HomeMy WebLinkAboutContract 52195 CITY SECRETARY
CONTRACT NO._ J_a
CITY OF FORT WORTH, TEXAS
00
a AGREEMENT FOR ARCHITECTURAL SERVICES
U Garden Center Lobby Expansion
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and GFF Architecture Inc, authorized to do business in Texas, an independent
contractor ("Architect"), for a PROJECT generally described as: Garden Center Lobby
Expansion.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services;
3. Attachment"B"—Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Service
(1) Architect hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Garden Center Lobby Expansion.
Nothing in Attachment "A" or any other Attachments to this Agreement shall be
construed to change or modify any of the terms and conditions set forth in this
Agreement.
(2) If at any time in the course of the design, the City expands the scope of services, or
the Architect believes the City has requested services that are beyond the scope of
this Agreement, the Architect shall submit a proposal for additional fees and a
written agreement shall be reached on said proposal prior to the Architect
proceeding with the work considered to be beyond the scope of this Agreement.
The Architect shall not perform any additional services without a written agreement
with the City. Any services provided prior to reaching an agreement on additional
fees will be non-com pensable.
(3) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Architect or its sub-consultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Architect shall not be compensated for any alleged additional work resulting from
oral orders of any person. r—
OFFICIAL.RECORD
Standard Architectural Agreement CITY SECRETARY
FT. WORTH, TX
(4) The Architect shall advise the City as to the neMSSity of the City's providing or
obtaining additional services and data from others required in connection with the
Project at the City's cost and expense (which services and data the Architect is not
to provide hereunder but on which the Architect may rely in performing services
hereunder), and act as the City's representative in connection with any such
services of others.
(5) The Construction Budget for this project shall be determined by the City and set
forth in amendment to this Agreement.
Article II
Compensation
(1) The Architect shall be compensated (Fee and Reimbursable Expenses) in
accordance with the Fee Schedule shown in section (3) of this article. As
described in Attachment "A". However the total lee paid by the City shall not
exceed a total of $23,500.00 unless the City and the Architect mutually agree
upon a fee amount for additional services ;And amend this Agreement
accordingly.
(2) Acceptance by Architect of said payment shall opi.rate as and shall release the
city from all claims or liabilities under this Agreement for payment for the services
rendered and billed for which such payment is rr,ade, it being understood that
pending claims for additional compensation properly made by the Architect
pursuant to Article I shall not be encompassed by such release.
(3) The Architect shall be paid the following percentages of the total fee at the
following stages of the Project:
a. Completion of Programming and Schematic Desi in and Opinion of
Probable Construction Cost 20%
b. Completion of Design Development and Opinion of Probable
Construction Cost 40%
c. Completion of Construction Documents and Opinion of
Probable Construction Cost 75%
d. Start of Construction 80%
e. Final acceptance of the Project by the City 100%
However the total fee paid by the City shall not exceed a total as defined in Article
II, Compensation.
(4) Reimbursement of allowable expenses in excess cif $100.00 per individual item
shall have prior approval of the City. Allowable expenses include:
a. Printing Costs
b. Renderings or Models for Public and City meetings
Standard Architectural Agreement 2
c. Postage and Courier expenses
d. Travel, Mileage Only
e. TDLR review and inspection
f. Other Costs with Prior Approval of the City.
All reimbursable expenses, whether or not they are in excess of $100.00, are
included in the not to exceed amount of $23,500.00 listed in Article II, Section 1
of this Agreement.
(5) The Architect shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of
the particular services so ordered and receipt by City of Architect's invoice for
payment of same.
(6)Acceptance by Architect of said payment shall operate as and shall release the
City from all claims or liabilities under this Agreement for anything related to,
done, or furnished in connection with the services for which payment is made,
including any act or omission of the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall begin upon the date
of its execution and expire upon completion of the subject matter contemplated herein. In
the event construction services extends beyond the three (3) months, The City and
Architect agree to negotiate the cost of the additional services required by the Architect as
a result of the additional time Architect is required to spend on the Project. Any agreement
reached between the City and Architect on additional compensation due shall be set forth
in a written amendment to this Agreement signed by the City and Architect.
Article IV
Independent Contractor
Architect shall operate hereunder as an independent contractor, 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 its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondeat superior
shall not apply as between City and Architect, its officers, agents, employees, consultant,
and subconsultants, and nothing herein shall be construed as creating a partnership or
joint venture between City and Architect.
