HomeMy WebLinkAboutContract 28212,i
STATE OF TEXAS
COUNTY OF TARR.AN1'
�
KNOW ALL MEN BY THESE PRESENTS
CIiY SEG��iA�Y a ` �
��N�'F��Ci i� , . _ � = 4 �
THIS AGREEMEN i' is made and entered by and between fihe City of Fort Worth, Texas, a municipal
cozporation situated in Tarrat�t Counfy, Texas, hereinaitez callec� the "City", acting herein by and t]v'ough its
dulq authazized Assistant City Manager, and GSBS Batenhorst, Inc, hezeiva�ez called the "Architact" for
the purpose of provicling architectural design services for the design of the New Service Center at the Fort
Worth Botanical Garden.
WITNESS�TH
That for and in considerativn af the mutual covenants and agreements herein contained, the parlies hereto
do hereby co�enan.t and agree as follows:
SECTION I S�RVT�ES OF THE ARCHITECT
I.1 The City herehy cnntt-acts with A�ck�aitect as an independent contractar, and the Architect hereby
agzees to perform, within �ihhe professional sfandards normally accepted in the State af Texas,
professionai sersrices ir► connectian with the design of the New Service Cenfer — Phase Qa�, at khe
Fort Worth Batanical Garden.
SEGTION IT PERSONNEL
1. TI�e following personnel vv�ilI be assigned ta this Proj ect:
1.1. City of Fart Worth
1.1.1. Proj eci Mariager: Nancy Richardson, R.A.
I.2. Architect
?,2.1. Principal in Charge: Tom Batenhorst, AIA
1,2.2. Projecf Azcb�itect: Richard Williams, AiA
2. Neiiher party may change �ey personnel without agreement by the other party.
SECTION III CIIARACTBR OF ARCL�ITECT'S SERVICES
1. Architect shaI� consult with ihe City to cIarify and define City's require�ents relative to the assignments
and review availa�le data.
2. Architect agrees to commit the personnel to each assignm�nt as necessary in order to complete the
assignment in an expeditious manuer,
3. The Architect shall advise City as to the necessity oi City's pro�idi�ng or ol�iain2ng frorn ot�iers services
and data required in oouz�ection with the Assignment at City's cost and expense {which services and
data Architect is not to provide hereundez but on which A,zchitect may rely in performrng services
hereunder), and act as Gity's representativa in connection with any such services of otb.ers.
4. The Arclutect nvill pay for the printing of docuTnents required during the process of design and ta
support presenfatzons. The City will pay printing costs for bidding and contract doeuments.
5. Perform services as outlined iirt GSBS Batenhorst Ietter dated May 3, 20Q2, w�►ich is aitached to and
made a gart of tbis Agreement.
SECTION IV Sl'�CTAL S�RVICES OF ARCHITECT
1. If authorized in writing by Czty, Architect shall fumish or obtain from others Special Services
neeessary to complete tl�e assignmenis. These services are not included as part of the Basic Services
outlined in SECTI4N I- SERVICES OF TI� ARCHITECT and the Architect's �zopasal. These
Special Services wiIl be paid for by City as indicated in Sec�ion V.
. -. ."�
. , .. ;'{�
� Page 7, ofl ��1 � : � . ` -
10/3/2002 � -- ` . � -
.� � �
�
SEC7'ION V COMPENSATION TO ARCHITECT
The tatal compensation for ail of the assignments to be performed by Architect as described in
CHARACTERt�ND EXT�NT niARCHITECT'S SERVIC�S hereof shallbe $74,750 in professional
serv�ices and r�imbursable expenses to include reproduction of design documents and ragistration vsrith
the Texas Deparhnent of Licensing aizd Regulaiaan..
2. Architect shaIl not be paid more than the %llowing arrzaunts based npon the stage of design:
2.1. Completion af Master Plan
2.2. Gompletion nf Schematic Design Phase
2.3. Coznpletion af Design De�elopment and Cost Estimates
2.4. Can�pletion af Consixuction Documents
2.5. Action Uy City Council to Aecept Bids
2.6. Final Acceptance of the Pzoject by the City
SECTION VI SCHEDULE O� SERVTCES
6.1 Complete Mastex Plan, and Programming
6.2 Complete Schematic Deszgn
6.3 Complete Design Developmenf
6.4 Complete Constraction Documen�s
15%
25%
5Q%
75%
80%
100%
I O Days after Notice to Proceed
I O Days after Approval of Master Plan
15 days a�Cer approval of Schematic Design
30 Days after Appra�al of Design Develop.
S�CTION VII RESP�NSIBILITY FOR CONSTRUCTION COSTS '
The Caz�stxuction Budget far this Project is $6�2,504. If the Construction Budget is exceeded by the
lowest bona �ide bid, the City shaIl (1} award tke contract, (2) if tkie pzoject is,abandoned, terminate this
agreement, or (3} cooperate in tb.e reduction of khe Project Scape and features as required to stay within
the Cansiruct�on Budget in order to rebid the I'roject. If the City decides ta reduce tkle scope of the
project and rebid, the Architect shall, without additional fec, modify the Drawings and 5pecif"ications as
neeessary to stay within the Construction Budget, In the event t�e City abandons the project, th� City
may termina#e this Agreement, and the Architect shall be entifled to $D°/a of the tatal fee.
2. The Architect shall infarm ti�e City in wriiing of the probable canstruction cast at the submission of
each design phase. The City shall either approve the adjuslrnent o� the Construction Budget ar dizect
the Architect ta adjust the Pzojeci design, at no additional cost ta the City, to staq within the previously
approved Construction Budget.
