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HomeMy WebLinkAboutContract 40549CITY SECRETARY a CONTRACT NO. 4 D5 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home-ruk Article I Scope of Services A. Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER'S compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment muni ie " (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the Summit Consultants, Inc. Page 1 of 21 oFFIs✓IAi. RECORU ` CITY SECRETARY FT. WORTH, TX billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY'S professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER'S services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. Summit Consultants, Inc. Page 2 of 21 These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible Mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the properly of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER'S personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY'S construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observations) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment Summit Consultants, Inc. Page 3 of 21 and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY'S actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER'S opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER'S knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Summit Consultants, Inc. Page 4 of 21 I. Minority and Woman Business Enterprise (M/VVBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subcontractor reasonable advance notice of intended audits. (3) ENGINEER and subcontractor agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Summit Consultants, Inc. Page 5 of 21 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto -the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation - ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, Summit Consultants, Inc. Page 6 of 21 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance -shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER'S insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Summit Consultants, Inc. Page 7 of 21 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on afirst-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER'S insurance policies including endorsements thereto and, at the CITY'S discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Engineer The ENGINEER agrees to perform all services as an independent ENGINEER and not as a subcontractor, agent, or employee of the CITY. Summit Consultants, Inc. Page 8 of 21 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. Summit Consultants, Inc. Page 9 of 21 b A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER'S performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY'S facilities as may be required in connection with the ENGINEER'S services. The CITY will be responsible for all acts of the CITY'S personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER'S services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER'S services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY'S facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third Summit Consultants, Inc. Page 10 of 21 parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article ME. regarding the ENGINEER'S Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY'S Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. Summit Consultants, Inc. Page 11 of 21 (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B: Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. Summit Consultants, Inc. Page 12 of 21 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER'S personnel and subcontractors, and ENGINEER'S compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the Summit Consultants, Inc. Page 13 of 21 ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER'S agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance Summit Consultants, Inc. Page 14 of 21 thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B —Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D -Project Schedule Attachment E -Location Map [Remainder of Page Intentionally Left Blank] Summit Consultants, Inc. Page 15 of 21 Executed this the �i day of , 2010. ATTEST: CITY OF FORT WORTH: r_. Thomas M. Higgins ' Assistant City Manager RECOMMENDED: Kirk Slaughter, Director Public Events Department APPROVED AS TO FORM AND LEGALITY: Cherl K: Byles Assistant City Attorney ATTEST: Marty Hendrix City Secretary Date ENGINEER SUMMIT CONSULTANTS, INC. rrett S. Brown, Principal OFFiCIAiL RECORD CITY SECRETARY ;: FT. WORTH, TX t Summit Consultants, Inc. Page 16 of 21 ATTACHMENT A -SCOPE OF SERVICES The following is the Scope of Services for the Professional Services Agreement between the City and the ENGINEER for the FWCC. The ENGINEER will provide an engineering assessment of cooling tower renovation. The proposal will include the provision of mechanical electrical and plumbing engineering services for the referenced project. BASIC SERVICES: Summit will provide a study of options for the renovation of the cooling tower at the Fort Worth Convention Center. Consulting engineering services and deliverables will include: 1. Review of all existing mechanical, electrical, and structural conditions. 