HomeMy WebLinkAboutContract 28462STATE OF TEXAS
COUNTY'OFTARRANT
KNOi�V P�L MEN BY THE5E PRESENTS
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THIS AGI�EEM�NT is made and entered by and between the City oF Fort Worth, Texas, a municipal
cn�nra�ian situated in Tarrant CounCy, '��as, hereinafter called the "City", acting herein by and through
i�s d��ly a��thonze.� Assistant City Manager, and (architect}, hereinafter called the "Architect" for the
purppse of prvviding architectiu'a! desig,n services %r (the project).
WITNESSETH
That for and in consideratian af ihe mt�tual co�enants and a�reeme;tts herein contained, the parties hereto
do hereby covenant and agree as follows:
SEC�'I�N I SERVICE� OP TH� ARCHI'I'ECT
1.I The City hereby camracts with Architect as an independent cuntractar, a�d ttze .�'ckutect k�ereby
agrees to perform, withizt the professionak standaxds r�ormaliy accepted in the 5tate of Texas,
professional services ir� connection vuith the fallowing generaE scope of work:
Design of new Annex Building at tfz$ Roseland Theater, i444 Nqrth Main Street, Fort Wonh.
SECTTON II PERSONNEL
].. 'I'B,e following perso�triel will be assigri�d tp thzs Project:
1.1. City of Fort Worth
I. I.1. Prajeat Manager: Naney Richardson
� . 2. Architeck
1.2.1.Princi�ai in C:ilasge; ,rixtlxu�r W�Weinmxn� A_l.rY�.
1.2.2.Arcliiteet afRecord: Arthur W, Weinman, A,F.A,
2. Neither garty may change key persorrnel witl�out agreement by the e�#t�er party.
SECTFON IIi GHARACTER �F ARCHITECT`S SERVICES
1. Architect shall cpnsult with the City to clarify and define City's requirements refative t� the
assignments and review available ciata.
2, tlrchitect a$rees ta cammit the personnel to each assigr�ment as necessary in order fo complete ,tEie
�ssignment in an expeditious manner,
3. 'T1ie Architect sh.a11 advise City as to the r�ecess�ty oE CiCy's provi�ing or obtaining from athers
sen+ices and data required in connection with the Asszgnm�nt at City's cost and expense {which
services and data Architecr is not to provi�e here�u-icfer hut on wltich A.rchitect maq reIy in p�rfarming
servicea hereunder), and act as City's representative in connection with any such services of others.
4. The Architect shall pay far the printing of documents requ�red for design su6znittals, gresentations,
bidding and cpnstruction aontracts.
5. �'erform services as outlined in Arthur Weinman letter dated January 17, 2003, which is xttached to
and made a part of this A�reement.
SECTION N SPECIAL SERVICE5 OF AACH�TECT
1. If autharized in writing by City, ArcI�it�cr sh��l fi�rrnsh or obtain from others Specia.l Services
necessary to complete th� assignments. These services are not included as part of the Sasic 5ervices
auttined in SECTION I- SERVICES OF THE AftCHITECT aad khe Architect's �roposal. These
5pecial Services will be paid far by City as indicated in Section V,
SECTIQN V COMPENSAT`ION TO ARCHI7'ECT
1, The total campensation for alI of the assignments to be pe�ornxed by Archsteu� as described in
CHAR.AC'iER AND EXTENT aFARCHI'T�CT'S SERVICES hereofs�.all be $37 $� R
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2. Architect shall not be pa�d more tf�an the £oilowing amounts based upon the stage of design:
2.1. Programming, Flanning and Preltminary Design $3,475
2,2. Design Developrnent, Cor�stnaction Docurraents, Bidding Assistance, and Consir�ction Phase
Services � $20,025
�.3. Reimbursabie Expenses for accessibility revfew, printing and Qerspective drawings and additional
�ite �isits as requirecf. $14,390
SECTI�N '�I RESPONSIBII.TTY FOR C QNSTIZLTCTTON COSTS
1. The Gonstruction �udget for this Project is $3'10,Q0�. If the Constructian Budget is exceeded by tlse
lowest b�na fide bid, the City shail (I) award #he contract, (2) if the project is abandoned, terminate
this agreement, os' (3) coaperaie in the reduction of the Project Scape and featUreS as required to stay
within th� ConsCruction Budget in order to reb�d the Project. if ttte City deci�es to reduce the scope
of the projec# and r�.bid, ihe Architect shall, without addition.al fee, tr�odify the Drawin�s ar��
S}�ec'�fncations as necessary to stay within the Construction �udget. In the event the City abandor�s
th� project, the City ntay terminate this �greement, azxd the Archttect shafl be entitlec� to 80% af the
totai Fe.�.
