HomeMy WebLinkAboutContract 43355 (2)STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant, Denton, Parker, 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
Weinman, its duly authorized representative, for the purpose of providing architectural evaluation services
for the remedial roof reconstruction of the Parker Cabin in the Fort Worth Log Cabin Village.
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
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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 architectural evaluation services for the remedial roof reconstruction of the Parker Cabin
in the Fort Worth Log Cabin Village ("Project"). The scope of services is described more fully in
Attachment "A" of this Agreement.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Ronald Clements, Registered Architect
1.2. Architect
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1.2.1. Principal in Charge: Arthur W. Weinman, AI;A
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER AND EXTENT OF ARCHITECT'S SERVICES
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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 perfor ling services
hereunder), and act as City's representative in connection with any such services of others.
4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
5. The Architect shall perform services as outlined in the Arthur Weinman Architects Letter. dated Mav
11, 2012 which is attached hereto as Attachment "A" and made a part of this Agreement.
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06-23-1 2 PO j : 21 • I N
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.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1 If authorized in venting 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 $2.750.00. hereinafter referred to as the "total fee," plus up to $500.00 in reimbursable
expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. EvaIuation for remedial roof construction of the Parker Cabin. 100%
1.2. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses
mclude:
1.2.1. Printing Costs
1.2.2. Enhanced CAD drawings for public and City meetings.
1.2.3. Long distance phone calls
1.2.4. Postage and courier expenses
1.2.5. Other costs with prior approval of the .City.
SECTION VI 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.
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SECTION VII PROCEDURES FOR PROVIDING DESIGN SERVICES
1.1. Format of Drawings
1.1.1 Drawings to be on 22 x34 sheets.
1.2.
All written documents, descriptive drawings, photographs 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 documents.
Transfer of ownership of the contract documents does not constitute sale of the documents
SECTION VIII 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 project
for thepurposes of transmitting instructions, receiving information, interpreting and defining City's
policies and decisions with respect to Architect's services.
S. 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 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.
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SECTION IX 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
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.
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Upon early termination or conclusion of this Agreement, the Architect shall provide the City printed
copies of all completed or partially completed architectural evaluation 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 m this Agreement.
SECTION X 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 Iiability of the Architect, its officers, agents, employees and subconsultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
architectural evaluation documents.
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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 architectural evaluation
documents by the Architect, its officers, agents, employees and subconsultants, it bemg the mtent of the
parties that approval by the City signifies the City's approval and acceptance of the architectural
evaluation.
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 subconsultant which may arise out of any negligent act, error or omission in the
performance of the Architect's professional services or m the preparation of the architectural evaluation
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 Ioss, damages liability or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation m construction from the architectural evaluation documents.
5. Without Iuniting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence -
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease — per each employee
$500,000 Bodily Injury/Disease — Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
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$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. Architect shall famish 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.
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
maintamed 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 theArchitect'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' and shall be in effect for the
duration of this Agreement and for 12 months following completion of the architectural
evaluation The Architect's current insurer shall list the City, as a certificate holder for a period of
ten years following the issuance of the Certificate of Substantial Completion by the Architect
The City shall be notified at least 30 days prior to cancellation or substantial change in coverage.
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SECTION XI HAZARDOUS MATERIALS
1. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation treatment, storage, or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City, City hereby releases
Architect from any damage or liability related to the presence of such materials.
2. The release required above shall not apply in the event the discharge, release, or escape of hazardous
substances, contaminants, or asbestos is a result of Architect's negligence or if Architect brings such
hazardous substance, contaminant, or asbestos onto the project.
SECTION XII RIGHT TO AUDIT
1. Architect agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
City shall have access during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the provisions of
this article. City shall give subconsultant reasonable advance notice of intended audits.
Architect and subconsultants agree to photocopy such project -related documents as may be requested
by the City. The City agrees to reimburse Architect and subconsultants for the costs of copies at the
rate published in the Texas Administrative Code.
