HomeMy WebLinkAboutContract 28211�i
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STATE OF TEXA.S
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT is rnade and entered by and betw�en the City of Fort Worth, Texas, a municipal
corporatian situated in Tarrant County, Texas, hereina�ter called the "Gity", acting herein by and through its
duly authorized Assistant Gity Manager, and Quorum Architects, Inc., hereinafter called the "Architect" for
flie purpose of providing architectural services for a Space Neads AnaIysis of the Harley Street Service
Cenier.
WITNBSSETH '
That for and in consideratian of the mu,tuaI covenants and agreements herein contained, the parri�s hereto
do hereby covenant and agree as foilows:
SEGTION I SERVICES OF THE AIZCHITECT
1.1 The City hereby coni�acts with Architect as an independent contractor, and the Architect herehy
agrees to perform, wifhin the professional standards normally accepted in the State of Texas,
prafessianal services in connectian with the following generaI saope af work:
DeveIop a Space Needs Anaiysis of the Harley Street Sar�ice Center
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fart Worth
1,1.1,PrpjectManager: GregSimmons
1.2. Architect
1.2.1. Principal in Charge: William Blankenship
1.2.2. Project Manager: David Duman
1.2.3. Project Architect: Harold Recer
2. Neither party may change key personnel without agreement by the other party.
SECTION III CIIARACTER OF ARCHITECT'S SERVICE3
l. Perfarm services as outlined in QAI#02194 leiter dated October 21, 2D02, which is attached to and
made a part of this Agreement.
2. Schedule;
2.1, 1'hase I: Needs Assessment 30 Days after Notice to Proceed
2.2, Phase 2: Conceptual Site Plan 30 Days after approval of Needs Assessment
3. Architect shall consult with the City ta clarify and deime City's requirements relatzve to the assignments
and re�iew available data.
4. Architect a�rees to connnait tbe personnel to each assignment as necessary in order ta conc�plete the
assignrnent in an expeditious manner.
5. The Architect shall a�ivise City as to the necessity of City's providing or obtaining from others services
and data required in connection with the Assignment at Ciiy's cast and expense (which services and
data Architeet is not to provide hereunder but on which Architect may rely in perfarming services
hereunder), and act as City's representativ� in cnnnection with any such ser�+ices oi others.
6. Printing cvsts are incIuded in the fee.
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SECTION N SPECIAL SERVICES OF ARCHIT`ECT
If authorized in �i�riting hy City, Architect shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not inclucied as part of the Sasic Services
outlined in SECTTON I- SERVICES OF THE ARCHITECT and the Architect's Proposal. These
Special Services will be paid for by City as indicated in Sectian V.
SECTION V COMPENSATION TO ARCHITECT
The total compensation for all of the assignments to be perfor�ned by Architect as described in
CIIARACTEIZ. AND EXTENT of ARCHITECT'S SERVICES hereof shall be $11,000
3. Sgecial 5ervices autl�orized by the City shalI be reimbursed as agreed to by the Facilities Manager in
writing.
4. Architect shall not be paid rnare than the following amounts based upon the stage of design:
4.I . Phase 1: Needs Assessmeat
4.2. Phase 2: Con.ceptual Site Plan
$8,500
$2,500
5ECTION VI RESPONSIBILITY FDR CONSTRUCTIQN COSTS (NOT AP�'I,�CABLE}
SECTION VII METHOD O�' PAYMENT
1. T`he Architect shall he paid not more frequently than once per manth on the basis of siateinents
prepared from the books and records of account of the Architect, such statements to be veriiied as ta
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements wil1 be subjeet to certification by the Director, Transportation and Publie
Works Department or his duly authorized representati�e tl�at such work has been performed.
2. The abo�e charges are on the basis of pro:m.pt payQnent of bills rendered and continuous progress of the
work on the Assignrnent until completion. If City fails to make any agreed to payment due Architect
for serviees and aut-of-pocket expenses within sixty days after approval of Architect's statement
thereof, Architect may, after giving saven days' written natice to City, suspend services under this
Agreement until Architect has been paid in fu11 all amounts due far services actually performed and
out-of-packet expenses actuaLly incurred.
SECTION VIII PROCEI]URES FOR PROVIDING SERVICES (S�� PROPOSAL)
AII designs, dra�vings, speciiications, docutnents, and other work products of the ARCHiTECT,
whether in hard copy or in eleatronic fortn, are inst�ruments of service for this FR07ECT, �vhether the
PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through
or on 6ehalf of fhe GITY pf any s�ch insir�ments of service without the written perwission vf the
ARCHITECT wili be at the CITY's sole risk. The final printed designs, drawings, specificaiions and
docunnents shall be owned by the CITY. Transfer af ownershi� of the contract docurnents does not
constitute sale of the dacuments
SECTION IX CITY RESPONSIBILITIES
�. Provide criteria and infarmation as to City's requirements and designate a person with authority to act
on City's behalf on all matters cvnceming the Assignrnent.
