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HomeMy WebLinkAboutContract 41271 (2)CITY SECRETARY 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 Hahnfeld Hoffer Stanford, Inc. hereinafter called the "Architect", acting herein by and through Eric L. Hahnfeld, AIA, its duly authorized representative, for the purpose of providing Construction Administration services for the construction of the East Multi -Purpose Facility at the Will Rogers Memorial Center in Fort Worth, Texas. 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: Provide Construction Administration services for the construction of the East Multi - Purpose Facility at the Will Rogers Memorial Center 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 1.1.2. Senior Construction Manager: Jack Durham 1.2. Architect 1.2.1. Principal in Charge: David R. Stanford, AIA 1.2.2. Senior Project Manager: Gary A. Ryan, AIA, NCARB 1.2.3. Construction Administrator and Quality Control: Tommy Deeds 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 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. Hahnfeld Hoffer Stanford CA Services (Dec 2010) RECORD WRMC East Multi -Purpose Facility CITY SECRETARY Ft WORTH, TX 4. The Architect shall pay for the printing of Contract Documents required as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined m the Hahnfeld Hoffer Stanford's Email (Gary Ryan), dated October 27, 2010 with attachments, subject: WRMC-MP CA Fee Breakdown, wh.ch is attached hereto as Attachment "A ' and made a part of this Agreement If any conflict arises between the Exhibits and Agreement, the terms of the Agreement shall control. 6. If at any time in the course of the Construction Administration services, 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 the Building Pernuts 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 m 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 $398 450.00, hereinafter referred to as the "total fee," plus up to $8,900.00 in reimbursable expenses. 2. Architect shall be paid during the construction phase of the project as follows: 1.1. Monthly payments for costs incurred for construction administration services. 1.2. Reimbursement of allowable expenses shall have prior approval of the City Allowable expenses include: 1.2.1. Printing Costs 1.2.2. Enhanced CAD drawings. for public and City meetings. 1.2.3. Long distance phone calls 1.2.4. Postage and courier expenses 1.2.5. Other costs with prior approval of the City. SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS.....NOT USED 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 Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 2 of 9 WRMC East Multi -Purpose Facility according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authonzed representative that such work has been performed. 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Project until completion. If City fails to make any payment required herein for services and reimbursable expenses within sixty days after approval of Architect's statement thereof, Architect may, after giving seven days written notice to City, suspend services under this Agreement until Architect has been paid in full all amounts due for services actually performed and reimbursable expenses incurred. SECTION VIII PROCEDURES FOR PROVIDING CONSTRUCTION ADMINISTRATION SERVICES 1. Construction Administration Services: 1.1. The Architect shall assist the City by approving submittals, observing construction procedures and results, reviewmg methods and costs associated with proposed change orders, and resolving construction problems. 1.2. Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all participants and key project personnel. 1.3. 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. 1.4. Architect will review contractor's pay requests. 1.5. Architect will conduct final acceptance and end of warranty inspections. 1.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of ' Record Drawings ' for the City's archives. 1.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. 2. 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 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. Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 3 of 9 WRMC East Multi -Purpose Facility 6. 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. 7. 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. 8. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Projects 9. Administer the construction of the Project. 10. Provide inspection and management services. 11. Provide contractors prepared field drawings to the Architect for review. 12. 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. 13. 