HomeMy WebLinkAboutContract 56943CSC No. 59643
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the
"CITY"), and Hahnfeld Associates, Architects and Planners, Inc. dba Hahnfeld Hoffer
Stanford Architects Planners Interiors, authorized to do business in Texas, an independent
contractor ("Consultant"), for a PROJECT generally described as: Will Rogers Memorial
Center Coliseum Concourse Renovation.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Services;
Attachment "A", which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachment "A" and the terms and conditions set forth in the body of this
Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Will Rogers Memorial Center
Coliseum Concourse Renovation.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A". However, the total fee paid by the City shall not exceed a total of $90,000.00 unless
the City and the Consultant mutually agree upon a fee amount for additional services
and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the
particular services so ordered and receipt by City of Consultant's invoice for payment of
same.
City of Fort Worth, Texas
Revision Date: 11/22/2021
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Standard Agreement for Professional Services
Project Name
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Upon completion, the Architect may, at its option, utilize the Project to qualify for the
Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under
IRS guidelines. If requested, the Owner shall acknowledge the Architect as the
"Designer" of the Project by completing an allocation form (that Architect will provide)
and shall allow the Architect's independent third -party evaluation firm (and its licensed
inspector) reasonable access to perform a one-time, on -sire inspection and certification
of the Project's HVAC, interior lighting and/or building envelope systems.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 2
Years, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable
local, state and federal laws and with all applicable rules and regulations
promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
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intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non -renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment
of premium.
City of Fort Worth, Texas
Revision Date: 11/22/2021
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Standard Agreement for Professional Services
Project Name
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
City of Fort Worth, Texas Standard Agreement for Professional Services
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of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
Article IX
Right to Audit
(1) Consultant 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 Consultant involving
transactions relating to this Agreement. Consultant agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub -consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub -consultant facilities, and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
article. City shall give Consultant and any sub -consultant reasonable advance
notice of intended audit.
(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
City of Fort Worth, Texas Standard Agreement for Professional Services
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misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 11/22/2021 Project Name
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Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Article XVI
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
Article XVII
No Bovcott of Israel
If Architect has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Architect acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Agreement, Architect certifies that Architect's signature provides written
verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Agreement.
Article XVIII
Prohibition on Bovcottinq Enerqv Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
City of Fort Worth, Texas Standard Agreement for Professional Services
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during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
Article XIX
Prohibition on Discrimination Aqainst Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XX
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Nikita N. Watts
Sr. Capital Projects Officer
401 West 13t" Street
Fort Worth, Texas 76102
Consultant:
HAHNFELD HOFFER STANFORD
Attn: David Stanford
200 Bailey Avenue, Suite 200
Fort Worth, Texas 76107
City of Fort Worth, Texas
Revision Date: 11/22/2021
Page 8 of 9
Standard Agreement for Professional Services
Project Name
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Daum UarH o
By: Dana Burghdoff (Ju 1, 202310:09 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Jun 21, 2023
Approval Recommended:
By: Steve oSteve k 023 12:42 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Hahnfeld Associates, Architects and
Planners, Inc. dba Hahnfeld Hoffer Stanford
Architects Planners Interiors
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By: David Stanford (Jun 9, 2311:29 CDT)
Name: David Stanford
Title: Principal
Date: Jun 9, 2023
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: 4��
Name: Nikita N. Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
By: sr
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 11/22/2021 Project Name
Page 9 of 9
Attachment "A"
0 Hae�eld
HoffStanford
architects / planners ! Interlors
May 31, 2023
Mr. Ronald Clements
Registered Architect
City of Fort Worth
Property Management Department
401 West 1311 Street
Fort Worth, Texas 76102
Re: Will Rogers Memorial Center
Coliseum Concourse Renovation
City of Fort Worth
Fort Worth, Texas
Dear Ronnie:
Thank you for the opportunity to submit our fee proposal for working with the City to determine the Scope
of Work to be addressed in the upcoming project to renovate the WRMC Coliseum Concourse, and to
develop the design and Construction Documents for the Project to be built.
During this process, we will meet with the City's staff to discuss the proposed Scope of Work the City
wants to pursue, on multiple occasions, and will schedule several additional meetings to ultimately
determine the final scope based on available funds.