SECTION VIII METHOD OF PAYMENT
1. T�e Architect shall be paid nat more frequently than once per month on the basis oF statements
prepared from the books and records of accnunt of the Architect, such sfatem�nts to be verified as to
accuracy and complianee wit#� the terms of t1�is Agreement by an off'icer of the Architect. Payment
according to state�nents will be subject to certification by the Direcior, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. 'Tk►e above charges are on the hasis of prompt payment of bills rendered and continuous pxogzess of tk�e
work on the Assignment until. completion. If City fails tn make any agreed to payment due Architect
fnr services and oui-of-pockat expenses witivn srlcty days after apprnval of Architect's state�nent
thereof, Architect rnay, af�er giving seven days' written notice to Gity, suspend services under this
Agreement until Architect has been paid in full ali amounts due for services actusily perfo�ned and
vut-of-pocket expenses actually incrured,
�ECTION IX PROCEDL7RES FOR PROVIDTNG D�STGl�T S�RVICES
1. Design Phase:
1 �f3120D2
Page 2 of 1�
�
- ' r �� �
� ��
� i
:.
1. I. City shail notify the Architact when it is appropriats to proceed with the se��vices.
1.2. The Architect shall visit the site and make himse3f familiat with tb.e scope of ihe assignment
1,3. The design sha11 include all site work, design aind caordina�ion af utilities, tandscaping a�d
facility design required for a cornplete az�.d functional project.
1.4. The Architect shall prepare presentation graphics using plans necessary for the desigz� and attend
two public meetings during fhe design of fhe project. ,
1.5. Architect shall prepare the design in stages as follrsws:
1.5.1. Master Planning: Prepare site plan and facility scopes for ultimate deveIopment of the site
including bndget level costs.
1.5.2. Schematic Design: Preparatian ai alternative floor and site plans, architectural concepts and
principal equipment and :�ina.sh plans and area-based cost estimates.
1.5.3. Design Development: Preparation of architectural a�u.d MEP floar plans, principaT elevatinns,
civil and utility si.te plans, carioon set, selection of principal equipment and fiinishes, and
discipline-based cost estirnates.
1.5.4. Construc�ion Documents: Preparai�on of details, mechanicaI, electrical, and plumbing plans,
finish scheduIes, detailed technical specifications, and detailed cost estixnates,
1.6. Drawings at aFi stages of design will havc klze followmg c�aractexistics: Scale far floor �lans rx�ill
�e 1/$" or agreed to scale foz all dasciplines, elevations wi11 he at same scale as flaor plans, area
plans will have same scale for all disciplines, site plans for all disciplin�s will be at same scale.
1.7. Architect shall prepare "�limination of .Architectura� �anriers Registration" and submit the
applications to the Texas Department of Licensing and Regulation or ta a liceaased pravider. AIl
designs shall be in conforn�ance with the Eliminatian of Barri�rs Act, State af Texas, City oF Fort
Worth BuiIding Codes and #he Axnericans wit� Disabilit�es Acc�ssibility Guidelines for Buildings
and Facilities. The Architect will pay aIl associated %es.
1.7.1. The Architect shall reimburse the City of Fort Worth for all cost� and fees incurred in
modifying a facility in the event it is constructed in accordance with the Archi�ect's designs
and is subsequently detenmined to he in non-conforn�ance with the above Act, Codes az
Guidelines.
I.7.2. The City will bear the consfa-uciion costs associated with enhancements while the Architect
will reinaburse the City for costs to replace or rewark features.
1.8. The Architect s1�a11 submit estimates of prabable constfuction cost fox each stage of desi� to tha
Gity in five copies.
1.9. The Cify s1aa11 aclrnowledge the probable construction costs and scope in wniting at each stage of
design.
i.10. Upon written approvai af �he fmal desigz�, the Architect shal� xaake wha�e�er final changes are
necessary and subznit the drawings and technical specifications to the City fnr use in bidding.
2. Bidding:
2.1. Caordinate and pay for plan review and application fees for "Elimination of Arclutectural Barriers
Registxation"
2.2. The Arclutect sha11 respond to Contractors inquiries, prepare whatevar addenda are necessary and
conduct the Frebid Confarence
2.3. Following bidding the Arckaitect sha11 investigate the qualifications af up to three bidders and
make recorxunendatians concerning #he capability of the hidder ta satisfactorily perform the
contract.
� . . .�,��� i ' r , W
� Page 3 of 10 .� , ;�
10/3/2002 �,� r
- , ■
3. Construction Services:
3.1. The Architect shall a.ssist thc City by appxo�ing submittals, abserving construcfiion praceduzes and
resuIts, zeviewing methods and casts associated W1�Z pTOj]q5EC� change orders, and resolving
c4natruciion prpblems.
3.2. Arc�titect shall aitend periodic job site meetiugs, prepare meeting notes and disfcibute th�m ta all
participants and key praject personnel.
3.3, At the completion af consixuctiaz�, the Arcb.itect sha11 conduct and document the fin,al inspection
and assist the City on the resolution of construction or design de�iciencies.
3.4. The Architect sha11 review Cantractor's marked up field drawings and prepare "Record Drawings"
on repxaduczble boad ar �lasiic media far �e City's archives.
3.5. Architect will provide CAD f"iles of aIl drawings suitable to use on AutoCad LT or such oiher
operatin.g systern as determined by the City.
4. The docuu�ents amd tk�eir intelleetuai property as copyrig�t remains under the Arcbittect's own.ership.
The Arclutect hereby grants authorization to the City, for its exclusive use related to this proj ect, access
and repraciuction af all documents.
