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HomeMy WebLinkAboutContract 49143 CITY SECRETARYL , CITY OF FORT WORTH, TEXAS CONTRACT NO._ STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Gordon Swift Building— HVAC Renovations. 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 Gordon Swift Building — HVAC Renovations, MEP Design Services Proposal, BHB Project 2017.054.000. (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 $77,000.00 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. 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. i 891 Or 9 City of Fort Worth,Texas FOFFICIALD •' RECE-IVErD standard Agreement for Professional services 201Revision Date:9/2611016Page,of 6 CITY of EORT we, •• QLD, CITY SECRETARY ti Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 14 months, 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, 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/28/2018 Page 2 of 8 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 Standard Agreement for Professional Services Revision Date.9/26/2 16 Page 3 of 8 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. L 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 City of Fort Wor(h,Texas Slandard Agreement for Professional Services Revision Dale:9/26/2018 Page 4 of 8 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 of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article It 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. City of Fort Worth.Texas Standard Agreement for Professional Services Revision Dale:9NOM18 Page 5 of 8 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 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 city or Fort Worth,Texas Standard Agreement for Professional Services Revision bate:9/26/2016 Page 6 of 8 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. Article XV 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: Brian R. Glass,AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Consultant: Baird, Hampton & Brown, Inc. Attn: Ken Randall, P. E. 6300 Ridglea Place, Ste. 700 Fort Worth, Texas 76116 Article XVI 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. City of Fat Worth,Texas Standard Agreement for Professional Services Revision Date:9126MI6 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the 4/�y of June, 2017. BY: BY: CITY OF FORT WORTH CONSULTANT Baird, Hampton & Brown, Inc. Jesus J. Chapa Ken Randall, P. E. Assistant City Manager COO Date:-l' - 5,—/? Date: 31 M4Y r 7 APPROVAL REC0MiviENDED: By: Steve Cooke Director, Property Management bW APPROVED AS TO FORM AND LEGALITY M&C No.: n/a By:. M&C Date: n/a John B. Stroh Assistant Ci y Attorney Form 1295 Certification: n/a ATTEST: FOR?- . M se U 2 City Secretary (P�s OFFICIAL RECORD CITY SECRETARY City of Fort Worth.Texas FT.WORTH,TX Standard Agreement for Professional Services Revision Date:912612016 Page 8 of 8 FORTWORTH MEMORANDUM Re: Gordon Swift Building—HVAC Renovations Date: May 30,2017 Contract Compliance Manager: By slaftng I acknowledge that I am the person responsible for the monitoring and administration of this &tract, incl g en ring al rfo mance and reporting requirements. Brian . Glass,AIA L_ Architectural Services Manager PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION TILE CrrY OF FORT WoRTu*401 WEST l Sm STREET*FORT WOR'I'Ii,TEXAS 76102 (817)392-2586*FAX(817)392-8488 BAIRD, HAMPTON&BROWN, INC. MB ENGINEERING &SURVEYING M-Feh 24,291:7 May 2,2017 Ronald Clements,AIA City of Fort Worth Property Management Department m 401 West 13 Street Fort Worth,Texas 76102 RE: GORDON SWIFT BUILDING-HVAC RENOVATIONS MEP DESIGN SERVICES PROPOSAL BHB PROJECT 2017.054.000 Dear Ronnie: We appreciate the opportunity to work with you again by providing the engineering design for the referenced project as we discussed at the various meetings over the past few weeks. The project consists of providing the design for upgrades and replacements of the HVAC and power systems for the existing four story Gordon Swift Building in Fort Worth,Texas. In addition, we understand that our design effort will need to accommodate the concurrent operation of the building while individual floors are being renovated. It should be noted that there will be times that system shut-downs will be required. Our fee proposal makes the following assumptions: • It is our understanding that our engineering designs will include the following: o Replace the boiler and steam heating system. o Replace up to five air handling units (AHUs),with add alternates for further AHU replacements as construction budget allows. o Abandon existing chilled water,steam and condensate piping in place.Design new steam and condensate return piping systems and extend to new HVACequipment. 0 Replace condensate return pumps. o Design HVAC(DDC)controls system for new systems and equipment that will connect with City's existing building controls infrastructure. 0 Electrical engineering services will include design in support of the HVAC systems replacement.Any re-design or upgrade of existing building electrical utility distribution systems, including negotiation of relocation of existing utilities with utility company,is not included. If required,any upgrade of existing distributions systems located outside renovation areas will be considered to be Additional Services as outlinedbelow. • An Architectural Sub Consultant will be retained to provide architectural services for replacement of ceilings and envelope penetration details as necessary to support HVAC renovation project. • A Structural Engineering Sub Consultant will be retained to provide structural engineering services for additional equipment and piping supports to support the HVAC renovation project. • We understand that the entire project will be designed at one time. We have included an MEP fee allowance for producing phased drawings if a phased design is required, but all phases would be included in one set of bid documents. 