HomeMy WebLinkAboutContract 33546 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 Marc Ott, its duly authorized Assistant City Manager, and RPGA Design Group, Inc., hereinafter
called the "Architect", acting herein by and through Javier Q. Lucio, its duly authorized representative, for
the purpose of providing schematic site plan studies to incorporate a future 10,000-square foot, Police
Station facility on the proposed site for Fire Station No.41 on Willow Springs Road near Highway 287.
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:
Prepare schematic site studies to incorporate a future 10,000-square foot, Police
Station facility on the proposed site for Fire Station No. 41 on Willow Springs road
near Highway 287 in Fort Worth,Texas.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
I.I. City of FortWorth
1.1.1. Project Manager: Nancy Richardson
1.2. Architect
1.2.1. Principal in Charge:Javier Q.Lucio
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relative to the
assignments and review available data.
2. Architect agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others 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.
4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
OWNil IWL RECORD
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5. The Architect shall perform services as outlined in RPGA Design Group, Inc. letter dated March 27,
2006,which is attached to and made a part of this Agreement.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City, Architect shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not included as part of the Basic Services
outlined in SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $5,500, hereinafter
referred to as the"total fee."
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
I.I. Completion of Schematic Site Studies 80%
1.2. Final acceptance of the Schematic Site Studies by the City 100%
SECTION VI METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
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 payment required herein for
services and reimbursables 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 reimbursables
incurred.
SECTION VII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. 1. The Architect shall visit the site and make himself familiar with the scope of the assignment.
Prepare Schematic Site Plan studies.
2. 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 VIII CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Assignment.
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.
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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.
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.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
SECTION IX TERMINATION
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.
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. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Article V,Paragraph 2.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION X INDEMNITY AND INSURANCE
I. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Consultant, its officers, agents, employees and Subconsultants, for
the accuracy and competency of the services performed under this Agreement, including but not
limited to surveys,location of subsurface investigations,designs,working drawings and specifications
and other Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Engineering documents by the
Consultant, 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.
3. In this connection the Consultant shall indemnify and hold the City and all its officers,agents,servants
and employees harmless from any loss, damage, liability or expenses, on account of damage to
property and injuries, including death, to all persons, including but not limited to officers, agents, or
employees of the Consultant or subconsultant, 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 Consultant's professional services or in the preparation of designs, working drawings,
specifications and other documents.
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4. The Consultant shall defend at its own expense any suits or other proceedings brought against the
City, its officers, agents, servants and employees, or any of them on account thereof,and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Consultant 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
provided to Consultant by City, or any deviation in construction from Consultant's designs, working
drawings,specifications or other documents.
5. Without limiting the above indemnity, Consultant 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
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B:Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease—per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per occurrence
$2,000,000 Project aggregate
6. Consultant 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.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. 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 Consultant's insurance policies. Notice shall be sent
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to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of the Consultants
general overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the
Consultant's insurance policies including endorsements thereto and, at the City's discretion, the
Consultant may be required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.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 Consultant's issuance of the
Certificate of Substantial Completion. The Consultant'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 Consultant. The City shall be notified at least 30 days prior to cancellation or
substantial change in coverage.
8. The City shall require its General Contractor to include the Consultant as an additional insured on its
general liability insurance.
SECTION XI RIGHT TO AUDIT
1. 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 workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
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.
3. Architect and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
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SECTION XII SUCCESSORS AND ASSIGNS
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 XIII 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 XIV 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 XV OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and
with all City ordinances and regulations which in any way affect this agreement and the work
hereunder,and shall observe and comply with all orders, laws,ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend,
indemnify and hold harmless City and all its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order,law,ordinance,or regulation,whether
it be by itself or its employees.
SECTION XVI 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. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. 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.
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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 Leday of A.D., 2006.
3PG N G UP,INC. APP V ^
By: ALA
vLuMarc Ott
mcipal Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:
L7
By: By. M
Robert Goode Marty Hendrix
Director,Transportation and Public Works City Secretary
APPROVED AST F M AND IT
By: Date:
Amy R msey
Assistant Citytorne
NO M&C RE-QUIRED
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.
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■ � R P G A
■ DESIGN G R O U P. INC.
March 22, 2006
March 27, 2006 (revised)
Dalton Murayama
Architectural Services Manager
Transportation and Public Works
City of Fort Worth
319 W. 10th Street
Fort Worth, Texas 76102
RE: Fire Station#41 Site with Police Station
Fort Worth, Texas
Mr. Murayama:
In order that we might reach a clear understanding,please accept this as our proposal regarding
RPGA's Architectural Services for the Schematic Design Site Plan incorporating the Police Station
and Fire Station#41 at the proposed Willow Springs Road location. We submit the following:
1) The following services and drawings will be provided by RPGA:
A. General
1. Site -Review site documents provided by The City of Fort Worth for set back
requirements, easements and topographical considerations. The City of Fort Worth
will provide copies of existing and proposed documentation provided by the
Developer and Tarrant County as well as other documentation that may be pertinent
to this site evaluation process.
2. Police Station—The Schematic Design floor plan for the site plan will be a 10,000
square foot rectangular building including the site requirements for public and
police parking totaling approximately 125 parking spaces.
B. Documentation.
1. Provide a Schematic Design Site Plan incorporating the new Police Station and
the Prototype Fire Station to determine the feasibility of the proposed site on
Willow Springs Road.
2) RPGA estimates between 2 and 3 weeks to complete these services. An intermediate review
and final review meeting is anticipated with the City of Fort Worth.
3) Our total fees will be...........................................................................................$5,500.00.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 �Nbti —
9 (817)332-9477 (972)445-6425 FAX(8 7)
(888)TRY-RPGA www.rpgaarchitects.com °��' X
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Fire Station#41 site with Police Station 2 March 22,2006
(revised)March 27,2006
All services will be billed on an hourly basis and all reimbursable expenses will be billed on
an accrued basis as reimbursable expenses are accumulated. Service fees and reimbursable
expenses for all services will be billed on a monthly basis as they accrue.
4) Additional Services: Additional services may be performed as requested by the City of Fort
Worth and may include modifications beyond the scope of work indicated. Compensation for
major variances to the agreed-upon services and additional site visits will be billed on an hourly
basis.
5) The City of Fort Worth shall provide full information regarding the requirements of the
Project, and RPGA shall be entitled to rely upon the accuracy and completeness thereof;
including,but not limited to, all building information, including complete utility data and
restrictions, as well as, all essential information to be supplied by subcontractors or
consultants retained by the Owner.
If the above items reflect your understanding of our agreement and are otherwise satisfactory,please
sign two copies of this proposal and return them to RPGA Design Group. We will then execute a
fully signed copy for your files.
S�ey,
Ja * r Q. Lucy Dalton Murayama
R P G A Design Group, Inc. Architectural Services Manager
City of Fort Worth
March 27, 2006
Date Date
CITY 6K-u?Nf/1D21Y
PQ
�:lai�Ul't mar.,
101 S.Jennings Avenue,Suite 9100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com