HomeMy WebLinkAboutContract 29483STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
CIiY �E�RC�'A�i��`-`�—`����
C�NTRACT �e
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal
corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by and through its
duly authorized Assistant City Manager, and Halbach-Dietz Architects, hereinafter called the "Architect"
for the purpose of providing architectural design services for the Fort Worth Community Arts Center
renovation.
WITNESSETH
That for and in consideration of the muival covenants and agreements herein contained, the parties hereto
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent coniractor, 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 admiuistration services for renovarion of the Fort Worth
Community Arts Center to comply with ADA access requirements and to engineer the
HVAC system repairs. A detailed Scope of Services dated January 5, 2004, is attached
to this Agreement and made a part of it.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Nancy Richardson
1.2. Architect
1.2.1. Principal in Charge: Joe Halbach
1.2.2. Architect of Record: Joe Halbach
1.2.3. Project Architect: Joe Halbach
2. Neither party may change key personnel without agreement by the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relarive to the assignments
and review available data.
2. Architect agrees to commit the personnel to each assigntnent 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 from others services
and data required in connecrion with the Assignment at City's cost and expense (which services and
data Architect is not to provide hereunder but on which Architect may rely in perfornung 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 documents required far design submittals, presentations,
bidding and construction contracts.
5. Perform services as outlined in a Proposal letter dated January 5, 2004 which is attached to and made a
part of this Agreement. '
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SECTION IV SPECIAL SERVICES OF ARCHITECT ' � v '� ''•�
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1. If authorized in writing by City, Architect shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not included as part of the Basic Services
outlined in SECTION I- SERVICES OF THE ARCHITECT and the Architect's Proposal. 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 as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $24,500. Architect
shall not be paid more than the following amounts based upon the stage of design:
1.1. Completion of Schematic Design Phase 20%
1.2. Complerion of Design Development and cost estimates 50%
1.3. Completion of Conshuction documents 75%
1.4. Action by City Council to accept bids 80%
1.5. Final acceptance of the Project by the City 100%
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project is $240,000. If the Construction Budget is exceeded by the
lowest bona fide bid, the City shall (1) award the contract, (2) if the project is abandoned, ternunate 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 Conshuction Budget. In the event the City abandons the project, the City
may ternunate this Agreement, and the Architect shall be entitled to 80% of the total fee.
2. The Architect shall inform the City in writing of the probable construcrion 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 addirional cost to the City, to stay within the previously
approved Construcrion Budget.
SECT'ION 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 tern�s 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 Deparhnent or his duly authorized representarive 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 Assignment until completion. If Ciiy fails to make any agreed to payment due Architect
for services and out-of-pocket 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 unril Architect has been paid in full ali amounts due for services actually performed and
out-of-pocket expenses actually incuned.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Design Phase:
1.1. City shall notify the Architect when it is appropriate to proceed with the services.
1.2. The Architect shall visit the site and make hixnself familiar with the scope of the assignment
1.3. The design shall include all site work, design and coordination of utilities, landscaping and
facility design required for a complete and functional project.
1.4. Architect shall prepare the design in stages as follows: __
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- 1.4. l. Schematic Design: Preparation of alternarive floar and site plans, architectural concepts and
principal equipment and iuush plans and area-based cost estimates.
1.4.2. Design Development: Preparation of architectural and MEP floor plans, principal elevations,
civil and utility site plans, cartoon set, selection of principal equipment and fuushes, and
discipline-based cost estimates.
1.43. Construction Documents: Preparation of details, mechanical, electrical, and plumbing plans,
finish schedules, detailed technical specifications, and detailed cost estimates.
1.5. Format of Drawings
1.5.1. Drawings at all stages of design will have the following characterisrics: Scale for floor plans
will be 1/8" or agreed to scale for all disciplines, elevations will be at same scale as floor
plans, area plans will have same scale far all disciplines, and site plans far all disciplines
will be at same scale.
1.5.2. Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
1.6. Architect shall prepare "Elimination of Architectural Barriers Registration" and submit the
applications to the Texas Department of Licensing and Regulation. 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.
The Ciiy will pay all associated fees.
1.6.1. 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 ArchitecYs designs
and is subsequently determined to be in non-conformance with the above Act, Codes or
Guidelines.
1.6.2. The City will bear the construction costs associated with enhancements while the Architect
will reimburse the City for costs to replace or rework features.