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SECTION XIII 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 XIV 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 XV INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an mdependent 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
Parker Cabin in Log Cabin Village Page 6 of 8
subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents employees and subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVI 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, indemmfy 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 XVII MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
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Remainder of Page Intentionally Left Blank
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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..
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EXECUTED IN THE CITY OF FORT WORTH TEXAS, THIS day of
ARTHUR . EINMAN, ARCjHTECTS
By:
Arthur W. Weinman, AAA
Principal
APPROVAL,RECOM ENDED:
By:
6,•Reb
(1
z C bk.)
Douglas Wiersig, PE, Director
Transportation and Public Works Depa `t aent
APPROVED AS TO FORM AND LEGALITY:
By:
Douglas Black
Assistant City Attorney
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APPROVED:
nuk
, A.D., 2012.
Fernando Costa
Assistant City Manager
RECORDED:
By:
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Miry J. Kayser
City Secretary
M&C not required
Contract Authorization
Date:
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Acseasvastriam,_
at 0 00 °0
50910:1%
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.
Parker Cabin in Log Cabin Village
n ! iCIAL
CITY SECW-`Inn7
■ WORTftU
Page 8 of 8
ARTHURWFINMAN
ARCH! T EC T S
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May 11, 2012
Mr. Ron Clements
City of Fort Worth Log Cabin Village
Transportation and Public Works Department Parker Cabin
Architectural Services
319 W. 10th Street
Fort Worth, Texas 76102 AWA # 12-035
Dear Ron,
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i am pleased to offer you the following proposal for Architectural Services to prepare
construction documents for remedial roof reconstruction of the Parker Cabin in the Log
Cabin Village in Fort Worth, Texas.
The reconstruction will use as many of the existing authentic materials as possible. The
reconstruction documents will follow the original design of the cabin as closely as
possible, as can be documented by photographs and drawings available before its move
to the Log Cabin Village.
If desired, as an additional service, documents can be accompanied by a written
evaluation which can be used as a description of the objectives for the reconstruction.
The evaluation shall consider existing roof conditions that appear to be original as well
as those that may have been changed, added, or inappropriately replaced during the
various reconstructions and uses of the building over its lifetime The evaluation will
detail our solutions proposed to the problems with existing construction and how these
solutions have been found to be correct within the historic context
The building has significant historical importance to the Fort Worth area. In development
of our construction documents we will attempt to be as authentic and historically
accurate as possible.
Our services will include a Structural engineering consultant as part of our design team.
Although we will perform all project examination and analysis, as well as all drawn and
written documentation, we will seek the advice of Frank Neal and Associates for
minimum structural member sizes for this reconstruction -
Our services will not include MEP engineering or any other engineering or professional
service consultants not included as part of this proposal We do not believe these
additional services will be required for this project. If required, any of these additional
services can be either an addition to this proposal, or under separate contract with the
City of Fort Worth for this project.
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6300 Ridglea Place, Suite 105 Fort Worth Texas 76116
817-737-0977 817-737-2203 fax
www.weinmanarchitects.com
All historical information about the building, including early written descriptions, old
photographs and any drawings prepared before its move to Log Cabin Village would be
a tremendous help to ensure the proper reconstruction of the roof. Likewise, although
the building will not be eligible for either Registered Texas Historical Landmark or
National Register designation, we plan to consult with the Texas Historical Commission
regarding their knowledge of similar period buildings
Our services shall include preparation of documents for presentation to local authorities
for building permits. Our services do not include permit application services
After approval of construction documents by the City of Fort Worth, additional revisions
or additions would be an addition our services and charged on the basis of our hourly
rates.
The services of the Architect and Structural Engineer for design or construction
document changes required by existing conditions or building problems discovered
during construction are not included in this proposal. If these•services should be
required they would be an addition to this proposal based on our hourly rates.
