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HomeMy WebLinkAboutContract 50275 d CITY SECRETARY - ,, �-4 CONTRACT NO. DESIGN PROCUREMENT AGREEMENT FOR CATTLE BARN PROTECT AT WILL ROGERS MEMORIAL CENTER �--' This Design Procurement Agreement("Agreement"),entered into the day of 2018 is by and between the City of Fort Worth ("City"), a Texas home-rule municipality (" ty"), acting herein by and through, its duly authorized Assistant City Manager, and Southwestern Exposition and Livestock Show, a Texas a nonprofit livestock and civic corporation ("SWELS") acting by and through its Chairman of the Board of Directors and its President. City and SWELS may be referred to herein individually as a party or collectively as the parties. Recitals WHEREAS,on October 30, 1984, City and Southwestern Exposition and Fat Stock Show, the former name of SWELS,as the lessee,entered into a Lease Agreement(City Secretary Contract No. 14071)(the "Lease"), under the terms of which certain facilities at the Will Rogers Memorial Center ("Facility") were leased to the lessee for the purpose of conducting the Southwestern Exposition and Fat Stock Show; WHEREAS, through multiple amendments to the Lease, SWELS has contributed to and performed certain maintenance, improvements,and enhancements to the Facility; WHEREAS, the issuance of taxable bonds were authorized by City Council (M&C G- 19020) to fund, among other things, certain improvements, renovations and related infrastructure work on Cattle Barns One and Two and the Poultry Barn (collectively the"Cattle Barn Project"); WHEREAS,the City desires to have SWELS support the design efforts related to the Cattle Barn Project by retaining architectural and other professional disciplines (by direct contract or by subcontract) including, but not limited to, design services, engineering services, and architectural services ("Design Consultants"); WHEREAS, SWELS has agreed to procure such services in support of the Cattle Barn Project and the various stakeholders involved; WHEREAS,the estimatcd cost of the Design Consultants is $610,504.00, which SWELS will initially fund; WHEREAS, the City has agreed to reimburse SWELS for the actual costs incurred by SWELS in providing such services in support of the Cattle Barn Project up to a maximum amount of$610,504.00; and WHEREAS, SWELS shall not earn a fee for its procurement or project management services provided herein. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants and agreements herein contained, the City and SWELS agree as follows: Agreement 1 Responsibilities. 1.1 S% FLS. SWELS will procure professional Design Consultants for the Cattle Barn Project to provide the schematic design, architectural/engineering design, geotechnical services, and construction documents with cost estimates (the "Design Services") as reasonably- necessary for the City to construct the Cattle Bain Project. The Design Services will be based on specifications acceptable to the City. SWELS will not be required by the terms of this Agreement to provide any services (including, without limitation, construction administration, project management, or other similar services) in connection with the actual construction of the Cattle Barn Project. 1.1.1 Cost Participation. City agrees to reimburse SWELS its portion of the cost of procurement of the Design Services. City's reimbursement of SWELS for said Design Services shall be based on actual costs; however this amount shall not exceed Six Hundred Ten Thousand Five Hundred Four and 00/100 Dollars (S610,504.00). 1.1.2 Schedule. Within ninety (90) days after executing this Agreement, SWELS shall cause the Design Consultants to provide to the City the Construction Documents described in Section 1.1.6 below, all of which shall be subject to City's review and approval. 1.1.3 SWFLS's Contractors Subcontractors Professional Service Providers. In order to fulfill its obligations hereunder, SWELS shall, in consultation with the City, contract with such Design Consultants as are appropriate and necessary for the provision of the Design Services. 1.1.4 Consultation with City. SWELS shall consult with the City to clarify acid define City's requirements relative to the Cattle Bain.Project and review available data. 1.1.5 City Approval Required. City shall have the ultimate right to approve or disapprove the Construction Documents contemplated by this Agreement. In no event shall the City be required to accept, use, or implement any Construction Document, nor shall the City be required to construct the Project. 1.1.6 Adequate personnel. Sl�'l:I..S agrees to commit the personnel to the project as necessary __ in order to complete the Design Services in an expeditious manner. Page 2 of 13 1.1.7 Minimum Requirements of Design Consultants. SWELS shall contractually require the following from its Design Consultants: (a) Construction Documents: Preparation of detailed utility, grading, drainage, storm prevention, roadway, traffic signalization, traffic control, landscape, irrigation, hardscape and lighting plans along with detailed technical specitications, and detailed cost estimates (collectively, "Construction Documents"). (b) Six Sets of Construction Documents. Design Consultants shall submit six (6) sets of Construction Documents. (c) Format of Drawings i. The Design Consultants shall provide electronic files in PDF or DWF format for posting to the Internet. ii. The Design Consultants will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. (d) Elimination of Architectural Barriers. If legally required for the Cattle Barn Project, SWELS or one of the Design Consultants, at its sole cost and expense, shall engage a consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation ("TDI,R"). The City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Barriers Act. State of Texas. City- of: Fort Worth Codes and the Americans with Disabilities Accessibility Guidelines for Facilities, to the cxtent applicable to the Cattle Barn Projcct. (e) Mitigation of Environmental Impact. The Architect shall include reasonable procedures for mitigating environmental impact, use of recycled building materials, sustainable construction, and a building-commissioning program in the design of the project. (f) Estimates of Probable Construction Cost Submittals. [)esign Consultants shall submit an estimate of probable construction cost to Sok I:I,S, vdiich shall then submit same to City. (g) Final Design / Changes. Upon approval of the final design. the Design Consultants shall make whatever final changes are necessary and submit the drawings and technical specifications to SWELS, which shall then submit same to City for use in bidding. 1.1.8 Consistent with Construction Budget. SWELS shall procure the Design Services contemplated by this Agreement in a manner consistent with the City's not-to-exceed construction budget funding for the Cattle Barn Project of$14,000,000.00 ("Construction Budget"). Both parties acknowledge that the City may request that one or more ]terns be included in the Cattle Barn Project and bid as "add alternates"; however, the cost estimates provided under this Agreement shall include an estimate of probable cost for these items (if any). 1.1.9 Value Engineering, SWFLS shall inform the City in writing of the probable construction cost at the completion of the Design Semices. Should SWELS at any time during the design process believe that the construction requirements and specifications will cause Page 3 of 13 the Construction Budget to be exceeded, SWELS shall notify the City in a timely manner of the requirement for a revised Construction Budget. The City shall have twenty (20) business days within which to approve or disapprove the request. The City's approval will not be unreasonably withheld. The failure to respond within twenty (20) business days will be deemed to be approval. Any disapproval shall be in writing and shall describe in reasonable detail the reason for the disapproval. After approval by both parties, any revision, modification, or amendment if necessary to the specifications shall be delivered to the Design Consultants for incorporation into the plans. 1.1.10 Construction Budget Exceeded. If the Construction Budget is exceeded by the lowest bona fide bid, the City may (1) award the contract, (2) abandon the Cattle Barn Project, (3) revise the Construction Budget, or (4) cooperate in the reduction of the Cattle Barn Project scope and features as required to stay within the Construction Budget and rebid the Cattle Barn Project. If the City abandons the Cattle Barn Project, the City may terminate this Agreement upon payment to SWELS as per Section 2 below. 1.1.11 SWELS's Selection of Design Consultants. SWELS shall select Design Consultants, in consultation with the City, based upon the provider's demonstrated competence and qualifications to perform the work and procure the Design Services in accordance with applicable laws, including but not necessarily limited to,Title 6 of the Texas Occupations Code. It is acknowledged Hahnfeld Hoffer Stanford have been selected as the primary Design.Consultants. The City acknowledges that the foregoing Architect is acceptable as are their proposals and scopes of work, attached hereto as Exhibit A. 1.1.12 Cooperation with City-Selected Artist for Public Art Design. This project does not require a Public Art component. 1.1.13 S WELS's Role in Zoning and Platting. SWELS shall have no role or responsibility to secure any zoning, platting variances (except as may be included in the design phase of the improvements), encroachment agreements, easements, or waivers of any nature as part of this Agreement. 1.2 Cwt . 1.2.1 Cooperation. City will provide criteria and information as to City's requirements and designate a person with authority to act on City's behalf on matters concerning the Cattle Barn Project. 1.2.2 City's Project Management. The City Manager's Office will determine and provide the make-up of the City's Cattle Barn Project management team. The City's Project Manager will be Ronald Clements.. 1.2.3 Assistance with Existing Data. City will assist SWELS, as requested by SWELS, in obtaining existing studies, reports and other available data and services of others pertinent to the Cattle Barn Project and in obtaining additional reports and data as requested. Page 4 of 13 1.2,4 Entrance onto Property. Upon reasonable notice, City will arrange for access to and make all provisions for SWELS to enter upon public property as may be required for its Design Consultants to perform the Design Services. 1.2.5 Review. City will review all reports, recommendations and other documents and provide any required written decisions pertaining thereto within a reasonable time. 1.2.6 Examination. City may examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by SWELS, obtain advice of an attorney, insurance counselor and other design professionals as it deems appropriate for such examination and render in writing any required decisions pertaining thereto within a reasonable time so as not to delay the Design.Services. 1.2.7 Project Manual. Requirements. City will provide "front end", including Division 1 requirements, for use in assembling the Project Manual. SWELS shall cause the Design Consultants to upload the electronic version of the completed design documents into the City's Buzzsaw bidding site on the internet. 1.2.8 Construction Phase. City will manage the advertisement and bidding of the construction, issue addenda, distribute bid documents, and award the construction contract for the Cattle Barn. Project. In addition, City will administer the construction and provide inspection and management services. 2 Compensation. 2.1 Reimbursement. The City shall reimburse SWELS an amount equal to the actual costs incurred by SWELS in procuring the Design Services; however, that amount will not exceed $610,504.00, SWELS shall be paid the reimbursement upon funding for the Project becoming available and as invoices from the Architect are presented to SWELS for design work that has been completed. 2.2 Additional. Services. If at any time in the course of this Agreement, the City expands the scope of services, or SWELS believes the City has requested services that are beyond the scope of this Agreement, SWELS shall submit a proposal from Design Consultants for additional fees and a written agreement shall be reached on the proposal prior to SWELS proceeding with procuring the work that is considered to be beyond the scope of this Agreement. SWELS shall not procure any additional services for the Cattle Barn Project without a written agreement with the City. Any such additional services provided prior to reaching an agreement on additional fees will be non-compensable. 3 Work Product. All drawings, specifications, documents and other work product, including those in electronic form that are generated through the performance of the Services contemplated by this Agreement and all rights of ownership therein, whether common law, statutory or other rights thereto, including all copyrights and trademarks where applicable (collectively the "Work Product") shall be and remain the property of Page 5 of 13 SW EI,S and/or the Design Consultants as provided by agreement between SWELS and the Architect. Contingent upon payment in accordance with Section 2 above, the City is hereby granted an irrevocable perpetual but non-exclusive license to use and duplicate the Work Product for the purposes of constructing, maintaining, modifying. reconstructing, or demolishing the Project. SWEI-S will cause the Design Consultants to execute any documents that may be required to provide for such license. All designs, drawings, specifications, documents, and other Work Product, whether in hard copy or in electronic form, are instruments of service for the Project, whether the Project is completed or not. Meuse, 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 Design Consultants and SWE1,S will be at the City's sole risk. 4 Independent Contractor. SWELS shall operate hereunder as an independent contractor. and not as an officer, agent, servant, or employee of the City. SWLI.S 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, architects, engineers, contractors and subcontractors_ 'Fhe doctrine of respondeat superior shall not apply as between the City and SWELS, its officers, agents, employees, architects, engineers. contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between the City and SW1=I,S. S Professional Competence, Indemnification, and Limitation of Liability. 5.1 Professional Competence. All Design Services obtained by SWELS 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 having jurisdiction. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of SWELS or its officers, agents, employees, architects, engineers, contractors and subcontractors for the accuracy and competency of its services performed hereunder. 