We propose a fee of $90,000.00 ($59,000.00 Hahnfeld Hoffer Stanford, $5,000.00 Ponce-Fuess,
$18,000.00 Solare Engineering, and $8,500.00 BAi) for the Scope of Work for master planning the
Coliseum. A fee for completion of the Construction Documents for the scope of the construction work
agreed to by the City will be submitted at a later date.
We have not included the fees for Civil Engineering and Estimating at this time, but will update when the
scope is better defined.
Attached is our proposed Scope of Work document for the project.
Sincerely,
HAHNFELD HOFFER STANFORD
ats planners interiors
P
44avidR. Stanford, AIA
Principal
Cc: Brad Barnes, FWSSR
Matt Carter, FWSSR
Enclosures: Proposed Scope of Work and Schedule
Ponce-Fuess Engineering Proposal, dated 05/31/2023
Solare Engineering Proposal, dated 05/31/2023
BAi Proposal, dated 05/30/2023
WRIVIC Coliseum Concourse Renovation
Proposed Scope of Work and Schedule
I. Proposed Scope of Work
Develop Master Plan for the Coliseum Renovation that outlines all elements of renovation
required to bring the Coliseum Concourse up to today's standards while reflecting the historic
character of the facility. After meetings we:
a) Draw background drawings of the existing facilities as they currently exist.
• Draw backgrounds based on existing drawings.
• Field verify existing facilities and modifications that have been made over the years.
• Field verify the mechanical, electrical/lighting, and plumbing design and determine
what modifications need to be made.
• Review food service facilities and determine the needs for these spaces.
• Review the A/V system that is existing and what modifications and enhancements that
need to be made.
b) Schedule meeting with user groups to discuss the Coliseum usage, needs, shortcomings, and
what improvements should be made.
• Meet with Stock Show to review how they will be using the Coliseum and what
improvements need to be made for spectators, participants, animals, and other uses.
One meeting anticipated.
• Meet with Equestrian organizations to discuss how they currently use the Coliseum,
and how they envision using it in the future. Three meetings anticipated.
• Meet with food services vendors) and consultants to determine what improvements
need to be made and what alternative venues need to be provided. Study options for
possible casual dining areas. One meeting anticipated.
• Meet with City Staff and Event Staff to determine how we want to share sound
systems and A/V systems. One meeting anticipated.
• Meet with WRMC Staff to get insider's opinions about what needs to be improved
upon for all of the different events and groups that use the Coliseum. Two meetings
anticipated.
c) Develop concept designs that address all of the issues brought up during our meetings to best
determine what modifications need to be made.
• Look at solutions that address the shortcomings and needs of the user groups for the
entire Coliseum.
• Review the design concepts with the City and user groups to determinate the best
options to pursue.
• Further develop the preferred options, so they can be conceptually priced to
determine their viability.
• Do a code analysis to explore other issues that will need to be addressed.
• Develop a conceptual estimate for all proposed phases of the project to determine
what the ultimate scope of each phase will be. Fees for estimating are not currently
included in the proposed fee.
• Create three renderings for the concept design.
d) Review preliminary list of Scope of Work, and determine, after meetings, the ultimate scope
and phasing of work based on available funding.
• List of potential demolition items:
o Remove flooring
o Ceiling
o Doors
o HVAC
o Plumbing
o Lighting
o Fire Alarm
o Wall Finishes
o Signage
o Roof
• List of potential construction items that need to be renovated with the timeline for
construction to be determined by available funds:
o New flooring finish to break the concourse area into different zones for better
definition of use.
o Replace all wall finishes to upgrade the concourses appearance and to give
better definition of different spaces within it.
o Replace the existing ceiling construction and install a new design that helps
to improve the emphasis of the design to focus on different zones while
traveling around the space. Use a system of materials that are better related
to the art -deco architecture of the building. Improve the acoustical treatment
of the ceiling and add new light fixtures and graphics to better define the
spaces and entry points to arena seating. Incorporation of a new fire -sprinkler
system will also be required.
o New HVAC duct work, grilles, and exhaust system will be installed to tie into
new HVAC air handlers being provided by a different funding source that is
replacing and relocating the existing air handlers.
