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HomeMy WebLinkAboutContract 35427�:;i i `r` ��L����I�AE�If�d�-�'`t�'� l C;C�Ni{ �rt�;� �!C_� . ..�----- — _ _ . Contract for Professional Environmental Design Services between The Douglas�Group, Inc. ("D�G") and The City of Fort Worth ("City") This Contract is made and entered into by and between The Douglas�Group, Inc., (herein after referred to as "D�G"), acting through its duly autharized President and The City of Fort Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties, (herein after referred to as the "CITY"), acting by and through its duly authorized Assistant City Manager. 1. SCOPE OF WORK The project will proceed as outlined in the Scope of Services section, and will include Information Gathering/Programming, Design Development and Map Artv��ork Production services for the City of Fort Worth Wayfinding Maps. The design of the maps will be to accommodate the Pedestrian Maps Kiosks as well as the Wayfinding Kiosks. There will be one map per district for the following districts: Downtown District, Cultur•al District, and Historic Stockyard District, The final deliverable will be vector-based artwork provided both electronically and 11 "x 17" hard copy. The map will be a detailed, two-dimensional, (non isometric or perspective) user- friendly map. The City shall provide base map information including, but not limited to, street, block and building "foot prints", as well as the destinations to be noted on the maps and their location. The City shall provide an accurate base map for each district in an EPS format from GIS which can be easily taken into an Illustrator document. The maps will be developed in English only. 2. SCOPE OF SERVICES There will be three project phases, as described below: Phase I/Information Gathering/Programming Phase I involves a kick-off team dialogue with a committee composed of the City of Fort Worth and other stakeholder groups as designated by the City that will focus on the style of the maps to be developed. The dialogue with the committee will also focus on developing creative approaches to the map artwork related to style, hierarchy of information presented and orientation. During this phase, D�G will also confirm the understanding between D�G and the City of the project and gain a clear understanding of the information to be provided by the City and the format in which it will be provided. All contact with the City will be over phone and/or electronically; no travel meetings are assumed to be part of the fees. •�' �';t'LILt��;��u • � � v,'� . ��r�'" �^�7 . . '��111 .�`J�}:LLtnl'��I���`.0 �__ ��-..�_o.: Phase II/Design Development The Design phase of the project will begin with the creation of the thematic style of the maps as all of the maps will share a similar style in order to communicate a cohesive message for the user. Design Development will continue in order to develop draft layouts for each District map. The application of the Identity Elements, color and typography families, as well as the identification of destinations will be illustrated in the form of computer-generated illustrations. The City will be responsible for final proofing of the maps. During this phase, D�G will provide two (2) edit opportunities to the City. D�G will present a computer print out of each map for each District for proofing and redlines by the committee (Edit #1). D�G will incorporate the changes into the map and reissue for final proofing (Edit #2). Any further text changes will be considered as an Additional Service. Phase III/Artwork Production Edits made by the City from Edit #2 will be documented into the maps and final artwork which will be delivered in vector-based Abode Illustrator computer files, suitable for electronic output for Wayfinding Signs and Kiosks. The files will also be delivered in hard copy (11"x17") and saved as an Abode PDF file for ease in the printing. 