? The Archi��ct xhali in£orm �ne Ci�y �a ►writing af the probable constructidn cost at th� s�bmission of
wach design phase. The City shall either approve the adjustrnent of the Constnsction BUdget or duect
tl�e �+.rcl�itect ta adjust the Project desigr►, at no additional cost to the Git�, to stay within the
previously a�pro�ed Construction Budget.
�ECTiON VII N�THOD l�F PAYMENT
I. The Arcltitect shall �e paid nvt more frequently than once per manth on the basis of statements
prepared from the boaks az�d recards of accourrt of the Architect, such statemenxs to be �erif'ied as ta
��curacy and �ompliance with the terms of tlzis Agreement by a,ri officer of the Architect. Pa}�ment
according ho �tataments will be subject to certifica�ion by th� Dvector, Transportation and Public
��VTarks D�artment or i�is duiy authorized representarive that s�ch tvork has t�een performed.
2 'The abo�e charges are on the bas�s of prompt payment af bi11s rendered and cantinuaus proa,,ress oi the
�x�c�rk on the Assignment unti! completion. If City fails to make ar�y agreed to payrnent due Aschitect
For services and nut-af-packet expenses within sixty days afier appraval of ArchitecYs statec�tent
thereo� Arcls�tect may, after gz�ing seven days' written notice to City, suspend services u�tder this
r�ereament until Arehitect has been paid in f�ll all antounts cius for s�rvices actually gerformed and
�ut �i poci�et expenses actuaIly incurred.
SECTION'VIII PR�OCEDURES FOR PROVIDING DESIGN SERVICES
1 ��S1gIF �f1�S�:
� 1, City shalI notify the rlrchitect when it is ap�ropriate ta procee� wit� the services.
k.z. -The Architect shalI visit the site and make iumself familiar with the scope af tkae assignment
1_�_ (Qptionai} The Architect shalt perform all services necessary ta survey, plat, prepare and vacate
easements and any other property issues necessary to complete the design survey and secure a
eonstnzction permit.
i.4, �'he d�sign shall inc�ude all site work, design aud caardination of utilities, landscaping and
facility design rec�uired far a aomple�e at�d functional Qroject.
1.:i. �'he Arckuteet shall pre�are presentation graphics usin� plans necessary for the das�gn azid atten�
�ro �ubfic meetir�gs during the design of the project.
1.5. ��rchitect sha11 �repar� the design in stages as follows;
1.5, I. Programming and P[anning: Prepara#ian of alternative IIoar and Slte plans, arcivitectural
concepts and principal equipment and finish plans and axea.-based cost estimates.
1.6.2. Gonstructiqn Dacuments; Preparatian of details, mechanica.l, electrical, and plumbing plans,
finish schedules, c3etailed technical specifications, and detailed cast estimatea.
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1.7. Drawings at a11 stages of design r�vill have the %llowing characteristics: Scale for floar plans will
be 118" or agreed to scale far al! disciplines, efe�ations wiil }�e at same scale as i�oor plans, area
pkans will have same scale far all diseiplines, site plans far all disciplines will be at s�rne scale,
I.S. Architect sha[1 prepare "Eliminatio� of Architectura.l BaFriers Registration" and submit th�
��Qlications to the Texa.s Depa�tment of Lic�nsing attd Regulation. A11 desigas shall be in
cpnformance with the Eliminatian of Bamers Act, State of 'iexas, City o£ Fort Worth Building
��de� �n�f the America�s with Disabilities Accessibility Guidelines For Buildings azid Facilities.
'ihe Ciiy wi11 reimburse the Architect for associated fees.
1.8.1,The Architect sl�aIl reimburse the City of Fort Wo�th fvr all costs and fees incurred in
modifying a facility in the eveni it is constsucted in accQrdance with the A.rehitect's designs
and is subsequently detennined to be in nan-confoz�tzance v�rith the ahove Act, Codes or
Guidelines.
1.8.2.'Fhe City will bear the constructian costs associated with enhaneements while the Architect
will reimburs� the Ciiy far cqsts to replace or rer�vo� features.
1.9. The ,Arc�itect shal� submit estimatas of probable construction cost foz each stage of design to the
City in five cQpies,
1,1Q. The City sha11 ac�owledge the pcababie construction costs and scope in writing at each
staga of design.
1. t 1. Upon written approval of the final dasign, the Architect shal! make wi�ateve�' �r�al
changes are necessary and submit the drawings and technical spe�ifcati�ns to the City �or use in
bidding.
1_ 12. The Archi#ect will coardinate printing of Bidding Documents.
1. l�_ Tfse Archi#act will provide the City with com�ressed gtaptEic fiies (PDF or Tg'F) for use
�z� On-Line Y': �fect Collaboration (Buzzsaw).
