HomeMy WebLinkAboutContract 50196 4 CITY SECRETARY
CONTRACT N0.
c ,/N* �/tzb CITY OF FORT WORTH. TEXAS
SF�9 yo?��8 ANNUAL ARCHITECTURAL SERVICES AGREEMENT
tt
THS AOREEIAENT is dna the City Af Fort Worth, Texas, a Texas ffxmKvW corporation ("Cy),
acting by and 0wough tis duly authorized Assistant City I1llanager, and Freese and Nichol% Inc..,
mAhorized to do business in Texas("Amhillect').Attachments A, B, and C via are attached herd and
oralm herein, are made a pant of this Agreement for aid purposes. In ttae event of any conflict
between the terns and coWitionas of Attachments A. B, and C the tears and conditions set forth in the
bony of this Agri,the terns and conditions of this Agit shall contrd.
That for and in consideration of the mutual covenants and agreements herein contained. the panties
hereto do hereby coat anal agree as follaws:
SECTION I-SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Archillect 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 foking
basic services:
Perform architectural investigation, programming, design, and construction administration
services for improvements to faa7itiesltwildings on behalf of the City Fort Worth. Individual project
assignments will generally be in the$10,00 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.
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.
OFFICIAL RECORD
Annual Architectural Services Agreement,(November 2017) CITY SECRETARY Page 1 of 11
FT.WORTH,TX
SECTION 10-SPECIAL SERVICES OF ARCHITECT
3.1 ff auftrized m writing by City, Ar+cait d shah furnish or login ftp m ower special services
necessary Iso corriplote the Proms. These special services are not kvcludedl as part of the Baste
Settees. These special services will be paid for by City as indicated m Section W.
SECTION IV-COMPENSATION TO ARCHITECT
4.1 The total option for all of the Pry assignments to be perkwmed by ArdAect ars
described in Section It -CHARACTER AND EXTENT of ARCHITECT-S SERVICES and wNed
to the Ids found in Section IX — TERM AND TERMINATION hereof shat not exceed
$1.500.000.00 for the five-year' Agreement (telae "Contract LisaawW), unless modified by an
amendment hereto authorized in writing by the parties.
42 Labor Eypenses:
4.2.1 Arra shall be compensated for actual hours worked by and paid to the employees engaged in
perforrining the individual Project scope of work at the hourly rates contained in Attachment B
below,which is made a pact of this Agreement.
4.2.2 Out of pocket Expenses that are incurred during the progress of the work wig be reimbursed at
ArdAecrs cost plus 10%. The actual out-&-pocket expenses include: air fare, automobile rental
if required, mileage charges, parking, tolis, taxi, meals, lodging, telephone, printing and
reproduction costs,and other miscellaneous costs incurred specifgcadlly 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.
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.
Annual Architectural Services Agreement,(November 2017) Page 2 of 10
52 The above charges are on the basts of prompt paymerA of hills rendered and continuous progress
of the work an ftae Project ural completion. If City fail to make urgxxtested payrrielt dine
Archiled for services and out-of-pocket expenses within sixty(60)days afliler Atchi9 's stMem�
Owed is submitted to City,Arcisriteect may,after giving severs days'aern0an noboe b City,suspend
services under this Agreement until Anlutet has been paid in fid ay anxxinits due for s
actually perkirmed and r nbrars�expenses irk. In the event of a disputed or contested
bring, only that portion so contested mil be seri ftid from paymient, and the undisputed portion
will be paid within such sid y(60)day period. The City will ewe re #er>tess in
arty bill or portion thiered. No interest wN accrue on any conl portion of the billing until
mutually resolved. In the event of suspension of services, f#ae Arclaatect shall ham no liability to
City for decays or damages caused the City Muse of such suspension of services.
SECTION VI-PROCEDURES FOR PROVIDING ARCH TECTURAI_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 proms with the services.
