HomeMy WebLinkAboutContract 30146 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 County, Texas,hereinafter called the "City", acting herein by and
through Marc Ott, its duly authorized Assistant City Manager, and Stanley, Love-Stanley, P.C., hereinafter
called the "Consultant", for the purpose of providing market analysis,master site planning, and preliminary
facility programming services for the City's Evans and Rosedale Village Renewal Project.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and
Consultant do hereby covenant and agree as follows:
SECTION I SERVICES OF THE CONSULTANT
1.1 The City hereby contracts with Consultant as an independent contractor, and the Consultant hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
1.1.1 Market analysis for the Evans and Rosedale area.
1,1.2 Master site plan development for the 15 acre Evans and Rosedale Village
1.1.3 Preliminary programming for the public facilities to be constructed on the site
1.2 The Scope of Services is further detailed in Attachment 1
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Nancy Richardson.
1.1.2. Lead for the Market Analysis phase: Robert Sturns
1.1.3. Lead for the Master Planning phase: Patrina Newton
1.1.4. Lead for the design of the public facilities: Nancy Richardson
1.2. Consultant
1.2.1.Principal in Charge: William J. Stanley,II,FAIA(Stanley,Love-Stanley,P.C.)
1.2.2. Project Manager: Ivenue Love-Stanley,FAIA(Stanley,Love-Stanley, P.C.)
1.2.3. Partner in Charge for Master Planning Phase: Ray Strychalski, (EDAW)
1.2.4. Lead Urban Designer for Master Planning Phase: Susan Shoemaker(EDAW)
1.2.5.Project Planner for Master Planning Phase: Fredalyn Fraizier(EDAW)
1.2.6.Project Urban Designer for Master Planning Phase: Cem Celik(EDAW)
1.2.7.Project Coordinator: Howard J. Spiller(HJS and Associates)
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF CONSULTANT'S SERVICES
1. Consultant shall consult with the City to clarify and define City's requirements relative to the
assignments and review available data.
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2. Consultant agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Consultant shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Assignment at City's cost and expense (which
services and data Consultant is not to provide hereunder but on which Consultant may rely in
performing services hereunder), and act as City's representative in connection with any such services of
others.
4. The Consultant shall pay for the printing of documents required for submittals and presentations as a
part of the reimbursable allowance.
5. The Consultant shall perform the market analysis and master site plan services as outlined in letter
dated April 05, 2004 and Attachment 1, Scope of Services,both which are attached to and made a part
of this Agreement.
SECTION IV SPECIAL SERVICES OF CONSULTANT
1. If authorized in writing by City, Consultant shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not included as part of the Basic Services
outlined in SECTION I - SERVICES OF THE CONSULTANT and the Consultant's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO CONSULTANT
1. The total compensation for all of the assignments to be performed by Consultant as described in
CHARACTER AND EXTENT of CONSULTANT'S SERVICES hereof shall be $219,100 hereinafter
referred to as the"total fee",plus up to$59,200 in reimbursable expenses.
1 Consultant shall be paid the following percentages of the total fee at the following stages of the project:
1.1 Market Analyses 25%
1.2 Master Site Plan 60%
13 Facility Programming 15%
1.4 Reimbursement of allowable expenses shall not exceed $59,200 and shall be payable monthly as
allowable expenses are incurred. Allowable expenses include,but are not necessarily limited to:
1.4.1 Printing Costs
1.4.2 Enhanced CAD drawings for public and City meetings.
1.4.3 Out of state travel expenses
1.4.4 Long distance phone calls
1.4.5 Postage and courier expenses
Reimbursement of other expenses not listed herein are subject to the written approval of the City.
SECTION VI METHOD OF PAYMENT
1. The Consultant shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Consultant, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Consultant. Payment
according to statements will be subject to certification by the Director, 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 Assignment until completion. If City fails to make any payment required herein for
services and reimbursables within sixty days after approval of Consultant's statement thereof,
Consultant may, after giving seven days written notice to City, suspend services ILL
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until Consultant has been paid in full all amounts due for services actually performed and
reimbursables incurred.
