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HomeMy WebLinkAboutContract 41295CLTY SECRETAF CONTRACTNQ. y" STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIS AGREEMENT (the "Agreement") is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called the "City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and Hahnfeld Hoffer Stanford, Inc., hereinafter called the "Architect", acting herein by and through Eric L Hahnfeld, AIA, its duly authorized representative, for the purpose of providing CADD verification services of existing conditions, architectural design and construction phase services for the renovation of the Coliseum's restrooms at the Will Rogers Memorial Center located at 3401 West Lancaster Avenue in Fort Worth, Texas. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein contained, the City and the Architect do hereby covenant and agree as follows: SECTION I — SERVICES OF THE ARCHITECT 1.1 The City hereby contracts with the 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 the Project: Provide updated, field -verified and dimensional Computer -Aided Design & Drafting (CADD) drawings in AutoCAD format of the existing Coliseum building to include the concourse, concession stands, and entries to the facility, restrooms and ancillary rooms off the main concourse; and not including the arena, to help establish basic quantities and extent of finishes. The generated CADD drawings survey will be used to provide design and construction documents services for the renovation & improvement of the existing restrooms facilities. The scope of services will include revising and refurbishing existing fourteen (14) large restrooms and a maximum of four (4) one - stall small restrooms to provide a new finish material/color palette, new plumbing and lighting fixtures and to upgrade the HVAC requirements for these restrooms. In some areas, a new restroom fixture layout will be required. SECTION II — PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.1.1. Project Manager Alfonso Meza, Registered Architect 1.2. Architect OFFICIAL RECORD CITY SECRETARY ET. WORTH, TY Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 1 of 12 14 Dec 2010 1.2.1. Principal in Charge: David R. Stanford, AIA 1.2.2. Project Manager: Tamara Bopp, RID, IIDA 1.2.3. Project Designer: Jill Hair, RID, IIDA 2. Neither party may change key personnel without the prior written agreement of the other party. SECTION III — CHARACTER OF THE ARCHITECT'S SERVICES 1. The Architect shall consult with the City to clarify and define City's requirements relative to the Project and review available data 2. The Architect agrees to commit the personnel to each assignment of the Project as necessary in order to complete the Project 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 Project at City's cost and expense (which services and data the Architect is not to provide hereunder but on which the 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 design submittals and presentations as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in the Hahnfeld Hoffer Stanford's two letters: the first letter dated May 10, 2010 and revised September 1, 2010 subject: Interior Design Services, Will Rogers Memorial Center, CADD Verification, and the second letter dated May 10, 2010 and revised September 22, 2010 subject: Interior Design Services Will Rogers Memorial Center, Restroom Renovation. Both referenced letters are attached hereto and incorporated herein as Attachments "A" and "B" respectively and made a part of this Agreement. If any conflict arises between the Exhibits and the Agreement, the terms of the Agreement shall control. 6. If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. The Architect shall not perform any additional services without a written agreement with the City Any services provided prior to reaching an agreement on additional fees will be non-compensable. 7. The Architect shall apply for building permits and provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. SECTION IV — SPECIAL SERVICES OF THE ARCHITECT 1. If authorized in writing by the City the Architect shall furnish or obtain from others special services necessary to complete the Project. These special services are not included as part of the Basic Services outlined in SECTION I - SERVICES OF THE Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 2 of 12 14 Dec 2010 ARCHITECT and Attachments "A" & "B." These special services will be paid for by the City as indicated in SECTION V — COMPENSATION TO THE ARCHITECT SECTION V — COMPENSATION TO THE ARCHITECT 1 The total compensation for all of the assignments to be performed by the Architect to complete the Project as described in SECTION III - CHARACTER AND EXTENT OF THE ARCHITECTS SERVICES and Attachments "A' & "B" hereof shall be $101,500.00, hereinafter referred to as the "total fee," plus up to $10,000.00 in reimbursable expenses. 2. The Architect shall be paid the following percentages of the total fee at the following stages of the project: 2.1 Completion of Schematic Design 20% 2.2 Completion of Design Development and cost estimates 40% 2.3 Completion of Construction Documents 75% 2.4 Action by the City Council to accept bids 80% 2.5 Final Acceptance of the Project by the City 100% 2.6 Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: 2.6.1. Printing Costs. 