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HomeMy WebLinkAboutContract 50110 1 s 6 CITY SECRETARY . . �� CON CT'N0. 50 1 b CITY OF FORT WORTH, TEXAS RF�EIVE� 9 cl OFC28 2OII ANNUAL ARCHITECTURAL SERVICES AGREEMENT oFFORr vi CIlySFCr: !ORT/, THIS AGREEMENT is between the City of Fort Worth, Texas, a Texas municipal corporation ("City"), acting by and througii its duly authorized Assistant City Manager, and Art Weinman Architect, authorized to do business in Texas, acting herein by and through Art Weinman. AIA, its duly authorized representative("Architect"). That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION I -SERVICES OF THE ARCHITECT 1 1 The City hereby contracts with Architect as an independent contractor and the Architect hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services associated with individual assignments in connection with the following basic services: Perform architectural investigation, programming, design, and construction administration services for improvements to facilities/buildings on behalf of the City Fort Worth. Individual project assignments will generally be in the $10,000 to $100,000 range in construction cost and require a multi-disciplinary design effort ("Project"). The Agreement is for a five-year period. Each project assignment will be executed using Attachment"A" (Annual Architectural Services Agreement Delivery Order). SECTION II - CHARACTER AND EXTENT OF ARCHITECT'S SERVICES 2.1 Architect shall consult with the City to clarify and define City's requirements relative to the Projects and review available data. 2.2 Architect agrees to commit the personnel to each Project as necessary in order to complete the Project in an expeditious manner 2.3 The Architect shall advise City as to the necessity of City's providing or obtaining from others services and data required in connection with the Project at City's cost and expense (which services and data Architect is not to provide hereunder but on which Architect may rely in performing services hereunder), and act as City's representative in connection with any such services of others. 2.4 Architect agrees that architectural services will be managed and performed in its Fort Worth office, except work done by contracted consultants. 2.5 If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. Architect shall not perform any additional services without a written agreement with City Any services provided prior to reaching an agreement on additional fees will be non- compensable. EFT. RECFT]X RET TH, Annual Architectural Services Agreement,(November 2017) Page 1 of 10 2.6 Architect shall apply for building permits and provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. SECTION III -SPECIAL SERVICES OF ARCHITECT 3.1 If authorized in writing by City, Architect shall furnish or obtain from other special services necessary to complete the Projects. These special services are not included as part of the Basic Services. These special services will be paid for by City as indicated in Section IV SECTION IV-COMPENSATION TO ARCHITECT 4.1 The total compensation for all of the Project assignments to be performed by Architect as described in Section 11 - CHARACTER AND EXTENT of ARCHITECT'S SERVICES and subject to the limits found in Section IX — TERM AND TERMINATION hereof shall not exceed $1,500,000.00 for the five-year Agreement (the "Contract Limits"), unless modified by an amendment hereto authorized in writing by the parties. 4.2 Labor Expenses: 4.2.1 Architect shall be compensated for actual hours worked by and paid to the employees engaged in performing the individual Project scope of work at the hourly rates contained in Attachment B below which is made a part of this Agreement. 4.2.2 Out of pocket Expenses that are incurred during the progress of the work will be reimbursed at Architect's cost plus 10%. The actual out-of-pocket expenses include: air fare, automobile rental if required, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, and other miscellaneous costs incurred specifically for this project. 4.2.3 The established overhead rates are inclusive of all employee benefits, all fringes and overhead costs, general and administrative costs and all other allowable indirect costs except reimbursable expenses. 4.2.4 Salary schedules and overhead rates are included in Attachment "B" (Basis for Professional Fees and Charges), attached hereto and made a part of this Agreement 4.2.5 Invoice Format: 4.2.5.1 Monthly invoices shall be broken down by Project, and include a list containing the name of each employee engaged on each Project, the total time each employee worked during the invoice period and the hourly rate of each employee. The City may require a signed time report for any employee engaged in work on this project. 4.2.5.2 Description and costs of reimbursable expenses being billed shall be shown clearly on each invoice accompanied by documentation substantiating each charge. Documentation to substantiate subcontract charges shall also be submitted with each invoice. 