1.7. The Architect shall submit estimates of probable construcrion cost for each stage of design to the
City in five copies.
1.8. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
1.9. Upon written approval of the fmal design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
1.10. The Architect shall invesrigate and, as approved by City, include procedures for mitigating
environxnental impact, use of recycled building materials, and sustainable construction, in the
design of the project.
1.11. Upon written approval of the Construction Documents, the Architect shall make whatever fmal
changes are necessary and submit the drawings and technical specifications to the City for use in
bidding.
1.12. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
2. Bidding:
2.1 The Architect shall respond to Contractors inquiries, prepare whatever addenda are necessary and
conduct the Prebid Conference.
2.2 Following bidding the Architect shall investigate the qualifications of up to three bidders and make
recommendarions concerning the capability of the bidder to satisfactorily perform the contract.
3. Construction Services:
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3.1. The Architect shall assist the City by approving submittals, observing construcrion procedures and
results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
3.2. Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all
participants and key project personnel.
3.3. At the completion of construction, the Architect shall conduct and document the fmal inspection
and assist the City on the resolution of construction or design deficiencies.
3.4. Architect will review contractor's pay requests.
3.5. The Architect shall review Contractor's marked up field drawings and prepare "Record Drawings"
on bond and DWF/PDF files for the City's archives.
3.6. Ar�hitect will provide CAD files of all drawings suitable to use on AutoCad LT or such other
operating system as deternuned by the City.
3.7. Architect will conduct fmal acceptance and end of warranty inspections.
All designs, drawings, specificarions, 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 inshuments of service without the written pernussion of the Architect will be at the
City's sole risk. The fmal printed designs, drawings, specificarions and documents shall be owned by
the City. Transfer of ownership of the contract documents does not consritute sale of the documents
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Assignment.
2. Conduct boundary surveys, platting, preparation of easements and any other property issues necessary
to complete the design and secure a construcrion pernut.
3. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Assignment and in obtaining addirional reports and data as required.
4. Upon reasonable norice arrange for access to and make all provisions for Architect to enter upon public
and private properly as may be required for Architect to perform services hereunder.
5. Designate in writing qualified persons who will act as City's representatives with respect to the
Assignment for the purposes of transmitting instrucrions, receiving information, interpreting and
defining City's policies and decisions with respect to Architect's services.
6. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
7. 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 �y L'�e Architect in the
development of the design.
8. Examine all studies, reports, sketches, drawings, specificarions, 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.
9. Provide "Front End", including Division 1 requirements, for use in assembling the Project Manual.
10. Prepare easements and right-of-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.
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11: Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Assignment.
12. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract, and execute the contracts.
13. Administer the construction of the Project.
14. Provide inspection and management services.
15. Provide coniractors marked up field drawings to the Architect for review.
16. Pay all impact and utility fees and other fees not expressly assigned to the Architect.
17. Pay application fees for plan review for `Bliminarion of Architectural Barriers Registration"
18. Pay for printing of documents for bidding.
19. Bear all costs incident to compliance with this Secrion.
SECTION X TERMINATION
1. The City may terminate tMs 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 termuiates 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
tertnination 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.
3. Upon early ternunation or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreernent 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 1NSUI2ANCE
l. 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
and employees harmless from any loss, damage, liability or expenses, on account of damage to property
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and injuries, including death, to all persons, including but not limited to officers; agents, or employees
of the Architect or Subcontractor, and all other persons perfornung any part of the work and
improvements, which may arise out of any negligent act, error ar omission in the performance of the
Architect's professional services or in the preparation of designs, working drawings, specificarions and
other documents. In no event shall the Architect be liable for consequential damages.
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 sarisfy 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 property
or injuries to person caused by defects or deficiencies in design criteria and information furnished
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
Employers Liability Insurance
Bodily Injury $500,000
$500,000
$500,000
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000
$500,000
$100,000
Business Automobile
Combination Single limits $500,000
Personal Injury $2,500
Uninsured $500,000
Professional Liability Insurance
(Errors and Omissions) $1,000,000
$2,000,000
Per Occurrence
Each Accident
Policy Limit
Bodily Injury by Disease, each employee
each accident
disease - policy limit
disease - each employee
each accident
each person
each accident
Per claim
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 Addirional Insured
thereon, as its interests may appear. The term City shall include its employees, officers, officials,
agents, and volunteers as respects the contracted services.
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7.2. Certificate(s) of insurance shall document that insurance coverages specified. are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentarion shall not constitute a
waiver of the insurance requirements.