o Replace all existing doors with new metal doors and frames, using a
decorative design to enhance the new design look for the concourse.
o Door hardware, closers, etc. will be included for all the doors in the concourse
for both interior and exterior doors.
o In the restrooms, the existing recently replaced plumbing fixtures will be
reused or relocated to better accommodate the required number of fixtures
and associated TAS/ADA requirements. New toilet partitions, mirrors, and
accessories will be installed. New floor file and wall finishes will replace the
existing finishes. The ceiling will be replaced, incorporating new lighting, duct
work, and diffusers. Additional restroom facilities will be added as required,
including family restrooms, to meet the current building code and TAS/ADA
requirements.
o A new wayfinding package will be included in the design.
o The concessions areas will be upgraded, added to, and will be made to meet
TAS/ADA requirements.
o Improvements to the exterior walls adjacent to the concourse will be
refurbished as required.
o A new roof over the concourse will be installed to repair existing roof
penetrations to be abandoned by the HVAC relocation and to eliminate all
existing roof leaks.
o New exterior wall finishing and repair will be used to repair possible leaks in
the walls.
o A new sound system will be installed in the concourse and restrooms that will
tie into the universal system for the Coliseum and WRMC complex.
o New audio/visual graphics will be added to the concourse.
o Improvements to main lobby north of the concourse will be made and the
existing finishes will be refurbished as required to accommodate the
concourse upgrades.
o The design will meet all building codes, TAS/ADA requirements, and Historic
Registry requirements.
o Construction phasing throughout the project will need to be addressed to
conform with scheduled events in the Coliseum.
e) Develop construction documents on the phases determined by the City based on the design
and approval of the different user groups.
• Currently the scope may include upgrading the restrooms and concession/food
venues based on the approved funding from ARPA and the City.
• If additional funding becomes available, more areas and phases of the Master Plan
will be developed.
• By doing the master plan first, the team will have a better definition of how and when
the phases can or needs to occur.
[I, Proposed Schedule
Meetings with User Groups
Master Plan
Master Plan Presentation
Schematic Design
Design Development
50% Construction Documents
75% Construction Documents
100% Construction Documents
May 25, 2023 —June 15, 2023
June 16, 2023—July 15, 2023
July 15, 2023 —July 22, 2023
July 24, 2023 —August 11, 2023
August 14, 2023 —September 15, 2023
September 18, 2023 — November 3, 2023
November 6, 2023 — December 8, 2023
December 11, 2023 —January 4, 2024
PONCE FUESS
ENGINEERING
Proposal for Professional Engineering Services
To: Eric Hahnfeld
Hahnfeld Hoffer Stanford
200 Bailey Ave
Suite 200
Fort Worth, TX 76107
Date: May 31, 2023
Project: Will Rogers Memorial Center— Coliseum renovation studies
Fort Worth, TX
PROJECT DESCRIPTION
Concept studies for renovations of the existing coliseum at the Will Rogers Memorial Center in Fort
Worth.
BASIC SERVICES
Preliminary narrative describing existing structural conditions, proposed structural renovations and
modifications, and anticipated new structural systems and materials for preliminary pricing by others.
• Includes one (1) visit to site, if required, for evaluation of general structural condition of
existing building by visual observation. Scope does not include removal or testing of
materials, or removal of finish materials for access to structural components.
• Includes review of existing structural drawings, if available.
FEES FOR BASIC SERVICES
Professional Fees for Basic Services are proposed as follows:
HOURLY BASIS
Table of employee rates available on request.
Total Estimated Fee = $5,000
REIMBURSABLE EXPENSES
Project expenses will be invoiced, at cost, in addition to Basic Fees as follows:
Item Estimated Amount
Printing & Copying $0
Auto Expenses (@ IRS Standard Rate per Mile) $200
Courier/Expressage Charges $0
Total Estimated Reimbursable Expenses $200
ADDITIONAL SERVICES
Services required and authorized beyond the scope of Basic Services will be invoiced on the basis
of personnel time and expenses.
• Employees Table of employee rates available on request.
• Expenses 1.00 times cost.