2. l�idding:
'� I`i he :,�ehitect shatl zespond to ��+nzractors �n��i�;es; Prspare whateve;' ad�enda are necessary and
,;oncfuct the Prebid Confere�sce
2.2. Fallowing bidding #�e Architect si�alt investigate the qualifications of up E6 three bidders and
ma[ce recammenda�ions conceming the capabi�ity of ttse bidder to satisfactorily p�;rform the
conttact.
3. Construction Services:
3,1. The Arct�iiect shall assist the Cit}+ by approving sabrnittals, observing constzuetion procedures
and results, re�iewin� m�thods asid costs associated wzth propased change orders, and resalving
construetion problems.
3.2. Architect shali attend pe�iodie job site meetings, prepare meetiz�g notes and distribute them ta all
partieipants an� key groject persntuiei.
3.3. At the completion of construction, the Architect shall conduct and dacunnent the final inspeciion
and assist t�e City on the resolutian of construction ar design deficiencies.
3.4. Architect will re�view coniractor's pay raquests.
3.5. Tize �.z'ch[tect shall re�iew Caniracto�'s marked up �eid dravvings and prepare "Record Drawings"
on regroducibl� bond or plastic media fcar the City's archives.
3.5. A.rchitect wi�i grovide CAD files of all drawings suitable to use on AutoCad LT or such pther
operatin� system as determinad by ti�e City.
4. Th� documents and their intellectual property as copyri�ht remains under the Az'ehitect's owne�'s�ip.
T�e Architeet hereby $rants authorization to the City, for its exclusive use related to this project,
access an,d repraduction of all documents,
SECTION IX CITY RESPONSIBII.ITTES
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1. Provide criteria and infprmatian as to City's requiremants and designate a person with autharity tv �ct
on City's behalf on aij matCers concerr�ing the Assig�ent.
2. Con.duct bo�ndary surveys, platting, preparation o£ easements and any other property issues necessary
to complete the design and secura a construction permit,
3. Assist Architect in obtaining e�sting st�dies, reQorts and other available data and serviees nf others
pe�tinent to the Assig�unes�t and in obtaining additional reports and data as required.
4. LTpon reasonable notice a�range for access ta and ma.Ece all provisians For Architect to enter upon publie
and private property as may be rei}uired for Architect to perform services hereunder.
5. Designate in �writing qualii'iecf persons who will act as City's re.�resenta�i�es with respect to the
Assigninent far tt�e purposes of transmitting instructions, receiving information, interpreting aud
defining City's policies and decisions with respect to Architect's setvices.
6. Revie�v �il re}�orts, recommendations at►d other documents and provide written decisior�s pertaizung
thereto wztitin a reasor�a6le time.
7. TJpon reasonable notice pro^vide labor and safety equipmeazt to expose structure� elemants, to ma,ke
#�mporary repairs, and to operatc rnechanical and electrical systeins as requ'ued b_y the Architect in the
�.evelopment af t�le desigzt.
8. ]Examine all stu�ies, r�norts, sketches, drawings, specificatians, proposals and �rhet �p�:unr�ents
presented by Archit�ct, obtain advice oi an attorney, �surance aauns�lor and ��l��r r�rctutects as it
deems approp�iate £or such exa�nination and render in writing decisions pertau�ing thereto �rifihin a
reasonabl� ti�ne so as not to delay the servioes of Arckuteck.
9. Pravide "Front End", including Division 1 r�:quireme�ts, fos �se in assembling the Project Mant�aI.
10. Pr'epare easemen.ts a�d right-of-way acquisition con�eyance documents, from c�escription provided by
Aschitect, contact owners, neaQtiate for or condemn a.li easements and rigbt-of-way, pay ail filing and
iega! fees associated therewith.
11. Pra�ide sueh l�gal, accounting, insurance and ott�er counseling services ta City as m�y be required for
the Assignment.
12. Manage the advertisement and bidding of the prajec#, issue addanda, distribute bid dact�ments, award
contrac�, and execute the contracts,
13. Manage On-Line CoJ�abora#ion Pragram by inputting documenis and responding to conbractors'
regussts far acc�ss.
i4. Administer tfxe canstructian of the �'roject.
15, Provi�a inspection and management services,
16. Provide caritractars marked up field cfrawings to rhe Archit�t �or r?view
17. Pay al1 impact and �tility fees and o�er £ees �ot �pressiy assigned �a :r� Architect.
� 8. Plan rerriew and application fees for "Elimination o£ Arcktitecturaf Barriers Registration"
19. Printing of documents for biddicsg.
2Q. Bear all casts incident to compfiance vc�iih tlzis Section.
