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HomeMy WebLinkAboutContract 39719 (2)O/CNTRT NO �,5�- STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT if 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 Arthur Weinman Architects, hereinafter called the "Architect", acting herein by and through Arthur W. Weinman, AIA, its duly authorized representative, for the purpose of providing architectural design and construction administration services for the construction of the Neighborhood Police Office at 1509/1515 East Lancaster Avenue in Fort Worth, Texas, WITNESSETH: That for and in consideration ofthe 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 design and construction administration services for the construction of the Neighborhood Police Office at 150YI1515 East Lancaster Avenue in Fort Worth, Texas. The scope of services is described more fully in Attachments "A" and `B" of this Agreement. E,� X� Y [�1►11 � � �1:�Y�1�l►1_�l 1. The following personnel will be assigned to this Project: 1.1. Cityof FortWorth 1.1.1. Project Manager: Ronald Clements, AIA, Registered Architect 1.2. Architect 1.2.1. Principal in Charge: Arthur W. Weinman, 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. 4. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. East Lancaster NPO (Jan 2010) OFFICIAL RECORC �fi16 SECRETARY I"r: WORTH, TX 5. The Architect shall perform services as outlined in the Arthur Weinman Architects letter, dated July 28q 2009 subject: Neighborhood Police Station 1509-1515 East Lancaster, AWA Project #09-031, and Email dated August 12, 2009 with attached revision, subject NPO, which are attached hereto as Attachments "A" and `B" 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 from 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 Attachments "A" and "B." 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 Attachments "A" and "B" hereof shall be $52,615.00, hereinafter referred to as the "total fee," plus up to $1,275.00 in reimbursable expenses. 2. Architect shall be paid the following percentages of the total fee at the following stages of the project: 1.1. Completion of Schematic Design and cost estimates 20% 1.2. Completion of Design Development and cost estimates 40% 1.3. Completion of Construction Documents and cost estimates 75% 1.4. Action by City Council to accept bids 80% 1.5. Final acceptance of the Project by the City 100% 1.6. Reimbursement of allowable expenses shall not exceed 1 275.00 and shall be payable monthly as allowable expenses are incurred. Allowable expenses include: 1.6.1. Printing Costs 1.6.2. Enhanced CAD drawings for public and City meetings. 1.6.3. Long distance phone calls 1.6.4. Postage and courier expenses 1.6.5. Other costs with prior approval of the City. East Lancaster NPO (Jan 2010) Page 2 of 10 SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS 1. The Construction Budget for the Project is $475,000.00. 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 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. Schematic 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. Design Phase: 2.1. The Architect shall prepare presentation graphics using plans necessary for the design and attend one City meeting (if required) during the design of the project. 2.2. Architect shall prepare the design in stages as follows: 2.2.1. Design Development Phase: Preparation of architectural and MEP plans, principal elevations, selection of principal finishes, and discipline -based cost estimates. Upon written approval of this phase of the work, Architect may proceed to the Construction Document Phase. 2.2.2. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed cost estimates. 2.3. Format of Drawings 2.3.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations East Lancaster NPO (Jan 2010) Page 3 of 10 will be at same scale as floor plans, area plans will have same scale for all disciplines, and site plans for all disciplines will be at same scale. 2.3.2. Drawings shall plot to 22x34 sheets to facilitate half-size I1x17 prints. Fonts shall be legible at half-size. 2.4. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. 2.4.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in modifying a facility in the event it is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Guidelines. 2.4.2. The City will bear the construction costs associated with enhancements. The Architect will reimburse the City for costs to replace or rework features that were constructed in accordance with the design but fail to meet accessibility requirements or building codes. 2.5. The Architect shall submit estimates of probable construction cost for each stage of design to the City. 2.6. The City shall acknowledge the probable construction costs and scope in writing at each stage of design. 