6.12 The Architect shall visit the site and make itself familiar with the scope of the Project.
6.1.3 The ArdVact shall estimate the fees and c onsbitction cost for the Project.
6.1.4 Upon approval of the estimated costs, the Architect shall perform al 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 shalt 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 altemative flow 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 Intemet.
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.
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
Annual Architectural Services Agreement,(November 2017) Page 3 of 10
shall nxxVy ft kgs and dons as.fit to stay within the Clotstruction Budget,
In the evert the City abandons the project the City may lemwialle this Agreement and the
Ardulied shat be entad to compensation as set tit in Sermon IX hereof
6.3 Construction Services:
6.3.1 The Architect shall assist the City,upon request,in approving submittals,observiiM construction
procedures and results,reviewing res and costs aissoaialed with proposed change orders,
and resolving construction problems.Never;nei?c w the Professional activities of ft Design
Professional,nor the presence of the Design Prolessonat or its empiayees and subconsuiltarits at
a construction sale,shah relieve eve the General Contractor and arry other entity of its otilligabons,
duties and responsibilities irtcliudi!ng,but not l mftd to,construction mans,n°eethods,fie,
tedhniques or procedures necessary for per+ibri hint,supenntendintg or coordiraa*V all portions of
the Work of construction in accordance wlh the contract documents and any health or safety
precautions required by any regulatory agencies. The Design Professional and its personnel have
no audeo*to exercise any conA over any construction contractor or other entity or their
empbyees in connection with their work or any health or sa *precautions. The City agrees that
the General Contractor is solely responsible for jobsile 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 tteem 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),Contracts marked up field drawings and the Architects 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.
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.
Annual Architectural Services Agreement,(November 2017) Page 4 of 10
7.7 Examine ail sttWiie,semy , reports, sde ,,Z, drawings.s;peci ications, and dtw documents
m,�
preser4ed by!'1W3 hiled,obtain advice o an�. , counselor and ofy a suil►i,ants as
it deems� for such exam and render in deo sms peataning po, wit huh
a reasonable time so as not ID delay the senrioes of Architect.
7.8 Prepare ea ruts and r at awayacquisition owrveyance documents, from descripbori
provided by Architect, intact mss, negotiate for or condemn aM easements and right-f-tray,
pay al foxy and legal fees associated therew .
7.9 Provide such legal, accounting, xmizance and oto counseling services to City as my be
requilred for the Pmject.
7.10 Pay a%pennk and review fees.
7.11 Distriute b d documents and addenda to plan houses,contractors and suppers.
7.12 Coliect and administer plan deposits.
7.13 Bear all costs arc*dental to compliance with this Section.
SECTION Vill -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.
SECTION IX—TERM AND TERMINATION
Annual Architectural Services Agreement,(November 2011) Page 5 of 10
9.1 This Agreement shall commence an the date of its execution by both parties and na aain in ef3�
for fere (5) years or until the expenditure of $1,5W,000.00 (the *Contract Lis'), wtad+rehrer
overs first;.. Provided however, the tern and/or Contract Liras may be extended by an execulled
wTben amnendnhen't auffmcized by ft parties.
92 The Anent may be terminated prior to its expiration asfollows:
92.1 The City may ftonirtabe fhis Agreement at any tine for convenience, non appropriation of funds,
or for any cause by notice m wnlGmg to the Architect. Upon nbce#A of sake notice, the Ar ea
slam immediatlely dacontirri a al services and work and the plaaaitV of all orders or the enwiing
into Contracts For supplies,awe,ftcftes and rrhaWk-As in ioah Witte flee perfonmancCe
of this Agreement and stW proceed to calnoei pnxnptly all existing contracts insofar as are
chargeable to this Agreement.
9.2.2 Either City or the Archilect may teriTiinate this Agreement for cause if ewer party fails
substantially to perform through no fain of the other and does not corns umm 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 Ow 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 halving 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 pry 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 Gable 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
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.