SECTION X TERNiINA��N
1. The City may tertrzinate this Agreement at any time far conwenience or £or any �ause by natice in
writing to the Aretzitect. Upon �eceipt of such notice, the Arci�itect shall immediately discontinu� ail
services and work and the placing of a11 orders or #he entering into Contracts for supplies, assistanae,
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facilities and mater�als in connection witlx the performance �of this Agreement and shai� procaed to
cancel prorc�.ptly all existing contracts insoiar as they are chargeabl� to this Agreement.
2. If the City terminates this AgreemenL undar t3�e foregaing paragraph, tf�e City sl�all pay tl�e Architect
£or services performed i� accordance herewith prior to such termination, Iess such payments having
�een pre�iausiq mada. Such payment shall be based upon the work campleted up ta the date of
t�:rminatian of the Agreement in accord,ance with i�e rnethod of corr�pensation. prescr�bed in Sections V
�n� VY ���r«#', r�.�chitect s�all alsa be compensated for al� termination�related expen,sss such as
�r�esing attendanea, tlocument reprod�zction, transfer nf records, etc.
3. �Jpon early termination ur cqn�lusian a£ this Agreement, the Architect shali provic#e the City
: enxotiucble eopiss of all completed or partially completed engineerin� documents prepar�d under this
A.�reement that shall beaome the property of the City and �ay be used by the City in any �nanner it
�esires. The Architect shall nat be liabie £or the use of such materia�s £or any project other than t�he
project desc�ibed in this Agreement,
�ECTION XI INDEMNTI'Y AND INSURANCE
l. ,��provaiby ,he �ity of contract documents �hall r.s�t tionstitute or'�� deemed tn be a re��ase a� tne
r�snonsibilit�r and liability of the Arc�itect, its officers, agents, ernployees and Subeansultants, fnr the
accura.cy and competency of the services performed under thzs Agreement, including b�it not limited to
surveys, location of subsurFace investigations, designs, working drawings and spec'�iications and otkter
�ngineering documents.
2, Such approva.i shall nat be deemed to �a an assumption of such respa�sibility and tiability by the
City for any negligent act, error or omissivn in the aonduct ox preparation of ihe subsurface
investiga.tians, surveys, d�signs, �rorlring drawings and speei�cations and ot�er Engineeting
dacnments by the Architect, its afficers, agents, employees and Subc�nsultants, it being the intent of
#he parties that approv�l by the City signi%es the City's appro�a� of qnly the general design concept vf
the i�tprovemarns ta be canstzvcte�.
3. In this connectian the Architect shall indemnify and hold �e City and a!1 its officez`s, agents, servants
and employees harmless frnm any Ioss, damage, liability or �xpenses, otz acco�urt af damage to
pr�Qerty and injuries, inaluding death, ta a�l persons, including but nat iimited t� officers, agents, or
er►?plQyees of the Architect ar 5ubcantractor, and a�l other persans performing ar�y part of #he woric and
��nprovem�nts to t�e extent that damages arise from a proven negligen# act, error, or omission of the
:ar�hitect. In na event shall the Arc;utect be liable far consequential dazn.ages.
� Tf�� r�rchiteet sha�i �3etend at ita �awn �x�en:�� any suits �� oth�� praceedings �r�uuht ag�inst the City,
its officers, a�erzts, �arvants and samp[oyees, or any ot ti�em on accaunt thereo% and shall pay all
�xgenses and satisfy ail �udgments w�ieh may be incurreci by ar rendered against them arising out or
the indameaification to tYte e�ent that damages arise from a praven neglige�t a�t, error, or omission of
�.he Arehiteet; provic�ed and except, hawe�er, t#�at thia indemnification provision shaEl not be construed
a4 ra�uiring the Architect ta indemnify or holc� the City or any of its officers, agents, servants or
empioyees harmless from �ny loss, damages, Iiabiiity or expense, on aceount of damage to property or
injuries to persor� caused by defecEs ar deficienc�es in design� critezia and information furnist�ed
r�,rchitect by City, or any deviation in constructian frorn Arcivtect's designs, woz'kiang drawings,
spacifications or other docu�ments.