2.7. Upon written approval of the final design, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding. 2.8. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 3. Bidding: 3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and attend the Prebid Conference, and participate in the contractor selection process. 3.2. The Architect shall coordinate printing of documents for bidding. 3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the contract. 4. Construction Services: 4.1. The Architect shall assist the City by approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. 4.2. Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all participants and key project personnel. 4.3. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. 4.4. Architect will review contractor's pay requests. 4.5. Architect will conduct final acceptance and end of warranty inspections. 4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of "Record Drawings" for the City's archives. 4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. East Lancaster NPO (Jan 2010) Page 4 of 10 5. 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. 6. Prepare schedules using the following scheduling software systems: Primavera Version 6.1 or Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version 2003/2007. The softwares can be later versions. If a different software is planned, the software has to be previously approved by the City. 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. 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. 8. Provide "Front End", including Division 1 requirements, for use in assembling the Project Manual. 9. Prepare easements and right -or -way acquisition conveyance documents, from description provided by Architect, contact owners, negotiate for or condemn all easements and right -of --way, pay all filing and legal fees associated therewith. 10. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Projects. 11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. 12. Administer the construction of the Project. 13. Provide inspection and management services. 14. Provide contractors prepared field drawings to the Architect for review. 15. Pay all impact and utty fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. East Lancaster NPO (Jan 2010) Page 5 of 10 16. Print documents for bidding and record. 17. Bear all costs incident to compliance with this Section. 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 1. 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 subconsultants, 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 subconsultants, 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 anA 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 subconsultant, 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. 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, liability or expense, on account of damage to East Lancaster NPO (Jan 2010) Page 6 of 10 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 $2,0005000 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 occurrence $250005000 Project 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. Certificate(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 forty-five days notice of cancellation, non -renewal or material change 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 76102. 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. East Lancaster NPO (Jan 2010) Page 7 of 10 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 ten years following the issuance of the Certificate of Substantial Completion by the Architect. The City shall be notified at least 30 days prior to cancellation or substantial change in coverage. 8. The Ciry shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XII 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 from 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 XIII 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, 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. East Lancaster NPO (Jan 2010) Page 8 of 10 3. Architect and subconsultants agree to photocopy such project -related documents as may be requested by the City. The City agrees to reimburse Architect and subconsultants 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 I. 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 subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and subconsultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVII M/WBE GOALS 1. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal of 22% is established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may result in termination of this Agreement and debarment from participating in City contracts for a period of time not less than three years. 