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HomeMy WebLinkAboutContract 16410 CITY SECRETARY STATE OF TEXAS § CONTRACT „Q1Z-2_ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City of Fort Worth, a municipal corporation situated in Tarrant County, Texas, acting herein by and through Douglas Harman, its duly authorized City Manager, hereinafter called "CITY" , and Youngblood Architects, Inc. , acting herein by and through Harvey Youngblood, its duly authorized President, hereinafter called "ARCHITECT" , hereby make and enter into the following agreement: ARTICLE I Professional Services of Architect 1 . 1 GENERAL 1 . 1 . 1 The City hereby contracts for the professional services of the Architect , and the Architect agrees to perform diligently the necessary professional services hereinafter set forth in connection with the design , construction and site improvements of The Forest Park Zoo Cat & Bears Exhibit, City of Fort Worth, hereinafter called "PROJECT. " 1 . 1 .2 The City has budgeted the sum of $1, 500,000 for construction of this project, exclusive of Architect ' s fee. The Architect will endeavor to produce plans and specifications meeting the City ' s requirements within the budgeted amount . 1 . 1 . 3 The Architect ' s basic services shall consist of five phases hereinafter set forth below and shall include, but not be limited to, civil, structural, mechanical and electrical engineering service. 1 . 2 SCHEMATIC DESIGN PHASE 1. 2 . 1 The Architect shall consult with the City to refine and adjust as necessary the requirements of the Project and shall conform the schematic design to such requirements . 1 . 2 . 2 The Architect shall prepare Schematic Design Studies consisting of drawings and all other necessary documents illustrating the scale and relationship of Project components for the consideration and approval by the City. 1 . 2.3 The Architect shall submit to the City a Statement of Probable Construction Cost based on current area, volume or other unit cost. -1- 1 . 3 DESIGN DEVELOPMENT PHASE 1 . 3. 1 The Architect shall prepare from the approved Schematic Design Studies, for approval by the City, the Design Development Documents consisting of drawings and other documents for the purpose of fixing and describing the size and character of the entire Project with respect to all systems, materials and such other essentials as may be necessary and appropriate . 1 . 3. 2 The Architect shall prepare the Project design concept to comply with the "American Specification for Making Buildings and Facilities Accessible and Usable by the Physically Handicapped, " Number A-117 .1-1961, as amended (41 CFR 101-17 .703) . 1 . 3 . 3 The Architect shall prepare from the approved Design Development Documents, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire project, including the necessary bidding information and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the City and the Contractor. 1 .4. 2 The Architect shall submit to the City a revised Statement of Probable Construction Cost . 1 .4. 3 The Architect shall obtain approval of all the plans, specifications, proposals, bonds and other contract documents in writing by the City of Fort Worth prior to advertising for bids. The Architect shall file nine (9) complete sets of plans and specifications and nine (9) separate sets of site plans with the City for inspection prior to advertising for bids for construction of the Project . All contract documents shall comply with applicable State and Federal laws, ordinances and regulations of the City and with applicable rules and regula- tions promulgated by local, state and national boards, bureaus and agencies. 1 .4.4 Approval by the City shall not constitute nor be deemed to be a release of the responsibility and liability of the Architect, its agents, employees and subcontractors, for the accuracy and competency of their designs, working drawings and specifications or other engineering or architectural documents , nor shall such approval be deemed to be an assumption of such responsibility and liability by the City for any defect in the designs, working drawings and specifications or other engineer- ing or architectural documents prepared by the Architect, its agents, employees or subcontractors 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 of its officers, agents, servants and employees harmless from any loss, damage, liability or expense on account of damage or destruction -2- to property and injuries , including death, to all persons, including employees of the Architect or subcontractors and of all other persons performing any part of the work, which may directly arise from or be connected with any act of negligence on the part of the Architect or any breach of any of its obliga- tions under this Contract, and shall defend at its own expense any suits or other proceedings brought against the City and its officers, agents, servants and employees, or any of the, on account thereof, and pay all expenses and satisfy all judgments which may be incurred by or rendered