5. '4�ithout iimiting t�.a above indemnity, Architect s�a11 maintain a policy af comprehensive general
I i�a�ility insurance coverage with carriers acceptable to City in at least the follawing amo�nts:
Cr�mmercial Genera.l L'zab��ty
Employers LEability Insurance
$1,000,000 Per Qccurr�nce
$odity InJ�"Y
Workers Compensatian
roverage A: Siatutory timits
$100, 000
$500,Q00
$140,004
Each Acciderrt
Poiicy I.imit
Bodily Injury by Disease, each employee
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Coverage B : Ernployer's L.iability
�tleinPg$ t1il4tOIllOEllid
�t�mbinatic�n 5ingle limits
?ersona� Tnjury
;,�ninsured
Professianal LiabiliEy Ir�swance
(Errors and Omissians}
$104,000 each aCcid�nt
$SD4,000 disease � policy limit
$160,000 disease - each employee
�SOfi,�i00 each accid�nt
�2,500 each person
�i��QF�a� �Gh aGCIdeilt
� 1,�Op,�700 �er cl�im
$1,000,�4U0 Project aggregate
6. Architect sktall f�rnish City a Certificate of Insurance �n aE least the above amouxtts, Gp±'�fcate shall
cont�in a provision that such insuta�nee car�ot be ca�zceled without 34 days prior �_.���.en nnrs�E t�
City. The City reserves the right ta revise insurance raquirements specified in t�is agreement to the
6est interests of the Czty,
7, Gen�tal Insurance Requirements
71, Comme�ca� Gen�ai Liability cave�age �hall �e �ndo�sed ta name xh� City an Addit�onal In•u�ed
the�eon, as its inte�ests may appear. The term City shall include i�ts emglayces, off�s, Qffiaals,
agwis, and volu�eers as respects the contracted services.
72 Certificate{s) of insur�nce sha�l doc�mea�t that insura�ce cove�ages speafied are prvvided e�nder
agplicable pnlides documented thereon.
7.3. Any Failtire on part oi the City to request required insu�ance docutnentation shalI not constitute a
waiva of the insurance reauiremants.
7.4. A rninimum af thirty days �totiae of caucdlation, non.-�n,ewal oz' change in cove�age shall be
provided to the Ciry. A ten days notiee shall be acce}aiable in the ever�t of non-payment of
premium, Such terms shalt be endo�sed onto Archite�i's insums�ce polia�s. IVaiioe shall be sent to
tne Facilities Mana�-, City of Fo�t WoRt� 319 West Tenth 5tre�, Fort Wartl� TX 76102
7.5. �'he City shafl nat be resprnsible for the direct paymait of an.y insumnce prc-�niums r�uired by this
agreernent. It is unde�stooci that insurance cast is an allowable compment of the Architects genecal
aveai�a�.
7,6. 'The City resetves the right to revise insumnce requ�ents sperafied in this agreanent aecoxding to
the best inte,�sts af the City.
7.7. �sui�rs iar �li po�icies mus# be aut�or�zed to c3o busiz�ess iii the state of Tacas or be oth�se
apprwad by the City; and, such insu�ers shall be acceptable to the City in ternas af their finat�csal
strerogth ancf solvaicy.
7,8. Dedudible limi�s, ox self-insured ratev�ions, affeding insutance required herein may be a�ceptable ta
th�e City at its sole disc�etivn; ancl, in Ii� of tradrtional insutance, ariy a�temative cove�ge
maimained tl�roug�i insuiance paols or risk reter�ion groups rtxust be also approv�d. Decficaied
fina�cial resources or iettas of Gredi� raay also be acceptab[e to the City,
7.9. The workman's comp�sation polig+ sh�il ea�h be endoBed with a waiver of s�b�egation in favor of
�e City as respects th� Project,
7.1Q The City shall be e�titied, upon its request and witha�t incuQing expez►se, to reviav Ctze Arc1}ite�t's
insu�anc� polides including endosements thereto and, at the City's disc�etion, the Architect may ba
required to provide prooio� insurance preanium pay.maits.
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7.11. The City shall not be respa�sible far the d'zre� paqment oF any insurance premiums
required by this agzeanent. It is �ndetstood that insu�ce cast is an aliavu�ble comprnent of
Arci�it�ct's indirect ove�head
7.12. All insurariice, excegt far the Professional Lia6�ity insumnc� polic�, shall be written on an
oceu�'ence b2sis,
7.13. ��� Pr�fessiona� Liabiiity Palicy sha11 be written on a"ciaims made" and shall be in
effect tar thc duration of this agreement and for 12 months folior�ring Architect's issuance af the
Certifiaate of 5ubstantial Compleiion. The City shall be notified at Ieast 30 cfays pz�os to
cancellation or substantial change in ca�verage. �
?. I4. ,Subepisult�nts to the Architect st�a�l be required by the Archrtect to maintain the same or
reasmably equivalen# insu�ance cove�ge, exc�t for Profc�siona� Liabilxty Tnsuiance, as required for
the Ara�sitect. Architect shalI provide City v�rith daaimentation tl�e,reof on certifteates of insurance.
