HomeMy WebLinkAboutContract 35427�:;i i `r` ��L����I�AE�If�d�-�'`t�'� l
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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.
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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.
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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
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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
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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.
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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..
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EXECUTED in the City of Fort Worth, this �day of 2007.
THE DOUGLAS�GROUP, INC.
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CITY OF F�RT WORTH
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Dale Fisseler
Assistant City Manager
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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 �
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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