Loading...
HomeMy WebLinkAboutItem 12 - Municipal Parking GarageMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER 0/ MEETING DATE: AUGUST 6, 2001 SUBJECT: AWARD OF ARCHITECTURAL/ENGINEERING DESIGN SERVICES CONTRACT — MUNICIPAL PARKING GARAGE RECOMMENDATION: City Council consider awarding an Architectural/Engineering Design Services Contract for a Municipal Parking Garage to HDR Engineering, Inc. for a total design fee not to exceed $280,400, authorize staff to execute said contract and take any necessary action. FUNDING SOURCE: BUDGET Planning/Design Phase Basic Services Special Services Design Contingency TOTAL Certificate of Obligation CO Interest 1995 Street Bond Interest TOTAL BACKGROUND: $ 242,400.00 84.5% 38,000.00 13.2% 6.524.42 2.3% $ 286,924.42 100.0% 249, 587.72 177-48840-012-415 7,337.69 177-48840-012-415 $ 30.000.00 178-78362-008 $286,924.42 On June 5, 2001, Staff met with City Council to discuss several issues including a downtown parking garage. At that meeting, the City Manager stated that staff would July 31, 2001 (2:23PM) bring a Design Services Contract for a three-story parking garage to you on August 6, 2001. A proposed Architectural/Engineering Design Services Contract between the City of Grapevine and HDR Engineering, Inc. for a parking garage to be located at the Northeast Corner of Wall and Jenkins Streets is attached. The Basic Services portion of this contract is $242,400 which is approximately 6.6% of the construction cost estimate. The Special Services portion of the contract is $38,000 which is approximately 1.0% of the construction cost estimate. The total design fee is estimated to be approximately 7.6% of the estimated cost of construction. The architects have been instructed to design the facility in "Turn of the Century" architecture similar to that of the City Hall Building and the Wallis Hotel. Staff plans to bring conceptual plans of the proposed parking facility back to the Council on October 2, 2001. It is anticipated that construction of the parking structure could begin in March of 2002. This proposed contract 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. August 1, 2001 (10:34AM) NATIONAL CONSTRUCTION LAW CENTER, INC. CONTRACT FOR ARCI ITECTURAUIENGINEERING 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 spec contractual concerns. The Internal Services Division of the Public Works 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. Crosscuts indicate that the original verbage in the standard NCLC contract does not apply for purposes of this contract. Furthermore, Underlines indicate that this verbage is added to the standard NCLC contract and hereby is made a part of this contract. This CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract") is made and entered into by the City of Grg42evine (the "Owner") and HDR Engineering, 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/engineering services required by this Contract are to be rendered for a construction project Identified as Grapevine Municipal Parking Garage (the "Project"). NOW, THEREFORE, in consideration of the 94 premises, _e*ef ants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and the Architect agree: NCLC DOCUMENT 1 * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 1. REPRESENTATIONS AND WARRANTIES 1 By executing this Contract, the Architect to the best of its knowledge,, information and belief makes the following eKp�r-ess representations to the Owner: (A) The Architect is professionally qualified to act as the Architect/Engineer for the Project and is licensed to practice engineering and architecture by the State of Texas all publ:,. eat ha,, n :.air-ati n evef the A ..,a,: eet (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 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; (E) The Architect assumes full responsibility to the Owner former any 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 in detail with the Owner, and shall carefully examine any information provided by the Owner concerning y 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 Owner's Criteria. The written report of the Architect shall also include proposed solutions, if appropriate, addressing each of such identified problems. The Architect is entitled to reasonably rely on the information generated and provided by the Owner subject to the examination requirements contained herein. 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, and in no event later than --�ee Addendum A for schedule) days after the effective date of this Contract, 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 l Owner, of the architectural, electrical, mechanical, structural and, if relevant, other systems to be incorporated in the Project; NCLC DOCUMENT i ' CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT' °1994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 (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 �-- r pared pr -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 Preliminary 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, and in no event later than (See Addendum A for Schedule) days after the effective date of this Contract, 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. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. In preparing the Design for Construction, the Architect shall retain an experienced, qualified licensed geotechnical engi� neeri one consultant to evaluate all geotechnical 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 its geotechnical consultant. The geotechnical consultant services shall be provided to the Owner under Additional Services. 5. FINAL "T' ICE t± STT t A `r't OPINION OF PROBABLE CONSTRUCTION COST Contemporaneously with the submission of the Design for Construction, the Architect shall submit to the Owner in writing its final of the eea _,.,.tars,. e-atieipaeEl priee Opinion of Probable Construction Cost for constructing the Project. Once submitted, the final anticipated price estimate 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 afitieipated 4ee estif at Opinion of Probable Construction Cost shall be adjusted by the Architect to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 6. 