4.2.5.3 Architect shall be reimbursed for work actually performed by contracted consultants at a multiple of 1 1 times the actual cost of such services. Where the term "contracted consultants" is used in this document, it is understood to refer to all consultants and other parties rendering services to the Architect under a written agreement for the execution of the Project. 4.2.5.4 The City and the Architect shall agree in writing on the scope and compensation for the performance of special services prior to the commencement of such special services. SECTION V- METHOD OF PAYMENT 5.1 The Architect shall be paid not more frequently than twice 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. Annual Architectural Services Agreement,(November 2017) Page 2 of 10 Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. 5.2 The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Project until completion. If City fails to make uncontested payment due Architect for services and out-of-pocket expenses within sixty (60)days after Architect's statement thereof is submitted to City Architect may, after giving seven days'written notice to City, suspend services under this Agreement until Architect has been paid in full all amounts due for services actually performed and reimbursable expenses incurred. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid within such sixty (60) day period. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. In the event of suspension of services, the Architect shall have no liability to City for delays or damages caused the City because of such suspension of services. SECTION VI - PROCEDURES FOR PROVIDING ARCHITECTURAL SERVICES 6.1 Design Phase, as necessary, as determined by the City for each Project: 6.1.1 City shall notify the Architect when it is appropriate to proceed with the services. 6.1.2 The Architect shall visit the site and make itself familiar with the scope of the Project. 6.1.3 The Architect shall estimate the fees and construction cost for the Project. 6.1.4 Upon approval of the estimated costs, the Architect shall perform all services to complete the design. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. 6.1.5 Architect shall prepare the design in phases. Upon completion of a phase by Architect, City shall notify the Architect of its approval of the phase, at which time the Architect will proceed to the next design phase. The design phases are as follows: 6.1.5.1 Schematic Design: Preparation of alternative floor and site plans, architectural concepts and principal equipment and finish plans and budget cost estimates. 6.1.5.2 Construction Documents: Preparation of details, mechanical, electrical, and plumbing plans, finish schedules, detailed specifications, and cost estimates. 6.1.6 Architect shall prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation or to a licensed provider All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Texas Accessibility Standards (TAS). 6.1 7 The Architect shall include procedures for mitigating environmental impact, use of recycled building materials, and sustainable construction, in the design of the project. 6.1.8 The Architect shall submit an estimate of probable construction cost and scope for review and acknowledgement in writing at the completion of the Construction Documents 6.1.9 Upon written approval of the Construction Documents, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding. 6.1 10 The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 6.2 Construction Advertisement: 6.2.1 The Architect shall respond to Contractors' inquiries, prepare necessary addenda and conduct the Pre-Proposal Conference. 6.2.2 Following construction advertisement, the Architect shall investigate the qualifications of the apparent low Offeror and make recommendations concerning award of the contract. Annual Architectural Services Agreement,(November 2017) Page 3 of 10 6.2.3 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 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 compensation as set forth in Section IX hereof 6.3 Construction Services: 6.3.1 The Architect shall assist the City, upon request, in approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. However neither the Professional activities of the Design Professional, nor the presence of the Design Professional or its employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Design Professional and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The City agrees that the General Contractor is solely responsible for jobsite safety and warrants that this intent shall be made evident in the City's agreement with the General Contractor. 6.3.2 Architect shall attend periodic job site meetings as required by the City, prepare meeting notes and distribute them to all participants and key project personnel. 6.3.3 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. 6.3.4 The Architect shall prepare "Record Drawings" in an electronic format (AutoCAD and PDF formats), Contractor's marked up field drawings and the Architect's observations. 6.4 Post Construction: 6.4.1 All project information and designs shall become the property of the City and may be used by the City in any manner it wishes. The Architect shall not be liable for the use of such design information on other projects. 