Annual Architectural Services Agreement,(November 2017) Page 6 of 10
ID.5 Wtl #knilting ft abm iirodermr*p n in this Secbon, Archiled shall maiintaiin the
coverage with carriers acceptable to Cly, such trtst trance to be in at feast ft
folowing anxxxts:
Corms Gmxal L.iabilily $1,000,000 Per Occurrence
$2,000,000 Aggregate
Workers Compemation
Coverage A,Slah"lirnits
Coverage B:Employesrs Liabit4ty
$100,000 Each Accident
$500,000 Disease-Policy
$100,000 Disease-Each Employee
Business Autormobile
ComlAroation Single limits $1,000,000 Each Accident
Professional Uab ty 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 "Cit)/' shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
10.6.2 Architect shall fumish 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 polities. Notice shall be sent
to the Director, Property Management Department,401 West 131h 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
the City. Architect makes no representations or warranties regarding, and will not have any
Annual Architectural Services Agreement,(November 2017) Page 7 of 10
fiability for damages or maims rebrted W. ttne insurance or hots of insurance coverage of any
persons other&.a n AnlWect.
10.6.8 limine rs for all pokes nit be adwrized to do tuesi vs s in to state of Texas or be ol:hen vise
appoved by lhe City; and, such insurers slow be acceplabile to the City in kxTm of
sbeno and .
10.6.9 Deductible lim s„or self- retutons,affecting kmuranoe required two may be acceptable to
tine Cly at is sole discretion;and,in lieu of daditloraal inswanoe,any akernailire coverage maintained
fhnough insurance pools or risk retention groups must be also approved. Decimated friancial
resources or lehers of amt may also be able to the City.
10.6.10 The City shall be entitled, upon its request and without meg exferase, to review the Ancflec:t's
evairarm policies i duding endorsements Preto and,at the City's motion,the Arichilect may be
r:"red In provide proof of insurance premium payments.
10.6.11 AM insurance,except for the Professional Liability insurance pabLy, st;adi be wren an an owe
basis.Archilieds liability shall not be limited to the specified amounts of it suranoe required herein.
10.6.12 The Professional Liability Pokey shall be written on a "claims made"and shM be in effect For the
duration of this Agreement and for a period of tern years following time.issuance of the Certificate of
Substantial Completion by the Architect. The City shaf9 be provided a current Certificate of
Insurance annually, and be notified at least 30 days prior to carnceilation or substantial change in
coverage.
10.6.13 The City shall require its General Contractor to include the Architect as an additional inswed on its
general liability insurance.
SECTION XI -INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
11.1 City acknowledges Architect will perform part of the worts 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 daims 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
conduct audits in compliance with jhe provisions of this article. City shall give subconsultant
reasonable advance notice of intended audits.
Annual Architectural Services Agreement,(November 2017) Page 8 of 10
12.3 Arm and contracled cormultants agree to 0holocopy such docurm is as may be requested
by the City. The Cdy arms to reimburse AmtAect and axtacted consultarits for the of
copies at Ilse ral3e pAllished in the Texas Admin strative Code.
SECTION Xgt-SUCCESSORS AND ASSIGNS
13.1 The City and the Architect each bind themselves, heir successors and assigns.to the other party
to this Agreement and to the successors and alssgns of each odw party in resect to aM
covenants of this Agreement.
SECTION XIV-ASSIGNMENT
14.1 Neither party hereto shad assign, sublet or transfer its interest herein without prior Written consent
of the other party, and aray attempted assignment, sublease or tial of all or any part hereof
without such prior written consent shalt be void.
SECTION XV-INDEPENDENT ARCHITECT
15.1 Architect shad perkwm 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 ads 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 dourine 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
17,1 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or
the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement shall be construed in accordance with the laws of the State of Texas.
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.
17.4 This Agreement shall be signed and executed in triplicate copies, each of which is deemed an
original.