3ECTION X CTTY RESPONSIBIFIITIES
1. Prnvide critezia aud izz�'omaation as to City's requi�ements and designaie a person witl3 autharity to act
an City's behalf on all matters concerning the Assignmenf.
2. Conduct boundary surveys, platting, preparation of easements and any othcr propezty zssues necassary
to complete the design and secure a consfixction permit.
3. Pro�ide a topographic and site utilit3r survey for use in preparing Consiruetion Docuxnents.
4. Assist A.zcbitect in ohtaining existing stizdies, reports and other available data and services of nttzers
pertinent ta the Assignm�nt and in obtainrng additiona! xeports and data as required.
5. Upon reasonahle nntice arrange for access to and make alI pzovisions for Architect to entex upon public
and private property as may be required for Arcbitect to perform services hereunder.
6. Designate in wnitix�g qualified pexsons who will act as City's represeritatives with respect to the
Assignment for the purposes of transmit�ing instructions, receiving infoffiation, intezpretin.g and
defining City's palicies and d.ecisivns with respect to Architect's services. �
7. Review all reports, recomme�.dations and other documen#,s and provide written decisions pertaining
thereto within a reasonabfe time.
8. Upon reasanable nat�ce provide labor and safety equipment to expose structUral e�ements, to make
#emporary repairs, and io operate mecharucal and electrical systems as required hy th� Architect in the
deveZopment of the design.
9. Examine all studies, reports, sketches, drawings, specifications, proposals and ather documents
presented 'by Architect, obtain advice of az� attozxa.ey, insurance counselor and other Architects as it
deems appropriate for such exainination and render in writing decisions pertaining thereta within a
reasonable time so as not to delay th� services of Architect,
10. Pro�vide "Front End", includiag Divlsian 1 zequuements, for use in assembling the Praject Manual.
11. Prepare easements and rigl�t-of-vway acquisition conveyance documents, from descrip#ion provided 6y
Architect, contaet owners, aegotiate for or condemn all easements and rzght-of-way, pay all filing and
legal fees associated therewith.
12. Ferfa�rzn all sezvices n.ecessary to survey, plat, prepare and vacate easements and any other property
zssues necessary to complete the design survey and s�cure a construction pernut.
10/3/2002
-� --ti
"�H"'��;'� i'
i'y,
I �A �
Page A� of 10. ', ���'`���
-�
0
�
13. Fravide such iegal, accounting, insurance and other counseling services to City as may be required for
the Asszgrunent. �
14. Manage the adverhisernent and bidding af the project, issue addencia, distribute bid documer�is, award
contract, and execate the contracts.
15. Administer the consttuction af the Proj eGt,
16. Review and approve contractor's pay requests.
17. Provide inspection and management services.
1$. Provide contractors mar3�ed up feld drawings to the Architect for review,
19. Pay all impact and utiIity f�es and other fees not expressly ass�gned to the Arcbi.tect.
20, Rezznburse %es for Texas Accessibility S�bmittal raview.
, 21, Bear aIl costs incident to compliance with this Sectian.
S�CTION XI TERMINATION
1. The City may t�;rminate tt►is Agzeement at ax�y t�rne for co�aveziien.ce or for any cause by notice in
writing to the Architect. Upon receipt of sueh notice, the Architect shall immediateiy disenntinne atl
services and work and the placing af all orders or the entering into Con�acts foz supplies, assistance,
facilities and materials in connection with tbe performance of this A�reement and shail proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement
2. If the City terminates this Agreernent under the fore�oing paragraph, the City shaIl pay the �lrchitect
fox seivices performed in accordance herevvith prior io such tertriination, less such payments having
baen previously made. Such paym.ent sball be based upon the work completed up to t1�e date of
texmination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Architect shall also be compensated for all terminafion-arelated expenses such as
meeting attendance, document zeproduction, transfer of xecozds, etc.
3. Upon early. terminaiion ox conclusion of this Agreement, the Architect sk�all pxovide tki.e City
reproducible copies of all campleted or partiatly completed engineeri�g documents prepared under this
Agireement that shall become ihe property of the Ciiy 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 o#�er than the
project described in this Agreement.
�ECTION XII Il�TD�MNITY AND INSURANCE
1. Approval by the City of contract documents sha11 not constitute or be deemed to be a release of t�e
responsibiIity and liabiliiy of the Arehitect, its off'icers, agents, employees and Subconsultants, far the
accuracy and carnpetency of �lia servzces perfazm.ed under this Agzeement, including but not lnnited to
surveys, localion of subsurface investigations, designs, vvorking drawings and speciiacations and other
Engineering dociunents.
2. Such appzoval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent aet, error or omission in the cpnduct or preparation qf tha subswrface investigations,
surveys, designs, woxldng drawings and specifications and othar Engineering documents t�y the
Architect, its officers, agents, employees and Suhconsultants, it being Yhe intent a£ tha parkies that
approval by the City signifzes �}ae City's approval of only the general design concept of the
nnprovements to be consiructed.