against them, or any of them, in connection therewith; 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 pro- perty or injuries, including death, to any person, which may arise out of or be caused by any deviation in construction from the Architect ' s designs, working drawings, specifications or other engineering or architectural documents or which may arise out of or be caused by any act of negligence or breach of obli- gation under this Contract by the City or any of its officers, agents, servants, or employees, or which may arise out of or be caused by any act of negligence or breach of Contract obligation by any construction contractor or consultants contracted by the City in connection with the project. Compliance with the pro- visions hereof will be required of other firms providing professional and sub-professional services and of all subcon- tractors. 1.4. 5 The Architect shall furnish up to 30 sets of plans, specifications and contract documents at its own expense for use in the receipt of bids and for construction of the Project . Plan requirements exceeding those numbers shall either be reimbursed to the Architect, at standard commercial rates, under the pro- visions of Articles 1 .8 and 3 .3 or shall be reimbursed directly to the printer by the City. 1 . 5 BIDDING PHASE 1 . 5 . 1 The Architect, following the City 's approval of both the Construction Documents and the latest revised Statement of Probable Construction Cost, shall assist the City in obtaining bids and in awarding and preparing the construction contract. The Architect shall, where possible, provide for additive or deductive alternates in the bid documents so as to afford the City maximum flexibility to make an award within budget. In the event that the lowest bonafide bid exceeds the last approved estimated cost for the construction of the Project, after due consideration of additive/deductive alternates, the Architect shall, at its own expense, at the written direction of the City, make any necessary revisions in the plans and specifications to reduce the cost of the Project in such manner as not to exceed the last approved estimated cost . -3- 1 .6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1 . 6. 1 The Construction Phase will commence with the award of the Construction Contract and will terminate when the last general warranty on building construction has expired. 1 .6. 2 The Architect shall provide Administration of the Project Construction Contract. 1 . 6. 3 The Architect shall visit the site at intervals appro- priate to the stage of construction, or as otherwise agreed by the Architect in writing, shall inspect construction and shall, in a consulting capacity, report to the City is recommendations and suggestions relative to safeguarding the City against defects and deficiencies in materials used in construction and performance of the work by the Contractor . While the Architect shall not be required to make continuous, exhaustive inspec- tions, it shall provide at its own expense sufficient, competent inspection to determine if the construction is being accomplish- ed in satisfactory conformance with the Contract Documents . Inspection as used in this contract shall mean those on-site services customarily provided by an Architect and performed in accordance with a reasonable standard of care during the con- struction phase of a project to determine if the Contractor is fulfilling the requirements of the Contract Documents. 1 .6.4 The Architect shall not be responsible for Construc- tion means, methods, techniques, sequences or procedures, or for safety precautions and programs, and he shall not be responsible for the Contractor ' s failure to carry out the work for this part of the Project in accordance with the Contract Documents . How- ever, the Architect is responsible for reporting in a timely manner, to both the Contractor and the City, any deficiencies which he observes . 1 .6 . 5 The Architect, during the Construction Phase, shall advise and consult with the City. All of the City ' s instruc- tions to the Contractor shall be issued through the Architect . The Architect shall provide the City current copies of the Construction Contractor ' s Schedule for completion of the Project . 1 .6.6 The Architect shall make recommendations monthly con- cerning the amount owing to the Contractor and shall present Certificates for Payment to the City. 1 . 6. 7 The Architect shall have authority to reject work which does not conform to the Contract Documents . If the Architect becomes aware of non-conformance to the Contract Documents it shall also have the responsibility to recommend to the City that the City direct the Constructor to stop the work when necessary to determine what corrective measures are necessary to allow conformance with the Construction Documents. -4- This obligation to advise the City to stop the work shall not extend to be responsible for Construction means, methods, tech- niques , sequences or procedures , or for safety precautions and programs, and he shall not be responsible for the Contractor ' s failure to carry out the City ' s order to stop the work or for failure to carry out the work in accordance with the Contract Documents. 