5.2 SWELS shall include a provision in substantially conformity with the following in its agreements with its Design Consultants: "In accordance with Texas Local Government Code Section 271.904, the Design Consultants shall indemnify or bold harmless the City of Fort Worth against liability for any damage committed by the Design Consultants or Design Consultants' agent, consultant under contract, or another entity over which the Design Consultants exercise control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. City of Fort Worth is entitled to recover its reasonable attorney's fees in proportion to the Design Consultants' liability. Page 6 of 13 5.3 Limitation of Liability. Neither the Design Consultants nor SWELS shall he liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits related to the Cattle Barn Project. 5.4 Approval by the City Not a Release. Approval by the City of documents shall not constitute or, he deemed to be a release of the responsibility and liability of SWELS, its architect, engineer, officers, agents, employees. contractors and subcontractors, for the accuracy and competency of the services performed under this Agreement, including but riot limited to surveys, location of subsurface investigations, designs, working, drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other engineering documents by SWELS, its architect, engineer. officers, agents, employees, contractors and subcontractors, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 6 l rt;urancc,. SWELS will cause the Design Consultants to fulfill the following insurance 1,0_1uircrrtctits: Pro l spit tlal Liability $1_000,000 c'1ch claim $1_()(M.000 rq,l gregate Commercial General Liability S 1,000,000 cacti occurrence $2,000,000 aggregate The City and SWELS shall be namedas additional insured parties. 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 Cattle Barn Project. The City and SWELS shall be named as additional insured parties. Worker's Colnpensation/Employer's Liability Coverage A: statutory limits Coverage B: S100,000 each accident 5500,000 disease- policy limit S 100.000 disease- each employee This policy shall be endorsed to include a waiver of subrogation in favor of the City and SWELS. Page 7 of 13 a. Certificates of insurance shall be delivered to the City of Fort Worth Property Management Department„ attention: Ronald Clements., 401 W 13`x' street., Fort Worth,TX 76102,prior to commencement of work. b. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. c. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation or non-renewal. A ten days' notice shall be acceptable in the event of non-payment of premium. d. 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. e. City shall not be responsible for the direct payment of insurance premium costs for SWELS's or Design Consultants' insurance. f. 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. g. Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the City shall not be called upon to contribute to loss recovery. h. In the course of the Agreement, SWELS shall report, in a timely manner, to the 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. i. Liability shall not be limited to the specified amounts of insurance required herein. j. Upon the request of City, SWELS shall obtain from the Design Consultants and provide to the City complete copies of all insurance policies required by this Agreement. 7 Transfer or Assignment. No party shall assign or transfer this Agreement or any of the rights or responsibilities hereunder without the prior written approval of the other party. The City and SWELS each bind themselves, and their lawful successors and assigns, to this Agreement. SWELS, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. 8 Termination at City's_Convenience. The City may terminate this Agreement for its convenience on thirty (30) days' prior written notice. Either the City or SWELS may terminate this Agreement for cause if the other party fails substantially to perform, through no fault of the other, and does not commence correction of such nonperformance within five days of written notice and diligently proceed thereafter to complete the correction. If the City chooses to terminate this Agreement under this Section, upon Page 8 of 13 receipt of notice of termination, SWELS shall discontinue the Design Services rendered up to the date of such termination, and City shall compensate SWELS based upon Section 2 hereof. 9 Right to Audit. SWELS 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 SWELS involving transactions relating to this Agreement. SWELS 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 SWELS reasonable advance notice of intended audits. SWELS agrees to photocopy such documents as may be requested by the City. The City agrees to reimburse SWELS for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 10 Observe and C2Mply. SWELS 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 Design Services 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. 11 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 Tan-ant 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. 12 No Waiver of Immunity. It is expressly understood and agreed that, in the execution of this Agreement, the City does not waive, nor shall it be deemed to waive, any immunity or defense that would otherwise be available to it. 13 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. 14 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the parties hereto, and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements. No amendment of this Agreement shall be effective unless agreed to in writing by all parties. Page 9 of 13 16 Authority. Each party represents that it has full authority to enter into this Agreement. grant the rights and benefits herein described, and satisfy the obligations hereunder, without violating the rights of any third parties or breaching any agreements with third parties. 17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original. 18 Severability. The provisions of this Agreement are severable, and if any ward, 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. 19 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: Susan Alanis, Assistant City Manager- 2.00 'I-exas Street Fort Worth, Texas 76102 With a copy to: City Attorney 200 Texas Street Port Worth,Texas 76102 S W ELS Attn: Brad Barnes, President and General Manager PO Sox 150 Fort Worth"I`x 76101 20 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. Page 10 of 13 (Remainder of Page Intentionally Left Blank) Page 1 l of 13 IN WITNESS THEREOF, the parties have made and executed this Agreement in multiple originals as of the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTII: SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW By: 4J'0( .A'v. By: , Susa�n�Tanis Edward P. Bass AssisTant City Manager Chairman of the Board By: Bradford/. Barnes Preside t City of Fort Worth Contract Compliance Manager: By signing 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name r Title: `ZA` APPROVED AS TO FORM AND LEGALITY: Leann D. Guzman Sr. Assistant City Attorney ATTEST: 0 R T :X City Sec �"'• Date: * r AGREEMENT AUTHOR M&C: C-28361 Date approved: 8-29-17 OFFICIAL RECORD CITY SECRETARY FT.WYORTH,TX Page 12 of 13 Exhibit A (Hahnfeld Hoffer Stanford Proposals Page 13 of 13 200 UaRLyAvenuz Stille 241U for[Worth.Texas 76107 eld U 17.92 1.5928 Office I Hao offer 817.302.0692 Pix 0 Stanford a rthlluc,5I plannura I nlorlars November 3, 2017 Mr. Bradford S, Barnes President and General Manager Southwestern Exposition and Livestock Show P. ❑. Box 154 Port Worth, TX 76141 Re: Architectural Design Services Will Rogers Memorial Center Cattle Barn 1/Poultry Barn/ Restroom Addition Dear Brad: Hahnfeld Hoffer Stanford appreciates the opportunity to provide. this design services proposal for proposed renovations to Cattle Barn 1 and the Poultry Barn, plus a new Restroom Addition. Cattfe Barn 1 and Poultry Barn will be upgraded with a new floor slab and stall assembly with new utilities, insulated roof and walls, and the creation of a new entry to the south. A new food court will be added to Barn 1 and the existing concessions in Barn 2 will be removed. The mezzanines in both Barn 1 and 2 will be removed. The wash areas will also be relocated to the existing Poultry Barn, The information contained herein is representative of our understanding of the scope of work and the scope of required services. Desfgn Team H h feld Hoffer Stanford Nan HUB): David R. Stanford, AIA Principal-in-Charge/Designer Lee A. Hll;, AIA Project Manager/Architect Ponce-Suess Englneering, LLC (HUB): Lucas G. Ponce, P,E, Principal 1 , Summit Consultants, Inc. (Nan HUB): J Garrett S. Brown, P.E. Principal Dunaway Associates (Non HUB): Jeffrey S,Taylor, P.E. Senior Project Manager BAI Non HUB): I Robert Lee Acoustician i OCOLLABORATION. i i F'oedser_vice Deslan professionals (Non HUB): Lance Brooks Project Manager K+K Associates, lnc_.11HU13): Sharon Krueger, AIA Registered Accessibility Specialist ' { Scone of Services Hahnfeld Hoffer Stanford will provide comprehensive basic design services including architectural, structural engineering, mechanical engineering, electrical engineering, and plumbing engineering, Civil Engineering, Audio/Visual Consultants, Kitchen Consultant, and Texas Accessibility Standards (TAS) review will be additional services. ARCHITECTURAL DESIGN SERVICES SCOPE OF WORK A. General Hahnfeld Hoffer Stanford will provide the following general design services: ■ Work in conjunction with the Fort Worth Stack Show & Rodeo and the City for the overall adminlstratlonjproject management for the Owner. i • Visual/aesthetic architectural design of the facility and related architectural Improvements, • Work with Owner to develop project goals, objectives, program of required spaces and total project budget; assist Owner In developing project schedule/construction budget and project milestones, • Review all design work for compliance with local building codes and zoning; and overall coordination of archltectural and engineering design services. • Assist in obtaining all permits, Owner and regulatory agencies approvals, variances or other exceptions to governing codes, laws and regulations. • Sign and seal Construction Documents as required by Texas Board of Architectural Examiners. I B. Ire-Design/Schematic Design • Reconfirm Owner's goal and objectives for project. • Coordinate and manage design work of structural engineer, MEP engineers, and additional service consultants. • Develop Revit model including floor plans and exterior elevations as required • Develop material and finish selections. Develop building systems for renovation of the barn enclosure. � • Mechanical, electrical, plumbing, and structural consultants will provide a narrative or "one line" drawings of proposed systems, i • Prepare presentation materials including plans and elevations necessary to generally describe design to Owner. • Meet with City of Fort Worth building o#flclal/planning development staff to review proposed building design; adjust deslgn as necessary to comply with thelr interpretations, • Lead project design reviews with the Owner and A/E team. 1 • Submit plans to estimator for construction budget review. C. Design Development • Reconfirm Owner's goals and objectives for project. • Make adjustments to scope and design to match prescribed budget. • Coordinate and manage design work of structural engineer, MEP engineers, civil engineer, and other consultants. • Further develop Ravit model to incorporate engineers input and model, and further detail building systems. i Prepare presentation materials necessary to generally describe deslgn to Owner. 0 Coordlnate specialty equipment to be Included In facility with suppliers. • Prepare Specifications for review by Owner and consultants. • Meet with City of Fort Worth building official/planning department to coordinate compliance with building codes. a Lead project design reviews with the Owner and A/E team. • Submit plans to estimator for construction budget revlew. D. Construction Documents Develop g drawin s/design information in sufflclent manner for general contractor bidding purposes. • Provide drawings/deslgn Information for Interior finishes, assernUles/compone nts, and special features of interior spaces, ' 1 i • Review and coordinate drawings prepared by all consultants for purpose of checking for conformance with visual, aesthetic and technical design i requirements. • Finalize all specifications for project. • Submit 95% Construction Documents for Owner rev€ew/approval; Incorporate Owner review comments, F. Bidding and Negotiation • Lead pre-bid conference to review Construction Documents plans with prospective Construction Manager at Risk. Prepare addend ums/ciariflcation I responses to bidder's questions. • Submit Construction Documents to state/local agencies having jurisdiction over project for review/approval. j • Assist Owner in review of Construction Manager at Risk gids; review references/qua€iflca#ions of subcontractors; assist In review of Construction Manager at Risk construction contract, bands and insurance requirements. F. Construction Administration • e e Proved architectural representation of Owner a# project site at intervals appropriate to stage of construction operations,to become generally familiar with the work and keep Owner Informed about progress and quality of the work completed, endeavor to guard against defects and deficiencies in the work, and determine In general if work is being performed in a manner that will be in accordance with Construction Documents when fully completed; Architect shall not make exhaustive or continuous site visits to check the quality of the work; Architect shall not control or have charge of, not be responsible far construction methods, means, techniques, job-site safety or sequences of work In connection with the project; these are the responsibilities of the Construction Manager at Risk under the Construction Documents; Architect shall not be responsible for Construction Manager at Risk's, sub-contractor's, and their agents acts or omissions, or failure to perform the work in accordance with Construction Documents. • All Owner/Construction Manager at Risk communications about matters arising out of or relating to Construction Dacuments shall be through Architect's office. ■ Review/certify monthly applications for payment based upon evaluation of the work In place and Construction Manager at Risk's current schedule of values. i ■ Review/take appropriate action on construction submittals such as shop drawings, product data, and samples, + Review/take appropriate action on reasonable request from the Construction Manager at Risk on additional information, clarifications, interpretations related to the work., requests for information, etc. i • Review change proposals and change orders requested for project when related to the work, review Construction Manager at Risk as-built documents, • Prepare Substantial Completion punchllst and review Construction Manager at Risk's project close-out documents prior to release of final payment. BASIS OF COMPENSATION f Basic Services Hahnfeld Hoffer Stanford proposes a design fee to be paid for by the Fort Worth Stock Show & Rodeo of $756,000 for Architectural Design Services, including Structural, Mechanical, Electrical, and Plumbing Engineering. The Scope of work will Include Conceptual Design, Schematic Design, Design Development, Construction Documents, Bidding and Negotiation, and Construction Administration for the.project based on aE construction budget of $14,000,000. The design fee will be based on the following breakdown per division of scope of work: + Conceptual Design $ 20,000.00 • Schematic Design $ 24,000.00 • Design Development $ 92,000.00 • Construction Documents $300,000.00 I` • Bidding and Negotiation $ 45,000.00 I + Construction Administration $275,000.00 Additional Services Additional services for this project include civil engineering/surveying/landscaping, audio visual consulting services, food service design, and TAS plan review. 