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HomeMy WebLinkAbout025140 - Construction-Related - Contract - FRS Design Group, Inc.CITY SECRETARY CONTRACT NO. ________� 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 FRS Design Group, Inc., hereinafter called the "Architect". 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 associated with individual assignments in connection with the following basic services: Perform architectural investigation and design work for improvements to buildings owned by the City of Fort Worth. Individual projects will generally be under $100,000 in construction cost and require a multi -disciplinary design effort. SECTION II - CHARACTER AND EXTENT OF ARCHITECT'S SERVICES 2.1 Architect shall consult with the City to clarify and define City's requirements relative to the assignments and review available data. 2.2 Architect agrees to commit the personnel to each assignment as necessary in order to complete the assignment 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 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. 2.4 Architect agrees that architectural services will be managed and performed in its Fort Worth Office, except work done by subconsultants. SECTION III - SPECIAL SERVICES OF ARCHITECT 3.1 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 Basic Services. SECTION IV - COMPENSATION TO ARCHITECT 4.1 The total compensation for all of the assignments to be performed by Architect as described in Section II - CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall not exceed $100,000, unless modified in writing. 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 Scope of Work at the actual hourly rates plus an overhead factor and a profit factor. Salary rates and overhead classifications are contained in Attachment 1, 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 3.0. 4.2.2.2 Labor multiplier rates for subconsultants shall be 3.0 or less. icrIM c© Page -1 �ullcf'?iG1�OY 8/4/99 U U SE U ER, {. 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. A- list of individuals and rates shall be provided by the Architect should the rates change. 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 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 The Architect shall provide a statement containing the overhead rates with the first invoice and afterward if there is any change. 4.2.7 Overhead Classifications, salary schedules and overhead rates are included in Attachment 1, hereby made a part of this Agreement 4.2.8 Invoice Format: 4.2.8.1 Monthly invoices shall be broken down by Project, and inclr}de 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. 4.2.8.2 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. 4.2.8.3 Architect shall be reimbursed for work actually performed by subconsultants at a multiple of 1.10 times the actual cost of such services. 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 parties rendering services to the Architect under a written agreement for the execution of the Assignment. 4.2.8.4 The City and the Architect shall agree in writing on the scope and compensation for the performance of Special Services prior to the commencement of such Special Services. SECTION V - METHOD OF PAYMENT 5.1 The Architect shall be paid not more frequently than twice per month on the basis of statements prepared from the books and records of account of the Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. 5.2 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 VI - PROCEDURES FOR PROVIDING ARCHITECTURAL SERVICES 6.1 Design Phase: 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 himself familiar with the scope of the assignment 6.1.3 The Architect shall perform all services to complete the design. Page - 2 8/4/99 6.1.4 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 The Architect shall prepare presentation graphics using plans necessary for the design and attend two public meetings during the design of the project. 6.1.6 Architect shall prepare the design in stages as follows: 6.1.6.1 Schematic Design: Preparation of alternative floor and site plans, architectural concepts and principal equipment and fmish plans and cost estimates. 6.1.6.2 Design Development: Preparation of detailed architectural floor plans and principal elevations, site plans, selection of principal equipment and finishes, and detailed cost estimates 6.1.6.3 Construction Documents: Preparation of details, mechanical, electrical, and plumbing plans, finish schedules, detailed specifications, and detailed cost estimates. 6.1.7 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 Texas Accessibility Standards (TAS). 6.1.8 The Architect shall reimburse the City for all damages incurred as a result of the failure of a facility to conform to all applicable State rules and regulations, Federal law, and municipal ordinances, including but not limited to the cost to modify the facility to conform to all applicable State rules and regulations, Federal law, and municipal ordinances. 6.1.9 The Architect shall include procedures for mitigating environmental impact, use of recycled building materials, sustainable construction, and a building commissioning program in the design of the project. 6.1.10 The Architect shall submit the stages of design to the City in five copies along with the estimates of probable construction cost. 6.1.11 The City shall acknowledge the probable construction costs and spope in writing at each stage of design. 6.1.12 Upon written approval of the final design, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding. 6.2 Bidding: 6.2.1 the Architect shall respond to Contractors inquiries, prepare whatever addenda are necessary and conduct the Prebid Conference 6.2.2 Following bidding the Architect shall investigate the qualifications of the apparent low bidder and make recommendations concerning award of the contract. 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 his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, seq fence, 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 his or her 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 Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. 