SECTION VII SUBSEQUENT AGREEMENT FOR ARCHITECTURAL SERVICES
1. Subject to the approval of the City Council of the City of Fort Worth, the City may amend this
agreement with Consultant to include programming, design, and construction phase services for a
$7,000,000, approximately 43,000 sf, Public Health Headquarters and Branch Library complex. Included
in the budget and square footage given above is the adaptive re-use of the 3,000 square foot Tommy
Tucker building. Providing that the amendment is approved by the City Council within 60 days of the
approval of this agreement the lump sum fee for architectural design services, as described in Attachment 1
shall be $620,078 with reimbursable expenses not to exceed $84,422. If an amendment is not approved
within 60 days, the fee will be subject to negotiation and approval by the City Council. This Section VII
shall not obligate the City to award any additional work to Consultant.
SECTION VIII 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 Assignment.
2. Assist Consultant in obtaining existing studies, reports and other available data and services of others
pertinent to the Assignment and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Consultant to enter upon
public and private property as may be required for Consultant to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to Consultant'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 Consultant in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Consultant, obtain advice of an attorney, insurance counselor and other Consultants 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 Consultant.
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
Consultant, 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 Assignment.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract, and execute the contracts.
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12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors marked up field drawings to the Consultant for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Consultant. This includes
fees charged by Oncor for new or revised service.
16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this Section.
SECTION IX TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Consultant. Upon receipt of such notice,the Consultant shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Consultant
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Consultant shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Consultant
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Article V,Paragraph 2.
3. Upon early termination or conclusion of this Agreement, the Consultant 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 Consultant shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION X 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 Consultant, 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
Consultant, 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 Consultant 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 Consultant 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
Consultant's professional services or in the preparation of designs, working dr a ti ns
and other documents. k'0 A �n
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4. The Consultant shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Consultant to indemnify or hold the City or any of its officers, agents,
servants or employees harmless from any loss, damages, liability or expense, on account of damage to
property or injuries to person caused by defects or deficiencies in design criteria and information
provided to Consultant by City, or any deviation in construction from Consultant's designs, working
drawings, specifications or other documents.
5. Without limiting the above indemnity, Consultant shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate 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. Consultant shall ftimish 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 Consultant's insurance policies. N
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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 Consultants 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 Consultant's
insurance policies including endorsements thereto and, at the City's discretion,the Consultant may be
required to provide proof of insurance premium payments.
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 Consultant's issuance of the Certificate of
Substantial Completion. The Consultant'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
Consultant. 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 Consultant as an additional insured on its
general liability insurance.
SECTION XI HAZARDOUS MATERIALS
1. City acknowledges Consultant will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Consultant 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
Consultant 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 Consultant's negligence or if Consultant brings such
hazardous substance,contaminant or asbestos onto the project.
SECTION XII RIGHT TO AUDIT
1. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under
this Agreement, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Consultant involving transactions relating to this Agreement. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. The City shall give Consultant reasonable advance notice of
intended audits.
2. Consultant further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall, until the expiration of three (3)years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books
T. FORN
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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.
3. Consultant and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Consultant and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIII SUCCESSORS AND ASSIGNS
1. The City and the Consultant each bind themselves, their successors and assigns, to the other party to
this Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XIV 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 XV INDEPENDENT CONSULTANT
1. Consultant shall perforin all work and services hereunder as an independent Consultant, and not as an
officer, agent, servant or employee of the City. Consultant shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Consultant.
SECTION XVI OBSERVE AND COMPLY
1. Consultant 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. Consultant 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 XVII 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.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the nonnal 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 parry beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
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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 Consultant has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THISJ�day of 1mnt A.D.,2004
By: Ivenue Love-Stanley/INL�"�2T uc.`,11 APPROVED:
Principal's Name/Signature
Stanley, Love-Stanley P.C.
Consultant's name
l
President /
Office(President or Vice-President) By:
Assist t anager
APPROVAL RECOMMENDED: :RECORDED: J
�1.By: � By:
Transportation and Public Works (,r City cretary
APPROVED AS TO FORM AND LEGALITY:
By: Date: 7__+'
54-E30,
Assistant Ci Attorney
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 Consultants'Registration Law,Texas Civil Statutes,Article 249a.