2. Study of options for best efficiency and best value for the cooling tower replacement. 3. Design of improved (steel) access platform and stairs. 4. Upgrade design of existing steel support structure as required to support the new cooling tower equipment. 5. Design of controls systems upgrades. 6. Preparation of construction budget estimates. 7. Preparation of construction documents and specifications. 8. Support the bidding and contractor selection process. 9. Provide construction administration during construction. Summit Consultants, Inc. Page 17 of 21 ATTACHMENT B -FEE SCHEDULE Fees and Payments ENGINEER proposes to complete the scope of services on a lump sum basis plus reimbursable expenses. The lump sum fee, excluding customary reimbursable expenses, will be $55,000.00 (fifty-five thousand dollars). The estimated reimbursable expenses will not exceed $5,500.00 (five thousand, five hundred dollars). Payment for services ENGINEER will submit invoices for services completed and will be paid according to the scheduled fee distribution listed below. Services will be completed in accordance with the approved City Schedule as referenced in Attachment D. Scheduled Fee Distribution of the $55,000.00 Lump Sum 1. 20% for completion of Attachment "A" Items 1-2. 2. 20% for completion of Attachment "A" Items 3-5. 3. 20% for completion of Attachment "A" Items 6-7. 4. 20% for completion of Attachment "A" Item 8. 5. 20% for completion of Attachment "A" Item 9. Payment for expenses ENGINEER will submit monthly invoices for reimbursable expenses. Reimbursable expenses will be billed at the actual cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. The City reserves the right to require additional information regarding expenses in writing before paying the ENGINEER. Contingency Fees and Payments In order to draw against the contingency reserve fund of $5,500.00 (five thousand, five hundred dollars), ENGINEER shall notify the City, through its Director or his designee, in writing if it will need additional funds in order to provide additional services and/or expenses and pay for additional services to complete the Project. The ENGINEER'S notice shall outline in detail which additional services are necessary from Attachment A to complete the Project and the fee for those services. In no event will the amount paid to ENGINEER exceed $5,500.00 (five thousand, five hundred dollars). ENGINEER will receive payment for additional services and/or expenses only if the Director or his designee in writing approves the additional services and/or expenses as well as the proposal fees. Summit Consultants, Inc. Page 18 of 21 Attachment C -Amendments to Agreement Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. TIME OF COMMENCEMENT AND COMPLETION The Services shall be commenced on or promptly following the execution of this Agreement and shall be completed no later than t $O days thereafter. PUBLIC INFORMATION ENGINEER understands and acknowledges that the City is a public entity under the laws of the State of Texas and as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. ENGINEER shall clearly indicate to the City what information it deems proprietary. If the City is required to disclose any documents that may reveal any ENGINEER Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the City will notify ENGINEER prior to disclosure of such documents, and give ENGINEER the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to ENGINEER'S information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect Company's information in the same manner and to the same degree it protects its own proprietary information; however, the City does not guarantee that any information deemed proprietary by ENGINEER will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. Summit Consultants, Inc. Page 19 of 21 Design Start Design Finish Design Review Bid Documents Bids Due Contract Award Construction Start Construction Finish Attachment D -Project Schedule June 28, 2010 August 2, 2010 August 9, 2010 August 16, 2010 September 1, 2010 October 1, 2010 November 1, 2010 December 15, 2010 Summit Consultants, Inc. Page 20 of 21 Attachment E -Location Map Summit Consultants, Inc. Page 21 of 21 City of Fort Worth, Texas Mayor and Council Communication C©UNCIL ACTION: Approved on 6/8f2010 - Ord. iNo. 19172-06-2010 DATE: Tuesday, June 08, 2010 LOG NAME: 25COOLINGTOWERDESIGN REFERENCE NO.: **C-24247 SUBJECT: Authorize the Execution of an Engineering Services Agreement with Summit Consultants, Inc., to Assist with the Design of a New Cooling Tower and Associated Upgrades for the Fort Worth Convention Center in an Amount Up to $60,500.00 Including $5,500.00 in Contingency and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund by $60,500.