HomeMy WebLinkAboutContract 29002 CITY SECRETARY
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STATE OF TEXAS CONTRACT NO,
KNOW ALL BY THESE PRESENTS
COUNTY OFTARRANT
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 Huitt-Zollars, 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 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 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 providirig 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 11 -
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall not exceed $200,000, 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 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.
423 The actual hourly rate of an employee is to be established by the employee's y[" qqmpc Intleolcf:
at the time of the invoice divided by the number of hours worked. I r P
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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 reiinbursables.
4.2.6 salary schedules and overhead rates are included in Attachment 1, attached hereto and made a part of this
Agreement
4.2.7 Invoice Format:
4.2.7.1 Monthly invoices shall be broken down by Project, and include a list containing the name of each
employee engaged on each Project, the total time each employee worked during the invoice period and the
hourly rate of each employee. The City may require a signed time report for any employee engaged in
work on this project.
4.2.7.2 Description and costs of reimbursables being billed shall be shown clearly on each invoice accompanied by
documentation substantiating each charge. Documentation to substantiate subcontract charges shall also be
submitted with each invoice.
4.2.7.3 Architect shall be reimbursed for work actually performed by 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.
4.2.7.4 The City and the Architect shall agree in writing on the scope and compensation for the performance of
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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, as necessary as determined by the City for each assignment:
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 assignment
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
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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 stages 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.
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6.1.52 Construction Documents: Preparation of details, mcchoniod, electrical, and plumbing plans, finish
schedules, detailed specifications,and cost estimates.
6.1.6 Architect shall prepare "Elhination of Architectural Barriers Registration" and submit the applications to
the Texas Department of Licensing and Regulation or to u 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).
6.1J The Architect sbuU include procedures for mitigating environmental irnpuct, use of recycled building
materials, and sustainable construction, ill the design ofthe project.
6.1.8 Tke Architect oho|| submit an estimate of probable construction cost and scope for review and
acknowledgement in writing by the at 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 mthe City for use in bidding.
6.1.10 The Architect shall provide electronic fi|oo in PDP orDWF 5oonut for posting to the\ntonuoL
62 Bidding:
62.1 The Architect shall respond toContractors inquiries, prepare necessary addenda and conduct the Prebid
Conference
6.2.2 Following bidding d6u Architect shall investigate the qualifications of the uppun:u( low bidder and make
recommendations concerning award ofthe contract.
6.3 Construction Services:
63.1 The Architect sbuU assist the City, upon request, in approving submittals, observing 0000Unchon
procedures and results,reviewing methods and costs associated with proposed ohunAo ordcn,and resolving
construction problems. Umvovec, neither the Professional activities of the Design Professional, nor the
presence ofthe Design Professional orits employees and oobuouxu|tantsuxaconstruction site, shall relieve
the Gouom| Contractor and any odboc entity of its obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques or procedures ueoesyug' for perf000iuA,
superintending orcoordinating all portions ofthe Work of construction inaccordance with the oouUau
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 johuiiesafety, and warrants that this intent sbu|i
6emade evident iothe City's agreement with tile General Contractor.
6.32 Architect oho\| attend periodic job site meotiugs as required by the City' prepare meeting notes and
distribute them toall participants and key project personnel.
6.33 At the completion of construction, tile Architect shall conduct and document the final inspection and assist
the City outhe resolution ofconstruction ordesign deficiencies.
6.3.4 The Architect shall prepare "Record Drawings" on my\ur medium based oil inspection notes, Contractor's
marked upfield drawings and the Architect's observations,
64 Post construction:
6.4.1 All project information and designs shall become the property ofthe City and may be used by the
City in any manner it wishes. The Architect sbu|\ not be liable for the use of such design
information unother projects.
6.42 Architect uba}) assist the City in the resolution of post construction and warranty issues for a
period ofone year past issuance ofOccupancy Permit orfinal payment to contractor.
O5Other Professional Services: Architect shall assist the City onother assignments ourequested.
SECTION VII ClTl'RESPONSIBILITIES
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7/ Provide all criteria and full information uu (uCity's requirements and designate aperson with authority to
act ooCity's behalf onall matters concerning the Assignment.
7.2 Assist Architect in obtaining existing o0udioo, reports and other available data and services of udec
pertinent to the Assignment and in obtaining additional reports and data as requ�ed.
7] Upon reasonable notice uoun@e for access to and make all provisions for Architect toenter upon public
and private property as may be required for Architect to per-fonu mnmicon hereunder.
7.4 I)eaigooto in writing qualified persons who will act as City's representatives with respect to an Assignment
for the purposes of transmitting instructions,receiving information, interpreting and defining City's policies
and decisions with respect to Architect's services.
T5 Review all reports, recommendations and other documents and provide written decisions pertaining thereto
within ureasonable time.
7.6 Upon cousonuh|o notice provide labor and safety equipment roexpose structural elements and temporarily
repair sumo, and to operate mechanical and electrical systems as required by the Architect in the
development n[the design.
77 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 iowriting decisions pertaining thereto within a reasonable
time yousnot\odelay the services ofArchitect.