2.6.2. Enhanced CADD drawings for public and City meetings. 2.6.3 Long distance phone calls. 2.6.4. Postage and courier expenses. 2.6.5. Other costs with prior City's approval. SECTION VI — RESPONSIBILITY FOR CONSTRUCTION BUDGET 1. The Construction Budget for the Project is $370,000.00 In the event the City abandons the Project, the City may terminate this Agreement, and the Architect shall be entitled to completed stage in SECTION V — COMPENSATION TO THE ARCHITECT paragraph 2 above plus allowable reimbursement. 2. The Architect shall inform the City in writing of the probable construction costs during the Design Development phase SECTION VII — METHOD OF PAYMENT 1. The Architect 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 Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. 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. Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 3 of 12 14 Dec 2010 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Project until completion. If the City fails to make any payment required herein for services and reimbursable expenses within sixty days after approval of the Architect's statement thereof, the Architect may, after giving seven days written notice to the City, suspend services under this Agreement until the 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. Schematic Design Phase: 1.1. The Architect shall visit the site and make himself familiar with the scope of the Project. 1.2. The Architect shall prepare alternative floor plans, architectural concepts, elevations, and finish plans and area -based cost estimates. 2. Design Phase: 2.1. The Architect shall prepare presentation graphics using plans necessary for the design and attend one City meeting (if required). 2.2. The Architect shall prepare the design in stages as follows: 2.2.1. Design Development Phase Preparation of architectural and MEP plans, principal elevations selection of principal equipment and finishes, and discipline -based cost estimates. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase 2.2.2. Construction Document Phase: Preparation of detailed architectural and MEP plans, details, finishes schedules, detailed technical specifications, and detailed cost estimates. 2.3. The Architect, at its sole cost and expense shall engage a consultant to prepare 'Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Architectural Barriers Act State of Texas, and the City of Fort Worth Building Codes. 2.3.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in modifying a facility in the event it is constructed in accordance with the Architect's designs and is subsequently determined to be in non- conformance with the above Act or Codes. 2.3.2. The City will bear the construction costs associated with enhancements. The Architect will reimburse the City for costs to replace or rework features that were constructed in accordance with the design but fail to meet accessibility requirements or building codes. 2.4. The Architect shall submit estimates of probable construction cost for each stage of design to the City. Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 4 of 12 14 Dec 2010 The City shall acknowledge the probable construction costs and scope in writing at each stage of design. 2.5. Upon written approval of the final design, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding 2.6. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet. 3. Bidding: 3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the Pre -bid Conference. 3.2. The Architect shall coordinate printing of documents for bidding. 3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the contract. 4. Construction Services: 4.1. The Architect shall assist the City by approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. 4.2. The Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all participants and key project personnel 4.3. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. 4.4. The Architect will review contractor's pay requests. 4.5. The Architect will conduct final acceptance and end of warranty inspections. 4.6. The Architect shall review Contractor's marked up field drawings and prepare "Record Drawings' on bond and DWF/PDF files for the City's archives. 4.7. The Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. 5. All designs, drawings, specifications, 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 own the final printed designs, drawings specifications and 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 Project Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 5 of 12 14 Dec 2010 2. Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. 3. Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. 4. Designate in writing qualified persons who will act as City's representatives with respect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the Architect'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 Architect in the development of the design. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the 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 the Architect. 