HomeMy WebLinkAboutItem 05 - Golf Course Restroom FacilityMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER 40,
MEETING DATE: AUGUST 6, 2001
SUBJECT: AWARD OF ARCHITECTURAL/ENGINEERING DESIGN
SERVICES CONTRACT — GRAPEVINE GOLF COURSE,
BLUEBONNET NO.4 - RESTROOM FACILITY
RECOMMENDATION:
City Council consider (1) ratifying a preliminary Architectural/Engineering Design
Services Contract for the construction of Bluebonnet No. 4 Restroom Facility in the
amount of $4,350 to SG Design, Inc., and (2) awarding a subsequent
Architectural/Engineering Design Services Contract in the amount of $10,775.00 to SG
Design, Inc. for a total design fee of $15,125.00, and authorize staff to execute said
contract and take any necessary action.
FUNDING SOURCE:
BUDGET
Planning/Design $ 17,000.00 8.7%
Construction 165,000.00 84.6%
Owner Direct Expenses 5,000.00 2.6%
Contingency 8.000.00 4.1%
TOTAL $195,000.00 100.0%
1998 Golf Bonds $195.000.00 210-48840-341-2
TOTAL $195,000.00
BACKGROUND:
On April 3, 2001 Staff approved a contract to begin design of the Bluebonnet course,
Hole No. 4 Restroom Facility to SG Design, Inc. in the amount of $4,350. This Task
Order released critical path portions of the work including: Architectural Design
Development, Civil Topography Plan and Soil Test Borings. This proposed contract
July 30, 2001 (9:26AM)
comprises the full scope of the project and includes preparation of construction and bid
documents and specifications, Civil, Structural, Mechanical, Electrical and Plumbing
Engineering design and Construction Administration.
Staff recommends approval.
N
July 30, 2001 (9:26AM)
M�A
WW
.J
SIOD"lon, Inc,
Task Order to Begin Consulting Services
Task Order No: Grapevine-RR13-001.wpa
Tuesday, April 03, 2001
Jerry L. Hodge
City of Grapevine
501 Shady Brook Dr.
Suite
Grapevine, Texas 76051
PROJECT: Grapevine: 13th Hole Restroom
1. Scope of Services:
The full scope of services this project will be outlined in the Owner/Architect contract and outlined in
Attachment A: Fee Structure. The intent of this task order is to release critical path portions of the work
including: Architectural Design Development, Civil topography plan, Soil Test Borings.
2. Period of Performance:
Services shall start as of the date of approval and shall be completed as required.
3. Compensation:
Compensation to be: Lump Sum plus reimbursables at 1.1 times direct cost. Invoices will be issued at
the 15th and/or 30th day of each month and at the completion date of each task. Net due upon 30 days
of issue of invoice. Invoices past due forty five days will incur the then legal interest rate. SGDesign,inc.
maintains ownership of all data files, Images, and copyrights.
Architectural Design Development Fee: $ 1,35et—
Civil Topography Fee; $1,500
Soil Test Core Borings: $1,500
Portion of Total Architectural/Engineering Fee: $4,350
4. Additional Services/Reimbursables:
Additional Services for design changes, modifications, etc. will be billed at hourly rates where requested.
Reimbursables will be billed at 1.1 times direct cost for printing, plotting, media, courier, long distance
phone, long distance travel and travel time, etc. Pricing for in house plotting/printing available as
requested.
SGDesign, Inc. Client: City of Grapevine
Signature Signature:
Th s W.
Chapman Jerry ge
Date: Date: 3 14 -AUL X-00 t
SGDesign, Inc. 3311 Elm Street, Suite 105, Dallas, Texas 75226 (2114) 742-6044 fx: (214) 742-6041
E -Mail: tchapman@successivegraphics.com Web Page; http://www.successivegraphics.com
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NATIONAL CONSTRUCTION LAW CENTER, INC.
CONTRACT FOR ARCHITECTURAL SERVICES
BETWEEN
OWNER AND ARCHITECT
NCLC DOCUMENT 1
1994 EDITION
These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific
situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented
where appropriate in order to address specific contractual concerns.
The Internal Services Division of the Public %Yorks Department of the City of Grapevine in October of 1998 has revised these.contract documents. These
contract documents have been reviewed and approved by the City Attorney's office.
This CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT (the
"Contract") is made and entered into by TNF CITY OF GR APFVINF (the "Owner') and SCt nPSTGN INC (the
"Architect"). This Contract is executed under seal and shall be effective on the date executed by the last party to execute it.
The architectural services required by this Contract are to be rendered for a construction project identified as: CM
OFCRAPF'xTTNFI\fTTNIC'TAT ,()T.F(-C)TTRSF.,RT.TTFRC)NNFTNO 4RFSTRC)C)NTFACTTTn (the "Project").
NOW, THEREFORE, in consideration of the agreements stated herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the Owner and the Architect agree:
1.
REPRESENTATIONS
By executing this Contract, the architect to the best of its knowledge, information and belief makes the follo-,ving
representations to the Owner:
(A) The architect is professionally qualified to act as the architect for the Project and is licensed to practice architecture
by the State of Texas;
(B) The Architect shall maintain all necessary- licenses, permits or other authorizations necessary to act as architect for
the Project until the Architect's duties hereunder have been fully satisfied;
(C) The architect has become familiar with the Project site and the local conditions as represented by the Owner under
which the Project is to be designed, constructed, and operated;
(D) The Architect shall prepare all documents and things required by this Contract including, but not limited to, all
contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for construction
and shall be in conformity and comply with all applicable law, codes and regulations to the best of the Architect's knowledge;
(E) The Architect assumes full responsibility to the Owner for any negligent acts and omissions of its consultants or
others employed or retained by the Architect in connection with the Project.
2.
PRELIMINARY CONSULTATION, EXAMINATION AND REPORT
Prior to the preparation of the Preliminary Design as required by Paragraph 3 below, the Architect shall first consult
NCLC DOCUNt&uT i • CONTRACT FOR ARCHITECTURAL SERVICES BFM�EEN OW NER A,\D ARCHITELT • 01994
NATIO\AL CONSTRUCTION L W C&\TER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343
in detail with the Owner, and shall carefully examine any information provided by the Owner concerning the Owner's
purposes, concepts, desires and requirements (the "Owner's Criteria"), including but not limited to, any design, construction,
scheduling, budgetary or operational Project needs, restrictions or requirements. Following such examination, the Architect
shall prepare and submit to the Owner a written report detailing the Architect's understanding of the Owner's Criteria and
identifying any design, construction, scheduling, budgetary, operational, or other problems or recommendations which may
result from the Owners Criteria. The written report of the Architect shall also include proposed solutions, if appropriate,
addressing each of such identified problems.
3.
PRELIMINARY DESIGN AND PRICE ESTIMATE
After reviewing with the Owner the written report required by Paragraph 2 above, agreeing upon any proposed
solutions to identified problems resulting from the Owner's Criteria, the Architect shall draft and submit to the Owner a
Preliminary Design for the Project. The Preliminary Design shall be consistent with the Owner's Criteria, as, and if,
modified, and shall include the following:
(A) Preliminary plans which depict as appropriate each of the basic aspects of the Project including, but not necessarily
limited to, the size, location and dimensions of each structure;
(B) Preliminary plans which depict each exterior view of each structure;
(C) A floor plan for each room within the Project and the dimensions thereof;
(D) Written preliminary specifications, together with preliminary plans, if and as necessary or useful to the Owner, of the
architectural, electrical, mechanical, structural and, if relevant, other systems to be incorporated in the Project;
(E) A written description of the equipment and materials to be specified for the Project and the location of same; and
(F) Any other documents or things necessary or appropriate to describe and depict the Preliminary Design and the
conformity of same with the Owner's Criteria (as, and if, modified as set forth above) for the Project. Upon completion of
the Preliminary Design, the Architect shall submit to the Owner in writing, its Opinion of Probable Construction Cost for
constructing the Project in accordance with the Preliminary Design.
4.
DESIGN FOR CONSTRUCTION
Upon written direction from the Owner, after reviewing with the Owner the Preliminan Design required by
Paragraph 3 above, and after incorporating any changes or alterations authorized or directed by the Owner with respect to
the Preliminary Design or with respect to the Owner's Criteria, as, and if, modified, the Architect shall draft and submit to
the Owner the Design for Construction. The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe with specificity all systems, elements, details, components, materials, equipment, and
other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects
adequate for construction and shall be in conformity, and comply, with all applicable law, codes and regulations to the best
of the Architect's knowledge. Products, equipment and materials specified for use shall be readily available to the best of the
Architect's knowledge unless written authorization to the contrary is given by the Owner. In preparing the Design for
Construction, the Architect shall fully coordinate with the a,,ner's geotechnical engineering consultant to incorporate
geotechnical evaluations and considerations relating to the design and construction of the Project. The Architect shall be
responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical consultant.
