HomeMy WebLinkAboutContract 57693 CSC No. 57693
CITY OF FORT WORTH, TEXAS
ANNUAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is between the City of Fort Worth, Texas, a Texas municipal corporation
("City"), acting by and through its duly authorized Assistant
City Manager, Mayse &Associates, Inc., authorized to do business in Texas.
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 not exceed $100,000.00 and may 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 11 -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 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
CITY SECRETARY
FT. WORTH, TX
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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 II - 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 actual hourly rates plus an overhead factor
and a profit factor.
4.2.2 Overhead factors:
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 total work hours in a year based on a salaried
employee.
4.2.4 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 forth is 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 reimbursable
expenses.
4.2.6 Invoice Format:
4.2.6.1 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.
4.2.6.2 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.
4.2.6.3 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.
4.2.6.4 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, Property
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Management 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.
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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.
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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.
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 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.
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.8.2.5 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.
8.2.5 No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, 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 Agreement, Contractor
certifies that Contractor's signature provides written verification to City that Contractor: (1) does
not boycott Israel; and (2)will not boycott Israel during the term of the Agreement.
8.2.6 Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with
Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, §
2), the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms "boycott energy company" and "company"
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor
certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
8.2.7 Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges
that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid wholly or partly from
public funds of the City, with a company (with 10 or more full-time employees) unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
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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
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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 13t"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
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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
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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 —BUSINESS EQUITY FIRM UTILIZATION REQUIREMENTS
The City of Fort Worth implemented the Business Equity Ordinance to reflect the City's availability and
disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and
equitable participation of Business Equity Firms in the procurement of services $100,000.00 or more.
The Business Equity goal is 13%.
The information shall be submitted with the proposal and shall include:
■ The company name, address, point of contact, email address, office and fax telephone
numbers of the Business Equity firms;
■ A detailed description of the work to be performed or supplied by each Business Equity firm;
■ The sub-contract value or percentage of work for each Business Equity firm;
■ State the Business Equity percentage level of commitment achieved; and
■ Provide the same identification information for all non-Business Equity firms
It is important to note that only certified Business Equity firms that perform a commercially useful function
may count towards the 13% Business Equity goal. The firms must be located in the City's six (6) county
geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and
Wise.
Annual Architectural Services Agreement, (March 2022) Page 10 of 12
A certified Business Equity Proposer, located within the City's marketplace, can count its self-performance
services towards meeting the Business Equity Goal for the assigned NAICS commodity codes on their
Minority Business Enterprise or Women Business Enterprise certification. If the Business Equity Proposer
cannot self-perform all of the work, it will be accountable for subcontracting with certified Business Equity
Firms to meet the overall goal.
Proposers must obtain a request for listing of certified firms from the City of Fort Worth's Business Equity
Division; email DVIN BEofficea-fortworthtexas.gov. This will ensure that Proposers are acknowledging
Business Equity Firms currently certified by the North Central Texas Regional Certification Agency
(NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) or the Women's
Business Council Southwest (WBCS) at the time proposals are submitted, in order for the participation to
be counted towards the established goal.
If a Proposer, forms a joint venture with one or more Business Equity firms, the Business Equity joint
venture percentage participation will be counted towards the established goal. The appropriate Business
Equity Joint Venture Firm must be submitted for review and approval in order for it to be counted.
If Proposer failed to meet the stated Business Equity Goal, in part or in whole, then a detailed explanation
must be submitted to demonstrate the Good Faith Efforts made to secure Business Equity participation.
Failure to submit the Business Equity participation information or the detailed explanation of the
proposer's Good Faith Efforts to meet or exceed the stated Business Equity Goal, may render the
proposal non-responsive.
The Business Equity commitment will be part of the final weighted selection criteria.
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, (March 2022) Page 11 of 12
This Agreement is made effective as of the date signed by the Assistant City Manager below.