'Fhe Architect shall assu�e that Subcrnsultants provide acceptable and appropriate ievels of
Prafessional Lia�ility co�er�ge. Notwithstanding anyt�ng ta the co�tr�sry contaiued h�rein, in th�
event a subcansultant's insurance r,overage is cancde� or terminated, such cancdlation or
termmation sha1� not constitute a breac� by Arckuteet of the Agreanent_
8. The City sh�li require the Gene�al Cont�actor to includs the Arahitect as a Certificate Halda the g�eu�
contractor's general liability inst�rancE,
ARTICLE XCI INDEMI�IITY PERTt�ING TO H1S►ZARDOUS MATERIALS
i. City aclmowledges Arckutect wilk perFot�xz part of the work at City's facilities ihat may contain
I�azardous materia�s, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation, treatment, storage, or dispasitian oF such materials. In consi�eration of
the assaciated risks tha# may gi�e r�se ta claims by ttnird paxties ar empioy��s of City, Cfty agrees in
so far as permitted bq lav�r, to indemnify Arelzitect from aay and a111osses, da�nnages, claims, or actiqns
brougi�t by third party or enr�ployees o£ City against Arci�it�ct or Architact's employees, agents,
officers, or ciirectors, in a.�y way arising out of the prese�zce of hazardaus materials or conditions at
City's facilities, axcept £ar claims shown by� finai j�cfgment ta arise out of t�e sole neg�iger�ce nf
Arcl�tact. The City shall defend at its own e�euse any suits of qther proceedings broughE agains# the
Arohitect and its afficers, agents, serrants, and employees or any of thezn an account #hereof. Nothing
herein shall be construed so as to require the City to levy or assess any tax.
2. In connection wi#�a hazarcEouv wastc, including petroleurn producis, City agrees to the maacimum extent
permitted bp [aw ta defend, hold harmless and izademnify Architect from a.nd against any and all
claims and liabilities resuiting from City`s via�a�ion of any federal, state ar local statute, r�gulation or
ardinance ralating to the disposal of hxzard��zs substances or ca�stituents. Nothing herein shall be
construed so as to require the City tQ levy or assess any tax.
3. The requirements contained in this Section shall not appiy if the Architect intraduces the E�azardot�s
materials or cond'ztions.
SECTION �[II RIGHT TO AUDTT
1. Arclutect agrees thai ti�e City shall, untii the expiration af three (3) qears aRer final payment under this
Agreement, have access to and t�e right to examine any directiy peirtinent hooks, documents, papers
atkd records of the Arohitect invalv[ng transactions relating to this Agreement. A.rchi�tecC agrees tha#
the City s4�a11 have access duri�g nornaal working hours to all necessary Are3utect faciIiiies and shall
be provided adequate and appr�priate worksp� in order to conduct audits in comp�iance with the
provisians of this section. 'The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to inelude in all 'tts subcontracts hereunder a provision to the effect that the
sisbconsuttant agrees that the City shall, until the expiration o£three {3} years af�er $nal payment under
the subcontract, have access to and the right to e�znine any direct�y pertinent books, dacuments,
papers and records pf such subconsultant, involving tz�arzsactipns to the subcantract, and f�rther, that
Ciky si�all Ixave access du.z'ing normal working hours to all subco�sultant facili#ies, and shall be
provided adequate and apgroprzate woz'k space, zn o�rder to conduct auciits in cosnpliance with th�
provisians of this articie. C ity shalI give subconsultant reasonabie adva�ce nfltiee of 't�tended audits.
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Page 7 of 9
gravided adequats and appropriate wark space, in order to capduct audits in camplias�ce with #he
provisions of this article. City sha11 give subconsultant reasonable advance ndtice af intended audits,
3. Architect and Subconsultants agrce to photocopy such grojeet-reiated documerrts as �xzay be requested
by the City. The City agrees to reimburse Architect and 5ubcansultant for the cosis of copies at the
rate pubiished ia the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City anc� the Ar�hitect ea.ch bind themselves, their successors and assigns, xo the otlier party tv
this Agreement asid to the successors and assigns oi each other party in respe�t to aII covenants oi this
Agreement.
SECTiON XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein withou# prior written cnnsent of
the other party, arid aay attempted assignment, sublease or transfer of alI or any part here.�f witha�t�
such priar written consent s�all be void.
SEGTION XVI INDEPENDENT ARCHITECT
1, Arc�itect shal! perform al� �woric and services hereunder as an independent Architect, and not as an
officer, a�ent, servant or employee of the City. Arclutect shall have exclusive cantral of, and the
exclusive right �ta control� the det�ils of the work perfarmed hereunder, and ail persons perfarming
same, and shall be soleIy responsible for the acts and omissions of its officers, agents, ernployees and
Subcnnsultants. Notb,ing �erein shall be consti�zed as erea.ting a partners�ip or ,�oint venture between
tF�e City snd the Architect, its o�cers, agents, employees and SubconsuItants, and dactrine of
respondent supezior has no applicatsan as between the City and the Architect.