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 East Lancaster NPO (Jan 2010) Page 9 of 10 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, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment 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. 51' EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS I 'day of A.D., 2010. ARTHUR WEINMAN ARCHITECTS APPROVED: By: By: ll.4t Arthur . Weinman, AIA Fernando Costa Principal Assistant City Manager APPROVAL RECOMMENDED: By: G7 5 it iam A. V kest, PE, Dir for Transportation and Public orks Department RECORDED: Marty Hendrix City Secretary bvUU11t,,_ APPROVED AS O FORM AND LEGALI M&C G-16822 Januat 26 201 � a Contract Authorization JJ�� o° BY� Y�0�np��f Amy J. Ra se �� jr,''go0000 Assistant City A rney �a>zA The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevazd, Suite 107, Austin, Texas, 78758, telephone (512) 305- 9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a. OFFICIAL RECORD CITY SEGRETARY T. WORTH, TX East Lancaster NPO (Jan 2010) Page 10 of 10 ARTHUR A R C H July 2$, 2009 Mr. Ron Clements City of Fort Worth 401 West I e Street Fort Worth, Texas 76102 Dear Ran, ATEINMAN I T E C T S �.� MW „Air Neighborhood Police Station 1509-1515 East Lancaster AWA Project # 09.031 Thank you for the opportunity to meet with you last Thursday to discuss our services for the new Neighborhood Police Station to be built at 1509-1515 East Lancaster, Fort Wft Worth, Texas. This will be an approximately 2,000 sq. . building on a vacant site about 200 by 200 feet size. Your goal is to have building construction sufficiently complete to allow submission of all billings for this project by the end of February, 2010. i am pleased to offer you the €allowing proposal for Architectural services. These will include the consulting services of a Structural Engineer, MEP Engineer, Accessibility Consultant, Civil Engineer, Landscape Architect; Irrigation Design, Surveyor and re - platting. We understand that the approximate budget for this project is $600,000, Our design for the building will follow the preliminary site, elevation and interior drawings given to us at our meeting. Your design goal is for an economical, attractive building that will set the standard for this kind of neighborhood police station for the future. Archifecturaf services shall include up to two design meetings with yourself or your staff either at your offices, our office, or the project site. Any additional design meetings would be additional to this proposal and would be charged at our hourly rates. Site design shall include required and accessible parking, walks, security.fencing, landscaping and irrigafiivn. Civi( engineering shall provide for the two recessed street face parallel parking spaces on East Lancaster. All shall meet current City of Fort Worth codes and requirements. Our services for the building inferiors for the new 2,000 sq, ft. building would include location of electrical outlets, telephone outlets, IT, Camera Monitoring Equipment and lighting. The City shall supply us with all required IT information for utilities, electrical heat loads, wiring and conduit requirements for completion of the interior of the iT room. We would select exterior and interior paint colors, interior ceiling and wall finishes, Boor an finishes and carpet according to the City of Fort Worth Design Guidelines. The design d selection of incidental built-in cabinetry, window coverings or the selection of blinds are included as part our services. The Building shall be designed in full accord with current accessibility regulations, all local, state and federal codes and regulations, City of Fort Worth Design Guidelines, and the project program given to us by your office. �50 Bailey Avenue, Suite 3392 Fort Worth Texas 76I47 827-737-09?7 817-737-2243 fax W WR'. Weinman»rCrliteCiS.COnl We understand, owing to the short time frame for this project, that it will be directly placed for construction with your Job Order Contractor. Thus the project will not progress through normal bidding and bid evaluation process. The City of Fort Worth will provide geotechnical services for foundation design and construction testing services. We shall provide the City with construction observation services after the contract has been awarded through final acceptance of the project. We shall not provide detailed construction cost estimates for this project. Site visits by the Architect for construction obsevation and vercafiion of the progress of work in the field during the construction period are included in this proposal up to a limit of ten (10) visits. These visits would be by the Architect or the Architect's Representative with wriften field reports provided to the Owner each week. Structural engineer's visits will include two site