FORT WORTH
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
bay gty4d� administration of this contract, including
By: DanaBurghdof ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Jun 15,2022
By: 41�-Alvl—
Approval Recommended: Name: Brian Glass
Title: City Architect
r Approved as to Form and Legality:
By. Steve obke(Jun 9,202217:00 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept.
By: 23
Attest: Name: John B. Strong
Title: Assistant City Attorney
��� Contract Authorization:
By. J etteS.Goodall(Jun 16,202214 C M&C: 22-0222
Name: Jannette Goodall �44�a�
Title: City Secretary a�FORr
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By: David Goldston(Ju ,202207:16 CDT)
Name:David Goldston
Title: VP-Marketing/Shareholder
Date: Jun 6,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Annual Architectural Services Agreement, (March 2022) Page 12 of 12
FORTWORTH
Attachment "A"
ANNUAL ARCHITECTURAL SERVICES AGREEMENT
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.: 2021-
Project Name:
Professional Services Firm: Architectural Firm's Name
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 Quorum Architects, Inc. letter dated
subject: (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 Architectural Firm's Name.
Architectural Services
By: By:
Brian R. Glass, AIA Name
City Architect Title
Date: Date:
Copy: Sponsoring Dept. ( )
Department of Business and Inclusion ( )
Architectural Services Project Architect or Manager( )
Architectural Services Admin (Vicki McDonald)
City Architect (Brian R. Glass)
Property Management Department, March 2022
Architectural Firm's Name
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FO_ TTWWO
RTH
Create New From This M&C
REFERENCE **M&C 22- 212022 ANNUAL
DATE: 3/29/2022 NO.: 0222 LOG NAME: ARCHITECTURAL SERVICE
AGREEMENTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (All) Authorize Execution of Annual Architectural Services Agreements with Bennett
Partners, Elements of Architecture, Franz Architects, Grace Hebert Architects, GSBS
Architects, Hahnfeld Hoffer Stanford, KAI, Komatsu, LBL Architects, Mayse &Associates,
Oxley Williams Tharp, Parkhill Smith & Cooper, Quorum Architects, and RPGA Design
Group 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
RECOMMENDATION:
It is recommended that the City Council authorize the execution of annual architectural services
agreements with Bennett Partners, Elements of Architecture, Franz Architects, Grace Hebert
Architects, GSBS Architects, Hahnfeld Hoffer Stanford, KAI, Komatsu, LBL Architects, Mayse &
Associates, Oxley Williams Tharp, Parkhill Smith & Cooper, Quorum Architects, and RPGA Design
Group 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 (City) requires architectural assistance for small multi-disciplinary projects on
an as-needed-basis. The City's current annual Architectural Service Agreements (Mayor and Council
Communication C-27982, November 1, 2016) expired in December 2021.
A Request for Statement of Qualifications (RFQ) was advertised in the Fort Worth Star-Telegram on
August 26, 2021, and September 2, 2021. Eighteen firms responded. A selection panel comprised of
members of the Property Management, Public Events, and Diversity and Inclusion Departments
reviewed these submissions and found that fourteen of these firms meet the City's requirements.
These firms are: Bennett Partners, Elements of Architecture, Franz Architects, Grace Hebert
Architects, GSBS Architects, Hahnfeld Hoffer Stanford, KAI, Komatsu, LBL Architects, Mayse &
Associates, Oxley Williams Tharp, Parkhill Smith & Cooper, Quorum Architects, RPGA Design
Group.
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.
Staff recomends the execution of annual architectural services agreements with the selected
architectural firms to be readily available for small projects as the need arises.
Business Diversity - Each of the fourteen firms is in compliance with the City's Business Diversity
Enterprise Ordinance by committing to meet or exceed the City's 13 percent participation goal.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29776&councildate=3/29/2022 3/28/2022
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating and capital budgets,
as previously appropriated, in the participating departments' funds to support the approval of the
above recommendation and execution of the agreements. Prior to an expenditure being incurred, the
participating departments have the responsibility to validate the availability of funds
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29776&councildate=3/29/2022 3/28/2022