6300 Ridglea Place,Ste 700,Fort Worth,Texas 76116 1 Tel:817-338-1277 1 Fax:817-338-9245 TBPE Firm#44 1 TBPLS Firm N10011300 1 www.bhbinc.com Gordon Swift Building -HVAC Renovations Marsh 74,2017 May 2, 2017 Page 2 • We have also included an MEP fee allowance for providing a building energy model in support of separate Infrastructure funding sources if required. • We understand that this project will not be LEEDcertified. • Our scope will include energy calculations and certification for the mechanical and electrical systems included as part of this HVAC systems replacement. • We cannot be responsible for equipment delivery that affects construction schedules. • Our fee proposal is based upon producing the Contract Documents using AutoCAD. This proposal does not include producing CADD drawings in Microstation, REVIT or other building information modeling(BIM)formats. • included as part of our MEP engineering services proposal are two coordination meetings with your team during the design of the project as well as one pre-bid meeting and one pre- construction meeting. • This proposal assumes that services during construction will be limited to review of shop drawing submittals, responses to Contractor's Requests for Information (RFIS) and up to eight site visits during construction. If a phased project is required, these site visits can be spread across the phases as requested. Additional site visits can be provided on an as requested basis and billed as Additional Services as outlined below. • Included as part of our MEP engineering services proposal will be to compile for and deliver to the Client an electronic set of Record Documents based upon the marked-up record drawings, addenda,change orders and other data furnished by the Contractor or other third parties. We propose to provide the mechanical and electrical engineering design for the referenced project in sufficient detail to receive construction bids from subcontractors and in sufficient detail to install the systems in accordance with applicable codes. Deliverables will include original drawings (CADD Plots) and specifications prepared for binding separately. Deliverables will not include any cost estimates. Drawings will be sealed by a Licensed Professional Engineer. The design will be in accordance with criteria and guidance received from youroffice. In consideration for the scope described above we propose the following stipulatedsums: MEP Prime Engineering Services $ 38,800 MEP Construction Administration $ 12,500 Structural Engineering Sub Consultant Fee $ 6,000 Architectural Sub Consultant Fee $ 14,700 Building Energy Modeling Allowance S 5,000 Total $ 77,000 Invoices will be forwarded to your office based upon the percentage of design completed during each billing period and will be due upon receipt of each invoice.Stipulated sum includes cost of long distance telephone calls,telephone faxes and mailing costs.Stipulated sum includes travel expenses for travel to the project site, but does not include reproduction expenses, other than single copy originals for final drawings. Travel expenses, plotting and reproduction expenses, other than those identified above will not be incurred without your prior approval,at which point these expenses will be reimbursed at cost, payable under the same conditions as the stipulated sum. 6300 Ridglea Place,Ste 700,Fort Worth,Texas 76116 1 Tel:817-338-1277 1 Fax:817-338-9245 TBPE Firm#44 1 TBPLS Flrm#10011300 1 www.bhbinc.com Gordon Swift Building-HVAC Renovations nie...ti 224 2017 May 2, 2017 Page 3 Services performed by BHB under this proposal will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this proposal,or in any report,opinion,document,etc., prepared by BHB. Hourly rates for Additional Services, such as revisions to previously approved work,work outside of the scope itemized herein or special studies, if requested, will be performed, at the following rates, plus direct expenses,payable under the same conditions as the stipulated sum: Engineering: Engineering&Management—Principal $210.00/hr, Project Management $166.00/hr. Engineering—Senior PE $150.00 lhr. Landscape Architectural Services $110.00/hr. Engineering Services—PE $110.00/hr. Engineering Services—EIT $80.00/hr. Deslgn Services—Senior Designer $85.00/hr. Design Services—Designer $85.00/hr. CAD l Drafting Services $65.00/hr. Clerical Services $55.00/hr. If you agree with the terms of this proposal,please indicate your approval by signing below and returning to our office. We will consider receipt of this signed agreement as our notice to proceed.Thank you for the opportunity to work with you on this project. Sincerely, BAIRD, HAMPTON&BROWN,INC. APPROVED FOR THE CITY OF FORT WORTH BY: 66 W." Cody W. Pace, P.E. Mechanical Engineer Signature Date 6300 Ridglea Place,Ste 700,Fort Worth,Texas 76116 1 Tel:817-338-1277 1 Fax:817-338-9245 TBPE Flrm#44 1 TBPLS Firm#10011300 1 www.bhtiinc.com