HomeMy WebLinkAboutContract 35845 (2) CITY SECFREr,�FiY
CONTRACT NO.
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,Parker,and Wise Counties,Texas,hereinafter called the
"City",acting herein by and through Marc Ott,its duly authorized Assistant City Manager,and Freese and
Nichols, Inc., hereinafter called the "Architect", acting herein by and through Robert F. Pence, its duly
authorized representative,for the purpose of providing architectural design and construction administration
services for design of the City's Citizen Drop-Off Station.
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:
Design and provide construction administration services for a Citizen Drop-Off Station
at 6250 Old Hemphill Road in Fort Worth,Texas("Project"). 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: Alfonso Meza,Registered Architect
1.2. Architect
1.2.1.Principal in Charge:Jeffrey Arrington,PE
1.2.2.Project Manager: Jennifer Brown,PE
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 Projects
and review available data.
2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete
the assignment in an expeditious manner.
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 Projects at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in perfom?ing---
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 64d
presentations as a part of the reimbursable allowance.
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� ORIGINAL
5. The Architect shall perform services as outlined in the Freese and Nichols, Inc. Email dated May 3,
2007,subject: Fort Worth Citizens Drop-Off Center-Old Hemphill Road(Revised Scope and Budget)
with revised scope and fee attachment,which is attached hereto as Attachment"A"and made a part of
this Agreement.
6. If at any time in the course of the design,the City expands the scope of services,or the Architect
believes the CiV has requested services that are beyond the scope of this Agreement, the Architect
shall submit a proposal for additional fees and a written agreement shall be reached on said proposal
prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement.
Architect shall not perform any additional services without a written agreement with City. Any
services provided prior to reaching an agreement on additional fees will be non-compensable.
7. Architect shall apply for building permits and provide such service as may be necessary for the
building permits to be issued. The City shall pay any fees for such Building Permits.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City, Architect shall furnish or obtain from others special services
necessary to complete the Projects. These special services are not included as part of the Basic
Services outlined in SECTION I - SERVICES OF THE ARCHITECT and Attachment "A." These
special services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compgnsation for all of the assignments to be performed by Architect to complete the
Projects as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and
Attachment"A"hereof shall be$120,859,hereinafter referred to as the"total fee,"plus up to$10,000
in reimbursable;expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of Schematic Design 20%
1.2. Completion of Design Development and cost estimates 40%
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 shall have prior approval of the City. 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 the Project is$1,100,000. 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
Page 2 of 10
the project and rebid, the Architect shall, without additional fee, modify the Drawings and
Specifications at necessary to stay within the Construction Budget. In the event the City abandons the
project,the City may terminate this Agreement, and the Architect shall be entitled to 80%of the total
fee plus allowable reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design,at no additional cost to the City,to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared 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 Projects until completion. If City fails to make any payment required herein for services
and reimbursable expenses within sixty days after approval of Architect's statement thereof,Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Schematics Phase:
1.1. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative site plans, architectural concepts and principal equipment and finish plans
and area-based cost estimates.
2. Design Phase:
2.1. The design shall include all site work, design and coordination of utilities, landscaping and
facility design required for a complete and functional project.
2.2. Architect shall prepare the design in stages as follows:
2.2.1.Design Development Phase: Preparation of architectural and MEP floor plans, principal
elevations, civil and utility site plans, selection of principal equipment and finishes, and
discipline-based cost estimates. Upon written approval of this phase of the work,Architect
may proceed to the Construction Document Phase.
2.2.2.Construction Document Phase: Preparation of details,mechanical, electrical, and plumbing
plans,finishes schedules,detailed technical specifications,and detailed cost estimates.
2.3. Format of Drawings
2.3.1.Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8"or such other scale as may be agreed to in writing for all disciplines,elevations
will be at same scale as floor plans, area plans will have same scale for all disciplines, and
site plans for all disciplines will be at same scale.
2.3.2.Drawings shall plot to 22x34 sheet to facilitate half-size 1 lxl 7 prints. Fonts shall be legible
at half-size.
