HomeMy WebLinkAboutContract 32919 CITY SECRETAfJy
CONTRACT NO. 322a
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant,Denton,and Wise Counties,Texas,hereinafter called the"City",
acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and Perkins + Will,
hereinafter called the "Architect", acting herein by and through Philip Callison, its duly authorized
representative, for the purpose of developing a preliminary program and budget for a future Fort Worth
Police Administration Building.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained,City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Develop a preliminary program and budget for a future Fort Worth Police
Administration Building. The existing facility is located at 350 Belknap Street in Fort
Worth,Texas.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1.Project Manager: Dalton Murayama,AIA,Architectural Services Manager
1.2. Architect
1.2.1. Principal in Charge: Philip Callison,AIA,LEED,AP
1.2.2.Project Coordinator: Kip Schecht,LEED,AP
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relative to the
assignments and review available data.
2. Architect agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Assignment at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in performing
services hereunder),and act as City's representative in connection with any such services of others.
4. The Architect shall pay for the printing of contract documents required for programming anN r 1
submittals and presentations as a part of the reimbursable allowance. u��l 'l}Ak,EC 02
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5. The Architect shall perform services as outlined in the Perkins + Will (Philip Callison) Email dated
October 31,2005at 5:00 PM(attachment"A")attached hereto and incorporated herein..
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City, Architect shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not included as part of the Basic Services
outlined in SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $5,000, hereinafter
referred to as the"total fee",up to$250 in reimbursable expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
I.I. Submission of Preliminary Programming and Budget 80%
1.2. Final acceptance of the Submittal by the City 100%
1.3. Reimbursement of allowable expenses shall not exceed $250 and shall be payable monthly as
allowable expenses are incurred. Allowable expenses include:
1.3.1.Printing Costs
1.3.2.Enhanced CAD drawings for public and City meetings.
1.3.3. Long distance phone calls
1.3.4. Postage and courier expenses
1.3.5.Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS.....NOT APPLICABLE
SECTION VII METHOD OF PAYMENT
1. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Assignment until completion. If City fails to make any payment required herein for
services and reimbursable expenses within sixty days after approval of Architect's statement thereof,
Architect may, after giving seven days written notice to City, suspend services under this Agreement
until Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Preliminary Programming and Budget Phase:
1.1. The Architect shall visit the site and make himself familiar with the scope of the assignment
2. All documents and other work products of the Architect, whether in hard copy or in electronic form,
are instruments of service for this Project,whether the Project is completed or not. Reuse,change, or
alteration by the City or by others acting through or on behalf of the City of any such instruments of
service without the written permission of the Architect will be at the City's sole risk. The City shall
Paget
own the final documents. Transfer of ownership of the contract documents does not constitute sale of
the documents
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Assignment.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Assignment and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon
public and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections
V and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Consultant, its officers, agents, employees and Subconsultants, for
the accuracy and competency of the services performed under this Agreement, including but not
limited to surveys, location of subsurface investigations,designs,working drawings and specifications
and other Engineering documents.
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2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Engineering documents by the
Consultant, its officers, agents, employees and Subconsultants, it being the intent of the parties that
approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this connection the Consultant shall indemnify and hold the City and all its officers,agents,servants
and employees harmless from any loss, damage, liability or expenses, on account of damage to
property and injuries, including death, to all persons, including but not limited to officers, agents, or
employees of the Consultant or Subconsultant, and all other persons performing any part of the work
and improvements, which may arise out of any negligent act, error or omission in the performance of
the Consultant's professional services or in the preparation of designs, working drawings,
specifications and other documents.
4. The Consultant shall defend at its own expense any suits or other proceedings brought against the
City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Consultant to indemnify or hold the City or any of its officers, agents,
servants or employees harmless from any loss, damages, liability or expense, on account of damage to
property or injuries to person caused by defects or deficiencies in design criteria and information
provided to Consultant by City, or any deviation in construction from Consultant's designs, working
drawings,specifications or other documents.
5. Without limiting the above indemnity, Consultant shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B:Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease—per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per occurrence
$2,000,000 Project aggregate
6. Consultant shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to
City. The City reserves the right to revise insurance requirements specified in this agreement to the
best interests of the City.
OPHICIM
Page 4 CIE u 6MIC'HUU
FY. ' Y YES,
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The tern "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent
to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of the Consultants
general overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the
Consultant's insurance policies including endorsements thereto and, at the City's discretion, the
Consultant may be required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a"claims made" and shall be in effect for
the duration of this agreement and for 12 months following Consultant's issuance of the
Certificate of Substantial Completion. The Consultant's current insurer shall list the City as a
certificate holder for a period of ten years following the issuance of the Certificate of Substantial
Completion by the Consultant. The City shall be notified at least 30 days prior to cancellation or
substantial change in coverage.
8. The City shall require its General Contractor to include the Consultant as an additional insured on its
general liability insurance.
SECTION XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
1. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation,treatment,storage,or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City,City agrees in so far
as permitted by 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,
officers, or directors, in any way arising out of the presence of hazardous materials or conditions at
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City's facilities, except for claims shown by final judgment to arise out of the sole negligence of
Architect. The City shall defend at its own expense any suits of other proceedings brought against the
Architect and its officers, agents,servants,and employees or any of them on account thereof. Nothing
herein shall be construed so as to require the City to levy or assess any tax.
2. In connection with hazardous waste, including petroleum products, City agrees to the maximum extent
permitted by law to defend, hold harmless and indemnify Architect from and against any and all
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 constituents. Nothing herein shall be
construed so as to require the City to levy or assess any tax.
SECTION XIII RIGHT TO AUDIT
1. Architect agrees that the City shall,until the expiration of three(3)years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that
the City shall have access during normal working hours to all necessary Architect facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall,until the expiration of three(3)years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
City shall have access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. City shall give subconsultant reasonable advance notice of intended audits.
3. Architect and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves, their successors and assigns,to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
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SECTION XVII M/WBE GOALS.....NOT APPLICABLE
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State laws and regulations and
with all City ordinances and regulations which in any way affect this agreement and the work
hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend,
indemnify and hold harmless City and all its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,ordinance,or regulation,whether
it be by itself or its employees.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each
party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
IN TESTIMONY THEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS 30th day of August,A.D.,2005.
By: APPROVED:
Philip L. Callison,AIA,LEED
Per ' +Will
By:
Associate P ' ipal Marc Ott
Assistant City Manager
x.
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APPROVAL RECOMMENDED: RECORDED:
By: By:
Robert Goode,Director Marty Hendrix
Transportation and Public Works Department City Secretary
NO M&C REQUIRED
APPROVED AS TO FORM AND LEGALITY:
By: Date:
Amy Ramse
Assistant City Attorney
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-
9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
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Page 8
Murayama, Dalton
From: Callison, Philip [Philip.Callison@perkinswill.com]
Sent: Monday, October 31, 2005 5:00 PM
To: Murayama, Dalton
Subject: RE: Police Administration Building
Dalton,
Here is the Fee Proposal for the Fort Worth Police Administration project that we discussed. Please let me know if you have
comments. Thanks again!
Phil Callison, AIA LEEDTM AP
6200 North Central Expressway, Dallas, Texas 75206
t: 214.775.4817 f: 214.775.6201 www.perkinswill.com
Perkins+Will. Ideas + buildings that honor the broader goals of society
This email and any files transmitted with it are confidential and intended solely for the addressee. If you are not the named addressee you should not disseminate,
distribute.copy or alter this email.
From: Murayama, Dalton [mailto:MurayaD@ci.fort-worth.tx.us]
Sent: Thursday, October 20, 2005 4:44 PM
To: Callison, Philip
Cc: Cook, Clifford; Murayama, Dalton
Subject: Police Administration Building
Phil, Dep Chief Cook just called as he reverified the employee figures. Let's plan on 350 employees (this includes the
+10%)and 400 parking spaces (employees and visitors).....both 350 and 400 are for the end position. Yesterday, we
discussed 400 employees and 400 parking spaces as the end position. PIs call if you have any questions. Thanks, Dalton
11/30/2005
October 31, 2005
Mr. Dalton Murayama,AIA
Architectural Services Manager
City of Fort Worth
319 West 10`h Street
Fort Worth, Texas 76102-4616
Re: A/E Fee Proposal for Needs Assessment for Fort Worth Police
Administration Building
Dear Dalton:
It is with great pleasure that we submit our fee proposal to develop a Preliminary
P E R K 1 N S Program and Budget for the future Fort Worth Police Administration Building. I
enjoyed meeting with you and Deputy Chief Cook to discuss this project. My
& W I L L understanding of the scope of work, and proposed scope of services and
compensation is outlined below.
Architecture • Interiors• Planning
SCOPE OF WORK:
Perkins&Will
6200 North Central Expressway
Dallas TX 75206 USA The City of Fort Worth is in the early planning stage of a new Police
214.775.6200 Fax 214.775.6201
www.perkinswill.com Administration Building to replace the current facility at 350 W. Belknap Street.
We understand that there are discussions under way with Tarrant County to sell
Atlanta.Los ston-Angeles- iami/R Minneapolis
NowY York
the existingfacilityto the count for their use. The future location of the new
Los Angeles�Miami�Minneapolis•New York Y
Police Headquarters Building has not been finalized but a 100 acre site for a
future campus has been discussed. Per our conversation, the city would engage
Perkins+Will to develop a Preliminary Program and Budget that defines the size
and cost of the future facility. The building is to be planned for a maximum of 350
employees which includes 10% growth, and 400 total parking spaces including
visitor parking.
SCOPE OF SERVICES:
Perkins+Will will meet with designated Police Department personnel in order to
adequately define space requirements for the future facility. A Draft Preliminary
Program document will be developed and distributed for review. Comments from
this review will then be incorporated into the Preliminary Program document. At
this time, a Preliminary Program Budget will be developed that includes all
building and site costs, FF&E costs, and soft costs (design and engineering
fees). The completed document will be presented to City and Police personnel
and final revisions will be incorporated into the document.
SCHEDULE:
After our first meeting, we anticipate a schedule of 2 to 4 weeks to complete this
study. Once this meeting has been set, we will develop a schedule for this
project.
COMPENSATION:
For Basic Services rendered assuming the project understanding as outlined
above, shall be on a lump-sum basis for a total compensation of$5,000 and
No/100 Dollars plus Reimbursable Charges.
ADDITIONAL SERVICES:
All services beyond the Scope of Services outlined above will be billed hourly per
Perkins+Will's standard billing rates. Services will be performed only after
receiving written authorization by the City of Fort Worth.
REIMBURSABLE CHARGES:
Reimbursable Charges include the costs of travel and out-of-town living
expenses; long distance communications; reproduction and mailing; data
processing; plotting charges; photographic production techniques; and any state
or local taxes imposed on services by the Architect for the Project.
PAYMENTS:
Payments for Basic and Additional Services rendered and for Reimbursable
Charges shall be made monthly upon presentation of the Architect's invoices.
Payments due the Architect will include a service charge of one and one-half
percent(1.5%)per month or the maximum permissible by applicable law,
whichever is less, on any amount not paid within thirty(30)calendar days after
the date of an invoice.
The Perkins &Will Team looks forward to the opportunity to working with you and
help you achieve your goals, objectives and dreams.
Sincerely,
Phil Callison, AIA
Perkins&Will
Associate Principal
CA\Documents and Settings\CallisonP\Desktop\Fort Worth Police Admin Fee Proposal.doc