3. In this connection the Architect shall indemnif�+ and hold the City and all its of�cers, agents, servants
and employees �harmless from any loss, daznage, liahility or expensas, on accaunt ot daana�e xn prnp�s-Ey
- � Page 5 of 10
10I3/2402 � ,
and injuries, including death, to all persans, zncluding but not Innz#ed to ofFicers, agenis, ar employees
af the Architect or Subcontractor, and all other persons perf'orn�ing any part o£ the woxk and
impravements, w'hich rnay arise out of any negligent act, ez-�or ox oznission in the performance of the
Azclaitec�'s professional services or in the preparation of designs, working drawings, specifications and
other docurnenfs. In no e�+ent shall the Architect be liable for consequ�nt�al damages.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its o:f�cers, agents, sezva�uts aud employees, oz any oi khem an account thereof, and shall pay all
expenses and satisiy all judgments vvhich may be incurred by or rendered against thezn arising out or
t�e indemni�icatinn; pxovided and except, however, tb.at this indennnifcatian provision shall not be
coas#rued as tequu-ing the Architect to indeinnify or hald the City or any of its officers, agents, servants
or �mployees harmless from any loss, damages, liability or expense, on account oF damage to property
or injuries to person caused by defecis ar deficienciss in design criteria and information futnished
Architect by City, or any deviation in canstruction from Architect's designs, working drawings,
speciiications or other documents,
5. Without limiting the above indemniry, Architect si�all maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Con:�mercial General Liability
Emplayers Liability Insurance
Bodily Injury
Wvzkers Conr�pensation
Covexage A: S#at�tory Iimits
$1,000,000 Per Occurrence
�soa,00a Each Accident
$soo,oao
$500,000
Covexage B: Employer's Liahility
Business Automobile
Ca�mbivation Si.ngle limits
Personal injury
Uninsured
Professional Liability Insurance
(Erroxs and Oxnaission.$)
PoIicy Lirnit
Bodily Injury by Disease, each employee
$100,000 each accident
$50�,000 diseasa - policy limit
$100,000 disease - each ernployee
$500,000 each accide�t
$2,500 each person
$saa,000 each accident
$1,DOO,O�Q Per claim
$2,OOQ,DQO Prqject aggregate
6. Architect shall furnish City a Certiiicate af Insurance in at least the above amounts. Cerhiinate shall
cantain a pxovision that such insurance cannat be canceled vs+ithout 30 days prior written notice to City.
The City reserves the right to revise insurance requirements specified in this agresmenf to tha best
interests of the City.
7. General Insurance Requirements
7.1. Commercial General Liab�lity coverage shall be endorsed to name the City an Additional Insured
thereon, as i#s interesfs may appear. The ter� City shall include its emplayees, af£'zcers, officials,
agents, and volunteers as respects the contracted services. —
P�ge6of10 �
10/3/2002
7,2. Certificate(s) of insurance sl�ll document that insurauce coverages specified are provided undez
applicable policies documented thereon.
7.3, Any failure on part of the City to r�quest rec�uired insutance documentatzan shall not constitute a
waiver of the insurance requirements.
7.4. A miniYnum of forty-five days not�ce of cancellation, non renewal or material cl�ange in cnverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non payment ai
premium. Such tarms shall be endarsed onto Architect's insurance policies. Natice shall ba sant to
the Facilities 11+[anagex, Transporta�ion and Pub�.c Wazks DeParbnea�,t, 1000 Throclanorton, Fort
Worti�, TX 7$102.
7.5. The City shall.not be �esponsible for the direct payment of any in.s�uance premivms required by this
agreement, If is understaod that insurance cos� is an allowable campanen,t of the Azchztects general
ovezlaead.
7.6. The City resezves ihe rigt�t to revi�e izisurance requirezn.ents specif ed in this agreement according to
the best interests of the City.
7.7. Ins�irers for all pa�icies rrnast be authorized to do husiness zn the state of Texas or be otherwise
approved by the City; and, such rnsurers shall be acceptable to the City in terms ai their financial
sh-ength and solveney.
7.$. Deductible limits, ar self-insured retentians, affecting insnrance reqrured herein may be acceptabl� to
t�ie City at its sola discretion; aud, in lieu of tratiitionai insurance, any alternative coverage
znain#ained through insurance pooIs or risk retention groups must be also approved. Dedicated
fmancial resources or letfers of credit may atso be acceptable to t1ze City.
7.9. The City shaIl be entitled, upan its request and withaut incurriug expense, to review the Architect's
ins�ance policies including eadoxsem�nts thereto and, at the Gity's discretion, tUe Azcbatect naay be
required to provide proof af insurance premium paymenis.
7.14. The City shall nat be responsible far the direct payment nf any insivance pxe�aiuxinns xequired by this
agreement. It is understood that insurance cost is an aTlowable component of Architect's indirect
overhe�si
7.11. All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence hasis.
7.12. The Professional Liability Policy shall be written on a"claims made" and sball be in effect far the
duratian pf this agleement and for 12 months follov�ring Architect's issuance o£ the Certi£tcate of
S�bstantial Completion. The Arahitect's current insnrer shall list the City ae a certificate holder
for a per�oc� af ten years %llowing the issvance of the Certificate of Substantial Complet�on by the
A�rc�aitect. The City shall be notified at least 30 days pxiax ta ca�ceilatian or substantial change in
cavexage.
7.13. Subconsultants to the Architect shall be required hy the Architect to maintaau the same or xeasonably
equivalent insurance co�erage, except for PraFessional Liab�lity Ins�zrance, as required for the
Architect. Architect sha1I provide Ciiy with docuffi�ntation thereof on certificates of iusura�nce, The
Arc�itect shall assure that Subconsultants pro�ide acceptable and appropriate levels of Professional �
Liability covexage or �liat tha Architect's aoverage provides coverage far the work oi the
Subconsultant Notwifilsstanding anytlzing to the contrary contained herein, in the event a
subconsultant's insurance coverage zs caucelad or terminated, such cancellation or termitiati.on shall
not constitute a bzeach by Arclzitect of the Agreement.
S. The City shall zequire the Genezal Confxactor to include fhe Architect as a Certificate Holdez the gen�ral
contractor's general Iiability insurance.