5.
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FINAL OPINION OF PROBABLE CONSTRUCTION COST
Contemporaneously with the submission of the Design for Construction, the Architect shall submit to the Chvner in
writing its final Opinion of Probable Construction Cost for budgeting construction of the Project. Once submitted, the final
anticipated price budget shall not be increased or decreased by the Architect unless the Design for Construction is changed
upon authorization by the Owner. In such event the final Opinion of Probable Construction Cost shall be adjusted by the
Arclutect to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction.
G.
EXCEEDING AN ESTABLISHED "MAXIMUM PRICE"
Prior to directing the Architect to proceed with preparation of the Design for Construction, the Owner may establish
and communicate to the Architect a maximum amount for payment to the contractor as the Contract Price for constructing
the Project (the "Maximum Price") which will be mutually agreed upon by both Owner and Architect. In the event the
Architect's final Opinion of Probable Construction Cost as required by Paragraph 5 exceeds the Maximum Price, or in the
event the lowest bid or negotiated proposal from a qualified contractor exceeds the Maximum Price, the Owner may require
the Architect, at no cost to the Owner, to consult with the Owner and to revise the Design for Construction so as to obtain
a bid or proposal at or below the Maximum Price.
7.
DUTIES, OBLIGATIONS AND RESPONSIBILITIES DURING CONSTRUCTION
During construction of the Project, and at all times relevant thereto, the Architect shall have and perform the
following duties, obligations, and responsibilities:
(A) In addition to its duties, obligations and responsibilities set forth in the following subparagraphs of this Paragraph 7,
the Architect shall have and perform those duties, obligations and responsibilities set forth in the NCLC Fixed Price
Construction Contract Between Owner and Contractor ("the Construction Contract"), 1994 edition. The Architect hereby
acknowledges that it has received, reviewed and studied a true and correct unexecuted copy of the Construction Contract
and same is herein incorporated by reference;
(B) The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and
be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the Contractor shall be given to the Contractor by the Architect;
(C) Upon receipt, the Architect shall review the Contractors Application for Payment, together with any supporting
documentation or data which the Owner or the Architect may require from the Contractor. The purpose of such review
and examination shall be to protect the Owner from an unbalanced Application for Payment which allocates greater value to
certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the
circumstances. If the Application for Payment is not found to be appropriate, or if the supporting documentation or data is
deemed to be inadequate, and unless the Owner directs the Architect to the contrary in writing, the Application for Payment
shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the
Application for Payment is found to be appropriate as submitted, or if necessary, as revised, the Architect shall sign the
Application for Payment thereby indicating its informed belief that the Application for Payment constitutes a reasonable,
balanced basis for payment of the Contract Price to the Contractor. The Architect shall not sign such Application for
Payment in the absence of such belief unless directed to do so, in writing, by the Owner,
(D) The Architect shall carefully observe the work of the Contractor whenever and wherever necessary, and shall, at a
minimum, observe the work at the Project site no less frequently than twice during duration of the Project. The purpose of
such observations shall be to determine the quality and quantity of the work in comparison with the requirements of the
Construction Contract. In making such observations, the Architect shall protect the Owner from continuing deficient or
defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each
observation the Architect shall inform the Owner of such observation, together with any appropriate comments or
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recommendations, to the Owner;
(E) The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's
observations at the site as provided in the Subparagraph (D) and on the data comprising the Contractor's Application for
Payment, that to the best of the Architect's knowledge, information and belief, the Work has progressed to the point
indicated and the general quality of `Fork is in accordance with the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results
of subsequent tests and inspections to minor deviations form the Contract Documents correctable prior to completion and
to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the contractor has used money
previously paid on account of the Contract Sum;
(1) The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work;