6.3.2 Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all participants and key project personnel. Page - 3 8/4/99 6.3.3 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. 6.3.4 Architect shall manage, using the services of his mechanical/electrical consultants, the Commissioning Phase of the Project. 6.3.5 The Architect shall prepare "Record Drawings" on mylar medium based on inspection notes, Contractor's marked up field drawings and the Architect's observations. 6.4 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 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 Assignment. ' 7.2 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. 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 the Assignment for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Architect's services. 7.5 Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. 7.6 Upon reasonable notice provide labor and safety equipment to expose structural elements and temporarily repair same, and to operate mechanical and electrical systems as required by the Architect in the development of the design. 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 Assignment. 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 incident to compliance with this Section. SECTION VIII - CONFORMANCE WITH ACCESSIBILITY ACTS, CODES AND GUIDELINES 8.1 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 Texas Accessibility Standards (TAS). 8.2 The Architect shall reimburse the City for damages incurred as a result of the failure of a facility to conform to all applicable State rules and regulations, Federal law, and municipal ordinances. Page - 4 8/4/99 8.2.1 Architect shall assess the facility to determine the effect of the proposed improvements on the compliance with Codes. 8.2.2 The scope of the Architect's services shall include design of improvements required by Codes including those lying outside the principal area of improvement. 8.2.3 Should failure to meet the Code criteria 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 the Code criteria require construction of additional features not included in the original design, the Architect shall prepare additional designs required to meet the Code at no 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 born by the Architect. SECTION IX - TERMINATION 9.1 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. 9.2 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 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. 9.1 Upon termination or conclusion 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 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 Architectural 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 this connection the Architect shall indemnify and hold the City and all its officers, servants and employees harmless from any loss, damage, liability or expenses, including reasonable attorney's fees on account of damage to property and injuries, including death, to all persons, including but not limited to officers, 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. However, 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 Page - 5 8/4/99 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. 10.4 Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City, such insurance to be in at least the following amounts: Commercial General Liability $1,000,000 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 $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) $1,000,000 Policy limit 10.5 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. 10.6 General Insurance Requirements 10.6.1 The Commercial General Liability policy shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 10.6.2 Certificate(s) of insurance shall document that insurance coverages specified are provided under applicable policies documented thereon. 10.7 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 10.8 A minimum of thirty days notice of cancellation, and/or change in either coverage or policy limits 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 Superintendent, Building Services Division, City of Fort Worth, 3409 Harley Avenue, Fort Worth, TX 76107. 10.9 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 t the City in terms of their financial strength and solvency. 10.10 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 Page - 6 8/4/99 611199 CITY OF FORT WORTH OVERHEAD CLASSIFICATIONS 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 Key Man Insurance X Extraordinary Expenses X Marketing and Sales Costs x CompanyAircraft 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 insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 10.11 Workman's Compensation Insurance policy shall each be endorsed with a waiver of subrogation in favor of the City as respects the Project. 10.12 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. 10.13 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 10.14 All insurance, except for the Professional Liability insurance policy; shall be written on an occurrence basis in order to be approved by the City 10.15 Subconsultants to the Architect shall be required by the Architect to maintain the same or reasonably equivalent insurance coverage as required for the Architect. When subconsultants maintain insurance coverage, Architect shall provide City with documentation thereof on a certificate of insurance. 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. 10.16 The City shall require the General Contractor to include the Architect as a Certificate Holder on it's required construction phase insurance. ARTICLE 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 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. 11.2 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. 11.3 The terms contained in this section shall not apply if the hazardous materials or conditions are introduced by the Architect. SECTION XII - RIGHT TO AUDIT 12.1 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. 