ARTICLE XIII i1�TDEMNITY PERTAINING TO fIAZARDOUS MAT�RIALS
�� ��,,r��
�. -. _
� Page 7 of ld -
10/3/2402 •
1. City acl�owledges Architect will perforcn part of tla�e wozk at Czty's facilities that xriay contain
hazardaus materials, including asbestos containing matarials, ar conditians, and that Architect had no
prinr role in th� generation,lreatment, storage, or dispositinn af such matezials. In cansideration of the
associa�ed risks that may give rise to claims by third parties or employees of City, City agrees in so far
as pernvtYed by law, to indernnify Archifect from any and a!1 lnsses, damages, claims, ar ac#ions
brvught by third party or eznployees of City against Architect or Architect's employees, agents, off�cers,
ar drrectars, in any way arising out of the presence of hazardous rnaterials aX conditions at City's
facilities, except for claims showu hy final judgment to arise out of the sole negligence of Architect.
The City shall defend at its own expense any suits of other proceedings bxought agazn.st the Architect
and its officers, agents, servants, and employees or any of them on account thereof: Nothing herein
shall be constcued so as to requize the City to Ievy oz assess any tax.
2. Tn connection with hazardous waste, incIuding petroleum prodnets, Cify agrees to the maximum extent
permitted l�y law to defend, hold harmless and indeznnify A�'chitect from and against auy and aIl clauns
and liabilities result7ng from City's violation of any federal, state or local statute, regulation or
ordinance xelai�ng ta the disposai o� hazaardous substances or consti�uents. Nothing hereia shall be
consln�ed so as to require the City to levy or assess any #ax.
3. The requirements contained in this Section s�all nnt apply if the Arehitect iniroduCes the hazardous
materials or conditions.
S�CTION XTV RIGHT TO AUDIT
Azchztect agr�es tl�.at the City shall, wo.til the expuation of three {3} }rears after fu�aI pa�nent under this
Agreement, have access to and the right to examine any directly pertinent boaks, documents, papers
and recnrds of the Architect involving transactians relating to this Agxeement, Architect agrees t'hat Yhe
Czty shaU have access duzi�g nomzal wozking houzs to all necessary Architect facilzties and sha1l be
pxovided adequate and appxopriaie wnrkspace in order io conduct aadits in compliance with the
provisions of this secrion. The City shall give Arclutect reasonable advance notice of intended audits.
2. Architect fiuti�er agrees to include in all �ts subcontracis hereunder a provision to the effect that the
subconsultant agrees that the City sha1l, until tlie expiration of three (3) years afi�er iinal pa�tnent �d�r
the subcontract, have access to and the right to ea�amine any directly pertinent books, docume�fs,
papers and records �f such su6consultant, involving transactions to the sul�coniiaet, and fiu�ther, that
City sha11 have access during narmal working hoius to all subcoasultant facilities, and shall be provided
adaquate and appropriate vvork space, in ordar to conduct audiis in compliance with �the provisions of
this artzcle. City sbali give subcansultant reasonable advance notic� of intended audits.
3. A.rcF�iteet and Subconsultants agree to photocopy such pzoject-related documents as may be requested
by the Ciiy. The City agrees to reimburse Architect and Subcon.sultant for the costs of copies at the
rata pnblished in the Texas Adnunis�ative Code.
SECTTON XV SUCCESSORS AND ASSIGNS
I. The City and the Architect each bind theinselves, their successors and assigns, to the other party to this
Agreement and to the suecessors and assigns of each othez paxty in respect to aII covenants of tb.is
Agreement.
SECTION XVI ASSIGNMENT
1. Neither party hereto skaIl assign, sublet or transfer its i.nterest �ierein without prior wri#en carisent vf
tne other party, and any attempted assignment, sublease ar transfer of all or any part hereof without
sueh prior written consent shall be void.
SECTION XVII INDEPENDENT ARCHITECT
1, Architect shall perform alI wark and servicas heraunder as an independent Architect, and not as an
officer, agent, sezvaut az- eznployee of the City. .A.rcl�itect shall ha�e �x�;;:s:t;=e r,nni:n� �f .�d *he
exclusive right to control the details of the work performed hereundeg, �,��� ul� p�s��a ��s�ur�'n�ng
Page 8 of IO '- �� �� � `'�
10/3/2Q02
same, and sha11 be solely responsible fnr the acts and omissions of its officexs, agents, empioyees and
Subconsultants. Notliing herein shall be can.sixued as creating a gart�nership ar joint venture betvs+een
the City and the Architect, its officers, agents, employees and Suhcpnsultants, and doctrine of
respondent superxor has no applicatia�. as betw�ean the City and t�e .A.rchiteet.
S�CTIQN XVIII MIWBE GOA�.S
i. �x accoxdance with City af Fort Warth Ordinance No. 11923, the City has goals for the participation of
minority business enterprises and woman business enterprises in City contracts. Architect
ac�owledges tha MI'WB� goal af 26°/a is estabJished for this contract and its commitment to meet that
goal. Any misrepresentation of facts (other than a negligent rnisrepresentation) and/or �he commission
af fzaud by Architect may result in terxn.inatioz� of this agreement and debarment frorn participating in
City contracts for a period of iime noi less than tbree years.
SECTION XIX OBSERVE AND CDMPLY
1. If pe:tz�n�itting authorifies require design cha�.ges sa as to cozu�pIy with published design criteria and/or
current engineering practice standards which the Architect should have been awate of at the time this
� Agreement was executed, the Architect s��a11 revi�0 plans and specificataons, as required, at its own cost
ax�d expense. However, if design changes are required due to ihe changes in the permitting auihorities'
published design criteria and/or practice standards criteria which are pvblished aftcr the date af tlais
Agteement w�.i.ch the Arckuitect could not have been reasonahly aware af, the Architect shall notify #he
City of such changes and an adjustmeni in compensation will be made through an amendmenP tn this
Agreement.