1, Dunaway Associates, Inc., for civil engineering/surveying/landscaping/irrigation - $74,450.00. 2. K+K Associates for TAS plan review and Inspection-$11,872.00. 3. RAI, Inc.for audio/visuat design -$20,000.00. 4. Foodservice Design Professionals for kitchen design - $15,500.00. 5. CMI Engineering for soil tasting- $7,000.00 (Invoiced directly to FWSSR). REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to Basic Services and Additional Services and include actual expenditures made necessary by our Architectural Services and include actual expenditures made by the Architect's employees and consultants in the interest of the Project. These include the following: • Reimbursable expenses for printing, including final Design Development and Construction Document printing for Construction Manager at Risk bidding is $22,500.00, Expense of fees paid for securing approval of authorities having jurisdiction over the Project. OWNER'S RESPONSIBILITIES The Owner will make available any existing documentation to the Architect for his use, The Owner will be responsible for non-constructlon issues assoclated with the development of the project, Architect will assist Owner with the preparation of drawings and diagrams as necessary to submit to the City of Fort Worth for planning development plan reviews. Hahnfeld Hoffer Stanford and our consultants will be available for staff planning reviews. 1 The Architect will assist Owner In obtaining vendors for the services not Included in this proposal, Including but not Ilmlted to environmental engineering, geotechnical testing, and independent construction material testing. We certainly look forward our continued relationship with the Fort Worth Stock Show & Rodeo and the City of Fort Worth, as we provide design services for your project. If you have any additional questions or comments, please advise, Sincerely, HAHNFELD HOFFER STANFORD archl cts planners Interiors f� David R, Stanford,AIA Principal PONCE-FUESS Engiiieerincgr■ i I Pro oral far Professional Engineering Services p i� � Proposal to: David Stanford,AIA Hahnfeld Hoffer Stanford, Inc. 200 Batley Ave Suite 200 Fort Worth, Texas 76107 Date: November 2,2017 1 Project Will Rogers Memorial Center--Cattle Barn 1 and Small Animal Barn Renovations Ft, Worth, 'texas Pr%ct Renovations to Cattle Barn 1 and Small Animal Barn at the Will Rogers Memorial Deserlptlon Center; • New food court area inside Cattle Barn 1, • New slab-on-grade and cattle tie off walls in Cattle Barn 1, • New main.entry door and canopy at the south end of Cattle Barn 1 and south end of the Small Animal Barn. Enlarge existing-east and west door openings at foyer at north end of Cattle tarn 1, • Now roof deck at Cattle Barn i, • New rneta I deck at walls of Cattle Barn 1 and SrnaII Animal Barn, • Restroorn addition at the north end of the Small Animal Barn(between Cattle Barn 1 and the Sheep Barn) • New roof deck at the Small Animal Barn • New slab-on-grade and wash bays at the Small Animal Barn • Demolition of existing mezzanine inside Cattle Barn 1 and Cattle Barn 2. Basic Ssrvices Structural Engineering services described as follows: Design Development • Prepare structural plans, typical details and wail sections of the selected structural system. • Consult regarding geotechnical recommendations and impact on the project, • Evaluate geotechnical recommendations for foundation design and coordinate with the geotechnical consultant, • Consult regarding fire resistance,requirements and their impact an structural systems • Attend design meetings. Construction Documents • Prepare designs and drawings for bidding and construction of the primary structural system and foundation. + Assist with details and specifications of architectural components(exterior-wells, suspended room dividers,catwalks, steel stairs)•excluding curtainwalI design. • Prepare structural specifications and assist with related architectural sections such as earthwcrk, masonry, miscellaneous metals,etc, e Coordinate structural documents with architectural documents and other engineering disciplinas based on information provided, • Attend local design meetings. BIdding,/Cvntract'Negotletion • Attend a Pre-bid Conference, If requested • Assist with subcontractor bid evaluation • Prepare structural addenda as necessary • Respond to questions from bidders 3333 Lee Parkway Sulfa 475 T.469,310.2860 Dallas,Texas 75219 www.ponoe�tuess.com Poposal— 16104-2 and 3 Page 3 of 4 i I PONCE-FUE55 Engineering Proposal far Professional Engineering Services p g � Construction Adinlnisfratlon • Attend a pre construction conference, If requested • Interpret or ciarlfy documents during construotlon ■ Asslst with structural change order proposals and change orders • Assist evaivalion of change orders • Review required structural submittals for conformance to contract documents ■ Review and evaluate material tests and inspection reports ■ Periodic conformance review during structural construction. Basic Services include Up to 8 trips to site for either on-site conferences or conformance reviews Services excluded • Design of curtainwall systems ■ Clesign of cold farmed metal framing ■ GeDtechnical engineering and inspection of related aspects of construction (backfill,sol)compaction,pier drilling) • Construction cost estimating • Construction related services (earth retention systems, concrete shoring systems, temporary bracing of steel frames) • Inspection or supervision of construction • Review of construction submittals other than those required by the contract for construction • Services relating to permitting of work for constructlon • Exhaustive verification of existing conditions, materials and dimensions of exlsting structures + Extensive 3D modeling of existing building structures, Modeling of existing structure is limited to that required to produce structural construction documents. Any additional modeling requested will be an additional service, Fees for Basic Professional Fees for Basic Services are proposed as follows: Services Stipulated Sum Basls Design Development Phase $17,937.50 Construction Documents Phase $37,500.00 SId/Negotiation Phase $4,600.00 Construction Administration Phase $30,000.00 Fees will be invoiced monthly based on estimated completion by contract phase: Reimbursahle Project expenses wl11 be invoiced,at cost,.in addition to Basic Fees as follows: Expenses Item Estimated Amount Printing&Copying(1) 0 Auto Expenses(@IRS Standard Rate per Mile) $800 Courier/Expressage Charges 300 Total Estimated Reimbursable-Expenses $1,100 Notes: (I) Special note regarding printing; Proposal includes providing progress drawings, permit drawings and drawings for construction,Thls can be In electronic format(P.DF, for example)or bond prints, at GIlent's option. 0 Any other printing requested of PFE will be a reirnbursable expense, 3333 Lee Parkway 5u1fe 475 1.469.31D-2860 batlas,Texas 75219 www,ponce•lvess.cvrn Proposal 16104.2 and 3 Page 2 of 4 PONCE-FUESS Engineering � Pro nsal for Professional Engineering Services Quallflcatlons + Client to provide subsoil Investigation and professional geotechnical engineering recommendations for design of foundations,slabs supported on soil., subsoil { dral nage and earth•retalning walls, • Proposal Is based on soil-supported floor slab("slab•on�grade")at ground level. Proposal does not include design of structuraIlly.supported ground floor slab (over crawispace or formed void). Design of structurally-supported ground floor slab,if required,will be an Additional Service. • Proposal does not Include design of site structures(e.g., paving, stairs,site walls, retaining walls,bridges,shade structures, arbors)located outside of boding perimeter. + Proposal does not include design of landscape structures. Proposal does not include printing for Owner,city or contractor review,or for permitting or construction. ■ Revit BIM software will be used as tool for production of Construction Documents. Proposal includes conventional exchange of structural pians, sectlons, and details for document coordination and construction purposes, Progress copies of Revit model may be provided to design team for reference during coordination.Copy of'as Is"Revit model may also be made available for contractor use upon receipt of executed Ponce•Fuess Engineering's Electronic File Waiver&Indemnification Agreement,Ponce!Fuess Engineering retains ownership rights to and control of structural Revit model. • Level of Development(LOD)of design Revit structural model will be less than or equal to LOD 300(as defined by AIA document G202). An LOD greater than 300; if requested, maybe available as an Additional Service • Proposal does not include issue of earlyrelease structural documents(for bidding or construction of foundation or superstructure priar to release of complete project documents). Client to provide as bulit drawings of existing construction to be modified or appended. Verification of existing conditions, materials and dimensions is not included fn this proposal. + Existing building structure components may be included in the design Revit structural model, but only to the extent necessary to define scope,detail,and I dimensions of new structure I + Attendance at local design meetings(requiring travel of up to 50 miles from Ponce•Fuess Engineering's office)is included in Basic Services, ■ Cut-of-town meetings; Attendance at out-of-town design meetings(greater than 50 miles from Ponce�Fuess Engineering's office)is available as an Additional Service. + This proposal is based on the duties and responsibilities of both Engineer and Architect defined in the AIA standard contract Documents 0441,and as expanded or modified under"Scope of Services", Addltlonal Services required and authorized beyond the scope of Basic Services will be invoiced on Services the basis of personnel time and expenses. • Employees 'Table of employee rates available on request. + Expenses 1.00 times cost. 3333 Lee Parkway Sulle 475 T.469-310,286D Dallas,Texas 75219 www.ponce•fuess.com Proposal- 16104.2 and 3 Page 3 of 4 i PONCE-FUESS Engineering � Proposal for Professional Engineering Services i i Contract Farm AIA Document C-401, or equivalent. In lieu,of an executed contract, this proposal will serve as the interim agreement for professional services: Duration This proposal is valid for a period of 6 months from the date that the proposal was made and signed below. END OF PROPOSAL Proposal made by.- Proposal accepted by: Lucas Ponce,PE (S�gaaru�e} President PONCE-FUE5S Engineering,LLC {printed mama) (Elate) � I 3333 Lee Parkway SUIta 475 1469.310.2860 Dallas,Texas 75219 vs+ww.ponce-fu.ess.com Proposal-- 16104.2 and 3 page4 of 4 I i ,�-1'ASUMM 'Idt CON 5 U L T A N T S , 1 NC . � i April 4, 2016 i Hahnfeld Hoffer Stanford � 200 Bailey Avenue, Suite 200 Fort Worth, Texas 76107 Attn.: David Stanford, AIA Re: WRMC Cattle Barn 1 Gentlemen: Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the provision of mechanical, electrical, plumbing, and fire protection engineering services for the referenced project. I SCOPE CE SERVICES; BASIC SERVICES � Summit will provide construction documents and construction administration for the design of renovations to Cattle Barn 1 and the Small Animal Barn. The projects Include an approximate total of 100,000 SF. It is understood that the extent of renovation to the Small Animal Barn are not fully established at this time. Elements of the project include: • Cattle Barn 1 renovation • Small Animal Barn Renovation • Addition.of a food court to Cattle Barn 1 • Removal of mezzanine in Cattle Barn 1 and Cattle Barn 2 • Restroom addition at north end of Small Animal Barn • Wash area addition at south end of Small Animal Barn The fire sprinkler and alarm system requirements will be addressed via performance specifications included in the contract documents. The Contract Documents will require that the fire sprinkler and alarm system be furnished as a design/build effort by a licensed fire protection contractor and that the system and design to comply with the indicated and specified hazards and system type. Summit's design will extend utilities originating in the building to a point 5ft. outside the building line excluding any sight lighting and power. Basic Services will include the review of submittals and shop drawings for equipment and systems designed and/or specified by Summit. Submittal review will be limited to the initial review and one re-submittal per specification section. Basic Services will include response to Request for Information on issues within Summits scope of work. Basic Services wlll i 1 I April 4,2016 Page 2 include sight meetings during design, sight observations during design, and sight observations by mechanical, plumbing and electrical disciplines during construction. The purposes of Summit's sight observations are to review quantities, sizes of l utilities/equipment and location of utilitiesfequipment, if existing equipment or utilities are to be re-used, Summit takes no responsibility or liability for the condition of subject i equipment and/or utilities to be reutilized, Summit will complete the HVAC and electrical portions of applicable energy code reports. i The Architect will perform building envelope portions of the report, Drawings will be prepared in AutoCAD Release 2010. ADDITIONAL SERVICES (IF REQUESTED) Revisions to previously approved plans andlor specifications. Analysis or Incorporation of any proposed value engineering or substitution items. Development of a set of record drawings based on the contractor's mark ups. Drawings prepared utilizing Autodesk Revit Building Information Modeling (BIM) software. Design andlor construction phase corn missloning services for MEP&FP systems. HAHNFELD HOFFER STANFORD WILL: Provide building and site base plans in AutoCAD Release 2010 or higher for use by Summit in preparation of engineering drawings. Perform or provide all required printing of plans and specifications for design coordination, submittal for code review, and.bid packages. Advise Summit of the applicable codes and design standards. Provide a design schedule for the project and advise Summit of any revisions to the schedule which may occur, Provide documentation for all owner furnished equipment requiring mechanical, electrical, or plumbing connections or support. COMPENSATION FOR ENGINEERING SERVICES: Summit Consultants will ba paid for Basic Services the stipulated sum of $101,500.00, plus reimbursable expenses times 1.1 Corn pensatlon far other Additional Services will be on the basis of direct salary cast times 2,9 plus reimbursable expenses times 1.1. Please see Attachment B HaurluBilling Ranges for current total billing ranges for Summit personnel. Statements for services will be submitted monthly and will be due upon receipt. A 2% i discount will be credited to the account if Summit Consultants, Inc. receives payment for services within ten days of the date of the statement. Accounts that are more than 45 days old will be charged interest at the rate of 1% per month. 