7.8 Prepare easements and right-of-way acquisition conveyance documents, Grum description provided by
Architect, contact owners, negotiate for orcondemn all easements and right-of-way, pay all filing and legal
fees associated cbon:vvitb.
7.9 Provide such legal, uouountiog. insurance and other counseling services to City as may bernquixod 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 rocompliance with this Section.
SECTION Vill'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 or Independent Contract Provider. All designs shall bc
in conformance with the Elimination ofBarriers Act, State ofTexas, City ofFort Worth Building Codes
and the Texas Accessibility Standards(TAS).
82 The f\obi(eo ubnU m:bnhursc the City for all damages incurred as u result of the failure of facility to
conform ioall applicable State rules and regulations, Federal |avv` and municipal ordinances, including but
not limited to the cost to modify the facility Nconform to all applicable State rules and regulations, Federal
law,and municipal ordinances.
82.1 Architect shall assess the facility todetermine the effect oftile proposed improvements oothe compliance
with building codes.
8.2.2 The scope of the Architect's oorviooy shall include design of irnprovemunis required by building codes
including those lying outside the principal area ofimprovement.
82.3 Should failure to meet the building code criteria require removal of facilities constructed under the design
dpuomoutsznmeet the Code, the Architect shall prepare remedial designs and reimburse the City for the
cost o[the original construction and the removal of the affected features.
8.24 Should failure (omeet building code criteria require construction of additional features not included in the
original design, the Architect shall ppcp�euddidona| designs,oqu�ed (umeet the boiNingcode ut no cost
to the City. The cost oftile additional oonu(rocdoo. less bidding costs and contractor's mobilization and
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demobilization costs, will be born by the City. The bidding, mobilization and demobilization costs will be
borne by the Architect.
SECTION IX- TERMINATION
9.1 The City may terminate this Agreement at any tune 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 tinder 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 tip 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 rriarmer 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 any design and/or 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 Linder 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
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
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Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease-policy limit
$100`000 disease-uochomp|oyee
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) $2,000.000 Policy limit
10.5 General Insurance Requirements
10.5.1 The City, is officers, employees and servants obn|| be endorsed as an additional insured on Architect's
Commercial General Liability insurance policies. It shall be named as u Certificate Holder under other
policies.
10.52 Certificates ofinsurance shall hodelivered mthe City ofFort Worth, Facilities Manager,Transportation and
Public Works Department, City of Fort Worth, 1000 Thzoukmorton, Fort Worth, TX 76102 prior to
commencement o[any work under this contract.
10.5.3 Any failure on part o[the City to request required insurance documentation shall not constitute u waiver of
the insurance requirements opooificd herein.
10.5.4 Each insurance policy shall be endorsed toprovide the City ominimum thirty days uutioo of cancellation,
oon-rcn*vvoL and/or material ohuu&o inpolicy terms orcoverage. & ten days notice shall he acceptable in
the event ofnon-payment ofpremium.
10.5.5 Insurers must be authorized to do huxuicsy in the State ofTexas and have u current A.M. Best rating o[A:
VII urequivalent measure o[fiuuncia|strength and solvency.
10.5.6 Deductible |bnim, or self-funded retention |ioits, on each policy must not exceed $300.000.00 per
occurrence unless otherwise approved hythe City.
10.5.7 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative
coverage or risk i/ouUnnut moomu,os through iooumnoc pools o, risk retention groups. The City must
approve iowriting any alternative coverage.
10.5.8 Workers' compensation insurance po|icy(s)covering employees employed on the project shall be endorsed
with a waiver of subrogation providing rights of recovery in favor of the City.
10.5.9 City sbu|| not be responsible for the direct payment of insurance premium costs for Architect's insurance.
It is understood that insurance cost is an allowable component of Architect's indirect overhead
10.5.10 Architect's insurance policies shall each beendorsed toprovide that such iosoruooc is primary protection
and any self-funded or commercial coverage maintained hyCity shall not he cu|iod upon to contribute to
loss recovery.
10.5.11 In the course of the this contract, Architect shall report, in u timely moomor` to the Facilities Manager any
known ]oux occurrence which could give rise to u liability claim or lawsuit or which could result in u
property loss.
10.5.12 Architect's liability shall not be limited tothe specified amountsofinsurance required herein.
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10.5.13 Upon the request of City, Architect shall provide complete copies of all insurance policies required by
these contract documents.
10.5.14 All insurance,except for the Professional Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the City.
10.5.15 Subconsultants to the Architect shall be required by the Architect to maintain the same or reasonably
equivalent general liability 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. (Subconsultants normally do not carry PLI and carry lower liability limits.
Insisting on such high limits makes it much harder to get minority subconsultants on the team.)
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10.5.16 The City shall require the General Contractor to include the Architect as a Certificate Holder on it's
required construction phase insurance.
10.5.17 Architect shall provide City thirty (30) days written notice of erosion of the aggregate limit below the per
occurrence limits Outlined above.