8. Provide "Instructions to Offerors" and "General Requirements" for use in assembling the Project Manual. 9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by the Architect contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. 10. Provide such legal, accounting, insurance and other counseling services to the City as may be required for the Project. 11. Bear all costs incident to compliance with this Section. 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 SECTION V — COMPENSATION TO THE ARCHITECT and SECTION VI — RESPONSIBILITY FOR CONSTRUCTION BUDGET hereof. The Architect shall also be compensated for all termination -related expenses such as meeting attendance, document Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 6 of 12 14 Dec 2010 reproduction, transfer of records, etc. Provided, however, the 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 — COMPENSATION TO THE ARCHITECT. 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 Architect, its officers, agents, employees and consultants, 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. 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 Architect its officers, agents, employees and consultants, 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 Architect 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 Architect or consultants, and all other persons which may arise out of any negligent act, error or o mission in the performance of the Architect's professional services or in the preparation of designs, working drawings, specifications and other documents. 4. The Architect 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 Architect 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 o r deficiencies in design criteria and information provided to the Architect by the City, o r any deviation in construction from the Architect's designs, working drawings, specifications or other documents. 5. Without limiting the above indemnity, the Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to the City in at least the following amounts: Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 7 of 12 14 Dec 2010 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 claim 6. The Architect 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 the City. The City reserves the right to revise insurance requirements specified in this Agreement to the best interests of the City. 7. General Insurance Requirements 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon The term "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 thirty days notice of cancellation, non -renewal 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 the Architects insurance policies. Notice shall be sent to the Architectural Services Manager, Transportation and Public Works Department, 401 West 13th Street, 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 Architect's 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. Will Rogers Memot ial Center — Coliseum Restrooms Renovation Page 8 of 12 14 Dec 2010 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 Architect's insurance policies including endorsements thereto and, at the City's discretion; the Architect may be required to provide proof of insurance premium payments. All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis 7.10. The Professional Liability policy shall be written on a "claims made" basis, and shall be in effect for the duration of this Agreement and maintained for a period of six years following the issuance of the Certificate of Substantial Completion by the Architect The City shall be notified at least 30 days prior to cancellation or non -renewal in coverage. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XII — HAZARDOUS MATERIALS 1. The City acknowledges the Architect will perform part of the work at the City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that the 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 the City, the City hereby releases the Architect from any damage or liability related to the presence of such materials. 2. The release required above shall not apply in the event the discharge, release, or escape of hazardous substances, contaminants, or asbestos is a result of the Architect's negligence or if the Architect brings such hazardous substance, contaminant, or asbestos onto the Project SECTION XIII — RIGHT TO AUDIT 1. The 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 The Architect agrees that the City shall have access during normal working hours to all necessary and to the Architect's 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 the Architect reasonable advance notice of intended audits. Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 9 of 12 14 Dec 2010 2. The 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 sub -consultant's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. The City shall give subconsultant reasonable advance notice of intended audits. 