(G) The Architect shall reject in writing any work of the Contractor which is not in compliance with the Construction
Contract unless directed by the Owner, in writing, not to do so;
(1-1) The Architect shall require inspection or reinspection and testing or retesting of the work in accordance with the
pro�-isions of the Construction Contract whenever appropriate;
T The Architect shall receive and promptly examine, study, and approve, or othencise respond to, the Contractor's
shop drawings and other submittals. Approval by the Architect of the Contractors submittal shall constitute the Architect's
representation to the Owner that such submittal is in conformance with the Construction Contract;
Q) The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance width information given
and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing
sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities
or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of
which remain the responsibility of the Contractor to the extent required by the Contract Documents, The Architect's review*
shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction
means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. When professional certification of performance characteristics
or materials, systems or equipment is required by the Contract Documents, the architect shall be entitled to rely upon such
certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract
Documents;
0h� The Architect shall receive and promptly examine and advise the Owner concerning requests for change orders from
the Contractor. Upon request by the Owner, the Architect shall draft Change Orders, whether initiated by the Owner, or by
the Contractor and approved by the Owner, in accordance with the Construction Contract;
(L) The Architect shall conduct observations to determine the date or dates of Substantial Completion and the date of
final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related
documents required by the Contract Documents and assembled by the Contractor and shall issue a final Certificate for
Payment upon compliance with the requirements of the Contract Documents;
(NL) The Architect shall transmit to the Owner all manuals, operating instructions, as -built plans, warranties, guarantees
and other documents and things required by the Construction Contract and submitted by the Contractor;
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(N) The Architect shall testify in any judicial proceeding concerning the design and construction of the Project when
j requested in writing by the Owner, and the Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims,
contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the Project. Such
testimony shall be compensated according to Section 11B of this contract unless necessary or required due to an error or
omission by the Architect;
(0) The Architect shall review any as -built drawings furnished by the Contractor. The Architect shall provide to the
Owner within (60) sixty days of the acceptance of the project one (1) set of Reproducible `Record Drawings" and one (1)
electronic digital file of the construction drawings in AutoCAD format. These drawings are for record purpose only and
shall not be modified or used for any other project without the written permission of the Architect and with appropriate
compensation to the Architect.
(P) The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or
conflicts in the work product of the Architect or its consultants, or both.
The Architect shall indemnify and hold hamiless the Owner from and against all liability, claims, loss, costs and
expense arising out of, or resulting from, the negligent acts, errors or omissions of the Architect's services. In the event the
Owner is alleged to be liable on account of alleged acts or omissions, or both, of the Architect, the Architect shall indemnify
against such allegations through counsel chosen by the Owner and the Architect, if found to be liable and recoverable by
law, shall bear all costs, fees and expenses of such defense, including but not limited to, all reasonable attorneys' fees and
expenses, court costs, and expertwitness fees and expenses.
9.
SCHEDULE
Time is of the essence in the performance of this Contract. CUithin seven (7) days of the execution hereof, the
Architect shall provide the Owner with a proposed schedule for performance by the Architect hereunder. Such schedule, if
approved by the Owner, shall constitute the schedule for performance of its duties hereunder by the Architect.
10.
PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the Project. At the time of
execution of this Contract, the parties anticipate that the following named companies will perform those functions indicated:
EW —1_
So long as the individuals named above remain actively employed or retained by the Architect, they shall perform the
functions indicated next to their names.
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NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLkNTA, GEORGIA 30343
11.
