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HomeMy WebLinkAboutContract 33373 CITY SECRETARY CONTRACT NO. 33 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant,Denton, and Wise Counties,Texas,hereinafter called the"City", acting herein by and through Marc Ott, 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 phase services for the reconstruction of the existing Howard Cabin in the Log Cabin Village in the City of Fort Worth. 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: Prepare an outline construction document set for the reconstruction of the existing Howard Cabin in the Log Cabin Village. The Howard Cabin is located at 2100 Log Cabin Village Lane in Fort Worth,Texas. SECTION II PERSONNEL 1. The following personnel will be assigned to this Project: I.I. Cityof FortWorth 1.1.1. Project Manager: Nancy Richardson,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 ARCHITECTS SERVICES 1. Architect shall consult with the City to clarify and define City's requirements relative to the assignments and review available data 2. Architect agrees to commit the personnel to each 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 Assignment 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. 5. The Architect shall perform services as outlined in the Arthur Weinman Architects letter dated January 9,2006(Attachment"A")attached hereto and incorporated herein as part of this Agreement. 6. Apply for building permits and provide such service as may be necessary for the building p issued. The City shall pay any fees for such Building Permits. Vd' z44 r.•:•,n h Page 1 o -� , NIGINAL 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 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 $3,500, hereinafter referred to as the"total fee",plus up to$250 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 Design Development and cost estimates 50% 1.2. Completion of Construction documents 75% 1.3. Action by City Council to accept bids 80% 1.4. Final acceptance of the Project by the City 100% 1.5. Reimbursement of allowable expenses shall not exceed $250 and shall be payable monthly as allowable expenses are incurred. Allowable expenses include: 1.5.1. Printing Costs 1.5.2. Enhanced CAD drawings for public and City meetings. 1.5.3.Long distance phone calls 1.5.4. Postage and courier expenses 1.5.5. Other costs with prior approval of the City. SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS 1. The Construction Budget for this Project is $100,000. 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 terns 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. IN Page 2 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 City fails to make any payment required herein for services and reimbursables 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 reimbursables incurred. SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Programming Phase: 1.1. The Architect shall visit the site and make himself familiar with the scope of the assignment 2. Design Phase: 2.1. The Architect shall perform all services necessary to prepare the design and secure a construction permit. 2.2. The design shall include all site work, design and coordination of utilities, and facility design required for a complete and functional project. 2.3. Architect shall prepare the design in stages as follows: 2.3.1. Design Development Phase: Preparation of architectural floor plans, principal elevations, and cost estimate. Upon written approval of this phase of the work, Architect may proceed to the Construction Document Phase. 2.3.2. Construction Document Phase: Preparation of architectural details, technical specifications, and cost estimates. 2.4. Format of Drawings Drawings at all stages of design will have the following characteristics: Scale for floor plans will be 1/4"or such other scale as may be agreed to in writing for all disciplines,elevations 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. 2.5. 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 conduct the Prebid Conference. 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. Page 3r�"� n f Igo ..`:/1: nl' C✓�: 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 review Contractor's marked up field drawings and prepare "Record Drawings"on bond and DWF/PDF files 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. 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 SECTION IX CITY RESPONSIBILITIES I. 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. Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment 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 Assignment 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-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. 10. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Assignment. 11. Manage the advertisement and bidding of the project,issue addenda, distribute bid documents, award contract,and execute the contracts. Page 4 (Jr r, 12. Administer the construction of the Project. 13. Provide inspection and management services. 14. Provide contractors marked up field drawings to the Architect for review. 15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. 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 Article V,Paragraph 2. 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 and 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 subconsultants, and all other persons performing any part of the work ,Page 5 �L,,I I ti6��t�, 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. 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 $1,000,000 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 $1,000,000 Project aggregate 5. 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. 6. General Insurance Requirements 6.1. 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. 6.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under applicable policies documented thereon. 6.3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 6.4. 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. 6.5. 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. Page v 6.6. The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City. 6.7. 