HomeMy WebLinkAboutContract 44240 (2)CITY OF FORT WORTH, TEXAS
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Arthur Weinman Architects, authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Village Creek
Park Shelter.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Village Creek Park Shelter.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
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oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for alf labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $6,000.00 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested perFormance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
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City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 0 510 4/2 0 1 2
Page 1 of S
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Term
Consultant shall operate hereunder a
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of six (6)
weeks, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Article V
Professional Competence and Indemnification
(1) Work perFormed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services perFormed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the Consultant
shall indemnify, hold harmless, and defend the City against liability for any damage
caused by or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier committed by the
Consultant or Consultant's agent, consultant under contract, or another entity over
which the Consultant's exercises control.
venture between City and Consultant.
Articie III
s an independent contractor, and not as an officer,
. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
perForming same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
agent, servant, or employee of the City
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial Release Date: 05/04/2012
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
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Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Parks and Community Services
Department, Attention: Tonda Rice, Project Manager, 4200 South Freeway Suite
2200, Fort Worth, TX 76115-1499, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves; and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 4 of 8
commence correction of such nonperFormance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant 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 Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting 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 sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
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 and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 5 of S
Article X
Minority and Women Business Enterprise (M/WBE) Participation
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City contracts.
Consultant acknowledges the M/WBE goal 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 Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a period
of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant agrees to defend, indemnify and hold harmless City
and all of 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.
Article XII
Venue and Jurisdiction
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.
Article XIII
Contract Construction
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.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05J04/2012
Page 6 of 8
Articie XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Tonda Rice, Project Manager
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76155-1499
Consultant:
Arthur Weinman Architects
Attn: Mr. Arthur Weinman
6300 Ridglea Place, Suite 105
Fort Worth, Texas 76116
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 7 of 8
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the ��/ `� day of� '����20 ��
BY:
CITY OF FORT WORTH
S�san Alanis
�ssistant City Manager
Date: (� �
APPROVAL RECOMMENDED:
By:
rd Zavala
Parks
Services Department
and
Community
APPROVED AS TO FORM AND LEGALITY
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By: . �1 1� ��_ .
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO O�cial Release Date: 05/04/2012
Page 8 of S
BY:
CONSULiANT
Arthur Weinmar
itects
Date: � � � � 3
M&C No.: ;;,�;'/-�-
M&C Date:
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<Signatory's Name>
<Title>
Douglas W. Black
Assistant Citv Attornev
ARTHUR�%EINMAN
A R C H I T E C
February 13, 2013
Mrs. Tonda Rice, Project Manager
Parks and Community Services Dept.
City of Fort Worth
4200 South freeway, Suite 2200
Fort Worth, Texas 76115-1499
Dear Tonda,
T S
AWA Project # 13-002
Thank you for the opporfunify to meet with you to discuss the Village Creek Picnic Shelter
located in the north east end of the park, near the intersection of Edgewood Terrace at
Wilbarger Street, Forf Worth, Texas.
We visited the Picnic Shelter with you and with the City Preservation Officer, Liz Casso and her
assistant on February 5, 2013. We observed and discussed the brick and CMU masonry
distress, foundation distress and concrete floor slab distress. ( am pleased to affer you the
following revised proposal for Architectural Services to prepare an Evaluation Report for the
Village Creek Picnic Shelter with fhree alternate solutions for remediation. We will specifically
address the following in our report:
1. Repair structural problems in existing construction as possible with new finishes
applied over, with cost estimate.
2. Extensive remodel including foundation piers, new foundation and slab, new
masonry structure, and reclaiming existing roof structure for reuse, wifh cost
estimate.
3. Demolish and replace building wifh same size structure, with cost estimate.
Please note if you decide demolish the existing building and proceed with a new structure our
services do not include Architectural design documents for this phase of the project. We would
� be happy to provide you with a separate proposal if required.
We shall provide cost estimates for the thres alternative approaches as indicafed above. Please
' be aware that these will be estimates on(y and that with all the variables that may.occur during
bidding and construction it is impossible to predict exactly what the final cost of construction will
be.
The Picnic Shelter was originafly constructed by the Parks Department befween 1958 and 1960
as an open brick and CMU bearing masonry building with two CMU fireplaces (no longer in use)
; at each enc! of the central room, and with enclosed toilet rooms (no longer in use) at the
' northwest end. The wood frame roof structure is supported on a field laminated perimeter beam
on the perimeter masonry walis and steel columns. The roof frame structure appears to be
� unusually sound and rigid. The gable roof has what we believe are 30 Ib. composition shingles
about 5 to 7 years old. There does not appear to have been any reinforcement placed in any of
the concrete footings owing to the horizontal and verticai displacement seen at a number of
6300 Ridglen Place, Suite I05 Fort Worth Texns 7G116
817-737-0977 817-737-2203 f�x
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AT�fACH M E NT A
cracks in the foundation and masonry. The concrete floor slab was likely reinforced (for the
most part) owing to the tightness of most surface cracking_ The exception is a bad crack at the
southwest end with severe vertical displacement.
This Picnic Shelter is beautifuf(y and ideally sited in a grove of maturing trees and has a flow-
through double loaded parking lot. It appears to be in constant use by the community and is a
valuable asset to the neighb�rhaod.
We will submit our complete Evaluation Report to your offices with cost estimates for this
location within six weeks after your commissioning us to perform this work for the City. Our
services will include three copies of our Evaluation Report for the Village Creek Picnic Shelter
together with a CD with PD�'s of the Report for your future use.
Current research by the City Preservation Officer has neither disclosed the name of the originai
Architect nor of the construction date. This buiiding does not appear to be of significant
historical importance but is very important to the community, Our investigation will include an
initial evaluation of the current state and condition of all the constructed components of the
shelter; an assessment of the current structural stability; and three approaches to its
rehabilitation or replacement.
�ur services shall include a Structural Engineer to examine the building and to provide his
consultations regarding exisfing structural conditions as well as remediation alternatives.
Our Hourly billings for these invoices will include the foilowing personnel rates:
Principai
Project Architect
Senior Project Manager
Project Manager
Senior Draftsman
Draftsman
$160.00 per hour
$110.00 per hour
$ 95.�0 per hour
$ 80.00 per hour
$ 60.00 per hour
$ 45.00 per hour
Professional fees shall be based on a flat fee far Architectural 5ervices, excluding
reimbursabfe expenses:
Architectural Services
Frank Neat, Sfiructurat Engineer
Tofal Professional Services
$ 4,250.00
750.00
$ 5,000.00
This praposaf is good for 60 days from the above date. lf you decide to proceed after that
date we reserve the right to review our fees at that time,
Reimbursable expenses, reimbursable with fifteen percent (15%) handling and carrying
charges, shall include the following items and witl not exceed $1,000.00:
Consufting Engineers, other than itemized in proposal
Archivaf, research or institutional fees and expenses
Prinfing, other than stated in proposal
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 ofher long distance courier
or delivery services
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Please see the attached Genera! Conditions of Propasal for further information regarding this
proposal.
I appreciate the opportunity to assist you with this project. If this proposal is acceptable f will
prepare an A.I.A. form of agreement between Owner and Architecf completed for this projact for
your signature. if you have any questions please do not hesitate to contact me.
Sincere(y,
�_ ,r,� ��
Arthur W. Weinman, A.I.A.
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