SECTION XX VENUE
1. Venue of any suit or cause of acfzon under this Agreem�nt st�all li� in Tartant County, Texas.
IN TESTTMONY THEREOF, the City oF Fore Worth has caused tius instrumsnt to bc signed in tciplacate in
its aaarne an.d on its behalf, by its City Manager and aitested by its City Secretary, with tbe Corporate Seal
affixed; and the Architect has aIso properly executed this insi�wnent in triplicate copies, each af which is
deemed an ariginal. � %j ] �
.T
�
Principal's�Name� ° 1
}�
GSBS t, Inc. `
.
Office ( resident or Vice-President}
APPROVAL RLCOMMENDED:
� ' �:
TEXAS, THIS�'v, day oi .'.,,, u.. A.D., _�,� '_
, _
By: �°� �' �.
Director,°�ransportation and Public Warks
.APPROVAL RECOMMENDED:
�
Directar, Parks and Cornmunity Services
APPROVED AS TO� RM AND LEGALITY:
By:
� �
�� Ci.ty Attomey
� Page 9 of 10
1 01312 0 0 2
APPR�VED�
-sy: 4 ►
Assistant 't�
RECORDE : �
By: '� �i/
�ity Secr�tary
e��a� t� _ .. _.
....:� . .�
��33�{����� �t��horix�tiOn
� � � � ��._. �_�.�.
.�;:�::�-:.�._ �_ .. --- •— - - �...�__
na��
Date;
a •
� �����
���'�' �����
,t`i; n�l,'i�.
-,. �
The Taxas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 3uite 107, Austin, Teacas, 78758, telephane (512) 3Q5-
9D00, has jurisdictian over individuals licensed under the Architact5' Regtsiration Law, Texas Civil Statutes, Article 244a.
10/312q02
Page 10 of 10
� i '' ��1 �
GSBS BATENHORST iNc
May 3, 2002 - revised October 25, 2002
Nancy Richardson
Registered Architect
Trans�ortation and Public Works Department
Facilities Management
909 Taylnr Street
Fort Worth, TX 76102
Re: Fee Proposal for Fort Warth Botanical Garden New Service Center — Phase One
Dear Ms. Richardson:
GSBS is pleased to present the follawing gee propasal for ihis first phase of design and canstx-uction
related services.
Our U�xderstr�nrl tlte Proiect Repuireinents to incla�de:
o (2} $4' x 92' pre-fabricated gajvanized steel/aluminum greenhouse structures
o A 56' x 84' shade area
� Ventilation, misting and hose hib u�ility connections thraughout the greenhouse area
• A head house including visitor entrance, t�aiziinglteaching room, public and employee toilet
rooms, employee locicers and storage
� A portion of the existing parking lot leased from the City wi11 serve as fhe area for this
proj ect.
Our Seaue of Worlc will i�xclurle:
o Meetings with you, your stafF and representative of the Botanical Garden staff ta ascertain
proj ect requir�ments and review drawings at Schematic Desigzl, Design Development and
Contract Documents.
o Tr7vo public nneetings
� Site n�aster plan af buildout of greenhouse faaility area.
� Civil Engineering including:
0 Grading and Drainage Plan and Speczfications
0 Utility Plazi
0 Erasion Control Plan- op�ional
o Site Planning including:
0 Site Base Plan for P�ase One
� Architecture to include:
0 Concept design of ihe Head House
0 Phase development of Floor plans, elevations, wall sections, details and schedules
0 Product Spacifications
• Structural Engineering including:
0 Foundation plan and Details for Greenhouses and Head House
0 Roof Framing 1'lan and Details for Head House
0 Wall design for Head House
� Mechanical and Eleetrical engineering including:
729f G��n�view DRiv�
fOR7 WPR7H
T�xns 76180
re� 817.589. Y 722
Fnx 817.595.2916
www.G5eS6.coM
ARCHITECTIkRE I LANo5CAPE ARCHITECTURE IINTERIOR �ESIGN IPLANNING
0 VentiIatzan o£ Crreenhouses
0 HVAC Systems £ar Head House
0 Domestic water for Crresnhauses and Head House
0 Sax�.itary �ewer for Head House
0 Lighting for Greenihouses and Head House
0 Power for Greenhouses and Head House
Furniture and Fixture Selection and Specifica�ion including:
0 Work Benches
0 Potti.ng Benches
0 Storage Racks
0 instructional Furniture
0 Recep�ion and Oifice Furniture
0 Records Storage
o Texas Accessi�ility Suhrcz�ittal and Review
Energy Code Documentation
Qur fees for this work will be $79,250. Thirty {3d%) percent of this fee will be contraated wiih MBE
certified consultants. Appropriate consultant informatian can be provided, if nee�ssary, o$ce we have
finalized terms vvith these consultants.
O,�tionr�l SetvYces
� Additional services will �e completed based on our norn�al hourly billing rates.
Reimhursable Expenses
Reimbursable expenses znclude the followia3g expenditures billable at actual cost plus ten percent (10%)
for handling. These expenses are in addition to the s�ipulated sum for Basic Services.
