HomeMy WebLinkAboutContract 34101STATE OF TEXAS
COUNTY OF TARRANT
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KNOW ALL BY THESE PRESENTS
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 Marc Ott, its duly authorized Assistant City Manager, and Elements of Architecture, Inc., hereinafter called
the "Architect", acting herein by and through Debbie Fulwiler, AIA, its duly authorized representative.
WITNESSETH
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 normaliy 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 buildings owned by the City of Fort Worth. Individual project assignments will generally
be under $150,000 in construction cost and require a multi-disciplinary design effort ("ProjecY'). Each
project assignment will be executed using Attachment A(Annual Architect/Engineer Deliverv Order�.
SECTION II- CHARACTER AND EXTENT OF ARCHITECT`S SERVICES
2.1
2.2
Architect shall consult with the City to clarify and define City's requirements relative to the Projects and
review available data.
Architect agrees to commit the personnel to each Project as necessary in order to complete the Project in an
expeditious manner.
23 The Architect shal] 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 additiona] 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.
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SECTION III - SPECIAL SERVICES OF ARCHIT'ECT
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 N.
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 II- CHARACT`ER AND EXTENT of ARCHTTECT'S SERVICES hereof shall not exceed
$250,000.00 (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 actual hourly rates plus an overhead factor and a
profit factor. Salary rates are contained in Attachment B below, which is made a part of this Agreement.
4.2.2 Overhead factors:
4.2.2.1 The labor multiplier is the product of the direct overhead factor and the profit factor and is 2.81.
4.2.22 Labor multiplier rates for subconsultants shall be 1,1 or less.
4.2.3 The actual hourly rate of an employee is to be established by the employee's yearly compensation in effect
at the time of the invoice divided by the number of hours worked.
4.2.4 Out of pocket Expenses that are incurred during the progress of the work will be reimbursed at Architect's
cost plus 5%. T`he 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.
4.2.5 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 reimbursables.
4.2.6 Salary schedules and overhead rates are included in Attachment B(Basis for Professional Fees and
Char es , attached hereto and made a part of this Agreement
4.2.7 Invoice Format:
4.2.7.1 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.
4.2.7.2 Description and costs of reimbursables 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.
4.2.7.3 Architect shall be reimbursed for work actually performed by contracted consultants at a multiple of 1.1
times the actual cost of such services. Documentation is to be provided with invoice. 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.
4.2.7.4 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.
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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.
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 reimbursables incuned.
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 ARCHITECTLTRAL SERVICES
6.1
6.1.1
6.1.2
6.1.3
Design Phase, as necessary, as determined by the City for each Project:
City shall notify the Architect when it is appropriate to proceed with the services.
The Architect shall visit the site and make itself familiar with the scope of the Project.
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.
T'he 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 Bamers 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
6.1.8
6.1.9
The Architect shall include procedures for mitigating environmental impact, use of recycled building
materials, and sustainable construction, in the design of the project.
The Architect shall submit an estimate of probable construction cost and scope for review and
acknowledgement in writing by the at completion of the Construction Documents
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 Bidding:
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6.2.1
6.2.2
The Architect shall respond to Contractors' inquiries, prepare necessary addenda and conduct the Prebid
Conference.
Following bidding the Architect shall investigate the qualifications of the apparent low bidder 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, ar(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, if commercially reasonable given
applicable laws; provided that Architect may submit a proposal for additional fees for such modifications
pursuant to Section 2.5. 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, constn.2ction means, methods, sequence, t�chniques 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
6.3.3
6.3.4
6.4
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.
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.
The Architect shall prepare "Record Drawings" on mylar medium based on inspection notes, Contractor's
marked up field drawings and the Architect's observations.
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
6.5
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.
Other Professional Services: Architect shall assist the City on other Project assignments as requested.
SECTION VII - CITY RESPONSIBILITIES
7.1
7.2
7.3
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.
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.
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.
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7.4
7.5
7.6
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.
Review all reports, recommendations and other documents and provide written decisions pertaining thereto
within a reasonable time.
Upon reasonable notice provide labor and safety equipment to expose structura] elements and temporarily
repair same, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7.7 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
7.9
7.10
7.11
7.12
7.13
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.
Provide such legal, accounting, insurance and other counseling services to City as may be required for the
Proj ect.
Pay all permit ana review fees.
Distribute bid documents and addenda to plan houses, contractors and suppliers.
Collect and administer plan deposits.
Bear all costs incident to compliance with this Section.
SECTION VIII - OBSERVE & COMPLY
8.1 Architect shall prepare `Blimination 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 arders, 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 T'he 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 detem►ine 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
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Architect shall prepare remedial designs and reimburse the City for the cost of the original construction and
the removal of the affected features.
82.4 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 & TERMINATION
9.1 This Agreement shall commence on the date of its execution by both parties and remain in effect for three
(3) years or until the expenditure of $250,000.00 (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 or for any cause by notice in wnting 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 thereafier.
9.2.3
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
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.
