HomeMy WebLinkAboutContract 30974 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 Quorum Architects, hereinafter called
the "Architect", acting herein by and through William H. Blankenship, its duly authorized Principle, for the
purpose of providing architectural design services for design of the Western Communications Center
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained,City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Design and construction phase services for the Western Communications Center to be
located at Eagle Mountain Water Treatment Plant.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
I.I. City of Fort Worth
1.1.1. Project Manager: Dalton Murayama
1.2. Architect
1.2.1. Principal in Charge: William H. Blankenship
1.2.2. Project Architect: David Duman
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relative to the assignments
and review available data.
2. Architect agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Assignment at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in performing
services hereunder),and act as City's representative in connection with any such services of others.
4. The City shall pay for the printing of contract documents required for design submittals and
presentations.
5. The Architect shall perform services as outlined in letter dated November 10, 2004, which is attached
to and made a part of this Agreement.
6. City shall apply for building permits and provide such service as may be necessary for the building
permits to be issued. The City shall pay any fees for such Building Permits.
SECTION IV SPECIAL SERVICES OF ARCHITECT
Page 1 7, � A
6;�� .� ` .. � . RIG
11/10/2004 Western Communications Site
1. If authorized in writing by City, Architect 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 ARCHITECT and the Architect's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The Total Compensation for all of the assignments to be performed by Architect as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $24,000, hereinafter
referred to as the"total fee".
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of Design Development and cost estimates 50%
1.2. Completion of Construction documents 75%
1.3. Action by City Council to accept bids 80%
1.4. Final acceptance of the Project by the City 100%
1.5. Expenses are included in the Total Compensation
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project is $600,000. The Architect will work closely with the
CMAR to adjust design to keep the project within the Construction Budget. Design modifications
required to reduce the cost of the facility are included in the fee. The Construction Budget may be
modified by agreement of the Owner.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Assignment until completion. If City fails to make any payment required herein for
services and reimbursables within sixty days after approval of Architect's statement thereof, Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursibles
incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Design Phase:
1.1. The City 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.
1.2. The design shall include all site work, design and coordination of utilities, and facility design
required for a complete and functional project.
1.3. Architect shall prepare the design in stages as follows:
1.3.1. Design Development Phase: Preparation of architectural and MEP floor plans, principal
elevations, civil and utility site plans, selection of principal equipment and finishes. Upon
written approval of this phase of the work, Architect may proceed to the Construction
Document Phase. Upon approval of the CMAR, the Architect will proceed to the
Construction Document Phase.
Paget
11/10/2004 Western Communications Site
1.3.2. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans, finishes schedules, and technical specifications sufficient to allow the CMAR to
obtain firm quotes for the construction.
1.4. Format of Drawings
1.4.1. 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.
1.4.2. Drawings shall plot to 2204 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
1.5. The City, 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 Texas Accessibility Standards (TAS). Architect will
incorporate the review into the design.
1.6. The CMAR shall submit estimates of probable construction cost for each stage of design to the
City.
1.7. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
1.8. Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the CMAR for use in bidding.
1.9. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
2. Bidding:
2.1. The Architect shall respond to CMAR's inquiries, prepare necessary addenda, and conduct the
Prebid Conference.
2.2. The CMAR shall coordinate printing of documents for bidding.
3. Construction Services:
3.1. The Architect shall assist the City, upon request, in approving submittals, observing construction
procedures and results,reviewing methods and costs associated with proposed change orders, and
resolving construction problems. However, neither the Professional activities of the Design
Professional, nor the presence of the Design Professional or his or her employees and
subconsultants at a construction site, shall relieve the General Contractor and any other entity of
its obligations, duties and responsibilities including, but not limited to, construction means,
methods, sequence, techniques or procedures necessary for performing, superintending or
coordinating all portions of the work in accordance with the contract documents and any health or
safety precautions required by any regulatory agencies. The Design Professional and his or her
personnel have no authority to exercise any control over any construction contractor or other
entity or employees in connection with their work or any health or safety precautions. City agrees
that the General Contractor is solely responsible for jobsite safety, and warrants that this intent
shall be made evident in the City's agreement with the General Contractor.
3.2. Architect shall attend periodic job site meetings. The CMAR will prepare meeting notes and
distribute them to all participants and key project personnel.