Contract AU+-hOri7atiOR
Date
Page 1S U, °JU�1Uftl� 11560
ATTACHMENT 1
SCOPE OF WORK
EVANS & ROSEDALE VILLAGE RENEWAL PROJECT
1. Market Analvsis
Task: Develop Market Strategy for Project Area
Subtask 1: Analysis of Market, Physical, Financial and Regulatory Barriers
Review market indicators (economic and demographic) and conditions which impact
demand for land uses;
Analyze physical factors which will impact the marketability of the project area; and
Identify financial/economic trends that impact the delivery of real estate opportunities
to the project area.
Subtask 2: Trade Area Identification
Determine the trade area for the project site considering impacts from:
Physical barriers, such as highways, major arterials, etc.;
Location of possible competition, both within and outside the market area;
Proximity to population and/or employment concentrations (day and nighttime);
Zoning, public works capacity and other hurdles potentially applicable to the project;
and
Market factors that will set sale and lease prices for development.
Subtask 3: Historical and Projected Demographic and Market Data
Review the following market indicators:
Population projections by age and income;
Household projections by household size;
Median household income relative to housing affordability;
Per capita income levels;
Consumer spending patterns;
Lifestyle data(p sycho graphics);
Employment by industry classification; and
Market characteristics—sale, lease and absorption rates.
Subtask 4: Market Demand Analysis
Analyze specific factors which will impact future demand for development
opportunities among various uses and products;
Consider the area's competitive position and ability to capture market: ark
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Identify opportunities for the project, including theme, potential market segment(s),
trade area draw, future demand, and level of competition;
Estimate market share based on competitive supply; and
Forecast the demand for proposed uses in the trade area over the next 5 to 10 years.
Subtask S: Comparable Projects
Identification and analysis of similar successful models throughout the country;
Types of retailers, that were attracted to these projects; and
Determine process to attract and/or integrate minority-owned franchisees to project.
Subtask 6: Development Economics
Hard and soft costs associated with development of the project;
Operating revenues and costs;
Supportable land price and absorption; and
Rate of return to both public and private sectors.
Work Products
Oral communications in conference and during the study process, to convey issues
and recommendations which develop from the research;
Two (2)work sessions with project representatives;
Executive Summary of key results, to include an effective market strategy and ways
to alleviate barriers; and
One (1) copy of the marketing study.
B. Master Plan
Task I: Participate as appropriate in the market analysis
Subtask l: Coordinate with the market analyst to stay involved in the market analysis
work as needed to gain full benefit from that process and ensure that the master plan
fidly incorporates/accommodates the conclusions of that process.
Task II: Document review (should be conducted concurrent with Task I)
Subtask I: Review the 2000 Vision Plan for Heritage Center(now known as Evans
and Rosedale Village),pertinent sections of the 2002 Central City Commercial
Corridor Revitalization Strategy, and other documents provided by the City.
Task III: Develop Alternative Site Plans
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Subtask I: Based on the information gleaned from Tasks I and II,prepare two
alternative site plans for discussion at a community workshop. The site plans shall be
conceptual in nature and shall depict:
- The proposed public facilities (Health Department offices, Library, and
rehabilitated Tommy Tucker building)
- Potential retail, office, residential, and mixed uses
- Existing structures to remain on site and their relationship to the Ppublic and
new private facilities.
- The relationship of all of the above to the public plaza, streets, and other public
spaces.
Task IV: Develop and present draft plan
Subtask I: Develop and present a draft presentation that includes:
- A detailed site plan
- Cost estimates for proposed public improvements (parking, infrastructure, etc...)
- Urban design guidelines for new development and redevelopment.
Task V: Deliver final plan
Subtask I: Provide copies of all products in hard copy and electronic forms (PDF and
other commonly used software for site plans) to include two board mounted copies of
the site plan of suitable size and quality for display and use in presentations.
C. Design and Construction of Public Facilities
1. Programming Phase (Appropriate parts of these tasks will be completed in
conjunction with the Market Analysis and Master Site Planning work):
1.1. The Consultant shall visit the site and make himself familiar with the scope of the
assignment
1.2. Prepare alternative floor and site plans, Architectural concepts and principal
equipment and finish plans and area-based cost estimates.
1.3. Consultant shall not proceed to the Design Phase until the City has approved in
writing the Program Design Manual.
2. Design Phase:
2.1. The Consultant shall perform all services necessary to survey, plat, prepare and
vacate easements and any other property issues necessary to complete the design
and secure a construction permit.
2.2. The design shall include all site work, design and coordination of utilities,
landscaping and facility design required for a complete and functional project.
