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HomeMy WebLinkAboutContract 44483 r crry sECRETARY cowmavoaalwy' MIDI STATE C TEXAS CAW ALL BY THESE PRESENTS COUNTY OF T RRANT THIS AGREEMENT.ENT 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 feld Hoffer Stanford, "Architect", acting herein by and through its duly authorized representative, for the purpose of providing conceptual architectural planing services for the Coliseum accessible seating at the Will Rogers Memorial Center in Fort Worth,Texas. W1TE S S ETF1: That for and in consideration of the Mutual covenants and agreements herein contained, City and Architect do hereby covenant and agree as follows: SECTION f SERVICES OF THE ARCHITECT 1.1 The City hereby contracts with Architect as are independent contractor, and the Architect hereby agrees to perfo 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,Teas("Project"). The scope of services is described more fully in Attachment "A"of this Agreement. SECTION 11 PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.2. Project Manager- Alfonso Meta,Registered Architect and Project Manager, 1.3. Architect 1.3.1.Principal,in Charge:David R. Stanford,,AIA 1.3.2.Project Manager: David R. Stanford,AI 2. Neither party may change key personnel without to prior written agreement of the other party. SECTION 1f1 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 ethers 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 far, design submittals and presentations,as a part of the reimbursable allowance. 5. The Architect shall perform services as outlined in the Halinfeld Hoffer Stanford letter. dated April 26 2013 subject: Architectural Services for the Will Rogers Memorial Center Conceptual esi n for Conceptual Ar hitec mal services for Coliseum Accessible Seating at WRMCI OFFICIAL RECORD 'age l of 9 Hahn eld Hofer Stanford(may 2013) CITY SECRETARY RECEIVED MAY 30 2013 FTO WORTN�TX Accessible Seatin2 for the Coliseum, Will Ro,gers Memorial Center,- rt Wo T exa rth ich , , wh 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 permits to be issued. The City shall pay any fees for such Building Permits. SECTION IV SPECIAL SERVICES OF ARCHITECT 1. If authorized in writing by City,Architect shall furnish or obtain from others special services recessary 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 "A7 0 "' including g up to $1,000.00 in hereof shall be $611,000.01 , hereinafter referred to as the "total fee, 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 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. 2.2.3.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..... T"A.PPLICABLE 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 sixty 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) aia 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 I. Conceptual Architectural Planning Services for Conceptual Design: 1.1. 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,. 1.3. 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 2204 sheet to,facilitate half-size 11 .1' prints. Fonts shall be legible at half-size. 1.4. The Architect shall provide electronic,files in AutoCAD LT and PD,F or DWF format for posting to the Internet or such other operating,system as deters-nined by the City. 1.5. Architect will provide CAD and pdf files of the"Record Drawings," suitable to use on Auto,CAD LT or such other operating system as determined by the City. Architect will also provide three (3) full-sized set of drawings(24"X 3:2"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 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 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 'r pe 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, for the purposes of transmitting instructions, receiving Information, interpreting and defining City's policies and decisions with respect to Architect's services. 5. Review all reports,, recommendations, and other documents, and provide written decisions pertaining thereto within a reasonable time. 6. 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. Conceptual Architectural Services for Coliseum Accessible Seating at W 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 1 The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 2. If the City terminates, this Agreement under the foregoing paragraph, the City shall pay the Architect for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in SECTIONS V and VI hereof Architect shall.also be compensated for all termination-related expenses, such as meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the applicable phase as stated in SECTION V. 3. Upon early termination or conclusion of this Agreement, the Architect shall provide, the City reproducible copies of all completed or partially completed engineering documents prepared under this Agreement that shall become the property of the City and may be!used by the City in any manner it desires. The Architect shall not be liable for the use of such materials for any project other than the project described in this Agreement. SECTION XI INDEMNITY AND INSURANCE I 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 Hoff er 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 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 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 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 i-ndemnification 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 iqjuries, 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 inderatuty, 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,X0110001 Per Occurrence $250001)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 $5010,0!00 Bodily Injury per person per occurrence Professional Liability Insurance (Errors and Orm*ssionss') $130005000 Per claim $21000.)000 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 W 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, 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. . A minimum of thirty days notice of cancellation or non-gene wa,l in coverage shah 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 Architect's insurance policies. Notice shall be sent to the Architectural Services Manager,Transportation and Public Works Department,401 West 13thStreet,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 linuts, 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. 