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 greed upon by both Owner and Architect. In the event the Architect's final ozatieipated " =at: 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 NCLC DOCUMENT I * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 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. Absent ^I^af and eeffvineing :a,nee e f . to t tt 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 ee&e€ull review And emer�ine the Contractor's Schedule of Values and 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 shall be to protect the Owner from an unbalanced Schedule of Values and 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 Schedule of Values and Application for Pam 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, Schedule of Values and Application for Payment shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values and Application for Payment is found to be appropriate as submitted, or if necessary, as revised, the Architect shall recommend that Owner sign the Schedule of Values and Application for Payment thereby indicating its professional opinion that the Schedule of Values and Application for Payment constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect shall not sign such Schedule of Values and Application for Payment in the absence of such belief unless directed to do so, in writing, by the Owner; (D) The Architect shall visit the site at intervals ^ st ^�� r eenom eth-^ e^a 1,„ t- ^ n...., ,1 a A ..elikeet is; writ... of 2 weeks to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an engineer/architect , the Architect/Engineer shall keep the Owner informed of the progress and duality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work.. Following each site visit the Architect shall submit a written report of such inspection, together with any apl2ropriate comments or recommendations, to the Owner; NCLC DOCUMENT I " CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT " 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 -------- INS .@ - - - - - - - -... MR .. .....-- - aim .. .. 1110 NCLC DOCUMENT I " CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT " 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 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 SubparagraphDC--) 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 the12oint indicated and the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents u=pon 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 usedmoney previously paid on account of the Contract Sum; (F) 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; (H) The Architect shall require inspection or reinspection and testing or retesting of the work in accordance with the provisions of the Construction Contract whenever appropriate; m , , , C;entfaet� M The Architect shall review and approve or take other appropriate action upon Contractor's required submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with 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 bathe Contract Documents, the architect shall be entitled to rely upon such certification to establish that the materials s=ystems or equipment will meet the performance criteria required by the Contract Documents; (J) 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; (K) , , i in94yemnpletien of the i+7cc'e'j (K) The Architect shall conduct inspections 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-, NCLC DOCUMENT 1 * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57306, ATLANTA, GEORGIA 30343 (L) 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; �1 (N1� The Architect shall testify in any judicial proceeding concerning the design and construction of the Project when 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, (1) The Architect shall review any as -built drawings furnished by the Contractor. -a^a sh-411 ,.ef#_; f . to the QW -Her - that same ffe a4equate and eemplete; an The Architect shall digitally revise the construction drawings as provide for the set of as -built drawings provided by the Contractor. The Architect shall provide to the Owner within (60) sixty days of the acceptance of the nroiect one (1) set of Mvlar Reproducible "Record Drawinzs" and one (1) electronic digital file of the construction drawings in AutoCAD Version 2000; (0) 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. NCLC DOCUMENT 1 * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT w 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 8. INDEMNITY The Architect shall indemnify and hold harmless the Owner from and against all liability, claims, loss, costs and expense to the extent arising out of, or resulting from, the negligent performance of services of the Architect. 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 defend such allegations and the Architect shall bear all costs, fees and expenses of such defense, including but not limited to, all attorneys' fees and expenses, court costs, and expert witness fees and expenses. 9. SCHEDULE Time is of the essence in the performance of the contract. Within _(See Attached Addendum A) - 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. Architect shall be entitled to a time extension and an equitable adjustment in fees due to delays reasonably beyond Architect's control. 