2.3. The Consultant shall prepare presentation graphics using plans necessary for the
design and attend two public meetings during the design of the project.
2.4. Consultant shall prepare the design in stages as follows:
.4.
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2.4.1. Design Development Phase: Preparation of Architectural and MEP floor
plans, principal elevations, civil and utility site plans, cartoon set, selection
of principal equipment and finishes, and discipline-based cost estimates.
Upon written approval of this phase of the work, Consultant may proceed to
the Construction Document Phase.
2.4.2. Construction Document Phase: Preparation of details, mechanical,
electrical, and plumbing plans, finishes schedules, detailed technical
specifications, and detailed cost estimates.
2.5. Format of Drawings
2.5.1. Drawings at all stages of design will have the following characteristics:
Scale for floor plans will be 1/8" or such other scale as may be agreed to in
writing for all disciplines, elevations will be at same scale as floor plans,
area plans will have same scale for all disciplines, and site plans for all
disciplines will be at same scale.
2.5.2. Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints.
Fonts shall be legible at half-size.
2.6. Consultant, 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 Barriers Act, State of Texas, City of Fort Worth Building
Codes and the Americans with Disabilities Accessibility Guidelines for Buildings
and Facilities.
2.6.1. The Consultant 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 Consultant's designs and is subsequently detennined to
be in non-conformance with the above Act, Codes or Guidelines.
2.6.2. The City will bear the construction costs associated with enhancements.
The Consultant will reimburse the City for costs to replace or rework
features that were constructed in accordance with the design but fail to meet
accessibility requirements or building codes.
2.7. The Consultant shall include procedures for mitigating environmental impact, use
of recycled building materials, sustainable construction, in the design of the
proj ect.
2.8. The Consultant shall submit estimates of probable construction cost for each
stage of design to the City.
2.9. The City shall acknowledge the probable construction costs and scope in writing
at each stage of design.
2.10. Upon written approval of the final design, the Consultant shall make
whatever final changes are necessary and submit the drawing � � rti
specifications to the City for use in bidding.
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2.11. The Consultant shall provide electronic files in PDF or DWF format for
posting to the Internet.
3. Bidding:
3.1. The Consultant shall respond to Contractors inquiries, prepare necessary
addenda, and conduct the Prebid Conference.
3.2. The Consultant shall coordinate printing of documents for bidding.
3.3. Following bidding, the Consultant 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 Consultant 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. Consultant 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 Consultant shall conduct and document the
final inspection and assist the City on the resolution of constriction or design
deficiencies.
4.4. Consultant will review contractor's pay requests.
4.5. Consultant will conduct final acceptance and end of warranty inspections.
4.6. The Consultant shall review Contractor's marked up field drawings and prepare
"Record Drawings" on bond and DWF/PDF files for the City's archives.
4.7. Consultant 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
Consultant, 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 Consultant 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
r- Formal Meetings Anticipated
* Market analysis phase
- Initial meeting
- Presentation of draft report
- Presentation of final report (may not be necessary if only minor changes
to the draft are needed) �� r
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* Master planning phase
- Community workshop
- Presentation of draft report to community
-Presentation of final report to community(may not be necessary if only
minor changes to the draft are needed)
- Presentation of final report to City Council
* Design phase
- Design charrette
-Programming workshop
- Presentation of schematic design
- Presentation of design documents
- Presentation of construction documents
* Construction phase
-Pre-bid conference
- Pre-construction conference
Notes:
1) These are only the formal meetings. The consultant will, at no
additional cost to the City, be expected to be appropriately represented at
other, less formal/impromptu meetings such as are common in
planning/design/construction projects (e.g. periodic meetings to address
issues arising at various stages).
2) Unscheduled formal meetings requiring consultant representation will
be reimbursed at an agreed upon rate stipulated in the consultant
agreement.
3) The consultant will be expected to work with the City to balance the
need for the presence/participation of appropriate members of the
consultant team at each formal meeting with the need to keep consultant
fees within the budgeted amount.
F. Desired Schedule
This project is very schedule sensitive and the consultant will be asked to work closely
with City staff to develop the most expeditious schedule possible. The
information below reflects our initial expectations regarding the schedule
as a starting point for discussions and agreement on the optimum schedule.
