HomeMy WebLinkAboutContract 41240 (3)CITV SECRETARY �1 a.44.
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 Fernando Costa, its duly authorized Assistant City Manager, and
Brinkley Sargent Architects., hereinafter called the "Architect", acting herein by and through Dwayne M.
Brinkley, AIA, its duly authorized representative, for the purpose of providing architectural design and
construction administration services for the Far Southwest Community Center located at 4680 McPherson
Blvd. in Fort Worth, Texas.
WITNES SETH:
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:
Provide design, construction documents, and construction administration services for
the Far Southwest Community Center at 4680 McPherson Blvd. 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: Ronald Clements, Registered Architect
1.2. Architect
1.2.1. Principal in Charge: Dwayne M. Brinkley, AIA
1.2.2. Project Manager: Dwayne M. Brinkley, AIA
1.2.3. Project Architect: Steven Springs
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III C_ARACTER 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 performing_seryices _
hereunder), and act as City's representative in connection with any such services of others.
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OFFICIAL RECORD
CITY SECVIAiref
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4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
5. The Architect shall perform services as outlmed in the Brinkley Sargent Architects, 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 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. 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 m 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 compensation 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 $286,996.00 hereinafter referred to as the "total fee," phis up to $30,000.00 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 and cost estimates 20%
1.2. Completion of Design Development and cost estimates 40%
1.3. Completion of Construction Documents and cost estimates 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
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I. The Construction Budget for the Project is $2,500.000 00 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 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 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
I. Schematic Design Phase:
1.1. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative floor plans, architectural concepts, and finish plans and area -based cost
estimates.
2. Design Phase:
2.1. The Architect shall prepare presentation graphics using plans necessary for the design and attend
one City meeting (if required) during the design of the project.
2.2. Architect shall prepare the design in stages as follows:
2.2.1. Design Development Phase: Preparation of architectural and MEP plans, principal
elevations, selection of principal 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.
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2.3.2. Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
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 designs shall be in conformance with the Elimination of Architectural Barriers Act, State of
Texas, City of Fort Worth Building Codes and the Americans with Disabilities Act.
2.4.1. 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.
2.4.2. 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 submit estimates of probable construction cost for each stage of design to the
City.
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2.6. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.7. Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and techmcal specifications to the City for use in bidding.
2.8. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
Bidding:
3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and attend the
Prebid Conference, and participate in the contractor selection process.
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.
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
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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.
6. Prepare schedules using the following scheduling software systems: Primavera Version 6.1 or
Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version
2003/2007. The softwares can be later versions. If a different software is planned, the software has to
be previously approved by the City
SECTION IX CITY RESPONSIBILITIES
I. Provide critena 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.
S. Provide ' Front End", includmg 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 suchlegal, 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.
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17. Bear all costs incident to compliance with this Section.
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 work and the placing of all orders or the entering into contracts for supplies, assistance
facilities and materials m connection with the performance of this Agreement and shall proceed to
cancel promptly all existmg 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 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 m 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 consultants, 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 Engineermg documents by the
Architect, its officers, agents,employees and consultants, it being the intent of the parties that approval
by the City signifies the City% 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 consultant, and all other persons performing any part of the work and improvements,
which may arise out of any negligent act error or onussion 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 ansing 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
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Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability
$1,000,000
$2,000,000
Per Occurrence
Aggregate Linnt
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 claim
$2,000,000 Annual 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 thirty days notice of cancellation or non -renewal 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 by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self -insured retentions, affecting insurance required herein may be acceptable to
the City at its sole discretion and, in lieu of traditional insurance any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion, the Architect may be
required to provide proof of insurance premium payments.
7.10. All insurance, except for the Professional Liability insurance policy, shall be written on 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 six years following the issuance of the Certificate of' Substantial Completion by the
Architect. The City shall be notified at least 30 days pnor to cancellation or non -renewal 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, 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
1. Architect agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books documents, papers
and records of the Architect involving transactions relating to this Agreement Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits m compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits
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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Architect and consultants agree to photocopy such project -related documents as may be requested by
the City. The City agrees to reimburse Architect and consultants for the costs of copies 'it 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.