Annual Architectural Services Agreement,(November 2017) Page 9 of 10
17.E House Bill 89 - Cartaclor�', IfilW in accordance oft Ctopiler 2270 of Me Teuas
GowertIrner t Cede,the Cif.Isilk ato a voitradt tffwb a amr4mV for goods or
serAces unless coftact liras a vmften imitation frcmn the mirgm,7 beat it(1)does not
boycoff Israel; and(2)*A not baloW Israel durkq ft Ismi ref the WrArad. Th.e.1 '"
Israel"and -cwqmy ill have ft meanings 2s�to Mose temr.in Secoon i? .0M of the
Texas C'rcawtament Code. Bll sokV&4s axiltiact,Contiacbr certdies Out ConbacWs somiture
provides wrMen verification to the Cly biat Contrackir(1)does not balicat Israe,; and(2)vA not
bojcott Israel dig the dletm of Ow conVad.
17.6 in>trtalgration NatiorfaW Act - City a ctr* + supports the Im"rabon & NationaWly Act (INA)
which kmkides provisions adtikessing ff- at- fib*", en4*4nwd veriftabon. and
.Vendor shall o f!tae Wentilly and erripilayinent eligi tily of all aq*rjees*ft
pedom work under this Ate.Vendor shall complielle the Emlp4pmenit Uglifty Vefficalm
Fom (9-+9), maintain OwWoopies of afl s orting *ypTmt ebgtW and Iden lity
docuinentation for all a mpbyees. and upon request provide City wft copies of ark "farms and
supporting eligUity documenbdion for eat eimpbyee who pew imt under Mis Agreement.
Vendor shall estaWsh appropdatie pmol dares and cor&ols so what no sem wil be performed
by any employee who is not legailly ekg bte to pedbrm su& services. Veer shail provide City
wth a certification letter ttot it has comphed w4b the verification requivernei is requked by this
Agreement, Vendor shall indemnify City from any penalties or liabilities due to violaters of If is
pray". City shall have the right to immediately tern mate this Agreement for miations of this
provision by Vendor
AGREED TO AND EXECUTED BY:
FREESE AND NICHOLS, INC. CITY OF FORT WORTH:
,�� 2
By: qVQ y: /l1 i
J Dewar, P.E. 6ate J�f Jesus J. Chapa Date
Vi&President ,�i Assistant City Manager
AP VAL RECOMMENDED: RECORDED: Of F0
B By:
ve ooke Mary J. Kayser ;'1
Director, Property Management Department City Secretary
.AS•bo 71
•
APPROVED AS TO FORM AND LEGALITY: Date Executed: /18
BY:jh?n� B.
Authorization: MBC C-279621 2016
y (Nov.r )
. Strong
Assistant City Attrney
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract inclua&061"
dinng ensuring all performance and reporting requirements.
� r iC [/�
By: � L � _
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'Registr Article 249a.
OFFICIAL RECORD
Annual Architectural Services Agreement,(November 2017) CITY SECRETARY Page 10 of 10
FT.WORTH,TX
FOIST WORTH ATTACIMIEW-A"
ANNUAL ARCHITECTURAL SERVICES AGREEMENT
Freese and Nichols, Inc.
Delivery Order
This Annual Arshiliechirall Services Agreement kr professional services is govern by all berms and
cmddiom of the Contract referenced below wh ch is hereby Wiled by reference.
Sponsoring(Clien"Department: Dept.
Cry's Contract No.: City Secretary Conte No.485
Delivery Order No.: FN2017-
Project Name:
Professional Services Finn: Freese and Nichols, Inc.
Date of Contract:
Delivery Order Date: January 12, 2017
City's Project Architect or Manager:
Summary and Description of Statement of Work attached hereto:
Scope of Work and fee proposal per Freese and Nichols, Inc. letter dated subod:
(attached).
