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HomeMy WebLinkAbout024941 - Construction-Related - Contract - Nader Design GroupCITY SECRETARY !L CONTRACT NO. 7 q STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by and through its duly authorized Assistant City Manager, and Nader Design Group, hereinafter called the "Architect" for the purpose of providing architectural design services for renovation of the 6`h and 7'h floors of the City Hall Annex. 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 normally accepted in the State of Texas, professional services in connection with the following general scope of work: Prepare detailed plans with material specifications necessary for in-house construction for the renovation of the 6`h and 7`h floors of the City Hall Annex. The 6`'' floor will include common areas (elevator lobby, restrooms and lounge), mechanical system, and user space for Human Resources Training Division. The 7`'' floor will include common areas and mechanical system. SECTION II PERSONNEL 2.1 The following personnel will be assigned to this Project: 2.2 City of Fort Worth 2.2.1 Project Manager: Bob Wood, RA 2.3 Architect 2.3.1 Principal in Charge: James Nader, AIA 2.3.2 Architect of Record: James Nader, AIA 2.3.3 Project Architect: James Nader, AIA 2.4 Neither party may change key personnel without agreement by the other party. SECTION III CHARACTER OF ARCHITECT'S SERVICES 3.1 Architect shall consult with the City to clarify and define City's requirements relative to the assignments and review available data. 3.2 Architect agrees to commit the personnel to each assignment as necessary in order to complete the assignment in an expeditious manner. 3.3 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 Assignment 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. 3.4 Perform services as outlined in letter dated April 20, 1999, which is attached to and made a part of this Agreement. SECTION IV SPECIAL SERVICES OF ARCHITECT [jeA ©O I Page 1 of 9 C6TY 5EC-Uul5WNU u 04/21/99 u u 4.1 If authorized in writing by City, Architect shall furnish or obtain from others Special Services necessary to complete the assignments. These services are not included as part of the Basic Services outlined in SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal. These Special Services will be paid for by City as indicated in Section V. SECTION V COMPENSATION TO ARCHITECT 5.1 The total compensation for all of the assignments to be performed by Architect as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $14,800. 5.2 Architect shall not be paid more than the following amounts based upon the stage of design: 5.2.1 Completion of Schematic Design Phase 20% 5.2.2 Completion of Construction documents 75% 5.2.3 Final completion of the Project by the City 100% 5.3 Schedule of Payment for reimbursable services, the following procedures will be in effect: 5.3.1 Architect shall be compensated for actual hours worked by and paid to the employees engaged in performing the Scope of Work at the actual hourly rates times the overhead factor and a profit factor. 5.3.2 Overhead factors: 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 costs. 5.3.3 The general overhead factor for this Agreement is based upon the Architect's records and is 2.73, the profit factor is 1.10. The total factor is the product of the two and is 3.0. 5.3.4 Factors for subconsultants shall be calculated in the same manner as for the Architect, and shall be limited to 3.0 and 1.1. 5.3.5 Hourly rates: The hourly rate of an employee is to be established by the employee's average hourly compensation in effect at the time of the invoice. A list of individuals and hourly rates shall be provided by the Architect with each pay request. 5.3.6 Out of Pocket Expenses: Out of Pocket Expenses that are incurred during the progress of the work will be reimbursed at Architect's cost. The actual out -pocket expenses include: air fare, automobile rental if required, mileage charges. parking, toils, taxi, meals, lodging, telephone, printing and reproduction costs. and other miscellaneous costs incurred specifically for this Project 5.4 The definition of allowable, non -allowable, reimbursable and directly chargeable costs are defined in Exhibits 3 (Cost Principles) and 4 (Overhead Classifications). 5.5 Liability insurance (Errors and omissions) Is to be considered a Company Overhead expense. The premium will be included in the general overhead multiplier. 5.6 Invoice Format: 5.7 For Cost reimbursable portions of the Agreement, the invoice shall reflect the status of each phase of design and shall contain the following documentation of services and costs: 5.7.1 Monthly invoices shall include a certified list containing the name of each employee engaged in the work, 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. 