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. 6.8. 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. 6.9. 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. 6.10.All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 6.11.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. 7. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. ARTICLE 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 project. 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. 44 Page 7 K.t 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 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 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 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 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. wp r'' i 6j 6HIT Page 8 v��l' J hi 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. EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS ;"d day of ►L .A.D.,2006. n Arthur Wei man chitects APP E By: y: krthu—r W. Weinman,AIA Marc Ott President Assistant City Manager APPROVAL RECOMMENDED: RECORDED: P—nr� By: /l1/ ( By: Robert Marty Hendrix Director,Transportation and Public Works City Secretary Date: APPROVED A O RM AN GALS . By: >i i LC7 Amy J. Ramsey' EREQ=UIRED Assistant Ci Atto ey O M& Page 9 �"k 1�^v •^1 J Yi •z''`IJ.�U� Y��tl Jan 09 06 11 : 52a Weinman Architects 8177372203 p. 2 ARTHURWEINMAN A R C H I T E C T S c January 9; 2006 Ms. Nancy Richardson,Architect City of Fort Worth Log Cabin Village Transportation and Public Works Department Howard Cabin Architectural Services 319 W. 1 e Street Fort Worth, Texas 76102 Dear Nancy, I am pleased to offer you the following proposal for Architectural Services to prepare an outline construction document set for reconstruction of the existing Howard Cabin in the Log Cabin Village in Fort Worth. The reconstruction will use as many of the existing authentic materials as possible. The reconstruction documents will follow the original design of the cabin as closely as possible, as can be documented by photographs and drawings available before its move to the Log Cabin Village. This document set will be presented as a set of drawings including floor, ceiling and roof plans, exterior and interior elevations, diagrammatic sections and detail drawings for the footings and fireplace structure. Documents shall also be accompanied by an evaluation, which shall also be used as a description of the objectives for the reconstruction. It shall include an evaluation of existing conditions that appear to be original, as well as those that may have been changed, added, or inappropriately replaced during the various uses of the building over its lifetime. The building has significant historical importance to the Fort Worth area. Our evaluation will.include recommendations regarding its proper rehabilitation. In development of these recommendations for rehabilitation, we will attempt to be as authentic and historically correct as possible. The evaluation will be presented in an 8.112° by 11"format, and will include noted digital photographs of the existing construction where required for the reconstruction. Drawings will be presented in 24"x 36"format. They will define the type, size and general construction of the building, and are required for proper illustration of points that will be brought out by the text. Our services will not include preparation of as-built documentation of the existing building. Our services will not include Structural or MEP engineering or any other engineering or professional service consultants. We do not believe these additional services will be required for this project. If required, any of these additional services can be either an addition to this proposal, or under separate contract with the City of Fort Worth for this project. 6777 Camp Bowie Boulevard 5 tt '39 Fe,,a`vVo Texas 76116 817-737-0977 817-737-2203 fax www.weinmanarchitects.com Jan 09 06 11 : 52a Weinman Architects 8177372203 P• 3 All historical information about the building, including early written descriptions, old photographs and any drawings prepared before its move to Log Cabin Village would be a tremendous help to ensure the proper recommendations for rehabilitation of the building. Likewise, although the building will not be eligible for either Registered Texas Historical Landmark or National Register designation,we plan to consult with the Texas Historical Commission regarding their knowledge of similar period buildings. Our statements will be submitted monthly or at the completion of the report. Payment of all invoices will be due upon receipt of invoice. Payment not received within thirty days of the invoice date shall bear interest at the rate prevailing at the principal place of business of the Architect. Our hourly billing rates shall include the following personnel rates: Principal $125.00 per hour Project Architect $ 85.00 per hour Senior Project Manager $ 70.00 per hour Project Manager $ 60.00 per hour Senior Draftsman $ 45.00 per hour Draftsman $ 40.00 per hour Word Processor $ 35.00 per hour The value of this proposal is based on a Flat Fee,excluding reimbursable expenses,for Architectural Services,as itemized: Architectural Services $ 3,500.00 This proposal is good for 90 days from the above date. if you decide to proceed after that date we deserve 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, if invoiced through our offices Blueline, sepia and Xerox printing Computer plotting services Photography Long distance travel, air travel, meals, hotel, auto rental Auto travel at$.30 per mile U.S. mail and other mail services Long distance telephone and FAX machine Express Mail, Federal Express, bus delivery, or any other local or long distance courier services Please see the attached General Conditions of Proposal for further information regarding this proposal. ROD tv� � � � Jan' 09 06 11 : 52a Weinman Architects 8177372203 P• 4 I appreciate the opportunity to assist you with this project. If this proposal is acceptable, I will prepare an.A.i.A. B-151 abbreviated 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:es 3