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10.3 The Architect shall defend, indemnify and hold harmless, the City and all its officers, agents, servants and
employees from any loss, damage, liability or expenses, on account of (i) damage to a third party's
property and (ii) injuries, including death, to all third parties, which may arise out of (i) any negligent act,
error or omission in the performance of the ArchitecYs professional services or in the preparation of
designs, working drawings, specifications and other documents by Architect or (ii) a violation of an order,
law, ordinance, or regulation applicable to Architect pursuant to Section 8.1.1 above. For purposes of this
Agreement, third parties include but are not limited to officers, agents, or employees of the Architect or
subconsultant, and all other persons performing any part of the work and improvements.
10.4 Notwithstanding anything herein to the contrary, no indemnification provision in this Agreement shall 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 directly or indirectly by (i) defects or deficiencies in design criteria and
information provided to Architect by City; (ii) any deviation in construction from Architect's designs,
working drawings, specifications or other documents; (iii) any act or omission of the City, its employees
or agents.
10.5 Without limiting the above indemnity, Architect shall maintain the following insurance coverage with
carriers acceptable to City, such insurance to be in at least the following amounts:
10.6
Commercial General Liability
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
Business Automobile
Combination Single limits
Professional Liability Insurance
(Errors and Omissions)
General Insurance Requirements
$1,000,000 Per Occurrence
$2,000,000 Aggregate
$100,000 Each Accident
$500,000 Disease - Policy limit
$100,000 Disease - Each Employee
$1,000,000 Each Accident
$1,000,000 Per Claim
$1,000,000 Aggregate
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 aze 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 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 Facilities Manager,
Transportation and Public Warks Department, 1000 Ttu-ockmorton, Fort Worth, TX 76102.
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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 insuranee 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 wananties 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 altemative 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 incumng 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 cunent Certificate of Insurance annually, and
be notified at least 30 days prior to cancellation or substantial change in coverage.
10.6.13 T'he 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
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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, unti] 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.
12.3 Architect and contracted consultants agree to photocopy such documents as may 6e 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 Architeci 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 XN - 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 perforrning 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 - M/WBE GOALS
16.1 In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal of
20% established for this Agreement and its commitment to meet that goal. Analysis of whether such
M/WBE goal is met will be measured on an aggregate basis for the entire term of the Agreement; the
M/WBE 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
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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.
173 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.
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., 2006.
ELEMENTS QF AR HITECTCTRE, INC.
By: �, �� `
Debbie Fulwiler, AIA
President
APPROVAL RECOMI��NDED:
By: /� (
Rob�od D rector
��
Transportation & Public Works Department
APPROVED AS .'�`� FORM
�
Amy J. Ramsf
Assistant City
APPROVED:
By: i� C�•.�-� T" �'L
Marc Ott �
Assistant City Manager
RECORDED:
By
Marty Hendrix
City Secretary
Date: ( �/�"I �./'�'
Authorization: ! I'� � 1 /���C��G'
The Texas Board of Architectural Examiners, 8213 Shoa] Creek Boulevard, Suite ]07, Austin, Texas, 78758, telephone (512) 305-900Q has
jurisdicUon over individuals licensed under the Architects' Registration Law, Texas Civil Statures, Article 249a.
Page 10
Revised 10/4/06
Annual Architectural Agreement: Elements of Architecture, Inc.
���9�1�;,� ���e���
��IU ����L4ilbSY
�. iT1���Of�� I�A.
�ORT WORTH
ANNUAL ARCHITECT/ENGINEER DELIVERY ORDER
This Annual ArchitecUEngineer Agreement for professional services is governed by all terms and
conditions of the Contract referenced below which is hereby incorporated by reference.
Sponsor (Client) Department:
City's Contract No.:
Delivery Order No.:
Project Name:
Professional Services Firm:
Date of Contract:
Delivery Order Date:
City's Project Architect:
Dept
City Secretary Contract No.
06-
Elements of Architecture, Inc.
Summary and Description of Statement of Work attached hereto:
Scope of Work and fee proposal per Elements of Architecture, Inc. letter dated
subject: (attached).
Fund/Account/Center Nos.:
Design Fees: $
Reimbursables: Not-to-Exceed Estimated �_
Notice-to-Proceed Date for this Delivery Order: _
Completion Date for this Delivery Order:
TRANSPORTATION & PUBLIC WORKS DEPT
ARCHITECTURAL SERVICES DIVISION
By:
Dalton Murayama, AIA
Architectural Services Manager
Date:
CC: Sponsoring Dept ( )
Project Architect ( )
M/WBE ( )
TPW Admin (Christy Ezemack)
TPW Project File (Shelia Hawkins)
July 2006
ELEMENTS OF ARCHITECTURE, INC.
By: Elements of Architecture letter,
2006(attached)
1�'ll ��11�G;ti� ��uS��1��1
�IY� J�������'
�% �����b, ���.
ATTACHMENT B
ANNUAL A/E AGREEMENT BETWEEN CITY OF FORT WORTH
AND ELEMENTS OF ARCHITECTURE, INC.