1 I i i Apri14,2016 Page 3 I The Basic Services fee payment schedule wlll be based upon a monthly estimate of completion of the work, not to exceed_the following amounts at the speoifled phases of the ; project: i PHASE AMT. DUB BASIC SE.R.VIGES ACCUMULATED FEE TOTAL Completion of Design Development $19,004.00 $19,000A4 Completion of Construction Documents $62,500.00 $81,500.00 Completion of Final Observation Visit & Report $20,000.00 $101,500.00 Additional Services fees will be billed monthly based on the percentage of completior: of the Additional Service, TERMS AND CONDITIONS: I I Work under this proposal will be performed in accordance with Attachment A Terms and Conditigns for Professional ggaices, dated October 14, 2003. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indjeated 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, SUMMIT CONSULTANTS, INC. HAHNFELD HOFFER STANFORD By: GatiY'ett S.Bro-wn,M. Principti3 Title; j Date; I SUMMit C ONS L1 LTANTS , INC , April A, 2016 ; I Hahnfold Hoffer Stanford 200 Bailey Avenue, Suite 200 Fort Worth,Texas 78107 Attn ; David Stanford, AIA Re: INRMC Cattle Barn 1 Gentlemen: Summit Consultants, Inc. (Summit) Is pleased to offer the following proposal for the provision of mechanical, electrical, plumbing, and fire protection engineering services for the referenced project. SCOPE OF SERVICES: I BASIC SERVICES Summltwill provide construction documents and construction administration forthe design of renovations to Cattle Barn 1 and the Small Animal Barn. The projects include an approximate total of 100,000 SF. it is understood that the extent of renovation to the SmaiI Animal Barn are not fully established at this time, Elements of the project Include: • Cattle Barn 1 renovation Small Animal Barn Renovation Addition of a food court to Cattle Barn t + Removal of mezzanine in Cattle Barn 1 and Cattle Barn 2 • Restroom addition at north end of Small Animal Barn • Wash area addltlon at south end of Small Animal Barn The fire sprinkler and alarm system requirements will be addressed via performance speclf[cations Included in the contract documents, The Contract Documents will require that the fire sprinkler and alarm system be furnlshed as a design/build effort by a licensed fire protection contractor and that the system and design to comply with the indlcated and specified hazards and system type. Summit's design will extend utilities originating In the building to a point 5ft, outside the build€ng-line excluding any sight lighting and power, Basic Services will include the review of submittals and shop drawings for equipment and systems designed anchor specified by Summit. Submittal review will be limited to the initial 1 review and one re-submittal per specification sectien, Basic Services will Inolude response to Request.for Infornnatlon on Issues within Summits scope of work. Basic Services will L i April 4, 2015 Page 2 Include sight meetings during design, sight observations during design, and sight. observations by mechanical, plumbing and electrical disciplines during construction, The purposes of Summit's sight observations are to review quantities, sizes of utilities/equipment and location of utilltles/equipment. if existing equipment or utilities are to be re-used, Summit takes no responsibility or Ilability for the condition of subject equipment and/or utilities to be reutilized, Summit will complete the HVAC and electrical portions of applicable energy coda reports, The Architect will perform building envelope portions of the report. Drawings will be prepared In AutoCAD Release 2010. ADDITIONAL SERVICES (IF REQUESTED) Revisions to prevleusly approved pians andlor specifloations. Analysis or i ncorporat lo n of any proposed value engineering or substitution Items, Development of a set of record drawings based on the contractor's mark ups, Drawings prepared utilizing Autodesk Revlt Building Information Modeling (BIM) software. Design and/or constructlon phase commissioning services for MEP&FP systems, HAHNFELD HOFFER STANFORD WILL; ' Provide building and site base plans In AutoCAD Release 2010 or higher for use by Summll In preparation of engineering drawings. Perform or provide all required printing of plans and speclficatlons for design coordination, submittal for code review,and bid packages. Advise Summit of the applicable codes and design standards. Provide a design schedule for the project and advise Summit of any revisions to the schedule which may occur. Provide documant ation for all owner furnished equipment real uiring mechanical,electrical, or plumbing connections or support. COMPENSATION FOR ENGINEERING SERVICES: Summit Consultants will be paid for Basic Services the stipulated sum of $82,500.00, plus rel mbursabla expenses times 1,1. Compensation for tither Additional Services will be on the basis of direct salary cost times 2.9 plus reimbursable expenses times 1A. Please see Attachment B.Hourly Bllllng Ranges for current total billing ranges for Summit personnel. Statements for services will be submitted monthly and will be due upon receipt, A 2% discount will be credited to the account if Summit Consultants, Inc, recelves payment`or services within ten days of the date of the statement, Accounts that are more than 45 days old wlll be charged interest at the rate of 1%per month, I I I April 4,2016 Page 3 The Basic Services fee payment schedule will be based upon a monthly estimate of cDrnplelion of the work, not to exceed the following amounts at the speclflad phases of the project: t-� !80f [v GSE )A' Completlor, of Design Development $19,000.00 $19,000,00 Completion of Construction Documents $43,500-00 $62,500.00 Completion of Final Observation Visit& Report $20,1700.00 $82,500.00 Additional Services fees will be billed monthly based en the percentage of completion of the Additional Service, TERMS AND CONDITIONS: Work under this proposal will be performed In accordance with Attachment A Te ms and Condiflons for Professional Services, dated October 14, 2003. FORM OF CONTRACT: If this proposal meats wlth 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, SUMMIT CONSULTANTS, INC. HAHNFELD HOFFER STANFORD By: )� CarrottS,Bzown,P Principal Tltie: Date: Attachment A TERMS AND CONDITIONS FOR ' PROFESSIONAL SERVICES j DEFINITIONS: The term CLIENT as used herein refers Hahnfeld Hoffer Stanford The term ENGINEER refers to Summlt Consultants, Inc., its employees and agents and Its subcontractors. The AGREEMENT consists of these Standard Terms and Conditions, the proposal fetter by ENGINEER, the AIA Standard Form of Agreement between Archftect 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 to a change In the time or cost to the ENGINEER to provide services under the AGREEMENT shall result in a mutually acceptable modlflcation to the time and compensation levels In the AGREEMENT. Such changes shalt be made in wrlting 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 Workers' Compensation Each Accident $ 500,000 Automobile 11-lability 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 fess. 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 attrlbutabis to E=NGINEER'S reliance upon, or use of, data, design data, plans, specifications, or other Information furnlshad 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 October 29, 1999 + I Terms And Conditlons For Professional Services Page 2 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, foss 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 trlps defined In the AGREEMENT to observe the progress and the quality of work, The ENGINEER shall not have control or charge of, and shalt 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 Summit's error, any required Item or component of the project Is emitted from the Construction Documents, Summit 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 otherwlse necessary to the project or otherwise adds value or betterment to the project. Summit's liability will be limited to the cost of provlding 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 medlation, the sole remedy shaft by adjudlcatlon through courts of law, Arbitration wlll not be utilized, CERTIF=ICATE 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 disdpllne as the ENGINEER and licensed In the state In winch the pro]ect 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 simllar ' circumstances; and c) state in detall 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 ENGINEER not less than thirty X30} 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. f ATTORNEYS' FEES: In the event of any litigation arising from or related to this Agreement or the services provided October 29, 1999 1 i I Terms And Conditions For Professional Services Page 3 l under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable casts 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; ■ Travel outside of Tarrant, Denton,or Dallas counties. Hotel, motel, alrfare, meals, and transportation costs when outside Tarrant Denton, or Dallas counties. 1 E October 29, 1999 I 9 i Attachment 6 SUMMIT CONSULTANTS,INC. Hourly Billing lunges EMPLOYEE CLASSIFICATION BILLING RANGE LOW HIGH Principal $139.20 $197.20 Mechanical Engineer $81.20 $130.50 Electrical Englneer $81.20 $133.40 Mechanleal Designer $58.00 $116.00 Electrical Designer $58.00 $116,00 Plumbing Designer $55,10 $110,20 GADD Technician $49.30 $72.50 Ward Processor $43.50 $58.00 I� i 12/17/2013 i DUNA AY Dunaway No. P001030.006 April 7, 2016 Mr. David Stanford,AIA Hahnfeld Hoffer Stanford 200 Bailey Avenue, Suite 200 Fort Worth,TX 76107 'iia e-mail: dsfanford@hahnfeld.cam Reference: Proposal for Professional Services WRMC Cattle Barn 1 in Fort Worth, Texas Dear Mr, Stanford: Dunaway Associates, L,P. (Dunaway) is pleased to submit this proposal for professional land surveying, civil engineering, and landscape architecture services on the above-referenced project. Based on our site visit and the attached exhibit noting the scope area, we believe the following scope of services will meet your needs for this project, Project Understanding Civil Eng inearirig, Landscape Architecture, and Surveying services noted below 1n detail to serve t the renovation of the Will Rogers Memorial Center Cattle Barn 1 and the Shaw Arena to its west, Executive Fee Summary Land Surveying 1.❑Option 1 —Cattle Barn 1 & Poultry Barn Topographic Survey $9,000 Lump Sum El Option 2--Cattle Barn 1 Scanner& Conventional Topographic Survey ..$35,000 Lump Sum 2. Subsurface Utility Exploration (SUE),....,............r.......... .................. $14,250 Lump Sum Civil Engineering 3. Public Utility Connection............... ............................................................. $3,75D Lump Sum 4. Construction Plans&Specifications--Private Improvements......... ............$23,750 Lump Sum 5. Storm Water Pollution Prevention Plan (SVVPPP)....... $2,100 Lump Sum 6. Owner Meetings & Conference Calls................................................... $3,600 Hourly Estimate 7. Franchise Utility'Ccord!nation.................................................................. .$1,754 Hourly Estimate 8. Construction Administration.........., $2,750 Hourly Estimate Landscape Architecture 9. Urban Forestry Plan........... ........................$2,600 Lump Sum 10, Landscape Architecture—Planting Deslgn.. ...............................$3,60D Lump Sum 11. Irrigation Design .................. $2,400 Lump Sum Total with Survey Option 1: $57,450 Lump Sum & $8,100 Hourly Estimate Services Total with Survey Option 2: $92,450 Lump Sum & $8,100 Hourly Estimate Services i I Proposal for Professional Services WRMC Cattle Barn 1 in Fort Worth, Texas April 7, 20161 Page 2 FEE ` Dunaway proposes to provide the scope of work described below for a fee as shown above, plus reimbursable expenses and any applicable State Sales Tax. All administrative and application fees required by review authorities will be paid by the Client and are not included in Dunaway's f proposed fee. Please find attached to this proposal our Standard 'Perms & Conditions for professional services, which is also part of this proposal. DETAILED SCOPE OF WORK I LAND SURVEYING 1. ❑ Opti o n I --Cattle Darn 1 and Pou[try Barn Too ra ghic Surve — Dunaway will provide a Topographic Survey of the subject area as shown on the attached Exhibit "A" and will include that area from the north face of the two Barns to the south curb line of Burnett Tandy Drive, the south face of the two Barns southward approximately 54-feet into the parking lot. Both of these areas we will show one-foot interval contours will be developed based upon the results of the measurements taken. Existing visible utility facilities wili be located and depicted on the face of the survey along with any other visible improvements situated within the defined area, The vertical datum upon which the elevations are based will be City of Fort Worth. Dunaway will provide the interior of Cattle Barn 1, with elevation points at key features of the floor, overhead structure, elevation of the bottom of the new window line on the east wall of Cattle Barn1 and as shown on the attached exhibits"B" & "Cr` Dunaway will provide the interior of Poultry Barn, with elevation points at key features of the floor and elevation shots on the concrete floor in a 5.0'grid. As owner of the property, Client hereby authorizes Surveyor to enter upon the property for the purposes of conducting Surveyor's work thereon. If Client is not the owner of the property, Client is to obtain such authorization from owner and provide same In writing to Surveyor at the same instance that Surveyor receives the written notice to proceed. ❑ ❑ Option 2 — Cattle Barn 1 Scanner & Conventional T000graphic Sgnrev — Dunaway will provide a Conventional Topographic Survey of the area from the north face of Cattle Barn 1 & Poultry Barn to the south curb line of Burnett Tandy Drive, the south face of the two Barns southward approximately 50-feet into the parking lot. Both of these areas we will show one-foot interval contou,s will be developed based upon the results of the measurements taken, Existing visible utility facilities will be located and depicted on the face of the survey along with any other visible improvements situated within the defined area. The vertical datum upon which the elevations are based will be City of Fort Worth. Dunaway will use a scanner to map and define the interior of both Cattle Barn 1 and the Poultry Barn. Please note this task will be completed in a minimum of 8 weeks from notice to proceed. G:Troduc llort5 00100 0 70\BD010 3 W rop us ORMOP DO 1030.036-WR M GCatl le 8 ar n 1-P rn p oe a 1-1 a-04 07.d= I I Proposal for Professional Services WRMC Cattle.Barn 1 in Fort Worth, Texas April 7, 2016/ Page 3 ! 