3. The Architect and its consultants agree to photocopy such project -related documents as may be requested by the City. The City agrees to reimburse the Architect and its consultants for the costs of copies at the rate published in the Texas Administrative Code. S ECTION 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. S ECTION 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. S ECTION XVI — INDEPENDENT ARCHITECT 1. The Architect shall perform all work and services hereunder as an independent Architect, and not as an officer, agent, servant or employee of the City. The 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 consultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent superior has no application as between the City and the Architect. S ECTION XVII — M/WBE GOALS 1. In accordance with the City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. The Architect acknowledges the M/WBE goal of 20% is established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Architect may result in termination of this Agreement and debarment from participating in City contracts for a period of time not less than three years. Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 10 of 12 14 Dec 2010 SECTION XVIII — OBSERVE AND COMPLY 1. The 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. The 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 six (6) copies 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 six (6) copies, each of which is deemed an original. XXXXX REMAINDER OF THIS IS PAGE IS INTENTIONALLY LEFT BLANK XXXXX Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 11 of 12 14 Dec 2010 tXFCUTLD IN 11 IF CITY OF FORT WORTH, TEXAS, 11113 Qnay of , A. D., 20 HAHNFFLD HOFFER STANFORD APPROVED: By: ab Eric L. 1 ah'hfeld, AIA, President APPROVAL R By: COMMENDED: William A. V- kest BE, Director Transportation & Public Works Department By: =a.---.g. RCORDED: By: M. rtha (Marty) A. H City Secretary APPROVED ASO FORMLE4TY: MC C-443-57 (November 16, 2010) By: Che'"t$ K. Ryles Assistant City Attorney Contract Authorization Date: / I 10 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. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Will Rogers Memorial Center — Coliseum Restrooms Renovation Page 12 of 12 14 Dec 2010 Ho Hahnfeld Stanford architects / planners / interiors May 10, 2010 Revised September 1, 2010 Mr. Dalton K. Murayama, AIA City of Fort Worth 401 West 13th Street Fort Worth, Texas 76102 Re: Interior Design Services Will Rogers Memorial Center CADD Verification Dear Dalton: A1t&cM Mr-NT rft: Hahnfeld Hoffer Stanford (HHS) is pleased to submit this proposal for CADD verification services for Will Rogers Memorial Center (WRMC). The scope of this project will include field verification of the existing building and input into AutoCad format. This proposal is to verify and input the concourse, entries restrooms, and ancillary rooms off the concourse. SCOPE OF SERVICES Architectural Responsibilities We will generally provide the following for your project: CADD Verification and Input • HHS will field verify dimensions and generate CADD drawings for the concourse, concession stands, entries to the facility, restrooms, and ancillary rooms off the main concourse. • This verification does not include the arena itself. • HHS will verify and update CADD drawings on file to help establish basic quantities and extent of finishes This will occur by a walkthrough of the existing facility and then updating drawings in CADD as required. • No meetings are proposed for this phase of work. • Deliverables will be CADD generated plans showing walls, doors, fixtures, and equipment only. BASIC SERVICES Hahnfeld Hoffer Stanford proposes that Basic Compensation for Architectural design services as detailed above be provided for an hourly rate not to exceed amount: CADD VERIFICATION AND INPUT CADD Verification • Estimated reimbursable costs for this project are $1,000.00. $18,000.00 Mr. Dalton Murayama City of Fort Worth Proposal for Will Rogers Memorial Center, CADD Verification May 10, 2010 Revised September 1, 2010 ADDITIONAL SERVICES Hahnfeld Hoffer Stanford proposes the following: Additional Services will be performed only at the request of WRMC representatives and City staff at the hourly rates listed on Exhibit 'A', attached hereto. Reimbursable Expenses Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual reasonable and documented expenditures made by the Architectural Services, Architect's employees and consultants in the interest of the Project for the expenses listed in the following subparagraphs: Expense of reproductions, postage and handling of Drawings, Specifications and other documents, over and above those required under Basic Services (if any), but excluding reproductions for the office use of the Architect; Expense of reproductions necessary in connection with Additional Services; 'peters This agreement may be terminated by either party for any reason by providing the other party with 10 days prior written notice. Upon termination, HHS will be entitled to payment for the portion of the Basic Services (and any approved additional services) performed (and reimbursable expenses incurred) prior to the termination date. The fees included in this proposal are based on our assessment of Will Rogers Memorial Center needs and the corresponding scope of effort. Please feel free to call with any questions or further clarification. If you agree with the terms of this proposal, please indicate your approval by signing below and returning to our office. We appreciate the opportunity to