* Market analysis—complete within 45 calendar days from Notice to Proceed.
* Master site plan—complete all final documents within 21 calendar days from
completion of the market analysis phase. The majority of the document
review and preliminary alternative site plans should be completed during
the market analysis phase so that the draft alternative site plans can be
assembled very quickly following the completion of the market analysis.
* Facility design—complete within 180 calendar days from the start of programming.
Programming should begin as soon as possible relative to the progress �a
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6�.
the preceding phases, preferably sometime during the master site plan
phase.
nis
Page 15 '
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/15/2004 - Ordinance No. 16007
DATE: Tuesday, June 15, 2004
LOG NAME: 20STANLEY REFERENCE NO.: **C-20114
SUBJECT:
Appropriation Ordinance and Acceptance of Grant from Fort Worth Local Development Corporation
and Authorization of Consultant Agreement for the Evans and Rosedale Business and Cultural
District Redevelopment Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a grant agreement accepting the amount of $300,000 from the
Fort Worth Development Corporation (LDC) for the completion of a market analysis and master site plan for
the Evans and Rosedale project area, and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $300,000 from available funds, and
3. Authorize a consultant agreement with Stanley Love-Stanley, P.C. (SLS) for market analysis, master
site planning, and initial programming services related to the Evans and Rosedale Business and Cultural
District in the amount of$290,000.
DISCUSSION:
On January 29, 2004, a Request for Qualifications was issued soliciting consultant firms to develop a
master site plan for the 15-acre Evans and Rosedale Business and Cultural District and architectural design
services for the construction of a new $7,000,000/43,000-square-foot Public Health Center/Branch library
complex on the site. The new Public Health Center building will be a replacement for the existing building
on University Drive and Harley Avenue. The branch library will be a replacement for the existing Shamblee
Library at 959 E. Rosedale Street, which is co-located with the Southside Community Center. The new
complex will include an adaptive re-use of the 4,000 square foot historic Tommy Tucker Building.
The consultant selection team included both City Staff and community leaders. The selection process
culminated on March 31, 2004, with the identification of the SLS team as the top-ranked
candidate. Subsequently, it was decided to ask the SLS team to include market analysis services in their
scope of work. The original plan was to obtain a market analysis via a separate consultant agreement and
on February 10, 2004, the LDC authorized a grant of $67,500 for those services. Due to the close
relationship between the market analysis and the master site plan it was later determined that it would be
advantageous to fold these services into the master plan/architectural design consultant agreement.
Fee negotiations for the full scope of work (including the market analysis) resulted in an overall, not to
exceed fee agreement of$1,004,500 broken down as follows:
. Phase I (market analysis, master site plan, and preliminary programming): $300,000
. Phase II (final programming and full architectural design): $704,500
Logname: 20STANLEY Page 1 of 2
The fee breakdown above includes $12,250 in phase I and $9,450 in phase II for a separate agreement
with an architectural/planning consultant that was employed with SLS at the time they were selected for the
project but subsequently took a position with another firm. The fees for that agreement were negotiated in
conjunction with the overall project but it is necessary to execute a stand-alone agreement with that firm
(StudioRotan) due to the terms of the employment agreement of the consultant involved. Since the total fee
amount for that agreement is less than $25,000 no M&C is required prior to executing that agreement.
Phase I of the agreement with SLS will include the market analysis, master site plan, and the initial
programming work that is part of the architectural design process. On June 15, 2004, the LDC authorized
an allocation not to exceed $232,500 (to supplement the $67,500 previously approved) for market analysis
and master site planning services.
Staff anticipates returning to City Council to obtain approval of an amendment to this agreement for the
remainder of the architectural design services. The funds for that phase will come from the Section 108
funds designated for this project. The Section 108 Loan Agreement with HUD is being amended and
approval is pending with HUD in Washington. Phase II of the agreement will be conditioned upon final
approval of the Section 108 Amendment, which is anticipated to occur by the end of July, 2004.
This project is located in Council District 8.
FISCAL INFORMATIONMERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
(2)GR76 472106 020440947000 $300.000.00 R106 538070 013106003000 $300,000.00
(2)GR76 (VARIOUS) 020440947010 $300,000.00
Submitted for City Manager's Office b Joe Paniagua (6191)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Greg Simmons (7862)
Logname: 20STANLEY Page 2 of 2