SECTI�N XVII M/4VBE GOALS
], In accordaRce with City of Fort Worth Ordinance No. I 1923, #he City has gaals far the participation
of minority b�siness enterprises and woman business enterprises in City contracts. Architec�
aclrnowledges tYje IVI/4Vi3E goal of�% estab�ished for this co�ract and its commitment to meei that
goal. Any misrepresentatiQn of facts (o�her tlza� a ne�lligent misrepres�rnation) and/or the cammission
of fra�d by Architect snay resuit in tsrmination of this agreement and debarmern from garticipating in
City contracts for a period of time :nat Iess thaz� three years.
SEGTION XVBI aBSERVE AND COMi'LY
If pernvtting autharities rey�ur� design chaz�ges so as to comp�y with published design cri�i�. ar�d/or
eut�ent er�ginees�ng pracxice stai�ards whidi the Architect should have bcen awaie of ax the time this
Agi�r►ent was �xearted, the Architect shall revise plans and speafications, as requirai, at its own cost
and eYpazse. Hovsrwer; if desisn cha�ges are reqiared due ta the c�anges in Ehe pemuttin� a�thoritie�
publishec� design criteria and/or practice star�ards ai�ria whidl aze publisbed afte� the date of this
A�eerc►ent whidi the Architer� couId not have b� reasanably awa� o� the ArcYrite�t shall netify the
City of such cb.ang� and an adj�tme�t in oompensat.irn will be made thrau�iZ an arr�endme�t to titis
Agreement.
SEGTION XIX VENUE
i. Venu� of any suit or cause of acriofl under this Agreemerrt shall iie in TarFant Caunty, Texas.
TN TESTIMONY THEREQF, the Ciiy Qf Fort Worth has caused this instrument to be signed in triplicate
in its natne and on its behalf, by its City Manager and attested by its City Secretary, with the Corporata
Seai a.f�sed; and tlxe Architect has atso praperly executetl ti�is instniment in tripIicate capies, each of which
is deemed an original.
EXECUTET�I C�TY OF ,�'ORT WORTH,
7+ � �
B �
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TEXAS, THIS ',.� � day af �•�'��!
y, , - - _.- ._
Arthur Weiziman, A.I.A.
Arthur Weinman, Architects
President
Page 8 of 9
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APPROVED: $ '
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AP'PROV,AL RECOIVIMENDED:
By; _ � �
Transporfatian anci Public Warks
�co�E�r, � ,. ,�
BY� ���{.�' ; ��.
City �ecretary
APPR�VED '�O �O AND S.EGALITY:
By• � _ � Date: _
� City Attorn
The Texas Board af Architech�tal Examiners, 82 i3 3haal Creek Bnulevard, 5uite Z07, Austin, Texas, 78758, Celephnne {S � 2) 305-
9000, has jurisdiation a�er individuals Gceased uader tize A[chitects' Regislrakion Law, Teicas Civil 5tatutes, Attic�e 249a,
��- I� �-�� __ .-
Contract xaut�xari�r�tion
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D�A i� R�F EREE�t� � h1k1Nif3ER Lf�G hlAh�3F F'A�t
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��a�.�Ec-r APPF2��1A� �� Ai���E��`��TURAL. D��I�� A�R�ENi�f�T INITH AR7�UR V�l�If��lIAC�,
� A�t�FIIT��T� ��R THE 17E�k�N �� �2��1�1lAT1�f�� TO TH� R���LA�V� TH�ATER �
Ai�f��� - —
F2� ��A+1 PA EPV C] ��I �iV ;
1t is r�c�n�merrde� that tfi�� �i�y� �ou���1 ��thorwzo tE�e �li�r Nlanager tc� ��ec��e ar� arcl��kec��ral ��s��i� I
a�r��m��� v�ritl� Aet�ur 1N�inn�an, ,�fi�hit�ct� to prep��e cansiru�ti�n �o�u�'n�r�ts f�r ll�� r�r�ovst��n of the
F�o����r�� T���ter +�nr��x. E�cate� I�nrner�ialei�r n�rkh of Gh� p��sent Roselar��# �h�a#er. at � cos� af
$�7,89�. i
DI��lJ��l��V'
I Ta�e Ro��E�nd T1��at�r wa� renov��ed In ��R�], snd t� �r���rrk�y leased t� the La�in Art� A�soc��tion, Ir�
April �0�� �b}� N�&� �-13�0� dated April '�7, ��0�}, �i�e �ity ap�ii�d f�r anci r�c�ivec� a� E�o��o��i�
D�velapm�nt Initia#ive {�DI� s���i�l prolec� grar�t kn �h� arr��r�rii o� ����,�QO €rom the 1.�.�. DeparEmer�t
of �i�us�a7g an� Ur�aa�7 ��velapmenr f�r tl�e pu�cl�ase, rest�raEio�7 �i��lt�dir�g int�ri�r demoE1�9an),
���c�n�tr��i�ior� ��, ar�c� �ia7er ier�provements �� th� building. '
O� N��y 21, ��0� {11+18�� L-13�� 0}. tl�e �it� �o�rrc�f appr�v�� lh� pt�rc�a�a of #he �o�rn��fi �otel ar�d star�
r��rE�i of the l��eat�t io seF-►r� as �n offi�� a�d reh�ars�i �pac� for t�� �.at�n A�� �4s�o�i�t�on, T17e �x�siin�
��ild�ng wiik be clernolisF�er� aa�d � n��rr ����� s�uare f�o# b�ildar�g wtli be provi��� for s#orage of
� thea��ical su�pli��, �drr�l�ist�ative an� meeti�� s�race. ar�d re��ars�l s�a�e. T�re buildi�� w�ll 1�e
�or��r�c#�d #o t�e l�eater ta provide �c�e�s �o �h�� �#age �n� wot�b� ar�as.