� Reproduction and Printing Costs
� Courier or aver-night delivery
� Texas Accessibiliiy Submittal, Revicw and Va�riax�ce Fees
Snecial Svstems
During the design pracess, should the tearn choose to explore alternative energy systez�s, rainwater
harvesting and starage, or ather systezx�s, we xnay xequire additional fees for our work or for other
consultants versed in these systems. ,
Accessibilitv
In accordance with the ,Archzteciural Barriers Act, ArticIe 9102, Texas Civi1 Statures, design professionals
are required to submit evasttucnon drav�rings prior to the start of cons�-uction on any facility where the
canstructian or ranovation cost exceeds $50,000. The doeuments are reviewed by the Te�s Department
of Licensing and Regulation for cornpliance with th� Texas Accessibi�ty Stat�dards, G�BS Batenharst
Ine. wi11 use reasonable professional efforts to interpret a�plieable Architectural Barriers Act information
as they apply to this project. GSBS Batea�horst Inc. will m�lce the subrnittal to a Licensed �Reviewer and
revise any drawings as necessary to receiv� drawring approval. Any construction costs ta revise or amend
errors or omissions associated with compliance �vith the Axchitectural Barriers Act will be bor�� by the
Building O�rner or Contractor. Upon compieti.on of construction, GSBS Batenhorst �rill prepare the
necessary paperwork associated with the inspection process on behalf of the Building Owner. The
Buzlding Owner shall make this submitial. All submi�tal and xeview fees are considered a reirnbursable
cost.
Ener;�v Code Comnlianee
Effective September 1, 2001, the Texas T�egislature adopted new requirements far the energy efficzency of
buiIdings. Any new or renovated construciion must comply as set forth in the 2000 IntematianaI Energy
Conversation Code with Supplezaaents. GSBS Batenhorst Inc. wzll use reasonable professional eiforts to
interpret this applicable Enexgy Conse7rvaiion Code as they apply to this praj ect. GSBS Batenhars� Inc.
wi11 camplete the necessary calculations and forms as applicable to the building envelope i�cluding
mechanical and elec�rical if included as a par� of the scope or wark of the project. Should the Owner
choose to engage the Mechanical and Electtrical design of tlae prajec#, tb.e Owner shall coordinate this
compliance with the Energy Code. Any construction costs to revise or amend error5 or omissions
associated with coanpliance wi�th the �nternational �nergy Canservation Code wi�l be born.e by the
Building Owr�er or Contractar.
S'urnr�ary and Acce�ta�ce
We shall consider a return of this let�er with your signatwre as aclrnowledging your acceptance of this
Agreement and our authorization to proceed with the work of this proj ect. If you hav� any questions, da
not hesitat� to call. -
�incer
i �
Thomas E. Bate or , AI�
GSBS Batenhorst Tnc.
Acc�pted by:
Nancy Richardson Date
�`ity of �o�t �'o�thg T'exas
1l�ay�or ��c� � o�.��i� � o���x�ic�.ti�r�
DAT� ft�FERENCE NUMBER LOG NAM� PAGE
1 �111Q2 **��1 g�'�� 20BOT
SUBJ�CT APPR4PRIATION ORDINANCE AND AWARD OF ARCH� �CTURAL
GSBS BATENHORST, INC. FOR THE DESIGN QF PRODUCTION
FACILITIES AT THE BOTANIC GARDEN
RECOMMENDATION:
It is recommended thaf fhe City Council:
1 of 4
CONTRACT TO
GREENHOUSE
1. Find that mat�rial changes in conditions have rendered use of the 1986 Capital Improvement
Program (CIP) funds �esignated far the de�elopment of th� Botanic Garden Demonsfration Garden
as imprudent; and
2. Authorize reprogramming of the r�maining funds fram the 1986 CIP - Botanic Garden
Demans�ration Gardens, ir� the amount af $280,049, ta the 1998 CIP - Botanic Garden Greenhouse
Devslapment project; and
3. Aufhorize the use of $250,000 from the Botanic Garden Parking Lot Lease Re�enue Account for
use in the Botanic Garden Greenhouse Development project; and
4. Adopt the atfached appropriation ordinance increasing estimated receipts and appropriations in th�
Special Trust Fund i� the amount of $250,00� from available funds; and
5. Authorize the City Manager to execute a design contract with 65GS Batenhorst, Inc. in the amount
of $74,750 far si�� master planr�ing af the greenhouse facilify area, and design and preparafion of
construction documents for Phase I developme�t.
DlSCUSSfON:
The 1998 C�P allocated $3D0,000 for the �evefopment of praduction greeni�ouses at �he Batanic
Garden. Additionally, the 1986 CIP allocated $3�0,000 for tt�e master planning and de�elopment of a
demonstrat�on garden in the vicinity of ti�e existing production greenhouses.
On �e�cember 19, '1989 (M&C C-12056), the City Council approved award of design services to Elbert
R. Spence, ArchitectlL�ndscape Architect in the amount of $55,23� for the rnaster plan design far tF��
Demor�s#ration Garden pro�ect. The $2.3 million estimated cost of campleting the Boianic Garden
Demanstration Garden today exceeds the amount allacated in the 1986 ClP. Due to a lack of funding to
cQmplete this project, it is nat prudent to proceed with the Demonstration Garden proj�ct as ar�ficipated
in the 198fi bond package.
Cll� Of FDi"� �OY�'�29 �P,JICaS
11�I���� �.�� �o����� �o���r��.ca�i��.