BASIS FOR PROFESSIONAL FEES AND CHARGES
JULY 2006
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 cunent year multiplier is
2.81. The general ranges of raw salary costs per hour for the various employees are as
follows:
Senior Officer, Principal $49.82 to $58.71
Project Architect/Engineer, Officer $39.14 to $49.82
Architect/Engineer $31.31 to $39.14
Designer $24.91 to $32.02
CADD Technician $20.64 to $26.69
Project Support: Includes Clerical, Computer Systems,
Document Control, and Accounting Support $14.23 to $30.24
REIMBURSABLE EXPENSES WILL BE INVOICED AS FOLLOWS:
In-House Blue Prints
In-House Photocopies
Outside Services
:• �
Black $ White (8-1/2" X 11")
Black & White (11" X 17")
Color (8-1 /2" X 11 ")
Color (11" X 17")
$0.55 Per SF
$0.10 Per Page
$0.20 Per Page
$0.50 Per Page
$1.00 Per Page
Actual Cost + 10%
Mileage (As authorized to City staffl $0.445 Per Mile
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID K DATE(MM/DDlYYYY)
ELEME-1 09/08 06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wortham Insurance & Risk Mgt HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth TX 76102-2505
Phone: 817-336-3030 Fax: 817-336-8257 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A
Transportation Insurance Co
INSURER B: ASSOC13t10I1 Casualty
Elements of Architecture, Inc. iNsuReRc: Continental Casualty
Attn• Debbie E'ulwiler
500 West 7th St Ste 502 INSURERD:
Fort Worth TX 76102
INSURER E:
COVERAGES
i rit r�uc;itS oF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REpUIREMENT, TERM OR CONDITION OF ANY CONTR,4CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
GENERAL LIABILITY
A X X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X❑ OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
AUTOMOBILE LIABILITY
A ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIREDAUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
� ANY AUTO
EXCESS/UMBRELLA LIABILITY
] OCCUR � CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
B EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
C � Professional Liab
POLICY NUMBER
2067159252
2067159252
WCA902726906
SFA254044259
i2/is/os� i2/ie/o6
LIMITS
EACH OCCURRENCE $ �. � OOO � OOO
PREMISES Eaoxurence $ ZOO � OOO
MED EXP (My one person) $ 1 �� � Q Q
PERSONAL 8 ADV INJURY s Included
GENERALAGGREGATE $ 2 � OOO � OOO
PRODUCTS - COMP/OP AGG $ 2, O O O, O O O
COMBINED SINGLE LIMIT
12/18/05 12/18/06 (Eaaccident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: qGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
09/09/06 09/09/07 E.L. EACHACCIDENT $ 1� �QQ � QQQ
E.L. DISEASE-EAEMPLOYEE $ 1� OOO � OOO
E.L. DISEASE - POLICY LIMIT $ 1, OOO , OOO
12/19/05� 12/19/06
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVI510NS
Certificate holder is named as an additional insured of the general
liability coverage.
�ERTIFICATE HOLDER
CITYOFF
City of Fort Worth
1000 Throckmorton
Fort Worth TX 76102
�coRD 25 (2001/08)
Limit 1,000,000
Ded 1,000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFf, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTA7IVES.
O ACORD CORPORATION 1988
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/12/2006
DATE: Tuesday, September 12, 2006
LOG NAME: 20ELEMENTSAE REFERENCE NO.: **C-21667
SUBJECT:
Authorize Execution of an Annual Architectural Design Contract with Elements of Architecture, Inc.,
for Small Multi-Disciplinary Projects on an As-Needed Basis
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Annual Architectural
Design Contract with Elements of Architecture, Inc., for a total fee not-to-exceed $250,000 over the three-
y�ar period of the �greement.
DISCUSSION:
On August 7, 2003, (M&C-19687) the City Council authorized the City Manager to execute an agreement
with Huitt-Zollars, Inc., for annual architectural design services for a three-year term. The agreement
expired August 22, 2006.
The City of Fort Worth requires architectural assistance for small multi-disciplinary projects on an as-
needed-basis. A Request for Statement of Qualification was advertised in February 2006 and eleven firms
responded. The selection panel shortlisted and interviewed three firms, and recommended Elements of
Architecture, Inc., as the best qualified firm.
Elements of Architecture, Inc., will assist City staff in the design of small renovation and expansion projects
that require the assistance of civil, landscaping, structural, mechanical and electrical consultants in
preparing project and construction documents. The architectural firm will also assist 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.
Elements of Architecture, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23%
M/WBE participation. The City's goal on this agreement is 20%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the operating budgets and current capital budgets,
as appropriated, of various funds. All expenditures against this contract will be reviewed for availability of
funds prior to release on a project-by-project basis.
Logname: SSSPINKS RAMP Page 1 of 2
TO Fund/AccountlCenters
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc Ott (8476)
Robert Goode (7804)
Dalton Murayama (8088)
Logname: SSSPINKS RAMP Page 2 of 2