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HomeMy WebLinkAboutContract 35520 CITY SECRETARY CONTRACT NO. �G�1C AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Dale Fisseler, its duly authorized Assistant City Manager, and LopezGarcia Group, Inc. a Texas professional corporation ("LGGROUP"), acting by and through Rudy Garcia, its duly authorized representative. RECITALS WHEREAS, LGGROUP provides professional services related to Archaeological, Cultural Resource and Architectural History Studies; and WHEREAS, City is in need of professional services to assist City in the first phase of a complete citywide historic resources survey; and WHEREAS, City and LGGROUP desire to enter into a contract to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Services. LGGROUP covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, historic preservation research, including photo documentation, architectural surveys and research("Services") for the first phase of a complete historic resources survey of the City of Fort Worth. The City has identified twenty-one (21) target areas for the first phase of the historic resources survey and eleven (11) major tasks to be completed by LGGROUP(see Exhibit"A"). The specific Services to be performed are more fully described in Exhibit "A", attached to and incorporated into this Agreement. All documents and products _ i19 produced and delivered by LGGROUP pursuant to this agreement shall become the exclusive property of the City. 2. Term. The term of this Agreement shall commence upon date of full execution of the City and LGGROUP and shall terminate on March 2008, or on completion of all services hereunder,whichever occurs first, unless terminated earlier as provided herein. 3. Fee. In consideration of the Services to be performed hereunder by LGGROUP, City promises and agrees to pay LGGROUP an amount not to exceed Two Hundred Thousand Dollars ($200,000) ("Fee"). The Fee shall be compensation for all Services, including any and all necessary changes or contingencies to complete the work described in Section 1. Payment from City to Consultant shall be made on an invoice basis following receipt by City from LGGROUP of a signed invoice and monthly report detailing project activities that have been accomplished. The invoice and monthly report shall be submitted to City's Planning and Development Department no later than the 15`h day following the end of the month. 4. Termination. Either party may cancel this Agreement at any time and for any reason by providing the other party with thirty days written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay LGGROUP only for Service actually rendered as of the effective date of termination. 5. Independent Contractor. LGGROUP shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. LGGROUP shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and LGGROUP, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and LGGROUP. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of LGGROUP is in the paid service of City. 2 6. Indemnification. LGGROUP shall be liable and responsible for any and all property loss, property damage and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, arising under, as a result of or in connection with this agreement, to the extent that such are caused by the negligent act(s) or omission(s), malfeasance or intentional misconduct of LopezGarcia Group, its officers, agents, servants or employees. Consultant covenants and agrees to, and does hereby, indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss and/or personal injury, including death as a result of or in connection with this agreement, to the extent that such are caused by the negligent acts or omissions or malfeasance of LopezGarcia Group, its officers, agents, servants, or employees. LGGROUP shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 7. Insurance. During the term of this Agreement, LGGROUP shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 7 as well as any and all other public risks related to LGGROUP's performance of its obligations under this Agreement. LGGROUP shall specifically obtain the following types of insurance at the following limits: • Commercial General Liability: $1,000,000 per occurrence; providing blanket contractual liability insurance products and completed operations; independent contractor's liability; and coverage for property damage to City facilities; and • Automobile Liability: il-I '<y y2(;p17 VV\`aUi r"v. �y $1,000,000 per occurrence or accident; including, but not limited to, all vehicles, whether owned or hired, in use by LGGROUP, its employees, agents or subcontractors; and • Worker's Compensation/Employer's Liability: Worker's compensation coverage as required by applicable law; and Employer's Liability at $100,000 per accident. LGGROUP shall promptly provide the City with certificates of insurance that verify LGGROUP's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate LGGROUP's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. LGGROUP shall comply which such requests or revisions as a condition precedent to the effectiveness of this Agreement. 8. Assignment. LGGROUP shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this agreement. 9. Compliance with Law. LGGROUP, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of LGGROUP any such violation on the part of LGGROUP or any of its officers, agents, employees or subcontractors, then LGGROUP shall immediately desist from and correct such violation. 10. Non-Discrimination. LGGROUP, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will 4 LGGROUP permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and LGGROUP hereby covenants and agrees that LGGROUP, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either LGGROUP, its agents, employees or subcontractors. 11. Right to Audit. LGGROUP 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 LGGROUP involving transactions relating to this Agreement. LGGROUP agrees that the City shall have access during normal working hours to all necessary LGGROUP 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 LGGROUP reasonable advance notice of intended audits. LGGROUP further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. This Section 11 shall survive the expiration or termination of this Agreement. 