5.7.2 Description and costs of reimbursable expenses being billed shall be shown clearly on each invoice, accompanied by documentation substantiating each charge. Page 2 of 9 05/17/99 5.8 Architect shall be reimbursed for work actually performed by subconsultants at the actual cost of such services with no markup. Documentation is to be provided with invoice. Where the term "subconsultant" is used in this document, it is understood to refer to all subcontractors and other panties rendering services to the Architect under a written agreement for the execution of the Assignment. SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS 6.1 The Building Services Division will perform the role of the General Contractor and be responsible for construction costs. The Architect will assist the City of Fort Worth in evaluating alternative materials and methods so as to economize on costs. SECTION VII METHOD OF PAYMENT 7.1 The Architect shall be paid not more frequently than once per month on the basis of statements prepared from the books and records of account of the Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. 7.2 The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until completion. If City fails to make any agreed to payment due Architect for services and out-of-pocket expenses within sixty days after approval of Architect's statement thereof, 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 out-of-pocket expenses actually incurred. SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES 8 Design Phase: 8.1 City shall notify the Architect when it is appropriate to proceed with the services. 8.2 The Architect shall visit the site and make himself familiar with the scope of the assignment 8.3 Architect shall prepare the design in stages as follows: 8.3.1 Schematic Design: Preparation of alternative floor and site plans, architectural concepts and principal equipment and fmish plans. 8.3.2 Construction Documents: Preparation of details, mechanical, electrical, and plumbing plans, fmish schedules, and detailed specifications. 8.4 Architect shall prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. In the event that deficiencies are noted by the State, Architect shall provide design assistance to the City to resolve the deficiencies. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. 8.5 Upon written approval of the fmal design, the Architect shall make whatever fmal changes are necessary and submit the drawings and specifications to the City for use in construction. 8.6 Construction Services: 8.6.1 The Architect shall assist the City, upon request, in approving submittals, observing construction procedures and results, reviewing methods and costs, and resolving construction problems. 8.6.2 Architect shall attend periodic job site meetings 8.6.3 At the completion of construction, the Architect shall conduct and document the fmal inspection and assist the City on the resolution of construction or design deficiencies. Page 3 of 9 05/17/99 8.6.4 The Architect shall prepare "Record Drawings" on mylar medium based on inspection notes, Contractor's marked up field drawings and the Architect's observations. 8.7 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. SECTION IX CITY RESPONSIBILITIES 9.1 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 Assignment. 9.2 Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. 9.3 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. 9.4 Designate in writing qualified persons who will act as City's representatives with respect to the Assignment for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Architect's services. 9.5 Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. 9.6 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. 9.7 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other Architects as it 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. 9.8 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. 9.9 Provide such legal, accounting, insurance and other counseling services to City as may be required for the Assignment. 9.10 Pay for the printing of contract documents required for design submittals, presentations, bidding and construction contracts. 9.11 Pay for TDLR Barriers Elimination Act design review and inspection. 9.12 Pay all impact and utility fees and other fees not expressly assigned to the Architect. 9.13 Bear all costs incident to compliance with this Section. SECTION X TERMINATION 10.1 The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all services and work and the placing of all orders or the entering into Contracts for supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 10.2 If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation Page 4 of 9 05/17/99 prescribed in Sections V and VI hereof. Architect shall also be compensated for all termination related expenses such as meeting attendance, document reproduction, transfer of records, etc. 10.3 Upon early termination or conclusion of this Agreement, the Architect shall provide the City reproducible copies of all completed or partially completed engineering 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 project described in this Agreement. SECTION XI INDEMNITY AND INSURANCE 11.1 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. 11.2 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. 11.3 In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or employees of the Architect or Subcontractor, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Architect's professional services or in the preparation of designs, working drawings, specifications and other documents. 11.4 The Architect shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring the Architect to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information furnished Architect by City, or any deviation in construction from Architect's designs, working drawings, specifications or other documents. 