3. Subsurface UtIlity Exploration SUE —Dunaway has solicited a bid for a subsurface utility exploration (SUE)for this project. The SUE will identify franchise & public utility locations and potential conflicts with the proposed project. This work will be coordinated with the topographic survey to minimize utility conflicts during construction and increase the accuracy of the construction documents. The SUE will be performed at a Level B service to locate all utilities horizontally, Upon completion, vertical elevations can be obtained by conducting a Level A service. Scope of Work Based on information provided by Dunaway, TRG has developed a preliminary scope for the SUE work required for this project. The scope of work may be modifled, with Dunaway's concurrence, during the performance of the SUE fieldwork if warranted by actual field findings. The scope of this proposal includes Quality Level "B" SUE in the areas surrounding the proposed detention pond and drainage laterals. Designating of utilities on the private property found by these efforts will' be included in the scope of work of this proposal, Utilities to be designated include both City (water, sanitary sewer, storm drains) and franchise (telecommunications, electric, gas, etc.) utilities, Quality Level "A" SUE Is also included in the scope of work, For the purpose of this proposal, we have assumed that 5 test holes will be required. Designating Procedures Prior to beginning field designating activities, TRG's field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic Induction, magnetic) will be used to designate metallic/conductive ut'iitles (e.g, steel pipe, electrical cable, telephone. cable). TRG will attempt to designate non-metallic/non-conductive utilities by rodding. Where access is available, a sonde will be inserted into the utility line (e g. PVC gravity sewer pipe) to provide a medium for signal transmission, which can then be designated using geophysical equipment. Deliverables TRG will produce a utility file depicting the position of designated utilities and test holes. The size of each utility will be Indicated in the file if this information is available in acquired record drawings. A summary sheat containing the data collected at each test hole Iocatlon will also be prepared. Dunaway will provide TRG with base map/topographic files in CAD format for use in preparing the deliverables. CIVIL ENGINEERING 4, Public Utility Connection -- Dunaway will coordinate and prepare the necessary exhibits and quantities for the City of Fort Worth's City Forces Department to connect water and sewer improvements from the existing facilities to the MEP connections.. The exhibits will be submitted to the City of Fort Worth's City Forces Department for review and approval. G: mduclloo5W001000150 03Ofroposa*WIPQ01430.008-WRMCCalllo13arn1-Proposal-1B-CI07.dacx ...- .;f;^ 1?•,.'i ih 1•. +;:I :.)` I -:Y•-; I;r. .. .`i ,i'•,� $: ;,ly,1, %:i;M Proposal for Professional Services 1NRMC Cattle Barn 1 In Fort Worth, Texas April 7, 20161 Page 4 5. Construction Plans & Specifications -- Private Improvements -- Dunaway will prepare construction plans and review architectural provided specifications for the private improvements required for this project. These plans will be signed and sealed by a { Registered Professional Engineer licensed in the State of Texas and will be processed with the City of Fort Worth for approval and construction, A tentative list of drawings anticipated to be prepared for this project follows: Demolition Plan Site Pian & Dimension Control Plan Site Details 1 Grading Plan & drainage Pian Storm Drain Details , Paving Plan Erosion Control Plan Erosion Control Details 6. Storm Water Pollution Prevention Plan SWPPP -- Dunaway will prepare a SWPPP template for use by the Client's contractor. This template wjll be prepared in accordance l with Texas Commission on Environmental Quality (TCEQ) regulations for the Texas Pollutant Discharge Elimination System (TPDiES). It should be noted that it will be the Client's contractor that will be responsible for completing the information required by the template and for performing the required Inspections and maintenance reports. Dunaway will assist the Client in completing the required Notice-of-Intent (NO[)that will need to be filed by both the Client and the contractor. 7. Owner Meetings & Conference Calls (Hourly Estimate) — Dunaway will attend required meetings and conference calls on an as-needed basis. As part of the base scope of services we have included up to twenty (20) man-hours for this effort, if additional time is required by the Owner, we can perform this service on an hourly basis. 8 Franchise utility Coordination (Hourly Estimate) — Dunaway will coordinate with the franchise uVilty companies to have the overhead facilities removed or relocated as needed. Dunaway will also assist the Client in negotiating shared easements between franchise utility companies. Coordination with the franchise utility companies for the addition or removal of easements is Included in this task. All fees associated with the relocation of utility facilitles will be covered by the Client. Due to the unknown effort required by this task, Dunaway will provide an hourly estimate and provide written notice to the Client with a revised fee if the budget is to be exceeded. 9. Construction Administration (Hourly Estimate)' -- Once the 1006fo Construction Drawing J plans are completed or the Building Permit Is issued, Dunaway has completed the Base Scope of Services. Any additional revisions to the construction documents, construction meetings, value engineering changes, or construction administration items will be billed as an hourly.service. Dunaway will provide construction administration services as follows: a. Review and respond on the Client's behalf for shop drawing submittals related to i elements of the design for which Dunaway is responsible. b. Review and respond to written Requests for Information from the Client's ' contractor regarding elements of the design for which Dunaway is responsible. C, Attend additional meetings as necessary during construction. G:%Producllon5001001000580010801PrapcBIA006)POD i 030.006-WRMCCaII ab4irnI-Proposal-16•C407.docx r.' ii. i i'. , ' i N. .;n.i-• ..i: I:,I !'�. .. F,rY.r',. . .Y '_I• .:1(ILYl'/f) ;•. ."11 r.'.5.'Y;1rT 1 Proposal for Professional Services WRMC Cattle Darn 1 in Port Worth, Texas April 7, 20101 Page 5 LANDSCAPE ARCHITECTURE 10, Urban Forestry Plan — Dunaway will prepare and submit the appropriate exhibits and application for a Phase 1 and Phase 11 Urban Forestry Flan, The Phase I Plan indicates the existing canopy on the property and the proposed retention (required to be 25-30% of I the existing "Protected 'frees"). The Phase 11 Plan indicates the proposed planting based on the landscape plan to meet the Ordinance's canopy coverage. This permit needs to be approved prior to any trees being removed from the property. 11. Landscape Architecture--Dunaway will develop a Conceptual Planting Plan for review by the Client. This preliminary plan will note ail proposed planting areas and the general type of plant material proposed. This conceptual plan will take Into consideration applicable ordinances and guidelines. The Planting concept wlil be produced by hand.or in CAD, Dunaway will review these conceptual Planting design drawings with the Client and address any comments in a refined preliminary design plan and image boards for the planting and softscape elements. Planting Design -- Dunaway will produce detailed planting plans based on the approved preliminary design taking Into consideration any comments from the Client, Dunaway will produce planting plans at an appropriate scale indicating plant Location, species, quantity, size, etc. The plans will be produced under the supervision of a licensed Landscape Architect and will be suitable for submittal to the appropriate municipal agency and for bidding. 12, Irrigation Design — Upon completion and approval of the final planting plan, Dunaway will ' produce irrigation plans indicating irrigation component locations and installation details for heads, valves, piping, controllers,etc.,which will be prepared to a level consistent with submission to the appropriate municipal agency and for construction. The plans will be produced under the supervision of a licensed Irrigator to a scale appropriate to the level of detail required for the project. Dunaway will provide appropriate design calculations, details and specifications. Only those services specifically mentioned in the Scope of Work section are offered as part of this proposal. ADDITIONAL SERVICES (not Included in proposal � The following Is a list of some,but not necessarily all, of the.services that can be useful or required for a project of this type, The listed services have not been included in this proposal. Dunaway can provide or sub-consult many of these services if desired by thio Client. If the Client determines any of these services is desired, Dunaway can either amend this proposal to incorporate the desired service.or services or recommend other actions to cover the needs as expressed. 1. Electrical site lighting design 2. Structural design of retaining walls. i 3. City of Fort Worth Storm Water Management Plan (SWMP) and Grading Plan, 1 G;LPioduailm506'O0100Cip001030Troposa%0061RQ01030.006-WRM0CoTs8amI-Pmpaaa "07.00= j i.lu•_. . ,�:I',J'•• .. - ii). i,l .. 5 ?i .7' '7.: a;'�rr..',{;, ��,,�..YY.:Y7;'P.;...rl=:"•.,i,iii Proposal for Professional Services VVRMC Cattle Barn 1 In Fort Worth, Texas April 7, 20161 Page 6 i 4. Design of franchise utilities (gas, electric, telephone and cable TV) will be conducted by the franchise utility companies. Usually,each franchise utility company will provide Its own design, if desired, Dunaway will show the conduit for each of these on our drawings provided that the size, number and material for each conduit is provided to Dunaway by the utility company. 5. Redesign efforts related to site plan or building footprint changes after significant design efforts have begun or redesign efforts to meet construction budgets are not included. 6. Construction Staking —This service can be provided, if requested, and will be authorized under a separate proposal or Included in this one at the Client's option. 7. Surveying services such as boundary surveys and as-built.surveys and easements by separate instrurrient are not included unless specifically mentioned in the scope of work. 8, Design of off-site public utility extensions is not included unless specifically listed in the proposed scope of work. 9. Design of off-site paving improvements Is not Included unless specifically listed in the proposed scope of work. 16. Sail Investigation/Laboratory Testing — Dunaway recommends that the Client retain an independent laboratory for use In any testing required during the design phase, I.e., for density approval in the street rights-ef-way, and for any site excavation and embankment that might be required for this project. 11, Construction inspection services are not included. Dunaway does not provide construction Inspection services. ?formally, we recommend that the Client retain a geotechnical engineering consultant to provide construction inspection services for private improvements. l f GAP roduc l Wn 5W OO t OXWO0103W r a pa s e003T 001030.008-A A M C WN13 amt-P dopa set-1 W07400x i I .. ktif{•.-i ...'r im: ,. ���. .na .� ,fli'. ?:)k{7? rf.'•i1� 1, ,:I .... 1.:�i ._ i7�: ?� ,.`i 7:..7 io;l'.:-]':!OY, r.I r"I 3 Proposal for Professional Services WRMC Cattle Barn 1 in Fort Worth, Texas April 7, 20161 Page 7 I If this proposal meats with your approval, please sign below and return one copy to our office as our notice to proceed, We appreciate the opportunity to assist you with this project and look forward to its success, Respectfully submitted, DUNAWAY ASSOCIATES, L.P., Acireed&Accepted a Texas limited partnership HAHNFELD HOFFER STANFORD rf _ ,f By: S. Taylor, . . . is ' 1pal/Director of Site Development Name: /r Title: Date: Chris H. Wilde, P E, Executive Vice President Attachments i JST/th J I GTrod,j ion 100100080010301Prapo300 001030.008-VAMMiIaB aril-Fooposa1,1"447"docx I i .if`. .�i:r}r .i�: l!.nil; :i'.:1 I?}I' -��' ,:].: t!.?I' v il.'f li _.11j '7• :.lY'. }17.1 ]-i. J'IiI;Z°,•16y(7 L'i !.:r ill.":.'.."JI}' 6- - =fir,, ", .•..,-.�•': 'i 'i.:`t -5• �`�„l,k,� _.. I itx f"•:, \� Il, � ` �� �*v S*r'r M'.:. vtiA``"� (((qqq��� •ice''.::. �.y..yw�,• - - �t.h�:•'_Y .�. ; .YF 5}I. e •,�• � 1. �� .A :yr 11 'fig '�"" �, �' ���\ Y��t:�+r��'•QRS, 4gs}7�,_i.� Ah, aSF' u.xav c YIP [' �61,I \� i��l�,^a'C y�•��.�• � �� .��. --�. "r v,�. _-r r � 'S �' �5�.� r fyw�i. S�ss�_ls'� ,�.i• �'�Y�Y. .{ t .fir F .t ,;'�• �y 7i :-1r :•2 S1H= sta S� err,"- 1 F' •ti. �Y, ��'��t''s:C4}����: '' i+i,��S::yKi�5iy„y� �,�. z' � :. ..�. ,-. �'-'•%n'q, ' ���,• '��^:�xl...+rti_.� it i;� ..��t�t.Ll.x" - rr.- .�' -- -'.. w _hex,. `+•..rrb+�..�yr d� ilk •}'thr•i_k�4^-, ... ` ..''t rh`i..i '._.• -..'a}b•a'•_•• 'a �. jr g.,rt[�F•.^F�a`: 'aye' :Yr •vF,'r^._.;•.c Imo: ��,§�ii�' ..fr.y�r-���� F•, [�.� Uma�h � it` e••".ys_ } �]• F:r � 1 .,� � ) ,4t ae hl S Z� f f r• F 14 394y `� ' � ���a��.l.:+��'�•,�arl.;:�� c�'r>z�ry �" rs;'Q,�•�-''�'s C-.�p b•: � '� j�rr # sr: , toi.use * n* d {� ` :'Q 1 ,. S" f �• ` di i i 3 � ng Y' I•�,' Y v'•�'"r •- y "� 4 ._t g = ! —••� .. - � � '[^S .` `• ,r r8 :rT5 .qty} ,,. 3m� �.d�s aar.��`L.y �c f � + �•r. ' _,,hF,C,i'`!-ti uePa..rF_ •'�L'�-z{`.w t•, yr 'r�r „ys 'r H :' ,'y 3 •i ! i` 01- .4141 all _ I .�a J s+" 1 .I -.may ' k•y+77. .{..1i ' $� l .?., �:3. .ter .l S - 5 } � �,•j.. },� • �' � •� r-�n a'pay r� �u �-,. )i z RUNAWAY STANDARD TERMS & CONDITIONS Frage 1 of 2 i Those Standard Terms{l,Conditions are attached to and fully Incorporated Into the Base Contract.The Base Contract,together with these Standard Terms and Conditions,Is sometimes called this"Agreement"herein. 