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 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 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 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, Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 4 of 9 WRMC East Multi -Purpose Facility surveys, designs, working drawings and specifications and other Engineering 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's approval of only the general design concept of the improvements to be constructed. 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 omission in the performance of the Architect's professional services or in the preparation of designs, working drawings specifications and other documents. 4. The Architect shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring the Architect to indemnify or hold the City or any of its officers agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information provided to Architect by City, or any deviation in construction from Architect's designs, working drawings specifications or other documents. 5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per 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 claim 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 Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 5 of 9 WRMC East Multi -Purpose Facility 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, non -renewal in coverage shall be provided to the City. A ten days notice shall be acceptable m 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 msurance 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. 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" basis and shall be in effect for the duration of this Agreement and maintained 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 prior to cancellation or substantial change in coverage. An annual certificate of insurance submitted to the City shall evidence such insurance 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. 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. Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 6 of 9 WRMC East Multi -Purpose Facility 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 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, m 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 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 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 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. 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 m City contracts. Architect acknowledges the M/WBE goal of 10% 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. Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 7 of 9 WRMC East Multi -Purpose Facility 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 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. 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. REMAINDER OF PAGE IS INTENTIONALLY LEh 1 BLANK Hahnfeld Hoffer Stanford CA Services (Dec 2010) Page 8 of 9 WRMC East Multi -Purpose Facility 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 23-day of HAHNFELD HOFFER ST £ F !j;+ 1 , INC. By: Eric L. Ha , f d, AIA Principal APPROVAL RECOMMENDED: By: Gas William A. V - rkest, PE, '"rector Transportation and Pub is Works Department APPROVED A ' • ORM AND LEGALITY: By: Douglas W. Black Assistant City Attorney APPROVED: By: A.D., 20t0, Fernando Costa Assistant City Manager RECORDED: By: Marty Hendrix City Secretary at OtQOOOOOQ Oa IF ti111 •)34 0 i> 0 M&C C-24664 (December 14,2010)re 0 ©% at 0 � Contract Authorization 0 4 0,4 0 4 V 0 ato ° �. /xi it 4Date: 0 %I c00411,11, AS.(4,4C" icy 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. Hahnfeld Hoffer Stanford CA Services (Dec 2010) WRMC East Multi -Purpose Facility CY'4° Mt RECORD CITY SECRETARY FitWORT _7'x Murayama, Dalton M ita—Mat N4,' From: Gary Ryan [gryan@hahnfeld.com] Sent: Wednesday October 27, 2010 3:19 PM To: Murayama, Dalton Cc: Eric Hahnfeld; Charlotte Swords Subject: RE: WRMC-MP CA Fee Breakdown Attachments: MYD Structural - HUB Certificate.pdf; MYD Structural - NCTRCA Certificate.pdf; MYD Structural - TBPE Certificate.pdf HHS 2010 Standard Billing Rates pdf 10-27-10 WRMC-MP Summary CA Phase Fee.pdf Dalton, We have informed The Projects Group that the City of Fort Worth will not be needing their services on this project. See the attached certificates for MYD Structural Engineers, LLC, in response to your comment below regarding their MWBE status. Your statement below regarding the Hahnfeld Hoffer Stanford multiplier is correct; I.e. 2.65 = 1.00 = Labor with benefits (1.3 times raw labor) plus 1.55 = Overhead plus 0.10 = Profit. Attached, you will find our CA fee summary, which has been updated to remove "The Projects Group" fee. We have adjusted the reimbursable expenses, based on new information and on our telephone conversation earlier this week. Please let me know