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HomeMy WebLinkAboutContract 45117 (2)MTV 27ACTIAJ\I COMUACT gno STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT C HriL..__ 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 Weinman Architects, Inc., hereinafter called the "Architect", acting herein by and through Arthur Weinman, AIA, its duly authorized representative, for the purpose of providing architectural professional services for the preparation of the National Register of Historic Places nomination for the Will Rogers Memorial Center Coliseum, Auditorium and Tower located at 3401 West Lancaster in Fort Worth, Texas. WITNESSETH. That for and in consideration of the mutual covenants and agreements herein contained, City and Architect do hereby covenant and agree as follows: SECTION I SERVICES OF THE ARCHITECT 1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services in connection with the following general scope of work: Provide professional services for the preparation of the National Register of Historic Places nomination for the Will Rogers Memorial Center Coliseum, Auditorium and Tower located at 3401 West Lancaster in Fort Worth, Texas ("Project"). The scope of services is described more fully in Attachment "A" of this Agreement. SECTION II PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort worth 1.1.1. Project Manager: Ronald Clements, Registered Architect 1.2. Architect 1.2.1. Principal in Charge: Arthur Weinman, AIA 1.2.2. Project Manager: Arthur Weinman, AIA 1.2.3. Project Architect: Arthur 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. RECEIVEO Nov5 2(113 Page 1 of 8 OFFICIAL RECORt GUY SECRETARY 1 FT. WORTH, TX 4. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. S. The Architect shall perform services as outlined in the Weinman Architects Letter. dated October 4. 2013, which is attached hereto as Attachment "A" and made a part of this Agreement. 6. If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. Architect shall not perform any additional services without a written agreement with City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. 7. Architect shall apply for building permits and provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. SECTION IV SPECIAL SERVICES OF ARCHITECT 1. If authorized in writing by City, Architect shall furnish or obtain from others special services necessary to complete the Projects. These special services are not included as part of the Basic Services outlined m SECTION I - SERVICES OF THE ARCHITECT and Attachment "A." These special services will be paid for by City as indicated in Section V SECTION V COMPENSATION TO ARCHITECT 1. The total compensation for all of the assignments to be performed by Architect to complete the Projects as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and Attachment "A" hereof shall be $8.640.00, hereinafter referred to as the "total fee," plus up to $1 000.00 in reimbursable expenses. 2. Not applicable for this project. SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS 1. Not applicable for this project. 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 Page 2 of 8 Nomination Phase: 1.1. The Architect shall visit the site and make himself familiar with the scope of the Project. 1.2. Prepare Nomination application and background information. 1.3. Not Applicable for this project. 2. Bidding: 2.1. Not applicable for this project. 3. Construction Services: 3.1. Not applicable for this project. 4. 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. 5. Prepare schedules usmg 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 Architects 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. Not Applicable for this project. 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 Page 3of8 services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials m connection with the performance of this Agreement and shall proceed to cancel promptly all existmg 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 consultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of' subsurface investigations, designs, working drawings and specifications and other Engineermg documents. 2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other Engineering documents by the Architect its officers, agents, employees and consultants, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liabihty or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or employees of the Architect or consultant, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Architect's professional services or in the preparation of designs, working drawings, specifications and other documents. 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 requirmg 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 property or injuries to person caused by defects or deficiencies in design criteria and information provided to Architect by City or any deviation in construction from Architect's designs, working drawings, specifications or other documents. 5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate Limit Page 4 of 8 Workers Compensation Coverage A: Statutory limits Coverage B: Employers Liability Insurance $100,000 Each Accident/Each Occurrence $100,000 Disease — per each employee $500,000 Bodily Injury/Disease — Policy Limit Automobile Liability $1,000,000 each accident on a combined single basis OR $250,000 Property Damage $500,000 Bodily Injury per person per occurrence Professional Liability Insurance (Errors and Omissions) $1,000,000 Per claim $2,000,000 Annual aggregate 6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30 days prior written notice to City The City reserves the right to revise insurance requirements specified in this Agreement to the best interests of the City. 7. General Insurance Requirements 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon. The term "City' shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided wider applicable policies documented thereon. 7.3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 7.4. A minimum of thirty days notice of cancellation or non -renewal in coverage shall be provided to the City A ten days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort Worth, TX 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. 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. Page 5 of 8 7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's insurance pohcies including endorsements thereto and, at the City's discretion, the Architect may be required to provide proof of insurance premium payments. 7.10. All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 7.11. The Professional Liability Policy shall be written on a "claims made" and shall be in effect for the duration of this Agreement and for 12 months following Architect's issuance of the Certificate of Substantial Completion. The Architect's current insurer shall list the City as a certificate holder for a period of six years following the issuance of the Certificate of Substantial Completion by the Architect. The City shall be notified at least 30 days prior to cancellation or non -renewal in coverage.. 8. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION 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 wider the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, mvolving 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 Architect and consultants agree to photocopy such project -related documents as may be requested by the City. The City agrees to reimburse Architect and consultants for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIV SUCCESSORS AND ASSIGNS Page6of8 1. The City and the Architect each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XV ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVI INDEPENDENT ARCHITECT 1. Architect shall perform all work and services hereunder as an independent Architect, and not as an officer, agent servant or employee of the City. Architect shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and consultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVII SBE GOALS 1. Not applicable for this project. 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 m 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 arismg 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 he in state courts Iocated m Tarrant County, Texas or the 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. Page 7 of 8 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. E ECUTED IN THE CITY OF FORT WORTH, TEXAS,, THIS day of ��ri �--A.D., 2013. Arthur Weinman, AIA Principal APPROVAL - COMMENDED: L By: , Douglas ., ; . Wiersig, PE, Director, Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY: By: Douglas W. Black Assistant City Attorney By: APPROVFD1 By: 'Th4404 0,5 Fernando Costa Assistant City Manager RECORDE Mary J. Kayser City Secretary M&C C- Not Required) Contract Authorization The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305- 9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a. Page 8 of 8 it 4 u1FFICY�1� F2ECORB CITY SECRETARY FT. WORTN, TX ARTHURWEW MAI\ A R C H 1 T E C T S October 4, 2013 Mr. Dalton Murayama City of Fort Worth 401 West 13th Street Fort Worth Texas 76102 Dear Dalton, Will Rogers Complex Application for National Register of Historic Places AWA Project # 13-024 Thank you for the opportunity to discuss with you our services for the preparation of an Application for National Register of Historic Places for the historic Will Rogers Complex in Fort Worth, Texas. This complex of buildings includes: 1. The Will Rogers Coliseum, Tower and Auditorium 2. The Burnett Building (addition to the Will Rogers Coliseum) 3. The historic Ticket Offices and fence 4. The new Ticket Office and Convention -Visitors Bureau Office Building 5. Front plaza fronting West Lancaster with equestrian statue of Will Rogers We are offering our proposal to include only the above noted buildings as part of the nomination. Our services will include site investigation, building investigation and photography of existing conditions. Using available known multiple resources we will research the history of the buildings and produce a complete application for presentation to the Texas Historical Commission meeting all of their requirements We will provide a copy of the completed application to your offices for review before submission to the Texas Historical Commission for their review and approval. Our services will include a first review response and second final submission of the documents. Please be aware that we cannot guarantee that the submitted application to the THC will be approved but we will do everything possible to meet all of their requirements. Time will be billed on an hourly basis with statements submitted monthly or at the completion of the construction documents. Payment of all invoices will be due upon receipt of invoice. Payment not received within thirty days of invoice date will bear interest at the rate prevailing at the principal place of business of the Architect 6300 Ridglea Place, Suite 105 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax www.weinmanarchitects.com We believe preparation, research and drafting this document will include the following: Site investigation and photography Research: City of Fort Worth documents Fort Worth Public Library Tarrant County Archives TCU Library and Archives Amon Carter Museum Archives UTA Library Special Collections Writing: First draft of the document Re -draft and revision 12 hours 8 hours 8 hours 4 hours 4 hours 2 hours 4 hours 8 hours 4 hours. We believe that this will total at least 54 hours of my time. Our Hourly billings will include the following personnel rates: Principal Project Architect Senior Project Manager Project Manager Senior Draftsman Draftsman $160.00 per hour $110.00 per hour $ 95.00 per hour $ 80.00 per hour $ 60.00 per hour $ 45.00 per hour The value of this proposal is based on a flat fee, excluding reimbursable expenses, for Architectural services as itemized above: Architect $ 8,640.00 Reimbursable Expenses 1,000.00 Total Professional Services $ 9,640.00 These proposed fees are 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, will include the following items. In -House printing Outside printing services Long Distance travel, air travel, meals hotel, auto rental Auto travel @ the prevailing IRS determined rate Express Mail, Federal Express or other local or long distance courier and delivery services 2 Please see the attached General Conditions of Proposal for further information regarding this proposal. We 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 for this project for your signature. If you have any questions please do not hesitate to contact me. Sincerely, Arthur W. Weinman, AIA, NCARB, LEED AP AWW:ew 3 General Conditions of Proposal: This proposal does not include preparation of presentation models of the project. If required these would be an addition to this proposal and charged on the basis of our hourly rates. Any City, State or Federal fees for permits, fees, licenses, drawing reviews, site inspections, and so forth, including Texas Accessibility Standards compliance, are the responsibility of the Owner, and will be paid directly by the Owner or by the Owner s check via the Architect with submissions. It is specifically understood and agreed that 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 our hourly rates. We shall not be responsible for any delay in services caused by circumstancesbeyondour 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 shall not be liable for damages arising out of any such delay, nor deemed to be in default as a result thereof 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 locality. Consultant makes no warranties, express or implied, under this agreement or otherwise, 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 professional 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 512-305-9000 www.tbae.state.tx.us 4