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2.4. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of
Architectural Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections.
All design 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.
2.4.1.The rchitect shall reimburse the City of Fort Worth for all costs and fees incurred in
modi;ing 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.
2.4.2.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.
2.5. 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.
2.6. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.7. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.8. Upon writtyn approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
2.9. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
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 capability of the bidder to satisfactorily perform the
contract.
4. Construction Services:
4.1. The Architect shall assist the City by approving submittals, observing construction procedures
and results,reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
4.2. Architect shall attend periodic job site meetings,prepare meeting notes and distribute them to all
participants and key project personnel.
4.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
4.4. Architect will review contractor's pay requests.
4.5. Architect will conduct final acceptance and end of warranty inspections.
4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of
"Record Drawings"for the City's archives.
4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as determined by the City,
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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, uch instruments of service without the written permission of the Architect will be at
the City's sole 'sk. 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 Projects.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Projects and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon
public and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Projects for the purposes of transmitting instructions, receiving information, interpreting and defining
City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide"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 Projects.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract,and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors prepared field drawings to the Architect for review.
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.
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SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice,the Architect shall immediately discontinue all
services and wofk 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 q4e Agreement in accordance with the method of compensation prescribed in Sections
V and VI hereon. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and 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,which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs,working drawings,specifications and
other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents,
servants or employees harmless from any loss,damages,liability or expense,on account of damage to
property or injuries to person caused by defects or deficiencies in design criteria and information
provided to Architect by City, or any deviation in construction from Architect's designs, working
drawings,specifications or other documents.
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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 Occurrence
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B:Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease--per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per occurrence
$2,000,000 Project aggregate
6. 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 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.
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7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved b�the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.9. Deductible�imits,or self-insured retentions, affecting insurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled,upon its request and without incurring expense,to review theArchitect's
insurance policies including endorsements thereto and,at the City's discretion,the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
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 XII HAZARDOUS MATERIALS
I. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation,treatment,storage,or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City,City hereby releases
Architect from any damage or liability related to the presence of such materials.
2. The release required above shall not apply in the event the discharge,release, or escape of hazardous
substances, contaminants, or asbestos is a result of Architect's negligence or if Architect brings such
hazardous substance,contaminant,or asbestos onto the Projects.
SECTION XIII RIGHT TO AUDIT
I. 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.
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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
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 XVII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal
of 22%is established for this Agreement and its commitment to meet that goal. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may
result in termination of this Agreement and debarment from participating in City contracts for a period
of time not less than three years.
SECTION XVIII 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 XIX 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
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United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each
party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
IN TESTIMONY THEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary,with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies,each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS 1,day ofb ,A.D.,
2007.
FREESE AND NICHOLS,INC APPROVED:
By: � 4-4&�L- By:
obert F.Pence Mar Ott
President Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:
By: .�� By:
f—
Robert Goode,PE Marty Hendrix
C�•� Transportation&Public Works Department City Secretary
APPROVED AS TO AND L GAL Y: M&C C-22341 (August 28,2007)
Contract Authorization
By: Date:
Amy J. am
Assistant C' Att mey
' i�l
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-
9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
Page 10 of 10
Murayama, Dalton �'`71( r1Att
From: Jeff Arrington[JA@freese.com]
Sent: Thursday, May 03, 2007 2:28 PM
To: Murayama, Dalton
Subject: Fort Worth Citizens Drop-Off Center-Old Hemphill (revised scope and budget)
1
Dalton,
Attached are the revised scope and fee estimate for the above referenced project that we discussed earlier this week.
I
If you have any questions, please contact me at 817 735 7385
Jeff Arrington, P.E.
Freese and Nichols
--------------------------------------
This electronic mail message is intended exclusively for the individual or
entity to which it is addressed. This message, together with any attachment,
may contain Freese and Nichols, Inc. confidential and privileged information.