6.4.2 Architect shall assist the City in the resolution of post construction and warranty issues for a period of one year past issuance of Occupancy Permit or final payment to contractor. 6.5 Other Professional Services: Architect shall assist the City on other Project assignments as requested. SECTION VII -CITY RESPONSIBILITIES 7.1 Provide all criteria and full information as to City's requirements and designate a person with authority to act on City's behalf on all matters concerning the Project. 7.2 Assist 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. 7.3 Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon public and private property as may be required for Architect to perform services hereunder. 7.4 Designate in writing qualified persons who will act as City's representatives with respect to a Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Architect's services. 7.5 Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. Annual Architectural Services Agreement,(November 2017) Page 4 of 10 7.6 Upon reasonable notice provide labor and safety equipment to expose structural elements and temporarily repair same, and to operate mechanical and electrical systems as required by the Architect in the development of the design. 77 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney insurance counselor and other consultants as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. 7.8 Prepare easements and right-of-way acquisition conveyance documents, from description provided by Architect, contact owners, negotiate for or condemn all easements and right-of-way pay all filing and legal fees associated therewith. 7.9 Provide such legal, accounting, insurance and other counseling services to City as may be required for the Project. 7.10 Pay all permit and review fees. 7.11 Distribute bid documents and addenda to plan houses, contractors and suppliers. 7.12 Collect and administer plan deposits. 7.13 Bear all costs incidental to compliance with this Section. SECTION VIII - OBSERVE AND COMPLY 8.1 Architect shall prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation or Independent Contract Provider. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Texas Accessibility Standards (TAS) in effect as of the date such design is delivered to City by the Architect. 8.1 1 Architect shall at all times observe and materially 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 materially comply with all orders, laws ordinances and regulations which may exist (on the date of execution of this Agreement) 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. 8.2 The Architect shall reimburse the City for all damages incurred as a result of the failure of a facility's design as prepared by Architect to conform to all applicable State rules and regulations, Federal law, and municipal ordinances in effect as of the date such design is delivered to City by the Architect, including but not limited to the cost to modify the facility to conform to all such applicable State rules and regulations, Federal law and municipal ordinances. 8.2.1 Architect shall assess the facility to determine the effect of the proposed improvements on the compliance with building codes in effect as of the date of such assessment. 8.2.2 The scope of the Architect's services shall include design of improvements, including those lying outside the principal area of improvement, required by building codes in effect as of the date such design is delivered to City by the Architect. 8.2.3 Should failure to meet the building code criteria ( in effect as of the date such design is delivered to City by the Architect) require removal of facilities constructed under the design documents to meet the Code, the Architect shall prepare remedial designs and reimburse the City for the cost of the original construction and the removal of the affected features. 8.2.4 Should failure to meet building code criteria (in effect as of the date such design is delivered to City by the Architect) require construction of additional features not included in the original design, the Architect shall prepare additional designs required to meet the building code at no additional cost to the City The cost of the additional construction, less bidding costs and contractor's mobilization and demobilization costs, will be born by the City, The bidding, mobilization and demobilization costs will be borne by the Architect. Annual Architectural Services Agreement,(November 2017) Page 5 of 10 SECTION IX--TERM AND TERMINATION 9.1 This Agreement shall commence on the date of its execution by both parties and remain in effect for five (5) years or until the expenditure of $1,500,000.00 (the "Contract Limits"), whichever occurs first. Provided however, the term and/or Contract Limits may be extended by an executed written amendment authorized by the parties. 9.2 The Agreement may be terminated prior to its expiration as follows: 9.2.1 The City may terminate this Agreement at any time for convenience, non-appropriation of funds, 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. 