area between 13,000 and
1 7,000 square feet. We propose to provide Basic Architectural and Engineering Services
for a lump sum fee of $317, 804.00. An additional $50,536.00 is proposed for services
not generally considered a part of the Basic Service. The total fee amount is
$368,340.00. These fees break down as follows:
Basic Service:
Schematic
Design Development
Construction Documents
Construction Administration
Tota I
$46,294.00
�59,284.00
$150,500.00
$61,726.00
$317,804.00
Additional Services:
Site Topographic Survey $3,150.00
Plat (3 ac. Lot 1 and 33Ac. Lot 2) $9,450.00
Furniture Selection and Solicitation $28,664.00
Park and Library Master Plan $9,272.00
Tota I :
$50,536.00
Listed in the aitached hourly break down, prices ror public road engineering and soil
testing services have been included for information only. These two services are not
included in the proposed fee.
Our team will include a Structural Engineer and MEP Engineer who meet the criteria for
W/MBE participation. We will also be using a W/MBE printing firm for a portion of our
550 BAILEY AVENUE SUITE 102 • FORT N/ORTH, TX 76107-2111 • 817 332 1914 VOICE • 817 429 7463 M1ETR0 • 817 877 4754 FAX
Page 2 of 2
reproduction cost. Combined, these consultants will contribute 16.23% of the total
confract amount. Under separate cover we have provided the reasoning behind our
consultant selection and why we were unable to meet the City recommended goal.
The Master Plan for the future Park and the Library will include all preparation and the
attendance of two Public Meetings. These meetings are based on PowerPoint
presentations and therefore extensive reproduction costs are not included.
For purposes of this proposal the Basic Service fee is based on hourly rates. Actual billings
will comply with the City of Fort Worfh Owner/Architect Agreement.
This proposal includes review submittals at Schematic, Design Development and
Construction Drawing levels. Three half size sets of drawings and specs will be provided to
the City at each of these submittals. One fulf size set of drawings and specs will be
provided for Accessibility review, however review and inspection fees are not included.
One set of full size drawings and specs as well as multiple site plans will be provided to
the building inspection department for permitting. The printing of bidding documents an�
the City's construction sets are not included in this fee proposal. One full size bond
hardcopy set and one CD of ihe as-built documents are included in this fee.
If you have any questions regarding this proposal please contact our office. If this
proposal meets w.ith the City's approval Komatsu and The Landscape Alliance are
prepared to start work on the Master Plan with written notice to proceed. We appreciate
this opportunity to be working with you and the City of Fort Worth on this exciting new
library. We look forward to hearing from you.
Sincerely,
�� .
Karl A. Komatsu
President
Attachments: Hourly Break Down
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° ` Marine CreeR:Gibrary Project
Fort Wo�th, Texas
: Fee'.Proposal
January 31, 2007
° KAI Project No. 05.174
SUM�11fARY
BASIC SERVICE
Schematic
Design Development
Construction Documents
2,500,000.00 Budget
46,294.08
59,283.97
150,500.20
Construction Administration $ 61,725.74
BASIC SERVICE TOTAL $ 317,804A0
Additional Services
Furniture Specification $ 28,664.23
Master Plan $ 9,272.34
Additional Sevice Subtotal $ 37,936.58
TOTAL
$ ' 355,7.40.57
Additiona! Scope
Survey $ 3,150.00
Plat $ 9,450.00
Additional Scope Subtotal $ 12,600.00
GRAND TOTAL
$� 368,340:57
�11WBE Participation
iLiEP $ 39,800.OU
STRUC7URA1� $ �i7,500.OQ
PRI�TING $ 2,500.00
TOTAL $ 59,�00.00
Separate City Contracts
Road Engineering $ 23,100.00
Geotech $ 3,622.50
16.23% vf C7RA�IJ T(�l'AL
Marine Creek Library Project
Fort Worth, Texas :
Fee Proposal
January 31,'2007
KAI Project No. 05.174
MASTER PLAN
ARCHITECTURAL:
Project Manager $
Project Architect $
Computer Draftsman $
Subtotal
Overhead 139%
Profit ` 10%0
Architectural Subtotal
CONSULTANTS: (Includes Consultant OH&P)
>`Landscape Architect
Consultant Subtotal:
5% Architect Overhead/Profit
Consultant Total
Presentation Materials
Rate Hours Extended Cost Total Cost
45.00 8 r . $ 360.00
41.00 8 $ 328.00
27.00 24 ' - $ 648.00
40 $ 1,336.00
$ 1,857.04
$ 319.30
$ 3,512.34
$ 5,200.00
$ 5,200.00
$ 260.00
$ 5,460.00
$ 300.00
FEc fior �iASTER PLA�! $ 9�272•34
SCHEMATIC
ARCHITECTURAL:
Rate Hours
Extended Cost Total Cost
�
Project Manager
Project Architect
Project Designer
Computer Draftsman
Clerk-Typist
Subtotal
Overhead 139%
Profit 10%
Plotting and Printing
Architectural Subtotal
CONSULTANTS (Includes Consultant OH&P)
45.00 . 52,
41.00 96 .
