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HomeMy WebLinkAboutContract 44483:�a: '�'. __S,$,,1 /. .. y ; •i', , " _ __ "__- STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation, "City", acting herein by and through its duly authorized Assistant City Manager, and Hahnfeld Hoffer Stanford, "Architect", acting herein by and through its duly authorized representative, for the purpose of providing conceptual architectural planning services for the Coliseum accessible seating at the Will Rogers Memorial Center in Fort Worth, Texas. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein contained, City and Architect do hereby covenant and agree as follows: SECTION I SERVICES OF THE ARCHITECT 1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services in connection with the following general scope of work: Provide conceptual architectural planning services for the Coliseum accessible seating at the Will Rogers Memorial Center located at 3401 West Lancaster Avenue in Fort Worth, Texas ("ProjecP'). The scope of services is described more fully in Attachment "A" of this Agreement. SECTION II PERSONNEL II The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.2. Project Manager: Alfonso Meza, Registered Architect and Project �anager 1.3. Architect 13.1. Princinal in Charge: David R. Stanford, AIA 13.2. Project Manager: David R. Stanford, AIA 2 Neither party may change key personnel without the prior written agreement of the other party. SECTION III CHARACTER OF ARCHITECT'S SERVICES 1. Architect shall consult with the City to clarify and define City's requirements relative to the Project and review available data. 2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete the assignment in an expeditious manner. 3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services and data from others required in connection with the Projects at City's cost and expense (which services and data Architect is not to provide hereunder but on which Architect may rely in performing services hereunder), and act as City's representative in connection with any such services of others. 4. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in the Hahnfeld Hoffer Stanford letter, dated Apri126 2013, subiect: Architectural Services for the Will RoQers Memorial Center Conceptual Desien for Conceptual Architectucal Services for Coliseum Accessible Seating at WRMC Hahnfeld Hoffer Stanford (May 2013) RECEIV�� MI�Y 3 0 ��1� "r � �' �.�T�:� �' y ' �� i + ���, 9P'i' �I - al i 1 af 9 Accessible Seating for the Coliseum, Will Rogers Memorial Center, Fort Worth, Texas, which is attached hereto as Attachment "A" and made a part of this Agreement. 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. Architect shall not perform any additional services without a written agreement with City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. 7. Architect shall apply for building permits and provide such service as may be necessary for the building pernuts to be issued. The City shall pay any fees for such Building Perxnits. SECTION IV SPECIAL SERVICES OF ARCHITECT 1. If authorized in writing by City, Architect shall furnish or obtain from others special services necessary to complete the Projects. These special services are not included as part of the Basic Services outlined in SECTION I- SERVICES OF THE ARCHITECT and Attachment "A." These special services will be paid for by City as indicated in Section V. SECTION V COMPENSATION TO ARCHITECT 1. The total compensation for all of the assignments to be performed by Architect to complete the Project as described in SECTION III - CHARACTER OF ARCHITECT'S SERVICES and Attachment "A" hereof shall be $6,000.00, hereinafter referred to as the "total fee," including up to $1,000.00 in reimbursable expenses. 2. Architect shall be paid the following percentages of the total fee at the following stages of the project: 2.1. Completion of Current Accessible Seating, Conceptual Alternatives, and Investigation of Seating Options at Other Locations (100%) 2.2. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: 2.2.1 Printing Costs 2.2.2. Enhanced CAD drawings for public and City meetings. 2.23. Long distance phone calls 2.2.4 Postage and courier expenses 2.2.5. Other costs with prior approval of the City. SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS.....NOT APPLICABLE 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. 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Projects until completion. If City fails to make any payment required herein for services and reimbursable expenses within siYty days after approval of Architect's statement thereof, Architect Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Page 2 of 9 Hahnfeld Hoffer Stanford (May 2013) may, after giving seven days written notice to City, suspend services under this Agreement until Architect has been paid in full all amounts due for services actually performed and reimbursable expenses incurred. SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES 1. Conceptual Architectural Planning Services for Conceptual Design: 1. L The Architect shall visit the site and make himself familiar with the scope of the Project. 1.2. Prepare alternative floor and site plans, architectural concepts and principal equipment and finish plans. 13. Format of Drawings 1.3.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, and site plans for all disciplines will be at same scale. 1.3.2. Drawings shall plot to 22x34 sheet to facilitate hal£ size l 1x17 prints. Fonts shall be legible _. at half-size. 1.4. The Architect shall provide electronic files in AutoCAD LT and PDF or DWF format for posting to the Internet or such other operating system as detertnined by the City. 1.5. Architect will provide CAD and �df files of the "Record Drawings" suitable to use on AutoCAD LT or such other operating system as deternuned by the City. Architect will also provide three (3) full-sized set of drawings (24" X 32" or larger). 