Fund/Account/Center No.:
Design Fees: $ (Design Phase or Construction Admin)
Reimbursable Expenses: Not-to-Exceed$ ____
Notice-to-Proceed Date for this Delivery Order:
Completion Date for this Delivery Order:
Property Management Department Freese and Nichols, Inc.
Architectural Services
By: By:
Brian R. Glass,AIA John Dewar, P.E., S.E.
Architectural Services Manager Vice President
Date: Date:
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:
Brian R. Glass, AIA,Architectural Services Manager
Copy: Sponsoring Dept. t )
MNVBE Office( )
Architectural Services Project Architect or Manager( )
Architectural Services Admin (Vicki McDonald)
Architectural Services Manager(Brian R. Glass)
Property Management Department,November 2016
Freese and Nichols,Inc.
ATTACHMENT B
COMPENSATION
Position Min Max
Professional- 1 70 115
Professional-2 99 148
Professional-3 118 191
Professional-4 144 209
Professional-5 175 251
Professional-6 183 346
Construction Manager- 1 87 112
Construction Manager-2 102 157
Construction Manager-3 150 177
Construction Manager-4 157 231
CAD Technician/Designer- 1 61 108
CAD Technician/Designer-2 89 135
CAD Technician/Designer-3 118 174
Corporate Project Support-1 37 113
Corporate Project Support-2 69 135
Corporate Project Support-3 85 275
Intern/Coop 37 67
Rates for In-House Services
Technology Charge Bulk Printing and Reproduction
$8.50 per hour B&W Color
Small Format(per copy) $0.10 $0.25
Travel Large Format(per sq.ft.)
Standard IRS Rates Bond $0.25 $0.75
Glossy/Mylar $0.75 $1.25
Vinyl/Adhesive $1.50 $2.00
Mounting(per sq.ft.) $2.00
Binding(per binding) $0.25
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD
services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services,these
services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing
the same or similar services.
These ranges and rates will be adjusted annually.
332.8022017
ATTACHMENT"C"
VERIFICATION OF SIGNATURE AUTHORITY
FREESE&WHOLS.INC.
Consuftard hereby agrees to provide City with independent audit basic financial statements,but also
the fair presentation of the financial statements of individual hands.
Execution of this Signature Verification Form("Form )hereby cerbhes that the following individuals
and/or positions have the authority to legally bind Consultant and to execute any agreement,
amendment or change order on behalf of Consultant. Such binding authority has been granted by
proper order, resolution. ordinance or other authorization of Consultant. City is fully entitled to rely
on the warranty and representation set forth in this Form in entering into any agreement or
amendment with Consultant. Consultant vrrill submit an updated Form within ten (10)business days
if there are any changes to the signatory authority. City is entitled to rely on any current executed
Form until it receives a revised Form that has been properly executed by Consultant.
1. Name:
Position: We- Affstoc►f
Signa re
2. Name: �1►� lA �
Pos n: ��s c�t�C�27
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
C - 27982 C
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 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. 2016-122107
Freese and Nichols, Inc.
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 forms 10/10/2016
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.
PMD 2016-05
Annual architectural Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Payne,Jeff Frisco,TX United States X
New,John San Antonio,TX United States X
Nichols, Mike Fort Worth,TX United States X
Gooch,Tom Fort Worth,TX United States X
Coltharp,Brian Fort Worth,TX United States X
Pence,Bob Fort Worth,TX United States X
Herchert, Robert Fort Worth,TX United States X
Milrany,Cindy Fort Worth,TX United States X
Hatley,Tricia Oklahoma City,OK 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 correct.
sSUSANNE M.JOHNSON
NOMY 9twe of imm —
CoM bopM 03-0-ZI 0
MoHry O 12lfesti6r
S!gnat#alfauthorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said Kelly J. Shriver this the 10th day of October
20 16 ,to certify which,witness my hand and seal of office.
AU24-W- M 1k4VA- -7-\
Susanne M.Johnson Notary
Signature of officer admir44tering 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