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HomeMy WebLinkAboutContract 30206 CITY SECRETARY CONTRACT NO . CITY OF FORT WORTH,TEXAS STANDARD AGREEMENT FOR ARCHITECTAL SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Komatsu Architecture, Inc., (the "Architect"), for a PROJECT generally described as: Water Gardens Active Pool Architectural Assessment Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The Architect's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ARCHITECT will be made as follows: A. Invoice and Payment (1) The Architect shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ARCHITECT for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ARCHITECT for billings contested in good faith within 60 days of the amount due, the ARCHITECT may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ARCHITECT shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. _ Article IV Obligations of the Architect Amendments to Article 1V, if any, are includes in Attachment C. A. General The ARCHITECT will serve as the CITY's professional Architecture representative under this Agreement, providing professional Architecture consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the Architect's services will be the degree of skill and diligence normally employed in the State of Texas by professional Architects or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ARCHITECT shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and Architecting work to be performed hereunder. The ARCHITECT shall also advise the CITY concerning the results of same. The CITY shall furnish such surveys, tests, and investigations, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ARCHITECT. D. Preparation of Architectural Drawings The ARCHITECT will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ARCHITECT shall not be liable for the use of such drawings for any project other than the PROJECT described herein. Komatsu Architecture, INC. ^ WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT ! -- Page 2 of 19 E. Architect's Personnel at Construction Site (1) The presence or duties of the Architect's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ARCHITECT or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ARCHITECT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ARCHITECT or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ARCHITECT be construed as requiring the ARCHITECT to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ARCHITECT should make an on-site observation(s), on the basis of such on-site observations, if any, the ARCHITECT shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ARCHITECT regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ARCHITECT shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ARCHITECT shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ARCHITECT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT - Page 3 of 19 structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ARCHITECT makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the Architect's opinions, analyses,projections, or estimates. G. Construction Progress Payments Recommendations by the ARCHITECT to the CITY for periodic construction progress payments to the construction contractor will be based on the Architect's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ARCHITECT to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ARCHITECT has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work,materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ARCHITECT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (MIWBE) participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Architect acknowledges the NIA"E goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Architect may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. J. Right to Audit (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 and photocopy any directly pertinent books, documents, papers and records of the ARCHITECT involving transactions relating to this co ARC1*Iff-E ees Komatsu Architecture, INC. . . WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 4 of 19 . 1 that the CITY shall have access during normal working hours to all necessary 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. (2) ARCHITECT further agrees to include in all its subconsultant agreements 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 and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the 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 together with subsection (3)hereof CITY shall give subconsultant reasonable advance notice of intended audits. (3) ARCHITECT and sub-consultant agree to photo copy such documents as may be requested by the CITY. The CITY agrees to reimburse ARCHITECT for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Ic Architect's Insurance (1) Insurance coverage and limits: ARCHITECT shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit basis OR $250,000 Property Damage $500,000 Bodily injury per person per occurrence Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease- each employee Komatsu Architecture, INC. - -- - WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 5 of 19 j Professional Liability $1,000,000 per occurrence $2,000,000 aggregate (2) Certificates of insurance evidencing that the ARCHITECT has obtained all required insurance shall be delivered to the CITY prior to ARCHITECT proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102. (e) 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. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in 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. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 6 of 19 (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY in writing approves the exclusions. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ARCHITECT for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ARCHITECT on an occurrence basis. (k) 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 Architect's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ARCHITECT shall be required by the ARCHITECT to maintain the same or reasonably equivalent insurance coverage as required for the ARCHITECT. When sub-consultants maintain insurance coverage, ARCHITECT shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ARCHITECT of the Agreement. L. Independent Consultant The ARCHITECT agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ARCHITECT further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ARCHITECT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 7 of 19 (2) If asbestos or other hazardous substances are suspected, the ARCHITECT will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities-Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current Architecting practice standards which the ARCHITECT should have been aware of at the time this Agreement was executed, the ARCHITECT shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ARCHITECT could not have been reasonably aware of, the ARCHITECT shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data The CITY will make available to the ARCHITECT all technical data in the CITY's possession relating to the Architect's services on the PROJECT. The ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ARCHITECT as required for the Architect's performance of its services and will provide labor and safety equipment as required by the ARCHITECT for such access. The CITY will perform, at no cost to the ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the Architect's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the Architect's services or PROJECT construction. D. Timely Review The CITY will examine the Architect's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorrrney, insurance counselor, Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 8 of 19 accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or becomes aware of any development that affects the scope or timing of the ARCHITECT'S services or of any defect in the work of the ARCHITECT or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ARCHITECT will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ARCHITECT had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ARCHITECT from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of Architect's negligence or if ARCHITECT brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article N.E. regarding the Architect's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ARCHITECT for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ARCHITECT, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the Architecting services performed. Only the CITY will be the beneficiary of any undertaking by the ARCHITECT." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ARCHITECT and there are no third-party beneficiaries. Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT II _ Page 9 of 19 .;.�L'. - = --•• (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any night the CITY has to bring a claim against ARCHITECT. I. CIT Y's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ARCHITECT a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Fisk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ARCHITECT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the Architect's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents 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 Komatsu Architecture, INC. -•- _ .._ WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT _- Page 10 of 19 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 designs, drawings, specifications and documents. C. Force Majeure The ARCHITECT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT. D. Termination (1) The CITY may terminate this AGREEMENT for convenience on 30 days' written notice. Either the CITY or the ARCHITECT may terminated for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ARCHITECT will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ARCHITECT'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ARCHITECT'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ARCHITECT will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the Architect's personnel and subcontractors, and Architect's compensation will be made. F. Indemnification (1) The ARCHITECT agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of t e M , Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT - Page 11 of 19 its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ARCHITECT and the CITY(or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ARCHITECT and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ARCHITECT, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and perfonnance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County,Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ARCHITECT arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ARCHITECT hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attomey's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final,judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). Komatsu Architecture, INC. - - - WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 12 o E 19 +._ (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date it is issued. If either party files litigation within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply 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 of 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 13 of 19 ATTEST: CITY OF FORT WORTH 1 C By: Irl Sy via Glover Libby Watson sS� Acting City Secretary Assistant City Manager APPROVED AS TO FORM APPROVAL RECOMMENDED AND LEGALITY r Assistant City Attorney 4 hard Zavala, Jr., Direc r Parks and Community Se ce Department 'ontract �uthorizatioa Date ARCHITECT ATTEST: Komatsu, Architecture Inc. ,L,t. b ll lv-r.r s.Yet. By: Corp rate Secretary Albert Komatsu Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT _'� •;. _ _ ..� .... Page 14 of 19 �n ATTACHMENT A TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC. FOR WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT SCOPE OF SERVICES BY KOMATSU ARCHITECTURE,INC Objectives in general terms include but are not limited to the following: A. Inquiry and narrative review of the existing architecture of the Water Garden. B. Inquiry and review of Johnson/Burgee Design philosophy. C. Inquiry and problem solving in coordination with Freese &Nichols, Inc; related to alternatives for corrective measures which provide optimum level of life safety, structural sufficiency, and practical maintainability while preserving the architectural and design integrity of the Water Gardens as a Fort Worth landmark. D. Cooperative Inquiry and problem solving with Freese &Nichols, Inc and the City of Fort Worth related to water level maintenance and control. Participate in a Workshop with City Staff and Freese and Nichols, Inc. to evaluate alterative solutions to the problems identified as a result of the Engineering assessment and testing. E. Collaborative Inquiry and design problem solving of architectural design elements for I nclusion in alternative design solutions while attempting to maintain the design integrity of the Water Garden aesthetics related to: 1. functioning water depth 2. use of materials; 3. placement of appropriate Signage and railings F. Review of existing Engineers and Architectural documents. G. Coordinate and Review the Freese and Nichols Inc Engineering Assessment and assist in the development of alternative solutions. Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 15 of 19 KOMATSU ARCHITECTURE ESTIMATE OF HOURS AND COMPENSATION ARCHITECTURAL EVALUATION OF THE ACTIVE POOL ASSESSMENT FORT WORTH WATER GARDEN Hours Rate Total 1. Site Meeting and Initial Visit 2 $150.00 $300.00 2. Site Review 6 $150.00 $900.00 3. Review of Existing Documents and Architecture 8 $150.00 $1,200.00 4. Review of Freese and Nichols Work 8 $150.00 $1,200.00 5. Workshop and Alternatives Generation 33 $150.00 $4,950.00 6. Water Gardens Architectural History Review 5 $150.00 $750.00 Total 62 $9,150.00 Misc. Reimbursable Costs $ 500.00 Total $9,650.00 Deliverables 1) Report on the Visual Aesthetic and Architectural Design Integrity of the Active Water Pool 2) Conceptual Design Graphics or sketches illustrating alternative architectural design solutions for architectural elements proposed as a result of the alternatives generated in collaboration with Freese and Nichols,Inc. 3) History of Architectural Significance of the Water Garden Active Water Pool. Schedule Completion of all Deliverables by July 22, 2004 in coordination with the Deliverable deadlines for the Freese and Nichols Inc. Engineering Assessment. Komatsu Architecture, INC. " WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT :: - Page 16 of 19 ATTACHMENT B TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC. FOR Water Gardens Active Pool Architectural Assessment COMPENSATION I. BASIC ARCHITECTURAL SERVICES For architectural services provided under Attachment A, the City shall pay the Architect on a Salary Cost Method, an amount not to exceed Nine Thousand Six Hundred Fifty and 00/100 dollars ($ 9,650.00), according to paragraphs A, B and C below. The basis for this payment is shown in the attached Schedule of Charges (Attachment B-1) and Summary of Costs (Attachment B-2). A. Labor: The Architect shall be compensated for the services of his personnel on the basis of$150 Per Hour for the time of Albert Komatsu for time directly utilized on this work. B. Misc. Reimbursable Costs: The Architect shall be compensated at his cost plus 15% for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the Architects overhead. These costs include, but are not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, computers and word processors, postage and mailing costs and other miscellaneous costs incurred specifically for this project. II. ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment A, as approved by a written amendment to this Agreement, the City will pay the Architect for labor, other incidental direct costs and sub-consultants on the same basis as described in Paragraph I of this Attachment. COMPENSATION COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION A. Not to Exceed: The total fee for Basic Services in Attachment "A" shall be computed on the basis of the Schedule of Charges but shall not exceed Nine Thousand Six Hundred Fifty and 00/100 Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 17 of 19 dollars ($ 9,650.00), If Komatsu Architecture sees the Scope of Services changing so that Additional Services are needed, Komatsu Architecture will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Charges: Albert Komatsu $150.00 per hour Staff Member Salary Cost Times Multiplier of 2.3 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Rates for In-house Services Printing Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Bindinp, $5.75 per book l Komatsu Architecture, INC. WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 18 of 19 ATTACHMENT C TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF FORT WORTH AND KOMATSU ARCHITECTURE, INC. FOR Water Gardens Active Pool Architectural Assessment There are no deletions or amendments to the standard form of the contract. Komatsu Architecture, INC. - WATER GARDENS ACTIVE POOL ARCHITECTURAL ASSESSMENT Page 19 of 19