11.5 Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence Employers Liability Insurance Bodily Injury $500,000 Each Accident $500,000 Policy Limit $500,000 Bodily Injury by Disease, each employee Workers Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident Page 5 of 9 05/17/99 $500,000 disease - policy limit $100,000 disease - each employee Business Automobile Combination Single limits $500,000 each accident Personal Injury $2,500 each person Uninsured $500,000 each accident Professional Liability Insurance (Errors and Omissions) $250,000 Policy limit 11.6 Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30 days prior written notice to City. The City reserves the right to revise insurance requirements specified in this agreement to the best interests of the City. 11.7 General Insurance Requirements 11.7.1 Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The teen City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 11.7.2 Certificate(s) of insurance shall document that insurance coverages specified are provided under applicable policies documented thereon. 11.7.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 11.7.4 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 Chief, Architectural Services Section, City of Fort Worth, 3409 Harley Avenue, Fort Worth, TX 76107. 11.7.5 The City shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of the Architects general overhead. 11.7.6 The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City. 11.7.7 Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 11.7.8 Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 11.7.9 The workman's compensation policy shall each be endorsed with a waiver of subrogation in favor of the City as respects the PROJECT. 11.7.10 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. Page 6 of 9 05/17/99 11.7.11 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 Architect's indirect overhead 11.7.12 All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City 11.7.13 Subconsultants to the Architect shall be required by the Architect to maintain the same or reasonably equivalent insurance coverage, except for Professional Liability Insurance, as required for the Architect. Architect shall provide City with documentation thereof on certificates of insurance. The Architect shall assure that Subconsultants provide acceptable and appropriate levels of Professional Liability coverage or that the Architect's coverage provides coverage for the work of the Subconsultant. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Architect of the Agreement. 11.7.14 The City shall require the General Contractor, if work is contracted out, to include the Architect as a Certificate Holder on it's required construction phase insurance. ARTICLE XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS 12.1 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 agrees in so far as permitted by law, to indemnify Architect from any and all losses, damages, claims, or actions brought by third party or employees of City against Architect or Architect's employees, agents, officers, or directors, in any way arising out of the presence of hazardous materials or conditions at City's facilities, except for claims shown by fmal judgment to arise out of the sole negligence of Architect. The City shall defend at its own expense any suits of other proceedings brought against the Architect and its officers, agents, servants, and employees or any of them on account thereof. Nothing herein shall be construed so as to require the City to levy or assess any tax. 12.2 In connection with hazardous waste, including petroleum products, City agrees to the maximum extent permitted by law to defend, hold harmless and indemnify -Architect from and against any and all claims and liabilities resulting from City's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be construed so as to require the City to levy or assess any tax. 12.3 The requirements contained in this Section shall not apply if the hazardous materials or conditions are introduced by the Architect. SECTION XIII RIGHT TO AUDIT 13.1 Architect agrees that the City shall, until the expiration of three (3) years after fmal 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. 13.2 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 fmal 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 Page 7 of 9 05/17/99 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. 13.3 Architect and Subconsultants agree to photo copy such project related documents as may be requested by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIV SUCCESSORS AND ASSIGNS 14.1 The City and the Architect each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XV ASSIGNMENT 15.1 Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVI INDEPENDENT ARCHITECT 16.1 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 Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of respondent superior has no application as between the City and the Architect. SECTION XVII M/WBE GOALS 17.1 Not applicable. SECTION XVIIIOBSERVE AND COMPLY 18.1 Architect shall at all times observe and comply with all Federal and State laws and regulations and with all City ordinances and regulations which in any way affect this agreement and the work hereunder, and shall observe and comply with all orders , laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. SECTION XIX VENUE 19.1 Venue of any suit or cause of action under this Agreement shall lie in Tarrant County, Texas. 