Standard Architectural Agreement 3
Article V
Professional Competence and Indemnification
(1) Work performed by Architect shall comply in all as;aects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated
by the local, state and national boards, bureaus and agencies, as reasonably
interpreted. Approval by the City shall not constitute or be deemed to be a
release of the responsibility and liability of Architect or its officers, agents,
employees, consultants and subconsultants for the accuracy and competency of
its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Architect shall indemnify and hold harmless the City against liability for any
damage caused by or resulting from an act of negligence, intentional tort,
intellectual property infringement, or failure to pay ci consultant or subconsultant
committed by the Architect or Architect's agent:, Architect under contract, or
another entity over which the Architect's exercises control. In accordance with
Texas Local Government Code Section 271.904, the Architect shall defend the
City against liability for any damage caused b,y or resulting from an act of
negligence, intentional tort, intellectual property infringement, or other act caused
by the Architect or the Architect's agent, employee, or subconsultant, except for a
claim based wholly or partly on the negligence of, fault of, or breach of contract
by the City, the City's agent or a City employee.
(3) Architect shall perform the Services in this Agreement with the professional skill
and care ordinarily provided by competent architects practicing under the same
or similar circumstances and professional license, and as expeditiously as is
prudent considering the ordinary professional skill and care of a competent
architect.
Article VI
Procedures for Providing Architectural Services
(1) The Architect agrees to commit the personnel to each assignment of the Project
as appropriate in order to complete the Project in an expeditious manner. The
Architect shall meet with the City's staff as required during the duration of the
project. The Architect will assign the following key personnel to this Project:
Principal in Charge: Duncan Fulton
Project Manager: Lonnie Burns
Project Architect: Lonnie Burns
The Architect may not change key personnel without the City's written approval.
Standard Architectural Agreement 4
(2) Programming and Schematic Design Phase:
a. The Architect shall become familiar with the site and scope of the Project.
b. The Architect shall consult with the City to clarify and define the City's
requirements relative to the Project and review available data.
c. The Architect shall become familiar with the City's document "Facilities
Division DESIGN GUIDELINES for New and Existing Facilities" and
incorporate into all phases of the work.
d. The Architect shall pay for the printing of contract documents required for design
submittals and presentations as a part of the reimbursable allowance.
(3) Design Phase:
a. The Architect shall perform all services necessary to complete the design and
secure a construction permit.
b. The design shall include all site work, design and coordination of utilities,
landscaping and facility design required for a complete and functional project.
c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and
present at two (2) City meetings (if required)during the design of the project.
d. The Architect shall prepare the design in two stages as follows:
i. Design Development Phase: Preparation of architectural, MEP plans,
principal elevations, site plan, cartoon set, selection of principal
equipment and finishes, and discipline-based opinion of probable
construction costs. Upon written approval of this phase of the work, the
Architect may proceed to the Construction Document Phase.
ii. Construction Document Phase: Preparation of details, architectural,
mechanical, electrical, and plumbing plans, finishes schedules, detailed
technical specifications, and detailed opinion of probable construction
costs.
e. 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, site plans for all disciplines will be at same scale.
f. The Architect shall provide such service as may be necessary for the building
permits to be issued. The City shall pay any fees for such Building Permits.
The City or contractor shall apply for building permits.
g. The Architect shall engage a Consultant to prepare "Elimination of Architectural
Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation (TDLR). The Architect (if required) will pay all fees
required for TDLR reviews and inspections as a part of reimbursable expenses
included in the not to exceed amount of$23,500.00 set forth in Article II, Section
1 of this Agreement. All designs shall be in conformance with the Elimination of
Architectural Barriers Act, State of Texas, and the City of Fort Worth Building
Codes.
Standard Architectural Agreement 5
h. In the event the Project is constructed in accordance with the Architect's
designs and is subsequently determined to be in non-conformance with the
above Act, Codes or Texas Accessibility Standards, the City will bear the
construction costs associated with enhancements. The Architect will reimburse
the City for additional costs, charges or fees to replace or rework features that
were constructed in accordance with the design but fail to meet applicable
accessibility requirements or building codes in force at the time that the design
was performed.
i. The Architect shall upload the electronic files in PDF format to the City to the
location specified by the City.