The �r�vwronm����al Ntan��emen� Depa�#rt�ent wlEl d�rr��lish khe buli�in� to remov� asbes#os ur�der �
s�}��ra�e ���t�acl.
Th� ne�t+ bualding waE1 be r�e�€�n��! lo b� ��nskstent with adJ�cen� �a�ad�s to m��ntai� tl�e his�oric qua�lt�r
of t1�e are�,
i
Arkhur Weinrr7a�, Afcl�it�cts is in corr�p�lance w��� th� ��1�'s �+1�IWBE Qrdinance b� c�mmi��kng ko 3S°l� '
f�1W8� par�i�ip�tior�. The �it�"s goa�l c�n tf�ks pro��ct i� ��°l�,
City o�'For� �orth9 T"exas
��11��� �11� ��[�1�1��( ��1�11�L1�11��It1�f1
DATE R�F'ER�NCE IVUMB�R LOG NAME PAG�
111�lU3 �.�9�27' 25WEINMAN 1 of 2
SIJBJECT APPROVAL OF ARCHITECTURAL DESIGN AGREEMENT WITH ARiHUk� WE1�lMA�1,
�+I���EITE�T� FOR THE DE51GN OF RENOVATIONS TO THE RQSELAND THEATER
ANNEX .
REC�MMENQATION:
lt is recommended that the City Co�nci� authorize the City Manager to execute an architectural design
agreement with Arthur Weir�man, Architects to prepare construction documents for t�e renovation of the
Roseland Theat�r Annex, located immediately north of the presenf Roseland Theater, at a cost of
$37,890.
DISCUSSIQN:
The Rvseland Theater was renovated in 2000, and is presently leased to the Latin Arts Association. In
April 2Q01 (by M&C G-13202 dated A�ril 17, 2001), the City applied for and received an Economic
Development Initiative (EDI) special project �rant in the amount of $258,OOa from the U.S. Departmen�
of HousEng and Urban Development for the purchase, res#oration (including interior demolition},
reconstruction of, and other improvements to the building.
On May 21, 2002 �M&C L�'I3310), the City Councii approved the purchase af the former hotel and store
north of the theater to serve as an office and rehearsal space for the Latin Arts Association. The existing
building wi�l be demolished and a new 4,000 square foot building will be provided for starage of
th�atrical supplies, administrative and meeting space, and rehearsal space. TF�e building will be
connected to the theater to provide access ta the stage and lobby areas.
The Environmental Mana�ement Department will demolish the b�rilding to remov� asbestos under a
separate contract.
The new buiiding wili be designed to be consistent with adjacer�t facades to maintain the historic quality
af th� area.
Arthur Weinman, Architects is in compliance with the Gity's MNUBE Ordinance by committing to 36%
�MIWBE participation. The City's goal on this project is 20%.
ti
�'r�y of'�'o�t W'o��h9 T'exas
���� �r�� ����c�[ ����u�n���t���
DATE REFERENCE NUMBER LOG NAME PAGE
�1141�3 ���g�27 � 2�WE[NMAN 2 af 2
SUBJECT APPROVAL O� ARCHITECTURAL DESIGN AGREEMENT WITH ARTHUR WEINMAN,
ARCHfTECTS FOR THE DESIGN OF RENOVATIONS TO THE ROSELAND THEATER
ANNEX
F'ISCAL INFORMATiONICERTIFICATION,:
The Finance Director certifies �hat funds are available in the current operating budget, as appropriated,
of t�e Grants Fund.
JP:k
Submitted for City Manager's
Office by:
doe Paniagua 6140
Originating Department Head:
Kirk Slaughter
Additinnal Informatinn Contact:
Kirk Slaughter
252-
2501
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` RiJ1VD I ACCDUNT I CENT�R ` AMOUNT C1TY SECRETARY
� (to)
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(fram} APPRQVED 01/14/03
GR76 539120 Q202087Q4010 $37,s�o.00 1
1
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