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HomeMy WebLinkAboutContract 59072CSC No. 59072 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: WRMC Coliseum Transformer Replacement. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachment "A", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services A. The Scope of Services is set forth in Attachment "A". Article II Compensation A. The ENGINEER's compensation shall be in the amount of $221,000.00 as set forth in Attachment "A". B. If applicable, upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third -party evaluation firm (and its licensed inspector) reasonable access to perform a one-time, on -sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 1 of 17 Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment "A" to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (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 "A". 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 2 of 17 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. 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 drawings of all plans in electronic format and in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 3 of 17 (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment "A", the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment "A". (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 4 of 17 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. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of fact (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 5 of 17 (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability— the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 6 of 17 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 7 of 17 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. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. 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. 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. The CITY shall not be responsible for the direct payment of any insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 8 of 17 premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 9 of 17 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment "A" to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment "A". 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 "A". E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 10 of 17 ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 11 of 17 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment "A". 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 12 of 17 permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 13 of 17 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contractor 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 14 of 17 comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. L. Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. M. No Boycott of Israel If Engineer has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Engineer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Engineer certifies that Engineer's signature provides written verification to City that Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. N. Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 15 of 17 the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 16 of 17 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth .ate 3�.GG By: Dana Burg hdoff (M r20, 20 :39 CDT) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Mar 20, 2023 Approval Recommended: Bv: Stev (Mar 6, 209:21 CST) Name: Steve Cooke Title: Director, Property Management Dept. Attest: ppvopn qq4 FORr��a� 60000000000�yo9��d �o ono o=g � °QaIl aezp5a4p By: Name: Jannette Goodall Title: City Secretary VENDOR: Baird, Hampton & Brown, Inc X 2ge �Rl edalG By: Ken Randall (Feb 27, 2023 09:21 CST) Name: Ken Randall, PE Title: Principal Date: Feb 27, 2023 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/27/2021 Page 17 of 17 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4INl Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: 23-0036 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Attachment "A" BAIRD, HAMPTON & BROWN building partners PROFESSIONAL ENGINEERING SERVICES FOR WILL ROGERS MEMORIAL CENTER COLISEUM TRANSFORMER REPLACEMENT FORT WORTH, TEXAS REVISED FEE PROPOSAL FOR ENGINEERING SERVICES FOR CITY OF FORT WORTH PMD 401 West 13t" Street Fort Worth, Texas 76102 November 11, 2022 PROPOSAL am. B BAIRD, HAMPTON & BROWN building partners BACKGROUND COLISEUM TRANSFORMER REPLACEMENT We certainly appreciate the opportunity to provide the architectural and engineering services for replacement of the seven transformers serving the WRMC Coliseum. We offer this scope of work and fee proposal for the project as we discussed in our scoping meeting held in the WRMC Auditorium conference room on October 25, 2022. BHB has built a solid reputation of delivering quality engineering services, and we have great experience with the design of power distribution systems for existing facilities. We have delivered similar services for the City of Irving, the City of Allen, and Tarrant County. This experience, and over 30 years of providing engineering services to our community, has helped us establish ourselves as a service -oriented firm dedicated to solving problems and meeting our client's needs. [on. 1*11 WA Provide the design to replace the seven, medium voltage, transformers and associated oil -filled switches installed in six electrical rooms located on the interior of the Coliseum. These transformers shall be relocated to positions outside of the Coliseum. Alternate locations discussed were to install them on the flat roof area south of the Coliseum, in screened enclosures on grade, in underground vaults, or in some combination of these options as best suits the application and the ability of WRMC to maintain the transformers. We acknowledge that the Coliseum is a historic landmark and no equipment shall be installed such that it changes the facade appearance. We anticipate this project will pursue a typical design / bid / build construction method. 