PAYMENTS
For its assumption and performance of the duties, obligations and responsibilities set forth herein, the Architect shall
be paid as follows:
(A) See Attached Fee Schedule;
(B) For the assumption and performance of any duties, obligations and responsibilities other than those services required
by this Contract, provided same are first authorized in writing by the Owner, the Architect shall be paid as follows: As per
Attached Schedule;
(C) In addition to the payments provided for hereinabove, the Architect shall be entitled to receive payment for
reasonable expenses incurred by the Architect in connection with the Project. Such expenses, however, are limited to
transportation, long-distance calls, actual cost of copying and postage or other reasonable mode of transmission of plans,
specifications and other writings or things, and any and all other disbursements made by the Architect after first receiving
written authorization therefor from the Owner;
(D) If the Architect's duties, obligations and responsibilities are materially changed through no fault of the Architect after
execution of this Contract, compensation due to the Architect shall be equitably adjusted, either upward or downward;
(E) As a condition precedent for any payment due under this Paragraph 11, the Architect shall submit monthly, unless
otherwise agreed in writing by the Owner, an invoice to the Owner requesting payment for services properly rendered and
expenses due hereunder. The Architect's invoice shall describe with reasonable particularity each service rendered, the date
thereof, the time expended if such services were rendered pursuant to Subparagraph (B) or (D) hereinabove, and the
person(s) rendering such service. The Architect's invoice shall be accompanied by such documentation or data in support of
expenses for which payment is sought as the Owner may require. If payment is requested for services rendered by the
Architect pursuant to Subparagraph (A) hereinabove, the invoice shall additionally reflect the allocations as provided in said
Subparagraph and shall state the percentage of completion as to each such allocation. Each invoice shall bear the signature
of the Architect, which signature shall constitute the Architect's representation to the Owner that the services indicated in
the invoice have reached the level stated, have been properly and timely performed as required herein, that the expenses
included in the invoice have been reasonably incurred in accordance with this Contract, that all obligations of the Architect
covered by prior invoices have been paid in full, and that the amount requested is currently due and owing, there being no
reason known to the Architect that payment of any portion thereof should be withheld. Submission of the Architect's
invoice for final payment shall further constitute the Architect's representation to the Chvner that, upon receipt by the
Owner of the amount invoiced, al) obligations of the Architect to others, including its consultants, incurred in connection
with the Project, will be paid in full;
(F) In the event that the Owner becomes credibly informed that any representations of the Architect as set forth in
Subparagraph (E) are wholly or partially inaccurate, the Owner may withhold payment of sums then or in the future
otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the Owner's reasonable
satisfaction;
(G) The Owner shall make payment to the Architect of all sums properly unvoiced under the provisions of this Paragraph
11 within thirty (30) days of the Owner's receipt of such invoice.
12.
PROJECT RECORDS
All records relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the
possession of the Architect or the Architect's consultants, shall be made available to the Owner for inspection and copying
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0") upon written request of the Owner. Additionally, said records shall be made available, upon request by the Owner, to any
state, federal or other regulatory authorities and any such authority may review, inspect and cop), such records. Said records
include but are not limited to alllans specifications, submittals correspondence, minutes memoranda tae recordings,
p � p p P s, g
videos, or other writings or things which document the Project, its design, and its construction. Said records expressly
include those documents reflecting the time expended by the Architect and its personnel in performing the obligations of
this Contract and the records of expenses incurred by the Architect in its performance under said Contract. The Architect
shall maintain and protect these records for no less than five (5) years after final completion of the Project, or for any longer
period of time as may be required by applicable lav or good architectural practice.
13.
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE OWNER
The Owner shall have and perform the following duties, obligations and responsibilities to the Architect:
(A) The Owner shall provide the Architect with the Owner's Criteria;
(B) The Owner shall review any Documents provided by or through the Architect requiring the Owners decision, and
shall make any required decisions;
(C) The Owner shall, at its own expense, furnish a legal description and any necessary survey of the real property upon
which the Project is situated,-
(D)
ituated;
(D) As may be mandated by law or called for by the Construction Contract, the Owner shall, at its own expense, provide
for all required testing, inspections (except for those inspections expressly required of the Architect herein), filings, studies
or reports;
(E) In the event the Owner learns of any failure to comply with the Construction Contract by the Contractor, or of any
errors, omissions or inconsistencies in the work product of the Architect, and in the further event that the Architect does not
have notice of same, the Owner shall inform the Architect;
(F) The Owner shall afford the Architect access to the Project site and to the Work as may be reasonably necessary for
the Architect to properly perform its services under this Contract;
(G) The Owner shall perform its duties set forth in this Paragraph 13 in a timely manner,
(II) Except for documents requiring the Owner's decision as set forth in Subparagraph 13(B) above, the Owner's review
of any documents prepared by thq,Architect or its consultants shall be solely for the purpose of determining whether such
documents are generally consistent with the Owners Criteria, as, and if, modified. No review of such documents shall
relieve the .architect of its responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product.
14.
APPLICABLE LAW
The law applicable to this Contract is hereby agreed to be the law of the State of Texas, County of Tarrant where the
Project is situated.
15.
OWNERSHIP OF THE PRELIMINARY DESIGN
AND THE DESIGN FOR CONSTRUCTION
The Prelinunary Design and the Design for Construction shall become and be the sole property of the Owner for
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use with this project alone. The Architect may maintain copies thereof for its records and for its future professional
endeavors.
Neither the Preliminary Design nor the Design for Construction are intended by the Architect for use on other
projects by the Owner or others. Any reuse by the Owner or by third parties without the written approval of the Architect,
shall be at the sole risk of the Owner and the Owner shall indemnify and save harmless the Architect from any and all
liability, costs, claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, such reuse.
