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HomeMy WebLinkAboutContract 9687 THE STATE OF TEXAS 1 COUNTY OF TARRANT KNOW ALL MEN BY THESF�p�$S�RETARY. WT.RACT" No.��� THIS CONTRACT AND AGREEMENT, made and entere nto at Fort Worth, Tarrant County, Texas, this �� day of , 197 , by and between the City of Fort Worth, Texas, a mun ci 1 corpora- tion, acting herein by and through its City Manager, Morris Matson, who is duly authorized so to act, hereinafter called the "City", and Eugene Dockstader, dba The Dockstader Partnership, hereinafter called the "Architect". W I T N E S S E T H That for and in consideration of the performance of mutual covenants and agreements herein contained, the parties hereto covenant and mutually agree as follows: ARTICLE I Professional Services of Architect 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 connec- tion with the design, construction and site improvements of Southeast Service Center, City of Fort Worth. The sum of $976,500 is proposed for construction of this project, exclusive of Architect's fee. The Architect will endeavor to produce a plan meeting the City's requirements within the amount proposed for such construction unless the scope of the Project is changed by direction and approval of the City Council of the City of Fort Worth, in which event the proposed amount will be revised and the Architect's fee will thereafter be based on the revised amount. The Architect's Basic Services shall consist of five phases set forth below and shall include, but not be limited to, structural, mechanical and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the City to ascertain the requirements of the Project and shall conform the schematic design to such requirements. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for the consideration and approval by the City. 1.1.3 The Architect shall submit to the City a Statement of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 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 structural, mechanical and elec- trical systems, materials and such other essentials as may be necessary and appropriate. 1.1.5 The Architect shall prepare the building design concept for the project herein 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) . MY FT. ` RTH, 1.1.6 The Architect shall submit to the City a revised State- ment of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.7 The Architect shall prepare from the approved Design Development Documents, for consideration and approval by the City, 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. 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 engineering 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, during the construction of said project and for a period of five (5) years after the acceptance by the City of the completed construction project, 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 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 arise from or be connected with any act or negligence on the part of the Architect, or any breach of any of its obligations 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 them on account thereof, and pay all expenses and satisfy all judgements which may be incurred by or rendered against them, or any of them, in connection therewith; provided and except, however, that this indemnifica- tion provision shall not be construed as requiring the Architect to indemnify or hold the City harmless from any loss, damages, liability or expense 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. Compliance with the provisions hereof will be required of other firms providing professional and sub-professional services and of all subcontractors. 1.1.8 The Architect shall advise the City of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. BIDDING PHASE 1.1.9 The Architect, following the City's approval of 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. In the event that the lowest bona fide bid exceeds the last approved estimated cost for the construction of the project, the Architect shall at its own expense 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. -2- CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when final payment is made by the City to the Contractor. 1.1.11 The Architect shall provide Administration of the Con- struction Contract. 1.1.12 The Architect, during the Construction Phase, shall advise and consult with the City, and all of the City's instruc- tions to the Contractor shall be issued through the Architect. 1.1.13 The Architect shall make recommendations monthly con- cerning the amount owing to the Contractor and shall prepare and present Certificates for Payment to the Public Works Director for consideration and payment, if approved by said Public Works Director. 1.1.14 The Architect shall have authority to reject work which does not conform to the Contract Documents. The Architect shall also have authority to recommend to the Director of Public Works that the Contractor stop the Work whenever necessary to insure proper performance of the work in accordance with the terms of the Contract, current City Building Codes, and approved construc- tion practices. All such actions by the Architect shall be subject to review by the Director of Public Works. 1.1.15 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. 1.1.16 The Architect shall prepare Change Orders, after review and approval by the City. 1.1.17 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 prepare and present a final Certificate for Payment to the Public Works Director for consideration and payment, if approved by said Public Works Director. 1.2 The Architect shall inspect all construction, prepare con- struction estimates and shall report to the Director of Public Works its recommendations and suggestions relative to safeguard- ing the City against defects and deficiencies in materials used in construction and performance of the work by the Contractor, and shall serve in a consulting capacity throughout the construc- tion of the entire project. The Architect shall provide at its own expense during construction adequate and competent inspection to insure satisfactory conformance with plans and specifications, including such changes as may be deemed necessary or desirable and recommended by the Architect and approved by the City, but the Architect does not guarantee the performance of the Construc- tion Contract. 