3.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
3.4. Architect will conduct final acceptance and end of warranty inspections.
Page 3
11/10/2004 Western Communications Sitev'.+;
�44 r�
3.5. The Architect shall review Contractor's marked up field drawings and prepare"Record Drawings"
on bond and DWF/PDF files for the City's archives.
3.6. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as determined by the City.
4. All designs, drawings, specifications, documents, and other work products of the Architect, whether in
hard copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of
the City of any such instruments of service without the written permission of the Architect will be at the
City's sole risk. The City shall own the final printed designs, drawings, specifications and documents.
Transfer of ownership of the contract documents does not constitute sale of the documents
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Assignment.
2. Assist Architect 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 Architect to enter upon public
and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
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
Architect, 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. Administer the construction of the Project.
12. The City will review contractor's pay requests.
13. Provide inspection and management services.
14. Provide contractors marked up field drawings to the Architect for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees
charged by Oncor for new or revised service.
16. Print documents for design,bidding and record.
Page 4
11/10/2004 Western Communications Site
17. Bear all costs incident to compliance with this Section.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Article V, Paragraph 2.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and 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
Architect, 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 Architect shall indemnify and hold the City and all its officers, agents, servants
and employees harmless from any loss,damage, liability or expenses, on account of damage to property
and injuries, including death, to all persons, including but not limited to officers, agents, or employees
of the Architect or Subcontractor, and all other persons performing any part of the work and
improvements, which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs, working drawings, specifications and
other documents. In no event shall the Architect be liable for consequential damages.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents,servants
or employees harmless from any loss, damages, liability or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
Pae 5 ,�f ;:71:=:_
11/10/2004 Western Communications Site ,-�;
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
Employers Liability Insurance
Bodily Injury $500,000 Each Accident
$500,000 Policy Limit
$500,000 Bodily Injury by Disease,each employee
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
Business Automobile
Combination Single limits $500,000 each accident
Personal Injury $2,500 each person
Uninsured $500,000 each accident
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Project aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to City.
The City reserves the right to revise insurance requirements specified in this agreement to the best
interests of the City.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of ten days notice of cancellation, non-renewal or 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 Architect's insurance policies. Notice shall be sent to the Facilities
Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort Worth, TX
76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of the Architects 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.
Page
g
11/10/2004 Western Communications Site ,
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits,or self-insured retentions,affecting insurance required herein may be acceptable to
the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion, the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a "claims made"and shall be in effect for the
duration of this agreement and for 12 months following Architect's issuance of the Certificate of
Substantial Completion. The Architect's current insurer shall list the City as a certificate holder
for a period of ten years following the issuance of the Certificate of Substantial Completion by the
Architect. The City shall be notified at least 30 days prior to cancellation or substantial change in
coverage.
8. The City shall require the General Contractor to include the Architect as a Certificate Holder the general
contractor's general liability insurance.
ARTICLE XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
I. 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 agrees in so far
as permitted by law, to indemnify Architect from any and all losses, damages, claims, or actions
brought by third party or employees of City against Architect or Architect's employees, agents, officers,
or directors, in any way arising out of the presence of hazardous materials or conditions at City's
facilities, except for claims shown by final judgment to arise out of the sole negligence of Architect.
The City shall defend at its own expense any suits of other proceedings brought against the Architect
and its officers, agents, servants, and employees or any of them on account thereof. Nothing herein
shall be construed so as to require the City to levy or assess any tax.
2. In connection with hazardous waste, including petroleum products, City agrees to the maximum extent
permitted by law to defend, hold harmless and indemnify Architect from and against any and all claims
and liabilities resulting from City's violation of any federal, state or local statute, regulation or
ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be
construed so as to require the City to Levy or assess any tax.
3. The requirements contained in this Section shall not apply if the Architect introduces the hazardous
materials or conditions.
SECTION XIII RIGHT TO AUDIT
1. Architect agrees that the City shall, until the expiration of three(3)years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall, until the expiration of three(3)years after final payment under
Page 7 �f �L '.l t.
11/10/2004 Western Communications Site g^W
•��1 U ����,:Vii__�_. . �
fY.
the subcontract, have access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
City shall have access during normal working hours to all subconsultant facilities,and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the provisions of
this article. City shall give subconsultant reasonable advance notice of intended audits.