45.00 16
27.00 200 :: .
17.00 0
364
$ 2,340.00
$ 3,936.00
$ 720.00
$ 5,400.00
$ -
$ 12,396.00
$ 17,230.44
$ 2,962.64
$ 1,000.00
tandscape Architect , ' - :; , . $ 1;000.00
MEP Engineers ; $ 4,000:00
Structu.r.al Engineer $ '' 3,500.00
' Civil Engineer $ ' 2,000.00
' Cost Estimator $ 1,600:00
Consuitant Subtotal
5% Architect Overhead/Pro�t
Consultant Total
$ 33,589.08
$12,100.00
$605.00
$12,705.00
FEE for SCHEMATIC $ 46,294.08
Komatsu Architecture MP-SD-DD - Page 1 of 2 Print Date: 1/31l2007
` ` ' Marine Creek Library Project ` `
Fort lNorth, Texas
Fee Proposal
January 31, 2007 -
KAI Project No. 05.174
D�'SIGN DEYELOPMFNT
ARCHITEC7URAL:
Project Manager (office)
Project Manager (Meetings)
Project Architect (o�ce)
Project Architect (Meetings)
Project Designer
Computer Draftsman
Project Checker
Clerk-Typist
Rate
45.00
45.00
41.00
41.00
45.00
27.00
41.00
17.00
Subtotal
Overhead 139%
Profit 10%
DD Submittal CAD Plotting
DD Submittal Printing and Mailing
Architectural Subtotal:
CON�ULTANTS: (Includes Consultant OH&P)
Hours
40
8
.'120
8
40 -
160
0
20
396
Extended Cost Total Cost
� 1,800.00
$ 360.00
$ 4,920.00
$ 328.00
$ 1,800.00
$ 4,320,00
$ -
$ 34Q.00
$ 13,868.00
$ 19,276.52
$ 3,314.45
$ '' -
$ 1,300.00
Extended Cost
Civil $ : 2,000:00.
Landscape $ 1,Op0.00
Structural $ - 3,500.OD
MEP $ 11,000.00
Cosf Estimafor $ 2,000.00
Speci�cations $ 1,000.00
Consuliai�t Subtotal:
5% Architect Overhead/Profit
Consultant Total:
$ 37,758.97
$ 20,500.00
$1,025.00
$ 21,525.00
FEE for DESIGN DEVELOPMENT $ 59,283.97
SURVEYS with added 5%ArchitectOverhead/Profit
Topographic Survey
Subsoil Inverstigation: NO7 IN CONTRAC7
Plat
Road Engineering: NUT IP! CO�JiRACT
AL
Komatsu Architecture
MP-SD-DD - Page 2 of 2
$': ' 3,000.00.
$ ' 3,450.00
$ - 9,000.00
$ 22,000.00
150.00
9,450.00
23,100.00
�_
F
Print�;Date:1/31/2007 ,
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CONST4lJCTIOP! DOCUl�dENTS
ARCHITECTURAL:
Project Manager (office)
Project Manager (Meetings)
Project Architect (office)
Project Architect (Meetings)
Project Designer
Project Coordinator
Architecturai Detailer
Computer Draftsman
Project Checker
Clerk-Typist
Consultant Coordination
Subtotal
Marine Creek Library, Project
Fort Worth, Texas : ?
