HomeMy WebLinkAboutContract 46924 A
� RECEIVED F�,
CITY SECRETAM'
CONTRACT NO.
M AUG 1 1 2015
c' CITY OF FORT VMTE OF TEXAS §
CITY SECRETARY § KNOW ALL BY THESE PRESENTS
�Gb 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
Weinman Architects, Inc. d/b/a Arthur Weinman Architects,hereinafter called the "Architect",acting herein
by and through Arthur W. Weinman, AIA, its duly authorized representative, for the purpose of providing
architectural design and construction administration services for the renovation of a first floor level
existing courtroom and the addition of an accessible compliant building entrance for the A.D. Marshall
Public Safety&Courts Building located at 1000 Throckmorton Street in Fort Worth,Texas.
W [TNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with the Architect as an independent contractor, and the Architect
hereby agrees to perform, within the professional standards normally accepted in the State of
Texas,professional services in connection with the following general scope of work:
Provide design, construction documents, and construction administration services for
the renovation of the first floor level existing courtroom 92 and the addition of an
accessible compliant building entrance to the A.D. Marshall Public Safety & Courts
Building located at 1000 Throckmorton Street in Fort Worth, Texas (the "Project").
The scope of services, including reimbursable expenses, is described more fully in
Attachment "A" of this Agreement, which is the Architect's fee proposal for the
"Municipal Court Building I" Level Accessibility, AWA Project# 14-016", dated July
14,2015.
The Architect is authorized to perform the Work described in Attachment "A" and
referred to as "First Floor Accessibility (North side of Building Lobby)" and "First
Floor Parking Bureau and Courtroom#2 Space Re-Allocation".
The Work will additionally include the relocation of the Parking Bureau Office(Rooms
100& 102)to the Phone&Information System Office area(Room 106),the renovation
of existing Municipal Courtroom 42 and part of south Corridor adjacent to Courtroom
#2 (South Side of Lobby) and a schematic design and preliminary cost estimate for the
remodel of the fourth floor which will include the addition of a courtroom and two
associated offices.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
I.I. City of Fort Worth
1.1.1. Project Manager: Alfonso Meza,Registered Architect OFFICIAL RECORD
1.2. Architect CITY SECRETARY
1.2.1. Principal in Charge:Arthur W. Weinman,AIA FT. WORTH, Tx
1.2.2. Project Manager: Arthur W. Weinman,AIA
1.2.3. Project Architect: Trent Ulm
2. Neither party may change key personnel without the prior written agreement of the other party.
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SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. The Architect shall consult with the City to clarify and define the City's requirements relative to the
Projects and review available data.
2. The Architect agrees to commit the personnel to each assignment of the Project as necessary in order to
complete the Project in an expeditious manner.
3. The Architect shall advise the City as to the necessity of the City's providing or obtaining additional
services and data from others required in connection with the Project at the City's cost and expense
(which services and data the Architect is not to provide hereunder but on which the Architect may rely
in performing services hereunder), and act as the 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 July 14,
2015, subject: Municipal Court Building, I" Level Accessibility, AWA Project# 14-016, which is
attached hereto as Attachment"A"and made a part of this Agreement.
6. If at any time in the course of the design,the City expands the scope of services,or the Architect
believes the City has requested services that are beyond the scope of this Agreement,the Architect shall
submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to
the Architect proceeding with the work considered to be beyond the scope of this Agreement. The
Architect shall not perform any additional services without a written agreement with the City. Any
services provided prior to reaching an agreement on additional fees will be non-compensable.
7. The Architect shall provide such service as may be necessary for the building permits to be issued. The
City shall pay any fees for such Building Permits.
8. Contractor, its members, officers, or employees, including Arthur W. Weinman, is prohibited from
participating in the selection of any artist or coordinating with an artist for a public art project that is
associated with any facility,property, or project for which Contractor is providing professional services
while Arthur W. Weinman serves on the Art Commission.
SECTION IV SPECIAL SERVICES OF THE ARCHITECT
1. If authorized in writing by the City, the Architect shall furnish or obtain from others special services
necessary to complete the Project. 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 the City as indicated in SECTION V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by the Architect to complete the
Project as described in SECTION III-CHARACTER OF ARCHITECT'S SERVICES and Attachment
"A" hereof shall be $34,197.50, hereinafter referred to as the "total fee," includes up to $500.00 in
reimbursable expenses.