(4) Responsibility for Construction Cost:
a. The Construction Budget for the Project shall be defined by the City.
b. The Architect shall provide to the City an opinion of probable construction cost
at the submission of each 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.
c. 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, without the requirement to
negotiate an additional fee to Architect to redesign if all of the Architect's prior
recommendations about cost and scope were accepted by the City. If the City
decides to reduce the scope of the project and rebid, the Architect shall, without
additional fee if the City accepted all of Architect's prior recommendations about
cost and scope, 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 in accordance with Article X, Termination of
Contract.
(5) Construction Phase:
a. The Architect shall assist the City with review a,id approval of submittals and
proposed change orders concerning the Contactor, and shall review and
advise the City with respect to the resolution of construction issues, including
Contractor Request for Information, Submittals, Change Orders, Contingency
Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval
appropriate to the stage of construction to become generally familiar with the
progress and quality of the portion of the Work cc:impleted, and to determine, in
general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents.
However, the Architect shall not be required to make exhaustive of continuous
on-site inspection to check the quality or quantity of the Work. On the basis of
the site visits, the Architect will keep the city reasonably informed about the
Standard Architectural Agreement 6
progress and quality of the portion of the Work Completed and make written
report to the City (1) known deficiencies from the Contract Documents and from
the most recent construction schedule submitted by the Contractor, and (2)
defects and deficiencies observed in the Work.
b. The Architect shall attend progress meeting at the job site.
c. 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.
d. The Architect will review contractor's pay requests.
e. The Architect will conduct final acceptance and end of warranty inspections with
representatives of the City and issue AIA G704 Certificate of Substantial
Completion with City approval.
f. The Architect shall provide electronic copies of the drawings and specifications
in a format acceptable to the Contractor for the Contractor's preparation of
"Record Drawings"for the City's archives.
g. At the end of the project, the Architect use field notes, contractor provided
"Record Drawings" and other data will provide "As Built Drawings" in AutoCAD
LT 2010 format or other format as determined by the City.
(6) 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 designs, drawings, specifications and
documents. Transfer of ownership of the contract documents does not constitute
sale of the documents.
Article VII
City Responsibilities
(1) Ennis Anderson will act as the City's representative with respect to the Project for
the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to the Architect's services.
(2) Provide criteria and information as to City's requirements.
(3)Assist the Architect in obtaining existing studies, reports and other available data
and services of others pertinent to the Project and in obtaining additional reports
and data as required.
(4) Upon reasonable notice arrange for access to and make all provisions for the
Architect to enter upon public and private property as may be required for the
Architect to perform services hereunder.
Standard Architectural Agreement 7
(5) Review all reports, recommendations and other documents and provide written
decisions pertaining thereto within a reasonable time.
(6) 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.
(7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling
the Project construction contract documents.
(8) Prepare easements and right-of-way acquisition Conveyance documents, from
descriptions provided by the Architect, contact owners, negotiate for or condemn
all easements and right-of-way, pay all filing and legal fees associated therewith.
(9) Manage the advertisement and bidding of the project, issue addenda, distribute
bid documents, award contract, and execute the contracts.
(10) Administer the construction of the Project.
(11) Provide inspection and management services.
(12) Provide contractors' prepared field drawings to the Architect for review.
(13) 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.
(14) Bear all costs incident to compliance with this Article.
Article VIII
Insurance
(1) Architect shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Architect allow any subconsultants to commence work on its
subcontract until all similar insurance of the subconsultants has been so obtained
and approval given by the City; provided, however, Architect may elect to add
any subconsultant as an additional insured under its; liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate limit
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Standard Architectural Agreement 8
Coverage B: $100,000 each accident
$500,000 disease- policy limit
$100,000 disease -each employee
Professional Liability Insurance
$1,000,000 Errors & Omissions
$2,000,000 Annual Aggregate
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Architect's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Architect's insurance policies.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services
Manager, 401 West 13th Street, Fort Worth, Texas, 76102, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment
of premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Architect's insurance.
i. Architect's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Standard Architectural Agreement 9
j. In the course of the Agreement, Architect shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or law ;uit or which could result in a
property loss.
k. Upon the request of City, Architect shall pri-Wide complete copies of all
insurance policies required by these Agreement documents.
Article IX
Transfer or Assignment
City and Architect each bind themselves, and their lawful successors and assigns, to this
Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article X
Termination of Contract
(1) City may terminate this Agreement for its convenience on thirty (30) days written
notice. Either the City or the Architect for cause may terminate this Agreement if
either Party fails substantially to perform through no fault of the other and does
not commence correction of such nonperformance with five (5) days of written
notice and diligently complete the correction thereafter.
