HomeMy WebLinkAboutContract 40166STATE 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, Parker, and Wise Counties, Texas, hereinafter called the
"City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and
Arthur W. Weinman Architects, hereinafter called the "Architect", acting herein by and through Arthur W.
Weinman, AIA, its duly authorized representative, for the purpose of providing architectural design and
construction administration services for the restoration of Inspiration Point at Marion Sansom Park in Fort
Worth, Texas.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas;
professional services in connection with the following general scope of work:
Provide design and construction administration services for the restoration of
Inspiration Point at Marion Sansom Park in Fort Worth, Texas. The scope of services
is described more fully in Attachment "A" of this Agreement.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Ronald Clements, AIA, Registered Architect
1.2. Architect
1.2.1. Principal in Charge: Arthur W. Weinman, AIA
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relative to the Projects
and review available data.
2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete
the assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Projects at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in performing
services hereunder), and act as City's representative in connection with any such services of others.
4. The Architect shall pay for the printing of contract_ documents required for design submittals and
presentations as a part of the reimbursable allowance.
Inspiration Point at Sansom Park (Apr 2010)
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OFFICIAL RECORD
CITY $f:CF2ETi4RY
FT WORTH, TX
5. The Architect shall perform services as outlined in the Arthur Weinman Architects letter, dated April
9 2010 subiect Restoration of Patio and Shelter Inspiration Point, Marion Sansom Park, which is
attached hereto as Attachment "A" and made a part of this Agreement.
6. If at any time in the course of the design, the City expands the scope of services, or the Architect
believes the City has requested services that are beyond the scope of this Agreement, the Architect
shall submit a proposal for additional fees and a written agreement shall be reached on said proposal
prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement.
Architect shall not perform any additional services without a written agreement with City. Any
services provided prior to reaching an agreement on additional fees will be non-compensable.
7. Architect shall apply for building permits and provide such service as may be necessary for the
building permits to be issued. The City shall pay any fees for such Building Permits.
SECTION N SPECLAL SERVICES OF ARCHITECT
1. If authorized in writing by City, Architect shall furnish or obtain from others special services
necessary to complete the Projects. These special services are not included as part of the Basic
Services outlined in SECTION I - SERVICES OF THE ARCHITECT and Attachment "A." These
special services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect to complete the
Projects as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and
Attachment "A" hereof shall be $25,890.00, hereinafter referred to as the "total fee," plus up to
$1,175.00 in reimbursable expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of Schematic Design and cost estimates 20%
1.2. Completion of Design Development and cost estimates 40%
1.3. Completion of Construction Documents and cost estimates 75%
1.4. Action by City Council to accept bids
80%
100%
1.6. Reimbursement of allowable expenses shall not exceed $1,175.00 and shall be payable monthly
as allowable expenses are incurred. Allowable expenses include:
1.6.1. Printing Costs
1.6.2. Enhanced CAD drawings for public and City meetings.
1.6.3. Long distance phone calls
1.6.4. Postage and courier expenses
1.6.5. TDLR project filing fee
1.6.6. Other costs with prior approval of the City.
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SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for the Project is $235,000.00. If the Construction Budget is exceeded by
the lowest bona fide bid, the City may (1) award the contract, (2 abandon the project and terminate this
agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay
within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of
the project and rebid, the Architect shall, without additional fee, modify the Drawings and
Specifications as necessary to stay within the Construction Budget. In the event the City abandons the
project, the City may terminate this Agreement, and the Architect shall be entitled to 80% of the total
fee plus allowable reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Projects until completion. If City fails to make any payment required herein for services
and reimbursable expenses within sixty days after approval of Architect's statement thereof, Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Schematic Design Phase:
1:1. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative floor plans, architectural concepts, and finish plans and area -based cost
estimates.
2. Design Phase:
2.1. The Architect shall prepare presentation graphics using plans necessary for the design and attend
one City meeting (if required) during the design of the project.
2.2. Architect shall prepare the design in stages as follows:
2.2.1. Design Development Phase: Preparation of architectural and MEP plans, principal
elevations, selection of principal finishes, and discipline -based cost estimates. Upon written
approval of this phase of the work, Architect may proceed to the Construction Document
Phase.
2.2.2. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans, finishes schedules, detailed technical specifications, and detailed cost estimates.
2.3. Format of Drawings
2.3.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations
Inspiration Point at Sansom Park (Apr 2010)
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will be at same scale as floor plans, area plans will have same scale for all disciplines, and
site plans for all disciplines will be at same scale.
2.3.2. Drawings shall plot to 2204 sheets to facilitate half-size 11xl7 prints. Fonts shall be
legible at half-size.
2At Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of
Architectural Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections.
All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of
Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for
Buildings and Facilities.