2. The Architect shall be paid the following percentages of the total fee at the following stages of the
Project:
2.1. Completion of Programming and Schematic Design and cost estimates 20%
2.2. Completion of Design Development and cost estimates 40%
2.3. Completion of Construction Documents and cost estimates 75%
2.4. Action by City Council to accept bids 80%
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2.5. Final acceptance of the Project by the City 100%
2.6. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses
include:
2.6.1. Printing Costs.
2.6.2. Enhanced CAD drawings for public and City meetings.
2.6.3. Long distance phone calls.
2.6.4. Postage and courier expenses.
2.6.5. Travel, mileage only.
2.6.6. Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for the Project is$300,000.00. If the Construction Budget is exceeded by the
lowest bona fide bid, the City may (1) award the contract, (2) abandon the project and terminate this
agreement, or(3)cooperate in the reduction of the Project Scope and features as required to stay within
the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the
project and rebid,the Architect shall,without additional fee,modify the Drawings and Specifications as
necessary to stay within the Construction Budget. In the event the City abandons the project, the City
may terminate this Agreement, and the Architect shall be entitled to 80%of the total fee plus allowable
reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design, at no additional cost to the City,to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Property Management
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 the City fails to make any payment required herein for
services and reimbursable expenses within sixty (60) days after approval of the Architect's statement
thereof,the Architect may,after giving seven(7)days written notice to the City, suspend services under
this Agreement until the Architect has been paid in full all amounts due for services actually performed
and reimbursable expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Programming and Schematic Design Phase:
I.I. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative floor and site plans,architectural concepts and principal equipment and finish
plans and area-based cost estimates.
1.3. Architect shall not proceed to the Design Phase until the City has approved in writing the Program
Design Manual.
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2. Design Phase:
2.1. The Architect shall perform all services necessary to survey and assess the existing facility to
complete the design and secure a construction permit.
2.2. The design shall include all site work, design and coordination of utilities, landscaping and
facility design required for a complete and functional project.
2.3. The Architect shall prepare presentation graphics using plans necessary for the design and attend
two City meeting(if required)during the design of the project.
2.4. The Architect shall prepare the design in stages as follows:
2.4.1. Design Development Phase: Preparation of architectural and MEP plans, principal
elevations, site plan, cartoon set, selection of principal equipment and finishes, and
discipline-based cost estimates. Upon written approval of this phase of the work, the
Architect may proceed to the Construction Document Phase.
2.4.2. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans, finishes schedules,detailed technical specifications,and detailed cost estimates.
2.5. Format of Drawings
2.5.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations
will be at same scale as floor plans, area plans will have same scale for all disciplines, and
site plans for all disciplines will be at same scale.
2.5.2. Drawings shall plot to 2204 sheets to facilitate half-size 11x17 prints. Fonts shall be
legible at half-size.
2.6. The Architect, at its sole cost and expense, shall engage a Consultant to prepare "Elimination of
Architectural Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation. The Architect (if required) will pay all fees required for TDLR
reviews and inspections. All designs shall be in conformance with the Elimination of
Architectural Barriers Act, State of Texas,and the City of Fort Worth Building Codes.
2.6.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in
modifying a facility in the event it is constructed in accordance with the Architect's designs
and is subsequently determined to be in non-conformance with the above Act, Codes or
Guidelines.
2.6.2. The City will bear the construction costs associated with enhancements. The Architect will
reimburse the City for costs to replace or rework features that were constructed in
accordance with the design but fail to meet accessibility requirements or building codes.
2.7. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.8. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.9. Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
2.10.The Architect shall upload the electronic files in PDF or DWF format for posting to the City's
online bidding site(Buzzsaw).
3. Bidding:
3.1. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the
Prebid Conference,and participate in the General Contractor selection process.
3.2. The Architect shall coordinate printing of documents for bidding.
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3.3. Following bidding, the Architect shall investigate the qualifications of up to five (5) bidders and
make recommendations concerning the capability of the bidder to satisfactorily perform the
Contract.
4. Construction Services:
4.1. The Architect shall assist the City by approving submittals,observing construction procedures and
results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
4.2. The Architect shall attend periodic job site meetings,prepare meeting notes and distribute them to
all participants and key project personnel.
4.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
4.4. The Architect will review contractor's pay requests.
4.5. The Architect will conduct final acceptance and end of warranty inspections.
4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of
"Record Drawings"for the City's archives.
4.7. The Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such
other operating system as determined by the City.
5. All designs, drawings, specifications, documents, and other work products of the Architect, whether in
hard copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of
the City of any such instruments of service without the written permission of the Architect will be at the
City's sole risk. The City shall own the final printed designs, drawings, specifications and documents.