further adjustments are needed. Also, as requested, attached is our 2010 Standard Billing Rates schedule. Thanks! Gary Gary A. Ryan, AIA, NCARB Senior Project Manager f ahr field Hoffer Stan ford COLLABORATION. INNOVATION. TRANSFORMATION. The information contained in this message, including any files transmitted within or y attachment, is confidential, and may be privileged and protected from disc ender of this message is not the intended recipient, you are hereby notified t'rlat any dissemination, distribution or copying of this communication is strictly prohi have received this comn-iunication in ifror, please notify us immediately by replying to the message and permanently deleting it. From: Murayama, Dalton [mailto:Dalton.Murayama@fortworthgov.org] Sent: Monday, October 25, 2010 4:38 PM To: Gary Ryan Cce Eric Hahnfeld; Durham, Jack; Murayama, Dalton Subject FW: WRMC-MP CA Fee Breakdown sure. If the ou Gary, we reviewed the attached CA fee proposal and scope of work of the various consultants. We reviewed the scope of work of The Projects Group and we (Architectural Services) will do the same scope in more detail. We will not be using the services of The Projects Group for this project. If we need their participation at a later date then we'll do an amendment to your CA agreement. Request you submit a revised CA fee proposal ($398,450.00 plus reimbursable expenses). The M/WBE participation will now be 9.73%. I assume MYD Structural is an M/WBE firm certified by the NCTRCA? 12/13/2010 Based on the document you gave me on October 19, 2010, the Hahnfeld Hoffer Stanford multiplier is 2.65: 1.00 = Labor with benefits (1.3 times raw labor) plus 1.55 = Overhead plus 0.10 = Profit) Thanks, Dalton Dalton Murayama, AIA Architectural Services Manager Facilities Management/Architectural Services Transportation & Public Works Department City of Fort Worth (817) 392-8088 Office (81.7) 392 8488 FAX dalton.murayama(a�fortworthgov.orq From: Gary Ryan [mailto:gryan@hahnfeld.com] Sent: Friday October 08, 2010 10:31 AM To: Murayama, Dalton Cc: Eric Hahnfeld Subject WRMC-MP CA Fee Breakdown «WRMC-MP CA Phase Fee 10-08-10.pdf» Dalton, As requested, attached is our construction administration phase fee breakdown for all disciplines. Please call with any questions or comments. Thanks! Gary Gary A. Ryan, AIA, NCARB Senior Project Manager „'d Honer Star€ 'o 200 Bailey Avenue, Suite 200 Fort Worth, Texas 76107 817-302-0673 d 817-302-0692 f 817-903 5435 c www.hahnfeld.com collaboration. innovation. Transformation. ;formation contained in this message, including any files transmitted within or by attachn;er5t; is confidential, and may be privi eged and protected from disclosure. If the reader of this message is not the intended reciwie t, you ire hereby notified that any dissemination, distribution or copying of this cornrnunk;;tion is str ictiy prohibited. If you have received this communication in error, please notify us immediately by replying to the mess az s and permanently deleting it. 12/13/2010 CA Phase Overall Fee Summary Hahnfeld Hoffer Stanford Project Manager: Gary Ryan Owner: City of Fort Worth Project Description: Will Rogers Memorial Center East Mulit-Purpose Facility Job Number: 07015-01 Date: 10/27/2010 Fee Type: Lump Sum Assumed Notice to Proceed: Assumed Project Finish: Disc pline Architect Structural Engineer MEP/FP Engineers Civil Company Hahnfeld Hoffer Stanford MYD Structural Baird Hampton & Brown Dunaway Fee MWBE % of Total $280,000 $38,750 9.73% $30,000 $49,700 Total $398,450 9.73% Reimbursables Cost *21 sets full-size drawings **7 sets half-size drawings Drill and screw post 13 sets ***26 sets of 2 volumes specs Revisions updates and doc mgmt 8.5 x 11 Copies (5,000) Misc. Plots (100) Misc. Prints (400) Deliveries Total * 2 sets to COFW Arch Services, 1 set to COFW Bldg Department, 15 sets to General Contractor, 1 set to Structural Engineer, 1 set to Kirk Slaughter, 1 set to Chris Harmon ** 1 set to COFW Arch Services, 1 set to Structural Engineer, 1 set to MEP/FP Engineer, 1 set to Civil Engineer, 3 sets to Architect (PM, PA, CA) *** 2 sets to COFW Arch Services, 1 set to COFW Bldg Department, 15 sets to General Contractor, 1 set to Kirk Slaughter, 1 set to Chris Harmon, 1 set to Structural Engineer, 1 set to MEP/FP Engineer, 1 set to Civil Engineer, 3 sets to Architect (PM, PA, CA) $2,892 $1,160 $65 $2,683 $500 $500 $200 $400 $500 $8,900 11/1/2010 8/1/2012 Page 1 of 1 EXHIBIT B 2010 STANDARD BILLING RATES PRINCIPAL $ 190.00 SR PROJECT MANAGER/ARCHITECT $ 158.00 SR PROJECT MANAGER - INTERIORS $ 158.00 PROJECT MANAGER $ 155.00 PROJECT ARCHITECT $ 115.00 PROJECT COORDINATOR $ 83.00 INTERIORS $ 106.00 INTERIORS SPECIALIST $ 82.00 CONSTRUCTION ADMINISTRATORS $ 130.00 Mark-up calculated at 2.65 of labor with burden City of Fort