2.4.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in
modifying a facility in the event it is constructed in accordance with the Architect's designs
and is subsequently determined to be in non-conformance with the above Act, Codes or
Guidelines.
2.4.2. The City will bear the construction costs associated with enhancements. The Architect will
reimburse the City for costs to replace or rework features that were constructed in
accordance with the design but fail to meet accessibility requirements or building codes.
2.5. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.6. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.7. Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
2.8. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
3. Bidding:
3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and attend the
Prebid Conference, and participate in the contractor selection process.
3.2. The Architect shall coordinate printing of documents for bidding.
3.3. Following,bidding, the Architect shall investigate the qualifications of up to three bidders and
make recommendations concerning the capability of the bidder to satisfactorily perform the
contract.
4. Construction Services:
4.1. The Architect shall assist the City by approving submittals, observing construction procedures
and results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
4.2. Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all
participants and key project personnel.
4.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
4.4. Architect will review contractor's pay requests.
4.5. Architect will conduct final acceptance and end of warranty inspections.
4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of
"Record Drawings" for the City's archives.
4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as determined by the City.
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5. All designs, drawings, specifications, documents, and other work products of the Architect, whether in
hard copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of
the City of any such instruments of service without the written permission of the Architect will be at
the City's sole risk. The City shall own the final printed designs, drawings, specifications and
documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
6. Prepare schedules using the following scheduling software systems: Primavera Version 6.1 or
Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version
2003/2007. The softwares can be later versions. If a different software is planned, the software has to
be previously approved by the City.
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Projects.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Projects and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon
public and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Projects for the purposes of transmitting instructions, receiving information, interpreting and defining
City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide "Front End", including Division 1 requirements, for use in assembling the Project Manual.
9. Prepare easements and right-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 Projects.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract, and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors prepared field drawings to the Architect for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes
fees charged by Oncor for new or revised service.
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16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this Section.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections
V and VI hereof. Architect shall also be compensated for all termination -related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the ON
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and consultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
surveys, location of subsurface investigations, designs, working drawings and specifications and other
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 the subsurface investigations,
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
anA employees harmless from any loss, damage, liability or expenses, on account of damage to
property and injuries, including death, to all persons, including but not limited to officers, agents, or
employees of the Architect or 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
Architect's professional services or in the preparation of designs, working drawings, specifications and
other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents,
servants or employees harmless from any loss, damages, liability or expense, on account of damage to
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property or injuries to person caused by defects or deficiencies in design criteria and information
provided to Architect by City, or any deviation in construction from Architect's designs, working
drawings, specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$23000,000 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) $i,000,000 Per occurrence
$1,0001000 Project aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to
City. The City reserves the right to revise insurance requirements specified in this Agreement to the
best interests of the City.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of forty-five days notice of cancellation, non -renewal or material change in coverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to
the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth, TX 76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
Agreement. It is understood that insurance cost is an allowable component of the Architect's
general overhead.
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7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self -insured retentions, affecting insurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incumng 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 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. 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. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City, City hereby releases
Architect from any damage or liability related to the presence of such materials.
2. The release required above shall not apply in the event the discharge, release, or escape of hazardous
substances, contaminants, or asbestos is a result of Architect's negligence or if Architect brings such
hazardous substance, contaminant, or asbestos onto the Projects.
SECTION XIII RIGHT TO AUDIT
1. Architect agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that
the City shall have access during normal working hours to all necessary Architect facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
consultant 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 consultant, involving transactions to the subcontract, and further, that City
shall have access during normal working hours to all consultant 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 consultant reasonable advance notice of intended audits.
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3. Architect and consultants agree to photocopy such project -related documents as may be requested by
the City. The City agrees to reimburse Architect and consultants for the costs of copies at the rate
published in the Texas Administrative Code.
SECTION 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
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
consultants. Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent
superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal
of 4% is established for this Agreement and its commitment to meet that goal. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may
result in termination of this Agreement and debarment from participating in City contracts for a period
of time not less than three years.
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and
with all City ordinances and regulations which in any way affect this Agreement and the work
hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend,
indemnify and hold harmless City and all its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
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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.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS 1}day of Y� A.D., 2010.
0
By:
Principal
APPROVAL RECOMMENDED:
By:
William A. erkest, PE, rect
Transportation and Pu We Works Department
APPROVED AS TO
By:
AND LEG
Amy J. Ramsey ��
Assistant City Attorney
APPROVED:
By:
Fernando Costa
Assistant City Manager
.Marty Hendrix
City Secretary
M&C Not Required
Contract Authorization
The Texas Boazd of Architectural Examinees, 8213 Shoal
Creek Boulevazd, Suite
107, Austin,
Texas, 78758,
telephone (512) 305-
9000, has jurisdiction over individuals licensed under the
Architects' Regishation
Law, Texas
Civil Statutes,
Article 249a.