Transfer of ownership of the contract documents does not constitute sale of the documents.
6. Prepare schedules using the following scheduling software systems: Primavera Version 6.1 or
Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version
2003/2007. The softwares can be later versions. If a different software is planned, the software has to
be previously approved by the City.
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Project.
2. Assist the Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Project and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon
public and private property as may be required for the Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as the City's representatives with respect to the
Project for the purposes of transmitting instructions, receiving information, interpreting and defining
City's policies and decisions with respect to the Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
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deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide"Instructions to Offers"and"General Conditions"for use in assembling the Project Manual.
9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by
the Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing
and legal fees associated therewith.
10. Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Projects.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract,and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors' prepared field drawings to the Architect for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees
charged by Oncor for new or revised service.
16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this SECTION.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in
SECTIONS V and VI hereof. The Architect shall also be compensated for all termination-related
expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided,
however, the Architect shall not be entitled to any compensation that exceeds the total fee to be paid
hereunder at the applicable phase as stated in SECTION V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed Architectural and Engineering documents
prepared under this Agreement that shall become the property of the City and may be used by the City
in any manner it desires. The Architect shall not be liable for the use of such materials for any project
other than the project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and Consultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
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surveys, location of subsurface investigations, designs, working drawings and specifications and other
Architectural and Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Architectural and Engineering
documents by the Architect, its officers, agents, employees and Consultants, it being the intent of the
parties that approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants
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 Consultant, and all other persons performing any part of the work and
improvements, which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs,working drawings, specifications and
other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents, servants
or employees harmless from any loss, damages, liability or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$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
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per claim
$1,000,000 Annual aggregate
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6. The Architect shall furnish the 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
the 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 thirty(30)days' notice of cancellation or non-renewal in coverage shall be provided
to the City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto the Architect's insurance policies. Notice shall be sent to the
Architectural Services Manager, Property Management Department, 401 West 13`h Street, 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
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion, the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a"claims made" and shall be in effect for the
duration of this Agreement and for 12 months following Architect's issuance of the Certificate of
Substantial Completion. The Architect's current insurer shall list the City as a certificate holder
for a period of six years following the issuance of the Certificate of Substantial Completion by the
Architect. The City shall be notified at least 30 days prior to cancellation or non-renewal in
coverage.
8. The City shall require its General Contractor to include the Architect as an additional insured on its
general liability insurance.
SECTION XII HAZARDOUS MATERIALS
1. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
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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 the Architect's negligence or if the Architect brings
such hazardous substance,contaminant,or asbestos onto the Project.
SECTION XIII RIGHT TO AUDIT
1. The Architect agrees that the City shall, until the expiration of three(3)years after final payment under
this Agreement, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Architect involving transactions relating to this Agreement. The Architect
agrees that the City shall have access during normal working hours to all necessary Architect facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. The City shall give the Architect reasonable advance notice of
intended audits.
2. The Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
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.
3. The Architect and Consultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse the Architect and Consultants for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves,their successors and assigns, to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. The Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. The Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
consultants. Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent
superior has no application as between the City and the Architect.
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SECTION XVII M/WBE GOALS
1. In accordance with City of Fort Worth Diversity Business Ordinance No. 20020-12-2011, the City has
goals for the participation of minority and woman business enterprises in City contracts. Architect
acknowledges the M/WBE goal of 0% is established for this Agreement and its commitment to meet
that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by Architect may result in termination of this Agreement and debarment from
participating in City contracts for a period of time not less than three years.
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and with
all City ordinances and regulations which in any way affect this Agreement and the work hereunder,
and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and
hold harmless City and all its officers, agents and employees from and against all claims or liability
arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
SECTION XIX MISCELLANEOUS
I. 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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IN TESTIMONY THEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS/� day of ;A.D.,2015.
Weinman Architects, Inc.