Services of the Architect and Structural Engineer shall include advice and assistance
during bidding, checking shop drawings and required submissions. Site visits by the
Architect for construction observation and verification of the progress of work in the field
are included in this proposal. These visits would be by the Architect or the Architect's
Representative up to a total of three site visits with written field reports provided to the
Owner. if additional site visits should be required these would be an addition to this
proposal and charged on the basis of our hourly rates.
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The Structural Engineer does not include site visits as part of his fee. If any site visits by
the Structural Engineer are required, they are offered on an hourly basis at the
consultant's hourly rates.
Should the Owner choose not to involve the Architect or the Architect's consultants
during the bidding, shop drawing review or construction phases of the project, the
Architect will not have any liability for these phases of the project. Without timely
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.
Our services do not include any services for the remaining structure or areas of the
cabin, exterior or interior.
Architectural services do not include the services of a Registered Landscape Architect.
If these services are required they will be an addition to the Architectural services
proposal, or the direct responsibility of the Owner. Existing landscape maintenance is
Believed to be satisfactory for City of Fort Worth Plans Exam for this maintenance
project.
Our statements will be submitted monthly, payment of all invoices will be due upon
receipt of invoice. Payment not received within thirty days of the invoice date shall bear
interest at the rate prevailing at the principal place of business of the Architect.
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Our Hourly billings for invoices will include the following current personnel rates:
Principal
Project Architect
Senior Project Manager
Project Manager
Senior Draftsman
Draftsman
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$150.00 per hour
$110.00 per hour
$ 85.00 per hour
$ 70.00 per hour
$ 50.00 per hour
$ 45.00 per hour
The value of this proposal is based on a Flat Fee, excluding reimbursable
expenses, for services as itemized above:
Architectural Services
Structural Engineering Services
$ 2,000.00
750.00
Total Professional Services $ 2,750.00
Reimbursable Expense Allowance
Optional Written Project Evaluation
$ 500.00
$ 300.00
This proposal is good for 60 days from the above date. If you decide to proceed
after that date we deserve the right to review our fees at that time.
Reimbursable expenses, reimbursable with fifteen percent (15%) handling and carrying
charges, shalt include the following items:
Consulting engineers not in proposal, if invoiced through our offices
Blueline, sepia and Xerox printing
Long distance travel, air travel meals, hotel, auto rental
Auto travel outside Fort Worth at $0 55 per mile
Express Mail, Federal Express, bus delivery, or any other local
or long distance courier services
Please see the attached General Conditions of Proposal for further information
regarding this proposal.
I appreciate the opportunity to assist you with this project. If this proposal is acceptable,
I will prepare an M.A. B-151 abbreviated form of agreement between Owner and
Architect completed for this project for your signature. If you have any questions please
do not hesitate to contact me.
Sincerely,
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Arthur W. Weinman, A.I.A.
AWW:es
3
General Conditions of Proposal:
This proposal does not include preparation of presentation models of the project. If required these would be
an addition to this proposal and charged on the basis of our hourly rates.
Any City, State or Federal fees for permits, fees, licenses, drawing reviews, site inspections, and so forth,
Including Texas Accessibility Standards compliance, are the responsibility of the Owner, and will be paid
directly by the Owner ar by the Owner's check via the Architect with submissions.
The Contractor for the 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
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 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 defaultas 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 ali workers and artisans selected to work on the
project 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 shalt 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.
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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 for these phases of the project. Without timely
notification of questions of interpretation of the construction documents ar 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 agreement will be the•skill and care used by members of the Consultant's
profession practicing under similar circumstances at the same time and in the same locality. Consultant
makes no warranties, express or implied, under this agreement or otherwise, in connection with Consultant's
services.
It is expected that this contract will be entered into prior to our commencing work. If a contract is not executed we will
proceed with the understanding that, unless written notice to the contrary is received, a signed contract will be
forwarded to our office and that all terms of this contract are acceptable to the Owner.
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practice of persons registered as Architects in Texas. The Board's current mailing address and telephone
number are:
P.O. Box 12337
Austin, Texas 78701-2337 Telephone 512-305-9000
www.tbae.state tx.us