HomeMy WebLinkAboutContract 47803 `r
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CITY SECRE'TAIW
wrltwro CONTRACT No.
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Summit Consultants, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Cowtown Coliseum
HVAC Systems Replacement.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment A.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment A to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
OFFICIAL RECORD
CITY SECRETARvY
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(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment B.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
Subsurface Investigations paragraph is not applicable for this project.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
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Cowtown Coliseum HVAC Systems Replacement May 2016
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials, unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
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economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
A waiver of the goal for MBE/SBE subcontracting requirements was
requested by the department and approved by the M/WBE Office, in
accordance with the M/WBE or BDE Ordinance, because the purchase of
goods or services from source(s) where subcontracting or supplier
opportunities are negligible, Summit Consultants, Inc., has been granted a
Waiver of the MBE/SBE Subcontracting/Supplier Goal for this project.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
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working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
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
together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify-
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
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officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
Cl. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
Cl. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
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j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment A to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment B.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER 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
ENGINEER 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 ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
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employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment B.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, 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 ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product,
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
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C.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
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venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER 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. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of 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.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A— Scope of Services, Compensation, and Schedule
Attachment B —Amendments to Standard Agreement for Engineering Services
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Executed and effective this the day of , 2016.
BY: BY:
CITY OF FORT WORTH ENGINEER
Summit Consultants, Inc.
l
Jesus J. Chapa Garrett S. Brown, P.E.
Assistant City Manager Principal
Date- �� r Date:
APPRO L RECOMMENDED:
B ti
Y�
6.*-7g Steve Cooke, Director
Property Management Department
APPROVED AS TO FORM AND M&C No.: C-27697
LEGALITY
M&C Date: May 03, 2016
By:
Richard A. McCracken µ 12-95 Cac�:C-`���1' ZO1e'X452
Assistant City Attorney
NIIC"T
0 -
/Mary J. Kayser *S
Cit;, Secretary °
1
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached Summit Consultants, Inc. letter dated December 22, 2015,
subject: Cowtown Coliseum HVAC Systems Replacement. If any conflict arises between
the Attachments/Exhibits and the Agreement, the terms of the Agreement shall control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
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4SUMMjt
CONSULTANTS , I N C .
Mr. James D. Horner December 22, 2015
Fort Worth Convention Center
1201 Houston Street
Fort Worth, Texas 76102
Re: Cowtown Coliseum HVAC Systems Replacement
Mr. Horner:
Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the
provision of architectural, structural, mechanical and electrical engineering services for
the referenced project.
BACKGROUND:
A Facility Condition Assessment was performed on the Cowtown Coliseum property in
July of 2013. This report identified the replacement of the HVAC systems as a priority for
sustained operation at the facility. The report identified areas where the HVAC systems
and related fire alarm systems were in non-conformance of current life safety and
building codes. The studied identified architectural and structural improvements required
to implement the HVAC systems replacement and adherence to current building codes.
Summit will provide complete design and construction documents for the HVAC systems
replacement. Summit will also provide specifications for fire alarm systems upgrade in
the construction document bid package. The fire alarm system component will be
considered an alternate in the bid package. Summit will provide assistance to the City of
Fort Worth in bid solicitation and contractor selection. Summit will provide construction
administration during the construction phase of the project.
BASIC SERVICES:
Summit will provide construction documents for complete replacement of HVAC systems
at the Cowtown Coliseum.
The scope of work includes:
• Site data collection and measurements. Consult with building operations staff.
• Assess aged piping condition with inspection and pipe wall thickness
measurements
• Create as-built drawings of existing HVAC systems
• Meet with City building department for code interpretation and applicability
• Design new HVAC systems to meet or exceed current energy codes
• Design new HVAC systems for improved maintainability
• Design new HVAC systems to meet current life safety and building codes
• Provide new building automation system design
• Provide electrical system design as required to incorporate new HVAC systems
• Provide new fire alarm system specifications
• Provide architectural design as required to incorporate new HVAC systems
• Provide structural design as required to incorporate new HVAC systems
Mr. James D. Horner
12/22/2015
Page 2
• Review building element modifications with Historic Commission
• Provide submission to ONCOR for utility rebates, as appropriate
• Review design with Cowtown Coliseum and COFW personnel
• Prepare construction documents for bidding.
• Support COFW with the bid process and provide construction administration
• Prepare as-built documents of final construction
Summit Consultants, Inc. will be paid the following stipulated sums
COMPENSATION FOR ARCHITECTURAL AND ENGINEERING SERVICES:
Cowtown Coliseum HVAC Systems AMT. DUE
Replacement
MEP& Fire Protection, Project Management $71,600.00
Architectural Services Subcontract $8,000.00
Structural Engineering Subcontract $8,000.00
Total $87,600.00
All reimbursable expenses are included. Reimbursable expenses are estimated to be
$600 (for printing costs).
If this proposal meets with your approval please issue a Purchase Order with standard
terms and conditions for the City of Fort Worth.
Sincerely,
Summit Consultants, Inc
6Garrett S.Brown,P.E.