2. 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 instrumerits of service without the written permission of the Architect will be at the City's sole risk. The City shall own the fmal 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 Projects. 2. Assist Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Projects and in obtaining additional reports and data as required. 3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon public and private property as may be required for Architect to perform services hereunder. 4. Designate in writing qualified persons who will act as City's representatives with respect to the Projects far the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Architect's services. 5. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. 6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make temporary repairs, and to operate mechanical and elech-ical systems as required by the Architect in the development of the design. Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Page 3 of 9 Hahnfeld Hoffer Stanford (May 2013) 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. 8. Provide "Instructions to Offers" and "General Conditions" for use in assembling the Project Manual. 9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by 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 City as may be required for the Projects. 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 prepared field drawings to the Architect for review. 15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. 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 X TERMINATION l. 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 ttus 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 payn�ents having been previously made. Such payment shall be based upon the work completed up to the date of terinination of the Agreement in accordance with the method of compensation prescribed in SECTIONS V and VI hereof. Architect shall also be compensated for all termination-related expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the applicable phase as stated in SECTION V. 3. Upon early ternunation 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 properly 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 INDENINITY AND 1NSURANCE 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. Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Page 4 of 9 Hahnfeld Hoffer Stanford (May 2013) 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 o�cers, 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 properly and injuries, including death, to all persons, including but not limited to o�cers, agents, or employees of the Architect or consultant, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Architect's professional services or in the preparation of designs, working drawings, specifications and other documents. 4. The Architect shall de%nd 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 or deficiencies in design criteria and information provided to Architect by City, or any deviation in construction from Architect's designs, working drawings; specifications or other documents. 5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence Workers Compensation Coverage A: Statutory limits $2,000,000 Coverage B: Employers Liability Insurance Aggregate Limit $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 •' $250,000 Property Damage $500,000 Bodily Injury per person per occurrence Professional Liability Insurance (Errors and Omissions) $1,000,000 $2,000,000 Per claim Annual aggregate 6. 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 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 Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Page 5 of 9 Hahnfeld Hoffer Stanford (May 2013) 7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon. The term "City" shall include its employees, o�cers, 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. 73. 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 tivrty days notice of cancellation or non-renewal in coverage shall be provided to the Ciry. A ten days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ArchitecYs insurance policies. Notice shall be sent to the Architectural Services Manager, Transportation and Public Works Department, 401 West 13� 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. 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 tradirional insurance, any alternative coverage maintained through insurance pools ar 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 incuiruig 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. 7.10. All insurance, except for the Professional Liability insurance policy, shall be written on an occturence basis. 7.11. The Professional Liability Policy shall be written on a"claims made" and shall be in effect for the duration of this Agreement and for 12 months following Architect's issuance of the Certificate of Substantial Completion. The ArchitecYs current insurer shall list the City as a certificate holder 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 ' ,�`�'.i� 8. The City shall require its Gerieral Contractor to include the Architect as an additional insured on its general liability insurance. SECTION XII HAZARDOUS MATERIALS 1. City acknowledges Architect will perform part of the work at City's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that Architect had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases 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 ArchitecYs negligence or if Architect brings such hazardous substance, contaminant, or asbestos onto the Projects. SECTION XIII RIGHT TO AUDIT Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Page 6 of 9 Hahnfeld Hoffer Stanford (May 2013) 1. Architect agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement. Architect agrees that the City shall have access during normal working hours to all necessary Architect facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Architect reasonable advance notice of intended audits. 