7.4. A muiimum of forty-five days notice of cancellarion, non-renewal or material change in coverage
shall be provided to the City. A ten days norice shall be acceptable in the event of non-payment of
premium Such temis shall be endorsed onto Architect's insurance policies. Notice shall be sent to
the Faciliries 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 Architects 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. Deducrible 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 rislc retention groups must be also approved. Dedicated
fmancial resources ar letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incturing expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discrerion, the Architect may be
required to provide proof of insurance premium payments.
7.10. 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 ArchitecYs indirect
overhead
7. ll. All insurance, except for the Professional Liability insurance policy, shall be written ou an
occurrence basis.
7.12. The Professional Liability Policy shall be written on a"claims made" and shall be in effect for the
durarion of this agreement and for 12 months following ArchitecYs 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 Substanrial Completion by the
Architect. The City shall be notified at least 30 days prior to cancellation or substantial change in
coverage.
7.13. Subconsultants to the Architect shall be required by the Architect to maintain the same or reasonably
equivalent general insurance coverage as required for the Architect. Architect shall provide City with
a copy of the certificate(s) of insurance. Notwithstanding anythnig to the contrary contained herein,
in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or
temunation shall not constitute a breach by Architect of the Agreement.
8. The City shall require the General Contractor to include the Architect as a Certificate Holder the general
contractor's general liability insurance.
ARTICLE XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
1. City aclrnowledges 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 generarion, 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 agrees in so far
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as permitted by law, to indemnify Architect from any and all losses, damages, claims, or actions
brought by third party or employees of City against Architect or Architect's employees, agents, officers,
or directors, in any way arising out of the presence of hazardous materials or condirions at City's
faciliries, except for claims shown by fmal judgrnent to arise out of the sole negligence of Architect.
The City shall defend at its own expense any suits of other proceedings brought against the Architect
and its officers, agents, servants, and employees or any of them on account thereof. Nothing herein
shall be construed so as to require the City to levy or assess any tax.
2. In connection with hazardous waste, including petroleum products, City agrees to the maximum extent
permitted by law to defend, hold harmless and indemnify Architect from and against any and all claims
and liabilities resulting from City's violation of any federal, state or local statute, regulation or
ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be
construed so as to require the City to lery or assess any tax.
3. The requirements contained in this Section shall not apply if the Architect introduces the hazardous
materials or conditions.
SECTION XIII RIGIiT TO AUDIT
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 expirarion of three (3) years after fmal 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.
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 Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XN 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
Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant ar 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 perfortning
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.
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SECTION XVIII OBSERVE AND COMPLY
If pernutting authorities require design changes so as to comply with published design criteria and/ar
current engineering practice standards which the Architect should have been aware of at the time this
Agreement was executed, the Architect shall revise plans and specificarions, as required, at its own cost
and expense. However, if design changes are required due to the changes in the pemutting authorities'
published design criteria and/or practice standards criteria which are published after the date of this
Agreement which the Architect could not have been reasonably aware of, the Architect shall notify the
City of such changes and an adjustrnent in compensation will be made through an amendment to this
Agreement.
SECTION XIX VENUE
Venue of any suit or cause of action under this Agreement shall lie in Tarrant County, Texas.
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.
EXECU D IN E CITY OF FORT WORTH, TEXAS, THIS �day of �, A.D., �'
By:
Pr' al' ame
. c � cr-5
Company
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Offic (President r Vice-President)
APPROVAL RECOMMENDED:
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By:
Director, Transport 'on and Public Works
APPROVED AS TO FORM AND LEGALITY:
By: v�i
City Attorney
APPROVED:
By:
Assistant�ity Manager
RECORDED:
By: ,.
City S�cretary
Date: �,:- r `" �
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.
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Hi4LBACH•DIETZ
ARCHITECTS
Architecture
Space Planning
Interior Design
4388 West Vickery Blvd., Suite 200
Fort Worth, Texas 76107
(817) 737-0725
(817) 737-6261 FAX
To: Nancy Richardson
Attn: 392-8488
Date: 1 /5/2004
Re: FW Community Arts Center —
HVAC and ADA Renovations
I. Architectural:
REVISED 1/5/4
FAX TRANSMITTAL
From: Joe Halbach
Job: 03050
Scope
1. Provide ADA access from circular drive in to building. Present thought is to
leave accessible parking spaces in place, provide compliant signage, and
widen tf�e circular drive-thru to accommodate both the accessible parking
spaces and the required 20'-0" fire lane. Presently the roadway is not wide
enough to accommodate both.
2. Provide ADA elevator access to entire building. Present thought is to use
the newest and east most freight elevator, and extend its shaft to serve
the 2"d floor, while also providing a stop at the main level.
Services v
1. Walk through facility to ascertain program requirements (Completed
12.16.3)
2. Obtain plans from owner and use plans to determine if #2 above can be
implemented.
3. Draw schematic solution including site plan and floor plans
4. Attend meetings to review acceptability of proposed schematic plans
5. Make a maximum of 2 revisions to plans
6. Upon approval of schematic plans, prepare construction documents
sufficiently detailed to submit for permitting and competitive bidding from
qualified contractors
7. Provide Bidding Services to include:
- answering questions from contractors and making
interpretations
- preparing addenda as necessary
Fort Worth Community Arts Center HVAC and ADA Renovations
Halbach•DietzArchitects Page 1
8. Provide Construction Administration Services to include:
- Shop drawing review
- Review, verify and certify "Application and Certification for
Payment".
Make minimum of one and maximum of two site visits per
month.
At the completion of construction conduct walk through with
contractor and prepare a punch list of items to be completed
before final payment.
Issue AIA document G704-2000 "Certificate of Substantial
Completion" for execution by owner and contractor.
If. MEP:
Scope
1. Replace 1953, 100 ton chiller.
2. Replace existing cooling tower.
3. Assume upgrading existing piping and electrical systems for the replaced
equipment.
4. Assume minor modification to existing air handling equipment.
5. Provicle conirols as required ior new equipment.
Services
1. Prepare schematic design package to include a narrative of the MEP
systems proposed
2. Upon client approval of the schematic architectural and MEP package,
prepare construction documentation sufficient in detail to obtain permitting
and competitive bids from qualified contractors
3. Provide Construction Administration Services to include:
- MEP shop drawing review
- 3 site visits, with one being for the final walk through
- Prepare final punch list of items
III. Structural:
Scope
1. Consult with architect on structural solution for penetrating second floor to
provide elevator access. Present thought is to enclose existing shaft with
CMU from ground floor to roof which would entail cutting a hole in the
second floor. Fee does not include penetrating the roof and modifying
existing framing to allow for elevator clearance, if necessary.
Services
1. Prepare construction documentation sufficient in detail to obtain permitting
and competitive bids from qualified contractors
2. Provide Construction Administration Services to include:
- Structural shop drawing review
Fort Worth Community Arts Center
Halbach • Dietz Architects
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HVAC and AdA Renovations
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IV. Civil (Grading Onfy):
Scope & Services
1. Based on information on survey provided by owner, provide grading plan
for modified fire lane/accessibility drive.
Exclusions
1. Reimbursable expenses including all printing/plotting, accessibility
review and inspection fees, detailed cost estimate, Fed Ex, and courier
services. A 10% markup will be imposed.
2. Additional services. Additional services are services performed by
Halbach�Dietz Architects and its consultants and include the following:
a. Revisions to the construction documents caused by owner
directed changes to the scope of the project: either the size, the
configuration, or the cost of the project, after the constructions
documents have begun.
3. Topographical survey (provided by City)
4. Geotechnical report (not anticipated)
5. Record or as-built documents (by contractor)
We propose to provide the above services for the Lump �um Fee of $24,500
Additional services will be billed at the following hourly rates. Consultant
additional services will be billed at cost with a 15% markup.
Principal $90.00/HR.
Technical Staff $80.00/HR.
Interior Designer $70.00/HR.
We will bill you monthly for services based c
completion of each phase of the work:
Schematic Design 30% of Fee
Construction Documents 60% of Fee ��
Construction Administration 20% of Fee --
We appreciate the opportunity to work with you
to beginning work upon your approval.