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 fmal payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and Page - 7 8/4/99 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 subconsultants agree to photocopy such 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. 12.4 If the audit discloses overcharges of any nature by the consultant, in excess of 5% or the total contract cost, the reasonable cost of the City's Audit shall be paid by the Consultant. 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 CONSULTANT 15.1 Architect shall perform all work and services hereunder as an independent consultant, 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 XVI - M/WBE GOALS 16.1 The Architect acknowledges his commitment to meet the City of Fort Worth's goals for Minority and Women's Business Enterprise (M/WBE) participation in City contracts. M/WBE participation was part of the approval criteria used in the award of this Agreement; therefore, failure to comply may result in a bidder being classified as an irresponsible consultant and being barred from City work for a period of not less than six months. The Architect agrees to furnish documentation of M/WBE participation such. as canceled checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. 16.2 The M/WBE Goal for this contract is 20%. The Architect shall provide monthly reports to the M/WBE Coordinator. SECTION XVII - AGE 17.1 In accordance with the policy ("Policy") of the Executive Branch of the federal government, Architect covenants that neither it nor any of its officers, members, agents, employees, program participants or subconsultants, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 17.2 Architect further covenants that neither it nor its officers, members, agents, employees, subconsultants, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Page - 8 8/4/99 17.3 Architect warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or Subconsultant against City arising out of Architect's and/or its subconsultants' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. SECTION XVIII - DISABILITY 18.1 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Architect warrants that it and any and all of its subconsultants will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Architect or any of its subconsultants. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and 1}old City harmless against any claims or allegations asserted by third parties or Subconsultants against City arising out of Contractor's and/or its Subconsultants' alleged failure to comply with the above -referenced laws concerning disability discrimina- tion in the performance of this agreement. SECTION XIX OBSERVE AND COMPLY 19.1 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 contract 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 of 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 / day of A.D., 1999. By: A 14 - II RS Design Group By:V !+ I tb 4f+ rA 'J c,1 r -4 L� Name, Office VED: Mike Groomer Assistant City Manager APPROVA RECOMMENDED: RECORDED: v: By: �, �¢- ►�" Trans rtation and Public Works GLORIA PEARSON City Secretary APPROVED AS TO FORM AND LEGA TY: By: Date: 4?15'9 Wade Adkins City Attorney /75'5 Contract Authorization Page -9 / '� 8/4/99 bate The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statures, Article 249a. Page - 10 8/4/99 ATTACHMENT 1 MAYORAL AND COUNCIL COMMUNICATION SALARY RATES OVERHEAD CLASSIFICATIONS Page - 11 8/4/99 FRS Design Group August 4, 1999 Hourly Rate/Billing Rate Schedules FRS Design Group, Inc. Category Rate Billing Rate Principal 34.50 103.50 Sr, Project Architect 31.00 93.00 Proj. Manager/Proj. Architect 19.00 57.00 Drafting A — CADD 16.50 49.50 Drafting B — CADD/Const. Admin. 15.50 46.50 Clerical 11.00 33.00 Clerical Assistant 6.50 19.50 Mateo Consulting Engineers, Inc. Engineering Manager 32.02 96.00 Civil Engineer 27.65 82.90 Civil Project Engineer 21.01 63.00 Mechanical Engineer 29.00 87.00 Plumbing Designer 22.50 67.50 Electrical Engineer 29.09 87.20 Electrical Designer 26.45 79.30 Engineering Drafting — CADD 16.00 48.00 Clerical 12.98 38.90 Frank Neal and Associates, Inc. Principal 33.50 100.50 Design Engineer II 24.17 72.50 Design Engineer I 16.10 48.30 Drafting II — CADD 17.07 51.20 Drafting I — CADD 14.00 42.00 Clerical 11.65 34.90 6/1/99 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 Princi al'+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 R 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 k 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 Insurance specifically required by contract and not carried as part of normal business X Insurance other X Page 1 of 2 City of Fort Worth, Texas qvagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **C-17525 20FRS 1 of 1 SUBJECT AGREEMENT WITH FRS ARCHITECTS, INC. FOR ANNUAL ARCHITECTURAL SERVICES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with FRS Architects, Inc. for annual architectural design services for a fee not to exceed $100,000. DISCUSSION: The City requires architectural assistance for small multi -disciplinary projects on an as -needed basis. Statements of interest were solicited through public notice. A selection panel recommended that three architects be interviewed. A subsequent panel recommended FRS Architects, Inc. of Fort Worth for the assignment. All expenditures for the assignments will be made through allocations from departmental budgets. FRS Architects, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE participation. The City's goal on this project is 20%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that all expenditures against this contract will be reviewed for availability of funds prior to release on a project -by -project basis. MG:k Submitted for City Manager's Office by: Mike Groomer 6140 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPRCITY COVED UNCILDepartment JUL 20 1999 K, " City Secretary of the City of Fort Worth, Tea# Head: Hugo Malanga 7801 (from) Additional Information Contact: Hugo Malanga 7801