LIMIT OF LIABILITY
Neither Ponce-Fuess Engineering, their subconsultants, nor their agents or employees shall be
jointly, severally, or individually liable to the client in excess of the compensation to be paid pursuant
3333 Lee Parkway, Suite 475 1 Dallas, TX 7S219 I Tel 469.310.2850 1 TX NF-12125 I www.ponce-fuess.com
Professional Engineering Services Proposal — Page 1
PONCE-FUESS
ENGINEERING
to this agreement, by reason of any act or omission, in tort or contract, including breach of contract,
breach of warranty, or negligence.
CONTRACTFORM
This proposal will serve as the agreement for professional services and the terms and conditions of
AIA C401 Standard Form of Agreement Between Architect and Consultant are incorporated by
reference unless and until a subsequent formal written agreement is executed.
- END OF PROPOSAL -
Proposal made by: Proposal accepted by:
Lucas Ponce, PE
President
PONCE-FUESS ENGINEERING, LLC
(Client Signature)
(Client Printed Name) (Date)
3333 Lee Parkway, Suite 475 1 Datlas, TX 75219 I Tel 469.310,2850 1 TX NF-12125 I www.ponce--fuess.com
Professional Engineering Services Proposal — Page 2
PONCE-FUESS
ENGINEERING
Personnel Hourly Billing Rates — 2023
(Last updated 0111912023)
POSITION HOURLY RATE
Senior Principal........................................................................................................... $250.00 to $275.00
Pi-incipal.......................................................................................................................$210.00 to $235.00
AssociatePrincipal, ....................................................................................... ........................... ... $200.00
SeniorAssociate.......................................................................................................................... $170.00
Associate...................................................................................................................... .. $150.00
SeniorPE...................................................................................................................................... $135.00
PE.................................................................................................................. $125.00
EIT................................................................................................................................................ $115.00
SeniorTechnician.................................................................................................... ................ $130.00
CAD/BIM Technician.................................................................................................................... $115.00
AdministrativeAssistant................................................................................................................. $85.00
3333 Lee Parkway, Suite 475 1 Dallas, TX 75214 I Tel 469.310.2860 1 TX #F--12125 I www.ponce-fuess.com
Page 1 of 1
• Ll 11 �L
ENGINEERING UNLIMITED, INC.
May 31, 2023
Hahnfeld Hoffer Stanford
1425 81h Avenue,
Suite 200
Fort Worth, Texas 76104
Attn.: Eric Hahnfeld
Re: Will Rogers Coliseum MEP Review
Dear Mr. Hahnfeld,
Solare Engineering Ultd., Inc. (Solare) is pleased to offer the following proposal for the
provision of engineering services for the referenced project.
SCOPE OF SERVICES:
Solare will review the existing mechanical, electrical, and plumbing systems at the Will
Rogers Coliseum located in Fort Worth, Texas.
Scope includes preform review of owner furnished document of mechanical systems,
electrical and plumbing systems, one (1) site walk through per discipline, documented
observations of the systems in a written report. The assessment will be based on
process outlined in ASME E 2018-08 Standard Guide for Property Condition
Assessments: Baseline Property Condition Assessment Process.
HAHNFELD HOFFER STANFORD WILL:
Provide a copy of the client's agreement with the owner, known as the Prime
Agreement (from which compensation amounts may be deleted) if Solare's obligations
and liabilities are affected by the Prime Agreement.
Provide building and site base plan in AutoCAD Release 2020 or Autodesk Revit Building
Information Modeling (BIM) software for use by Solare in preparation of engineering
drawings.
Advise Solare of the applicable building and design standards/design criteria. This
includes but is not limited to special occupancy classifications, building type and other
special code -related considerations.
1300 Summit Avenue, Suite 514 Fort Worth, Texas 76102 Tel 817.529.6800 www,solare-eng,com G O a
Hahnfeld Hoffer Stanford
May 31, 2023
Page 2
COMPENSATION FOR ENGINEERING SERVICES:
Solare Engineering Ultd., Inc. will be paid for Basic Services the stipulated sum of
$18,000.00, plus reimbursable expenses times 1.1.