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; and 2. Authorize execution of an Engineering Services Agreement for an amount up to $60,500.00 including $5,500.00 in contingency, with Summit Consultants, Inc., for the design of a new cooling tower and associated upgrades for the Fort Worth Convention Center. DISCUSSION: The existing five cell cooling tower for the Fort Worth Convention Center was installed in the late 1960's and is the original cooling tower. The cooling tower must be replaced due to the advanced age and condition of the cooling tower. In the event of catastrophic failure of the existing cooling tower, staff would be unable to provide conditioned air for the facility and would be unable to host events until the cooling tower was replaced. Summit Consultants, Inc., will assist staff with designing construction documents and specifications for the replacement of the existing five cell cooling tower. The engineering services and deliverables will include: . Review of all existing mechanical, electrical and structural conditions; . Study of options for best efficiency and best value for the cooling tower replacement; . Design of improved access platform and stairs; . Upgrade design of existing steel support structure as required to support the new cooling tower equipment; . Design of control system upgrades; . Preparation of construction budget estimates; and . Support the bidding and contractor selection process. Funds are available in the unaudited, unreserved, undesignated fund balance of the Culture and Tourism Fund. The overall project cost is estimated to be: Logname: 25COOLINGTOWERDESIGN Page 1 of 2 Consulting Services Contingency Total $55,000.00 5 500.00 $60,500.00 Summit Consultants, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation. The City's goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the unaudited, unreserved, undesignated fund balance of the Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/AccountlCenters GG04 539120 0246000 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers $60,500.00 GG04 539120 0246000 ATTACHMENTS 1. 25COOLINGTOWERDESIGN AO.doc (Public) Thomas Higgins (6192) Kirk Slaughter (2501) Kirk Slaughter (2501) 2. fundingverifcation.pdf (CFW Internal) 3. MWBE Contract Compliance Memo.PDF (CFW Internal) $60, 500.00 Logname: 25COOLINGTOWERDESIGN Page 2 of 2 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $60,500,00, AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE DESIGN OF A NEW COOLING TOWER AND ASSOCIATED UPGRADES FOR THE FORT WORTH CONVENTION CENTER; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Culture and Tourism Fund by $60,500.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the design of a new cooling tower and associated upgrades for the Fort Worth Convention Center, SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. LoTers" That this ordinance shall be cumulative of Ordinance No.18809 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: CITY OF FORT WORTH ;Preared by: Frank Kile 04-29-10 CULTURE AND TOURISM FUND BALANCE CULTURE AND Approved by: APRIL 28, 2010 TOURISM FUND GG64 RESERVED FOR ENCUMBRANCES UNRESERVED. UNDESIGNATED FY2008FUN0 BALANCE FY2009 REVENUES 1/20/2010 FY2009 EXPENDITURES 1/20/2010 Supplemental Appropriations M&C C-23940 GL 12110960 Dated 12-08-09 M&C C-24008 GL 12230951 Dated 12-15-09 M&C 02HARLEYAMENDI 02-09-10 03-23-10 GLO3311054 M&C COWTOWNHANDRAILS 03-23-10 GLO3311054 M&C 13P 10-0355 WILL ROGERS A/L EQUIP LSJ M&C C-24162 GL04091052 DATED 04-06-10 FWCC CENT KITCH HVAC M&C 25NCHA2010 M&C25COLLINGTOWER DESIGN 3S: MINIMUM FUND BALANCE RESERVE (20% of adopted budget of $29,010,535 less $4,829,893 for debt service) (239,302.00) (13,501.043.59) {13,740,345.59) (21.077.559.96) 19,932,958.68 150.000.00 38,015.69 58,732.00 26,436.00 483,962.00 342,220.00 73,613.00 60,500.00 4, 836,128.40 (8,815,350.78} Q:1FY2010 FUND SALANCEStSEPTEMBER 2009 FUND BALANCES AS OF APR28 2010.x1sm To: CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL. Angie Highland (underline appropriate one} From: Melani Villarreal M/WBE Office Staff Date: April 26, 2010 Buyer Department Director 6293 Extension In the Amount of $60,500.00 PE2010-01 DOE/Protect No. Project/Bid: Fort Worth Convention Center Cooling Towers 1. Compliance with the City's M/WBE has been achieved by one of the following methods: a). Summit Consultants. Inc. is in compliance with the City's MNVBE Ordinance by committing to 25% M/WBE participation. The City's goal on this project is 1iJ b). is in compliance with the City's M/WBE Ordinance by committing to 0% M/WBE participation and documenting good faith effort. idened several subcontracting and supplier opportunities. However, the MNVBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 0%. c)s faith effort. is in compliance with City's M/WBE Ordinance by documenting good The City's goal on this project is 0%. d). is in compliance with City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is 0%. 2. The apparant low dollar bidder (s) did not comply with the City's M/WBE Ordinance because: OS/f 1/99