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 individuals will perform those functions indicated: NAME Ze'ev Saggi Jeff Getty FUNCTION Project Manager Project Architect 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. NCLC DOCUMENT i * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, 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) The Architect shall be paid for those services required by this Contract the sum of Two Hundred and Fort - Two Thousand and Four Hundred dollars and No/100 ($ 242,400), allocated in the following manner: (1) Preliminary Consultation, Examination and Report (2) Preliminary Design and Opinion of Probable Construction Cost (3) Design for Construction and Final Opinion of Probable Construction Cost (4) Duties, Obligations and Responsibilities During Construction (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: (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. Architect shall be entitled to a 10% administrative markup on all reimbursable expenses and subcontractor costs; (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, 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 Owner that, upon receipt by the Owner of the amount invoiced, all 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 NCLC DOCUMENT 1 * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 411994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 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 invoiced under the provisions of this Paragraph 11 within thirty (30) days of the Owner's receipt of such invoice. Architect shall have the right without penalty to withhold providing any services if payment is not received within 45 days of Owner's receipt of such invoices. 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 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 copy such records. Said records include, but are not limited to, all plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, 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 law 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 Owner's 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) 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; (I i} 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 the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's 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. NCLC DOCUMENT 1 * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 14. APPLICABLE LAW The law applicable to this Contract is hereby agreed to be the law of the State of Texas, County of TarranIntt where the Project is situated. 15. OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION The Preliminary Design and the Design for Construction documents shall remain the sole property of the Owner. The Architects 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. NCLC DOCUMENT I * CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 18. 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: (a) Professional Liability coverage of not less than $1,000,000.00 single limit. (Here insert insurance requirement.) 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. 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 coverine 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 minimum limits of $300,000.00 per occurrence for bodily injurti and property damage. d The cost of all insurance required herein to be secured and maintained by Architect shall be borne solei by Architect, with certificates evidencing such minimum coverage in force to be filed with the City. Such certificates shall provide that Cid 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 Comprehensive General Liability and Automobile Liability Certificates of Insurance. (Here insert other insurance requirement.) 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 without 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. NCLC DOCUMENT i ' CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT * 01994 NATIONAL CONSTRUCTION LAW CENTER, INC., P.O. BOX 57308, ATLANTA, GEORGIA 30343 1 a This Contract constitutes the end= and cxdusivc agrccmcnt brnvrcn the parties with reference to the Project and supersedes any and all prior cotnmurucat'ons, di=ussions, negotiations, understandings, or agrtcmcncs. 1973,39171 [�I [Sea'] MIrp N.urCj BY: p r.mmt ) (P/WMDNA,VE, 11TU 0,401Mf XIJ ARCHITECT/ENGINEER HDR Engineering, Inc. William R. Hindman, P.E. Senior Vice President 17111 Preston Road Suite 200 Dallas, Texas 75248-1230 4 7YTLa d.�oDaseq (M� • t�ctmav� NCLC DCKU?6MN'r i • cU)NTRACT FOR AR IITJ2C. URALSL'RVICFS BI -TOR -N OWNF,R AND ARC1119'QCr- 01994 NATIONAL CONSI1tVC19ON LAVH CL VL k truc., r.O. DOW p", A•,Y.ANTA. ouOnc,tn Boa+, Project Description The City of Grapevine desires to design and construct a municipal parking garage for approximately 350 cars. The facility will be located at the northeast corner of Wall and Jenkins streets. The facility will consist of a ground level and two floors of elevated parking, with the roof level parapet tall enough to screen vehicles from street level view. Facility structure will be designed for a future additional level of elevated parking. The facility will attempt to maximize the floor plate on the property (200'X 150'). The aesthetic design of the garage will reflect the context of the adjacent City Hall structure. The mutenal pullet will consist of a precast concrete structure with a brick veneer. Landscaping will be provided primarily on the east side of the property and will conform to city standards. Closed Circuit Television Cameras (CCTV) will be provided for security purposes. Will provide a climate control location for the CCTV recorders. Power and conduits will be provided for drop -arm gates and a future manned controlled access both. Elevator(s) and stairs will be provided for vertical circulation. Project Schedule The following is our understanding of the anticipated project schedule: Contract Approval/Notice to Proceed Completion of Concept Phase Completion of Design Phase Advertisement/Bidding Contractor Mobilization Construction Start Project Approach August 6, 2001 October 2, 2001 November 31, 2001 December 2001 -January 2002 February 2002 March 2002 Outlined below are the major tasks anticipated in the execution of the work. The project organization features senior oversight, single point responsibility, responsiveness, a team concept that emphasizes communication, and a process which ensures that the design is coordinated and managed properly. Most importantly, it is an approach which relies on active owner involvement in the design process. Mr. Zeev Saggi will be the Project Manager and is the single point of responsibility for HDR. Mr. Jeff Getty will be the lead