Compensation for other Additional Services will be on the basis of direct salary cost
times 2.5 plus reimbursable expenses times 1.1. Please see Attachment B Hourly Billing
Ranges for current total billing ranges for Solare personnel.
The Basic Services fee payment schedule will be based upon a monthly estimate of
completion of the work, not to exceed the following amounts at the specified phases of
the project:
Work under this proposal will be performed in accordance with Attachment A Terms
and Conditions for Professional Services.
FORM OF CONTRACT:
If this proposal meets with your approval, please sign where indicated and return an
executed copy for our files. We deeply appreciate this opportunity to be of service and
look forward to working with you on this project.
Sincerely,
SOLARE ENGINEERING
Tori L. Thompson, President
Date: May 31, 2023
Accepted:
Hahnfeld Hoffer Stanford
Eric Hahnfeld, AIA,
Date:
1300 Summit Avenue, Suite 514 Fort Worth, Texas 76102 Tel 817.529.6800 vvww.solare-erg.com ®® 0
Attachment A
TERMS AND CONDITIONS
FOR
PROFESSIONAL SERVICES
DEFINITIONS: The term CLIENT as used herein refers to Hahnfeld Hoffer Stanford.
The term ENGINEER refers to Solare Engineering Unlimited, Inc., its employees and agents
and its subcontractors. The AGREEMENT consists of these Standard Terms and Conditions,
the proposal letter by ENGINEER, the AIA Standard Form of Agreement between Architect
and Engineer, Purchase Order, or other legal form of authorization by CLIENT. WORK is
defined as professional services performed by ENGINEER under the terms of the
AGREEMENT.
SCOPE REVISIONS: Changes in the scope of the WORK initiated by CLIENT that result in a
change in the time or cost to the ENGINEER to provide services under the AGREEMENT shall
result in a mutually acceptable modification to the time and compensation levels in the
AGREEMENT. Such changes shall be made in writing as an amendment to the AGREEMENT.
INSURANCE: ENGINEER shall provide to CLIENT certificates of insurance if requested which
shall show proof of the following levels of minimum coverage:
Commercial General Liability
General Aggregate $1,000,000
Automobile Liability
CSL $1,000,000
Professional Liability
Annual Aggregate $1,000,000
OWNERSHIP OF DOCUMENTS: All drawings, specifications, reports, and other project
information developed in the execution of the WORK shall become the property of the
CLIENT upon payment of ENGINEER'S fees. ENGINEER may retain copies for record purposes.
CLIENT agrees to indemnify ENGINEER from all expenses, losses, and damages caused by the
use of the documents for other projects without the concurrence of ENGINEER.
INFORMATION PROVIDED BY CLIENT: ENGINEER shall not be liable for defects in the WORK
attributable to ENGINEER'S reliance upon, or use of, data, design data, plans, specifications,
Terms And Conditions For Professional Services
Page 2
or other information furnished by CLIENT and CLIENT agrees to indemnify and hold harmless
the ENGINEER from any and all claims and judgments, and all losses, costs and expenses
arising therefrom.
CONSEQUENTIAL DAMAGES: ENGINEER nor its subcontractors shall not be liable in contract,
tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential
damages, such as loss of product, loss of use of the equipment or system, loss of anticipated
profits or revenue, or cost of increased expense of operation.
GENERAL REPRESENTATION DURING CONSTRUCTION: If required by the AGREEMENT,
ENGINEER will furnish General Representation During Construction according to the scope
defined for these services. ENGINEER will visit the job site with the frequency and number of
trips defined in the AGREEMENT to observe the progress and the quality of work. The
ENGINEER shall not have control or charge of, and shall not be responsible for, construction
means, methods, techniques, sequences or procedures, for safety precautions and programs
in connection with the WORK, for acts or omissions of the Contractor, Subcontractors, or any
other persons performing any of the WORK, or for the failure of any of them to carry out the
WORK in accordance with the CONTRACT DOCUMENTS.
BETTERMENT:
If, due to Solare's error, any required item or component of the project is omitted from
the Construction Documents, Solare shall not be responsible for paying the cost to add
such item or component to the extent that such item or component would have been
otherwise necessary to the project or otherwise adds value or betterment to the project.
Solare's liability will be limited to the cost of providing the necessary engineering to add
the item or component.