12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify LGGROUP of such occurrence 5 and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 13. Entire Agreement. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 15. 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, postage prepaid, to the address of the other party shown below: Dale Fisseler, Assistant City Manager Rudy Garcia, President City of Fort Worth LopezGarcia Group, Inc. 1000 Throckmorton St. 1950 North Stemmons Freeway Fort Worth, Texas 76102 Suite 6000 Dallas, Texas (817) 392-8518 (214) 741-7777 16. Non-Waiver. The failure of City or LGGROUP to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such tern or right on any future occasion. 17. Disclosure of Conflicts. LGGROUP hereby warrants to the City that LGGROUP has made full disclosure in writing of any existing or potential conflicts of interest related to LGGROUP's services and proposed services with respect to the Project. In the event that any vIl ,,,�;�; conflicts of interest arise after the Effective Date of this Agreement, LGGROUP hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that LGGROUP may use products, materials or methodologies proprietary to LGGROUP. The City agrees that LGGROUP's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, LGGROUP understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. LGGROUP, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Majeure. The City and LGGROUP shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.] 7 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective upon execution by both parties. ATTEST: CITY OF FORT WORTH Pdn By: ANMarty%efZn�dridx) Dale isseler City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: L QDI ` ` Contract Au/t`horization L/ -6�Eq Date Assistant City Attorney Date: ATTEST: LopezGarcia Group, Inc, a Texas professional corporation By: Q&� Rudy Garcia President v81 Exhibit"A" Historic Resources Survey Scope of Work Task 1 —Kick-Off Meeting for Project LGGROUP's principal investigator and architectural historians will meet with City of Fort Worth representatives and other interested parties identified by the City to discuss the best approaches in meeting the project needs. Topics of discussion will include survey and electronic needs of the project,preparation of the historic contexts, attendance at public meetings and meeting the city's goals of protecting its historic resources. The meeting will discuss strategies for conducting the tasks, specific deliverables, and time frames for conducting the project. A list of contacts with phone numbers will also be exchanged. Deliverable(s): Meeting summary circulated to all meeting participants Task 2—Establishment of Task Forces LGGROUP with the assistance of the City shall develop one or more task forces for the four target areas (Momingside, Historic Carver Heights, Garden of Eden and Mistletoe Heights) in consultation with the City. Task forces will be comprised of community leaders and residents of the four intensive survey areas. Task force members may be interested parties identified by the city or by LGGROUP and the City during the early phases of the project. Task force members will be sought to provide historic context information, and identify significant neighborhood elements that may be considered priorities for residents. It is anticipated that each task force will meet with the project architectural historians once at the beginning point of the project, and once at the project mid-point. Deliverable(s): Summary from task force meetings. Results of the meetings and any information gathered will be incorporated into the Tasks 8 and 9 deliverables Task 3 —Research Design for Intensive Surveys LGGROUP shall develop a research design for and determine the limits of the survey area in consultation with the City of Fort Worth. Comments from the City will be addressed prior to publication of a final research design. LGGROUP, with direction from the City, will coordinate with the Texas Historical Commission (THC). Deliverable(s): Research design (PDF format) containing: • project description • survey methodology • figures showing the proposed project survey area A hard copy document submitted to the THC on behalf of the City Task 4—Records Search for Intensive Surveys LGGROUP will visit the City of Fort Worth's assessor's office, city library, city archives, and other appropriate repositories in order to examine and collect all of the cultural resource records 9 regarding the four critical survey areas. The results of the records search will be incorporated into the historic context and into the survey forms. This information will also assist the cultural resource professionals at LGGROUP to determine the use, ownership, and the architect and/or builder of the resources that will be documented during the field survey. Deliverable(s): Will be incorporated into the Tasks 8 and 9 deliverables Task 5 - Archival Research for Intensive Surveys LGGROUP shall review extant literature to establish appropriate historical and cultural contexts for the project area, determine information requirements and direct the survey effort. Historic themes and trends will also be examined. Deliverable(s): Will be incorporated into the Tasks 8 and Task 9 deliverables Task 6—Database Development In consultation with the City, LGGROUP shall adapt its existing database for recording historic resource site information(including all location and site-specific data) to easily and smoothly integrate into the City of Fort Worth's Geographic Information System (GIS) database. Tabular data is collected electronically in the field. This data is stored directly into an MS Access database and linked geographically with the collection of Global Positioning System (GPS) coordinates at each site. Each personal digital assistant (PDA) is also equipped with ESRI's ArcPad software, which allows the user to view GIS data in the field. This software gives the user the ability to create geographic notations from the field, generating a more accurate assessment of each site. Deliverable(s): An electronic copy of the draft site forms for recording site data Draft electronic database Task 7—Intensive Field Survey of Target Areas An intensive field survey involving the physical inspection of historic-age resources, landscapes, and streetscapes within the four target areas will be conducted. This survey will be conducted to determine which structures are contributing or non-contributing elements of a potential National Register District. Each resource will be assigned a project ID number. The property type and subtype classifications, primary style, architectural description, architect and/or builder, construction date, character-defining features, and preliminary eligibility recommendations will be recorded. An inspection of building materials, construction techniques, condition and integrity, and analysis of the location of each resource will be conducted during the field effort. The physical inspection of historic buildings and site features will include photographing each resource in color digital format. LGGROUP shall perform the intensive surveys using handheld PDA devices equipped with GPS units to quickly and efficiently record the location of, and complete the intensive survey form for each resource within the intensive survey areas. Location information will be incorporated into ArcView, and the survey data will be collected using a database that is compatible for use with the City of Fort Worth's GIS. 10 Field location mapping will be conducted to indicate the contributing and non-contributing resources on U.S.G.S. topographic and aerial maps. Mapping of locations will be accomplished by using GPS. All photographs and other data collection will be taken from publicly accessible areas so no right-of-entry will be required. At a minimum, this shall include an oblique view of the primary facade and a side elevation for each resource, with the subject filling the frame. All photographs shall be 1600 x 1200 pixels at 300 pixels per inch or larger, well focused, and clearly depict architectural and other details relevant to an evaluation of the resource's character- defining features. The field data will be analyzed using data collected during the record search and archival research phases in order to place the resources within their historic context and theme. The context or theme, a particular time, place and course of events, will determine the significance of the district to local, state, or national history. LGGROUP estimates about 2,000 historic-age resources will need to be documented in the four critical needs neighborhoods. The complete results of the reconnaissance survey will be incorporated into the Task 8 deliverable. Deliverable(s): A summary of preliminary results • An electronic spreadsheet • Digital photographs with a photo log upon completion of the fieldwork An electronic version of the field survey data collection form for posting on the City of Fort Worth's website Task 8—Draft Report for Intensive Surveys LGGROUP shall provide a report detailing the results of the historic-age resources survey. The report shall describe the findings of the survey; make recommendations to the City for the need, if any, to conduct additional survey efforts; and provide a recommended methodology for future surveys within the City of Fort Worth. The report shall have sufficient detail and clarity to provide the City with a basis for making decisions regarding areas containing historic properties (i.e., projects initiating the Section 106 process, areas the City has identified as development priorities, etc.) without requiring submission of additional documentation or for making recommendations concerning the scope of the survey. At a minimum, they shall include the following information: • A brief overview of the results of the surveys, including an inventory of historic resources requiring no additional survey efforts in order to finalize determinations of NRHP eligibility in accordance with 36 C.F.R. 60. • GIS maps showing the location of each historic resource labeled with its appropriate project ID number, and keyed to its NRHP eligibility recommendation. Outbuildings and landscape features shall be reported as subsets of the main project ID number for a property, for example, a garage associated with Site No. 100 could be labeled Site No. 100a. The project area shall be clearly indicated on the map. Major street names and other directional landmarks shall be clearly indicated on the map. Maps shall be based on aerial photographs. The maps will also include a scale and a north arrow. 11 • Historic-age resource survey forms and digital images of each resource evaluated in the field. Survey forms will include project identification number, address, date of construction, subdivision name, and builder if possible,property type and subtype, style, a description of architectural features, building materials, construction techniques, condition and integrity, and eligibility recommendations. Deliverable(s): Draft historic-age resource report(PDF format) Associated figures and tables as appropriate Survey forms and images for each historic-age resource A hard copy of the document submitted to the THC Task 9—Final Report for Intensive Surveys LGGROUP shall revise the historic-age resources report to address comments by the City, and if necessary, the THC. LGGROUP shall submit the final report document to the City and the THC, if necessary, in PDF and electronic format. These documents will be in a format compatible for use on the City's website. All historic resource data sheets and the associated database containing information on each resource, ArcView files, digital photographs, and any other electronic data created for the project will be submitted to the City at this time for potential integration into the City's GIS database. Task 10—Windshield Surveys for Seventeen Target Areas Upon completion of the four critical target areas and if time and budget permits, LGGROUP will begin windshield surveys on the remaining seventeen(17) target areas which consist of: • Berry/Stalcup Village; • Berry/University Village; • Evans &Rosedale Village; • Hemphill/Berry Village; • Historic Handley Village; • Magnolia Village; • Mercado Village/Historic Stockyards Growth Center; • Near East Side Village; • Oakland Corners Village East/Oakland Corners Village West; • Polytechnic/Wesleyan Village; • Ridglea Village East/Ridglea Village West; • Six Points Village; • South Main Village; • West Seventh Village; • Downtown Growth Center; • Meacham Growth Center East/Meacham Growth Center West; and • Miller/Berry Growth Center The windshield surveys will consist of plotting the location of each building/structure within each target area, confirmation of addresses with the assessor's office, and applying a ranking of the level of historic importance to the National Register of Historic Places. This data will be collected using PDAs and the data downloaded to create a database linking to a GIS map for the 12 City's use. This data will allow the City of Fort Worth to make educated decisions on development in the target areas as well as to allocate appropriate funds to assist in the preservation of the area. LGGROUP shall provide a summary report detailing the results of the historic-age resources windshield survey. The report shall describe the findings of the survey, make recommendations to the City for the need to conduct additional survey efforts, identify priority properties and neighborhoods, and provide a recommended methodology for future intensive surveys within the City of Fort Worth. The summary shall have sufficient detail and clarity to provide the City with a basis for making decisions regarding areas containing historic properties (i.e., projects initiating the Section 106 process, areas the City has identified as development priorities, etc.). The summary shall include the following information: • A brief overview of the results of the windshield survey, including an inventory of historic resources; photographs of each resource; identification of high-, medium-, and low-priority properties; and identification of contributing and non-contributing elements of each neighborhood. • GIS maps showing the location of each historic resource labeled with its appropriate project ID number, and symbolized by its status as a contributing or non-contributing element. Neighborhood boundaries, major street names, and other directional landmarks shall be clearly indicated on the map. Maps shall be based on aerial photographs. The maps will also include a scale and a north arrow. • Historic-age resource windshield survey forms and digital images of each resource evaluated in the field. Windshield survey forms for each historic-age resource will include its project identification number, address, its status as a contributing or non- contributing element to its respective historic district, and identification of the resource as a high-, medium-, or low-priority. The survey will be provided as a database of information compatible with the City's GIS. Deliverable(s): The windshield survey summary report (PDF format) Associated figures and tables as appropriate GIS maps Electronic survey database Arc View files Images for each historic-age resource with a photo log A hard copy of the document submitted to the THC Task 11 —Presentation of Documentation to City of Fort Worth LGGROUP will submit the results of the survey project to the City of Fort Worth in meetings. It is expected that one meeting will be conducted prior to the start of the project (Task#1 —Kick- Off Meeting), one meeting for each target survey area to discuss the project at the midway point (4 meetings), one meeting upon completion of each target survey area(four meetings), and the last meeting at the conclusion of the project. This last meeting will result in the presentation of the documentation, a review of the scope of work and discussion of the comment process. 13 City of Fort Worth, Texas Mayor and Council Commuinication COUNCIL ACTION: Approved on 5/8/2007 DATE: Tuesday, May 08, 2007 LOG NAME: 22HP SURVEY REFERENCE NO.: C-22111 SUBJECT: Authorize Execution of Contract with LopezGarcia Group, Inc., to Prepare the First Phase of a Historic Resources Survey RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with LopezGarcia Group, Inc., in an amount not to exceed $200,000 for the preparation of the first phase of a historic resources survey for the City of Fort Worth. DISCUSSION: On September 12, 2006, the City Council adopted the Fiscal Year 2006-2007 budget, which provided $200,000 for the completion of the first phase of a historic resources survey for the City of Fort Worth. The funding was allocated to begin a five-year study to complete a citywide historic resources survey project. In the first phase, the City has identified 21 target areas for survey: The first four areas, identified as high- priority areas, are existing historic districts that lack adequate documentation for baseline information. The remaining 17 areas are designated urban villages and growth centers which, by virtue of City policy, have programs in place that may impact the redevelopment of historic buildings. These funds will be used to perform research, architectural survey and photo documentation of all 21 areas. The four high-priority areas will be intensively researched and documented with a higher degree of information suitable for nomination to the National Register of Historic Places. The remaining 17 target areas will be surveyed and documented with more basic information suitable for local designation and review of proposed redevelopment projects. City staff has negotiated a detailed scope of work (Exhibit A) in preparation to execute a contract in an amount not to exceed $200,000. The scope of work includes 11 major tasks: Task 1 - Kick off meeting Task 2 - Establishment of task forces Task 3 - Research design for intensive surveys Task 4 - Records research Task 5 -Archival research Task 6 - Database development Task 7 - Intensive field survey of target areas Task 8 - Draft report (intensive survey) Task 9 - Final report (intensive survey) Task 10 -Windshield survey of 17 other areas Task 11 - Presentation of documentation to the City of Fort Worth It is anticipated that this phase of the survey project will take approximately eight months from the start date for substantial completion. Additional phases of survey work may be contracted with the Consultant Logname: 22HP SURVEY Page 1 of 2 pursuant to satisfactory completion of the First Phase and the availability of funds. LopezGarcia, Inc., and its subsidiaries are in compliance with the City's M/WBE Program by committing to 40 percent DBE participation based on the proposed scope of work. The City's goal on this project is 10 percent. This project is located in COUNCIL DISTRICTS 2, 3, 4, 5, 7, 8 and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0221000 $200,000.00 Submitted for City Managers Office by: Libby Watson (6183) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Julie Williams Lawless (8012) Logname: 22HP SURVEY Page 2 of 2