1. 6.8 The Architect shall review and approve shop drawings , samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1 .6.9 The Architect shall prepare Change Orders, after review and approval by the City. 1. 6. 10 The Architect shall conduct inspection to support its recommendations as to the Dates of Substantial Completion and Final Completion, shall receive written guarantees and related documents assembled by the Contractor and shall present a final Certificate for Payment to the City. 1 .6 .11 The Architect shall forward to the City all keys, written warranties and related documents assembled by the Contractors. 1. 6. 12 The Architect shall provide the City a set of repro- ducible record drawings for the project which will remain the property of the City and which will show significant changes in work made during construction based on marked-up prints, drawings, and other data gathered with the assistance of the Contractor. 1 .6 . 13 The Architect ' s services following the City ' s acceptance of the completed work, but prior to expiration of the last general warranty on building construction shall be limited to assisting the City interpreting plans and contract documents relative to the enforcement of general warranty provisions and to scheduling and conducting, jointly with the City, necessary visits just prior to expiration of general building warranties to assist in verification that items covered by the general war- ranties are in satisfactory condition and functioning properly. 1 . 7 TIME 1 . 7.1 The Architect shall perform the preceeding services as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Upon request of the City, the Architect shall submit for the City ' s approval a sche- dule for the performance of the Architect ' s services which shall be adjusted as required as the Project proceeds, and which shall include allowances for periods of time required for the City 's review and approval of submissions and for approvals of authori- ties having jurisdiction over the Project . The schedule shall -5- be in the form of a CPM/PERT chart and shall show significant milestones. At any time the Architect falls behind schedule, a new schedule will be prepared for approval by the City. All progress payments will be suspended during periods when there is not a current, valid schedule approved by the City. 1. 8 CHANGES 1 . 8. 1 Except as provided in Article 1 . 5 .1 above, should the City at any time change the scope of the project or require sub- stantial revision of plans and/or specifications after approval in any Phase submittal, the Architect agrees to make the neces- sary adjustments , additions or revisions, and the City will pay the Architect therefore under the provisions of Article III and revise the time schedule commensurate with the change. Revisions under this paragraph shall only be made upon receipt of written directions from the City. 1.8. 2 For purposes of interpreting this article, a change in scope is herein defined as a significant change in one or more of the following: a. The functions/activities to be supported by the facility and/or the attendant overall dimensions required by those functions . b. The overall project budget; and/or, c. The date for substantial completion of the facility. 1 . 8. 3 Minor adjustment of space between functions, overall space provided or delays in the project brought about through no fault of the City are not considered changes in scope. 1 . 9 CONSULTANTS 1 .9. 1 The Architect shall furnish the City a list of consul- tants that it intends to utilize on the project and shall pro- vide written representation that it has valid written agreements with those consultants. Any subsequent changes in the list of consultants shall be subject to the approval of the City. 1 . 9. 2 The Architect acknowledges his commitment to meet the City of Fort Worth ' s goals for minority and women-owned business enterprise (MBE/WBE) participation in City contracts, as speci- fied in his proposal. MBE and WBE participation was part of the evaluation criteria used in the award of this contract, there- fore, failure to comply may result in a bidder being classified as an irresponsible consultant and being barred from City work for a period of not less than six months. The Architect agrees to furnish documentation of MBE and WBE participation such as cancelled checks, etc. or such evidence as may be deemed proper by the City of Fort Worth. -6- ARTICLE II City Responsibilities 2. 1 The City will furnish the Architect the best available prints and other information under its control showing the loca- tions and topography of the proposed site, including location of utilities. 2 .2 The City shall provide necessary field survey data based upon requirements provided by the Architect. 2. 3 The City shall furnish subsurface soil tests and reports necessary for design, as specified by the Architect . 