1.3 The Architect shall obtain approval of all the plans, specifications, proposals, bonds and other contract documents in writing by the Public Works Director of the City of Fort Worth prior to advertising for bids. The Architect shall file two (2) complete sets of plans and specifications with the Public Works Director for his inspection prior to advertising for bids for construction of the project. All contract documents shall in all respects comply with all applicable State and Federal Laws, ordinances and regulations of the City and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. -3- ARTICLE II City Responsibilities 2.1 The City will furnish the Architect the best available prints and other information under its control showing the locations and topography of the proposed site, location of utilities and borings. ARTICLE III Description and Payment of Fees 3.1 The City agrees to pay the Architect for such services a fee of six percent (6%) of the cost of the work accomplished under the direction of the Architect, less $9,450 for work on the Schematic Design Phase and Design Development Phase previously accomplished. Maximum fee to be paid to Architect for services performed hereunder shall not exceed $58,590, less $9,450 for work on the Schematic Design Phase and Design Development Phase previously accomplished under City Secretary Contract No. 9126. The Basic Fee shall be payable as follows: 3.1.1 Upon Completion and presentation of the Schematic Design Phase, a sum equal to fifteen percent (15%) of the basic fee, which fee shall be based upon a fair and reasonable estimated cost of the entire project. 3.1.2 Upon completion and presentation of the Design Develop- ment Phase, a sum sufficient to increase total payments made hereunder to a sum equal to thirty-five percent (35%) of the basic fee, which fee shall be based upon fair and reasonable estimated cost of the entire project. 3.1.3 Upon completion and acceptance by the City of the Con- struction 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 (75%) of the basic fee, which fee shall be based upon a reasonable estimated cost of the project. 3.1.4 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. Such fee shall be computed upon the lowest bona fide bid or bids. 3.1.5 During the Construction Phase subsequent payments to the Architect shall be made monthly in proportion to the payments made to the construction contractor. 3.1.6 Upon completion of the construction and acceptance of the project by the City, the balance of the basic fee shall be paid by the City, computed upon the final cost of the project actually accomplished under the direction of the Architect. . 3.1.7 The Architect shall be reimbursed for reproduction of all documents over and above those provided under the terms of this contract that are required and approved by the City at direct cost, not to exceed commercial rate current at that time. Reproduction for Architect's private use will be borne by the Architect. ARTICLE IV Services of the Architect 4.1 Should the City require substantial revision of plans and/or specifications after same have been approved, the Architect agrees to make such revisions and the City will pay the Architect just and equitable compensation therefor. Such compensation shall be the actual monetary outlay incurred by the Architect in making a substantial revision or alteration, plus fifty percent (50%) of -4- such actual paid-out expense to cover incidentals, such as overhead. 4.2 The Architect shall furnish thirty (30) sets of plans and thirty (30) sets of specifications and contract documents at its own expense for use in the receipt of bids and for construction of the project. Upon completion of the construction of the project, the Architect shall furnish the City one (1) set of "as constructed" drawings on Mylar together with one (1) set of specifications including all changes made during the course of the project. ARTICLE V Termination of Agreement 5.1 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 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. 5.2 If the contract be terminated due to the fault of the Archi- tect, 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 Paragraph 3.1 shall not control. It is recognized by the parties that said schedule is based upon the assumption that the entire contract is to be com- pleted. Nor shall the rights of the parties under this paragraph be affected by the fact that any installment has matured on the date of termination. 5.3 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 terminated, and may be used thereafter in any manner desired by City. ARTICLE VI Equal Employment 6.1 The Architect shall not discriminate against any person or persons because of sex, race, religion, color or national origin; that this agreement is made and entered into with reference specifically to Ordinance No. 7278 of the City of Fort Worth and Section 202 of Executive Order 11246 prohibiting certain discrim- ination in employment. ARTICLE VII Independent Contractor Architect shall operate hereunder as an independent contrac- tor, and not as an agent, servant or employee of the City of Fort Worth. Architect shall have exclusive control of and the exclu- sive right to control the details of the work to be performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, -5- employees, contractors, and subcontractors. The doctrine of respondeat superior shall not apply as between City and Archi- tect, its officers, agents, employees, contractors, and subcon- tractors, and nothing herein shall be construed as creating a partnership or joint venture between the City and Architect. ARTICLE VIII Venue Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall lie in Fort Worth, Tarrant County, Texas. ARTICLE IX Termination of City Secretary Contract No. 912b� City and Architect hereby understand, covenant and agree that City Secretary Contract No. 9126, on file in the Office of the City Secretary of the City of Fort Worth, is hereby termin- ated. Architect covenants and agrees that the City has already paid Architect the sum of $9,450 for services performed under the Schematic Design Phase and Design Development Phase of City Secretary Contract No. 9126, and that said amount is full payment and consideration for all services performed under such contract. This agreement entered into this day o A.D. 197k. ATTEST: CITY OF FORT WORTH City Secretary ity anager APPROVAL RECOMMENDED: 7 Y CITY B COUNCIL or s Director APPROVED AS TO FORM AND LEGALITY: ;r6;/t City Attorney EUGENE DOCKSTADER D/B/A DOCKSTADER PARTNERSHIP B g er -6-