Sincerely,
Halbac Dietz Architects
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Joe Ibach, IA
Fort Worth Community Arts Center
Halbach•Dietz Architects
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HVAC and �DA Ren,ovation,s , ��
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Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2003 - Ordinance No. 15780, 15781, and 15782
DATE: Tuesday, December 09, 2003
LOG NAME: 02BLACKBOX REFERENCE NO.: G-14190
SUBJECT:
Appropriation Ordinance and Transfer from Capital Projects Reserve Fund to Incorporate HVAC and
Accessibility Improvements to the Fort Worth Community Rrts Center
RECOMMENDATION:
It is recommended that the City Council:
1: Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Capital Projects Reserve Fund by $131,500 from available funds; and
2. Authorize the transfer of $131,500 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund for HVAC (heating, ventilation, and air-conditioning) improvements to the Community
Arts Center; and
3. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and
Tourism Fund by $59,000 and decreasing the unreserved, undesignated fund balance by the same amount;
and
4. Authorize the transfer of $59,000 from the Culture and Tourism Fund to the Specially Funded Capital
Projects Fund for the City's portion of the total cost to develop the Black Box theater; and
5. Authorize the transfer of $50,000 from the General Fund to the Specially Funded Capital Projects Fund
for Americans with Disabilities Act (ADA) improvements to the Community Arts Center; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $240,500 from available funds.
DISCUSSION:
On March 6, 2001 (M&C C-18491), the City Council approved engaging a consultant to look at community
needs and the Ciry's option for reuse of space which formerly was the Modern Art Museum. The
recommendation, Adaptive Reuse Study, was the development of a cultural center that would house both
local visual and performing arts. Resoundingly, the community supported this recommendation.
In November 2002, under contract to the City, the Arts Council began development and management of
the Fort Worth Community Arts Center. The management contract between the Arts Council and the City
states that the Arts Council raises funds for programmatic activity and capital improvements relating to
program development, and the Cit� provides partial subsidy and funds major repairs to the
infrastructure. The City's contract states that the Arts Council may petition the City for major infrastructure
repairs and improvements. This Mayor and Council Communication serves as the petition from the Arts
Council to the City.
A primary recommendation of the Adaptive Reuse Study was the development of a 150- seat flexible
+
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theatre space to complement the 500 seat Scott Theatre. The arts community has reiterated this need
more recently. The flexible space would be very affordable and would address the needs of small and
midsize groups, as well as individual perFormers (poets, writers, independent producers, musicians, and
filmmakers). The space would accommodate workshops and educational presentations suited to smaller
audiences. Because risers and seats will be movable, the open, high ceiling space, with raised flooring,
would allow for dance rehearsals for groups such as Contemporary Dance, JAADE Dance Company, and
Imagination Celebration's Debbie Allen Dance Institute.
The total amount to develop the flexible theatre is $209,000. The Arts Council has committed to raise
$150,000 of that cost for the flexible theatre. The City is being asked to contribute $59,000 as leverage for
private sector match. In addition, the family of Hardy and Betty Sanders has also pledged $75,000 toward
this commitment. Grant proposals have been submitted to a local foundation and individual donors. A
"buy a seat" campaign will soon be underway.
The building was constructed in the 1950's, and neither the cooling tower, chiller, nor heating pumps have
been replaced. Additionally, there are some public spaces in the facility that are not ADA
accessible. Below is a list of the capital needs and the funding sources that are recommended for City
Council approval:
Culture and Tourism Fund Balance (Bed Tax)
Portion of cost ($209,000) of flexible theatre
Capital Projects Reserve Fund (CPRF)
Replace cooling tower
Replace chiller
Replace heating pump
General Fund
ADA ramp from parking lot to main offices
Wheelchair lift replacement in main gallery
Total Request
$ 59,000
$ 30,000
$100,000
$ 1,500
$ 25,000
$ 25,000
$240,500
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appro�riaiion ordinances, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund. The cash balance of the Capital Projects Reserve Fund after
this transfer will be $2,485,020.
TO Fund/Account/Centers
� $131,500.00
GC10 472001 013010001000
� $131,500.00
GC10 538070 013010001000
� $131,500.00
GC35 472010 020016002000
� GG04 538070 0240000 $59,000.00
� $59,000.00
GD35 472004 020016002000
�
$50,000.00
FROM Fund/Account/Centers
� $131,500.00
GC10 538070 013010001000
4) GG04 538070 0240600 $59,000.00
5) GG01 538070 0909103 �50,000.00
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GC35 472001 020016002000
6 $136,500.00
GC35 472001 020016002000
� $59,000.00
GC35 472004 020016002000
� $240,500.00
GC35 522222 020016002000
Submitted for City Manager's Office by: Charles Boswell (8511)
Originating Department Head: Bridgette Garrett (8518)
Sandy Oliver (7371)
Additional Information Contact: Joe Komisarz (8505)
http://www.cfwnet.or council�acket/Reports/mc�rint.asp 12/11/2003
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