HomeMy WebLinkAboutContract 46300 Cyr sEeRETA Q
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant,Denton,Parker,and Wise Counties,Texas,hereinafter called the
"City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and
O'Connor Architecture & Interior Design, Ltd., hereinafter called the "Architect", acting herein by and
through Raymond O'Conner, AIA, its duly authorized representative, for the purpose of providing
preliminary architectural design services for the proposed Crime Scene Special Unit Facility at the site of
the existing Crime Lab/Property Evidence Facility in Fart Worth,Texas.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained,City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Provide Preliminary Design Services for the proposed Crime Scene Special Unit
Facility at the site of the existing Crime Lab/Property Evidence Facility 3616 E.
Lancaster Fort Worth, TX. ("Project"). The scope of services is described more fully
in Attachment"A"of this Agreement.
SECTION It PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1.Project Manager:Ronald Clements,Registered Architect
1.2. Architect
1.2.1.Principal in Charge:Raymond M. O'Connor,AIA
1.2.2.Project Manager: Raymond M. O'Connor,AIA
1.2.3.Project Architect: Raymond M.O'Connor,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 Projects
and review available data.
2. Architect agrees to commit the personnel to each Project 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 Projects 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.
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4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance,
5. The Architect shall perform services as outlined in the O'Connor Architecture&Interior Design,Ltd.
Letter dated December 15, 2014 which is attached hereto as Attachment"A" and made a part of this
Agreement.
6. 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.
Architect shall not perform any additional services without a written agreement with City. Any services
provided prior to reaching an agreement on additional fees will be non-compensable.
7. Architect shall apply for building permits and provide such service as may be necessary for the building
permits to be issued. The City shall pay any fees for such Building Permits.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City,Architect shall furnish or obtain fi•om others special services necessary
to complete the Projects. These special services are not included as part of the Basic Services outlined
in SECTION I-SERVICES OF THE ARCHITECT and Attachment"A." These special services will
be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect to complete the Projects
as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and Attachment"A"
hereof shall be $46,800.00, hereinafter referred to as the "total fee," plus up to $1,400.00 in
reimbursable expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
2.1 Conceptual Design Options and Opinion of Probable Cost (40%)
2.2 Pre-Final Conceptual Design Option and Opinion of Probable Cost (80%)
2.3 Final Conceptual Design, Opinion of Probable Cost and Acceptance by the City (100%)
2,4 Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses
include:
1,1.1.Printing Costs
1.1.2.Enhanced CAD drawings for public and City meetings.
1.1.3.Long distance phone calls
l.1.4,Postage and courier expenses
1.1.5.Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
I. The Construction Budget for the Project is estimated at$2.000.000.00. 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
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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 80%of the total
fee plus allowable reimbursement.
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.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect,such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Projects until completion. If City fails to make any payment required herein for services
and reimbursable expenses within sixty days after approval of Architect's statement thereof,Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Preliminary Design Phase:
I.I. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative floor plans, architectural concepts, and finish plans and area-based cost
estimates.
2. All designs,drawings,specifications,documents, and other work products of the Architect,whether in
hard copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse,change,or alteration by the City or by others acting through or on behalf of
the City of any such instruments of service without the written permission of the Architect will be at the
City's sole risk. The City shall own the final printed designs,drawings, specifications and documents.
Transfer of ownership of the contract documents does not constitute sale of the documents.
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Projects.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Projects and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon public
and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the Projects
for the purposes of transmitting instructions, receiving information, interpreting and defining City's
policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
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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.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph,the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
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
I. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and consultants, 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 consultants,it being the intent of the parties that approval
by the City signifies the City's approval of only the general design concept of the improvements to be
constructed.
3. In this connection the Architect shall indemnify and hold the City and all its officers, agents,servants
and employees harmless from any loss,damage,liability or expenses,on account of damage to property
and injuries,including death,to all persons,including but not limited to officers,agents,or employees
of the Architect or consultant,and all other persons performing any part of the work and improvements,
which may arise out of any negligent act, error or omission in the performance of the Architect's
professional services or in the preparation of designs, working drawings, specifications and other
documents.
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4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers,agents,servants
or employees harmless from any loss,damages, liabllity or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A:Statutory limits
Coverage B:Employers Liability Insurance
$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 Per claim
$2,000,000 Annual aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to City.
The City reserves the right to revise insurance requirements specified in this Agreement to the best
interests of the City.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term"City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Ceitificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of thirty days notice of cancellation or non-renewal in coverage shall be provided to the
City. A ten days notice shall be acceptable in the event of non-payment of premium. Such terms
shall be endorsed onto Architect's insurance policies. Notice shall be sent to the Facilities Manager,
Transportation and Public Works Department, 1000 Throckmorton,Fort Worth,TX 76IO2.
