HomeMy WebLinkAboutContract 352479
STATE OF TEXAS
COUNTY OF TARR.ANT
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KNOW ALL BY THESE PRESENTS
THIS AGREEMENT is inade and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tai�•ant, Denton, Parker, and Wise Counties, Texas, hereinafter called the
"City", acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and Hahnfeld
Hoffer Stanford, hereinafter called the "Architect", acting herein by and through Eric L. Hahnfeld, AIA, its
duly autharized representative, for the purpose of providing architectural design and construction
administration services for the construction of a shade canopy between the parking garage and equestrian
center at the Will Rogers Memorial Center in the City of Fort Worth.
WITNESSETH:
That for and in consideration of the nnitual 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:
Provide design, construction documents, and constiuction administrative services for
the construction of a shade canopy between the parking garage and equestrian center at
the Will Rogers Memorial Center. The Center is located at 3401 W. Lancaster Avenue
in Fort Worth, Texas.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Dalton Murayama, AIA, Architectural Services Manager
1.2. Architect
1.2.1. Principal in Charge: Eric L. Hahnfeld, AIA
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 conunit 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 Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
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5. The Architect shall perform services as outlined in the Hahnfeld Hoffer Stanford letter dated January
22, 2007 (Attachment "A") attached hereto and incorporated herein as part of this Agreement.
6. 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
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
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 $3,500, hereinafter
referred to as the "total fee", plus up to $1,500 in reimbursable expenses.
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. Reimbursement of allowable expenses shall not exceed $1,500 and shall be payable monthly as
allowable expenses are incurred. Allowable expenses include:
1.5.1. Printing Costs
1.5.2. Enhanced CAD drawings for public and City meetings.
1.5.3. Long distance phone calls
1.5.4. Postage and courier expenses
1.5.5. Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
The Construction Budget far this Project is $100,000. If the Construction Budget is exceeded by the
lowest bona fide bid, the City may (1) award the contract, (2) abandon the project and terminate this
agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay within
the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the
project and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as
necessary to stay within the Construction Budget. In the event the City abandons the project, the City
may terminate this Agreement, and the Architect shall be entitled to compensation as provided by
Section X hereof.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously
approved Construction Budget.
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SECTION VII METHOD OF PAYMENT
The Architect shall be paid not more frequently than once per month on the basis of statemeirts
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. Payinent
accarding to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such �vork 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 seivices under this Agreement until
Architect has ;been paid in full all amounts due for services actually performed and reimbursables
incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Design Phase:
1.1. The Architect shall perform all seivices necessary to prepare 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 floor plans, principal elevations,
and cost estimate. Upon written approval of this phase of the work, Architect may proceed
to the Construction Document Phase.
1.3.2. Construction Document Phase: Preparation of architectural details, technical specifications,
and cost estimates.
1.4. Format of Drawings
Drawings at all stages of design will have the following characteristics: Scale for floor plans will
be 1/4" 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.
1.5. The Architect shall submit estimates of probable consh-uction cost for each stage of design to the
City.
1.6. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
1.7. Upon written approval of the final design, the Architect shall make whatever fmal changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
1.8. The Architect shall provide electronic files in PDF or DWF format for posting to the Inteinet.
2. Bidding:
2.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the
Prebid Conference.
2.2. The Architect shall coordinate printing of documents for bidding.
2.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and
make recommendations concerning the capability of the bidder to satisfactorily perform the
contract.
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3. Construction Services:
3.1. The Architect shall assist the City by approving submittals, observing consnuction procedures
and results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
3.2. Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all
participants and key project persomlel.
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 review contractor's pay requests.
3.5. Architecf will conduct final acceptance and end of warranty inspections.
3.6. 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.
3.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as detern�ined by the City.
4. All designs, drawings, specifications, documents, and other work products of the Architect, whether in
hard copy ar 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 insri-uments of seivice 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 oUtaining 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, inteipreting 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 condenm all easements and right-of-way, pay all filing and
legal fees associated therewith.
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10. Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Assignment.
11. Manage the advertisement and bidding of the project, issue addenda, disn-ibute bid documents, award
contract, and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors marked up field drawings to the Architect for review.
15. Pay all impacf 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 bidding and record.
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
tennination of the Agreement in accordance with the method of compensation prescribed in Sections
V and VI hereo£ 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 ofiicers, 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
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approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this comiection the Architect shall indemnify and hold the City and all its officers, agents, servants
and employees harinless 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 subconsultants, 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 ar in the preparation of designs, working drawings, specifications
and other documents.
4. 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
Workers Compensation
Coverage A: Statutory limits
$1,000,000
$1,000,000
Coverage B: Employers Liability Insurance
Per Occurrence
Aggregate Limit
$100,000 Each Accident/Each Occurrence
$100,000 Disease — per each employee
$500,000 Bodily Injury/Disease — Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000
$1,000,000
Per occuirence
Project aggregate
5. 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.