DISPUTE RESOLUTION:
In the event that issues arise that cannot be resolved by discussion between the two
parties or through non -binding mediation, the sole remedy shall by adjudication through
courts of law. Arbitration will not be utilized.
CERTIFICATE OF MERIT:
The CLIENT shall make no claim for professional negligence, either directly or by way of a
cross complaint against the ENGINEER unless the CLIENT has first provided the ENGINEER
with a written certification executed by an independent consultant currently practicing in
the same discipline as the ENGINEER and licensed in the state in which the project is
located. This certification shall: a) contain the name and license number of the certifier;
b) specify the acts or omissions that the certifier contends are not in conformance with the
standard of care for a consultant performing professional services under similar
circumstances; and c) state in detail the basis for the certifier's opinion that such acts or
omissions do not conform to the standard of care. This certificate shall be provided to the
Terms And Conditions For Professional Services
Page 3
ENGINEER not less than thirty (30) calendar days prior to the presentation of any claim or
the institution of any arbitration, mediation or judicial proceeding. This Certificate of
Merit clause will take precedence over any existing state law in force at the time of the
claim.
ATTORNEYS' FEES:
In the event of any litigation arising from or related to this Agreement or the services
provided under this Agreement, the prevailing party shall be entitled to recover from the
non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys'
fees and all other related expenses in such litigation. In the event of a non -adjudicate
settlement of litigation between the parties or a resolution of dispute by mediation, the term
"prevailing party" shall be determined by that same process.
REIMBURSABLE EXPENSES: Reimbursable expenses will include:
E Travel outside of Tarrant or Dallas counties.
■ Hotel, motel, airfare, meals, and transportation costs when outside Tarrant or
Dallas counties.
Attachment B
5OLARE ENGINEERING UNLIMITED, INC.
Hourly Billing Ranges
EMPLOYEE CLASSIFICATION
Principal
Mechanical Engineer
Electrical Engineer
Fire Protection Engineer
Mechanical Designer
Electrical Designer
Plumbing Designer
CADD Technician
Word Processor
RATE RANGE (MULTIPLIER (BILLING RANGE
LOW
IHIGH I
ILOW
HIGH
$40.05
$75.00
2.5
$100.13
$187.50
$22.00
$43.00
2.5
$55.00
$107.50
$22.00
$43.00
2.5
$55.00
$107.50
$38.00
$45.00
2.5
$95.00
$112.50
$20.00
$31.00
2.5
$50.00
$77.50
$18.00
$34.00
2.5
$45.00
$85.00
$17.00
$25.00
2.5
$42.50
$62.50
$15.00
$20.00
2.5
$37.50
$50.00
$13.65
$16.00
2.5
$34.13
$40.00
Attachment C
ADDITIONAL SERVICES
(IF REQUESTED)
1. Design for the mechanical, electrical and plumbing renovations of the Will Rogers
Coliseum Concourse
2. Design for an Emergency Responder Distributed Antenna/Repeater system (DAS)
in accordance with the International Fire Code and NFPA 72. The system is
provided for the purposes of amplifying Emergency Responder radio signals to
achieve minimum signal strength in all areas of the building. The equipment will
include repeaters, transmitters, receivers, signal boosters, cabling, fiber
distributed antenna system and other components required for proper operation.
3. Energy and/or economic analysis of alternative equipment or systems other than
the work required to complete the mechanical and electrical portions of applicable
energy code reports.
4. If an energy model is required to comply with the performance -based energy
compliance path in accordance with the International Energy Code. Scope includes
energy model comparing baseline building vs proposed building energy cost in
accordance with International Energy Conservation Code or other codes having
jurisdiction. This includes submission of engineering report to AHJ and assistance
responding to AHJ comments.
5. Modifications to existing utilities not included in the basic scope of service or
outside the area of work.
5. Revisions to previously approved plans and/or specifications. This includes any
changes or incorporation of "VE" items requested by the client or their
representatives after sealed contract documents are issued.
7. If construction costs for the building design exceeds owner's available funds and
redesign is required by Solare, then the cost for this redesign would be considered
additional services.
s. Development of a set of record drawings based on the contractor's mark ups.