1 Basis of Compsneation, Profesetonal Services shall be billed i monthly and based upon elther a percent complete for lump Dunaway Assoclates,L.P,under this Agreement are Intends sum tasks or Dunaway Assoclates,L.P.'s Standard dourly Bfil solely for the banefft.of the Cllard. Nothing contained here Rate Schedule. This Schedule is updated annually In January. shall confer any rights upon or create any duties on the pa f 20i 6 STANDARD{i0tlRLY BILL RATE SCIi£t7lSL Dunaway Assoclates,L.P.toward any person or persons t a 20 F�P� fi SCC BILL RATE party to lhfs Agreement Including, but not ilmiled t any '91Administrative TY .$50.00 $100.00 contractor, subcontractor, supplier, or the agents, o vers, Department Directors.............................. $140.00-$245.00 employees,insurers,or sureties of any of them. Information systems...............................$85,00-$170.00 V. Claims Limited to Insurance Coverage. The ant and MarketinglBusiness Development.........,$85.00-$135.00 Dunaway Associates,L.P.waive all rights for dam as,each Flnanclal ........................$100.00•$170.00 against the other and against the contraolors,sub nsullanls. Civil Technician.....................................,.$57.00-$95,00 agents, and employees of the other, but only the extent Civil Designer..........................................$108.00-$130.00 covered by property Insurance during or after onstrucllon, Graduate Englneer..................................$105.00-$110.00 except such rights as they may have to the pr ads of such Project Engineer.................o...................,$125,00-$150,00 insuranoe. The Client and lunaway Asanc as, L.P. each Assistant Project Manager......................$125.00 shall require slmliar waiuers from t it contractors, Project Manager......................................$145.00-$180.00 subconsultants,end agents. Feld Manager/Chief of Partes...............$125.DC-$145.00 Survey Project Manager..........................$730.00.$160,00 VI. General Contractor Duties and Respo albltlttes. Neither Survey Party Chlef... $110,00-$125.00 the professional aclfvllfes of[Dunaway As clates,L.P„nor the Survey Technician...................................$85.00-$105,00 presence of Dunaway Assoclates,L.P, his or her employees Survey Field Asslatant.............................$54.00 and subconsultants at a canslructio site, shall relleve the GIS..........................................................$95.00-$105.00 General Contractor and any other tlly of thefr oblfgatlons, PLA Technlcdn.......................................$97.00 duties and responsibilities Includ g, but not limited to, Land Planner.... . $175.00 construction means, methods, quence, techniques or Graduals Lands CapeArchltoot...............$95.00.$100.00 procedures necessary for pe rming, superintendfng or Landscape Archltech...............................$110.00•$210.00 Coordinating all porllons of t Work of construction In J Graduate Planner...................................$95.00 accordance with the contract cuments and any health or Construction Administrator......................$110.40 safety precautions required y any regulatory agencies. Environmental Scientist...........................$905.00-$120.00 Dunaway Associates, L.P. a his or her personnel have no Intern.....................................................::$,73.00 authority to exerclse any control over any construction Princfpal................................................. $180,00.$285.00 contractor or other entity ar efr employees in connection with Senior Technical Expert..........................$180.00 their work or any health . safety precautions. The C?lent agrees that the Genera Cor{tractar is solely responsible for jobalte safety, and w ants that thls intent shall be made and notwithstanding any other provision of thls Agreement a evident in the Client's reament with the General Contractor. total liability In the aggregate of Dunaway Assoclates,L. and The Client also ogre that the Client, Dunaway Assoclates, Dunaway Assoclates, L,P,'s officers, dlractors, triers, L.P.and Dunaway soclates,L.p,'s Subconsultants shall be employees, agents and Dunaway Associate L.P,'s Indemnified and all be made additlenal insureds under Subconsullants, and any of them, to Client d anyone the General Contr ctor's general lablllty Insurance policy. claiming by, through or under Client, for any all claims, Vit. Cancellation. is understood that this Agreement may be losses,costs,or damages whatsoever arlsln ut of,resulting canceled at a time by the Client and payment shall be due from, or in any way related to the Project this Agreement based on the athod of computation In Secllon,I only on Work from any cause or causes, Including b of limited to the performed o xpenses Incurred to dale of cancellation. negligence,professlonal errors or o ssions,strict liability or breach of contract, or warrant xpress or Implied of Vlll. Payments and Interest, Client recognizes that prompt Dunaway Associates, L.P. or D .away Assoclates, L.P.'s payment Dunaway Assoclates,L,P;s involoss is an essentlal officers, dlrectars, partners, em yeas, agents or Dunaway aspect the overall consideration Dunaway Assoolates,L.P. Assoclates, L,P.'s.SubconsuIt s or any of them, shall not require for pravlding service to Client. Client agrees to pay all exceed the total comps lion received by Dunaway &.arg not In dispute wlthln 30 days of date of Invoice. A Assoclales,L.P,untler thl greemant. state ent of charges for services will be submitted by the 1511 of ch month. All accounts past due 6D days from date of No Consequential 0 ages. Notwlfhstanding any ofher In ice shall pay Interest at the rate of 101(1.6%per month), provision of this Agr ant,neither party shall be liable to the o axlmum allowable by law,whichever Is lower,.of the past other for any cons uentlal damages Incurred due to the fa bit of the other pa , regardless of the nature of thls fault or whether It was mmllled by the Client or Dunaway Associates, L.P., thal employees, agents, or subcon3uitants. Cc ae u al dernages include.but f use i STANDARD TERMS & CONDITIONS Page 2 of 2 Ix. �WMZUUUILI IF— the undisputed pvrtlon of Dunaway Assoclates,L.P's invcl^ s Assoclates,L.P.'s normal services,the Client may,at within 30 days of Involce dale,Dunaway Associates, L.P. a option, contract directly with the third party for h the right to cease work on the project and Client shall w Iva services or through Dunaway Assoclates, L.P. If ch any claim aga'nst Dunaway Associates, L.P. for cessat n of contracts are made through Dunaway Aasvciates, .P., services, and shall defend and Indemnify Du way a service charge of 10%will be added to the net a punt li Assoclates,LIP,from and against any claims for injury r loss of such contracts, stemming from Dunaway Assoclates, L.P.'s cess ion of 1 service. Client shall also pay Dunaway Assoclates P.the XV. Certifications, Guarantees and Warranties, newsy cost associated with premature project demoblYzatl . In the Associates,L.P.shall not be required to ekacute any curnent event the project is ramoblifzed, Client shelf also p the cost that would result In Its certifying,guaranteeing or war nting tine of remoblllzatlon, and shall renegotiate approprill a contract existence of conditions whose exlstance Dunaway ssociates, terms and condlt?ons, such as those associated Ith budget, L.P.cannot ascertain, schedule or scope of service. XVI. Assignment, Neither party to this Agreement hail transfer, X. Legal Action, Subject In all respects to the oth r provialons of sublet or assign any rights or duties under or lerest In this this Agreement, In the event legal action necessary to Agreement;Including but not Ilm€lad to monie hat are due or enforce the payment terms of this Agreeme , the prevailing monies that may be due,without the priorwril n consent of tho party in any auch action shall be an0led to cc ect any judgment other party. Subcontracting to subcon Itants, normally or seftiement sums due,plus reasonable a rney's fees,court contemplated by the Consultant as a nerally accepted costa and other reasonable expanses Incur d by the prevailing business practice,shall not be considere an assignment for party in connectlon with such colleclicn a (an. purposes of this Agreement. XI, Dispute Resolution and Termination, In the event any bill, XVII. Miscellaneous. or portion thereof, Is disputed by CI nl, Client shall notify Dunaway Associates,L.P.within 10 ys of receipt of the bA Intellectual Property. The draw gal specifications and i'1 any other wort[ products (Inc] Ing but not limited to In question, and Client and Dunaw Associates, L.P. shall any ore programs and e1 Ironic media vt any work together to resolve the matter Rhin 60 days of Its being softdescription) prepared by i7u ay Assvclatea, L.P. for tailed to DunawayAasoctates,L.P. attention. If resolution of this project shad remain a properly of Dunaway the matter is not attained within 0 days, either party may terminate this Agreement In corda.nce with conditions Associates, L.P. and ❑un ay Associates, L.P. shall Indicated In the termination of reement clause specified in retain all common law,state ry and other reserved rights, Section VII. Including tho copyright,wh a applicable. XII. Mediation. In an effort to reso a any con[Eicts that arise during B. Entire Anree-M . T a Agreement Is the entire the design and constructio of the Project or following the agreement between the' artlesw'.th respect to the subject completion of the Project,th Client and Dunaway Associates; matter of this Agream t and shall be binding upon and LIP. agree that all dlsput between them arising out of or Inure to the benefit f the parties hereto and their relating to this Agreement r the Project shall be submitted to respective legal rep r sentatives, heirs, successors and nonbinding mediation less the parties mutually agree asslgas. otherwise. The ca is d Dunaway Assoclates,L.P.further agree to include a slmll mediation provision In all agreements C. Counterparts. Thl Agreement shah be executed with one with Independent cont ctors and subconsultarts retained for or more soparat counterparts, each of which, when so the Project andto u€re all independent contractors and executed, shall, ogether, constitute and be one in the subconsultanis also include a similar mediation provision In same Instrume all agreements wi their subcontractors, subconsultants, suppliers and fabr ators, thereby providing for mediation as D. Governina L and Venue, This Agreement shall be the primary meth for dispute resolution between the parties governed b and construed in accordance with the to all those afire ents. substantive awe of the State of Texas and the parties XIII. Surveying Re latfons, Land Surveying In the Slate of Texas hereto agr and consent that venue for all purposes shall Is regulated the Texas Board of Professional Land be In Tar k County,Texas, Surveying,B ding A,Suits 556,12100 Park 35 Circle,Austin, E. r E re Ion, The terms stated In the proposal are Texas 7875 telephone number(512)239-5263, valid o y if executed by both parties Within g0 days from XIV. Relmburs Is Expenses, Other chargss which may apply to the d of the proposal. the Client' project include: F. FJAB c . Dunaway Assoclates,L.P.has the right to A. Pr' and reproduction shall be billed M standard the above named project and to use the c mercial rates. Jddlflorial tos in the promotlon of-the professional practice of oway Assoclates, L.P. through advertising, public B. II direo ncn-labor expense, Inciuding bid advertising, tions,brochures or other marketing materials. Should etc., and travel and subsistence for the principals and photos be needed In the future, the client staff as required for the proper execution of the work,are charged at actual Invoice cost, Fling fees paid by Dunaway Assoclates, L.P,will be charged at cost plus 10%. Travel by posse nger vehicles shall be at a rate i { SLI 7'. IF ... .�. .•r' z"r .:.rr..Z::lyti r:•: =j:t:-. .:1^' j 8A � C 0Ns ULYA N T S 3 N A [011571 C5 , S 0U N 0 R F IN F DRC E N F. NT , & AliD IOV15 UAL $ YSTEMS 4245 Nnarx C£NIRAL ExaRess roti, SUITE 600 0,&llhS, U)iAi 75205 voice; 214,519,4500 www-baiauslin.eom November 3, 2417 i David Stanford Hahnfeld Hoffer Stanford 200 Baily Avenue, Suite 200 Fort Worth, Texas 76107 Re: Will Rogers Memorial Center Cattle Barn#1 and Poultry Barn Renovations-•Audiovisual Consulting Services Rear David: We are pleased to present our proposal for Audiovisual Consulting Services for the renovation of Cattle Barn 1 and Poultry Barn at WRMC. Based on our understanding of the project,the proposed Scope of Services Is presented for your review and approval. SCOPE of SERVICES: I. Audiovisual Systems: A. AV Systems Included: 1. Cattle Barn#1: a) Paging and background music sound reinforcement system b) Video display locations for Campus wide iPTVIDTV system 2• Poultry Barri a) Paging and background music sound reinforcement system b) Video display locations for Campus wide IPTWDTV system B. Write a descriptive and performance Program for the Audio Visual Systems, following interviews of Owner Representatives and Stock Show Representatives as to the scope of the systems, C. Submit cost estimates of the system,to enable Owner to make Informed decisions as to which equipment and systems to acquire, defer,or eliminate,as to enable the systems acqulred initially to meet the project budget.'These estimates will be updated during Pr❑Ject mllestones. D. During the DD/CD phases,provide drawings of infrastructure(empty conduit and power advfsory) to support both initially acquired equlpment/systems,and also future acquisitions E. Provide updated cost estimates of equipment and systems to be acquired Inllially WVRMC --Cattle Barn I Renovatlons A-10 November 3,2017 sxc �as Page 2 F, During the CD phase, provide detailed blddable drawings and technical speclficatlons for the systems to be acquired Initially, suitable for.Inclusion Into Architect's construction document submlttai G. Review of shop drawings and submittals associated with the equipment and systems H, At completlon,and Immediately prior to beneficial occupancy, prepare punch fists,verify punch fist completion,test, balance and commission the systems, Assist the contractor In training the Owner in system operation. FEE SCHEDULE: For the services listed above, the following fee schedule is proposed; Through DD Phase $3,600.00 Through CD and Bid Phase $12,000.00 Construction Administration $2,500.00 Project Closeout and Commissioning of AV Systems $2,000.00 Total: $20,000.00 • All fees are PLUS Travel Expenses, Expenses will be billed at cost. ■ The fee includes tlms for meetings and site visits,as required;at the HHS offices and the Will Rogers Campus, • Allocation of fee per phase will be in accordance with the pending Contract or Notice to Proceed. ADDITIONAL SERVICES. Additional services, if requested,will be made on a