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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
consultants. Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent
superior has no application as between the City and the Architect.
SECTIONXVII 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 m City contracts. Architect acknowledges the M/WBE goal
of 18% 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 m 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 pro ision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
Page 9 of 10
By:
Fernando Costa
Assistant City Manager
RECORDED:
By:
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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 day of , A.D., 2010.
kl Briney Sargent Architects
By:
Dwayne M.
Principal
rinkley, AIA
APPROVAL RECOMMENDED:
William A. V - rkest, PE rector
Transportation and Public Works Department
APPROVED:
APPROVED AS TO FORM AND LEGALITY:
Douglas W Black
Assistant City Attorney
Marty Hendrix
City Secretary
M&C C-24630
Contract Authorization
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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
OFFICIAL RECORD
CITY SECRETARY
ET. WORTH, TX
Page 1 of 1
° Clements, Ronald
From.
Sent:
To:
Cc:
Subject:
Murayama, Dalton
Friday, September 24, 2010 4:11 PM
Seebock, Eric; Clements, Ronald
Murayama, Dalton
FW: Ft. Worth Far Southwest Community Center
Attachments: EXHIBITS_FINAL 2010-9-24.pdf
Eric, we'll proceed with $286,996.00 plus NTE $30,000 reimbursable expenses. Ronnie, pis start the M/WBE goal and
compliance so we can do the M&C to award the agreement. Thanks, Dalton
Dalton Murayama, AIA
Architectural Services Manager
Facilities Management/Architectural Services
Transportation & Public Works Department
City of Fort Worth
(817) 392-8088 Office (817) 392-8488 FAX
dalton.murayama@fortworthgov.org
From: Chelsey Tyson[mailto:ctyson@brinkleysargent.comJ
Sent: Friday, September 24, 2010 3:12 PM
To: Murayama, Dalton
Subject: Ft. Worth Far Southwest Community Center
Dalton,
Attached are the revised Exhibits. Please call Dwayne with questions.
Thank you,
Chelsev Tyson
Marketing Coordinator
BRINKLEY SARGENT ARCHITECTS
DALLAS j AUSTIN
5000 QUORUM, SUITE 600
DALLAS, TEXAS 75254
T 972.960.9970
F 972.960.9751
www.brinkleysorgent.com
11/02/2010
l An
EXHIBIT A
FT. WORTH FAR SOUTHWEST COMMUNITY CENTER
SPECIAL TERMS AND CONDITIONS
SCOPE OF SERVICES
The Architect will perform the following services as defined in Ft. Worth's Standard
Architectural/ Owner Agreement
PROJECT ADMINISTRATION SERVICES
Evaluation of Project Budget
Schedule Development & Monitoring
Preliminary Estimate of Cost of the Work
Owner -Supplied Data Coordination
Value Analysis
Agency Consulting as Required
DESIGN SERVICES
Programming
Architectural Design
Structural Design
Mechanical Design
Electrical Design
Interior Material Selections
Landscape Design
Civil Design
CONSTRUCTION PROCUREMENT SERVICES
Bidding/Proposal Documents
Bidding/Negotiation Addenda
Analysis of Alternates/Substitutions
Pre -Bid Conference/Selection Interviews
Biddmg/Negotiation
Bid/Proposal Evaluation
CONTRACT ADMINISTRATION
General Administration
Submittal Services
Site Visitation
Payment Certification
Supplemental Documentation
Administration of Changes in the Work
Interpretations
Project Close -Out
Ft. Worth Far Southwest Community Center
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Exhibit A, Page 1 of 1
9.t&,fo
EXHIBIT B
FT. WORTH FAR SOUTHWEST COIVIlVIUNITY CENTER
SPECIAL TERMS AND CONDITIONS OF THE CONTRACT
1.4.1.3.1 CHANGE ORDERS
A. Omissions: If the Architect fails to include or omits an item from the Contract Documents, which was
fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, the
Architect will not receive a fee for work associated with the Change Order.