3. Architect and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves, their successors and assigns, to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS (NA)
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and with
all City ordinances and regulations which in any way affect this agreement and the work hereunder,and
shall observe and comply with all orders, laws, ordinances and regulations which may exist at time of
design. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to
defend, indemnify and hold harmless City and all its officers, agents and employees from and against
all claims or liability arising out of the violation of any such order, law, ordinance, or regulation,
whether it be by itself or its employees.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
Page 811/10/2004 Western Communications Site
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 Sea]
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED W HE CITY F F RT WORT XAS,THIS day of ,A.D.,
G�/���
By: APPROVED:
William H.Blankenship
Quorum Architects
Office(President or Vice-President) By:
Assistant t ager
APPROVAL RECOMMENDED: RECORDED:
Y�By: z �r� By:
Transportation and Public Works City Secretary
APPROVED A#TO F05N4 AND LEGALITY:
By: C;/*� Date:
Assistant City 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 Architects' Registration Law,Texas Civil Statutes,Article 249a.
J-�
ont_act Authorization
Date
Page9
11/10/2004 Western Communications Site
Quorum
November 10, 2004
Mr.Mike Mathews, P.E.
City of Fort Worth
Transportation and Public Works Department
Building Services Division
909 Taylor St
Ft. Worth, TX 76102
RE: Proposal for Architectural Design Services
Western Communication Center
Dear Mike:
We are pleased to submit a proposal as requested for Professional Design Services for the new
Western Communication Center to be located at 6801 Bowman Roberts Rd. in Fort Worth. This
agreement is between the City of Fort Worth and Quorum Architects, Inc. The City's contacts for
this project will be you and Dalton Murayama.
ITEM ONE: PROJECT DESCRIPTION/UNDERSTANDING
1. The project will consist of design for a 60' x 72' building based upon the layout
provided by the City. Ali tower and related work including the foundation will be
designed and constructed separately outside of this project. The City will select a
Construction Manager at Risk (CMAR) to work with the City and Quorum on this
project. The CMa will be responsible for all pricing, permitting, and construction
related activities except and unless indicated otherwise herein.
2. The architectural design will include relative Structural, and MEP design necessary for
an operational facility. It is anticipated that Quorum will use Baird Hampton &
Brown, and Frank W. Neal&Associates as engineering consultants on this project.
3. Prior to beginning design,the City shall provide the following information:
a. Existing site plan (in AutoCAD format, if possible) including boundary
limits, topography, all utilities, trees, fences, pavement, and other items
on site that may affect building and site design.
b. Design criteria and unique requirements including but not limited to
those listed below.
i. Building materials
ii. Protection of openings
iii. Level of security
iv. Type of glazing
v. Electrical/power/data requirements and locations
vi. Lighting and HVAC requirements
vii. Generator requirements
viii. Unique finishes (raised floor systems or required floor finishes)
c. Geotechnical and soil boring data including foundation
recommendation.
IC
ArcMtvoturr In1erbi t)sslRn 707 W Va:kei y BIvt1 Suite Ml Fart Wcuth irncm 76104 USA 817 738 8085 1y 817 738 9524
71 .' ��u .(...
4. For the purpose of this proposal we are limiting structural design to foundation
and reinforced masonry walls or concrete tilt wall design with metal deck and
concrete roof. Poured in place concrete walls or roof structure is excluded.
ITEM TWO. DOCUMENTS
1. Architect will provide design and construction documents for architectural,
mechanical, electrical, plumbing and structural engineering for this project.
Ownership of the documents will remain the property of Quorum Architects, Inc., but
Contractor and Owner will be given printed and electronic documents for their use.
2. All design and construction documents will be provided in AutoCAD format, as well
as printed format, for Contractor and Owner use.
3. Deliverable documents will include one set of reproducible drawings and
specification, signed and sealed by the architect. It is anticipated that the drawings
will be developed using AutoCAD and will be plotted and printed in 22"x34" format.
These documents will be of sufficient quality and detail to allow the owner to submit
for building permit and for construction and coordination by the CMAR.
ITEM THREE: ARCHITECT'S BASIC SERVICES
I. Design Development - Architect will layout and design this project in accordance
with the prevailing design direction provided by the Owner. Architect will be
responsible for coordination with Owner and engineers for building design layout,
equipment, systems, etc. as may be required. This package will present sufficient
information to the Construction Manager to begin formulating construction budgets,
costs, and schedules.