2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and fiirther, that City shall have access during nortnal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. 3. Architect and consultants agree to photocopy such project-related documents as may be requested by the City. The City agrees to reimburse Architect and consultants for the costs of copies at the rate published in the Texas Administrative Code. SECTION XIV SUCCESSORS AND ASSIGNS 1. The City and the Architect each bind themselves, their successors and assigns, to the other pariy to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreerrient. SECTION XV ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other parly, and any attempted assignment, sublease or transfer of all or any part hereof without such priar written consent shall be void. SECTION XVI INDEPENDENT ARCHITECT l. Architect shall perform all work and services hereunder as an independent Architect, and not as an officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons perfonning 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 docirine of respondent superior has no application as between the City and the Architect. SECTION XVII SMALL BUSINESS ENTERPRISE (SBE) GOAL.....NOT APPLICABLE SECTION XVIII OBSERVE AND COMPLY L Arclutect shall at all times observe and comply with all Federal and State laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Conceptual Architectutal Services far Coliseum Accessible Seating at WRMC Page 7 of 9 Hahnfeld Hoffer Stanford (May 2013) 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 pariy beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. XXX�����XXX���� The Remainder of this Page Is Intentionally Left Blank II� TESTIMOI�Y TF�EREOF, 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 aff'ixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is deemed an originaL Conceptual Architectutal Services for Coliseum Accessible Seating at WRMC Page 8 of 9 Hahnfeld Hoffer Stanford (May 2013) EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS . .'day of , A.D., 2013. � • ' : ' �� I, � ..'.� .� . ... � . � � -- � Douglas Director, ► '_�1 � C � ��/� (N . W Wiersig, PE nsportation & orks Department APPROVED AS TO FORM AND LEGALITY: By: ��� � � ��t,_ r���1 � � rz�%� `��e�a���" ���?, � ti �l (.� --r. (c;-� z� Assistant City Attorney APPROVED: By: (��yl�Q�h� �/��- Fernando Costa Assistant City Manager RECORDED: /� � By: ary J. Kay City Secretary M&C Is Not Requued Contract Authorization 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. Conceptual Architectural Services for Coliseum Accessible Seating at WRMC Hahnfeld Hoffer Stanford (May 2013) C)��ICIAL itECOR� «I'� 9 of 9 � �_Bti�`, � f � ' i ' � / � �� i ��� 1�lahitfelci x � � �fof�er `� � ' � Stanford .irrhd�•cts / pl;�rmu�a / inL�niu�e: Apri12G, 2013 Mr. James D. Hornei• Assistant Pacilities & Public Events Director Cit�� of Fort Woi•th Public Events Depa►�tme»t Will Rogers Memorial Center 3401 West Lancaster Ave Fort Woi�tl�, Te�as 76107 Re: Architectural Services for the Will Rogers Memorial Center Conceptual Design fo�• Accessible Seating for the Coliseum Will Roge�s Memoeia) Centec Fort Worth, Texas Dear James: As a follotiv up to the recent totu• of the Will Rogers Memorial Centec �vith Councilman Danny Scai�th anci others to revie�v cw•rent accessibility deficieneies on catnpus, Hahnfeld Hoffer Stanford Architects Planners Interiors (HHS) is pleased to offer the follo�ving pcoposal to provide conceph�al architectural planning services fot• the Will Roge�s Memorial Ceuter Coliseum accessible seating. �COPE Oi' SERVICES It is ihe ttnderstanding of HHS that tlie Scope of Secvices consisfs of the fol(o�ving co�nponents: • Revie�v tl�e curcent accessible seaiing piatfoi•m in ihe io�ver seaiing bo�vf for coinpliance �vith clu•reirt guidelines. • Desigu conceptual altei�natives foi• compliance foi• the eYisting seating platform. • Investigate seating options for tivo otl�er pi•Qtotypical locations, one on tlie cu���e a�id on the straigl�t a�ti�ay, in the lo�ver seating bo�vl for cavie�v. SERVIC�S NOT 1NCLUDED The fol(o�viug services are e�cl��ded at tliis time fi�om the Scope of Woi�k: • Structural Engineering Services • TAS / Accessibility revie�v aud iiispection • Prepacation of Construction Cost Esti�nates SCOPE OI�' SERVIC�S COMP�NSATION HHS proposes that t(ie Scope of Services Canpensation foi• the aforementioned scope to be $5,000.00. lf aftec revie�v of the seating options, the project continues on to couipletion of construction, HI-IS �vill submit a fee foc die remainde�• of design seivices. REIMBURSABLE �XPENS�S tn addition to tl�e above-listed fees, HHS shall be reimbursed at �ctual costs for all "out-of-pocket e;cpenses" related to this �vork to include postage, coucier, reprodtaction, etc. Reimbtn•sable Expenses Budget is $1,000. PAYMENT SCHCDUL� T-IHS proposes invoicing upon completion of the p�•oposed Scope of Services and the related reimbnrsable e�penses. It �vould be a pleasuee to se�ve you on this project. Hahnfeld Hoffer Stauford g�•eatly appreciates your consideration of our firm fa• this opport�mity. Best Regards, HAHNI'ELD HOI�'F�R STANI�'ORD archi ts pla�u�ers intcriors � � David R. Stanford, AIA Priucipal � Attaclunents: Hahnfeld Hoffer Stanford 2012 Hoiu•ly Billing Rates Cc: Eric L, Hahnfeld, AIA