2 .4 The City shall furnish necessary construction materials tests, as specified by the Architect. 2. 5 The City will endeavor to render expeditious reviews and approvals. Should the City' s actions exceed the time allocated in the approved schedule, or otherwise delay A-E services, the Architect ' s performance time will be adjusted accordingly. ARTICLE III Description and Payment of Fees 3 . 1 The City agrees to pay the Architect for services defined above, including all reproduction and incidental expenses such as travel and telephone charges, a basic fee $222, 200, for Project design and construction inspection services . The total fee for all services contemplated under this contract shall be equal to but not exceed $222, 200 except as herein stated. 3 . 2 The Architect ' s fees shall be payable on a monthly basis and determined by the extent of professional services completed during the month. The cumulative payments made to the Architect for each phase of the project design work will not exceed the limits set forth below: 3 . 2. 1 Until completion and approval of the Schematic Design Phase, a sum equal to fifteen percent ( 15% ) of the Basic Fee . 3. 2. 2 Until completion and approval of the Design Development Phase, a sum sufficient to increase total payments made here- under to a sum equal to thirty-five ( 35% ) percent of the Basic Fee. 3. 2. 3 Until completion and acceptance by the City of the Construction Document Phase, which includes the specifications, contract documents and detailed plans of the Project, the Architect will be paid a sum sufficient to increase the total payments made hereunder to a sum equal to seventy-five percent ( 750) of the Basic Fee. -7- 3. 2 .4 Upon completion of the Bidding Phase, including award of construction contract or contracts, the Architect will be paid a sum sufficient to increase total payments made hereunder to a sum equal to eighty percent (80%) of the Basic Fee . 3 .2 .5 During the Construction Phase, the remaining twenty percent ( 20%) of fee will be paid in proportion to payments made to the construction contractor, except that the last $1, 000 of the Architect ' s basic fee shall be retained until submission of reproducible record drawings required under Article 1. 6 .12. 3 .3 Any compensation for changes under Article 1 . 8, in excess of the basic fee established above: 3 . 3 . 1 Shall, if in excess of $3, 000 or 10% of the original contract amount, be approved by the City Council of the City of Fort Worth prior to accomplishment of said change; and, 3 . 3 . 2 Shall be based upon full and detailed justification by the Architect; and, 3. 3 .3 Shall be recorded as a modification to this agreement. ARTICLE IV Progress Report 4. 1 . The Architect shall provide progress reports as often as weekly, but not less than monthly, to the City. Reports provid- ed during the Construction Phase shall be based upon the Construction Contractor ' s current schedule for Project completion. ARTICLE V Nondiscrimination 5 . 1 The Architect shall not discriminate against any person or persons because of sex, race, religion, color or national origin and shall comply with the provisions of Section 202 of Executive Order 11246 and with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29) , prohibiting discrimination in employment practices . ARTICLE VI Termination of Agreement 6. 1 The City may terminate this contract at any time and for any cause by a notice in writing to the Architect . Upon receipt of such notice, the Architect shall, unless the notice directs otherwise, 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 -8- with the performance of this contract and shall proceed to cancel promptly all existing orders and contracts insofar as such orders are chargeable to this contract. 6 . 2 If the contract be terminated due to the fault of the Architect, no further payments will thereafter be made, except for services performed prior to said termination date which are of value to the City. If the contract is terminated due to no fault of the Architect, the Architect will be paid promptly that proportion of the prescribed fee which the work actually per- formed under this contract bears to the total work called for under the contract, less such payments as have been previously made and less any amount due the City by reason either of any prior default of the Architect or otherwise. In determining the amount to which the Architect is entitled under this paragraph, the schedule of the payment set forth in Article 3 . 2 shall not control . It is recognized by the parties that said schedule is based upon the assumption that the entire contract is to be completed. The rights of the parties under this paragraph shall not be affected by the fact that any installment has matured at the date of termination. 6 . 3 All completed or partially completed designs, drawings , and specifications prepared in connection with this contract shall become the property of the City when the contract is terminat- ed and may be used thereafter in any manner desired by City. ARTICLE VII Independent Contractor 7. 