DATE REFERENCE NUMBER LOG NAME
� 011102 **��'9 9�7�
2�BOT
PAGE
2 of 4
sus��cr APPROPRIATIQN 4RDINANCE AND AWARD �F ARCHITECTURAL CONTRACT TO
GSBS BATENHORST, INC. FOR THE DESIGN OF PRODUCTfON GREENHOUSE
FACILITlES AT THE BOTANIC GARDEN
With the proposed reprogramming af the remaining $280,049 �less design, engineering and project
management fees) from fh� 1986 CIP Demanstration Garden projecf, coupled with the $300,000
a[located far tf�e '[998 CIP - Botanic Garden Greenhause project and th� aflocation of $250,000 from
lease revenue receipts, a total project budget of $83D,Q49 exists. The Parks and Community Service
Departmertt (PACSD) will be able to design and construct product€on greenhouses used for pla�t
material propaga#ion, coElection af rare and unusual plants for pubiic display, and plant species
collectian. A�ditionally, the proposed facility will provide educational facilities for the public to
experience hands-on dem�nstrations related to greenhouse operations and plant propagation and
maintenance, as well as pro�iding facili#ies for the vofunte�r labor force used in annual color production.
The proposed facility wjll consisf of two greenhouse structures, a plant shade area structure, a smaq
visifor area for training and ed�cation purposes, a staff adminisfrative area, resfroam facili#ies and
associated site improvements.
The production greenhouses will be relocated to the southwest cornar af the Botanic Garden grounds,
whicn will require usi�g the eastern poriion of the existing parking facil�ty currentfy under lease from the
City to Mid-Western Development and Rea[ty Campany for Lackheed Martin empfoyee parking. The
facility will be accessed aff the westbound f H-30 fronfage road west of University Dri�e. The relacation
af fhese facilities is in conformance with the Botanic Garden Masfer Plan. Additionally, reprogramming
of Demonstration Garden funds for the relocation and developmenf of the producti�n greenhouses will
enable accompiishment of a major component of the overall Demonstration Garden project scope.
in addition ta basie dEsign services, tf�e architect wifl prepare a master development plan for future
greenhouse facility improvements, prepare detailed cast estimates, perfarm boundary and tapographic
surveys, prepare construction documents and specifications for furnishings, and assist the City in
re�iew af product submittal and resolution of construcfion quality control issues.
GSBS Batenhorst, Inc. of Fort Worti� is being recommended by Bofanic Garden staff as the proj�ct
consultant d�e to its exper#isa and background in the area of green�ouse production design.
Transporta#ion and Public Works �epa�tment (TPW}, Archite�tural Services st�ff concurred with
PACSD's recommendation after re�iewing ihe qualifications of ar�hitects requesting to be eonsidered
far City projects.
The Fort Worth Garden Club and the �art Worth Botanical Society have endorsed the reprogramming
ofi Demonstration Garden funds for this project,
GS�S Batenhorst, Inc. is in compliance with the City's MIWBE �rdinance by committing ta 26°/fl
MIWBE participatian. The City's goal on tf�is project is 20%.
�ity of �'ort Worth, TTexas
l�I�.��� ��d �o����l �o���ur����t���
❑AT� RE�ERENCE NUMBER LOC NAME PAGE
1011102 **�.� ���0 20BOT 3 of 4
SUBJECT APPROPRIATION ORDINANCE AND AWARD QF ARCHITECTURAL C�NTRACT TO
GSBS BATENHORST, INC. FOR THE DESIGN OF PRODUCTION GREENHOUSE
FACILlTIES AT THE BOTANIC GARDEN
The proposed project budget is as follows:
Proiect Fundina
O 1986 CIP
� Lease Re�enue
� 1998 CIP
Ex�enditures
.
0
.
�
�
�
iotal �roject �udget
$280,049
�2�o,oaa
$300,004
$�30,049
$ 74,750
$ 15,477
$ 22,'IOD
$652,500
$ 29,350
$ 35.872
$�30,049
The project is scheduled ta praceed with design in October 2002, design consfruction documents
compl�ted, reviewed and adverkised for bid by April 2aQ3, and award for construction is anticipated in
.luiy 2003, Construction is scheduled to begin in September 2003, with project constructian campleted
by May 2004.
�ofal
Design Fee
TPWIPACSD Design Pnase Administration (1.9%}
Utilities and Tesfing
Utilities
Geatech
Water
Electrical
Survey
Environmental and materials testing
Telephone and compUter line instalfation
Security system
Construction Estimate
TPWIPACSD Construction Phase Proj�cf Managementllnspection
Construction Change Order Cantingency
The Botanic Garden is located in COUNC[L DISTRfCT 7.
�'ity o_ f '.�'o�t �o�th, T'exas
����r a�c� �������. C�m�.��i������.
DAT� RE�ERENCE NUMBER LOG NAME PAGE
1011102 *'���"� 9270 20BOT 4 af 4
su���cT APPROPRIATION ORDINA CE AND AINARD OF ARCHf �CTURAL CONTRACT T�
GSBS BATENHORST, INC. FOR THE DESIGN OF PR�DUCTION GREENHOUSE
FACILlTIES AT THE BOTANIC GARDEN
FISCAL INFORMATIONICERTIFICATION:
Th� Finance Director certifies that �apon appraval of the above recammendations and adoptian af t�e
attached appropriation ordinance, funds will be available in fhe current capital budget, as appropriated,
o� the Park and Recreation Improvements Fund and the Special Trust Fund.
MO:k
Sul�mitted for Ciky Maaager's
oFeice by:
Marc Ott
Originai�ng Department Head:
Robert Gaode
Fi7ND
(m)
4) FE72
847G �4} FEi2
4} �E72
7804
(fram)
5} GC05
I ACCOUNT I CEI�TER , AMOUNT
488104 p805p2101010 $ 35,oaa.ao
�88692 080502404010 $215,000.00
541200 0805Q210'f 010 $254,OOO.DO
541200 08p0504500'f 0 $ 74,750.00
CITX S�CRETARY
APPIZOVED ]0101/�2
ORD.# 15272
Additionat Informatian ContacY:
Mike Ficke 5746