9. Leadership in Energy and Environmental Design (LEED) modeling or design
incorporating any LEED certification goals.
10. Design and/or construction phase commissioning services for MEP&FP systems.
11. Site visits beyond twelve (3) man -visits in the basic services ($400 per man -visit).
C e----
BAi
Since 1935 t L [;
C O N S U L T A N T S I N A C O U S T I C S, S O U N D R E I N F O R C E M E N T, & A U D I O V I S U A L S Y S T E M 5
4099 McEwEH ROAO. SWT8 560 DALLAS, TEXAS 15244 voice; 214 584.6124 www.baiaustin.com
May 30, 2023
Eric Hahnfeld
Hahnfeld Hoffer Stanford
200 Bailey Ave
Fort Worth, Texas
Re: Will Rogers Memorial Center -Coliseum Masterp[an
Acoustics & AV Consulting Services
Dear Eric:
We are pleased to present our proposal for acoustical and audiovisual consulting services for the
Coliseum Masterplan at the WRMC. The scope and fee are based on the preliminary discussions with
the HHS.
SUMMARY:
Program:
o WRMC Coliseum
■ Arena Bowl
■ Concourse/Lobby
■ Restrooms
• Concessions
• Backstage Club
SCOPE OF SERVICES:
Masterplan Phase:
1. Participate in meetings with all participants in the project in order to establish acoustical criteria of
the critical spaces.
2. Participate in meetings with all participants to establish the Sound Reinforcement and Audiovisual
Systems program for the Coliseum.
3. Establish required floor areas for AV equipment rooms, control rooms, acoustical amenities, and
locations/adjacencies of such spaces.
4. Establish maximum background noise requirements for each critical space in the building.
5. Assist the design team in determining optimum conceptual space adjacencies related to noise
control between occupied spaces.
CIBAi
541c 1935 I I �-
INRMC Coliseum Masterplan - Proposal
May 30, 2023
Page 2
6, Prepare acoustical drawing markups with emphasis placed on recommended partition types,
roof/ceiling construction, structural isolation considerations, floor types, overall room shaping, and
space planning for acoustical amenities (such as shaping, finishes, and adjustable acoustics)
7. Establish preliminary cost estimates on AV systems
8. Provide initial structural, electrical, and heat loads for AV systems for use by the design team.
9. At the conclusion of the Masterplan Phase, provide an acoustical, noise control, and AV systems
narrative to be included in the design team's Masterplan Package. Provide cost estimates for the
AV systems in the project.
10. Attend up to (3) meetings with the Owner and Design Team,
PROPOSED FEES:
For the services listed above, the following fee schedule is proposed:
Masterplan Phase — Acoustics and AV Systems
$ 8,500
Acoustics I Noise Control 1 AV — Fee Total: $ 8,500
The following allocation of fee per phase is proposed:
Masterplan Phase: 1 100% �
The following are items and exclusions related to this proposal:
• We will invoice at agreed upon intervals, but no less than at the end of each phase listed above.
• Expenses are NOT included in fee proposal. Expenses will be invoiced at cost.
• Additional Services, if requested, will be compensated on an hourly basis at the following rates:
Principal Consultant:
$250
Technical Systems Desiqner:
$200 f
Staff Acoustician:
$200
Technical Systems Staff:
$150
Drafting:
$125
• The proposal assumes that the Architect and Engineering Consultants will be responsible for the
architectural coordination, electrical, mechanical, and structural engineering on the project. It is
understood that the consultants at BAi are not licensed architects or engineers.
• Insurance:
o BAi carries customary general liability, workmen's compensation, and other similar
insurance.
o BAi maintains a Professional Liability policy in the amount of $2M per occurrence and
$4M aggregate. Certificates of Insurance are available if requested.
cii3w!>5111WO35
WRMC Coliseum Masterplan - Proposal
May 30, 2023
Page 3
We appreciate the opportunity of presenting this proposal, and look forward to working with you on this
exciting project. if I can provide any further information at this time, please let me know.
Sincerely,
BAi, LLC
Consultants in Acoustics,
Sound Reinforcement & Audiovisual Systems
Robert Lee
Acoustician — Director
Accepted by Date