1 Architect shall operate hereunder as an independent con- tractor and not as an agent, servant or employee of the City of Fort Worth. Architect shall have exclusive control of and the exclusive right to control the details of the services to be performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Architect. ARTICLE VIII Successors and Assigns 8.1 The City and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement, and to its partners, succes- sors, assigns and legal representatives. Neither the City nor the Architect shall assign, sublet or transfer any interest in the Agreement without the written consent of the other. -9- ARTICLE IX Insurance 9. 1 The Architect shall not commence work under this contract until it has obtained Professional Liability Insurance as re- quired hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of $250,000 as the same pertains to the Project, and further that the Architect shall require any consultants and/or subconsul- tants to provide the same type of Professional Liability Insurance. The insurance coverage prescribed herein shall be maintained throughout the period which Architect furnishes its services hereunder and shall not be cancelled, modified or altered in any manner without prior written notice to the City. In this connection, upon the signing and return of this contract by the Architect, a Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Architect, and such certificate shall contain the provision that such insurance shall not be cancelled, modified or altered without thirty ( 30) days prior written notice to the City. ARTICLE X Right to Audit 10. 1 Architect agrees that the City shall, until the expiration of three ( 3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving trans- actions relating to this contract. Architect agrees that the City shall have access during normal working hours to all neces- sary Architect facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Architect reasonable advance notice of intended audits . 10. 2 Architect further agrees to include in all its subcon- tracts hereunder a provision to the effect that the consultant 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 , docu- ments, papers and records of such consultant, involving trans- actions to the subcontract, and further, that City shall have access during normal working hours to all consultant 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 consultant reasonable advance notice of intended audits . " -10- ARTICLE XI Venue 11 . 1 Should any action, whether real or asserted, at law or inequity, arise out of the terms and conditions of this contract, venue for said action shall lie in Fort Worth, Tarrant County, Texas. This greement entered into this _/��day of A.D. 19 CIT FORT WORTH By: ty anag APPROVAL RECOMiriENDEI2: � By: Trans&rtEti-o-h ankd Public ar oun lood Works Director-Y� - APPROVED AS TO FORM AND Address: 6000 Western Place LEGALITY: Sutie 451 Fort Worth, Texas 76107 Att rney ATTEST p City Secretary APPROVED BY CITY COUNCIL City Secretary Date Contract Contract Authorization Xl/ Date -11- City ®f Fort W®rth Tex s Mayor and Council Communication DATE REFERENCE SUBJECT: SELECTION OF ARCHITECT FOR PAGE 12/18/81 NUMBER FORT WORTH ZOO CATS AND BEARS EXHIBIT 1 C-10101 > a,_�_�.m Recommendation It is recommended that the City Council authorize the City Manager to execute a contract with Youngblood Architects. Inc, , to provide professional design serv- ices for the Fort Worth Zoo Cats and Bears Exhibit for a fee of $222,200. Discussion Proposition No. 2, approved by the voters on March 22, 1986, included $1.8 mil- lion for the construction of the Fort Worth Zoo Cats and Bears Exhibit (total CIP funds include all fees, construction, administration, etc. ). A selection committee was formed to hold interviews with four firms which demon- strated a substantial experience in the development of zoological exhibits. The firm of Youngblood Architects, Inc. was judged to have made the best technical presentation, assembled the most qualified team of consultants, and had the most comprehensive understanding of the project requirements. Negotiations with Youngblood Architects, Inc. resulted in a proposal to provide design and engineering services for the facility for a fee of $222,200. The City staff finds this fee to be fair and reasonable for a facility of this com- plexity. Youngblood Architects, Inc. has complied with the City of Fort Worth's MBE/WBE Policy. Funding Sufficient funds are available in Park and Recreation Fund No. 05, Project No. 046001-00, Cats and Bears Exhibit, to finance this contract. Expenditures will be made from Index Code No. 625368, Consultant and Professional Services. RG:gj APPROVED BY CITY CWNCIL DEC 22 1997 4 _ ChT Swim"of" cLY of Fu:wool.T*3m SUBMITTED FOR IHL CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: Ramon Guaiardo Z APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Ralph Emerson CITY SECRETARY FSR ADDITIONAL INFORMATION C-INTACT R. Emerson 7089 DATE