visits and the MEP Engineer's services will include two site visits. We will make every effort to ensure that the General Contractors meet all construction requirements shown by our documents. Any services for revision of the documents to meet Owner's revised requirements after final design approval would be an addition to this proposal and charged at our hourly rates. Our Hourly billings for These invoices will include the following personnel rates: Principal Project Architect Senior Project Manager Project Manager Senior Draftsman Draftsman $150.00 per hour $110.00 per hour $ 95.00 per hour $ 70.00 per hour $ 50.00 per hour $ 45.00 per, hour Professional fees shall be based on a flat fee for Architectural Services, excluding reimbursable expenses: -Architectural Services $ 22,000 Frank Neai, Structural Engineers 1,500 lntec, Structural Engineers 4,500 Annabella Coolidge -Winters, R.A. 715 (drawing review & constn. inspection) BHB, MEP Engineers 1 UAW Basic Professional Services $ 38,715 E3 Engineers &Surveyors 113500 (street recessed parallel parking, surveying, platting} Don Wheeler, Landscape Arch. & Irrigation 2,400 Additional Services $130900 Total Professional Services $ 52,615 TDLR Project Filing Fee $ 175 Plat application and feting fees $ 600 (flax not applicable for City of Fort Worth} wmeb wmeb 31.20%wmeb 54 .fi0%wmeb rJ This proposal is good for 60 days from the above date. If you decide to proceed after that date we reserve the right to review our fees at that time. Reimbursable expenses, reimbursable with fifteen percent (15%) handling and carrying charges, shall include the following items: Consulting Engineers, other than itemized Printing Rendering or model production costs Long distance travel, meals, hotel, auto rental Auto travel at $ 0.55 per mile outside of Tarrant County Long distance telephone and Fax machine Federal Express or any other local or long distance courier or delivery services Please see the attached General Gonditlons of Pr©posal for further information regarding this proposal. I appreciate the opportunity to assist you with this project. if this proposal is acceptable 1 will prepare an A.I.A. form of agreement between Owner and Architect completed for this project for your signature. If you have any questions please do not hesitate to contact me. Sincerely, Arthur W. Weinman, A.I.A. AWW:ew General Conditions of Proposal: This proposal does not include preparation of presentation models of fhe project. if required these would be an addition to this proposal and charged;on the basis of our hourly rates. Any City, Sfafe or Federal fees for permits, fees, licenses, drawing reviews, site inspections, and so forth, including Texas Accessibility Standards compliance, are the respanslbiliry of the Owner, and will be paid directly by the Owner or by the Owner's check via the Architect wi#h submissions. The Contractor for the construction phase of the project will have full responsibility for the detection or removal of any asbestos or asbestos containing materials or other hazardous materials at the project site. The Architect or the Architect's consultants are in noway responsible for any asbestos or hazardous materials detection or removal. We will clearly assign asbestos and heavy metals or hazardous materials detection and removal to the General Contractor in the Construction Documents. It is specifically understood and agreed thaf when a lump sum fee is quoted, the fee covers the performance of corresponding services only one time after authorization to proceed with the work. Once approval�of the documents has been given additional revisions or additions to the approved plans would be an addition to this contract and charged on the basis of cur hourly rates. We shall not be responsible for any delay in services caused by circumstances beyond our reasonable control, nor delay, which may be occasioned by actions which, in the sole judgment of the Architect, are required in the exercise of usual and customary professional care. The Architect and his consultants shalt not be liable for damages arising ouf of any such delay, nor deemed to be in default as a result thereof. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, orfor safety precautions and programs in connection with fhe Work, since these are solely the Contractor's rights and responsibilities. It is the responsibility of the Contractor to ensure that all workers and artisans selected to work on the project have the correct experience and skills to complete the work in a complete and craftsman -like manner. The Contractor has the sole responsibility far fhe selection of his employees and subcontractors and fhe quality of the completed work. The Arohitec# shall not be responsible for fhe Contractor's failure to perform the Work in accordance with the requirements of the contract documents. The Architect shall be responsible far the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities pertorming portions of the Work. Should the Owner choose not to involve the Architect during the shop drawing review or construction phases of the project, the Architect will not have any liability for these phases of fhe project. Without timely notification of questions of interpretation of the construction documents, or timely notification of any problems during construction, we can accept no responsibility far improper interpretation of documents orfor problems encountered during construction. The standard of care for all professional services performed or furnished by the Consultant (Arthur Weinman, Architects) under this agreement will be the skill and care used by members of the Consultant's profession practicing under similar circumstances at the same time and in the same lacaliiy. Consultant makes no warranties, express or implied, under this agreement or othenrvise, in connection with Consultant`s services, It is expected that this contract will be entered into prior to our commencing work. If a contract is not executed we will proceed with the understanding that, unless written notice to the contrary is received, a signed contract will be forwarded to our offices and that all terms of this contract are acceptable to the Owner. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professionaE practice of persons registered as Architects in Texas. The Board`s current mailing address and telephone number are: P.O. Box 12337 Austin, Texas 78701-2337 Telephone 512-308-9000 www.tbae.state.tx.us Fort Worth Neighborhood Police Office Consultants: MEP Baird Hampton Brown 6300 Rldglea Place #700 Fort Worth, Texas Ken Randall Structural Frank Neal &Assoc, 1015 Broadway Fort Worth, Texas 76104 Frank Neal 817-338-1277 817-332-1944 817-336-8620 FAX Structural Intec Design 817-927-3049 3113 S. University Drive, Suite 301 76109 Mowls Ramarapu Access Anabella Coolidge -Winters, R.A. 817-346-4818 5801 Wedgewood Dr, Fort Worth; Texas 76133 Annabella Landscape Don Wheeler Landscape Architect 817-335-1405 320 Purcey Street Fort Worth, Texas 76102 Don Wheeler Civil E3 Engineering Services Survey 106 Norma Gene Repiat Royse City, TX 75189 Shawn Poe wmeb Total $ 10,000.00 0 0 0 1,500,00 4,500.00 Wmeb% yes 890.00) 715.00 yes 2,400.00 214-773-6767 $ 11,500.00 yes $ 16,715.00 $ 30,615.00 54.60% Sent: Monday, August 17, 2009 10:10 AM To: Murayama, Dalton Subject: FW: npo Ronald Clements AIA City of Fort Worth Transportation and Public Works Facilities Management Division/Architectural Services 401 West 13th Street Fort Worth,Texas 76102 817.392.8014 p 817.392.8488 f From: Elizbeth Weinman [mailto:elizabeth_wa@swbell.netj Sent: Wednesday, August 12, 2009 4:51 PM Two Clements, Ronald Cc: art_wa@swbell.net Subject: RE: npo Ron, r Will the attached revision meet your needs? The only change is to the Reimbursable Expenses paragraph. We have added N=T=E $500.00 for total reimbursable expenses and deleted long Distance Telephone and Fax Machine use and Local Delivery Services.. Let me know if you need a complete new proposal reflecting these changes. Calf me if you need further information or have any questions. liz Elizabeth N. Weinman' Business Manager Arthur Weinman Architects 550 Bailey Avenue, Suite 332 Fort Worth, Texas 76107 Phone: 817-737-0977 FAX: 817-737-2203 e-mail: elizabeth_wa@swbell.net This proposal is good for 60 days from the above date. If you decide to proceed after that date we reserve the right to review our fees at that time. Reimbursable expenses, reimbursable with fifteen percent {95%j handling and carrying charges, shall include the following items and will not exceed $500.00: Consulting Engineers, other than itemized Printing Rendering or model production costs long distance travel, meals, hotel, auto rental Auto travel at $ 0.55 per mile outside of Tarrant County Federal Express or any other long distance courier or delivery services Please see the attached General Candifions of Proposal far further information regarding this proposal. I appreciate the opportunity to assist you with this project. if this proposal is acceptable I will prepare an A.I.A. form of agreement between Owner and Architect completed forthis project for your signature. If you have any questions please do not hesitate to contact me. Sincerely, Arthur W. Weinman, A.l.A. AWW:ew General Conditions of Proposals i FACT' FORTII COUNCIL ACTION: Approved on 1/26/2010 DATE% 1/26/2010 REFERENCE G-16822 LOG NAME: 17LANCASTERNPO NO.. NON� PUBLIC CODE: G TYPE: CONSENT HEARING: NO SUBJECT: Authorize the Change in Use and Expenditure of $700,000.00 in Community