2. Assist Architect in obtaining existing studies, reports and ather available data and services of others
pertinent to the Assi�vnent and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon pubIic
and pri�ate property as may be required for Architect to perform services hereunder.
4. Designate in writin.g quaiified persons who wilj act as City's representatives with respect to the
Assignment for the purposes af transtnitting instructions, receiving information, interpreting and
defining Gity's poiicies and decisions with respect to Architect's ser�ices.
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5. Review alI reports, recommendations and other documents and provide written decisions pertaiuing
ihereto within a reasonable time.
6. Examine all studies, reparts, sketches, drawings, specifications, praposals and other documents
presented by A,�chitect, obtain advice oi an atiorney, insurance counselor and other Architects as it
deerns appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay ihe services of Architect.
7. Provide such legal, accounting, insurance and other caunseling services to City as may be required for
the Assig�ment.
8. Bear all costs incideni to campliance with this Sectian.
SECTION X TERMINATION
1. The City may terminate this Agreement at any tune for convenience or far any cause by notice in
writing to tt►e Architect. Upon receipt of such notice, the Ar�hitect sball immediately discontinue a11
services and work and the placing of all orders or the entaring into Contracts for supplies, assistance,
facilities and materials in conn�ction with the performauce of ttais Agreement and shall proceed to
cancel promptly all existin.g contracts insofar as they are chargeab�e to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay ihe Architect
for se�vices periprmed in accordance herewifih prior to such termination, less such payments having
been previously made. Such pay�meant slaall be based upon the work completad up to the date of
termination of the Agreement iri accordance with tlie metliad of compensation prescrihed in Sections V
anc� VI hereof. Architect shall also he compensated for all termination-related expenses such as
meeting attendance, dacument reproduction, transf�r of records, etc.
3. Upon early termination ar conclusion of this Agreement, the Architect shall provide the City
reprotiucible copies of all completed or partially completed documents prepated und�r tfus Agreement
that shall become tl�e praperty af the City and uaay be used by the City in any manner it desires. The
Architect shall nat be liable for the use of such materials for any project other than the project
described in this Agreement.
�ECTION XI INDENINITY AND INSURANCE
1. Appro�al by the City of contract docwneats shall not constiiute ar be deemed to he a release of the
responsibility and liability of the Arehitect, its officers, agents, employees and Subcnnsultants, for the
accuracy and competency oFthe services per%rmed under this Agreement, including but not limited to
surveys, designs, working drawings and specifications and other documents.
2. 5uch approval shall not be deemed to he an assumption of such responsib�lity an,cf Iiability by the City
%r any negligent act, error or omission in the conduct or preparation of surveys, designs, working
drawings and specifications and other documents by the Architect, its afficers, agents, employees and
Subconsultants, it heing the intent of the parties fhat approval by Y.he City sigaifies the City's approval
of only the general design conc�pt of the improvements to be constructed.
3. Architecf agrees to indemnify and defend the City from any loss, cost, ar expense claitned by third
parties for prpperty damage and bodily injwy, including death, caused solely by the negligence ar
willfui miseonduct of the Archit�ct, its employees, afficers, and subcontractors in conuection with the
Assigiunent.
If the neglige�ce or willful misconduct of both Architect and the City (ar a person idenriiied abave for
whom each is liable} is a cause af such damage ar injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in praportian to their relative �egrees of negligence or wiilful
misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4} (Vernon Supplement
1996), as same may be amended from time tn time, or by any s�ccessar statute.
4. Withaut limiting tlae above indemnity, Architect shall maintain a policy of compre�.�:�siv� g��r-a1 _
liability insurance coverage with carriers acceptable to City in at laast the following am�ii��= .'� _.!� �, ���� �
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6.
Commercial General Liability
Employers Liabiiity Insurance
Bodily Injury
$1,000,000 Per Occurrence
$500,000 Each Accident
$500,p00 Palicy Limit
$SQ0,000 Bodily Injury by Disease, each employee
Workers Compensation
Coverage A: 5tatutory limits
Co�erage B: Employe:r's Liability
$100,404
$500,00(3
$lao,000
Business Automobile
Combination Single limits
Personal Injury
i7ninsured
Professional Liabiliiy Insutance
$500,OOQ
$2,500
$504,000
each accident
disease - policy liinit
disease - each employee
each accident
each person
each accidant
(E�rprs and Omissions) $1,OQb,OdO Per clazm
$2,OD0,000 Annual aggregate
Architact shall furnish City a Certificate of Insurance it� at least the above amounts. Certii'icate sha1I
contain a pro�ision that snch insurance cannof be eanceled without 30 days prior written notice to City.