work with you on this very exciting project. Sincerely, HAHNFELD HOFFER STANFORD architects planners interiors ra J. Bopp, IIDA Director of Interior Design Hahnfeld Hoffer Stanford Hoter Id Stanford architects / planners / interiors EXHIBIT A 2010 STANDARD BILLING RATES PRINCIPAL $ 190.00 SR PROJECT MANAGER/ARCHITECT $ 158.00 SR PROJECT MANAGER - INTERIORS $ 158.00 PROJECT MANAGER $ 155.00 PROJECT ARCHITECT $ 115.00 PROJECT COORDINATOR $ 83.00 INTERIORS $ 106.00 INTERIORS SPECIALIST $ 82.00 CONSTRUCTION ADMINISTRATORS $ 130.00 Mark-up calculated at 2.65 of labor with burden NSFORIOAT Hahnfeld Stanford architects / planners / interiors May 10, 2010 Revised September 22, 2010 Mr. Dalton K. Murayama, AIA City of Fort Worth 401 West 13th Street Fort Worth, Texas 76102 Re: Interior Design Services Will Rogers Memorial Center Restroom Renovation Dear Dalton: ATTAcH i wa'r I 5 Hahnfeld Hoffer Stanford (HHS) is pleased to submit this proposal for the renovation of the existing restrooms for the Will Rogers. Memorial Coliseum. The scope of this project will include the upgrade of finishes and fixtures for all existing restrooms. The information contained herein is a description of our understanding of what will be required to complete the Scope of Services. The Scope of Services will include revising and refurbishing existing 14 large restrooms and a maximum of 4 smaller one stall restrooms which include new finish palette, fixtures lighting, and in some instances new layouts. We have assembled a well -qualified team with a proven track record of similar project experience. Our fee does include MEP consultant services. All other consultants would be additional services if required. MEP consultant services for this project will be provided by Solare Engineering Unlimited, Inc. SCOPE OF SERVICES Architectural Responsibilities PHASE I - DESIGN DEVELOPMENT • Further develop design concept for each Restroom Zone. Work with consultants for coordination. • Provide Finish Plan generated in AutoCAD format. HHS will present minimum of (2) finish schemes and maximum of (3) schemes for approval Presentation of schemes to WRMC representatives and City staff for approval and sign off. This will include revisions to one finish scheme. HHS will coordinate and research TAS accessible requirements, if any, for inclusion in design. • HHS will coordinate up to 2 preliminary pricing exercises to help establish a budget for the project. At the end of the selection and design process a formal pricing exercise will take place to confirm budget estimates prior to start of construction documentation. • Review of schedule and key milestone dates. • Three (3) meetings are estimated for this phase of work. Upon written approval by WRMC representatives and City staff, this phase will serve as the action plan and decision making guideline for the project. Mr. Dalton Murayama City of Fort Worth Proposal for Will Rogers Memorial Center, Restroom Renovation May 10, 2010 Revised September 22, 2010 PHASE II -CONSTRUCTION DOCUMENTATION AND BIDDING A documentation set will be issued for this phase of the project. • Demolition Plans as required. • Plans, Finish Plans, Electrical, and Ceiling Plans. • Room Finish Schedule and Material Key. All specifications will be noted on drawings or Material Key. • Interior Elevations required to convey the design intent • General notes on drawings to establish "building standard" which will be utilized and adapted to meet the needs of the project, and will be included in the drawing set HHS will assist WRMC representatives and City staff during the bidding phase (Provide clarifications and answers to questions should they arise); HHS will provide finish documentation in either board format or book format for WRMC to use for future reference. Provide Documentation required to complete the project. Develop a set of construction documents in sufficient detail to receive competitive construction bids. Four (4) meetings are estimated for this phase of work. Upon written approval by WRMC representatives and City staff HHS will issue drawings to the bidders for pricing. PHASE 111- CONSTRUCTION ADMINISTRATION HHS will provide Construction Administration services during the construction phase of the project. • Review of all finish samples. • Provide a minimum of (16) to a maximum of (24) site visits throughout construction. • Provide final walk thru to produce "punch -lists" and establish dates of Substantial Completion. BASIC SERVICES Hahnfeld Hoffer Stanford proposes that Basic Compensation for Architectural design services as detailed above be provided for an hourly rate not to exceed amount: • PHASE I - Design Development PHASE II - Construction Documentation and Bidding PHASE III - Construction Administration PHASE IV - MEP $13,400.00 $31,000.00 $22,400.00 $16,700.00 $83,500.00 Estimated reimbursable costs for this project are $9,000.00. This does not include TAS plan review and inspection fees. This will be done by the City of Fort Worth. Hahnfeld Hoffer Stanford Mr. Dalton Murayama City of Fort Worth Proposal for Will Rogers Memorial Center, Restroom Renovation May 10, 2010 Revised September 22, 2010 ® Deliverables will not include detailed cost estimates but can be provided