9.2.2 Either City or the Architect may terminate this Agreement for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. 9.3 In the event of a termination or expiration of this Agreement under the foregoing Section 9.1 or 9.2, the City shall pay the Architect for services performed in accordance herewith prior to such expiration or termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. Architect shall also be compensated for all expiration or termination-related expenses such as meeting attendance, document reproduction, transfer of records, etc. 9.4 Upon termination or expiration of this Agreement, the Architect shall provide the City reproducible copies of all completed or partially completed Architectural documents prepared under this Agreement which 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 projects described in this Agreement. SECTION X- INDEMNITY AND INSURANCE 10.1 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 subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of subsurface investigations, designs, working drawings and specifications and other architectural or engineering documents. 10.2 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 engineering documents by the Architect, its officers, agents, employees and subconsultants, 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. 10.3 In accordance with Texas Local Government Code Section 271.904, Architect 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 Architect or Architect's agent, consultant under contract, or another entity over which the Architect exercises control. 10.4 The Architect shall perform all services under this Agreement (1) with the professional skill and care ordinarily provided by competent architects practicing in the same or similar locality and Annual Architectural Services Agreement,(November 2017) Page 6 of 10 under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent architect. 10.5 Without limiting the above indemnity provision in this Section, Architect shall maintain the following insurance coverage with carriers acceptable to City, such insurance to be in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate Workers Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 Each Accident $500,000 Disease- Policy limit $100,000 Disease- Each Employee Business Automobile Combination Single limits $1,000,000 Each Accident Professional Liability Insurance (Errors and Omissions) $1,000,000 Per Claim $1,000,000 Aggregate 10.6 General Insurance Requirements 10.6.1 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. 10.6.2 Architect shall furnish City a Certificate(s) of insurance stating that insurance coverage in at least the limits specified are provided under applicable policies documented thereon. 10.6.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 10.6.4 A minimum of thirty (30) days notice of cancellation, non-renewal or material change 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 Architect's insurance policies. Notice shall be sent to the Director, Property Management Department,401 West 13th Street, Fort Worth, Texas 76102. 10.6.5 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. Deductible limits, or self-funded retention limits, on each policy must not exceed $25,000.00 per claim or occurrence unless otherwise approved by the City 10.6.6 The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City In the event the City so revises the insurance requirements hereunder, this Agreement will be amended by the parties to adjust the overhead and profit factors and multiplier rates payable hereunder such that the Architect will be in the same or substantially similar position with regard to profit on each Project, as before any such adjustment of the insurance requirements by City 10.6.7 Workers' compensation insurance policy(s) covering employees directly employed by Architect on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of Annual Architectural Services Agreement,(November 2017) Page 7 of 10 the City Architect makes no representations or warranties regarding, and will not have any liability for damages or claims related to, the insurance or lack of insurance coverage of any persons other than Architect. 10.6.8 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. 10.6.9 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 10.6.10 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. 10.6.11 All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. Architect's liability shall not be limited to the specified amounts of insurance required herein. 10.6.12 The Professional Liability Policy shall be written on a "claims made" and shall be in effect for the duration of this Agreement and for a period of ten years following the issuance of the Certificate of Substantial Completion by the Architect. The City shall be provided a current Certificate of Insurance annually and be notified at least 30 days prior to cancellation or substantial change in coverage. 