HomeMy WebLinkAboutContract 30559 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRA.NT §
THIS AGREEMENT is made and entered byand between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by
and through Marc Ott, its duly authorized Assistant City Manager, and Studiorotan, hereinafter called the
"Consultant" for the purpose of providing master site planning and facility programming consultation
services for the City's Evans and Rosedale Village Renewal Project.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and
Consultant do hereby covenant and agree as follows:
SECTION I SERVICES OF THE CONSULTANT
1.1 The City hereby contracts with Consultant as an independent contractor, and the Consultant 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:
1.1.1 Master site plan consultation for the 15 acre Evans and Rosedale Village
1.1.2 Programming consultation for a 43,000 square foot Public Health CenterBraach Library
complex
1.2 The Scope of Services is further detailed in Attachment l
SECTION II PERSONNEL.
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
I.1.1.Project Manager: Nancy Richardson.
1.1.2.Lead for the Master Planning phase: Patrina Newton
1.1.3.Lead for the Architectural Design phase: Nancy Richardson
1.2. Consultant
1.2.1.Principal in Charge: Renee Kemp-Rotan
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF CONSULTANT'S SERVICES
1. Consultant shall consult with the City to clarify and define City's requirements relative to the
assignments and review available data-
2.
ata2. Consultant agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Consultant 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 Consultant is not to provide hereunder but on which Consultant may rely in
performing services hereunder), and act as City's representative in connection with any such services
of others.
4. The Consultant shall pay for the printing of documents required for submittals and presentations as a
part of the reimbursable allowance.
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5. The Consultant shall perform the master site plan and facility programming consultation as outlined
in Attachment 1, Scope of Services,which is attached to and made a part of this Agreement.
SECTION IV SPECIAL SERVICES OF CONSULTANT
1. If authorized in writing by City, Consultant 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 CONSULTANT and the Consultant's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO CONSULTANT
1. The total compensation for all of the assignments to be performed by Consultant as described in
CHARACTER AND EXTENT of CONSULTANT'S SERVICES hereof shall be $17,200 hereinafter
referred to as the"total fee", plus up to$4,500 in reimbursable expenses.
1 Consultant shall be paid the following percentages of the total fee at the following stages of the
project:
1.1 Master Site Plan 60%
1.2 Programming 40%
1.3 Reimbursement of allowable expenses shall not exceed $4,500 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.
1.33 Out of state travel expenses
1.3.4 Long distance phone calls
1.3.5 Postage and courier expenses
Reimbursement of other expenses not listed herein are subject to the written approval of the City.
SECTION VI METHOD OF PAYMENT
1. The Consultant shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Consultant, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Consultant. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. 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 reimbursables within sixty days after approval of Consultant's statement thereof;
Consultant may,after giving seven days written notice to City,suspend services under this Agreement
until Consultant has been paid in full all amounts due for services actually performed and
reimbursables incurred.
SECTION VII 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 Consultant 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 Consultant to enter upon
public and private property as may be required.for Consultant to perform services hereunder.
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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 CiWs policies and decisions with respect to Consultant's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Consultant in
the development of the design.
7_ Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Consultant, obtain advice of an attorney, insurance counselor and other Consultants 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 Consultant.
8. Provide"Front End",including Division I requirements,for use in assembling the Project Manual.
9, Prepare easements and right-0f--way acquisition conveyance documents, from description provided by
Consultant, contact owners, negotiate for or condemn all easements and right-0f--way, pay all filing
and legal fees associated therewith.
10. Provide such legal, accounting,insurance and other counseling services to City as may be required for
the Assignment.
11. Manage the advertisement and bidding of the project, issue addenda,distribute bid documents, award
contract,and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors marked up field drawings to the Consultant for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Consultant. This includes
fees charged by Oncor for new or revised service.
16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this Section.
SECTION VIII TERMINATION
1. The City may terminale this Agreement at any time for convenience or for any cause by notice in
writing to the Consultant Upon receipt of such notice, the Consultant 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
Consultant 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. Consultant shall also be compensated for all termination-related
expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided,
however, Consultant shall not be entitled to any compensation that exceeds the total fee to be paid
hereunder at the applicable phase as stated in Article V,Paragraph 2_
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3. Upon early termination or conclusion of this Agreement, the Consultant 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
ner
it desires. The Consultant shall not be liable for the use of such materials for any project other than
the project described in this Agreement.
SECTION IX HAZARDOUS MATERIALS
1. City acknowledges Consultant will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Consultant 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 hereby
releases Consultant from any damage or liability related to the presence of such materials.
2. The release required above shall not apph, in the event the discharge, release or escape of hazardous
substances, contati inants, or asbestos is a result of Consultant's negligence or if Consultant brings such
hazardous substance,contaminant or asbestos onto the project
SECTION X 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 the Consultant involving transactions relating to this Agreement. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
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 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
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. Consultant and Subconsultants agree to photocopy such project-related documents as may be
requested by the City. The City agrees to reimburse Consultant and Subconsultant for the costs of
copies at the rate published in the Texas Administrative Code.
SECTION XI SUCCESSORS AND ASSIGNS
1. The Citv and the Consultant 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 X11 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 XIII INDEPENDENT CONSULTANT
I. Consultant shall perform all work and services hereunder as an independent Consultant, 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 the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employes and
Paged
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Consultant.
SECTION XIV OBSERVE AND COMPLY
1. Consultant 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. Consultant 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 XV 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 parry 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 Consultant has also properly executed this instrument in triplicate copies, each of
which is deemed an original. '���
EXECUTE TEX
THE CITY O F RT WORTH, AS,THIS�day of A.D.,��'U
By: APPROVED:
Principal's ame/ atu
"Consulame
J�J
Office( sident or Vice- sident) By:
ssi ant C' nager
APPROVAL RECOMMENDED: RECORDED:
By. By.
Transportation and Public Works City Secretary
APPROVED TO FO AND LEGALITY:
By: Date:
Assistant CITY Attorney
60 i�� U&n(
Contract Authorization
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Date
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 Consultants'Registration Law,Texas Civil Statutes,Article 249x,
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ATTACHINENT 1
SCOPE OF WORK
EVANS & ROSEDALE VILLAGE RENEWAL PROJECT
A. Master Plan
Task I: Towards the Development of a Cultural Heritage District
Masterplan/Philosophy: Studio-Rotan will work directly with all other team
members to collaborate on the development of the design philosophy for the
masterplan that separates it from traditional planning thought, as expressed in the
original proposal. This philosophy will promote community based asset planning,
cultural heritage tourism, theme retail, the production of new housing that preserves
historic characteristic and the development of new markets in an old community.
Content: Towards the Development of a Cultural Heritage District
Masterpla n/Ph ilosophy:
* Cultural Heritage and the Power of Place
* Community Asset Based Planning Approach
* Previous Fort Worth Planning Documents
* Program and Project Descriptions
* Establishment of the Benchmarks
Deliverable: The Design Philosophy Chapter that focuses on Community Asset Based
Planning Approach that uses the positive attributes of an neighborhood and then
embellishes those assets to sell to the larger community for political and economic
support. This chapter sets the stage for the planning and development recommendations
that are to come, taking into account previous planning activities undertaken by the City
of Fort Worth.
Task H: Implementation Plan: Studio-Rotan will work directly with the team to
help write the final implementation strategy. This includes taking the submissions
of the team and producing recommended implementation actions, strategies,
schedules, and possible funding sources. This chapter will ser4ve as prerequisite to
the scope of work intended for any development concern in the next and final stage
of the project.
Deliverable: Report that puts the master plan recommendations into definitive action
terms. Charts, Graphs, Matrices, and recommended implementation schedule for all
recommendations with notations regarding organizational and agency responsibility.
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B. Facility Programming
Studiorotan will collaborate with other design team members to assess the requirements
of the three building and produce a programming document that will address the goals,
needs and spatial requirements of the Public Health and Library Departments. The
specific focus and unique contribution of Studiorotan with regard to programming, and
the deliverables associated with this contribution,will be definitized with Stanley Love-
Stanley and presented to the City for concurrence.
C. Public Art
Studiorotan will work with Martha Peters, Fort Worth Public Art Director, to work
toward development of a Public Arts Heritage Tourism Masterplan with
appropriate community based images and multi-media techniques that also include
but are not limited to FilmNideo/document "stories worth sharing" and
"memories" as part of community based asset approach. The desired end product, if
funding can be identified,will a Public Arts Heritage Tourism Masterplan with film
documentation including neighborhood walkthroughs to gain insight on those places
and locations within the community that represent place-makers and long-memory
sites that must figure prominently in the development of the individual public
building programming and design as part of the final masterplan. These public arts
activities that also will include image data collection and film making will utilize the
seminal principles of H. Holly Whyte, where focus is on neighborhood development
as behavioral science. These public arts activities that also will include image data
collection and film making once completed will be left to the Library for its Archives
on the Evolution of Neighborhood. These public arts activities that also will include
image data collection and film making will jumpstart the"Stories Worth Sharing"
project that captures the memories of the elderly and newcomers to the
neighborhood in ways that reinforce the power of Evans-Rosedale as an important
place with an important history and important future.
Studiorotan will therefore work with Marta Peters to 1) program artists
participation in providing heritage projects within the public realm, and; 2) to
manage the process of public arts interventions in the design of public buildings,
Tommy Tucker,Public Health Dept. and Library.
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