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 ay of9t4-7lA.D., j9 9 By: ` APPROVED: Jamp Nader, AIA, resident Nader Design Group Page 8 of 9 05/17/99 By: Mike Gr omer APPROV OMME ED: By: ation d Public Works APPRO AS TO FORM AND LE ALITY: By: Wade A ins City Attorney Assistant City Manager RECORDS By: City Secretary Date: 7 Contract Author iza ion Date Page 9 of 9 05/17/99 4/20/99 CITY OF FORT WORTH OVERHEAD CLASSIFICATIONS DESCRIPTION DIRECT LABOR AND EXPENSE OM COST REIMBURSA BLE EXPENSE NOT ALLOWED Direct Salaries Engineers and other professionals, home office X Engineers and other professionals, field office X Hourly, full time field location X Principal'+A34s time within scope of project X Principal's administrative time X Indirect Salaries All classifications except below X Business development X Marketing and Sales X Special Request by Owner X Entertainment X Fringe Benefits X Other Costs Communications X Reproduction (In House and Vendor) X Office Supplies/Expense X Computers and Major Equipment X CADD Equipment and other specialized equipment• not included in depreciation costs X Home Office Facilities X Subcontracts for Engineering and Construction Services X Outside Legal and accounting services X Taxes Permits and Licenses except Income Tax X Income Tax X Engineering Equipment and Materials X Safety and First Aid Equipment X Business and Travel Expense (no charge for mileage within 50 miles of office.) X Project Related Training and Seminars X Other training X Recruiting and Advertising X Promotional materials for Recruiting X Vehicle expenses X Claims, Judgments & Losses, Fines, and Penalties Including litigation costs X Page 1 of 2 4/20/99 CITY OF FORT WORTH OVERHEAD CLASSIFICATIONS Insurance specifically required by contract and not carried as part of normal business X Insurance other X Entertainment X Contributions to local community service activities X Bad Debts X Interest Expenses - Business Related X Interest Expenses - Non Business Related X Contingency costs X Payments to former associates not to compete X !2Y Man Insurance X Extraordinary Expenses X Marketing and Sales Costs X Company Aircraft X Bid and Proposal costs X Research and development cost X Business and Economic Planning X Bonus Incentive Pay) X Bonus (Incentive Pay, Predefined amounts not related to profit distribution) X Overtime Payroll Rate (Unless allowed by contract) Expenses reimbursed by another entity X Costs of Idle Capacity or facilities X Losses on other contracts X Membership in civic & community organizations X Food and dormitory services X Legislative lobbying costs X Merger and acquisition costs X Goodwill X Costs incurred incidental to and necessary for performance of Consultants services with prior approval of Owner X Page 2 of 2 NADER DESIGN GROUP Ill I. RI I\TER It tI- TELEC\tM\II'\IC Ctlo�a I`I.ANNIN April 20, 1999 Mr. Mike Mathews City of Fort Worth Renovation 3409 Harley Fort Worth, TX 76107 Re: City Hall Annex — Floors 6 & 7 Dear Mike: We are writing in response to your request that we revise our proposed fee for the above project. We understand that the project will not be bid to outside general contractors, but that the project will be managed within the department using departmental forces. Approximately 10% of the required effort of the project is assigned to preparation of bid documents and the bid process itself. Therefore, we will revise our fee to $ 66 for the remainder necessary to describe the work, obtain permits and assist in interpretation during the construction phase. Please call if you have any questions. Respectfully submitted, e7o"'40 R. NadAh-' er, AIA JRN:mt I_il.l \I\11I \:I \I I..-.1III fl\RT\CC+RIll. II \\ ;II I`II1?vl. 'I; +t„ FA\:II-,I+IR-+:I; JAMES, N:\IlF RCaI�TEI:`ETAII.I 1:11\1 FOP*,TWOF,TH June 1, 1999 James Nader, AIA 1200 Summit Ave., Suite 420 Fort Worth, TX 76102 City Hall Annex Design of Improvements to 6 and 7`" Floor Dear James: I am routing the agreements for the design of the improvements to the 6'h and 7t° floors. This letter is attached to the agreements in order to emphasize the City's concern over the compliance with Codes and Regulations. The City will be requiring the Architect to stand behind his designs and professional guidance and assist the City in funding modifications to facilities that he designed which do not meet the Code and regulatory requirements. The following terms will be included in future agreements and reflect the rights the City already has under the agreement presently being circulated. 3.6 Conformance with Accessibility Acts, Codes and Guidelines 3.6.4 Architect shall prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities. 3.6.4 The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in modifying a facility in the event it is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Guidelines. Please contact me if you have any questions concerning this issue. Sincerely, :.4/ji Mike Mathews, PE Chief, Architectural Services Section TRANSPORTATION AND PUBLIC WORKS DEPARTMENT BUILDING SERVICES DIVISION THE CITY OF FORT WORTH * 3409 HARLEY AVENUE * FORT WORTH, TEXAS 76107 (817) 871-7860 * FAx (817) 871-8106 OPrinted on recycled paper