B. Design Error: If the Architect incorrectly designs or specifies an item which the owner specifically
requested to be part of the scope of work and fails to correct the error prior to installation in the
Project, thereby requiring its removal or change, the Architect shall be responsible for the cost to
replace said item•with the proper item above the Owner's contingency of 1%.
1.4.1.3.2 STANDARD OF CARE/CONTINGENCY
A. In performing Architectural Services, the Architect will strive to use that degree of care and skill
ordinarily exercised under similar circumstances by competent members of the architecture profession
The Owner agrees to consider reasonable standard of care when evaluating adjustments to the project.
14.1.3.3 ADA COMPLIANCE
A. The Americans with Disabilities Act ("ADA") provides that it is a violation of the ADA to design and
construct a facility for first occupancy later that January 26, 1993 that does not meet the accessibility
and usability requirements of the ADA except where an entity can demonstrate that it is structurally
impractical to do so. The parties acknowledge that the ADA and the corresponding State of Texas
laws regarding disability barriers ("State Law ) will be subject to various and possible contradictory
interpretations The Architect, therefore will use reasonable professional efforts to interpret and
comply with all applicable ADA and State Law requirements and other federal, state, and local laws,
rules, codes, ordinances and regulations as they apply to the Project. The Architect, due to such
competing interpretations, does not warrant or guarantee that the Project will comply with
interpretations of applicable provisions of the ADA and State Law. However, the Architect will timely
submit the Plans and Specificationsto the applicable State of Texas agency with respect to compliance
with State Law in order for such State of Texas agency to review and comment to the Plans and
Specifications prior to the scheduled commencement of construction.
14.1.3.4 ARCHITECTURAL REGISTRATION
A. The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas
78758 (512-458-1363) has jurisdiction over individuals licensed where the Architect's Registration
Law, Texas Civil Status Article 249a.
Ft. Worth Far Southwest Community Center Exhibit B, Page 1 of 2
14.1.3.6 Architect's insurance Coverage
A. Architect shall provide the following insurance coverages as part of this contract.
Brinkley Sargent Architects, Inc. Insurance Coverage
Professional Liability (E & 0)
Limits of Liability per claim
Annual Aggregate
1,000,000
2,000,000
General Liability
General Aggregate Limit (Other than Products -Completed Operations) 4,000,000
Products -Completed Operations Aggregate Limit 2,000,000
Personal and Advertising Injury Limit 1,000,000
Each Occurrence Limit 2,000,000
Fire Damage (any one fire) Limit 100,000
Medical Expenses (any one person) Limit 5,000
Umbrella
Each Occurrence/Aggregate 6,000,000
Automobile Liability
Combined Single Limit Bodily Injury and Property Damage Each Occurrence 1,000,000
Worker's Compensation Insurance
Bodily Injury by Accident (each accident) 500,000
Bodily Injury by Disease (each employee) 500,000
Bodily Injury by Disease (policy limit) 500,000
Ft. Worth Far Southwest Community Center
Exhibit B, Page 2 of 2
EXHIBIT C
FT. WORTH FAR SOUTHWEST COMMUNITY CENTER
SERVICES AND COMPENSATION
•
11.2.1 A/E BASIC AND SUPPLEMENTAL SERVICES INCLUDED IN THE CONTRACT SCOPE OF WORK.
A. BASIC AB SERVICES (ONE LEVEL STRUCTURE)• $282,496
(Based upon $2 500,000 construction budget)
Basic Services Includes:
• Architecture
• MEP Engineering
• Structural Engineering
• All Services Noted Below
• Fees to be billed monthly by percent as follows:
i. Schematic Design 15%
ii. Design Development 20%
iii. Construction Documents 40%
iv. Bidding/Negotiations 5%
v. Construction Administration 20%
The budget may be adjusted from time to time by City of Ft. Worth's authorization. The Architect v ill
receive no adjustment in the fixed fee should the actual accepted construction bid amount vary from the
budget and subsequently be approved by the city unless it is a result from additions to the program areas.