6300 Bid gIea Place, Suite 700 1 Fort Worth, Texas 761161 PH: 817.338.12771 FX: 817.338.9245 TBPELS Firm #44, #10011300, #10011302, #10194146 engineering I surveying I landscape WRMC Coliseum Transformer Replacement Proposal Letter A/E Services for Construction Documents November 11, 2022 Page 3 of 6 General Services BHB shall provide the design of all structural, civil, plumbing, and electrical systems to provide the replacement of the Coliseum transformers and switches as noted above. BHB will engage Hahnfeld Hoffer Stanford to provide the architectural design for wall/roof penetrations, screen enclosures, and any needed electrical equipment room modifications to support new equipment. BHB will also engage Lonestar Electric to assist in the electrical design as they have intimate knowledge of the campus' electrical systems. Lonestar Electric will also offer opinions on the constructability, phasing, and the ability to maintain the proposed solution(s). The anticipated deliverables for each milestone phase are identified in the following Deliverables Matrix. Cost estimates will be prepared by Riddle & Goodnight with input from the A/E team at each deliverable stage. Field Evaluation Our field evaluation will review existing structural, and electrical systems to determine the best locations for the new transformers and medium voltage switches. The tasks to be completed are: 1. Perform site investigation(s) identify and evaluate the following: a. Perform a topographic survey and sub -soil utility engineering (SUE level B) to identify existing utility locations. b. Review the existing transformer and switch locations and identify potential new locations on site. c. Identify new feeder routing paths from new transformer/switch locations back to the existing electrical distribution system. d. After reviewing the existing structural record drawings, observe the condition of the existing Exhibit Hall roof structure and its ability to accept additional loading. 1. Schematic design review set with interim stamp for Owner reviews in electronic format (PDF). 2. 80% review set with interim stamp for Owner reviews in electronic format (PDF). 3. 100% signed and sealed construction drawings and documents in electronic format (PDF). 4. Electrical specifications in electronic format (PDF). 5. Construction cost estimate for the project (PDF) at each deliverable stage. 6300 Ridglea Place, Suite 700 1 Fort Worth, Texas 761161 PH: 817.338.12771 FX: 81Z338.9245 TBPELS Firm #44, #10011300, #10011302, #10194146 engineering I surveying I landscape WRMC Coliseum Transformer Replacement Proposal Letter A/E Services for Construction Documents November 11, 2022 Page 4 of 6 Deliverables Matrix Phase Item Schematic Design 80%Construction Documents 100%Construction Documents Specification Table of Contents and Draft specifications Complete Specifications equipment cut sheets Plumbing & Piping Proposed sump pump and Pump selection and pipe routing and Pipe sizes and routing piping solution if underground sizes Design calculations vaults are used. Lighting (if required) Fixture cut sheets Fixture/switching layout Fixture schedule Installation details Electric Power Confirm transformer sizing and Final equipment layout/sizes Load summary Distribution locations. Feeder routing. One -line diagrams Design calculations Preliminary equipment layout Load estimates Site & floor plans One -line diagram One -line diagram Structural Preliminary concept for Equipment pad and support details Final details transformer supports Architectural Preliminary planning screening Screening details Final screening details as required Roof/wall penetration details Final roof/wall penetration details Meetings Attend three (3) design review meetings to discuss comments on design options, drawings, and technical specifications. Construction Phase Services 1. Attend pre -bid meeting. 2. Attend pre -construction meeting. 3. Review shop drawings and submittals. 4. Review and comment on any Requests for Information (RFI). 5. Perform monthly site visits to review construction progress (six (6) visits anticipated) 6. One (1) final site visit at substantial completion and provide a punch list of observed electrical deficiencies. We propose to provide the land surveying, architectural design and the civil, structural, mechanical, and electrical engineering design for the referenced project in sufficient detail to receive construction bids from subcontractors and in sufficient detail to install the systems in accordance with applicable codes. Deliverables will include original drawings (CADD Plots) and specifications prepared for binding separately. Drawings will be sealed by a Registered/Licensed Architect or Professional Engineer. 6300 Ridglea Place, Suite 700 1 Fort Worth, Texas 761161 PH; 817.338.12771 FX; 81Z338.9245 TBPELS Firm #44, #10011300, #10011302, #10194146 engineering I surveying I landscape WRMC Coliseum Transformer Replacement Proposal Letter A/E Services for Construction Documents November 11, 2022 Page S of 6 CLARIFICATIONS Our fee proposal makes the following assumptions: 1. The entire project will be designed at one time; no phasing of design has been included. 2. Our fee proposal is based upon producing the Contract Documents using AutoCAD. 3. Permit and regulatory department application fees are not included as part of our proposal, at this time we are proposing that all fees be paid by the City of Fort Worth. 