3. TERM AND TERMINATION The term of this Agreement shall commence upon the date this agreement is executed by both parties and shall terminate in four (4) months unless both parties agree in writing extend time to complete the project. This Agreement may be terminated by either party upon thirty (30) day's written notice. In the event of termination D�G shall be paid by the City for services performed to the termination date, including Reimbursable Expenses. Termination of this agreement under any circumstances shall not abrogate, impair, release or extinguish any debt, obligation or liability of either of the parties to the other which may have accrued or been incurred hereunder. All covenants and agreements of the parties, which by their terms or by reasonable implication are to be performed hereunder, in whole or in part, after the termination of this agreement, shall survive such termination. Upon termination of this Agreement for any reason, D�G shall provide the City with copies of all documents, photographic prints and other documents prepared under this Agreement. � � , <- � t ,,,� _. � ���1J���1. a��v`.,;,°'.�' i 'viJ1l� �'!`��.^�,.�.Lr�?�;'.�..1�14'( � t i � ';J;;�,i �� I � � ,f �,7 � f �� . JJ.�,�i3 ��,�.� t — , �.��—f. 4. FEE PROPOSAL The maximum amount to be paid to D�G for all services performed and expenses incurred hereunder shall not exceed Twenty Four Thousand Dollars ($24,000.00). Based on projections of personnel and skills required for the above referenced Scope of Work, the following Lump Sum Fees are proposed, to be billed monthly on a percent complete basis. Reimbursable Expenses for Graphic Design shall be defined as our actual expenditures made in the interest of the Project. These include expenses of long distance telephone and telex charges; expense of blueprinting and/or photocopying reproductions and reproduction of specifications; expense of courier service, shipping and delivery charges; plan checking, permits, or other fees assessed by any authority; and the preparation of perspectives or models or other promotional type materials. Overtime labor and reimbursable rush charges, when required by City requested scheduling and with prior written approval, will be considered as Additional Services. Phase Phase I/Information Gathering/ Programming Phase II/Design Development Phase III/Artwork Production Project total Manhours Fees 40 $ 4,200 92 32 164 9,660 3,360 $17, 220 Estimated Reimbursable Expenses/Contin�encies $3, 444 Payment of compensation for Basic and Additional Services and Reimbursable Expenses shall be made monthly upon receipt of correct invoices far services performed and expenses incurred. Should invoices remain unpaid for a period of thirty (30) days, we shall have the right to refuse to render further service and such act shall not be deemed a breach of the final Agreement. Payments to us under the final Agreement are due upon receipt. Project Qualifiers The following qualifiers are set forth in an effort to establish a mutual understanding of the project deliverables and the basis for budget development of this proposed scope of wark. 1. City requested design or content changes after the design layout has been approved, requiring changes or additions to the artworlc ar text, will be considered Additional Services. Changes to the Scope of Work of the brochure may result in changes to the fees. 2. Services of a writer or illustrator are not included in this proposal. If needed, D�G can assist in the selection of a writer as an Additional Service. Purchase or creation of original or stock photography or f� „ � .� u IJ � `�.`.7 �. ...1 � i .0 J �J .�+1:.�:' r;i1�(I�� i�% r'.'T/-�a�'l��jf;:. 1��% li J U L 'c' `� t:i I�� I L:� :"i: I; 4j i::rY!t(^f.L���U ?li`�`;. ��� . J�. Ul y J �: . illustrations is not included in this proposal. If required, this will be considered a project expense billed directly to the City. Text, imagery, photographs, etc., will be provided by City or can be provided by D�G as an Additional Service if required. Purchase of usage rights, if required, will be the responsibility of the City. City to provide base map artwork. 5. INDEMNIFICATION The D�G shall indemnify and hold the CITY and its officers, agents and employees harmless from any loss, damage liability or expense far damage to property and injuries, including death, to any person, including but not limited to officers, agents or employees of D�G or subconsultants, which may arise out of any negligent act, error or omission in the performance of this Agreement. The D�G shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. 