10.6.13 The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XI - INDEMNITY PERTAINING TO HAZARDOUS MATERIALS 11 1 City acknowledges Architect will perform part of the work at City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that Architect had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases Architect from any damage or liability related to the presence of such materials. 11.2 The release required above shall not apply in the event the discharge, release, or escape of hazardous substances, contaminants, or asbestos is a result of Architect's gross negligence or if Architect brings such hazardous substance, contaminant, or asbestos onto the Projects. SECTION XII - RIGHT TO AUDIT 12.1 Architect agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement. Architect agrees that the City shall have access during normal working hours to all necessary Architect facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Architect reasonable advance notice of intended audits. 12.2 Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to Annual Architectural Services Agreement,(November 2017) Page 8 of 10 conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. 12.3 Architect and contracted consultants agree to photocopy such documents as may be requested by the City The City agrees to reimburse Architect and contracted consultants for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIII -SUCCESSORS AND ASSIGNS 13.1 The City and the Architect each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XIV-ASSIGNMENT 14.1 Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XV- INDEPENDENT ARCHITECT 15;1 Architect shall perform all work and services hereunder as an independent Architect, and not as an officer agent, servant or employee of the City Architect shall have exclusive control of and the exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and contracted consultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and contracted consultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVI—SMALL BUSINESS ENTERPRISE (SBE) GOALS 16.1 In accordance with City of Fort Worth Business Diversity Enterprise Ordinance No. 20020-12- 2011 as amended, the City has goals for the participation of small business enterprises in City contracts. Architect acknowledges the SBE goal of 20% established for this Agreement and its commitment to meet that goal. Analysis of whether such SBE goal is met will be measured on an aggregate basis for the entire term of the Agreement; the SBE goal is not required to be met on each individual Project. 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 XVII - MISCELLANEOUS 171 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. 17.2 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. 17.3 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. Annual Architectural Services Agreement,(November 2017) Page 9 of 10 17.4 This Agreement shall be signed and executed in triplicate copies, each of which is deemed an original. 17.5 House Bill 89 - Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 17.6 Immigration Nationality Act - City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor AGREED TO AND EXECUTED BY: ART WEINMAN ARCHITECT CITY OF FORT WORTH: By: Ih By. Art Weinman, AIA D to Jesus J. Chapa Date Owner Assistant City Manager APPROVA RECOMME DED RECORDED: ORT�i0 By: By: Stev6 Cooke Mary J. Ka r F Director, Property Management Department City Secretary Ut * e APPROVED AS TO FORM AND LEGALITY: Date Executed: t By: Authorization: M&C C-27982 (Nov. 1, 2016) 40 n B. StrongIQ 1XI9.1 ao 1(o (o Assistant City Att ey CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: AYr&1vt-- R 041-.4112 Brian R.Glass,AIA,Architectural Services Manager 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'Regi res,Article 249a. OFFICIAL RECORD Annual Architectural Services Agreement,(November 2017) CITY SECRETARY Page 10 of 10 FT.WORTH,TX FORTWORTH Attachment "A" ANNUAL ARCHITECTURAL SERVICES AGREEMENT Art Weinman Architect Delivery Order This Annual Architectural Services Agreement for professional services is governed by all terms and conditions of the Contract referenced below which is hereby incorporated by reference. Sponsoring (Client) Department: Dept. City's Contract No.: City Secretary Contract No. Delivery Order No.: AW2017- Project Name: Professional Services Firm: Art Weinman Architect Date of Contract: Delivery Order Date: City's Project Architect or Manager: Summary and Description of Statement of Work attached hereto: Scope of Work and fee proposal per Art Weinman Architect letter dated subject: (attached). Fund/Account/Center No.: Design Fees: $ ( Design Phase or Construction Admin) Reimbursable Expenses: Not-to-Exceed J_ Notice-to-Proceed Date for this Delivery Order: Completion Date for this Delivery Order: Property Management Department Art Weinman Architect Architectural Services By: By: Brian R. Glass, AIA Art Weinman,AIA Architectural Services Manager Owner Date: Date: Arch Ref# Copy: Sponsoring Dept. M/WBE Office( Architectural Services Project Architect or Manager Architectural Services Admin (Vicki McDonald) Architectural Services Manager(Brian R. Glass) Property