(2) If City chooses to terminate this Agreement under Article IX, upon receipt of
notice of termination, Architect shall discontinue services rendered up to the date
of such termination and City shall compensate Architect based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, Architects, or contractors, or prepared by Architect,
shall be or become the property of the City, and shall be furnished to the City
prior to or at the time such services are completed, or upon termination or
expiration of this Agreement.
Article XI
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 Architect involving
transactions relating to this Agreement. Architect agrees that the City shall have
Standard Architectural Agreement 10
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. 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 subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub consultant, 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 Architect and any subconsultant reasonable advance
notice of intended audit.
(3) Architect and subconsultants agree to photocopy 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.
Article XII
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
The City's Economic Development Department has determined that no MBE or SBE
participation is required for this Agreement.
Article XIII
Observe and Comply
Architect shall at all times observe and comply with all federal, state, and local 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 XIV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
Standard Architectural Agreement 11
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.
Article XV
Contract Construction
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.
Article XVI
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any, court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee vvho performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
Standard Architectural Agreement 12
Article XVIII
House Bill 89
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract, Contractor
certifies that Contractor's signature provides written verification to the City that Contractor:
(1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract.
Article XIX
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth: Property Management Department
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76103
Architect: GFF Architecture Inc
Attn: Lonnie Burns, AIA
3300 W 7th Street
Fort Worth, Texas 76107
Article XX
Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Article XXI
Counterparts: This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts
shall together constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Standard Architectural Agreement 13
Executed and effective this, 6/4—day of4L(�, 2019.
BY: BY:
CITY OF FORT WORTH GFF Architecture Inc
._�usan Alanis Name7
Assistant City Manager Title:
Data: f S Date:.
APPROVAL RECOMMENDED:
By:
ichard Zavala'
, r
r a Recreation Department
APPROVED AS TO FORM AND MaC No:
LEGALITY:
MaC Date;
By:
Richard A. McCracken
Assistant City Attorney
VoRr
ATTEST:
3:1
By-
ary J. 1,44"rV 0
)c
N"
City Secretary .. ....
CONTRACT COMPLIANCE MANAGER: By signing ac wledge that I am the person responsible for the
monitoring and administration of this contract including ensuring all performance and reporting
requirements.
r
By:
Garden Center Coordin—ator
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.
Standard Architectural Agreement OFFICIAL RJCORD
CITY SECRETARY
FX 410RIK xx
ATTACHMENT"A"
ARCHITECTS 021113 fw"Nbfd Ammon
INT E R I OR a 2606 r"MW"3ttea Suft 300 >MOY&Nt M Sttnl,Sim 110 M 8rooa SPINK Sul*8"
LANDSCAPE DAN"TUN 1762M FMV"*T""17a10T Avpry7mm t A101
PLANNING 211,11M.M0 812W&II500 512.8020413
F*nwy 11,2019
March 28,2019 Revised
Emis Anderson
Garden Facilities Coordinator
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Attachment"A"Garden Center Lobby Expansion-Fort Worth Botanic Gardena
PROJECT UNDERSTANDING:
• Expand the building envelope at the Garden Center entrance
• Provide new Reception/POS desk at the Garden Center
• Construction is expected to last 4 months
SCOPE OF SERVICES:
Basic Services
• Provide Architectural and MEP services from Schematic Design through the conclusion of
Construction Documents,for the project described above.
• Provide assistance during Bidding and Negotiation with evaluating the project costs.
• Provide standard Contract Administration services for reviewing shop drawings,attending jobsite
meetings,and clarifying the intent of the construction documents,for up to 3 months. Basic Services
shall include up to 18 site visits consisting of 4 site visits per month and 2 punch list visits.Services
beyond these amounts shall be Additional Services.
• MEP engineer will provide standard MEP design for new desk location and expanded Lobby.
• Deliverables will include construction documents for permitting, pricing and construction.
• Basic services do not include civil or survey work that may be required by the city for permitting.