The City reserves the right tv revise insurance rec�uirements specified in this agreement to the best
interests of the City.
General Insurance Requi�ements
fi.l, Commercial General Liability caverage shall be endarsed to name the City an Additional Insured
thereon, as its interests may appear. 'Ti�e term City shall inelude its employees, officers, o�cials,
agents, and volunteers as respects the contracied services.
6.2. Certificate(s) of ins�rance shaIl document tk�at iunsurance coverages specified are provided under
applicable policies documented thereon.
6.3. Any failure on part of the City to request reqnired insurance documentation shali not constitute a
waiver of the insurance requirements.
6.4. A winimum oi forty-f�ve days notice of canceilation, nan renewal or material change in coverage
shall he pravided to the City. A ten days notice shall be aceeptable in the event of non-payment af
premium. Such terms shall be endorsed onto Architect's insurance policies. Notice s�all be sent ta
the Facilities Manager, Transpprkatian and Public Warks Department, 1QOQ Th�roclanorton, Fort
Worth, TX 76102.
6.5. The City shall not be responsi6le iar the direct payment af any insurance premiums required by this
agreement. It is unc�erstvad that insurance cast is an allowable campon�tt of the Architects general
overhead.
6.6. The City reserves the right to revise insurance requirements specified in this agreement accnrd'mg to
the best interests ofthe City.
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6.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by trhe City; a�d, such insurers sha11 be acceptable to the Ciry in terms of their financial
strength and solvency.
6.8. Deductible limits, or self-insureci retentions, affecting insurance required herein may he acceptable to
tha City at its sale discretion; and, in lieu of traditionai insurance, any aIternative coverage
maintained through insurance pools or risk retentzon groups must l�e also approved. Dedieated
firiancial resources vz- letters of credit may also be acceptahle to the City.
69. The City shall be entitled, upon its request and wif�iour incuning expense, to review tl�e Architect's
insurance policies including endorsements thereto and, at the City's discretion, the Arehitect may be
required to provide proof of insurance premiurn payments.
6.10. The City shall not be responsible for the direct paym�n,t of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of Architect's indirect
overhead
6.i l. All insurance, except for the Professional Liability insuranee palicy, shall be writt�n on aa
occurrence basis.
6.12. The Prnfessianal Liability Policy shall be written on a"claims made" and shall he in effect for the
dnration of this agreement and for 12 months following ArchitecYs issuance of the Certificate af
Suhstantial Completion. The Architect's insrirer shall list the Ciry as a certiiicate holder for a
petiod of ten years faIlo�ring the iss�ance of tl�e Certi�icate of Su6stantial Completion by the
Arclutect. The City shall be notified at least 30 days prior to cancellation or substantial change in
co�erage.
6.13. Su�consultants to the Architect shaIl ba required by ihe Archiiect to maintain the same or reasonably
equivalent insurance coverage, except for Professional Liability Insurance, as rec�uired for the
Archikect. Architect shall pro�ide City with docutnentation thereof on certif �ates of insurance. The
Architect shall assure that Subeonsultants provide acceptabie and apprQpriate leveIs of Professional
LiabiIity coverage or ihat the Architect's coverage provides co�erage for the vvork of the
5uhconsultant. Notwithstanding anything to the contrary contained herein, in ihe event a
subcons�ltant's insurance coverage is canceled or terminated, such cancellation or termination shall
not canstitute a breach by Arciutect of the Agreement.
ARTICLE XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
1. City aclmowledges Architact will perform part of the work at City's facilities that may contain
hazardous materials, induding asbestos containing materials, or conditions, and that Architect had no
prior role in the generation, tr�atment, storage, or disposition of such znateriais. In consideration of the
associated risks that may giva risa to claims by third parties or employees of City, City agrees in so far
as permitted 6y law, to indemnify Architect from any and all losses, damages, claims, or actions
brought by third party or employees of City against Architect or Architect's employees, agents, offcers,
or directors, in any way ari�ing oui of the presence of hazardous materials or conditions at City's
facilities, axcept for claims shown by fmal judgment to arise out of the sole nagligence of Architect.
The Gity shalI de%nd at its own expense any suits of other proceedings brought against the Architect
and iis o�'"icers, agenfs, seirvants, and employees or any of them an account thereo£ Nothing herain
shall be construed sa as to require the City to levy or assess any tax.
2. In cannection with hazardous waste, including petroleam products, City agrees to tha maximum extant
permitted by law to defend, hold harmless and indemnify Arclsitecf fram a�d again.st any and aIl claims
and liabilities resulting from City's violation of any federal, state or local statute, regulation or
ordinance relating to the disposal of hazardous substances or constit�zents. Nothing herein sha13 be
construed so as to require the City to levy ar assess any tax.
3. The requirements contained in this Section shall not apply if the Architect introduces the hazardous
materials or conditions.
SECTION XIII RIGHT TO AUDIT , �
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Architect agrees that the City shall, until the expiration oithree {3) years after finaI payanent under this
Agreement, have access to and the right to examine any directly pertinent books, docurnents, papers
and records of the Aschitect involving transactions relating to this Agreement. Architect agrees that the
City shall have access during normal working hours to all necessary Architect iaciIities and shall be
provided adequate and appropriate workspace in order to canduct audits in eompliance with the
provisions of this section. 'I'he City shall give Architect reasanable advance notice of intended audits.
2. Architect further agrees to i�clude in all iis subcontracts hereunder a pro�+ision fia the effect that the
subconsultant agirees that the City shail, until the expiration af three {3) years after final payment under
the subcontract, have access to and the right to exami�e any directly pertinent books, documents,
papers and records oF such subeonsultant, involving transactions to the subcontract, and furthar, that
City shaIl have access during normal vvorking hours to all subeonsultant facilities, and shall be provided
adequate and appropriaie work space, in order to conduck audits in eompliance with the provisions of
this article. City shall give subcansultant reasanable adr�ance notice of intended audits.
3. Architect and Subconsultants agrae to photocopy sucfi prajeci-related documents as may be requested
hy the City. The City agt'ees to reimburse Architect and Suhconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
S�CTION XIV SUCCESSORS AND ASSIGNS
I. The City and the Architect each bind themselves, theit successors and assigns, to the other party to this
Agreement and to t�e successors and assigns of each otiser party in respect to all covenants of this
Agreement.
S�CTION XV ASSIGNMENT
1. Naither party hereto shall assign, sublet or transfer its interest herein vvithout prior wri�ten consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof withoui
such prior written consent shall t�e void.
5ECTION XVI 1NDEPENDENT ARCHITECT
Architect shall perform all wnrk 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 controI the details of tl�e uvoric performed f�ereunder, and all persons p�rForaning
same, and shall be solely responsihle for the acts and omissians of its officers, agents, employees and
Subcansnitants. Nothing herein shall be constr¢ed as creating a partnership or joint venture between
the City and the Architect, its officers, ageQts, employees and Subconsultants, and doctrine of
respondent superior has no apglication as hetween tl�e City and the Architect.
SECTION XVII M/WBE GOALS (NOT APPLICABLE}
SECTION XV1II OBSERVE AND COMPLY
If permitting authoritaes requue design chauges so as to comply with published d�sign criteria anci/or
c�urent design pract�ce standards that the Architect should have been aware of at the time this Ageement
was executed, the Architect shall revise plans and speeifications, as required, at its own cost and axpense.
However, if design changes are required due to the changes in tY►e permitting autt►prities' published design
criteria and/or practice standards criteria whicfi are published after the data af this Agreement which the
Architect couId not have been reasonably aware of, the Architect shall notify the City of such changes and
an adjustment in cotnpensation will be made t1�'ough an amendment to tlus Agreement.
SECTION XIX VENLIE
1. Venue of any suit or cause of action under this Agreement shall lie in Tarrant Connty, Texas.
IN TESTIMONY THEREOF, tl�e City of Fort WorEh has caused this instrument ta be signed in triplicate in
its name and an its behalf, by its City Manager and atiested by its City Secretary, with the C�rpaxate ��;.?
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affixed; and the Architect has also praperly exeeuted this instrument in triplicate copies, each of which is
deemed an original.
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�XECUTED IN THE CITY F FO T V�ORTH, TEXAS, THIS _ day of _ . A.D., __ __�,
By: ����/ � .4�PROVED:
William H. Blanlcenship
Quorurn Architects, Inc.
Of�ice (�Fr: _. :,�-�f �; �:''. � By: �
T�"f'1"�� � Assistant City 1Glana
APPROVAL RECOMMM�IDED: RECORDEI�': •
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BY� /� ~ BY� r _ __�
Director, Transportation and Public Wor�cs ity Swcretary
APPROVED AS TO FORM AND LEGALITY: , � --- � y.�,
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Sy: �'�� cont�a�t �,utho�i���i�n -'
�.�- City Attoxney .,.r...,�.-,.,. - � - - - -__..� �_ _� . _
Date: �f/�.$I�?/ �at�
The Texas Board of Architectural Examiners, $213 5hoa1 Creek Boulevard, Suite 10'7, Ausfin, Texas, 78758, ielephone (512) 305-
90QA,13as juxisdictio�� aver individuals licensed under the Architects' Registration Law, Taxas Civil Statutes, Article 249a,
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ARCHiT�CTIJRAL S�RVIC�S PROP�SAL
S�ACE NEED�AfVALYSlS
HARLEY STR��T SERVIC� CENTER
FORT WOR7H, TX
October 98, 20D2
QAI # 02194
This propos�d scope of work is Entended to communicate the efforts necessary to generally
achieve khe three criteria identified b�1ow:
a Revi�w exis#ing conditians, departments, persflnne�, materials, equipment, etc.
� Develop a projection of spac� ne�eds and re{atians�ips for �arious divisions, personnel,
materEals, equipments, etc.
o Pravide a� assessmeht of build-c�uk space requirements for a relocated servic� center
ir�eluding a conceptual site masker plan including space relationships, including an
estimate of th� currer�# probabl� cost flf construction of a facility.
ft is anticipated that the project will be completed �n two phase�;
'{. NeedsAssessrn�nt, 2.'Gancep#ual 5ite Plans
The propased scope for each phase is 9dantified below:
PHAS� 1: N�EDS ASS�SSMENT
1.1 Facilitate a project kick-off ine�ting with the City represer�ta#ives to cievelop a project
understanding and fo identify expectations.
1.2 Observe and analyze current key operations of various divisians and departments at
Harley Stree# SeNice Center.
� 1.3 GatY�er data, evaluate existing condiiions, and d�velop projections of th� following
departments and functions, for facility operations.
�quipm�nt Ser►rices
• Fueling Acti�ities
• Wa�hing
• Par�s and Materials
5treets
Traffic
��GI�It1�5
1,4 �'acilitate a meetEng with users and administration to discuss r�lative issues that rnay
aifect kotal site area nee�ls such as a publiclprivate access, buffer yards, security,
screening, Ciky ordinances, etc.
1.5 Devebp depar�m�ntal questio�naires as appropri�te,
1,6 Conduct meetings with variaus daily users, stafF, and admin9sfratton.
1.7 Facilitate individual interv�ews as appropriaie.
'�.8 Review current anc! projected operational procedures.
1.9 Qevelap space needs matrix (including building areas, parking ar�as for City and POV,
and storage areas) as a part af a building and sita program of spaces.
1.1� Develap a Sp�ce Needs qocument Encluding the summary matrix.
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PHAS� 2: Conceptual Site Plan
2. � Develop preliminary probabfe costs based an �'ecent service center proj�cts.
2.2 Coliect data and consult with City officials for zoning, setbacks, lend use, and
landscaping.
2.3 Re�view unique requiremenfs for equipment, work bays, stQrage, artd fueling, etc.
2.4 Analyze the existing and patential site constraihts re{ative to the following:
• F'ublic vs. private access and circufation
- Ufilities
• Vehicular and equipment parking and circulation
• indoor Sfarage
• Bulk Storage •
• V11ork bay orientafiian
• Seeurify contro!
• �mplayee manitor�ng
• Site ingress/egress
• Schedul� of operat�on .
• Vendorac�ess .
2.4 Develap a conceptual master plan:
• Phasing
• Departmental Relationships
�. y Petroieum dis#ribution
� Pedestrianl�ehicular circulation
• Efficiency
• Site Features
� Vehicular parking and staging areas
• Departmental st�ging activities a�d areas
2.5 Me�t with appropriate City staff to discuss priorities, growth, master planning and
phasing elernents, sueh as, circufation, access, locatian, etc.
2.6 Review the fina! draft with the appropriate personr�el.
2.7 Incor�arate comments and deliver 15 (fi�teen).Final Documents in 8'/" x 11" format.
2.8 SCH�DULE:
The tol[awing ar�tici�ated schedule is proposed for this projeci:
Phase 1: Needs Assessment
Phase 2; Cor�cept�aal Site Plan
COMPENSATION:
Na�ember 1�— I�ovemlasr 31
December 1 — December 2D
The followirtg compensatian scheduEe is proposed for this project with invoices being
pr�sent�d monthly based an percent of work comple#ed.
Phase 1: $8,�00,00
Phase 2: $2.504.00
Total Cantract $11,aoa,Od