Should the City increase the construction budget as a result of increased scope of work the Architect will
receive a fee adjustment equal to 7.5% of the budget increase.
SUPPLEMENTAL SERVICES INCLUDED IN BASIC AYE FEES ARE AS FOLLOWS
IN I'ERIOR DESIGN SERVICES: "Interior finish selection, presentation, specifications, and shop drawing
review services will be provided by Brinkley Sargent Architects. ($6,000)
COST ESTIMATING SERVICES: Services include preparing conceptual cost estimate and detail cost
estimates at schematic design and design development phases. ($11,106 including architectural coordination
fee of $1,000)
CIVIL ENGINEERING: Provide civil engineering services including site horizontal control, water and sewer
plans utility plans, drainage maps, paving plans, grading plans, storm water pollution prevention plan
(SW3P), utility coordination and construction administration. ($25,500)
ACCESSIBILITY CONSULTING SERVICES: Review of documents by state approved firm for
conformance Site visits for substantial completion and final state required inspection are included. All State
of Texas required submittal fees are included in this contract except submittal fee. ($1,890)
LANDSCAPE DESIGN SERVICES: Services shall include selection of plant material, flatwork
design/details and design of irrigation system as well as providing assistance in the bidding and construction
administration of these elements. Designer shall coordinate all work with appropriate agencies. ($8,000
including architectural coordination fee of $800)
Ft. Worth Far Southwest Community Center Exhibit C, Page 1 of 2
AS -BUILT DOCUMENTS: Prepare an electronic version of drawings showing significant changes in the
work during construction from data furnished by Contractor. ($5,000)
B. SUPPLEMENTAL SUSTAINABILITY REPORT TO SUPORT GRANT $4,500
Direction and documentation of sustainable design efforts in support of Grand Application
C. SUPPLEMENTAL SERVICES (OPTIONAL).
EQUIPMENT, FURNITURE SELECTIONS AND PROCURMENT: Assist in the selection of equipment,
furnishings, specification procurement and placement of all items including punch list resolution (IF
REQUIRED)
SUMMARY OF PROFESSIONAL FEES:
Basic Professional Services
Sustainable Design
Estimated Reimbursable Cost (Reference Exhibit D)
TOTAL PROFESSIONAL CONTRACT
SCOPE OF 'WORK ASSUMPTIONS
1. Building site does not require zoning on site submittal process.
2. Platting will be done by Owner.
3. Geotechnical reports will be provided by the Owner.
4. Site survey, boundary, tree survey and topographic survey by Owner.
$282,496
$4,500
$30,000
$316,996
Note: If construction activities extend past 13 months through no fault of the architect, the architect shall have right to
seek additional services at a rate of $3,000/month for extended construction administration services through completion of
project close-out.
Ft. worth Far Southwest Community Center Exhibit C, Page 2 of 2
EXHIBIT D
FT. WORTH FAR SOUTHWEST COMMUNITY CEN [ER
REIMBURSABLE BUDGET ESTIMATE
Printing / Plotting / Deliveries / Communications
Schematic Design (2 sets)
Design Development (2 sets)
Construction Documents Check Set (2 sets)
Bidding/Negotiations Documents (Allowance 15 Sets)
Construction Administration (1 as -built set of documents)
Consultant Printing/Plottrng
Travel
$30,000
Total Reimbursable Budget $30,000
Note:
Reimbursable budget shall not be exceeded without prior written consent of Owner.
•
Ft. Worth Far Southwest Community Center Exhibit D, Page 1 of 1
Proposed Consultants
Structural Engineering
Civil Engineering
MEP Engineering
Landscape Architecture
TAS Review
Cost Estimator
Printing
•
Financial Information
Overhead rate plus direct expense
Profit
Hourly Rate Chart
Jaster-Quintinilla
Jaster-Quintinilla
MEP Engineering
Tincup Studios
AByD
Apex
MS Reprographic
2.34
10%
Attached
City of Fort Worth, Texas
Mayor and Council ommunicati•n
COUNCIL ACTION: Approved on 12/7/2010
DATER Tuesday, December 07, 2010
LOG NAME 80FAR SOUTHWEST CC AE CONTRACT
S UBJECT:
Authorize the Execution of an Architectural Agreement in the Amount of $316,996.00 with Brinkley Sargent
Architects, Inc , for Design and Construction Administration Services for the Far Southwest Community
Center (COUNCIL DISTRICT 6)
REFERENCE NO.: **C-24630
RECOMMENDATION.