lima and expense basls,at the rates listed below. Principal Consultant $150 per hour ' 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&Audlovisual Systems Robert Lee Acousticlan Accepted by: Date: I i i i I FOODSERVICE DESIGN PROFESSIONALS � i PROPOSAL FOODSERVICE DESIGN CONSULTING SERVICES October 31,2017 REVISED PROJECT., Will Rogers Event Center Owner: City of Fort Worth TO: Hahnfeld Hoffer Stanford FROM: FOODSERVICE DESIGN PROFESSIONALS Attn: Mr. David Stanford Mr.Lance Brooks 200 Bailey Ave.,#200 2666 Villa Creek ter.,#233 Fort Worth,Texas 75107 Dallas, Texas 75234 Our proposal includes the professional services as Iisted in Article 1.0 through 8.0.necessary to design, plan, and f coordinate the Foodservice Areas for the above referenced project. In.addition, it.includes all Adrninish,ative and Contract Administration services, from Schematic Design through Construction Administration. These services are hereinafter known as the 'Basic Services". It is prepared and offered by Foodservice Design Professionals, hereinafter known as the"Consultant", to "Halinfeld Hoffer Stanford" hereinafter known as die "Architect". Our proposal is intended to form the basis of an agreement between the"Architect"and the"Consultant" for the services and fees as described. SCOPE OF PROJECT: The Foodservice areas and criteria described hereafter are to form the scope of the work to be performed by the Consultant. They are in accordance with our understanding of the Owner's needs and.project requirements. AREAS TO BE DESIGNED AND CRITERIA: ■ Full scope of services to design the foodservice areas for the Will Rogers Event Center. EXCLUSIONS: We exclude from our proposal any Foodservice areas or criteria not defined or the fallowing items, ■ Utensi Is,tabletop supplies and equipment otherwise known as Smallwares. ■ interior Design related to the foodservice areas. ■ Office.furniture and equipment,communications and point of sales(POS)systems,etc, • Dining room furnishings and equipment. I t FDP Page 1 1. GENERAL: 1,1 Full services will be provided for Foodservice systems which shall 'include but not be limited to consultation and review, full service design, preparation of Construction Documents including detailed.technical specifications, assistance in analysis of Construction Bids, Construction Administration,and Code Analysis. i 1.2 For the purpose of maintaining continuity, we propose to designate project responsibititles to representatives of the firm who shall be authorized to act in our behalf, Project Manager/Designer--Lance Brooks Assistant Project Manager--Maureen Wa I to_n i 1.3 Our services will be performed in a manner,sequence,and tuning so as to be coordinated with the owner's requirements and services of the Architect and other Consultants, 1.4 We will prepare and provide progress copies of reports, drawings, specifications and other documents for Architect/Consultant coordination and owners'review at intermediate intervals and each phase of progress. The documents may include on request a current budget or cost estimate for our part of the work, based on the curr,ent drawings and specifications. The Consultant, the Owner and/or his agents, Architects and other Consultants shall review the documents for design intent and esti nated budget conformance. The Owner,Architect or his agents will issue a written approval and notice to proceed, and/or instructions for changes or modifications. Changes and or ,modifications when required will be incorporated, reviewed and approved in writing before proceeding to the next phase of the project. 1.5 We propose to provide all design drawings and documents in the Architects'format or typical CSI three part format for specifications, 1.5,l Drawings, including equipment plan views, utility rough-ins, elevations, sections and details will be prepared using AutoCadd 2017 and Revit 2017 on the Architect's standard sheet size,title block and drafting standards. i 1,52 All documents in ay be furnished in their native elecn�onic format on request. 1.6 The Consultant agrees to enter into a Standard AIA Contract Document 0141 or 0142 Abbreviated Agreement,between the I Architect and Consultant. 2. ARCHITECTS OR OWNERS RESPONSIBILITIES: Provide the Consultant with reasonable promptness at the appropriate phase all required information regarding this Part of the Project as outlined hereafter. 2.1 Pertinent preliminary and updated CADIZ or reproducible Architectural background base sheets at intermediate intervals and phases of the project when necessary to communicate a spatial description of the foodservice areas and/or any changes to the space which will affect the Work of i the Consultant, 2.2 Project Information provided by the Architect of Record including: ■ Project directory including all primary code and jurisdictional authorities, Consultants, designers,engineers,Architects,contractors and owners representatives. • Initial Foodservice equipment estimated budget. • Project CARD,graphic and quality control standards and policies, 23 Pertinent building construction details, mechanical, electrical, plumbing and structural characteristic of the building or site,which affect the work of the Consultant, 2.4 Architect/owners'design standards for Foodservice materials and equipment if applicable, i 1 FDP Page 2 2,5 foodservice operations program and planning documents outlining the following if available; • Menu and operational concepts. 6 Staffing requirements. a Hours of operations. 0 Anticipated types,numbers and fi•equeneies of persons to utilize operation. • Objectives of the Foodservice operation. i ■ Special materials,production,and delivery requirements. • Historical data for current operations. • Spatial program for all Foodservice areas, I 2.6 Owner operational and maintenance standards, 2.7 Insurance underwriter criteria. 2.8 ArchitectslOwners schedule for the project. 2.9 The Architect/Owncr will render decisions in a timely manner petlaining to design and document submittals prepared by the Consultant in order to avoid unreasonable delays in the orderly and sequential progress of the Consultant's Work. His agent or representative shali issue any instructions,approvals,changes,modifications or directives.to the Consultant in writing. 2.10 The Architect shall provide the Consultant with a complete set of Contract Documents and/or a set of all Contract Documents pertaining to this portion of the work for his records at no cost to the Consultant, In addition the Consultant shall be provided with copies of all Bids for this Pail of the Work, Contracts, correspondence, change orders, and other documentation which may affect the Work perfor-med by the Consultant. 3. CONCEPTUAL. OR PRE-DESIGN PHASE: We propose to provide the following services dw•ing this phase of the project. 3.1 To attend meetings, as s ser red 6a Sectfon 9.1, to consult with the Owner and/or his agents, Architects,Foodservice personnel,Administrators and Consultants, 3.2 To gather and analyze all data pertinent to defining the scope of the overall requirement and scope of the Foodservice operations. 4. SCHEMATIC DESIGN PHASE: We propose to provide the following services during this phase of the project, 4.1 To attend project meetings,as Wecr,'Red in Section 9.1, and assist the project team in confirming or formulating design capacities, menu/concept definition, design, schedule and operation systems identification. Further to review the architectrai and interior design goals and requirements and make any recommendations needed to coordinate the work of the Architect and other Consultants. 4.2 To prepare conceptual, schematic design studies, drawings sketches and other illustrations necessary to indicate the utilization of space within the foodservice areas. 4.3 To prepare a preliminary list for Foodservice Materials and Equipment based upon the basic concepts. The list may be used to locate and identify in preliminary, form, distinct materials and equipment, options, features, etc. And provide the basis for a preliminary estimated budget and bulk utility loads for the project team's use. 4.4 To prepare a final schernatio design study of the Foodservice areas along with the preliminary j estimated budget for review and approval by the Owner. PDP Page 3 i i ' S. DESIGN DEVELOPMENT PHASE: We propose to provide the following services during this phase of the project, I 5.1 To attend Design Development meetings, as sneci>ied in Seclion A1. with the Owner, his agents, I Architects,and Consultants as necessary to review and coordinate the design work, 5,2 To prepare Design Development drawings and illustrations detailing and scheduling all Foodservice areas and their functional aspects with relationship to the program. 5.3 To prepare a project manual far in-house use only which shall contain manufacturer's catalogue sheets or other illustrations as may be necessary to indicate the equipment selections, components and general construction standards. Components will he keyed to the drawings and will describe the quantities, options, features and utility requirements.The document will in addition include,a check list of all items requiring coordination of the Architect and his Consultants and an outline specification for the work to be performed, 5,4 To review, develop design details, and coordinate with the interior designer and Architect. the I Foodservice equipment,materials and areas. i 5.5 To provide an updated estimated budget for the Foodservice equipment for approval by the Architect and Owner based on the Design Development.documents, 5.6 To review all national,state and local codes.governing Foodservice facilities at the Project site and to rnake recommendations for compliance. j 6. CONTRACT DOCUMENT PHASE: We propose to provide the following services during this phase of the project, 6.1 To attend design meetings, as specked in SecrOn 9.1. with the Owner, his agents, Architects.and Consultants to properly coordinate the Contract Documents. 6.2 Based on the approved Design Development documents and any further adjustments in the Scope or quality of the Project or in the Project estimated budget authorized by the Owner or Architect, we will prepare for approval, Construction Documents consisting of drawings and specifications setting forth in dotalI the requirements for the construction of the Project 6.2.1 The drawings will indicate the size and location of all equipment, equipment schedules, finish schedules,utility and special general construction requirements which are directly related to the function of the Foodservice equipment. Further, drawings shall include all necessary equipment elevations,sections and details 6.2.2 The specifications will describe all requirements for equipment and materials procurement, contractor's responsibilities, and performance standards necessary to receive competitive bids on the work to be performed in conjunction with these services. 6.2.3 All services provided will comply with federal, state and local codes, regulations and agencies having jurisdiction at the project site. Foodservice Design Professionals will provide all plans and specifications to the Architect for their submission to code and jurisdictional authorities for plan review,approval and permitting. 6.3 Provide an updated estimated budget for the Foodservice equipment. 7. BIDDING AND NEGOTIATING PHASE: We propose to provide the following services during this phase of the project. 7.1 Provide a list of qualified bidders for the project and to assist the Owner or Architect in the ; obtaining of bids or negotiated proposals for the Foodservice Work. FOP Page 4 7.2 Provide written document interpretations, clarifications, addendums or changes required for this Part of the Work. 7.3 To consult with or assist the Architect in evaluating the bids and contractors for this part of the work. 1 1 7.4 Provide all cost analysis reduction required for negotiating bids consistent with the approved E estimated budgets and Scope of Project approved by the Owner or Architect, 8. CONSTRUCTION ADMINISTRATION: We propose to provide the following services during this phase of the project. 81 To advise and consult with the Owner, Architect, and Consultants during this phase of the work j and to assist the Architect in issuing any interpretations, change requests or instructions to the j Contractor for this Part of the Work. 8.2 We will review and/or take other appropriate action upon, and forward to the Architect for fusel disposition,Contractor's submittals such as shop drawings,Product Data and Samples with respect to this Part of the Project, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Included in the basic services are the first submittal and a second re-submittal review. Additional submittal reviews may be considered extra services. 8.3 Provide a substantial field observation upon notice by the Architect at the appropriate stage of construction. On the basis of this observation, issue a written report recommending acceptance or rejection of any work or materials that fails to comply with the Contract Documents. 8.4 Cance the maximum number of visits by Foodservice Des ign.Profess!on als to confirm completion of this field observation has been attained,the time expended by Foodservice Design Professionals to verify completion of the observation listed items will be reimbursed by the Architect to Foodservice Design Professionals based on a tuna and material basis. 8.5 Based an our evaluation of the Contractors Application for payment, assist the Architect in determusing the amounts due the Contractor for this Part of the Work. 8.5 Foodservice Design Professionals will endeavor to protect the Owner against defects and deficiencies in the Foodservice equipment; however, we do not propose to supervise the actual installation of the equipment and cannot guarantee the performance and/or equipment of any Contractor, 9. SCHEDULE OF MEETINGS AND TRIPS: 9.1 We agree to meet as necessary when requested, providing such visits are authorized by the Architect, in conjunctions with regular or special job meetings or reviews, In addition,the cost of travel, food and lodging associated with review meetings and trips outside a 50-mile radius of the DFW Metroplex,scheduled or non-scheduled,shall be a rehnbursable expense. Such expenses are to be in accordance with the terms and conditions as described under"Reimbursable Expenses." 10. COMPENSATION FOR PROFESSIONAL SERVICES: 10.1 For the basic services as herelabefore described under Sections 3.0 through 8,0, we propose a professional fee of For A Lump Sum Fee of$15,500.00 I For the Project plus any reimbursements as provided for in Section.1 1. j FDP Page 5 10.2 Invoices for compensation shall be submitted monthly in proportion to the services performed, which shall not exceed the following scheduled percentages for each completed phase of the work to be performed plus the reimbursable expenses incurred dui-ing the.billing period. Schematic Design Phase...................,.....,......,...,..,$1,750.00 Design/Development Phase....................................