Development Block Grant Funds for the Lancaster Neighborhood Police Office Project, Authorize Acquisition from the Fort Worth Local Development Corporation of Vacant Lots Located at 1509 and 1515 East Lancaster Avenue for $19,227.00 Plus Estimated Closing Costs of $3,000.00, Authorize an Agreement with Arthur Weinman Architects for $53,890.00 for Design and Construction Administration Services and Authorize Substantial Amendment to the City's 1997-1998, 2000-20017 2003-20047 2004-20051 2005-20061 2006-2007 and 2007-2008 Action Plans (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a Substantial Amendment to the City's 1997-1998, 2000-2001, 2003-2004, 2004-2005, 2005-2006, 2006-2007 and 2007-2008 Action Plans to fund the Lancaster Neighborhood Police Office Project; 2. Authorize a change in use and expenditure of $700,000.00 in Community Development Block Grant funds for the Lancaster Neighborhood Police Office Project; 3: Authorize the acquisition from the Fort Worth Local Development Corporation of two vacant lots located at 1509 and 1515 East Lancaster Avenue for the Lancaster Neighborhood Police Office Project for a purchase price of $19,227.00 plus estimated closing costs of no more than $3,000.00; 4. Authorize the City Manager, or his designee, to execute, accept and record the appropriate instruments for the acquisition; and 5. Authorize the City Manager, or his designee, to execute an Agreement with Arthur Weinman Architects for $53,890.00 for design and construction administration services for the Lancaster Neighborhood Police Office Project. DISCUSSION: The Lancaster Neighborhood Police Office (Lancaster NPO) project was proposed in order to provide a visible police presence in the Near East Side neighborhood. The project will complement the Near East Side Urban Village plan for neighborhood revitalization, as well as, serving as a police storefront for nearby social service agencies such as the Presbyterian Night Shelter, Day Resource Center, Salvation Army and the Union Gospel Mission. The proposed location for the Lancaster NPO is 1509 and 1515 East Lancaster Avenue, two vacant lots located to the east of downtown now owned by the Fort Worth Local Development Corporation (LDC). These two lots were tax foreclosed properties purchased by the LDC from the City acting on behalf of all the taxing entities that had been a party to the tax suits (M&C L-14748). The LDC is selling the lots to the City for $19,227.00, the price it paid for them. A new single -story 2,000 square foot facility will be constructed for the Lancaster NPO. The building will include a community meeting room. Additionally, trees and landscaping will be included for the facility along with a wrought iron perimeter fence and gates for security purposes. The estimated budget for design and construction administration services is $53,890.00. Staff recommends the change in use and expenditure of $700,000.00 in Community Development Block Grant (CDBG) funds for the project. These CDBG funds were not designated for any particular project and did not come from the administrative budget of the Housing and Economic Development Department. A public comment period concerning the change in use of these funds was held from July 9, 2009, through August 9, 2009. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. Staff has selected Arthur Weinman Architects to design and provide construction administration services for the Project. Arthur Weinman Architects is in compliance with the City's M/WBE Ordinance by committing to 30 percent M/WBE participation. The City's goal for this project is 20 percent. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund, TO Fund/Account/Centers GR76 539120 005206180880 $1172911.69 GR76 539120 005206140880 $1822883.34 GR76 539120 030206005XXX 0.00 GR76 539120 005206005880 $490.53 GR76 539120 005206929880 $489344.50 GR76 539120 005206845880 $3359766645 GR76 539120 005206132880 $9,237e75 GR76 539120 005206112880 $5,365,74 Submitted for City Manager's Office b� Originating Department Head: FROM Fund/Account/Centers GR76 539120 005206180240 5 638.99 GR76 539120 005206140030 9 290.52 GR76 539120 005206140040 $8,11129 GR76 539120 005206140050 $489008.42 GR76 539120 005206140200 $655995.10 GR76 539120 005206005240 $240,89 GR76 539120 005206929200 $48,344.50 GR76 539120 005206180200 $86,656.81 GR76 539120 005206845990 $290,000.00 GR76 539120 005206132220 $91237.75 GR76 539120 005206112240 $57365674 GR76 539120 005206180990 689.63 GR76 539120 007206180100 $109207.63 GR76 539120 022206180080 $14,718.63 GR76 539120 005206140060 $51,476901 GR76 539120 003206005020 $249,64 GR76 539120 005206845780 $45,766.45 Thomas Higgins (6192) Jay Chapa (5804) Additional Information Contact: Leticia Hurtado (7319) ATTACHMENTS