It is recommended that the City Council authorize the City Manager to execute an architectural agreement
in the amount of $316,996.00 with Brinkley Sargent Architects, Inc., for design and construction
administration services for the Far Southwest Community Center.
DISCUSSION:
The purpose of this M&C is to authorize the execution of an architectural agreement in the amount of
$316,996.00 with Brinkley Sargent Architects, Inc., (BSA) for design and construction administration
services for the Far Southwest Community Center.
The 2004 Capital Improvements Program (CIP) allocated $2,500,000.00 for the development of a new
community center in far southwest Fort Worth. In the Fall of 2005, discussions were initiated between the
Parks and Community Services Department (PACS) and Crowley Independent School District (CISD)
regarding the prospect of entering into an agreement by which PACS bond funds and $15,000,000.00 of
CISD bond funds would be leveraged together for the development of a joint use community
center/natatorium facility at the site. Due to the potential for the economy of scale for design and
construction services and because of the opportunity for expanded recreational services, PACS and CISD
agreed to move forward with the development of a joint use facility
O n July 11, 2006, (M&C C-21565) the City Council authorized the City Manager to enter into an Interlocal
Agreement with the CISD to master plan and develop a joint use natatorium/community center facility at
Southwest Community Park.
In January 2007, a consultant selection group comprised of CISD School Board members, CISD staff,
PACS Advisory Board member and PACS staff held interviews and selected BSA to perform conceptual
design and market/financial analysis for the joint use facility.
O n July 24 2007, (M&C C-22270) the City Council authorized the City Manager to execute a professional
services agreement with BSA in the amount of $80,500.00 for Phase I - Market/Financial Analysis Study
and Phase II - Joint Use Facility Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for
a Joint Use Facility at Southwest Community Park.
In October and November 2007, user group interviews and public meetings were held to receive public
input for programming needs of the joint use facility. Through October 2008, market analysis and
conceptual design options were developed and evaluated between the project stakeholders However, in
October 2008, CISD notified PACS of their need to delay funding participation on the project due to
funding constraints, resulting in the overall delay in the project. In May 2009, CISD expressed their
intentions to participate in the project, but that funding would not be available until Summer 2011 or later.
In March 2010, PACS recommended that the City move forward with the community center portion and
instructed BSA to complete the conceptual design to include a site footprint for the future natatorium
should CISD decide to participate in a joint use facility in the future.
In May 2010, a public meeting was held to provide a status update on the project. Additionally in June
2010, PACS recommended that the City apply to the Texas Parks and Wildlife Department (TPWD) for a
$1,000,000.00 Urban Indoor Recreation Grant and the City Council authorized application for the grant on
July 20, 2010 (M&C G-16992). The TPWD Commission will consider applications and make grant awards
in January 2011 If the grant is awarded, facility design will be upgraded contingent on priority needs.
BSA is in compliance with the City' s M/WBE Ordinance by committing to 28 percent M/WBE participation.
The City' s goal for this project is 18 percent.
Contingent on project funding and CISD participation, construction completion of the community center is
anticipated in FY 2013.
The proposed Far Southwest Community Center is located at Far Southwest Community Park which is
located in COUNCIL. DISTRICT 6.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation,
funds will be available in the current capital budget, as appropriated, of the Parks and Recreation
Improvements Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GC05 539120 080050410030 $316,996.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alan's (8180)
Richard Zavala (5704)
Mike Ficke (5746)
ATTACHMENTS
1. Accounting records M&C 80FAR SOUTHWEST CC AE CONTRACT.pdf (CFW Internal)
2. BFT SW Athletic Complex.pdf (CFW Internal)
3. BSA MWBE pdf (CFW Internal)