The recipient is hereby put on notice to treat the information as
confidential and privileged and to not disclose or use the information except
as authorized by Freese and Nichols, Inc. Any unauthorized review, printing,
retention,copying, disclosure,distribution, retransmission, dissemination
or other use of,or taking of any action in reliance upon,this information
by persons or entities other than the intended recipient is prohibited.
If you received this message in error, please immediately contact the sender
by reply email and delete all copies of the material from any computer.
Thank you for your cooperation.
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08/21/2007 {
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City Of Fort Worth
Citizens Drop-Off Center
Old Hemphill Site
DESIGN AND CONSTRUCTION DOCUMENT PREPARATION
SCOPE OF WORK
Project description
Design and prepare construction documents for a Citizen Drop-off Center
to be located on Old Hemphill Drive in Fort Worth. The prototype layout will be
similar to the Southeast Service Center Layout with improvements based on the
City of Fort Worth Design De-brief from October 2006. The layout will include an
approximately 300 square foot office/guard booth/restroom building and a 1600
square foot swap shop shelter.
A drainage study will be performed that analyses local drainage conditions
on site as well as ffsite drainage that may affect the site development. The
findings of this study will be discussed with City staff at the concept review
meeting.
It is our understanding that this project will be a competitive sealed
proposal type project. Freese and Nichols will provide electronic versions final
construction documents to the City for distribution to prospective contractors.
FNI will provide support during the process that includes proposal evaluation,
attendance at preconstruction meeting and responding to questions during
construction.
Deliverables:
Prototype Plan
Five sets of 60% Construction Plans
Five Sets of 95% Construction Plans and Specificaitons
Ten Sets of Final Construction Plans and Specifications
Electronic versions of Plans and Specifications
Meetings:
Conceptual/Prototype Review
60% Design Review
95% Review
Pre-bid
Pre-construction
Regulatory reviews:
Building and fire code reviews.
Permit applications not applicable
TDLR review application.
Landscape and sign ordinance as applicable.
Additional services not included in this fee:
Surveying
Geotechnical Services
Rendered drawings or 3D renderings j
Finish/color boards
Permitting
FEMA Flood Studies
Major Creek Channel Design and Analysis
Division of Work
Preliminary
Project Management Freese and Nichols
Drainage Study Freese and Nichols
Concept Plan Freese and Nichols
Construction Documents
Architectural Freese and Nichols
Landscaping/Irrigation LTS Design Group
Structural Freese and Nichols
Civil (paving and drainage) Freese and Nichols
Civil (Utilities) Multatech
Mechanical Multatech
Electrical Multatech
Plumbing Multatech
MWBE Participation
Multatech will perform the following services for this project:
• Preparation of Mechanical, Electrical, Plumbing and Utilities Plans and
Specifications
• Additional Technical Support for Drawing and Specification Preparation
LTS Design Services will perform the following Services:
• Landscape and Irrigation Plans
City of Fort Worth
Citizen Drop-Off Station.
Old Hemphill Site
Fee Summary
Conceptual Plan/Drainage $15,346
Site Visit, Develop Prototype, Cost Estimate
Drainage Study
Plans and Specifications $55,900
Civil, Arch, Structural
Meetings $10,000
30, 60 and 95%Reviews
Bid,Award, Construction $6,200
MWBE $33,413
MEP, Utilities, Tech Support, Landscape
Labor Total 120 859
Expenses $10,000
Printing, Computer, TAS Review/Inspection
General
Total $130,859
* Includes F&N markup (cost is$29,055)
Multatech- $23,040
LTS Design- $6,015
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of
ONE HUNDRED THIRTY THOUSAND EIGHT HUNDRED FIFTY NINE DOLLARS($130,859), If FNI
sees the Scope of Services changing so that additional services are needed,including but not limited to those
services described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's approval
before proceeding. Additional Services shall be computed based on the Schedule of Charges.