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7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
Agreement. It is understood that insurance cost is an allowable component of the Architect's general
overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits,or self-insured retentions,affecting insurance required herein may be acceptable to
the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled,upon its request and without incurring expense,to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion,the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a"claims made"and shall be in effect for the
duration of this Agreement and for 12 months following Architect's issuance of the Certificate of
Substantial Completion. The Architect's current insurer shall list the City as a certificate holder
for a period of six years following the issuance of the Certificate of Substantial Completion by the
Architect. The City shall be notified at Ieast 30 days prior to cancellation or non-renewal in
coverage.
8. The City shall require its General Contractor to include the Architect as an additional insured on its
general liability insurance.
SECTION X11 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 fiom 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,contaminant,or asbestos onto the Projects.
SECTION X111 RIGHT TO AUDIT
1. Architect agrees that the City shall,until the expiration of three(3)years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall,until the expiration of three(3)years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books, documents,
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papers and records of such subconsultant, involving transactions to the subcontract, and further, that
City shall have access during normal working hours to all subconsultant facilities,and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the provisions of
this article. City shall give subconsultant reasonable advance notice of intended audits.
3. Architect and consultants agree to photocopy such project-related documents as may be requested by
the City. The City agrees to reimburse Architect and consultants for the costs of copies at the rate
published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves,their successors and assigns,to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall Perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers,agents, employees and
consultants. Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent
superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS
1. THIS SECTION IS NOT APPLICABLE FOR THIS PRELIMINARY DESIGN.
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and with
all City ordinances and regulations which in any way affect this Agreement and the work hereunder,
and shall observe and comply with all orders,laws,ordinances and regulations which may exist 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 its officers, agents and employees from and against all claims or liability
arising out of the violation of any such order,law,ordinance,or regulation,whether it be by itself or its
employees.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted,at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
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United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not,in any form or manner,he considered a third party beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fillfillment of its own contracts or commitments,
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.
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EXECUTED IN TIM CITY OF FORT WORTH,TEXAS,THIS day o A.D.,2014.
O'Connor Architecture&Interior Design,LTD. APPROVED:
By: By:
AakWond M. O'Connor,AIA Fernando Costa
Principal Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:'!��By: '" , By: IV L S
Douglas W.Wiersig,PE,Director Mary J.Kaiser
Transportation and Public Works Department t(5-\- City Secretary op
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o
APPROVED AS TO FORM AND LEGALITY: M&C C Not Required ®��
Contract Authorization
S
By: ®�%6 o�
Grant.Iordano.
Assistant City Attorney
The Texas Board ofArchilectural 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,Arlicic 249a.
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I
O'CONNOR ARCHITECTURE
& INTERIOR DESIGN LTD
December 15,2014
Mr. Dalton Murayama,AIA
Architectural Services Manager
The City of Fort Worth
401 West 13th Street
Fort Worth,Texas 76102
Re; Preliminary Design Services for the proposed Crime Scene Special Unit Facility at the
site of the existing Crime Lab/Property Evidence Facility 3616 E. Lancaster Fort Worth,TX.
Dear Mr.Murayama,
Pursuant to our conversations and your requests,attached is our proposed outline of services and
consultants as well as compensation level for architectural services.
OA&ID's team approach with onsite workshops will help maximize the City's input while helping to
develop a state-of-the-art CSSU Facility.
For this project we have Crime Lab Design for some CSSU consulting,and Riddle&Goodnight for
construction cost estimating services.
We understand that the schematic plans and cost estimates need to be complete by approximately
mid-February,2015. Our A/E services include: Program Development(sometimes called
programing),schematic design/site planning/specialized equipment/specialized HVAC
recommendations,and construction cost estimating.
Currently the project is projected to be approximately 11,000 sq.feet with parking and in the
$2,000,000.00 cost range and will be located on City property at the Crime Lab/Property Facility site
on East Lancaster.
The consultant team will program all significant equipment and plan for these components in a
manner consistent with this level of design;this includes recommendations as to the most current
industry standards and all systems normally found in this type of facility.The design team will also
conduct code research for both zoning and building code issues to insure the preliminary plan
meets the current requirements of the City of Fort Worth Development department.
Based upon the above understanding of the scope of work for the facility our fee for services is
$46,800.00. Estimated reimbursable expenses for design document presentation and printing is Ir
$1400.00.
I hope we have understood all the needs of the City concerning this important project,and if you
need any other information, please call.
Sincerely,
Raymond M.O'Connor,AIA
O'Connor Architecture&Interior Design, Ltd
Principal
304 main street fort worth,texas 76102
ph (817) 877 0691 fax (817) 877 4093 www.oaid.net