16.
SUCCESSORS AND ASSIGNS
The Architect shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its
duties hereunder without the written consent of the Owner. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
17.
NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any
third party.
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18.
e ERRORS AND OMISSIONS INSURANCE
The Architect shall maintain the following errors and omissions insurance at all times this Contract is in effect and
for a period of two (2) years after final completion of the Project:
Professional Liability coverage of not less than $1,000,000.00 single limit.
The coverage provided herein shall contain an endorsement providing sixty (60) days notice to the Owner prior to
any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the Owner and shall be in a
form acceptable to the Owner.
(Here insert insurance requirements,)
19.
OTHER INSURANCE
Architect, at Architect's sole cost, shall purchase and maintain the following minimum insurance during the term
of this Contract:
(A) Worker's Compensation as required by Texas law.
(B) Comprehensive General Liability Insurance, including Contractual Liability, covering, but not limited to, the
liability assumed under the indemnification provisions of this Contract, fully insuring Architect's liability for injury or
death of City's employees and third parties, extended to include personal injury coverage, and for damage to City's
existing property and property of third parties, with the minimum limits for each occurrence of $300,000.00.
(C) Where Architect intends to use motor vehicles at the project site, Comprehensive Automobile and Truck Liability
Insurance, covering owned, hired, and non -owned vehicles, with the rninirnum limits of $300,000.00 per occurrence for
bodily injury and property damage.
(D) The cost of all insurance required herein to be secured and maintained by Architect shall be borne solely by
Architect, with certificates evidencing such minimum coverage in force to be filed with the City. Such certificates shall
provide that City shall receive 30 days prior written notice of any cancellation, change or reduction in coverage. The City
of Grapevine shall be listed as an additional insured on all Certificates of Insurance.
(Here insert other insurance requirements.)
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20.
TERMINATION
(A) Either party hereto may terminate this Contract upon giving seven (7) days' written notice to the other in the event
that such other party substantially fails to perform its material obligations set forth herein;
(B) This Contract may be terminated by the Owner ,%ithout cause upon seven (7) days' written notice to the Architect.
In the event of such a termination without cause, the Owner shall pay the .Architect for all services rendered prior to the
termination, plus any expenses incurred and unpaid which would otherwise be payable hereunder. In such event, the
Architect shall promptly submit to the Owner its invoice for final payment which invoice shall comply with the provisions of
Paragraph 11.
21.
ENTIRE AGREEMENT
This Contract constitutes the entire and exclusive agreement between the parties with reference to the Project and
supersedes any and all prior communications, discussions, negotiations, understandings, or agreements.
[Seal]
(SIG.\'AnT,E)
(PRI.\7-ED,N:,L%fE, TM -B &ADDRESS)
PA7E of EXECL-no,\) -
O:\Construction\Contract AE
ARCHITECT-
THOMAS W. CHAPMAN ; PRESIDENT
(PIUN7ED i\ANIE, TM -E C. ADDRESS)
SIGNED: 7/19/01
PATE of E.1"ECZ-RON)
NCLC DOCUNIEN" r I " CONIRACT FOR ARCHITECTURAL SERVICES BET1X'EEN O1X'NER AND ARC:HI I hL I • ca1 m
NATIONAL CONSTRUCTION LAW CENTER INC.. P.O. 13O\ 57308, ATLANTA, GEORGIA 30313
`
SGD_'gn`Unc`
Grapevine Golf Course 13thHole Restroom
Fee Summary
SERVICES: . Fee Original Contract Amt. New Contract Amt.
Design Development $1.350.00 $1.350.00 $0.00
Construction Documents $2.250.00 s2.250.00
Bid $225.00 $225.00
Construction Administration $675.00 $675.00
Civil $3.500.00 $3.500.00
Topography/Survey $2,00.00 $1,500.00 *500.00
Structural Engineers $2.500.00 $2.500.00
MEP Engineers $2.625.00 ` $2.625.00
Soil Test Core Borings $0.80 $1.500.00 -$1.500.00
TOTAL: $15'125.00 u4.350.00 $10,775.00
SGDesign.|nc. 3311 BhnStreet, Suite 1O5. Dallas, Texas 7522G (214) 742-6044 fz(214)742'0O41