6. General Insurance Requirements
6.1. 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 conhacted services.
6.2. Certificate(s) of insurance shall document that insurance coverage speciiied are provided under
applicable policies documented thereon.
6.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
6.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of
premium. Such tenns shall be endorsed onto Architect's insurance policies. Notice shall be sent to
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the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth, TX 76102.
6.5. The City shall not be responsible for the direct payment of any insurance preiniums required by this
agreement. It is understood that insurance cost is an allowable component of the Architects general
overhead.
6.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
6.7. 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 tenns of their financial
strength and solvency.
6.8. Deductible limits, or self-insured retentions, affecting uisurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of n•aditional 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.
6.9. The City shall be entitled, upon its request and without incun-ing expense, to review the Architect's
insurance policies including endarsements thereto and, at the City's discretion, the Architect may be
required to provide proof of insurance premium payments.
6.10. All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
6.11. 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.
7. The City shall require its General Contractor to include the Architect as an additional insured on its
general liability insurance.
SECTION XII HAZARDOUS MATERIALS
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, containinant or asbestos onto the project.
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 norn7al working hours to all necessary Architect facilities and shall
be provided adequate and appropriate warkspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
Page 7
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
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
Ciry shall have access during norinal 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 subconsultants 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 pariy hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other parry, and any attempted assigmnent, sublease or transfer of all or any part hereof without
such prior written consent shall be void,
SECTION XVI INDEPENDENT ARCHITECT
Architect shall perform all work and seivices 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 offcers, agents, employees and subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVII MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement
shall be consh�ued 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 pariy 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 8
IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS �I � day of ✓� , A.D., 2007.
:
APPROVED:
By:
Mar
Assistant City Manager
APPROVAL RECOMMENDE�: RECO ED:
By: �/jC'
,/ �/ By. .
��, Robert Goode, PE Marty Hen x
Director, Transportation & Public Warks Dept. City Secretary
Date:
APPROVED AS TO AND
By: � �
Amy J. Ramsey
Assistant City Att - rney l
Date: )1' i�l..�•��1� ����
- �Contr�ct-Autl�orizatio��oroz�----�
Date:
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Pro'Iect Desi�n Team
Principal-ir�-charga - Eri� L. Hahn€�id, AfA
Spec+#icz�tions - Eric L. Hatin`e'd, ,41A
�ield �'trchit�i - Tor�my Deeds, Eric L Mahnfeld, Ai,4
Tect�nical 5tafi - dick Hab�rm�n
U�,uners' Resa��nsibilities
Tt7e Uj;�ner will be respcnsibte for aii nan-consirt�ction issu�s.
J�'GC4f_�(jU�A ?Of SBt'VEC'v-S
Cc�nstr�ction Documents wriil take appro:tirt�ately 30 days to complete.
COMf'ENSA710h! �(31� S�RViC�S
Basic Services
Hahnfe[ci Hoffer Stanford pro�oses Fh�t cc3rn���rEsatit�n for al! architectural design be a lump surn ie�
of $3,500.00. h!o structurat en�ineering fe2s hava been incfuded and if r�quired vvill t�e an actditionaf
SeNIC�.
Reimbursak�{e Exnenses
Fie;mbursaUt� Expenses are in �,ddifion fo Compensa(ian and incfud� acival exp�nditurPs matle
necessar,� by our desi�ii services and actual expenditt�res n�ad2 by 4U!' �I7tpfOy��5 a�ld
ccrnsult��rils ir� the ir7E�rest of the pro�ect f�r ihe 2x�enses tisled in the folfowi�g subparagraph:
Expcnse oi inves#igatic,ns, raprocluctior7s, {;c�sEac�P ar�ci tiat7dring o# Drav,�ings, Specifieations
and other ciacurnerts, but excluciing reproductians for th2 office use of the ArcttiCeat.
Estirnated cost�-6o'- � 1,5Dv,ov �� �p,f�1� 07 �do�► $L�1�1f�t= �DC� At1� �1U�+`�AI�}6l�
Thcse f��es are bas�d on our best assessri7er7t oi yvur ne�ds argd the correspanding sc6pe of eifort,
If our understariding of ih� scope requires modificatians, �lea�e cantact u� to disouss fu�her.
-Chank you again for the appartuniry ta be of sen�iee tn you. Nlc ar� prEpaced to proce�d
immediately upr�i-� receipt af your authorizattan io c10 sd.
Sinr,�rely,
FlANi�1F � Hf�FFER ST,4N��RD
archit glanners interiors
_ +
�. , itr ld, AIA
Principal
Enclosure
Authariz�tion:
PJame
Date
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