6. OWNERSHIP OF ELECTRONIC MEDIA All designs, drawings, specifications, documents, reports and other work products of D�G, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the D�G will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications, reports and documents. The Parties hereto understand and agree that misuse (including reuse by anyone other than the Owner or Architect, for whom the design documents were prepared), misinterpretation, or modifications to D�G design documents by anyone other than D�G may result in adverse consequences that D�G can neither predict nor control. 7. INDEPENDENT CONTRACTOR The D�G shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. The D�G 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 his agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the CITY and the D�G, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the CITY and the D�G. �,.J i.�:-. :�J�✓1" � � r � v�J�t'� �'�i ��'����� �1% � ..1�:. �, .u. ¢ ;� "ti;'' ,' �i,' � Lr !� ��� � � �� ;:c�✓ .��(1�� �r.�Le S. RIGHT TO AUDIT D�G agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract for each fiscal year, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the D�G involving transactions relating to this Contract. D�G agrees that the CITY shall have access during normal working hours to all necessary D�G facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The CITY shall give D�G reasonable advance notice of intended audits. 9. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer their interest herein without the 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. 10. CONTROLLING LAW This Agreement, including all matters relating to the validity, construction, performance and enforcement thereof, shall be governed by the laws of the State of Texas, without regard to conflict of laws. 11. VENUE For purposes of determining venue in the event that legal action is brought by either party under this agreement, this agreement shall be deemed performable in Fort Worth, Tarrant County, Texas, in all respects, and the parties specifically agree to bring any and all legal action(s) regarding interpretation, enforcement, and/or any other aspect of this agreement in the courts of Fort Worth, Tarrant, County, Texas. This agreement, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by the laws of the United States of America and the State of Texas, without reference to the conflict of law principles of either body of law. 12. COMPLETE UNDERSTANDING This agreement constitutes the complete and entire agreement between the parties hereto and no statement, representation, warranty or covenant has been made by either of the parties with respect to this agreement except as expressly set forth herein. 13. MODIFICATION This Agreement shall not be altered, modified, amended or terminated (other than in accordance with the provisions hereo fl except by a written instrument signed by the authorized representatives of each Party. 14. NON-WAIVER = - � � l � � � i �v'f�����iG�:` .:�'�>�✓lio� � ;=�9�j ' �'''=,�pi;C"�i�� � ��,, ` ����''c` �J'�L�=i?�`•!i?iU � `',':;;�;� �� ;. �, iiu� L;����`: 11� ��GC� No failure by D�G to talce action on account of any breach or default by the other party of any terms and provisions of this Agreement shall operate as a waiver of such default or breach nor constitute a waiver of any other breach or the performance required by the other party hereunder. 15. SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be constiued as if such invalid or unconstitutional portion had never been contained therein. 16. NOTICES All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by c�rtified mail, postage prepaid, or by hand delivery: City: Attn: Fernando Costa, Director of Planning and Development 1000 Throclanorton Fort Worth, Texas 76102 fvitlz a copy to: Attn: City Attorney City Attorney's Office 1000 Throcicmorton Fort Worth, TX 76102 The Douglas�Group, Inc.: Attn: Franlc Douglas, FAIA The Douglas�Group, Inc. Execution of this Agreement, when returned to The Douglas�Group, Inc., will serve as notice to proceed vvith the services enumerated in this Agreement.. .� EXECUTED in the City of Fort Worth, this �day of 2007. THE DOUGLAS�GROUP, INC. .�� �/ �� �� � � , � � � � , . .,� • . • �:%J r �l1�li�,� l � 7\1�✓ �?;' � tr�;���`'% ic�i5�'!^�'j�n � ' ��r'�7 V> i, c��:�.;6!�u�'!��i.� r U,;�,� �I�7 : ��:�.