Worth, Texas a or an • ouncil ommunication COUNCIL ACTION: Approved on 12/14/2010 DATED Tuesday, December 14, 2010 LOG NAME' 20WRMCEASTMULTIPURPOSE SUBJECT: REFERENCE NO.: C 24664 Authorize a Construction Contract in the Amount of $15,443,305.00 with Rogers O'Brien Construction Company, Ltd, Authorize a Construction Administration Services Agreement in the Amount of $398,450.00 Plus Up to $8,900 00 in Reimbursable Expenses with Hahnfeld Hoffer Stanford Inc , and Authorize a Materials Testing Agreement in the Amount of $120,068.00 with CMJ Engineering, Inc., to Construct the East Equestrian Facility at the Will Rogers Memorial Center (COUNCIL DISTRICT 7) RECOMMENDATION. It is recommended that the City Council: 1. Execute a construction contract in the amount of $15,443,305.00 with Rogers -O'Brien Construction Company, Ltd. to construct the East Equestrian Facility at Will Rogers Memorial Center; 2. Execute a construction administration services agreement in the amount of $398,450.00 plus up to $8,900.00 in reimbursable expenses with Hahnfeld Hoffer Stanford, Inc. to construct the East Equestrian Facility at WRMC; and 3. Execute a geotechnical materials testing agreement in the amount of $120,068.00 with CMJ Engineering, Inc. to construct the East Equestrian Facility at WRMC. DISCUSSION: On June 22, 2010, (M&C G-16967) the City Council adopted an ordinance providing for the issuance of City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2010 in an aggregate principal amount not to exceed $34,685,000 00, establishing parameters regarding the sale of the Certificates of Obligation (CO); approving the execution of a Purchase Agreement and ordaining other matters relating to the subject East Equestrian Facility at WRMC On October 12, 2010, (M&C C-24538) the City Council adopted an ordinance increasing the estimated receipts and appropriations in the Public Events Capital Projects Fund in the amount of $33,785,120.26 and in the Convention Center Debt Service Fund in the amount of $1,045,089.78, from the sale of the Combination Tax and Revenue Certificates of Obligation, Series 2010, and accrued interest, for the Will Rogers Improvements and authorized the City Manager to execute a design procurement agreement in an amount up to $1,350,000.00 with Event Facilities Fort Worth, Inc. The Request for Competitive Sealed Proposals was advertised in the Fort Worth Star -Telegram on August 12, 2010 and 19, 2010. Fifteen firms submitted proposals and one subsequently withdrew its proposal. Ten firms submitted the required Post Bid -Pre Award documents The following 10 proposals were received (base proposal with Add Alternates Nos. 1, 2, 3 and 5 and an allowance for use by the City only: Rogers -O'Brien Construction Company, Ltd. $15,376,510.00 Bartlett Cocke, LP $15,543,439.00 Sedalco, Inc. $15,923,670.00 AUI Contractors, LLC $15,997,914.00 EMJ Corporation $16,002,100.00 Lee Lewis Construction, Inc. $16,118,700.00 Thos. S. Byrne, Ltd. $16,290,627.00 Crossland Construction Company, Inc. $16,368,000.00 Linbeck Group LLC $17,632,239.00 Austin Commercial, LP $18,169,000.00 Based on a weighted matrix including price, schedule, M/WBE participation, reputation, and experience, Rogers -O'Brien Construction Company, Ltd., was determined to offer the best value for the City. The overall project cost for the parking garage is expected to be: Design $ 1,350,000.00 Construction Administration Services $ 407,350.00 Construction $15,443,305.00 FF&E $ 3,175,700.00 Utilities, Geotech, ITS, Contingency, Staff $13,408,765 26 Total $33,785,120 26 The construction contract amount of $15,443,305.00 is based on the base proposal, add alternates, Post Bid -Pre Award revisions, and a three percent allowance for use by the City only. Rogers -O'Brien Construction Company, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 45 percent M/WBE participation on the TPW base bid plus identified alternates. The City's goal on this base bid contract is 20 percent. Hahnfeld Hoffer Stanford, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's goal for this project is 10 percent. CMJ Engineering, Inc:, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal for this project is 15 percent. The project is physically located in COUNCIL DISTRICT 7 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Public Events Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1)C234 541200 247060162780 2) C234 531200 247060162730 3) C234 531060 247060162780 Fernando Costa (6122) William Verkest (7801) Dalton Murayama (8088) $15,443, 305.00 $407 350.00 $120 068.00 ATTACHMENTS 1. CMJ MWBE compliance.pdf (CFW Internal) 2. HHS MWBE compliance.pdf (CFW Internal) 3. Rogers O'Brien MWBE compliance.pdf (CFW Internal) 4. WRMC East Multipurpose Facility.pdf (Public) EAST EQUESTRIAN FACILITY FORT WORTH