as an Additional Service. Drawings will be sealed by a Registered Architect; ADDITIONAL SERVICES Hahnfeld Hoffer Stanford proposes the following: Additional Services will be performed only at the request of WRMC representatives and City staff at the hourly rates listed on Exhibit `B', attached hereto. Reimbursable Expenses Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual reasonable and documented expenditures made by the Architectural Services, Architect's employees and consultants in the interest of the Project for the expenses listed in the following subparagraphs: Expense of reproductions, postage and handling of Drawings, Specifications and other documents, over and above those required under Basic Services (if any), but excluding reproductions for the office use of the Architect Expense of reproductions necessary in connection with Additional Services; This agreement may be terminated by either party for any reason by providing the other party with 10 days prior written notice. Upon termination, HHS will be entitled to payment for the portion of the Basic Services (and any approved additional services) performed (and reimbursable expenses incurred) prior to the termination date. The fees included in this proposal are based on our assessment of Will Rogers Memorial Center needs and the corresponding scope of effort. Please feel free to call with any questions or further clarification. If you agree with the terms of this proposal, please indicate your approval by signing below and returning to our office. We appreciate the opportunity to work with you on this very exciting project. Sincerely, HAHNFELD HOFFER STANFORD arc • ects planners interiors J. Bopp, IIDA or of Interior Design ATTACHMENTS: Exhibit 'A' - Summary of Fees Exhibit `B' - Hahnfeld Hoffer Stanford Hourly Billing Rate Exhibit 'C' - Solare Engineering Proposal Exhibit D' - Solare Engineering Hourly Rate Exhibit `E' - Solare Engineering MWBE Certificate Hahnfeld Hoffer Stanford 08051.00 Will Rogers Memorial Coliseum Restroom Renovation AE Fees - (Design Development Construction Documentafon, and Construction Administration) Estimated Construction Costs $370,000 9/22/2010 EXHIBIT 'A' Basic Services Fees Architectural - HHS 0.56% $ 66,800 MEP - Solare Engineering Unlimited, Inc (M/WBE) 0.14% $ 16,700 Total Fees Total Basic Services Fees (% Based on $370,000) 0.70% $ 83,500 0.70% $ 83,500 Total NUB Fees (goal 20%) 20.00% $ 16,700 Other Reimbursable Fees & Costs Not Included in Fees above Printing TAS Review and Registration: Provided by City of Fort Worth $ 9,000 Total Reimbursable Fees & Costs $ 9,000 Hahnfeld Hoffer Stanford 1:33 PM - 9/22/2010 Page 1 Hahnfeld Hoffer Stanford nte.feitet:ts j R€annois ! i 1 R kns EXHIBIT B 2010 STANDARD BILLING RATES PRINCIPAL S 190,00 SR PROJECT MANAGER/ARCHITECT $ 158400 SR PROJECT MANAGER - INTERIORS $ 158,00 PROJECT MANAGER $ 155.00 PROJECT ARCH T F CT ; 115.00 PROJECT COORDINATOR $ 83,00 INTERIORS $ 106.00 INTERIORS SPECIALIST $ 82,00 CONSTRUCTION ADMINISTRATORS $ 130,00 Mark-up calculated at 2.65 of labor with burden I PELT Ca September 22, 2010 Hahnfeld Hoffer Stanford 1425 8th Avenue, Suite 200 Fort Worth, Texas 76104 Attn.: Tamara J. Bopp Re: Will Rogers Coliseum Concourse Renovation Mrs Tamara Bopp, Solare Engineering Unlimited, Inc (Solare) is pleased to offer the following proposal for the provision for mechanical, electrical, and plumbing engineering services for the referenced project SCOPE OF SERVICES: BASIC SERVICES Solare will provide the above listed engineering design services for the renovations and modifications to the Will Rogers Coliseum Concourse Renovation. Part II: Restroom Upgrade & Concourse Flooring — Solare will provide mechanical, electrical, and plumbing engineering design for the renovation and upgrades of a total of 14 restrooms. Basic Services will include the review of submittals and shop drawings for equipment and systems designed and/or specified by Solare Drawings will be prepared in AutoCAD Release 2004 ADDITIONAL SERVICES (IF REQUESTED) Energy and/or economic analysis of alternative equipment or systems other than the energy study required by the International Energy Code. Preparation of detailed construction cost estimates for the systems designed by the firm. Revisions to previously approved plans. Please see Attachment B Hourly Billing Ranges for current total billing rates for Solare personnel ir • A 11 ',>;CCRity(77 •i, .UN!TE_D. HAHNFELD HOFFER STANFORD WILL: Provide building plans in AutoCAD Release 2000 or later for use by Solare in preparation of engineering drawings. Perform or provide all required printing of plans and specifications for design coordination, submittal for code review, and bid packages. Advise Solare of the applicable codes and design standards prior to the start of design. COMPENSATION FOR ENGINEERING SERVICES: Solare Engineering Unlimited, Inc. will be paid for Basic Services the stipulated sum of $16,700.00, plus any reimbursable expenses times 1.1. Please see Attachment B lourly Billing Ranges for current total billing rates for Solare personnel. Compensation for other Additional Services reimbursable expenses times 1.1. will be on the basis of direct salary cost times 1.8 plus itigaS ccounts that are more than 45 days old will be charged interest at the rate of 1% per month TERMS AND CONDITIONS: Work under this proposal will be performed in accordance with Attachment A Tees and Conditions for Professional Services, dated June 7, 2010. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indicated and return an executed copy for our files. We deeply appreciate this opportunity to be of service and look forward to working with you on this project. Sincerely, SOLARE ENGINEERING UNLIMITED, INC. Tori L. Thompson Principal Date: 9/22/2010 Accepted: HAHNFELD, HOFFER, Tamara J. Bopp, IIDA Director of Interior Design Date: STANFORD Attachment A TIERMS ANID CONIIJJIT ONS IRUR PROIF'ESSJ OICnLf, SJRIRWC1FIS EFINITIONS: The tern CLIENT as used herein refers to lahnfeld, Hoffer, Stanford The term ENGINEER refers to Solare Engineering Unlimited, Inc., its employees and agents and its subcontractors. The AGREEMENT consists of these Standard Terms and Conditions, the proposal letter by ENGIN HER, the AIA Standard Form of Agreement between Architect and Engineer, Purchase Order, or other legal form of authorization by CLIENT. WORK is defined as professional services performed by ENGIN HER under the terms of the AGREEMENT. SCOPE REVISIONS: Changes in the scope of the WORK initiated by CLIENT that result in a change in the time or cost to the ENGINEER to provide services under the AGREEMENT shall result in a mutually acceptable modification to the time and compensation levels in the AGREEMENT. Such changes shall be made in writing as an amendment to the AGREEMENT. INSURANCE: ENGINEER shall provide to CLIENT certificates of insurance if requested which shall show proof of the following levels of mum coverage: Commercial General Liability General Aggregate Automobile Liability CSL Professional Liability Annual Aggregate $1,000,000 • Pun& $1,000,000 yr4,111 $1,000,000 clor OWNERSHIP OF DOCUMENTS: All drawings, specifications, reports, and other project information developed in the execution of the WORK shall become the property of the CL11-4;NT upon payment of ENGI-4,ER'S fees. ENGINEER may retain copies for record purposes. CLIENT agrees to indemnify ENGINEER from all expenses, losses, and damages caused by the use of the documents for other projects without the concurrence of ENGINEER. INFORMATION PROVIDED BY CLIENT: ENGINEER shall not be liable for defects in the WORK attributable to ENGINEER'S reliance upon, or use of, data, design data, plans, specifications, or other information furnished by CLIENT and CLI ENT agrees to indemnify and hold harmless the ENGINEER from any and all claims and judgments, and all losses, costs and June 7, 2010 1 Terms And Conditions For Professional Services Page 2 expenses arising therefrom. CONSEQUENTIAL DAMAGES: ENGINEER nor its subcontractors shall not be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product loss of use of the equipment or system, loss of anticipated profits or revenue, or cost of increased expense of operation. GENERAL REPRESENTATION DURING CONSTRUCTION: If required by the AGREEMENT, ENGINEER will furnish General Representation During Construction according to the scope defined for these services ENGINEER will visit the job site with the frequency and number of trips defined in the AGREEMENT to observe the progress and the quality of work. The ENGINEER shall not have control or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, for safety precautions and programs in connection with the WORK, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the WORK, or for the failure of any of them to carry out the WORK in accordance with the CONTRACT DOCUMENTS. BETTERMENT: If, due to Solare's error, any required item or component of the project is omitted from the Construction Documents, Solare shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. Solare's liability will be limited to the cost of providing the necessary engineering to add the item or component DISPUTE RESOLUTION: In the event that issues arise that cannot be resolved by discussion between the two parties or through non -binding mediation, the sole remedy shall by adjudication through courts of law. Arbitration will not be utilized. CERTIFICATE OF MERIT: The CLIENT shall make no claim for professional negligence, either directly or by way of a cross complaint against the ENGINEER unless the CLIENT has first provided the ENGINEER with a written certification executed by an independent consultant currently practicing in the same discipline as the ENGINEER and licensed in the state in which the project is located. This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances; and c) state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the standard of care. This certificate shall be provided to the ENGINEER not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration, mediation or judicial proceeding. This Certificate of Merit June 7, 2010 2 Terms And Conditions For Professional Services Page 3 clause will take precedence over any existing state law in force at the time of the claim. ATTORNEYS' FEES: In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation. In the event of a non -adjudicate settlement of litigation between the parties or a