Fee Proposal
January 31, 20a7
' 'KAI Project No. 05.174
Rate
$45.00
$45.00
$41.00
$41.00
$45.00
$31.00
$28.00
$28.00
$36.00
$17.00
$42.00
Overhead 139%
Profit 10%
CD Submittal CAD Plotting
CD Submittal Printing and Mailing
Architectural Subtotal:
CONSULTANTS: (Includes OH&P)
Civil
Structural
MEP
Specification
Cost Estimator
Candscape '
Consultant Subtotal:
5% Architect Overhead/Profit
Consultant Totai:
Hours
80
' 20
160
. 20
`'.40
20
8Q
620
'80
20
40
1180
Ext. Cost Total Cost
$ 3,600.00
$ 900.00
$ 6,560.00
$ 820.00
$ 1,800.00
$ 620.00
$ 2,240.00
$ 17,360.00
$ 2,880.00
$ 340.00
$ 1,680.00
$ 38,800.00
53,932.00
9, 273.20
2,400.00
�u 104,405.20
Ext. Cost Total Cost
$ ' 14,000.00
$ 8,750.00
$ ' 16,800,00
$ 2,500:00.
$ ' 900.00
$ 950.00
$ 43,900.00
$ 2,195.00
$ 46,095.00
FEE for CONSTRUCTION DOCUMEPI7S $ 150,500.20
Komatsu Architecture Construction Docs - Pa e 1 of 1 Print Date: 1/31/2007
J:�2005.174\CONTRACTSUAarine Creek Lihrary Fae ProposalREV2.x15 9
:Marine Creek Library Project
FQrt Worth; Texas `
`Fee Proposal
January 31, 2007 :
KAI Project No. 05:174
CONSTRUCTION :4DI�l11NISTRATION
ARCHITECTURAL : Rate Hours Ext. Cost
Shop Drawing review PM $ 45.00 20 $ 900.OQ
PA $ 41.00 120 $ 4,920,00
Subtotal $ 5,820.00
Overhead 139% $ 8,089.80
Proft 10% $ 1,390.98
Subtotal Shop Drawing Review $ 15,300.78
RFI's/Site Visits PM $ 45.00 : 80 $ 3,600.00
PA $ 41.00 160 $ 6,560.00
Subtotal $ 10,160.00
Overhead 139% $ 14,122.40
Profit 10% $ 2,428.24
Subtotal Consultations/RFI's $ 26,710.64
As-Buiit / Record Drawings $ 27.00 40 $ 1,080.00
Subtotal $ 1,080.00
Overhead 139% $ 1,501.20
Profit 10% $ 258.12
Subtotai As-Built / Record 9rawings $ 2,839.32
Architectural Subtotal: $ 44,850.74
As-Built / Record Drawings CADD Plotting $ 2,700.00
ARCHITECTURAL Subtotal (In Office, Plotting, Document Transfer, Site Visits): $ 47,550.74
CONSULTANT: Shop Drawings, RFI's, As-Built/Record Drawings/Inspections 7rips
CIVIL:
CA
LANDSCAPE:
CA
STRUCTURAL:
CA
MEP:
CA
Consultant Subtotal:
5°/a Architect Overhead/Profit
Consultant Total:
TOTAL CONSTRUCTION ADMINISTRATION
$ 2,000.00
$ 1,750.00
$ 1,750.00
$ 8;000.00
Komatsu Architecture
J:12005.174\CONTRACTSUAerine Creek Lf6rary Fee PmposalREV2.xls CA - Page 1 of 1
Ext. Cost
$ 2,000.00
$ 1,750.00
$ 1,750.00
$ 8,000.00
$ 13,500.00
$ 675.00
$ 14,175.00
$ 61,725.74
Print Date: 1/31/2007
Marine Creek Library Project
_ ' Fort Wo� th, Taxas
Fee Proposal
January 31, 2007
<' _ ,
KAI Project No. 05.174
FURfdITURE SELECTION
Project Manager
Project Architect
Computer Draftsman
Interior Designer
Project Checker
Clerk-Typist
Subtotal
Subtotal:
Rate Hours
$45.00 'f6 `
$41.00 0
$28.00 80 -
$42.00 ': 160 ``
$36.00 ` 20
$17.00 24
300
Overhead 139%
Profit 10%
ID Submittal Printing and Mailing
Ext. Cost Total Cosf
$ 720.00
$ -
$ 2,240.00
$ 6,720.00
$ 720.00
$ 408.00
$ 10,808.00
15,023.12
2,583.11
250,00
$ 28,664.23
��� for FU�IVITUi2E �ELE�TI�N $ 28,664.23
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/29/2007 - Ordinance No. 17566-05-2007
DATE: Tuesday, May 29, 2007
LOG NAME: 20KOMATSUNWLIBR REFERENCE NO.: **C-22141
SUBJECT:
Authorize Execution of Architectural Design Agreement With Komatsu/Rangel, Inc., for Design and
Construction Administration Services for the Northwest Branch Library and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $6,000.00 from the Park Improvement Fund to the Library Improvement Fund;
2. Authorize the City Manager to execute a$368,340.57 design and construction administration services