architectural designer and responsible for the architectural design process. Grapevine Municipal Parking Garage Page 1 Concept Phase Task 1 Kick-off Meeting -At a time convenient to the City, the project manager, designer and key team members will meet in Grapevine. The purpose of the meeting is to complete any administrative requirements, refine the scope of work, continue to develop an open communication between all parties, and to discuss City comment on design issues. Task 2 Data Acquisition -In conjunction with the kick-off meeting, the team will immediately collect existing information on the site and determine the availability and capacity of adjacent utilities. Task 3 Geotechnical Investigations -Following the kick-off meeting and site visit, the project manager will develop the specification for the geotechnical investigation. This specification will describe the number and depth of soil borings and will describe necessary recommendations for soil bearing values, foundation design, suitability of materials and any unusual design requirements. The geotechnical investigation will be performed by a consultant selected by HDR and approved by the City. Task 4 Survey -Following the kick-off meeting, a request for proposal will be � developed for a property survey. The survey will supply meets and bounds and contour information. The survey will be performed by a consultant selected by HDR. Platting services will be performed. Task 5 Perm WEnvironmental Activities -These activities will be provided by the City. HDR will support the City's efforts by supplying information to City permit groups as required. Task 6 Design Concept Development -The concept development phase will focus on incorporating City comments and refinements to the original project feasibility documents created previously. Efforts will center on development of an architectural scheme which is sensitive to the adjacent City Hall building. In addition, workshops will be held with the City to review design concepts and to enlist owner preferences for mechanical, fire protection, and electrical systems. HDR will develop floor plans, building sections, exterior elevations, and concept narratives for engineered systems which outline the basic design concept for the facility. Grapevine Municipal Parking Garage Page 2 Concept Phase -continued Task 7 Cost Estimate -We will develop a cost model for the project at the Concept Phase which will include all aspects of the project, including contingencies. The cost model is a living estimate changing continuously throughout the design process to accurately reflect the information available to the project. Local pre -cast manufacturers will be contacted to verify local trade conditions. Task 8 Owner Review/Approval-Once Concept submittal is complete, the City will be requested to formally approve the Concept submittal. Once the concept is approved, HDR will proceed into the final Design Phase. Design Phase Task 9 Design Phase -The Design Phase will focus on the development of the construction documents. The construction documents will fix and describe the size and character of the project. The documents shall sufficiently describe the architectural, structural, civil, mechanical, and electrical systems, materials and other elements as may be appropriate. Task 9.1 Architectural 0 Floor Plans • Exterior Elevations a Building Sections 0 Wall Sections and Details 0 Schedules • Specifications Task 9.2 Structural • Foundation Plans • Foundation Details • Design Criteria Task 9.3 Civil/Landscape 0 Grading/Paving/Utilities 0 Miscellaneous Details 0 Landscape Plan 0 Landscape Details and Schedules Grapevine Municipal Parking Garage Page 3 Task 9.4 Mechanical/Plumbing • HVAC/Fire Protection Plans • Riser Diagrams • Miscellaneous Details and Schedules Task 9.5 Electrical Power/Lighting Plans • Electrical One-line/Schedules • CCTV Details Task 10 Quality Control Review -As the Design Phase approaches the 90% completion level, a constructability and quality control review will be performed. These reviews include input from the City's review team as well. Task 11 Cost Estimate -As the design phase approaches the 90% completion level, an update of the cost model will be made to verify budget compliance and current market conditions. Task 12 Owner Review -At the completion of the Design Phase, the construction documents will be presented to the owner for review and approval. Task 13 Presentations -Our proposal includes three presentations to either the City Council and/or the general public to discuss the project. Additional presentations can be made as necessary, compensated as an additional service. Task 14 Advertising/Bidding-Upon approval of the Design Phase submittal, HDR will assist the City staff in the advertisement and bidding phase of the project. HDR will attend the pre-bid conference and answer questions related to the design documents. Task 15 Construction Administration -During the construction phase, HDR will provide periodic observation of the site at major milestones of the construction process. HDR will review the contractor's application for payment, assess job progress, answer RFI's, and process shop drawings. In addition, HDR will issue supplemental instructions, as required, to clarify design documentation. Grapevine Municipal Parking Garage Page 4 Outlined below is a detailed fee proposal for the referenced services. Please note that with the exception of the specified allowances, all other fees are lump sum. Once final pricing is determined for the allowance items, the lump sum agreement will be adjusted. Basic Services Architectural Structural/Project Management Mechanical/Plumbing Electrical Civil/Landscape Total Basic Services Special Services Geotechnical (allowance) Survey/Platting (allowance) Architectural Model/Rendering Reimbursables Signage/Graphics (allowance) Total Additional/Optional Services Total Fee Proposal Grapevine Municipal Parking Garage $ 75,000 $105,000 $ 21,000 $ 21,000 $ 20,400 $242,400 $ 10,000 $ 10,000 $ 3,000 $ 10,000 $ 5,000 r 41 $280,400 Page 5