d/b/a Arthur Weinman Architects APPROVED: City of Fort Worth
By: 41X By:
rthur W. Weinman,AIA fer"IM46 Eest��y,�iS.C.l�,e�s
Principal Assistant City Manager
FORT
APPROVAL RECOMMENDED: RECORDED: A0 ' 0
0
°
By: By: ° o
ayne Cop", Interim Director Mary J er (,S
Property Management Department City Secretary'°�°°°°"0°°°
APPROVED AS TO FORM AND LEGALITY: M&C Not Required (n/a)
Contract Authorization
By: Date:
Gra t Jorda
Assistant City Attorney
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-
9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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Attachment"A"
ARTHURWEINMAN
A R C H I T E C T S
July14, 2015
Mr. Alfonzo Meza
City of Fort Worth Municipal Court Building
401 West 13'h Street 1" Level Accessibility& Courtroom
Fort Worth, Texas 76102 AWA Project# 14-016
Dear Alfonzo,
Thank you for the opportunity to present you with our revised proposal for Architectural services
for the Remodel of the Public Safety and Municipal Court Building at 1000 Throckmorton Street,
Fort Worth, Texas. This is a historically significant Art Deco building with five floors and a full
basement. Originally constructed in 1938 as the City Hall it was designed by the prolific Wyatt
Hedrick firm in a joint venture with Elmer G. Withers. Although not currently designated as either
National Register or Registered State Historic Landmark, the building is recognized by the
Texas Historical Commission as eligible for both and is protected by their offices as if the
designations were in place.
The project will include remodel of the existing first level to provide a new accessible entry to the
building. The existing accessible entry at the rear of the building adjacent to the dumpsters is
not adequate. As you have requested this revised proposal will include the following items:
First Floor Accessibility (North side of Lobby):
A new accessible ramp from the Houston Street sidewalk on the east side of the.building will be
planned adjacent to the sidewalk, ramped up to the 1 s'floor building floor level, and then taken
through an existing north facing window enlarged to serve as the new accessible entry. The
ramp will be primarily located in the City park at the north side of the building. The new
accessible entry will traverse through existing 1"floor offices to the building lobby. The single
building security checkpoint will be relocated from the south side of the lobby to the north side to
accommodate the new accessible entry location. We shall design this work with clear
knowledge of the estimated budget. Estimated budget is $225,000 for project construction
costs.
First Floor Parking Bureau and Courtroom #2 Space Re-Allocation (South side of Lobby):
The work will include the remodel of the 1"floor Parking Bureau area (south side of building
lobby)with additional remodel of the existing Court#2 and the south corridor. We shall design
this work with clear knowledge of the estimated budget. Estimated budget is $75,000 for
project construction costs.
Total project construction budget for both of the above described portions of the project(314 of
first floor work) is $300,000.
Fourth Floor Remodel to Add One Courtroom and Two Associated Offices:
The Architect shall provide necessary schematic design documents as required for a preliminary
cost estimate only, provided once, for remodel of the fourth floor of the building. This remodel
6300 Ridglea Place,Suite 105 Fort Worth Texas 76116
817-737-0977 817-737-2203 fax
www.weinmanarchitects.com
shall include the proposed new fourth floor Courtroom with two new associated offices as
central to the remodel. None of these documents are suitable for construction purposes.
One construction document set will be prepared for all First Floor architectural services noted
above. Our services shall include research and review with the City of Fort Worth zoning,
planning and building inspection departments for zoning codes, setbacks, and how all current
City construction and landscape requirements may affect what is allowable as part of the
projected phase of the project.
We shall visit the site to confirm existing conditions, obtain field measurements of the building
and affected portion of the building and adjacent park site, verify utility locations above ground
and so forth.
Our construction documents shall indicate new and existing partitions and doors; new floor, wall
and ceiling finishes; fixed counters and cabinets attached as part of the building finish. Our
services will include location of electrical outlets, telephone outlets, IT outlets and lighting
design. We will modify and adapt existing HVAC system and controls as required for the new
building spaces and uses. The selection of interior movable d6cor items, window coverings,
and similar items are not included in this proposal.
We shall provide one detailed construction cost estimates for this project at the conclusion of
design development. Any additional cost estimates requested shall be charged by the Architect
at our hourly rates as additional services.
Construction cost estimates for additional work not included in the construction documents shall
be based on preliminary design information prepared for these estimates.
Architectural services shall include Structural Engineering and M.E.P. Engineering, Landscape
Architecture with irrigation design and a Registered Accessibility consultant. Architectural
services shall include coordination of all required professional services.
Architectural services do not include Civil Engineering. If required, soils testing services
(including foundation recommendation), along with perimeter survey and topological survey
work shall be under separate contract between the Owner and others for this project. We shall
give binding advice to the City on the qualifications of the geotechnical engineer before the City
employs this consultant.
Architectural services shall include telephone advice and assistance during bidding, checking
shop drawings and required submissions, if requested.
With your approval, we shall confer with the Texas Historical Commission about the design of
this project and the efforts made to preserve the historical integrity of the building, while still
maintaining it in full public service. If requested we shall apply for an Antiquities Construction
Permit for Historic St ctures and follow through to its issuance by the Texas Historical
Commission. 5 ,,- G��.,. s &A=11 -Ibs W F>, �.�,��...i A,4 .