contract with Komatsu/Rangel, Inc., for the construc ion o the Northwest Branch Library; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Library Improvement Fund in the amount of $6,000.00 from available funds.
DISCUSSION:
The library site is located on Cromwell Marine Creek Road which is on a portion of the parkland that was
received under the parkland dedication requirement from the developer to the Parks and Community
Services Department (PACS). Therefore, $6,000 will be used as part of the developer contribution fees for
this project. PACS is also purchasing additional adjacent land for a community park. The Architect's scope
of work will also include $6,000 for the preliminary master plan design for the community park.
Eagle Mountain-Saginaw Independent School District is currently designing an elementary school adjacent
to the library site and is scheduled to open for the school year 2008. City staff will recommend a
Community Facilities Agreement (CFA) with the school district to have its architect design and contractor
build and expand the roads related to both projects at the same time.
The Request for Qualifications from architectural design firms was advertised in the Commercial Recorder
on October 20, 2005. Thirteen firms provided submittals. City staff ranked the submittals, interviewed the
top five firms in February 2006, and selected Komatsu/Rangel, Inc., as the best qualified firm.
The estimated overall cost of the project is:
Design
CFA Road Design & Geotech
Construction
CFA Road Construction
FF&E
Contingency, ITS, Geotech, StafFAdmion
Logname: 20KOMATSLTNWLIBR
$368,341.00
$26,800.00
$2,400, 000.00
$190,000.00
$900,000.00
$520,859.00
Page 1 of 2
Total $4,406,000.00
Komatsu/Rangel, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17 percent
M/WBE participation. The City's goal for this project is 17 percent. Komatsu/Rangel, Inc., is utilizing the
same civil engineering consultants being used by the school district for the elementary school.
The project is physically located in COUNCIL DISTRICT 7 but will serve Fort Worth residents in all
COUNCIL DISTRICTS.
The completion of the branch library will add 13,000 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 and completion of recommendation one and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,
of the Library Improvement Fund.
TO Fund/Account/Centers
1& 2) C230 472188 207840015730
2) C230 531200 207840015730
�aCibiiiitted fOi' Ciiy i'riaiiage�'s tZ��c� l�v:
Originating De�artment Head:
Additional Information Contact:
6 000.00
6 000.00
FROM Fund/Account/Centers
3) C230 531200 207840015730
1) C188 538070 080188105030
Marc Ott (��76)
Robert Goode (7804)
Dalton Murayama (8088)
$368, 340.57
$6,000.00
s ,. . -
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Logname: 20KOMATSUNWLIBR Page 2 of 2
Ordinance No.
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE LIBRARY IMPROVEMENTS FUND IN THE
AMOUNT OF $6,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF
EXECUTING A DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT WITH �OMATSU ARCHITECTURE FOR THE NORTHWEST
BRANCH LIBRARY; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-
2007 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Library Improvements Fund in the amount of $6,000 from available funds for
the purpose of executing a design and construction administration services contract with Komatsu
Architecture for the Northwest Branch Library.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: