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HomeMy WebLinkAboutContract 40218STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § SECRETARY RACT AQL1 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 Fernando Costa, its duly authorized Assistant City Manager, and Arthur Weinman Architects, hereinafter called the "Architect", acting herein by and through Arthur W. Weinman, AIA , its duly authorized representative, for the purpose of providing architectural design, and construction phase services for the R.D. Evans Community Center renovation project for the Parks and Community Services Department. 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 the 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 the Project: Provide design and construction phase services for the interior renovation of existing facility located at 3242 Lackland Road in Fort Worth, TX. The scope of work is described thoroughly in Attachments "A " and `B" 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: Alfonso Meza, Registered Architect. 1.2. Architect 1.2.1. Principal in Charge: Arthur W. Weinman, AIA. 1.2.2. Project Architects: Gretchen Gause, AIA and Trent Ulm, Architectural Intern 2. Neither party may change key personnel without the prior written agreement of the other party. SECTION III —CHARACTER OF ARCHITECT'S SERVICES 1. The Architect shall consult with the City to clarify and define City's requirements relative to the Project and review available data. 2. The Architect agrees to commit the personnel to each assignment of the Project as necessary in order to complete the Project 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 Project at City's cost and expense (which services and data the Architect is not to provide hereunder but on which the Architect may rely in performing services hereunder) and act as City's representative in connection with any such services of others �ECORD ' , � SECRETP�RY FIT WORT TX RD Evans Community Center Renovation Page 1 of 11 03 May 2010 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 March 15, 2010, subject: R.D. Evans Community Center, 3242 Lackland Rd, Fort Worth, TX which is attached hereto as Attachment "A" and Attachment `B" and made a part of this Agreement. 6. The Architect shall 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 the City, the 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 the City as indicated in Section V — COMPENSATION SECTION V —COMPENSATION TO ARCHITECT 1. The total compensation for all of the assignments to be performed by the Architect as described in SECTION III — CHARACTER of ARCHITECT'S SERVICES hereof shall be $30,790.00, hereinafter referred to as the "total fee", plus up to $2,000.00 in reimbursable expenses. 2. The Architect shall be paid the following percentages of the total fee at the following stages of the Project: 2.1. Completion of Schematic Design and cost estimates 20% 2.2. Completion of Design Development and cost estimates 40% 2.3. Completion of Construction documents and cost estimates 75% 2.4. Action by City Council to accept bids 80% 2.5. Final acceptance of the Project by the City 100% 2.6. Reimbursement of allowable expenses shall not exceed $2,000.00 and shall be payable monthly as allowable expenses are incurred. Allowable expenses include: 2.6.1. Printing Costs 2.6.2. Enhanced CAD drawings for public and City meetings. 2.6.3. Long distance phone calls 2.6.4. Postage and courier expenses 2.6.5. Travel, mileage only 2.6.6. Other costs with prior approval of the City. SECTION VI —RESPONSIBILITY FOR CONSTRUCTION COSTS 1. The Construction Budget for this Project is $275,000. 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 RD Evans Community Center Renovation Page 2 of 11 03 May 2010 City may terminate this Agreement, and the Architect shall be entitled to 80% of the total We plus allowable reimbursement. 2. The Architect shall inform the City in writing of the probable construction cost at the submission of each design phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously approved Construction Budget. SECTION VII —METHOD OF PAYMENT 1. The Architect shall be paid not more frequently than once per month on the basis of statements prepared from the books and records of account of the Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment according to statements will be subject to certification by the Director of 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 Project until completion. If City fails to make any payment required herein for services and reimbursable expenses within sixty (60) days after approval of the Architect's statement thereof, the Architect may, after giving seven (7) days written notice to City, suspend services under this Agreement until the Architect has been paid in full all amounts due for services actually performed and reimbursable expenses incurred. SECTION VIII —PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Schematic Design Phase: 1.1. The Architect shall visit the site and make himself familiar with the scope of the Project. 1.2. Prepare alternative floor plans, architectural concepts and principal equipment and finish plans and area -based cost estimates. 1.3. The Architect shall not proceed to the Design Development Phase until the City has approved the Schematic Design phase of the Project. 2. Design Development Phase: 2.1. The Architect shall per all services necessary to survey and assess the existing facility to complete the design and secure a construction permit. 2.2. The Architect shall prepare presentation graphics using plans necessary for the design and attend one public meeting, if required during the design of the project. 2.3. The Architect shall prepare the design in stages as follows: 2.3.1. Design Development Phase: Preparation of architectural and MEP floor plans, principal elevations, cartoon set, selection of principal equipment and finishes, and discipline -based cost estimates. 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 detailed architectural, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed cost estimates. 2.4. Format of Drawings 2.4.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations 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. RD Evans Community Center Renovation Page 3 of 11 03 May 2010 2.4.2. Drawings shall plot to 22x34 sheets to facilitate half-size 11x17 prints. Fonts shall be legible at half-size. 2.5. The Architect, at its sole cost and expense, shall engage a Consultant to prepare `Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. 2.5.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in modifying a facility in the event it is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Guidelines. 2.5.2. The City will bear the construction costs associated with enhancements. The Architect will reimburse the City for costs to replace or rework features that were constructed in accordance with the design but fail to meet accessibility requirements or building codes. 2.6. The Architect shall submit estimates of probable construction cost for each stage of the Project to the City. 2.7. The City shall acknowledge the probable construction costs and scope in writing at each stage of the Project. 2.8. Upon review and written approval of the final design, the Architect shall make whatever final changes are necessary to submit the drawings and technical specifications to the City for use in bidding. 2.9. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 3. Bidding: 3.1. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and attend the Prebid Conference and participate in the General Contractor selection process. 3.2. The Architect shall coordinate printing of documents for bidding and upload to AutoDesk Buzzsaw. 3.3. Following bidding, the Architect shall investigate the qualifications of up to three (3) 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, and costs associated with proposed change orders, and resolving construction problems. 4.2. 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. 4.3. The Architect will review contractor's pay requests. 4.4. The Architect will conduct final acceptance and end of warranty inspections. 4.5. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of "Record Drawings" for the City's archives. 4.6. The 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 RD Evans Community Center Renovation Page 4 of 11 03 May 2010 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 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 Project. 2. Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. 3. Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. 4. Designate in writing qualified persons who will act as City's representatives with tespect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the 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 sriuctural 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 the Architect, obtain advice of an attorney, insurance counselor and other Consultants as deemed appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the 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 the 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 the City as may be required for the Project. 11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. 12. Administer the construction of the Project. 13. Provide inspection and management services. 14. Provide Contractor's prepared 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. RD Evans Community Center Renovation Page 5 of 11 03 May 2010 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 Section V COMPENSATION TO ARCHITECT and SECTION VI — RESPONSIBILITY FOR CONSTRUCTION COST hereof. The Architect shall also be compensated for all termination -related expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided, however, the 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 — COMPENSATION TO ARCHITECT. 3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City reproducible copies of all completed or partially completed Architectural and 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, designs, working drawings and specifications and other Architectural and 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 surveys, designs, working drawings and specifications and other Architectural and 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, 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 Consultants, 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 Architects's professional services or in the preparation of designs, working drawings, specifications and other documents. 4. The Architect shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring the Architect to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information provided to the Architect by City, or any deviation in construction from the Architect's designs, working drawings, specifications or other documents. RD Evans Community Center Renovation Page 6 of 11 03 May 2010 5. Without limiting the above indemnity, the 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 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 $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 6. The 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 thirty (30) days prior written notice to City. The City reserves the right to revise insurance requirements specified in this agreement to the best interests of the City. 7. General Insurance Requirements 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under applicable policies documented thereon. 7.3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 7.4. A minimum of forty-five (45) days notice of cancellation, non -renewal or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto the 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 Ciry. RD Evans Community Center Renovation Page 7 of 11 03 May 2010 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 maybe acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's insurance policies including endorsements thereto and, at the City's discretion, the Architect may be required to provide proof of insurance premium payments. 7.10. All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 7.11. The Professional Liability Policy shall be written on a "claims made" basis and shall be in effect for the duration of this Agreement and maintained for a period of six (6) years following the issuance of the Certificate of Substantial Completion by the Architect. The City shall be notified at least thirty (30) days prior to cancellation or substantial change in coverage. An annual certificate of insurance submitted to the City shall evidence such insurance 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. The City acknowledges that the Architect will perform part of the work at the City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that the 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 the City, the City hereby releases the 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 the Architect's negligence or if the Architect brings such hazardous substance, contaminant, or asbestos onto the Projects. SECTION XIII —RIGHT TO AUDIT 1. The 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. The Architect agrees that the City shall have access during normal working hours to all necessary Architect's 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 the Architect reasonable advance notice of intended audits. 2. The Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the Consultants 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 Consultants, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all Consultant's facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. The City shall give the Consultants reasonable advance notice of intended audits. RD Evans Community Center Renovation Page 8 of 11 03 May 2010 3. The Architect and Consultants agree to photocopy such project -related documents as may be requested by the City. The City agrees to reimburse the Architect and Consultants 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. The Architect shall perform all work and services hereunder as an independent Architect, and not as an officer, agent, servant or employee of the City. The 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 — M/WBE GOALS 1. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. The Architect acknowledges the M/WBE goal of 15% established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Architect may result in termination of this Agreement and debarment from participating in City contracts for a period of time not less than three (3) years. SECTION XVIII —OBSERVE AND COMPLY 1. The Architect shall at all times observe and comply with all Federal and State laws and regulations and wi all City ordinances and regulations which in any way affect this Agreement and the work reunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist r by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. The Architect agrees to defend, indemnify and hold harmless City and all its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. SECTION XIX —MISCELLANEOUS 1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the RD Evans Community Center Renovation Page 9 of ll 03 May 2010 United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is deemed an original. X Remainder of Page Intentionally Left Blank XXXXXXXX��XX�OO� RD Evans Community Center Renovation Page 10 of 11 03 May 2010 EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS �day of Arthur By: Principal APPROVAL RECOMMENDED: By: William A. Ve kest, PE, D' ector Transportation and Public Works Department APPROVED A T F RM AT By: V77777 Amy . R sey Assistant fity Attorney APPROVED: By: Fernando Costa , A.D., 2010. Assistant City Manager RECORD D: �. By: Martha "Marty" endrix City Secretary No M&C required Contract Authorization Date: 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. OFFICIAL. RECORD CITY SECRETARY �T WORTHTX RD Evans Community Center Renovation Page 11 of 11 03 May 2010 A R C H Mr. Alfonso Meza City of Fo^rl w ^r4k 401 West 13th Street Fort Worth, Texas 76102 Dear Alfonso, T E C T S R.D. Evunu Community Center 3242 Lackland Road AWA Project # 10=007 i am pleased to offer you the following proposal for Architectural services for the rehabilitation of the R.D. Evans Community Center at 3242 Lackland Road, Fort Worth, Texas, This 1953 building has approximately 19,700 sq. ft. enclosed first level area. Architectural services will include the consulting services of a Structural Engineer, MEP Engineer and Registered Accessibility Specialist (RAS) Consultant. Our services shall be for the building interior only and will closely follow the priority recommendations provided to us at the Kick -Off meeting at the site on January 28, 2010, (copy attached). The goal of the project is to rehabilitate the building to meet all current Building (including Life Safety and Evacuation), Fire, Plumbing and Electrical codes and current Texas Accessibility Standards (TAS). In addition to the attached priority recommendations above, the City of Fort Worth has also requested that we include the following items in our scope of work: Revised street address on building or at site, as required by Fire Department for positive building identification. • Review and include any required revisions in site accessibility to the building include all City of Fort Worth design recommendations, submitted at each of the four stages of project review, within the design documents Provide record drawings of the completed project for the City of Fort Worth based on fieid notes and record drawings obtained from both the Owners Project Manager and the General Contractor. Architectural services shall include up to two design meetings with yourself or your staff either at your offices, our office, or the project site. Also included will be meetings for preliminary design, design development, at 50% and at 95% construction document preparation for a total of six meetings. Any additional design meetings would be additional to this proposal and would be charged at our hourly rates. Our services shall include preparation of documents for presentation by the City of Fort Worth Project Manager for City of Fort Worth building permits. Our services do not InnhirlP. nPrmit annlicatinn SP /irPS. When the nrnjPrt i.q rmmnlPtPrl wP Gh; record drawings consisting of one complete set of construction document: and specifications book) and a CD with pdf files. RECORD �RETARY E� YII9RT�t, TX 550 Bailey Avenue, Suite 332, Fort Worth, Texas 76107 817-737-0977 817-737-2203 fax wtvw. weinmanarchitects. com Once design or construction documents have been approved by you or your associates, subsequent revisions or additions would be an addition to this proposal and charged on the bass of our I iourly rateca. Si iouid ti ie A r ci itect feiii to incor poruie City of Fori V I LI I design comments during any one of the four document progress reviews, the Architect shall not ask for additional charges to correct omissions. Site design for the entire development incorporating the golf course, golf course access and so forth is not including in this proposal. We shall confirm with our Accessibility ^consul tout to di,'nfir m the wmpiiuncv of exiting ^.vnditivns VvILI i tiia=. Tmxus /�'fd^idssl Nlllly Standards and to determine what issues need to be addressed to meet compliance. We shall select exterior and interior cant colors; interior ceiling and wall finishes; flgor finishes and carpet according to the City of Fort Worth Design Guidelines. The design and documentation of new incidental built-in cabinetry, selection of window coverings and blinds are included as part our services. The Building shall be designed in full accord with current Texas accessibility regulations, all local, state and federal codes and regulations, City of Fort Worth Design Guidelines, and the project program given to us .% ., Uy your v,,;Le. 4216 Aar Construction documents shall include all items in the priority list that can be included within the project construction budget of $300,000 and shall include all items additionally detailed in this proposal. Additional items at the end of the priority list not within the budget shall be included in, the bid documents as optional cost, add alternate items, subject to your review, if1%a ghail prvn�;irle alr�tav,iiad �vnvetr�rt,.tin�n rt,�rt agfimafag fnt,r trig prne,ja`r+ fnF,r+ha rn,Celirrinaey design, design development and for the 50% and 95% construction document reviews. The Architect shall provide telephone advice, assistance durin_q bidding, shop drawin_q review and review of any required submissions . riease call us during construction if there are any questions regarding this project. Should you or your representatives or the Owner choose not to involve the Architect during the construction phase of the project, the Architect will not have any liability for iho nnn e4rl lniinn rJh�ec 3] 111c ^ vlwt. vvllili i. L %1111ciki nvtifivativii of ryiivativnv of 11ro w� latii iava;vl 1 m icledc N 7 interpretation of the construction documents or timely notification of any problems during construction, we can accept no responsibility for improper interpretation of documents or for problems encountered during construction. The services of the Architect or the Architect's consultants for r;rJngtrurtinn nh8ervatinn and verification of the progress of work in the �ieid during the construction period are not included in this proposal. Should these services be required they would be an addition to this proposal and charged at our houriv rates: Any services for revision of the documents to meet Owner's revised requirements after final design ap_provai would be an addition to this proposal and charged at our hourly rates. \,Nhen the construro4 .on documents are complete subm;ss,on ;s req�:ired for approve! to the Texas Department of Licensing and Regulation for compliance with the Texas Accessibility Standards ( I AS). Documents will be submitted by the Architect's office. All construction must be in compliance, the premises will be inspected by the Architect's Registered Accessibility Specialist Consultant for compliance, usually at completion of construction. The Owner or Owner's Representative shall be responsible for notifying the reviewer when construction is complete, and scheduling the date and time of the review. The Architect has included the pre -inspection, drawing review, TxDLR Project Fiiing Fee, and completed construction fee as part of his Professional Service fees received from the City. Any services for revision of the documents for requirements subsequent to our services, including time for review and negotiations with the TxDLR, lvould be an addition to this proposal and charged at our hourly rates. As the RAS will be making apse -inspection to identify a�Eeccibility i, rorrE?rtinn Of all such identified issues will be included within the scope of work as part of the complete Architectural documentation submitted for this project. -Our Hourly billings for these invoices wiii include the following personnel rates: Project Architect Senior Project Manager Project Manager Senior Draftsman Draftsman $110.00 per hour $ 85.00 per hour $ 70.00 per hour $ 50.00 per hour $ 45.00 per hour Professional fees shall be based on a flat fee for Architectural Services, excluding reimbursable expenses: Architectural Services Annabelia �ooiidge=winters, R.A. (RAS) Site pre -inspection fee $ 400 Drawing review fee $ 315 Constn. inspection fee 400 Total R.A. $13115 Structural Engineer MEP Engineers Tgtai Professional Services TDLR Project Filing Fee Total Project Professional Services &Fees $ 1,115.00 $ 1,000.00 $ 8,500.00 $ 30;615.00 $ 30,790.00 iirvofces for all profeSsiGrral se►dices will besUu`�iiiiec"f rnortihiy and acc:oruiriy' tG the Ciiy of Fort vvor<h schedule for percentages of the total fee. Payment of ail invoices wiii be due upon receipt of invoice. Payment not received within thirty days of invoice date shall bear interest at the rate prevailing at the principal place of business of the Architect. 3 City of Fort Worth schedule for percentages of the total fee for invoice submission: Completion of Schematic Design and cost estimates 20% (20% of contract) Completion of Design Development and cost estimates 40% (20% of contract) Completion of Construction Documents and cost estimates 700% (35% of contract) Action by City Council, to accept bids 80% 15% of contract) Final Acceptance of the Project by the City 100% (20% of contract) Total Project Value (100% of contract) "This proposal ids( goo�+dpf�o/ r 60 days frAompt/he our fees date. If you ■decide to proceed after that date we reserve the right to review ur feaeis at that time. Reimbursable Expenses, Not -To -Exceed $ 2,000.00 Reimbursable expenses, reimbursable with fifteen percent (15%) handling and carrying charges, shall include the following items. Consulting Engineers, other than itemized Printing Rendering or model production costs Long distance travel, meals, hotel, auto rental Auto travel at $ 0.55 per mile outside of Tarrant County Federal EXpYeSS or arnr other !one distance Courier or delivery services Please see the attached renp�a/ r©�c►.`tivn� of Prvpvsal for further information regarding this proposal. i �nnror+i�Tc 'rho nnnnrTniTv Tn �ccicT vni � ��iiin :nip nrCionT ITrnic nrnnCcui is �rrcni�i�lc I aaNNa.vcaav u w v�.+Nvaaauar w awaavwa J vaa rar+i wva. u nv h+v�r w uvvv�.raaw a+w 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. N ii�cerelji, Arthur W. AWW:ew Weinman, A.I.A. Evans Recreation Center Interior Rehabilitation 3.15.10 Consultants wmbe°�� MEP Torres Engineering Serb/ices 582�556=0848 $7,500.00 Yes 8237 Delafield Drive Fort Worth, Texas 76131 Roberto Torres MEP .Baird 1-#ampt�n Brown 817-'338-1277 $1,000.00 No L`'r3Fi i7 irinic.� i'ii.�ne *Fir'i r'i Lr.�nri.�li�iv�hi�h nnm v.ivv 1 ��uy�ca � �al.c rri vv NQI1\.IG711`W NIIN.I+VI 11 Fort Worth, Texas 76116 Ken Randall Structural Frank Neal &Assoc. 817-332-1944 $1,000.00 No 1015 13rc�adway 817-338-8820 FAX Fort iiVorih, Texas 7Ei'104 fneal(c�twna-eng.com Frank Neal Access Anabella Coolidge-1Ninters, R.A. 817-345-4818 5801 Wedgewood Dr. winters5@swbell.net Fn►t 1A/nrth, Texas 7E133 Pre -inspection of existing building $ 400.00 Document review fee $ 315.00 Inspection fee 400.00 Total R.A. flees $1,115.00 $1,115.00 Yes /A la —I'� TlJ111 11 i� \ ;F':��P55 total l�:�ltiT'9!�� :; �S.l�rr rPr3 iz y, ; ?yfi,il"�i Total Consultants Fees T�DI_r"� Registration Fee Total All Fees Percentage WMBE (8,615 divided by 10,615 is .8116) $ 8,615.00 10.615.00 $ 175.00 $10,790.00 81.16% 5 General Conditions of Proposal. This proposal does not!nclude 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. Ary City, State or Federal fees for permits, fees, licenses, drawing reVIeVVs, slte inspections, and so fGrth, including Texas Accessibility Standards compliance, are the responsibility of the Owner and will be included in the Architects reimbursable statements. The Contractor for the construction phase of the projectwi!! have full responsibility for the detection or removal of any asbestos or asbestos containing materials or other hazardous materials at the project site. The Architect or the t�rchitectfs consultants are in no way responsible for any asbestos or hazardous material's defection or removal. We will clearly assign asbestos and heavy metals or hazardous materials detection and removal to the General Contractor in the Construction Documents. It is specifically understood and agreed 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 tras beepa given addifion-alf revision or audditions toF the approved plans would be an addition to� this corftact aid charged on the 001^ of our hvurly r ales. We shall not be responsible for any delay in services caused by circumstances beyond our reasonable control, nor delay, which may be occasioned by actions which, in the sole judgment of the Architect, are required in the exercise of usual and customary professional care. The Architect and his consultants shall not be liable for damages arising out of any such delay, nor deemed to be in default as a result thereof. The Rrcllitect dial{ neither have control Gver or charge Gf, i'Gr be reSpGna!b{e fGr, ti'e cGi'SirlictiGn'i'2ai'S; methGdS; techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities. It is the responsibility of the Contractor to ensure that all workers and ar`�sans selected tG work on the pr oje�t have the correct experience and skills to complete the work in a complete and craftsman -like manner. The Contractor has the sole responsibility for the selection of his employees and subcontractors and the quality of the completed work. The Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the contract documents. The Architect shall be responsible for the Architects negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. StTduidthc iluemercftoose= rtottd ittvdive and Arcfiiiiectduring tite strop drawing rovrdworcdRsfi'ucticri pfiasos ofttie project, the Architect wiil not have any iiabiiiry for these phases of the project. Without timeiy notification of questions of interpretation of the construction documents, or timely notification of any problems during construction, we can accept no responsibility for improper interpretation of documents or for problems encountered during construction. The standard of care for all professional services performed or furnished by the Consultant (Arthur Weinman, Architects under this agreemeni:wilt be the skill arld Care used by members of the Consults profession practicing under Si'i'iiar iir cu'i'Sfa^itieS of file Sa'i'c ii'i'e ai'd in the Sa'i'e {GCality. CGi'Sliitant ri �a^keS nu warr antics, express Gr implied, under this agreement or otherwise, in connection with Consultants services. It is expected that a contract for the project will be entered into prior to our commencing work. If a contract is not executed we will proceed with the understanding that, unless varitten 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. Sox 12337 Austin, Texas 78701-2337 Telephone 512-305-9000 www.tbae.state.tx.us C:� Torres Engineering Services, Inc Compensation Compensation for work in this proposal will be $8,500.00 (Eight Thousand Five Hundred Fifty Dollars and 00/100). The following is the compensation breakdown: Billing will be on a monthly basis according to percentage of design completed during the billing period. Payments will occur within 15 calendar days.of receipt of payment from the end -customer. Reimbursable Expenses TES will provide one electronic copy of documents indicated in the Deliverables section at no additional cost to the customer. The following expenses are considered reimbursable at cost with previous authorization from the customer: transportation — - -- - -- - - ---- 11110111 Additional Services Is Revisionsto previously approved documents. • Life -cycle and other cost -benefit analysis reports. • Construction Administration Services Hourly Rate Schedule Services The following hourly schedule will apply for construction administration and any additional services needed during this project: Principal Project Manager Sr. Engineer Engineer - PE Engineer - EIT Acceptance $175 per hour $15V per hour $125 per hour $100 per hour $ 35 per hour Sr. Designer Designer CADD/ Drafting Clerical Your signature below will provide acceptance to this proposal Torres Engineering Services, lnc Roberto Torres $90 per hour $80 per hour $60 per hour $50 per hour Arthur Weinman Architects (Signature and date) 8 Engineering Production �a! & Assoc., lnc. Brtri WAY,Fb WOrth.TLk 75104 Hourly Rate Schedule Principal Engineer I $150.00 Hour Principal Engineer II $135.00 Hour Senior Engineer $150.00 Hour Associate Engineer $130.00 Hour Project Engineer I $120.00 Hour Project Engineer II $105.00 Hour Design Engineer I $ 90.00 Hour Design Engineer II $ 85.00 Hour Intern Engineer $ 50.00 Hour CAD Project Manager $90.00 Hour CAD Technician I $75.00 Hour CAD Technician II $65.00 Hour CAD Technician III $60.00 Hour CAD Technician IV $55.00 Hour CAD Technician V $50.00 Hour Administrative I $60.00 Hour Administrative II $55.00 Hour Clerical I $40.00 Hour Baird, Hampton & Brown, Inc. ® 0 Engineering & Surveyi Q ng BHB Hourly Rates Principal Project Manager Sr. Engineer Engineer - PE Engineer - EIT Sr. Designer Designer CADD/ Drafting Clerical $� 75 per hour $150 per hour $125 per hour $100 per hour $85 per hour $90 per hour $80 per hour $ 30 per hour $50 per hour 6300 Ridglea Piace, Ste 700, Fort Worth, Texas 76116 Tel: 817-338-1277, Fax: 817-338-9245, www.bhbinc.com FIRI1�IIlEGI,STRATION # F-000044 R. D. Evans Community Center Kick —Off Meeting January 28, 2010 Prioritize Recommendations by PACSD: Sheri Endsley and Diane Lewis February 2, 2010 1. Entry a. ADA / TAS — currently two steps up to Main Entry, accessibility to be provided @ main entry, per TAS. 2. Bathrooms a. ADA /TAS —currently one restroom is ADA /TAS compliant, two are not — look into ADA / TAS requirements for. these two restrooms when considering a renovation (not new construction). 3. Signage a. Current code violations (fire) for CC sign and address; needs to be visible from street. 4. Lobby: Enlarge current office to either include two office areas within one large space or create two separate offices — currently one of these office areas also contains a `public counter' 5. Lobby: "Public counter' area to move closer to the main entry area — with the expansion of office space behind this area. Counter area to be set up with appropriate work station (computer, phone, etc.) 6. Lobby: Lighting — replace lighting 7. Lobby: Flooring —replace existing tile floor 8. Lobby: Mop Closet install ventilation 9. After School Program Room &Game room: Create a more `open' & `accessible' feeling between the two rooms 10. ASP/ Game Room: Add storage / cabinet space in the ASP area 11. ASP: Flooring 12. ASP Game Room: Ventilation for Kiln (check existing ventilation — code?) 13. South Room Kitchen: Larger refrigerator w1 ice maker (100lunch storage) 14. South Room: Replace room divider —currently canvas hanging divider 15. South Room: AN friendly room— drop down screen, ceiling mounted projector, etc. 16. South Room: Flooring replace the floor (possible asbestos) 17. South Room: Closet Expansion —need walk isle between tables/ shelves (3'-5' exp.) RECORD �:ITY SECRETARY �T. WORTH, TX Page: 2 Prioritize Recommendations by PACSD: Sheri Endsley and Diane Lewis 18. North Room Dining /Classroom: Flooring —replace existing wood floors; floors unable to be re -finished. 19. North Room: Kitchen 2) — employee break area Replace cabinets & c countertops. 20. North Room Kitchen: Flooring replaced 21. North Room: Ballet bars — replace 22. North Room: Partition —replace, preferably with door access in it. 23. Storage: Utilization of current basement — access problems currently. 24. Gym: Acoustic tiles — sound deadening (maybe tectum panels) 25. Gym: Adjustable BB goals — height of rim adjustment 26. Weight Room: Increase size of current room; more use anticipated