HomeMy WebLinkAboutContract 52762 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO. Salto 2
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and RPGA Design Group, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Gendy
Street— Parking Booth Relocation.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment"A"—Scope of Services;
3. Attachment"B"—Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Gendy Street — Parking Booth
Relocation.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A". However the total fee paid by the City shall not exceed a total of$11,000.00 unless
the City and the Consultant mutually agree upon a fee amount for additional services
and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the.
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particular services so ordered and receipt by City of Consultant's invoice for payment of
same.
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Upon completion, the Architect may, at its option, utilize the Project to qualify for the
Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under
IRS guidelines. If requested, the Owner shall acknowledge the Architect as the
"Designer' of the Project by completing an allocation form (that Architect will provide)
and shall allow the Architect's independent third-party evaluation firm (and its licensed
inspector) reasonable access to perform a one-time, on-sire inspection and certification
of the Project's HVAC, interior lighting and/or building envelope systems.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12
months, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable
local, state and federal laws and with all applicable rules and regulations
promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
City of Fort Worth,Texas Standard Agreement for Professional Services
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(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
City of Fort Worth,Texas Standard Agreement for Prolessienai Services
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d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment
of premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
I. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
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Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
Article 1X
Right to Audit
(1) Consultant 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 Consultant involving
transactions relating to this Agreement. Consultant agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant 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 sub-consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub-consultant 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 Consultant and any sub-consultant reasonable advance
notice of intended audit.
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(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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.
Article XII
Venue and Jurisdiction
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.
City of Fort Worth,Texas Standard Agreement for Professional Services
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Article XIII
Contract Construction
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.
Article XIV
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 construed as if such invalid or unconstitutional portion had never
been contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76102
Consultant:
RPGA Design Group, Inc.
Attn: Javier Q. Lucio
101 S. Jennings Avenue, Suite #100
Fort Worth, Texas 76104
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Article XVI
Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
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City of Fort Worth,Texas Standard Agreement for Professional Services
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Article XVIII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute but one and the same instrument.
Executed and effective this the 'y�y o , 2019.
BY: BY:
CITY OF FART WORTH CONSU
/ R Design roup, Inc.
A"
Kevi unn J ler Q. L to
Interim Assistant City Manager Principle
Date: qik Vl Date:
APPROVAL REC MMENDED:
B4ReVr
�� s, Interim Director
Property agement Department
APPROVED AS TO FORM AND
LEGALITY
By: M!C No.: n/a
hn B. tronVorney
Assistant City
M&C Date:
ATTEST: ..•'O,,y
corm 1295 Certification:
Mary J. r
City Secr ary t af'
t' a'• `
CONTRACT COMPLIANCE MANAGER: Bys�ning 1¢aokrr rledge that 1 am the person responsible for the monitoring and
administration of this contra ,lncluding ensuring all performance and reporting requirements.
By: An 4 A
Brian R.Glass,AIA
Architectural Services Manager
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.
City of Fort Worth,Texas Standard Agreement Q �I ®�®
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Paga g or 10 CITY SECRETARY
FT. WORTH,TX
ATTACHMENT"B"
VERIFICATION OF SIGNATURE AUTHORITY
RPGA Design Group, Inc.
101 S. Jennings Avenue, #100
Fort Worth TX 76104
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name: Robert P. Gar a
rPosition: C O
{
Signatu e
2. Name: Richard P. Garza
Positio i nt
Signa Ore
3. Name: Javier Lu4,:.
Position: Vice-President
Signature
ame: Robert . Garza
Signa4Are of Pr6hident C O
Other Title:
Date:
City of Fort Worth,Texas Standard Agreement for Professional Services
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R P G A
DES I G N G R O U P, INC.
January 21, 2019
Ronald Clements-Architect
Property Management Department
City of Fort Worth
401 West 13"' Street
Fort Worth, Texas 76102
RE: Gendy Street—Parking Booth Relocation
Fort Worth, Texas 76107
Mr. Clements:
In order that we might reach a clear understanding, please accept this as our proposal regarding
the relocation of the exiting Parking Booth located on the west side of Will Rogers Colosseum along
Gendy Street as required to realign driving lanes as requested by the Owner. We submit the
following for your consideration and approval.
1) General: RPGA Design Group will visit the property at Gendy Street and provide construction
documents to realign parking lanes and relocate the existing Parking Booth as requested by the
Owner . It is our understanding that we will be able to disassemble the existing Parking Booth
and relocate it on a new foundation with little or no modifications to the existing parking booth.
Our Architectural/Engineering Services include:
A. SCOPE—Realignment of Parking Lanes and Relocation of the existing Parking Booth.
1. Provide new foundation to relocate the existing parking booth
2. Provide new electrical and mechanical scope as required to relocate the existing parking
booth
3. Provided site plans indicating the work required to realign lanes and relocate the existing
parking booth.
4. Prepare Construction Documents and Specifications(on sheet specifications) as
required to document the required work.
5. Details provided by the City on the previous Gendy Street improvements will be utilized
for this project to maintain continuity with the existing street enhancements.
6. Provide Construction Administration Services as required for the proposed scope of
work
B. LIMITATION OF SCOPE -The scope of our services does not include:
1. Destructive testing or demolition of any nature.
2. Construction Cost Estimates
3. Any other services not specifically listed in the scope of services above.
Architectural Fees...............................................................................................$5,500.00
Includes ten (4) CA site visits
MEP Engineering Fees(Wells Doak Engineers) ...............................................$2,600.00
Includes one (1)CA site visit
Structural Engineer Fees (RL Woods and Associates).............*.........................$2,600.00
Includes one (1) CA site visit
101 S.Jemings Avenue,SuRe#100 Fort worth,Texas 76104 (817)332-9477 FAX(817)332-9487 (888)TRY-RPGA
www.rpgaarcNtects.com
Fort Worth-Gendy Street 2 January 21,2019
Parking Booth Relocation
Reimbursable Expenses........................................................................................ $500.00
TotalFees.....................................................................,................................... $11,000.00
If you have any questions or if you need additional information about this proposal please contact
me at your earliest convenience.
�8i cer ly,
Javier Q. Cucio
RPGA Design Group, Inc.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA wwwxpgaarchitects.com