7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 7.11.The Professional Liability Policy shall be written on a"claims made"and shall be in effect for the duration of this A.. reen ent and for 12 months following Architect"s issuance of the Certificate of Substantial Completion. The Architect's 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 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 I 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 Architect's negligence or if Architect brings such hazardous substance,contaminant,or asbestos,onto the Projects. SECTION XJII RIGHT TO AUDIT Conceptual Architectural Services for Coliseum Accessible Seating at W Page 6 of 9 Hahnfeld Hoffer Stanford(May 201 3) I. Architect agrees that the City shall, until the expiration of three(3,) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement,. Architect agrees that the City shall have access during normal working hours to all necessary Architect facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Architect,reasonable advance notice of intended audits. 2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall,until the expiration of three(3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. 3. Architect and 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 party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XV ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVI WDEPENDENT ARCHITECT 1 Architect shall perform all, work and services hereunder as an independent, Architect,: and not as an officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, 'and shall be solely responsible for the acts and omissions, of its officers, agents, employees and 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. SECTION XVII SMALL TES SS ENTERPRISE(SIBE)GOAL.....,NOT APPLICABLE SECTION XVIII OBSERVE AND CO LY I Architect shall, at all times observe and comply with all Federal and State laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all its officers, agents and employees from and against all claims,or liability arising out of the violation of any such order', law, ordinance, or regulation, whether it be by itself or its employees. Conceptual Architectural Services for Coliseum Accessible Seating at W Page 7 of 9 Hahnfeld Hoffer Stanford(May 2013) ...................____, SECTION XI 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. V=XXXXXYM The Remainder of this Page Is Intentionally Left Blank XXXXXXXXX�� IN TES TIMONY THE REOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name, and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Architect has also properly executed this instrument 'in triplicate copies, each of which is deemed an original. Conceptual A-rc hit ectural services for Coliseum Accessible Seating at' RMC Page 8 of 9 Hahnfeld Hoffer Stanford May 2013) All EXECUTED IN THE CITY TY CAF FORT WORTH,TEXAS,THIS day of A.D.,2013. HAHNFELD HOFFER STAN-FORD APPROVED: David R. S r 7 AIA Fema, . a Costa Principal Assistant City Ma alter APPR C;C E ED: RECORDED.- D: f J By: * By: Doi las Wiersi E J. Ka �,�'"" . ()"w ,, Dir tC r rags rta.t c n&Pubh&orks Department City Secretary 000% A v 0;*4 . APPROVED AS TO FORM AND LEGALITY-. M&C Is Not Required 0 Contract Authorization � ' �` w 00 it icy By: kl A ark- .A icre .�* �" � " .Assistant City.Attorney The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone 12 305- 9000,1 has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil,,Statutes,,article 249a. Conceptual Architectural Services for Coliseum Accessible Seating at WRMC ge "of 9 Hahnfeld Hoffer Stanford(May 2013 SECRETARf no,WORTH,TX Hahnfeld Hcvftr Stanford ali hdijo L, April 26,2013, Mr.James D�. Horner Assistant Facilities& Public Events Director City of Fort Wol-th Public Events Department Will Rogers Memorial Center 31401 West Lancaster Ave Fort Woffli,Texas 76107 Re. Architectural Services for file Will Rogers Memorial Center Conceptual Design for Accessible Seafing for the Colisellill Will Rogers Memorial Center Fort Worth,Texas Dear James,: As a, follow tip to the recent tour of the Will Rogers Memorial Center with Councilman Danny Scarth and others to review current accessibility deficiencies on campus, Halinfeld Hoffer Stanf6rd Architects Planners Interiors (HHS) i's pleased to offer the following proposal to pil-ovide conceptual architectural planning services for the Will Rogers Memorial Center Coliseum accessible seating. SCOPE OF SERVICES Itis the understandhig of HHS that the Scope of Services consists of the followilIg coMponents: 0 Review the current accessible seating platform in the lower seating bowl for 4 Compliance with current guidelines. 0 Desig1l colliceptual alternatives for compliance for the existing seating platform. Investigate seating options for two,other prototypical locatiolls,olle on the curn and on the straight away, in the lower seating bowl for review. SERVICES NOT INCLUDED The,following services are excluded at thl I s,time from the Scope of Work: 41 Structural Engineering Services TAS/Accessibility rev�iew and inspection Preparation of Construction Cost Estimates SCOPE O�F SERVICES COMPENSATION HHS proposes that the Scope of Services Compemation for the aforeinei�itiotied s,cop�e to be $5,000.00, If after review of the scathig optimis,the project continues on to completion of constructim,HM will, submit a fee for the remailider of desigii services. RE,IMBURSABLE EXPENSES 0 Ili additim to the above-listed fees, MS shall be reinibursed at actual costs for all "out-of-plocket expei,ises"related to this work to hiclude postage, commieto, reproductioti,etc. Reinibursable Expeiises,Budget is$,1,000. PAYMENT SCHEDULE HHS proposes itivoichig upoll completion of the proposed Scope of Services aild the related reimbursable expetise�s. It would be a pleasure to serve you oii th'Is project, HaImfeld, I-1offer Stanford greatly appreciates your cojisideration of our fit-in for this oppollullity. Best Regards, HAHNFELD HOFFER STANFORD a archl' ts planners interl"Ors rchi ts phume: Davia R. Stanford,AIA Principal Attachmei-its: Halinfeld Hoffer Stwiford 2012 Hourly B1111hig Rates Cc: Eric L.Hahrifeld, AIA ........... ........... ...........