2. Construction Documents - Upon approval of preliminary design drawings, architect
will prepare the construction documents for the Owner's use in construction.
Construction Documents will include architectural, mechanical, electrical, plumbing
and structural engineering drawings.
3. Construction Administration - Limited Site Construction Administration services are
included in this proposal. It is anticipated that these services will include a general
observation of the status of construction once per month, along with RFI's, and
supplemental instructions. The architect will provide these construction
administration services listed above. Engineering services during this phase will be
invoiced at the engineer's standard hourly fee rates as additional services to this
Agreement. Should more extensive construction administration services be required
by Owner, they will be billed as an additional services at the hourly rates listed below
or contracted separately.
4. Additional Services - Architect will provide additional services if directed by the
Owner. These additional services may include Civil Engineering, Landscape
Architecture, Interior Design, Texas Accessibility Review (TAS) submittals, Energy
Code compliance, Sprinkler and fire alarm system design, special submittals for
approval including site plan and landscape submittals, and additional visits to the job
site throughout the design and construction period. Compensation for these
additional services will be per the "Hourly Rate Schedule" shown below or as
negotiated separately from this scope of services.
���Yr •l}1��.i%7�Rj
I
• � uL1.�
ITEM FOUR:PROFESSIONAL DESIGN FEE:
Compensation for Basic Architectural and Engineering Services shall be a lump sum fee of
$24,000. This fee includes architectural, mechanical, electrical, plumbing and structural
engineering as described above along with basic expenses. It does not include civil
engineering, landscape architecture, surveys, platting information or any representation of
the project beyond the services described above. Consulting Engineering Services and
expenses beyond basic services will be invoiced at 1.1 times the cost invoiced to the Architect.
1. Billings/Payments:
An invoice for services rendered will be sent at completion of work or on a monthly
basis whichever occurs first. Invoices shall be payable within 30 days after the invoice
date.
ITEM FIVE: HOURLY RATE SCHEDULE
The hourly rate schedule indicated is provided in case additional scope is requested by the
Owner.
1. It is understood that the hourly rate schedule indicated below is acceptable by both
parties for up to one year from execution of this Agreement, at which time, a new
hourly rate schedule will be agreed upon.
Project Principal $ 125.00 /Hour
Project Manager/Associate $ 1 15.00 /Hour
Project Architect $ 95.00 /Hour
Project Coordinator $ 82.00 /Hour
Project Staff $ 62.00 /Hour
Project Clerical $ 45.00 /Hour
ITEM SIX:ADDITIONAL INFORMATION
1. The architect and their consultants shall not be responsible for delay caused by
circumstances beyond its reasonable control, nor for delay which may be occasioned by
actions which, in the sole judgment of the architect,are required in the exercise of usual
and customary professional care. The architect shall not be liable for damage arising out
of any such delay, nor deemed to be in default of this Agreement as a result thereof.
2. Neither the architect, the architect's consultants, nor their agents or employees shall
be jointly, severally, or individually liable to the owner in excess of the compensation
paid pursuant to this Agreement by reason of any act or omission, including breach
of contract or negligence not amounting to a willful or intentional wrong.
3. Owner shall provide Ouorum Architects with AutoCAD format drawings of a
property survey showing metes and bounds, grading, utilities, easements, setbacks,
etc. Owner shall also provide geotechnical investigation to be used for design of the
structure of this project. Owner shall also provide any notes, memos,cost projections,
code information, etc. that may useful to the Architect in preparation of the
drawings.
4. Any claims or disputes made during design, construction or post-construction
between the Client and Architect shall be submitted to non-binding mediation.
vr�vli�! �SGr�.�
5. The Architect shall not be required to execute any document that would result in its
certifying,guaranteeing or warranting the existence of conditions whose existence
the Architect cannot ascertain through the use of commercially reasonable means.
Any additional cost for this service shall be billed to the Owner, as a reimbursable
expense.
6. The Architect and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure of persons to
hazardous materials in any form at the Project site.
7. Texas law requires registrants to provide all clients with the following written
statement: "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin,
Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512)
305-9000, has jurisdiction over individuals licensed under the Architect's Registration
Law, Texas Civil Statutes,Article 249a".
t3�=-t G`t --) , _ l 1 d o
David G.Duman,AIA Date
Associate—Registration N 14306
Ouorum Architects,Inc.
VIVa � R