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OFFICIAL RECCh�C
CITY SECRETARY
FT. WORTH, TX �
ARTHUR W EINMAN
A R C H I T E C T S
April 9, 2010
Mr. Ran Clements
City of Fort Worth
401 West 13t" Street
Fort Worth, Texas 76102
AWA Project # 10-028
Dear Ron,
rhjTrlYl /t 1 4r�rt
Restoration of Patio &Shelter
Inspiration Point
Marion Sansom Park
Thank you for the opportunity to meet with you, Dalton, Scots and the other gentleman
from the Parks Department to discuss our services for the restoration of the 1930's Patio
and Shelter known as inspiration Point on Cahoba Drive just west of Roberts Cut=Off
Road in the Marion Sansom Park at Lake Worth, Fort Worth, Texas. We believe this is a
PWA building built about 1933 or so.
The Shelter was originally boil# as an open s#one masonry building wifh a central stone
double fireplace, and an open wood structure roof with wood shingles. A small amount
of stone masonry is missing from two columns and the chimney, both sides of the
fireplace need to be reconstructed, a small portion of the low building walls need
replacement, and the concrete floor needs to be replaced. There is also some evidence
of spreading of the perimeter walls. There does not appear to have been any
reinforcement placed in any of the shallow concrete footings, or concrete floor slab, or in
the stone walls, posts, or fireplace structures.
Immediately west of the building is asemi-circular patio surrounded by an upper
fieldstone limestone retaining wall. This wall extends down below the patio fo provide
foundation support. This is surrounded by a lower concrete walk, also with exterior field
stone limestone retaining wall. The patio, walk and all walls appear to have been
constructed shortly after the Shelter Building. There does not appear to have been any
reinforcement placed in any of the footings, walls or concrete slab structures.
The patio floor was paved of a later date with washed aggregate (possibly between 1960
and 1980). This paving likewise has no steel reinforcement. The outside patio retaining
wails have all spread significantly. A portion of one wall has overturned and is sliding
down the bluff.
The original roof was destroyed by fire in the 1970's and again about 10 to 15 years ago.
After the second fire the roof was not replaced and the struc#ure remains open. This
historic building with its prominent vista and wonderful views of Lake Worth is a long
#ime picnic and gathering point at Lake Worth. In spite of all the cumulative damage and
vandallsm, and is in my opinion worthy of restoration.
550 Bailey Avenue, Suile 3392 For[ Worth Texas 7G107
817-737-0977 817-737-2203 fax
nww.weinmanarchitects.com
I an, pleased to offer you the following proposal for Architectural services. We
understand that the fixed budget of $300,000 for this project includes all professional
consultants and testing services.
Restoration services covered by this proposal will include one document set based on
as -built drawings measured from existing construction. The restoration construction
documents will include phasing divisions within the work allowing the primary phases of
the work to be separately priced. These phases include_
• New accessible paving, entry walk and reinforced pavilion concrete floor slab
with pavilion masonry repair and reconstruction of the fireplace hearths
• Repair, replacement and reconstruction of inner and outer retaining walls around
the south overlook patio, including new replacement walks and floor slabs with
reinforced concrete patio and walkway slabs, ramps and steps
• Installation of new guardrails in the pavilion, upper patio and lower walkway
where required by code
• New replacement roof structure and roofing on existing restored stone posts and
restored fireplace structure
Our services shall include a Structural Engineer to access the building wish us and to
provide recommendations for concrete floor slab, foundation, retaining wall and other
wall repair and stabilization. The consultant engineer shall also provide structural design
of the new roof structure.
The City of Fort Worth will provide all engineering design and installation for site lighting.
Our drawings will only indicate proposed locations of site lighting fixtures.
Architectural services shall include up fo three design meetings with yourself, your staff
and with Parks and Community Services Department staff either at your ofFces, our
office, or at the project site. Any additional design meetings would be additional to this
proposal and would be charged at our hourly rates.
Restoration design shall include required accessible parking, ramps and so forth along
with necessary site fighting.
The City of Fort Worth will provide the names and phone numbers of gas pipeline
installation personae( who may be able to give us geotechnical information about the
site. City staff believes rock is quite shallow with weathered limestone within a couple of
feet of the surface.
We shall provide the City with office construction administration services after the
contract has been awarded through final acceptance of the project. These services shall
include checking shop drawings and required submissions along with required test
results.
Site visits by the Architect for construction observation and verification of the progress of
work in the field during the construction period are included in this proposal up to total of
four (4}. Additional visits by the Architect, at the request by the City of Fort Worth, would
be billed at our hourly rates,
Site visits by the Structural Engineer for construction observation and verification of the
progress of work in the field during the construction period are included in this proposal
up to a total of three (3) visits. Additional visits by the Structural Engineer, at the request
by the City of Fort Worth, would be billed at our hourly rates.