Management Department,November 2016 Art Weinman Architect ATTACHMENT B ANNUAL ARCHITECTURAL SERVICE AGREEMENT BETWEEN CITY OF FORT WORTH ART WEINMAN ARCHITECT BASIS FOR PROFESSIONAL FEES AND CHARGES DECEMBER 2016 Projects indicated to be performed on a "Time and Materials" basis will be invoiced monthly using actual raw salary cost for the persons working on the project times a multiplier which is an overhead factor, including profit. The current year multiplier is 2.50%. The hourly salary costs, including the current year multiplier for the various employees are as follows: Principal $170.00 Project Architect $117.00 Senior Project Manager $101.00 Project Manager $ 85.00 Senior Draftsman $ 65.00 Draftsman $ 48.00 REIMBURSABLE EXPENSES WILL BE INVOICED AS FOLLOWS: In-House Photocopies $0.10 Per Page Outside Services Actual Cost+ 10% Mileage(Same as authorized to City staff) $0.54 Per Mile Property Management Department,November 2016 Elements Of Architecture,Inc. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2016 DATE: Tuesday, November 1 2016 REFERENCE NO.: **C-27982 LOG NAME: 21ANNUAL ARCHITECTURAL SERVICE AGREEMENTS SUBJECT: Authorize Execution of Five Annual Architectural Services Agreements with Weinman Architects, Inc. Elements of Architecture, Inc. Freese and Nichols, Inc. Quorum Architects, Inc., and RPGA Design Group, Inc. for Small Multi-Disciplinary Projects on an As-Needed Basis, Each Agreement for a Total Fee Not-to-Exceed $1,500,000.00 Over the Five-Year Period of the Agreement (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute five Annual Architectural Services Agreements with Weinman Architects, Inc. Elements of Architecture, Inc. Freese and Nichols, Inc. Quorum Architects, Inc. and RPGA Design Group, Inc. for small multi-disciplinary projects on an as- needed basis, each Agreement for a total fee not-to-exceed $1,500,000.00 over the five-year period of the Agreement. DISCUSSION: The City of Fort Worth requires architectural assistance for small multi-disciplinary projects on an as- needed-basis. The City's current annual Architectural Service Agreements (M&C C-25235, October 18, 2011) expire in October, 2016. A Request for Statement of Qualifications (RFQ) was advertised in the Fort Worth Star-Telegram on August 4, 2016 and August 18, 2016. Sixteen firms responded. The selection panel reviewed submissions and recommended Weinman Architects, Inc. Elements of Architecture, Inc. Freese and Nichols, Inc. Quorum Architects, Inc. and RPGA Design Group, Inc. as the best qualified firms to meet the City's anticipated needs. These firms will assist City staff in the design of small renovation and expansion projects that may also require the assistance of civil landscaping, structural, mechanical and/or electrical consultants in preparing project and construction documents. The architectural firms will also assist City staff with structural, mechanical and electrical assessments, cost estimating, space needs evaluations, conceptual site and floor plans for review and designs for emergency repairs of damaged facilities. All expenditures for the project assignments will be made through allocations from capital and departmental budgets. M/WBE OFFICE - Each of the five firms is in compliance with the City's Business Diversity Enterprise Ordinance by committing to meet or exceed the City's 20 percent SBE participation goal. Two of the five firms recommended for award, Elements of Architecture, Inc. and RPGA Design Group, Inc., are M/WBE certified. FISCAL INFORMATION /CERTIFICATION: he uirector of rinance certities that funds are available in the current operating and capital budgets, as Logname: 21 ANNUAL ARCHITECTURAL SERVICE AGREEMENTS Page 1 of 2 appropriated, of the participating funds. Prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO !Fund Department Account Project ojectProgramActivity' Budget Reference # Amoun C ID ID Year � _ l_(Chartfield 21 � FROM Fund Department Accoun Project ProgramActivity Budget Reference # �mo—Ul ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. Annual Architectural Services Compliance Memo.Of (CFW Internal) 2. Elements 1295.pdf (Public) 3. Freese and Nichols Form 1295.pdf (Public) 4. Quorum Form 1295.pdf (Public) 5. RPGA Form 1295.pdf (Public) 6. Weinman Form 1295.pdf (Public) Logname: 21 ANNUAL ARCHITECTURAL SERVICE AGREEMENTS Page 2 of 2 C - 27982 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-115161 Arthur Weinman Architects Fort Worth,TX United States Date Filed- 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/22/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFQ 2012-05 Professional Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Weinman,Arthur Fort Worth,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and corret #10111 KHAN Wy i0 i 11114044 11 my cot"Isiin floss .� May 1!,2020 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Q Sworn to and subscribed before me,by the said W UJa i o"yN this the day of 6 Y 20 L to certify which,witness my hand and seal of office. t Abdul Kruri n MA121/ aU©L« ig ature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277