FEES:
We propose to perform this work for a fixed sum as follows:
• Basic Services
Architectural $19,650
Structural None anticipated $0
MEP Summit Consulting $3,850
TOTAL $23,500
Standard Architectural Agreement 15
• Reimbursable Expenses
In addition to the basic services fees, printing,deliveries, long-distance communication,travel, plots,taxes on
goods or services,and other reimbursable expenses will be invoiced at 1.1 times invoice amount,or the
equivalent for in-house expenses.
OTHER PROVISIONS:
• The Architect shall have the right to rely on the accuracy, thoroughness, and completeness of all
information provided by the Owner or Owner's representative(s), including pricing,schedule,or other
information provided by the Owner's Construction Manager, Contractor,or similar advisor during all phases
of the project, including pre-construction.
• In the event the Owner elects to divide the project into multiple packages to accelerate the construction
process, the Owner acknowledges this entails certain inherent risks. These include, but are not limited to,
the inability to coordinate early release work with that of later packages,an increased incidence of change
orders and field coordination changes, incomplete code interpretations, and work-in-progress
modifications. By utilizing multiple packages,the Owner agrees to accept these risks,and the costs and
consequences associated with them, in order to achieve the perceived benefits of reduced construction
time.
• In the event the Architect is asked to participate in any"value engineering" process, including but not
limited to utilizing substitution requests made by the Owner, Contractor, Owner's consultants,
subcontractors or others,the Owner acknowledges this entails certain inherent risks. These include, but
are not limited to reduced performance, increased life-cycle costs, coordination impacts pertaining to other
elements of the project, unforeseen code implications, unanticipated schedule implications, and diminished
overall value as a result of the proposing parties having a vested interest in such recommendations. If the
Owner chooses to accept and/or directs the Architect to make revisions to the construction documents to
include any value engineering recommendations and/or material substitution proposals made by others,
the Owner agrees to accept these risks,and the costs and consequences associated with them, in order to
achieve the perceived benefits of reduced construction cost.
• Services regarding trenching operations are not included as part of this agreement. This includes, but is
not limited to,trench design,trench shoring design, consultation regarding trenching, and observation of
trenching operations. The Owner agrees to require the Contractor to make all provisions for trenching
operations.
• Any language, term or condition of this Agreement to the contrary notwithstanding,the Architect makes no
express or implied warranties.
• The Owner agrees that the sole liability for any and all claims resulting from actions by GFF employees,
principals, consultants or subconsultants,when the GFF employees, principals, consultants or
subconsultants are acting within the course and scope of their employment, resides with GFF, Inc.and not
the individual owners, shareholders or employees of GFF, Inc.
• The Owner and the Architect understand,acknowledge,and agree that the Architect shall be acting as an
independent contractor at all times during the performance of this Agreement and no provision or obligation
expressed or implied in this Agreement shall create an employment,agency, or fiduciary relationship.
• The following are not included as a Basic Service:the design of a structurally-suspended slab,tower crane
foundation(s), services relating to exterior signage or graphics(other than that specifically required by
code), platting, platting assistance, services relating to special inspections which may be required by any
codes or Owner including, but not limited to, special inspections described in Chapter 17 of the
International Building Code, specialty permitting, including green permitting,any specialty consultants other
than those specifically listed herein, low voltage(voice and data)and security.
• Invoices shall be due within 30 days from the date of the invoice.
• Services related to the incorporation of environmentally responsible design including, but not limited to,the
U.S. Green Building Council (USGBC)Leadership in Energy and Environmental Design (LEED)program,
are not included as a Basic Service unless so designated herein. In the event such services are provided,
Owner understands and acknowledges that 1)credentialing programs(such as LEED)are exclusive
programs of their respective credentialing agencies (such as USGBC);2)independent credentialing
agencies have sole authority with respect to interpreting and determining compliance with their standards
and exercise broad discretionary power in doing so and 3)the Architect neither controls nor warrants the
final outcome with respect to LEED or other such certifications.
Standard Architectural Agreement 16
ATTACHMENT"B"
VERIFICATION OF SIGNATURE AUTHORITY
GFF Architecture Inc
Attn: Lonnie Bums,AIA
3300 W 7th Street
Fort Worth, Texas 76107
Execution of this Signature Verification Form ("Form") hereby certifies that the following
Individuals and/or positions have,the authority to legally bind Consultant and to execute any
agreement, amendment or change order on,behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if 1here are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name: Lonnie Burns, AIA
Position: Studio Director
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: Du n Fr1 4
Signature of re ide / p
Other Title: MI� C)
Date:
Standard Architectural Agreement 17