When the construction documents are complete submission is required for approval to
the Texas Department of Licensing and Regulation for compliance with the Texas
Architectural Standards Act. Documents will be submitted by the Architect's office. All
fees are the responsibility of the Owner, and will be invoiced as part of the Architect's
reimbursable expenses. All construction must be in compliance, the premises will be
inspected by the Texas Department of Licensing and Regulation for compliance, usually
within one year of construction. The Owner or Owner's Representative shall be
responsible for notifying the reviewer when construction is complete, scheduling the date
and time of the review, and payment of all associated fees.
Any services €or revision of the documents for requirements originating subsequent to
our services, including time for review and negotiations with the TxDL&R, would be an
addition to this proposal and charged at our hourly rates. Any services for revision of
the documents to meet Owner's revised requirements after final design approval would
be an addition to this proposal and charged at our hourly rates.
Our Hourly billings for these invoices will include the following personnel rates:
Principal
Project Architect
Senior Project Manager
Project Manager
Senior Draftsman
Draftsman
$150.00 per hour
$110.00 per hour
$ 85.00 per hour
$ 70.00 per hour
$ 50.00 per hour
$ 45.00 per hour
Professional fees shot! be based on a fia# fee far Architectural Services, excluding
reimbursable expenses:
Architectural Services $ 18,000.OD
Inter, Struc#uraI Engineer (MWBE} 1,200.00
Frank Neal, Structural Engineer 61000m
Anabella Coolidge -Winters 715.00
Total Professional Services $ 25,890.00
MWBE Fee exceeds 15% of Total Consultant Fees
TDLR Project Filing Fee $ 175.00
(tax not applicabte for Clty of Fork Worth)
'this praposat is good for 60 days from the above date. If you decide fio proceed
after fiha# date we reserve the nigh# to review our fees at that time.
3
Reimbursable expenses, reimbursable with fifteen percent (15°l°l handling and
carrying charges, shall include the following items and will not exceed $1,000.000.
Consulting Engineers, other Phan itemized
Fees
Printing
Rendering or model production costs
Long distance travel, meals, hotel, auto rental
Auto travel at $ 0.55 per mile outside of Tarrant County
Federal Express or any other long distance courier
or delivery services
Please see the attached Genera! Conditions of Proposal for further information
regarding this proposal.
I appreciate the opportunity to assist you with this project. If this proposal is acceptable I
will prepare an A.I.A. form of agreement between Owner and Architect completed for this
project for your signature. If you have any questions please do not hesitate to contact
me.
Sincerely,
Arthur W. Weinman, A.[.A.
AWW;ew
0
General Conditions of Proposal:
This proposal does not include preparation of presentation models of the project. if required These would be
an addition to this proposal and charged on the basis of our hourly rates,
Any Clty, State or Federal fees for permits, fees, licenses, drawing reviews, site inspections, and so forth,
including Texas Accessibility Standards compliance are the Owner's responsibility and shall be included in
the Architect's reimbursable statements,
The Contractor fior Ehe construction phase of the project will have full responsibility for the detection or
removal of any asbestos or asbestos containing materials or other hazardous materials at the project site.
The Architect or the Architect's consultants are In no way responsible for any asbestos or hazardous
materials detection or removal. We will clearly assign asbestos and heavy metals or hazardous materials
defection 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 has been given additional revisions or additions to the approved plans would be an addition to
this contract and charged on the basis of our hourly rates.
We shall not be responsible for any delay in services caused by 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 Architect shall neither have control over or charge of, nor be responsible for, the construction means,
methods, 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 artisans selected to work on the
project have the correct experience and skills to.complefe 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 Architect's negligent acts or omissions, but shall not have control over or charge of and
shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
Should the Owner choose not to involve the Architect during the shop drawing review or construction phases
of the project, the Architect will not have any liability far These phases of file project, Without #imely
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#his agreement will be the skill and care used by members of the Consultant's
profession practicing under similar circumstances at the same time and in the same locality. Consultant
makes no warranties, express or implied, under this agreement or otherwise, in connection with Consultant's
services.
if is expected that this contract will be entered into prior to our commencing work. If a contract is not executed we will
proceed
with the understanding chat, unless written notice to The contrary is received, a signed contract will be forwarded to our
offices and that all terms of this contract are acceptable to the Owner.
The Texas Board of Architectural examiners has jurisdiction over complaints regarding the professional
practice of persons registered as Architects in Texas. The Board's current mailing address and telephone
number are:
P.O. Box 12337
Avstln, Texas 78709-2337 Telephone 512-305-9000 www.tbae.state.fx.us