resolution of dispute by mediation, the term "prevailing party" shall be determined by that same process. REIMBURSABLE EXPENSES: Reimbursable expenses will include: 51 Travel outside of Tarrant or Dallas counties. © Hotel, motel, airfare, meals, and transportation costs when outside Tarrant or Dallas counties. June 7, 2010 3 \IGINEERING UNLIMITED, INC Attachment B SOLARE ENGINEERING UNLIMITED, INC. Hourly Billing Ranges 'EMPLOYEE CLASSIFICATION Principal Mechanical Engineer Electrical Engineer Fire Protection Engineer Mechanical Designer Electrical Designer Plumbing Designer CADD Technician Word Processor 8/16/2010 RATE RANGE LOW IHIGH MULTIPLIER BILLING RANGE I 'LOW IHIGH $40.05 $75.00 1.8 $22.00 $43.00 1.8 $22.00 $43.00 1.8 $38.00 $45.00 1.8 $20.00 $31.00 1.8 $18.00 $34.00 1.8 $17.00 $25.00 1.8 $15.00 $20.00 1.8 $13.65 $16.00 1.8 $72.09 $135.00 $39.60 $77.40 $39.60 $77.40 $68.40 $81.00 $36.00 $55.80 $32.40 $61.20 $30.60 $45.00 $27.00 $36.00 $24.57 $28.80 GOES iite Woman -Owned Business Enterprise has filed with the Agency an Affidavit as defined by the NCTRCA M/WBE policies & procedures and is hereby certified to provide service(s) in the following areas: 541330; 541512; Engineering Services; Computer Systems Design Services; This Certification is valid beginninz April 2010 and superseded any registration or listing previously issued. This certification must be updated annually by submission of an Annual Update Affidavit. At any time there is a change in ownership or control of the firm, notification must be made immediately to the North Central Texas Regional Certification Agency. Certificate 1 Certification Administrator April 10 Issued date ,20 CERTIFICATION NO. VVFVVB44739N0411 Uhcin U.S.A. City of Fort Worth, Texas ayor an • ouncil ommunication COUNCIL ACTION: Approved on 11/16/2010 - Ord. No. 19434-11-2010 DATE Tuesday, November 16, 2010 LOG NAME" 20WRMCCOLISEUMRESTRMAE SUBJECT: Authorize the Execution of An Architectural Agreement in the Amount of $111,500.00, Including Up to $10,000.00 for Reimbursable Expenses, with Hahnfeld, Hoffer, and Stanford for Design Documents to Renovate the Coliseum Restrooms at the Will Rogers Memorial Center and Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $598,000.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount (COUNCIL DISTRICT 7) RECOMMENDATION. It is recommended that the City Council: REFERENCE NO.: **C-24596 1. Authorize the City Manager to execute an architectural agreement in the amount of $111,500.00, including up to $10 000.00 for reimbursable expenses, with Hahnfeld, Hoffer, and Stanford for design documents to renovate the Coliseum restrooms at the Will Rogers Memorial Center and 2. Adopt a supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund in the amount of $598,000.00 and decreasing the unreserved, undesignated fund balance by the same amount. DISCUSSION: This project will renovate the concourse restrooms in the Coliseum at the Will Rogers Memorial Center as well as take field measurements to provide record drawings of the whole facility. The restrooms are outdated and in dire need of repair, maintenance and renovation due to the normal wear and tear of heavy customer usage during the many Coliseum events. The City of Fort Worth requires architectural assistance for multi -disciplinary projects in the $500,000.00 construction range on an as -needed basis. A Request for Statement of Qualifications was advertised on January 10, 2008 and January 17, 2008 and 10 firms responded. The selection committee selected five firms and Hahnfeld, Hoffer, and Stanford was one of those firms. The estimated overall project cost is: $111,500.00 Design Construction $400,000.00 Contingency, Staff $ 86,500.00 Total $598,000.00 Hahnfeld, Hoffer and Stanford is in compliance with the City's M/WBE Ordinance by committing to 20 percent M/WBE participation. The City's goal for this project is 20 percent. The project is physically located in COUNCIL DISTRICT 7, but will serve Fort Worth residents in all ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the unreserved, undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/Account/Centers 2) GG04 539120 0246010 FROM Fund/Account/Centers $598,000.00 1) GG04 539120 0246010 $111,500.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) William Verkest (7801) Dalton Murayama (8088) ATTACHMENTS 1. 20WRMCCOLISEUMRESTRMA AO.doc (Public) 2. fundingverifcation.pdf (CFW Internal) 3. PE WRMC Coliseum Restrm Aergal Oct10.pdf (Public) 4. PE WRMC Coliseum Restrm MWBE Comp! Oct10.pdf (CFW Internal) Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $598,000.00, AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING THE RENOVATION OF THE COLISEUM RESTROOMS AT WILL ROGERS MEMORIAL CENTER; PROVIDING FOR A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: S ECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $598,000.00, and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the purpose of funding the renovation of the Coliseum restrooms at Will Rogers Memorial Center. S ECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. S ECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: S ECTION 4. I :tNUVA I t COLISEUM RESTROOMS AT THE WILL ROGERS MEMORIAL CENTER FORT WORTH