10.5.18 Actual losses not covered by insurance as required by this Agreement shall be paid by Consultant
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 clairns shown
by final judgment to arise out of the sole negligence of Architect. 'File 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
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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
111 Architect agrees that the City shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers and
records of the Architect involving transactions relating to this Agreement. Architect agrees that the City
shall have access during normal working hours to all necessary Architect facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Architect reasonable advance notice of intended audits.
12.2 Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall, until the expiration of three(3) years after final payment under the
subcontract, have access to and the right to examine any directly pertinent books, documents, papers and
records of such subconsultant, involving transactions to the subcontract, and further, that City shall have
access during normal working hours to all subconsultant facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this article. City
shall give subconsultant reasonable advance notice of intended audits.
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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 MJVvrBE participation 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.
173 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
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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.
Architect 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 hold City harmless against any claims or
allegations asserted by third parties or Subconsultants against City arising out of Architect's and/or its
Subconsultants' alleged failure to comply with the above-referenced laws concerning disability discrimina-
tion in the performance of this agreement.
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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.
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IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name
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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.
EXECUD`IN THE CITY OF FORT WORTH,TEXAS,THIS r) ?\A day of A.D., 2003
01�
By: A?FRqVEP_-
Huitt-Zoltars, Inc
By: Charles T. Aldredge
Vice President Marc Ott
Assistant City Manager
APPROVAL RECOMMENDED: APPROVED AS TO FORM AND LEGALITY:
By: Date:
ty Atu)rnev'
Director, Fraaj�oTtation and Public Works 4*i 1
2
Contract Authorization
BWy
Ci ec tary
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.
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. '
°ATrACHMENT1^
for the CITY of FORT WORTH
HUITT-ZOLLARS, INC.
BASIS FOR PROFESSIONAL FEES AND CHARGES
April 30, 2003
Projects indicated to be performed on a "Time and Materials" basis will be invoiced monthly using actual naw salary
cost for the persons working on the project times a multiplier which is an overhead factor, including profit.The current
year multiplier is3.0. The general ranges ofraw salary cost for various employees are asfollows:
Senior Officer, Principal $40.00 to$80.00
Arch itect/EnginmerVII, VIII,Officer $25.00to $60.00
Architect/Engineer IV,V, VI $20.00tn$45.00
Arch iiedt/Engineerl, D, Ill $15.00to $40.00
Designer lthrough Design Manager $15.000m$4E00
CADDTech Ithrough Supervisor $10.00U» $35D0
Project Support: Includes Clerical,Computer Systems,
Document Control,and Accounting Support $ 7.00to$25.00
REIMBURSABLE EXPENSES WILL BE INVOICED AS FOLLOWS:
In House Blue Prints $ 0.20/ft2
In House Photocopies $ 0.10/page
Outside Services Cost+ 1O96
Mileage $ 0.365/mi\e
City of Fort Worth, Texas
,Ynagoir and (:auncit Cammunicatio"
DATE REFERENCE NUMBER LOG NAME
8/7/03 **C-19687 � 20HUITTZ PAGE of 2
SUBJECT AGREEMENT WITH HUITT-ZOLLARS, INC. FOR ANNUAL ARCHITECTURAL SERVICES
FOR SMALL MULTI-DISCIPLINARY PROJECTS ON AN AS-NEEDED BASIS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with Huitt-
Zollars, Inc. for annual architectural design services for a total fee not to exceed $200,000.
DISCUSSION:
The City of Fort Worth requires architectural assistance for small multi-disciplinary projects on an as-
needed basis. A Request for Statements of Interest was placed in the Commercial Recorder and faxed
to Fort Worth architectural firms, and twelve firms responded. A selection panel recommended that four
architectural firms be interviewed. A subsequent panel recommended Huitt-Zollars, Inc. of Fort Worth
for the assignment.
Huitt-Zollars, Inc. will assist City staff in the design of small renovation and expansion projects that
require the assistance of mechanical, structural, and electrical consultants in preparing project
documents. The architect will also assist staff with structural assessments, cost estimating, and
preparation of space needs evaluations and conceptual site/floor plans for program review and
authorization. The architect will also be available to assist staff in preparing designs for emergency
repairs of facilities damaged in natural disasters. The contract will have a three-year life to allow the
architect to assist on a project throughout the entire design and construction.
All expenditures for the assignments will be made through allocations from capital and departmental
budgets.
Huitt-Zollars Inc. is in compliance with the City's M/WBE Ordinance by committing to 20% M/W13E
participation. The City's goal on this contract is 20%.
City of Fort Worth, Texas
iMeogoir co"d Council Comm unicAtiort
DATE REFERENCE NUMBER LOG NAME PAGE
8/7/03 **C-19687 � 20HUITTZ � 2 of 2
SUBJECT AGREEMENT WITH HUITT-ZOLLARS, INC. FOR ANNUAL ARCHITECTURAL SERVICES
FOR SMALL MULTI-DISCIPLINARY PROJECTS ON AN AS-NEEDED BASIS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the operating budgets and current capital
budgets, as appropriated, of various funds. All expenditures against this contract will be reviewed for
availability of funds prior to release on a project-by-project basis.
MO:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
APPROVED 8/7/03
Robert Goode 7804 (from)
Additional Information Contact:
Robert Goode 7804