HomeMy WebLinkAboutContract 30862 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL 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 Charles Boswell, its duly authorized Assistant City Manager, and RPGA Architects, hereinafter
called the "Architect", acting herein by and through Javier Lucio, its duly authorized Principal, for the
purpose of providing professional services for Construction Related Services in support of the construction
of the Mercado Project.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Provide professional services to advise and assist in the construction of the Mercado
Project.
SECTION II CHARACTER OF ARCHITECT'S SERVICES
1. The Architect shall perform services as outlined in letter dated September 13,2004 which is attached to
and made a part of this Agreement.
SECTION III COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall not exceed $12,000.
SECTION IV METHOD OF PAYMENT
1. The Architect shall be paid monthly at a flat rate of$2,000.00 per month upon invoicing.
SECTION V PROCEDURES FOR PROVIDING DESIGN SERVICES
1. All designs, drawings, specifications, documents, and other work products of the Architect, 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 Architect will be at the
City's sole risk. The City shall own the final printed designs, drawings, specifications and documents.
Transfer of ownership of the contract documents does not constitute sale of the documents.
SECTION VI CITY RESPONSIBILITIES
1. 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.
SECTION VII INDEMNITY AND INSURANCE
1. Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers
acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
Employers Liability Insurance
Bodily Injury $500,000 Each Accident
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$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 Per claim
$2,000,000 Project aggregate
2. 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.
3. General Insurance Requirements
3.1. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
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 Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
3.2. The City shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of the Architects general
overhead.
3.3. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
3.4. All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
3.5. The Professional Liability Policy shall be written on a"claims made" and shall be in effect for the
duration of this agreement and for 12 months following Architect's issuance of the Certificate of
Substantial Completion. The Architect's current insurer shall list the City as a certificate holder
for a period of ten years following the issuance of the Certificate of Substantial Completion by the
Architect. The City shall be notified at least 30 days prior to cancellation or substantial change in
coverage.
4. The City shall require the General Contractor to include the Architect as a Certificate Holder the general
contractor's general liability insurance.
SECTION VIII RIGHT TO AUDIT
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I. 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.
SECTION IX SUCCESSORS AND ASSIGNS
I. 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 X ASSIGNMENT
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 XI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XII OBSERVE AND COMPLY
I. Architect shall at all times observe and comply with all Federal and State laws and regulations and with
all City ordinances and regulations which in any way affect this agreement and the work hereunder,and
shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and
hold harmless City and all its officers, agents and employees from and against all claims or liability
arising out of the violation of any such order, law,ordinance, or regulation, whether it be by itself or its
employees.
SECTION XIII MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
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 ori mal. ,I
EXECU TH F T WORTH,TEXAS,THISV'V day of_�L _,A.D.,
By: APPROVED:
P incipal' ame
ichard P. za,R. Principal
Page 31 gg U
6/6/030,
Princial C
Officer(Pr i ent or Vic - reside By: �'
Assistant City Manager Marc A. Ott
APPROVAL RECOMMENDED: RECORDED: Assistant City Manager
�f S
By: / "�/ By:
Transportation and Public Works City Secretary
APPROVED ASTO FORM AND LEGALITY:
By: P&;bDate:
Assistant City orney
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 Statutes,Article 249a.
W-,� )J,olk
Ccr:ti:act Authorizatiop.
Date
Page 4
616103
817 332 9487 P.02
OESIG N G RG U P, ( N C
ro .
; Iber 13, 2004
s p i
'i6k Durham
r Odea Mang er
t° of Fort Worth
Transportation and Public Works
7 17 "N, 10' Street
Fort Worth, Texas 76102
JRE: Completion of C.A. Services for the
Fort Worth Mercado, port Worth, Texas
RPGA#0 110 10-RO/R-1(Revised)
Tear,ack:
We a.;.a pleased to have the opportunity to submit this proposal/contract for professional services. This
contract reflects our estimate of services necessary to provide you with the Architectural Construction
^�sewaon Services for the Architectural Design of the Mercado-Fort Worth in Fort Worth, Texas.
r. Project Description
Construction Observation Services
a) RPGA shall visit the site at intervals appropriate to the stage of construction, or as
otherwise agreed to by RPGA in writing, to become generally familiar with the progress and
quality of the work and to determine, in general, if the work is proceeding in accordance
with the contract documents. However, RPGA shall not be required to make exhaustive or
continuous on-site observations, RPGA shall endeavor to guard the Owner against defects
and deficiencies in the construction. RPGA will visit the site approximately 4 times per
month average and provide weekly reports, if requested by the City of Fort Worth.
b) RPGA shall not have control of, or charge of, and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions or
programs in connection with the work, for the acts of omissions of the contractor,
subcontractors, or any other persons performing any of the work, or for the failure of any
of them to carry out the work in accordance with the contract documents.
c)RPGA shall, at all times, have access to the work wherever it is in preparation or pro gres__.sem___ .
101 S.knnings Avenue,Suite*100 Fur[Worth,Texas 76104 (817)332-9477 FAX(817)332-9487 METRO(9 )4�74b423
TOLL-=- -- (888)TRY-RPGA
EMAIL—rickgwz.%(_tpgaarchitects.00w WEBSITE—www.!rSaarchitzcx&M
RPGA 817 332 9487 P.03
d) If requested by the owner, RPGA shall determine the amounts owing to the contractor,
based on observations at the site and on evaluations of the contractor's application for
payment in such amounts, as provided in the construction cost estimates.
e) RPDA shall advise the Owner to reject work which does not conform to the contract
documents.
f) RPGA shall review and take appropriate action on submittals such as shop drawings,
product data and samples, but only for conformance with the design concept of the work
and with the information given in the contract documents. RPGA shall prepare change
orders for the Owner's approval and execution in accordance with the contract documents.
g) If requested by the owner, RPGA shall conduct inspections to determine the dates of
substantial completions, and shall review for final certificate of payment.
h) The extent of the duties, responsibilities and limitations of authority of RPGA, as the
Owner's representative during the construction shall not be modified or extended without
written consent of both the Owner and RPGA.
All other Construction Administration Services, including plan modifications, other items beyond
RPGA's control or as specifically stated herein shall be considered as Additional Services, and will be
billed accordingly as stated herein.
Additional Services
Additional Services shall include any services required of RPGA., which are requested by the Owner,
lender, or their representatives, that are not specifically outlined herein or that are generally not part of
normal services. Additional Services include, but are not limited to the following:
A. Plan Modifications after-design approval that are beyond RPGA's control.
B. Municipal approval procedures including Zoning, Special Site Planning, or modifications to the
documents resulting from changes in the local Building Codes or Zoning Ordinances instigated
after the Project's inception.
C. Art work renderings or models beyond Conceptual Schematic Design Services.
D. As-Built drawings.
E. Major plan Modifications after 30% completion of construction documents for cost reductions.
F. Detailed estimates)of probable cost.
G. Review of revised cost due to change of project scope.
H. Changes of partial or completed designs due to change of project scope.
L Evaluations of revisions and revisions to designs that are required to reduce project cost.
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Compensation for Additional Services
1. Architectural:
Should RPGA be required to provide Additional Services, RPGA shall be compensated
at the ;following hourly rates.-
Principals
ates:Principals $150.00/hour
Project Architects $95.00/hour
Project Designer $85.00/hour
Draftsmen $65.00/hour
General Staff $35.00/hour
Cadd Equipment Time $10.00/hour
2. Consultants:
Should RPGA's consultant's, including Structural, M.E.P. or Civil Engineers,
Landscape Architects, or Interior Designers be required to provide Additional Services,
the Owner will reimburse RPGA for such services at the rate of 1.10 times the amounts
billed to RPGA_
Architectural Construction Observation
Through February_ 2005 = $12,000.00
Total Basic Architectural Fee= $121000.00
'. Schedule of Payments
�. Payment will be made monthly at a rate of a flat $2,000.00 per month upon invoicing.
It is to be implicitly understood that we, RPGA., will act in your best interests and, at all times, carry out
du`�es with reasonable diligence and expedience_
:ry pleased to have been considered for Architectural Services on this project and look forward to a
__, a; project. If you are in agreement with the contents of this agreement, please execute both copies and
*eturn one copy for our files. If you have any questions or comments, please do not hesitate to call.
P_ Garza., R.A., Principal
" G A Design Group, Inc.
-ham Date:
City of Fort Worth
TOTAL P.04