Principal
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/3/2016
DATE: Tuesday, May 03, 2016 REFERENCE NO.: **C-27697
LOG NAME: 21COWTOWN COLISEUM HVAC SYSTEM REPLACEMENT
SUBJECT:
Authorize Execution of a Professional Services Agreement with Summit Consultants, Inc., in the Amount of
$87,600.00, Including Up to $600.00 in Reimbursable Expenses, to Provide Engineering Design,
Construction Documents and Construction Contract Administration Services to Replace the Existing
Heating, Ventilating and Air Conditioning System and Associated Equipment at the Cowtown Coliseum
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Professional Services Agreement with
Summit Consultants, Inc., in the Amount of$87,600.00, including up to $600.00 in reimbursable
expenses, to provide engineering design, construction documents and construction contract administration
services for the replacement of the existing Cowtown Coliseum Heating, Ventilating and Air Conditioning
system, including necessary upgrades to ancillary electrical and plumbing systems to accommodate the
new system.
DISCUSSION:
The Cowtown Coliseum (Coliseum) is an approximately 3,400 seat multi-purpose arena constructed in
1908 and refurbished in 1986. The facility is owned by the City. The City Council authorized a Lease
Agreement with Rodeo Plaza, Inc., for the use, management and operation of the Cowtown Coliseum
(M&C C-24930). The lease obligates the City to pay for all Heating, Ventilating and Air Conditioning
(HVAC) repairs that exceed $3,000.00 per incident or$12,000.00 per year.
Due to recent mechanical failures of the Coliseum's chilled and heating water plant, the City executed an
Agreement on October 25, 2011 with Elements of Architecture, Inc., in the amount of$40,842.00, to
assess the existing mechanical and electrical conditions of the chilled and heating water plant. The
assessment included an evaluation of the plant design and conditions, recommendations for repair or
replacement and opinions on probable costs. The assessment determined that the existing HVAC
equipment was not economically feasible to repair and recommended replacement with new equipment.
Based on the assessment, it is recommended that the City Council authorize execution of a Professional
Services Agreement with Summit Consultants, Inc., in the amount of$87,600.00, including up to $600.00
in reimbursable expenses, to provide engineering design, construction documents and construction
contract administration services for the replacement of the existing Coliseum HVAC system and upgrades
to ancillary electrical and plumbing systems to accommodate the new HVAC system.
Summit Consultants, Inc., was selected as one of eight pre-qualified under the City's "Multi-Year
Professional Engineering Services Agreement".
Logname: 21COWTOWN COLISEUM HVAC SYSTEM REPLACEMENT Page I of 2
Description of Project Cost—The following table summarizes the associated costs:
Design Fees $ 87,600.00
Construction $2,488,840.00_
Contingency $ 281,560.00_
Project Management $ 42,000.00 _
TOTAL $2,900,000.00
The Public Events Fiscal Year 2016 Capital Improvement Plan (M&C G-18635, January 12, 2016)
included a Coliseum HVAC Upgrade and Renovation Appropriation in the amount of$2,900,000.00. To
date no expenses have been incurred.
Construction is anticipated to begin in November 2016 and be completed in June 2017.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from source(s) where subcontracting or supplier opportunities
are negligible, Summit Consultants, Inc., has been granted a Waiver of the MBE/SBE
Subcontracting/Supplier Goal for this project.
The project is physically located in COUNCIL DISTRICT 2, but will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that appropriations are included in the Fiscal Year 2016 Culture &
Tourism Capital Projects Fund, Cowtown Coliseum HVAC Replacement Project.
FUND IDENTIFIERS (FiDs):
TO
r
und Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accoun Project �ProgramActiivity Budget Reference # Amount
ID ID Year Chartfield 2
301011 0240600 5330500 100153 000430 2016 $87,600.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
1. 3-9-16 Waiver Form.pdf (CFW Internal)
2. Budget to Actuals Proiect Budget Summary 100153.JPG (CFW Internal)
3. COWTOWN COLISEUM (A).pdf (Public)
4. SAM-SUMM.PDF (CFW Internal)
5. Summit 1295- cowtown coliseum.pdf (Public)
Logname: 21COWTOWN COLISEUM HVAC SYSTEM REPLACEMENT Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-1452
Summit Consultants
Fort Worth,TX United States Date Filed-
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/07/2016
being filed.
City of Fort Worth Date Acknowledged::
\3P
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract
PMD2015-14
Consulting Engineering
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Tiner, Mark Willow Park,TX United States X
Richards,Brian Fort Worth,TX United States X
Brown,Garrett Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
JACQUELINE SUE HAIL
z: tJotory Public,State of Texas
, K My Commission Expires
E t5, 2017 t/P
July t►
Nom`y 1tax5 V 40 ignature of auth ed agent of contracting business entity
AFFIX NOTARY STAMP l SEAL ABOVE I
Sworn to and subscribed before me,by the said ��tAk-
20
Vthis the 0 day of 4_ to certify which,witness my hand and seal of office.
� t M .
31taturt
officer administering oath Printed narWe of officer administering oath Title of officer adm nistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598