�`�'l`:��J�j Ui`-'.i�1: , CITY OF F�RT WORTH B �� � �� Y� Dale Fisseler Assistant City Manager IC �� APPROVED AS TO FORM AND LEGALITY ATTEST: . ��� a Hendrix City Secretary APPROVAL RECOMMENDED: By: ��� �(ti., �� ` �1�tiu� By: � Melinda Ramos Fernando Costa Assistant City Attorney Planning and Development Director �Sal� d�d6%`!ri-4@Eei�UPl101iHJ � -- �z-.:=.�.__„s — City of Fo�t Wo�tlz, Texas �1►��a�r And Caunc�i! Ca�n�nu�ricA�ian DATE REFERENCE NUMBER I LOG NAME 11 /26/02 **C-19365 22WAYFIND PAGE 1 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND AUTHORIZATION TO ACCEPT A FEDERAL REIMBURSEMENT GRANT TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND EXECUTE THREE SEPARATE CONTRACTS WITH DOWNTOWN FORT WORTH, INC., CULTURAL DISTRICT COMMITTEE, AND STOCKYARDS STATION FOR DEVELOPMENT OF A SIGNAGE AND INFORMATION SYSTEM RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to accept a Congestion Mitigation and Air Quality (CMAQ) grant from the Federal Highway Administration in the amount of $336,300 for a coordinated wayfinding program; and 2. Authorize the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) in the amount of $336,300 for a signage and information system that would direct visitors to destinations in Downtown Fort Worth, the Cultural District, and the Historic Stockyards; and 3. Authorize the City Manager to execute contracts with Downtown Fort Worth, Inc., the Cultural District Committee, and Stockyards Station for the local match of $233,700 ($93,480 cash and $140,220 in-kind); and 4. Authorize payment in the amount of $2,500 from said local match to TxDOT to cover the cost for the state's review of plans and specifications in accordance with the LPAFA; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $570,000 upon receipt of the grant. DISCUSSION: The Transportation Equity Act for the 21St Century (TEA-21) established a Congestion Mitigation and Air Quality (CMAQ) improvement program to contribute toward attainment of natural ambient air quality standards by reducing traffic congestion. The North Central Texas Council of Government's Regional Transportation Council awarded CMAQ funds to the City in the amount of $336,300 for a wayfinding program in 1999. A local match of $233,700 is required, for a total project cost of $570,000. The program has three components: Design and implement a signage system to direct vehicular and pedestrian traffic within the three visitor districts. This signage system will provide information about attractions, parking facilities, bus routes, and rail stations; and City of Fo�t Worth, Texas �11�yae And Caunc�il Cammun�icAt�an DATE REFERENCE NUMBER LOG NAME PAGE 11/26/02 **C-19365 22WAYFIND 2 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND AUTHORIZATION TO ACCEPT A FEDERAL REIMBURSEMENT GRANT TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND EXECUTE THREE SEPARATE CONTRACTS WITH DOWNTOWN FORT WORTH, INC., CULTURAL DISTRICT COMMITTEE, AND STOCKYARDS STATION FOR DEVELOPMENT OF A SIGNAGE AND INFORMATION SYSTEM • Develop and maintain an interactive website with information about parking, transit, and points of interest in Downtown Fort Worth, the Cultural District, and the Historic Stockyards; and • Conduct a coordinated marketing campaign. The project will be funded as follows: Cash In-Kind Total Federal Highway Administration reimbursement grant $336,300 $ 0 $336,300 Downtown Fort Worth, Inc. $ 62,648 $ 93,972 $156,620 Cultural District Committee $ 15,416 $ 23,124 $ 38,540 Stockyards Station 15 416 23 124 38 540 Total Funds $ 429,780 $140,220 $570,000 The City of Fort Worth is the primary contact and coordinator for the project. The City Council's Capital Improvement and Infrastructure Committee reviewed and endorsed this project on November 12, 2002. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current budget, as appropriated, in the Grants Fund. Submitted for City Manager's Office by: Charles Boswell Originating Department Head: Fernando Costa Additional Information Contact: 6183 8042 Vida Hariri 8045 FLJND (to) 1) GR76 3) GR76 2) GR76 1&3) GR76 1 &3) GR76 1&3) GR76 1&3) GR76 (from) ACCOUNT 451942 488339 488925 5 (various) 533280 533280 533280 CENTER 022302825000 022302825000 022302825000 022302825010 022302825020 022302825030 022302825040 AMOUNT $336,300.00 $140,220.00 $ 93,480.00 $429,780.00 $ 93,972.00 $ 23,124.00 $ 23,124.00 CITY SECRETARY APPROVED 11/26/02 ORD.# 15350