$1,750.00 Construction Documents Phase,.............,............,..,..$8,925,00 ]lidding/Negotiation Phase.....................................$1,575.00 � Construction Administration Phase...,.....,...........,,.....$1,500.00 l 10.3 Invoices shall be promptly presented to the Architect, and will be due within(30)thirty days from receipt of invoice for this Part of the Work. The Consultant reserves the right to stop work on the project, without penalty, if payment of compensation exceeds a reasonable period of time from the I date of billing. 10.4 Any fees paid for securing the approvals of autbor'ities having jurisdiction over the project are to be paid by the Owner, 41, REIMBURSABLE EXPENSES: 11.1 We propose to be compensated for reiiabursable expenses at the actual expense incurred by Foodservice Design Professionals. Reimbursable expenses include,but may not be limited to the following items: • Travel expenses, air, lodging, and transportation outside a 50-mile radius of the DFW Metroplex area, • Special mailing or shipping expenses of printed data,drawings,samples,etc, • Reproduction of printed data other than inter-Consultant coordination printings. ■ Material for mock-ups or renderings. • Architect's web based project management software. 11.2 Major progress CAD plotting and/or printing at the end of each phase or review milestones described under Section 10,through 8,0 is included in the cost of the Basic Services. Additional plotting or printing multiple sets of documents will be changed at the current commercial printing rates. 12. EXTRA SERVICES: 12.1 Extra Services shall be defined as those services necessary to make changes in previously approved drawings, specifications and/or an appreciable change in the scope of the project as described under "Areas to be Designed & Criteria: No additional services will be performed without the written consent of the Architect or Owner. 12.2 For extra services, we propose to be compensated on a time and material basis for such time as may be actually devoted to the extra services. Project Principal $150.00 ; Project Manager $100.00 Production Manager $75,00 } Production Staff I Secretarial Support $70.00 12.3 Reimbursable expenses related to extra services will be charged on the same basis as described under the Section titled"Reimbursable Expenses." I FOP Page 8 i I 13. OPTIONAL SERVICES; 13.1 Inventory and evaluation of existing foodservice equipment 13.2. Preparation of fully dimensioned electrical,plumbing and mechanical rough-in drawings. 13.3 Participation in value engineering analysis. 13.4 Foodservice Management/Operator RFP/selection process. 13.5 Record drawings to r-effect revisions/design changes accrued during construction. 13.6 Commercial laundry consulting services, 14. ACCOUNTING PRACTICES: 14.1 Foodservice Design Professionals maintains a comprehensive set of records related to any service or expenses incuived for this Project, and agrees to provide supporting information within a reasonable time when requested by the Architect. F I& INSURANCE AND MUTUAL ASSISTANCE: � 15,1 We propose that the Architect and Consultant, each carry insurance with reputable insurance companies in amounts sufficient to protect themselves fi-cin claims arising out of the performance of professional services caused by any persons employed by him or by others for which he is responsible. It is agreed that such policies may have a deductible clause so long as the amount of the deductible does not exceed the usual and ordinary deductible found in such policies, If the negligence or other legal fault of either party causes the other party to incur expenses or liability either because of the existence of such deductible clause or for any reason, the party who is negligent or otherwise at fault shall reimburse the other party for such expense and hold him harmless korn any such liability, 15,2 If any claim related to performance hereunder be asserted against either party, the party claimed against shall receive all reasonable assistance fi-om the other 15,3 Foodservice Design Professionals will furnish to the Architect certificates of his standard insurance policies and coverages upon which this proposal is based. Premiums for increased limits and/or additional insurance required by the project shall be added to the fee of the Consultant. 16. USE OF CONSULTANT'S DRAWINGS SPECIFICATIONS AND OTHER DOCUMENTS 16.1 Except for reference and coordination purposes in connection with future additions or alterations to the Woik. Drawings, Specifications and other documents prepared by the Consultant are instruments of the. Consultant's service for use solely with respect to this Project and, unless otherwise provided, (lie Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Architect and i Owner shall be permitted to retain copies, including reproducible copies, of the Consultant's Drawings, Specifications and other documents for information and reference. The Consultant's Drawings, Specifications or other documents shall not be,used by the Architect or others on other projects, or for completion of this Project by others, unless the Consultant is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Consultant. i 16.2 The Architect and Consultant shall riot make changes in each other's Drawings, Specifications and other documents without written permission of the other party. FDP Page 7 j i Hahnfeld 0 Hoffer i Stamford architects / planners / interiors Project Cost Worksheet WRIMC Cattle Barn 1 and Poultry Barn Renovation Opinion of Project Cost Worksheet November 3, 2017 Cost Model Goal: $15,700,$72.00 ITEM DESCRIPTION COST CONSTRUCTION COST Base Construction Budget $ 13,975,000.00 Testing Fees(Allowance) $ 50,000.00 Owner's 5.00%Contengency $ 698,750.00 Subtotal $94,723,750 FURNISHINGS,FIXTURES AND FQUIPMENT Restaurant and Office Furniture(allowance) $ 50,000.00 Tele/Data(allowance) $ 30,000.00 Subtotal $80,000 PROFESSIONAL FEES FOR CB1 AND POULTRY BARN � ArchitecturallEngInes ringlCivillSpecialty Lump Sum $ 874,622.00 Subtotal $ 874,822.00 REIMBURSABLES Printing-Drawings and Specs $ 15,000.00 Additional Reimbursables Allowance $ 7,500.00 Subtotal $ Z,600.00 CURRENT BASE PROJECT TOTAL C 5T $15,700,872 Page 1 1 I 1 Hahnfeld Hoffer Stanford architects / planners / interiors i Project Cost Worksheet WRMC Cattle Barn 1 and Poultry Barn Renovation Opinion of Project Cost Worksheet November 3,2017 Cast Morsel Gaal: $15,700,872.00 Project Cast ITEM DESCRIPTION COST TOTAL COST CONSTRUCTION COST Base Construc"Jon Budget $ 13,975,000,00 $ 13,498,3B9.00 Mezzanine RemovallRenovatlon Barn 1 $ 226,404.00 Mezzanlne RemovaltRenovatlon Barn 2 $ 250,207,00 Testing Fees(Allowance) $ .50,000.00 $ 50,000.00 Owner's 5,00%Contengency $ 698,750,00 $ 698,750.00 FURNISHINGS,FIXTURES AND EQUIPMENT Restaurant and Office Furniture(aliowanc $ 50,000.00 $ 50,000.00 Tele/Data(allowance) $ 30,000,00 $ 30,000.00 Prtefert Panels(Included In Construction) $ - Signage and Graphics(Included in Consiructon) $ AN(Ind uded in Construcllon) $ s Qr4� PROFESSIONAL FEES FOR CB1 AND PQLJ TR_Y BARN HHS-Arch itectural/Englneering Concept Design $ 20,000.00 Schematlo Design $ 24,000.00 Design Development $ 92,00.00 Construction Dccuments $ 300,000.00 Bidding and Negotiation $ 45,000.00 Constru_cilon Ad_minlstratior. $ 276,000.00 Dunaway-Civil Engineering j Design Development $ 32,350.00 C9nslructlon Uocuments $ 14,250.00 Landscape/Irrigation Design $ 4,400.00 Meetings and Conference Calls $ 2,000,00 Franchise Utility Coordination $ 1,000.00 I Public Utility Connections $ 31750.00 SWPPP $ 2,100,00 Urban Forestry $ 2,600.00 Construction Administration $ 12,000.00 I Page 1 i i I� 1 BAI-AN Consultant Through Design Development $ 3,544.00 Construction Documents $ 12,000,00 Construction Administration $ 2,500,00 Commissloning $ 2,000.00 t 4,;998 CMJ-Geotechnical Investigation lump Sum $7,000 FDP-Foodservice Design Professionals Through Design Development $ 3,500,00 Construction Documents $ 8,825,Q0 Bidding&NegotlalIon $ 11575.00 ConsVucUon.Adm#nistrat£on $ 11500,00 K+K-TAS Review and Inspections Percenta"Fee $ 1,072,00 Total Professional Fees 40;v B,gjMBURSABLU DD Printing/Reimbursables $ 10,208.00 $ 10208.00 CDICA PrinUng/Reimbursables p $ 12,292.100 $ 12,282,00 ;r CIIAF�BNr.i3q$ :pR4JECr rorALtcos'r ...«�r,y ,. ?Ut: . z ...T7 Page 2 M&C Review Page I of 2 Official CITY COUNCIL AGENDA Ff)RTI ' RT COUNCIL ACTION: Approved on 8/29/2017 DATE: 8/29/2017 REFERENCE C-28361 LOG 25STOCKSHOWAMENDMENT17- NO.: NAME: CATTLE BARN I CODE: C TYPE: NON- PUBLICNO CONSENT HEARING: SUBJECT: Authorize Execution of Amendment to Lease Agreement with the Southwestern Exposition and Livestock Show for Use of Will Rogers Memorial Center (City Secretary Contract No. 19725, as Previously Amended) to Extend Term and Modify Rental Structure and Authorize Payment of$185,557.94 from Bond Proceeds for Design and Engineering Costs for the Cattle Barn Project (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an amendment to City Secretary Contract No. 19725, as previously amended, a Lease Agreement with the Southwestern Exposition and Livestock Show for the followin purposes: (a) extending the term for an additional thirteen years to expire in 2048; and (b) modifying the rental structure to memorialize the Southwestern Exposition and Livestock Show Agreement to contribute to the funding of certain improvements, renovations and relate infrastructure for Cattle Barns One and Two, and the Poultry Barn at the Will Rogers Memorie Center with a total commitment of$13,679,893.61 to be paid over a period of thirty years; and 2. Authorize payment to the Southwestern Exposition and Livestock Show of$185,557.94 from bonc proceeds for previously incurred design and engineering costs for the Cattle Barn Project. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to take actions associated with implementation of and payment for improvements at the Will Rogers Memorial Center consisting of certain improvements, renovations and related infrastructure work on Cattle Barns One and Two and the Poultry Barn (collectively the Cattle Barn Project). The City and the Southwestern Exposition and Livestock Show (SWELS) are currently parties to a Lease Agreement for the annual use of the Will Rogers Memorial Center (WRMC), which permits SWELS to occupy the entire WRMC complex during its annual event (City Secretary Contract No. 19725, as amended by City Secretary Contract Nos. 20829, 27471, 27897, 29074, 33409, 34457, 36659 and 19725-A8, 19725-A9 and 19725-Al 0) (Lease). Pursuant to the Lease, SWELS has a continuing interest in assisting the City in maintaining and updating the WRMC facilities. In June, the City Council authorized issuance of Taxable Bonds to fund, among other things, the Cattle Barn Project (M&C G-19020). SWELS has offered to contribute to the costs of the Cattle Barn Project by increasing its annual rental payment over the next thirty (30) years in order to provide the City with an additional rental amount that equals one-half of the costs of issuing and repaying the del http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24760&councildate=8/29/2017 2/21/2018 M&C Review Page 2 of 2 associated with the Cattle Barn Project. To accomplish this goal, Staff is recommending that the tern of the Lease be extended and the rental structure be modified to account for such payment as set forth below and in the attached exhibit. Extended Term: The term for the City's repayment of the Taxable Bonds is 30 years; however, the Lease is scheduled to expire in 2035. In order to accommodate the SWELS contributions to the Project, Staff is requesting that the Lease be extended an additional 13 years, with expiration to occu at the conclusion of the SWELS 2048 event. Investment: The requested amendment will also modify the rental structure in the Lease to memorialize the SWELS Agreement to provide additional rental payments in an amount equal to one half of the cost of the Taxable Bonds for the Cattle Barn Project, with a total additional rental commitment of$13,679,893.61 to be paid over a period of 30 years. The total commitment by SWELS is capped at the above-stated amount; however, in the event the City is able to refinance the Taxable Bonds under more favorable terms, SWELS additional rental payments would be reduced to reflect the impact of any future savings the City realizes on the debt. The additional rental payments will be paid in March and September of each year per the repayment schedule attached hereto as an exhibit. Payment of Design Costs: In order to facilitate the Cattle Barn Project moving forward as quickly as possible, SWELS provided short-term funding for certain design and engineering work associated with the Cattle Barn Project. Approval of the second recommendation in this M&C authorizes use of $185,557.94 to pay SWELS for the actual costs that it incurred. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the Public Events Department will be responsible for the collection of funds due to the City under this contract. TO Fund Department Account Project Program Activity Budget Reference # Amoun ID ID Year (Chartfield 2) FROM Fund Department I Account Project Program Activity Budget Reference # 7moun ID I ID Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Kirk Slaughter (2501) ATTACHMENTS EXHIBIT- PAYMENT SCHEDULE2018.0 Form 1295 ID 19725 dated 8-22-17.0 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24760&councildate=8/29/2017 2/21/2018 C-.)-J.4F3� CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-b 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. 2017.252729 Southwestern Exposition&Livestock Show 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 08122/2017 being filed. City of Fort worth,Texas hate Acknowled ed: 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 services,goods,or other property to be provided under the contract. 19725 Amend the contract to extend the term and modify to allow for repayment of funding associated with certain improvements at will Rogers Memorial Center 4 Nature of Interest Name of Interested Parry City,state,Country(place of business) (check applicable) Controlling I intermediary 5 Check only it there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SUSAN L. MITCHELL 1,'-::A e Notary PubliC.State of Texas My Commission Exptfel y'0 August 03, 2016 S:gt lure of authorized agent of conlracvtig business entity AFFIX NOTARY STAMP f SEAL ABOVE Sworn to and subscribed before me,by the said B rckJ+"ar S. 13arne S this the &I, day of Avqast 20_Z'Z _,to ceniry which,witness my hand and seal of office. &m.1 n. A S S f.5+q 11-'' /Signature of officer adnwnis[ frig oath Printed name of officer administering oath TWe of officer administering oath Farms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337