B. Schedule of Charees for Additional Work:
Staff Member Salary Cost Times Multiplier of 2.14
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,
laborers,etc.,for the time directly chargeable to the project,plus social security contributions,unemployment
compensation insurance,retirement benefits,medical and insurance benefits,longevity payments,sick leave,
vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times payroll. This factor is
adjusted annually).
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel,transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related
to the work, including costs of laboratory analysis,test,and other work required to be done by independent
persons other than staff members. For CAD services performed In-house by non-FNI employees where FNI
provides workspace and equipment to perform such services, these set-vices will be billed at cost times a
multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or
similar services.
Rates for In-house Services
Computer Printin
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Bindin
$5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $ 20.00 per test
3-10-04
RAContract\2007\Contract\ .doc FNI
CO-1 OWNER
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007 - Ord. No. 17729-08-2007
DATE: Tuesday, August 28, 2007
LOG NAME: 20F&NDROPOFF REFERENCE NO.: **C-22341
SUBJECT:
Authorize Transfer of Funds, Authorize Execution of An Architectural Agreement with Freese and
Nichols, Inc., for the Design of the Citizen Drop-Off Station at 6250 Old Hemphill Road and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$1,700,000 from the Solid Waste Fund to the Specially Funded Capital Projects
Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $1,700,000 from available funds; and
3. Authorize the City Manager to execute a design and construction administration services contract with
Freese and Nichols, Inc., in the amount not-to-exceed $131,000 for the Citizen Drop-Off Station at 6250 Old
Hemphill Road (the Southside Drop-Off Station).
DISCUSSION:
The firm of Freese and Nichols, Inc., was part of the original Design-Build contractor team and they
designed the first two stations. The Brennan Drop-Off Station was completed in the Fall 2005 and the
Southeast Drop-Off Station was completed in the Winter 2005.
As the Southside Drop-Off Station is very similar in layout to the first two drop-off stations, staff
recommends that Freese and Nichols, Inc., be selected as the architectural/engineering firm for this project
at a cost of$131,000. Additional M&Cs will follow for the construction phase.
The FY 2006-07 Solid Waste Operating Budget included funds for the operation of the new drop-off
stations. As a result of delays in siting, design, and construction, funds were not spent on operations and
are available for the construction of the Southside Drop-Off Station. Staff recommends transferring the
funds designated for operation of the new drop-off station to the Specially Funded Capital Projects Fund.
The estimated overall cost of the project is:
Design $131,000.00
Construction $1,300,000.00
ITS, Geotech, Testing $137,000.00
Contingency, FF&E, staff administration &132,000.00
Total $1,700,000.00
Logname: 20FNDROPOFF Page 1 of 2
Freese and Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 22 percent
M/WBE participation. The City's goal for this project is 21 percent.
The project is physically located in COUNCIL DISTRICT 6 but will serve Fort Worth residents in all Council
Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)C291 472064 2010800839ZZ $1,700,000.00 1) PE64 538070 0525001 $1,700,000.00
2) C291 511060 201080083930 $15,000.00 3) C291 531200 201080083930 $131,000.00
2)C291 539120 201080083930 $5,000.00
2)C291 511080 2010800E 980 $30,000.00
2)C291 522500 2010800EI 80 $30,000.00
2)C291 531060 201080083980 $30,000.00
2) C291 539120 201080083980 $5,000.00
2) C291 541200 201080083980 $1,430,000.00
2)C291 541330 201080083980 $10,000.00
2)C291 531200 201080083930 $145,000.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
Logname: 20FNDROPOFF Page 2 of 2
Ordinance No.
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF
$1,700,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE
DESIGN CONTRACT WITH FREESE AND NICHOLS, THE CONSTRUCTION, ITS,
GEOTECH TESTING AND ADMINISTRATION OF THE CITIZEN DROP-OFF STATION
AT 6250 OLD HEMPHILL ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; 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
Specially Funded Capital Projects Fund in the amount of$1,700,000 from available funds for the purpose of
funding the design contract with Freese and Nichols, the construction, ITS, geotech testing, and
administration of the citizen drop-off station at 6250 Hemphill Road.
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: