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HomeMy WebLinkAboutContract 41237CITY SEGREIARYLT m CONTRACT N0. STATE OF TEXAS KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § into� 15ecYttkxV, 20�`�bTMS AG EMENT, entered the ! day of L y and between the City of Fort Worth, a home -rule municipal corporation of Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter called the "City", and Alice Cottrell Interior Design, an independent contractor, acting by and through Alice Cottrell, its duly authorized representative, hereinafter called "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WLTJNESSJI1TEI That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrdes to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services generally include interior design services for a Temporary Heliport for the City of Fort Worth ("Proj ect"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated an amount not to exceed $12,000.00 plus reimbursable expenses in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 12-I��-fin ► it L Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or .liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of three months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1 To the best of its professional ability, all work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liabihty of Consultant or its officers, agents, employees contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2 In this connection, Consultant shall indemnify, hold harmless and defend the City and all of its officers agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Consultant, employees of subcontractors, and all other persons performing work incident to this Agreement. Consultant shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Consultant its officers, agents, •employees or subcontractors. 1) ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100 000 each accident $500,000 disease - policy limit $100,000 disease - each employee Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Department of Aviation, Attention: Aya Ealy, Administrative Manager, 4201 N. Main, Suite 200, Fort Worth, TX 76106, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable m the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 2 J- f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified. amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 8 TERMINATION OF CONTRACT Section 1. City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. n Section 2. If City chooses to terminate this Agreement under Article 8 hereof, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement including the original drawmgs, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three. (3) years after fmal payment under this Agreement, have access to and the right to examine any directly pertinent books documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace m order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examme 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 Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 10 NON-DISCRIMINATION Consultant shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, sexual orientation, national origin, ancestry, disability, or place of birth Consultant shall take action to ensure that all persons are employed and/or treated without regard to their race age, color, religion, sex, sexual orientation, national origin, ancestry, disability, or place of birth This action shall include, but not be limited to the following: employment, promotion, demotion, transfer, working conditions recruitment, layoff, termination, rates of pay or other forms of compensation, and training opportunities. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liabihty arismg out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 12 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remamder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 4 ARTICLE 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 return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Aya Ealy 4201 N. Main, Suite 200 Fort Worth, Texas 76106 Consultant: Alice Cottrell Interior Design Attn: Alice Cottrell 2636 Elm Street, Suite E Dallas, Texas 75226 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. IN WITNESS THEREOF,the parties hereto have made and executed this Agreement in multiple originals le on inals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: CONSULTANT: Alice Cottrell Interior Design 44404•04 Cota Fernando Costa �•' `� " Alice Cottrell Assistant City Manager RECOMMENDED: Kenneth L. Penney, Jr., Director Department of Aviation APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Marty Hendrix City Secretary 19\\‘c\00 Date AUTHORIZATION: M&C Not Required ,oscodAinnal-trti, 4>e* c in i k% .47 no°00°000,,, fa ,\ 0 cop 0 011 c'3 sim� y, o 40 0 a oIT ' 0 0 A 9) o 0 )1 0 0 0 11* bileXtk%). ' r 000000 ,Cy Q CAA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX atzsiaa Attachment A SCOPE OF INTERIOR DESIGN SERVICES A) SCHEMATIC DESIGN PHASE 1) Using existing floor plan provided by Kent Penney, Aviation Director to prepare preliminary furniture floor plan indicating furniture, rugs, decorative lighting and artwork layouts. Present loose presentation of furniture, rugs, fabric, decorative lighting and artwork. B CONTRACT DOCUMENT AND PURCHASING PHASE 1- tvJ 0 1) Based upon the approval of the Schematic Design Phase (Loose Presentation), prepare four et) sets of Specifications, Line Item Budgets, Furniture Floor Plans and Finish Schedule Sample books for purchasing: a. Kent Penney, Aviation Director b. Alice Cottrell, Interior Designer / Rick Rotas, Interior Designer c. Epic He1tt opters d. Contractor C) CONSTRUCTION AND INSTALLATION PHASE (Begin installation January 17, 2011 and complete by January 21, 2011) 1) Visit the site regularly to review progress and quality of the work to determine if the work is being performed in accordance with the design intent. Designer will make enough site visits to satisfactorily complete the job. 2) Available to the Contractor to answer any questions. 3) Place and install all furniture, decorative lighting, rugs, artwork and accessories with selected installers. D) DISASSEMBLY OF SPACE 1) Date to be coordinated with Aviation Department. 0 Attachment B Fee Schedule Schematic Design Phase (A) Contract Document and Purchasing Phase (B) Construction and Installation Phase (C) Disassembly of Space Phase (D) Total Any hand or computer renderings are an additional charge. $ 3,000.00 3,000.00 4,000.00 2.000.00 $12,000.00 Reimbursable expenses are not included in the flat fee. These expenses include, but are not limited to express mail and couriers. All invoices provided by the Designer are due and payable within thirty (30) days of the billing dates unless otherwise stated. A finance chatge may be applied in compliance with Texas State Law to any amounts that remain unpaid moi e than 30 days. Designer reserves the right to stop work without a penalty if an invoice is not paid within sixty (60) days. Additional services will be provided by the Designer if requested and confirmed in writing by the Owner or their reptesentatives. Additional services will include revisions to existing drawings, specifications or other documents when such revisions are inconsistent with approvals or instructions previously given by Owner or their representatives. Hourly Schedule for Additional Services Category Principal Draftsman Hourly Rate $150.00 $100.00 10 Worker's Compensation Proposal Proposed with Hartford Accident and Indemnity Insurance Company 12/10/2010 to 12/10/2011 Part I — Workers' Compensation Insurance (Coverage A and C) Statutory Coverage as provided by the following states: Texas Coverage includes Medical and Loss of Income Benefits for injuries arising out of a work related injury. Part II — Employers Liability Insurance (Coverage B) Limits of Insurance Bodily Injury By Accident Bodily Injury By Disease Bodily Injury By Disease Rating Information: State: Texas Location: 01 Class Description: Rate: Code 8601 Architect Or Engineer - Consulting State Recap: Total Class Premium Total Estimated Annual Standard Premium Blanket Waiver of Subrogation Expense Constant 0900 Terrorism (9740) 69,800 Total Estimated Annual Premium 100,000 500,000 100,000 Premium Basis (Rate per $100 of Exposure) Each Accident Policy Limit Each Employee .35 69,800 $ .0240 Class Premium: 244.00 244.00 244.00 5.00 180.00 17.00 446.00 Cert ID 8644 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/10/2010 PRODUCER McLaughlin Brunson Insurance Agency, LLP 6600 LBJ Freeway, Suite 220 Dallas TX 75240 (214) 503-1212 (214) 503-8899 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Alice Cottrell Interior Design 2936 Elm Street, Suite E Dallas TX 75226 INSURER A: Hartford Acc. & Ind. Ins. Co. 22357 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFECTIVE (MDD/YY) LICY EXPIRATION POLICY DATE (MM/DD/YY) LIMITS GENERAL LIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) $ CLAIMS MADE J OCCUR - MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY n JECOT- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 46WBCZT1518 12/10/2010 12/10/2011 X VVC TORYRY U- ULIMIMITS OTH- ER EMPLOYERS' UABIUTY E.L EACH ACCIDENT $ 100, 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 If SPECIAL yes, describe PROVISIONS under below E.L. DISEASE - POLICY LIMIT $ 100, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Master Certificate SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL. NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ►�� STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: ALICE E COTTRELL ADDRESS OF NAMED INSURED: 2936 ELM ST STE E DALLAS TX 75226-3351 POLICY NUMBER G415046-004-43R EFFECTIVE DATE OF POLICY 09-04-2010 DESCRIPTION OF VEHICLE (Including V1N) 09 BMW 328I WBAPA73549E128407 LIABILITY COVERAGE ❑ YES ■ NO ■ YES D NO ❑ YES ■ NO D YES ❑ NO LIMITS OF LIABILITY a Bodily Injury Each Person 100/300/50 100 Each Accident 300 b. Property Damage Each Accident 50 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a. Comprehensive ® YES $ 200 O NO Deductible D YES ❑ NO $ Dedudibte• ■ $ YES ❑ NO Deductibb $ YES ■ NO Deductible b. Collision ® YES $ 1o00 ❑ NO Deductible ■ $ YES ❑ NO Deductible $ YES ❑ NO Deductble D YES ■ NO Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE ❑ YES ❑ NO YES ■ NO YES ■ NO D YES D NO HIRED CAR LIABILITY COVERAGE ❑ YES ■ NO ■ YES ■ NO DYES NO ❑ YES NO FLEET COVERAGE FOR ALL OWi4FDANDLICENSED MOTOR VEHICLES ■ YES Signature of Authorized Representative Name and Address of Certificate Holder ■ NO • ❑ YES ■ AGENT NO YES ❑ No 7271 ■ Title Agent's Code Number Name and Address of Agent YES [] NO 12/10/2010 Date BMW BANK OF NORTH AMERICA PO BOX 390911 MINNEAPOLIS, MN 55439-0911 SANDRA TROLLINGER, AGENT STATE FARM INSURANCE 9200 LAKEVIEW PKWY ROWLETT, TX 7508O 972-463-6989 OFFICE 972-463-5898 FAX NTERNAL STATE FARM USE ONLY- 122428.3 Rev.07-26-2005 ■ Request permanent Certificate of Insurance for liability coverage. 0 Request Certificate Holder to be added as an Additional insured.