Architectural services shall include construction observation and verification of the progress of
work in the field up to ten (10) visits with written reports. Also included are site visits by the
Structural Engineer during construction with one(1) construction visit and one (1) Close-Out
visit by the MEP Engineers. Additional visits by the Architect or professional consultants will be
invoiced at each professional's individual hourly rates.
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When construction documents are complete submission is required for approval by the Texas
Department of Licensing and Regulation for compliance with the Texas Architectural Standards
Act. The documents will be sent to a Registered Accessibility Consultant for review and for
filing with the TxDLR. Fees for these services are set by the State and include the review fee,
TxDLR Filing Fee and Inspection Fee. All fees incurred as part of the design review are the
responsibility of the Owner. All construction must be in compliance and the premises will be
inspected by your consultant or the Texas Department of Licensing and Regulation for
compliance, usually within one year of construction.
The value of this proposal is based on a flat fee, excluding reimbursable expenses, for
Architectural services as itemized above:
First Floor Building Accessibility (north side of lobby):
Architectural $ 9,155.00
Structural Engineer (Neal) $ 2,000.00
Landscape Architect (Don Wheeler) $ 1,400.00
MEP Engineer (BHB)
Construction Documents: $4,750
Bidding 600
Construction Administration 4,750
$ 10.100.00
Total Professional Services $ 22,655.00
First Floor Parking Bureau & Courtroom #2 Accessibility (south side of lobby):
Architectural $ 4,577.50
Structural Engineer (Neal) $ 250.00
MEP Engineer(BHB)
Construction Documents: $2,375
Bidding 300
Construction Administration 2,375
$ 5,050.00
Total Professional Services $ 9,877.50
Preliminary Design and proposed 41' Floor Courtroom Preliminary Cost Estimate
Architectural $ 300.00
ADA Consultant (K+K) $ 865.00
Estimated Reimbursable Expenses 500.00
Total Fee $ 34,197.50
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This proposal is good for 60 days from the above date. If you decide to proceed after that
date we reserve the right to review our fees at that time.
Time will be billed on a monthly basis or at the completion of the drawings. Payment of all
invoices will be due upon receipt of invoice. Payment not received within thirty days of invoice
date shall bear interest at the rate prevailing at the principal place of business of the Architect.
Our Hourly rates for additional services beyond those contracted would include the following
personnel rates:
Principal $160.00 per hour
Project Architect $110.00 per hour
Senior Project Manager $ 95.00 per hour
Project Manager $ 80.00 per hour
Senior Draftsman $ 60.00 per hour
Draftsman $ 45.00 per hour
Reimbursable expenses, reimbursable with fifteen percent(15%) handling and carrying
charges, shall include the following items:
Other professional consultants not included above.
Printing
Rendering or model production costs
Long distance travel, meals, hotel, auto rental
Auto travel at $0.55 per mile
Express Mail, Federal Express, or other local and
long distance courier services
Please review the attached General Conditions of the Proposal for further information
regarding this proposal. I appreciate the opportunity to assist you with this project. If this
proposal is acceptable I will prepare an A.I.A. form of agreement between Owner and Architect
completed for this project for your signature. If you have any questions please do not hesitate
to contact me.
Sincerely,
f
Arthur W, Weinman, A.I.A.
AWW:ew
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General Conditions of Proposal
This proposal does not include preparation of perspective drawings, presentation renderings or
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 or 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 is 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
you, or your associates have given approval of the design or construction documents, additional revisions
or additions to the approved plans would be an addition to this contract and charged on the basis of our
hourly rates.
If the schedule, or any other circumstance requires completed documents within an accelerated period,
any required overtime for this project will be additional to our base fee, and will be invoiced at time and
one-half(1-1/2 times)of our regular personnel rates as shown. We will endeavor to meet your schedule
within our customary hours and will obtain your permission before using overtime.
We will 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 will
not be liable for damages arising out of any such delay, nor deemed to be in default as a result thereof.
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.
The Architect shall not have control over or charge of and shall not be responsible for 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 responsibility under the Contract for
Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out
the work in accordance with the Contract documents. The Architect shall not have control over or charge
of acts or omissions of the Contractor, sub-contractors, or their agents or employees, or of any other
persons performing portions of the work.
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 offices and that all terms of this contract are acceptable to the
Owner.
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practice of persons registered as Architects in Texas.The Board's current mailing address and telephone
number are:
P.O. Box 12337
Austin,Texas 78701-2337
Telephone 512-305-9000
www.tbae.state.bc.us
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