4. We cannot be responsible for equipment delivery that affects construction schedules. COMPENSATION In consideration for the scope described above we propose the following stipulated sum fees: Land Surveying / SUE $6,000 SUE —Level B 25,500 Schematic Design 55,500 80% Construction Documents 71,250 100% Construction Documents 31,750 Bidding 3,000 Construction Administration 28,500 Total Fee $221,000 Invoices will be forwarded to your office based upon the percentage of design completed during each billing period and will be due per the terms of the General Conditions. Stipulated sum does not include direct expenses, as outlined in the General Conditions. Travel expenses, plotting and reproduction expenses, other than those identified in this proposal will not be incurred without your prior approval, at which point these expenses will be reimbursed per the terms of the General Conditions. Additional Services will be billed at the rates listed below: Engineering: Surveying: Engineering & Management— Principal/VP $ 285.00 /hr. Engineering & Management— Principal/VP $ 285.00 /hr. Project Management $ 190.00/hr. Surveying Services —Senior RPLS $ 190.00/hr. Engineering —Senior PE $190.00/hr. Surveying Services —RPLS $145.00/hr. Landscape Architect $ 135.00 /hr. CAD/Tech. Survey Services — Sr Tech. $ 135.00 /hr. Landscape Architect Intern $ 90.00 /hr. CAD/Tech. Survey Services $ 90.00 /hr. Engineering Services — PE $ 135.00 /hr. Land Surveying Research $ 90.00 /hr. Engineering Services — EIT $ 100.00 /hr. Field Surveying —1 Person Crew $ 175.00 /hr. Design Services — Senior Designer $ 135.00 /hr. Field Surveying — 2 Person Crew $ 205.00 /hr. Design Services — Designer $ 100.00 /hr. Construction Staking — 2 Person Crew $ 225.00 /hr. CAD / Drafting Services $ 70.00 /hr. GIs Technical Services $ 90.00 /hr. Clerical Services $ 65.00 /hr. 6300 Ridglea Place, Suite 700 1 Fort Worth, Texas 761161 PH: 817.338.12771 FX: 81Z338.9245 TBPELS Firm #44, #10011300, #10011302, #10194146 engineering I surveying I landscape WRMC Coliseum Transformer Replacement Proposal Letter A/E Services for Construction Documents November 11, 2022 Page 6 of 6 lli4_1►yi[410LItLT4kM Owner: City of Fort Worth 401 West 13t" Street Fort Worth, Texas 76102 Engineering Principal Ken Randall, PE Baird, Hampton & Brown, Inc. 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 ACCEPTANCE Owner's Representative: Ronald Clements, AIA City of Fort Worth PMD 401 West 13t" Street Fort Worth, Texas 76102 Engineering Project Manager Ken Randall, PE Baird, Hampton & Brown, Inc. 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 If you agree with the terms of this proposal, please indicate your approval by signing below and returning to our office. We will consider receipt of this signed agreement as our notice to proceed. Thank you for the opportunity to work with you on this project. Sincerely, BAIRD, HAMPTON & BROWN, INC. Ken Rand II, PE Principal, Electrical Engineer CITY OF FORT WORTH Signature n" Date 6300 Ridglea Place, Suite 700 1 Fort Worth, Texas 761161 PH; 817.338.12771 FX; 81Z338.9245 TBPELS Firm #44, #10011300, #10011302, #10194146 engineering I surveying I landscape 2/23/23, 12:29 PM M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 10, 2023 REFERENCE NO.: **M&C 23-0036 LOG NAME: 21WILL ROGERS TRANSFORMER REPLACEMENT SUBJECT: (CD 7 / Future CD 7) Authorize Execution of an Engineering Agreement with Baird, Hampton & Brown, Inc., in the Amount of $221,000.00 for the Design for Electrical Upgrades and Transformer Replacements at Will Rogers Memorial Center RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering agreement with Baird Hampton & Brown, Inc., in the amount of $221,000.00 for the design and engineering for seven transformer replacements at Will Rogers Memorial Center. DISCUSSION: (CD 7/Future CD 7) The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Engineering Agreement with Baird, Hampton & Brown, Inc., in the amount of $221,000.00 for the design and preparation of construction documents for transformer replacements at Will Rogers Memorial Center. Baird, Hampton & Brown is one of the firms preselected for professional services agreement with the City. Staff considers this fee to be fair and reasonable for the scope of services proposed. Typical life expectancy for a well -maintained transformer is 60 years. The transformers for the Will Rogers Memorial Center are original to the 1936 building and are past their "end of life" (EOL) cycle. Due to the age of the equipment (86 yrs) technical support, parts and maintenance of the equipment are no longer possible. Additionally, these pieces of equipment have long lead times and if a failure occurs it would be substantially disruptive to services. The engineer will provide design services and prepare construction documents for proposed improvements: • Transformer Replacement - Replace and relocate seven, medium voltage, transformers and associated oil -filled switches from the interior electrical rooms to an exterior location of the Coliseum. Transformer shall be installed on the flat roof south of the Coliseum, underground vaults or a combination of the two options pending further investigations. Estimated Costs: The estimated costs for design and construction is summarized as follows: WRMC Transformer Replacement Totals Professional Services (Design) $ 221,000.00 Construction Contract (including Owner's Construction $3,500,000.00 Contingency Allowance) Project Administration Cost: Project Management, Bid, Survey, Advertisement, Site Utilities, IT, Security, $ 18,000.00 Project Management, Contingency, Etc. ANTICIPATED ROJECT TOTAL $3,739,000.00 Funding is budgeted in the Culture & Tourism Department's Public Events Capital Fund for the purpose of funding the Coliseum Transformer Replacement project, as appropriated. apps.cfwnet.org/ecouncil/printmc.asp?id=30664&print=true&DocType=Print 1 /2 2/23/23, 12:29 PM M&C - Council Agenda Schedule - Construction is planned to begin during the first quarter of the calendar year of 2023 with an anticipated completion date during the second quarter of the calendar year of 2024. Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Diversity and Inclusion Business Equity Office - Baird, Hampton & Brown, Inc., requested a waiver of Business Equity Goal because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This was reviewed and approved by DVIN on December 06, 2022. Will Rogers Memorial Center is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Public Events Capital Fund for the Coliseum Transformer Replace project to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Culture and Tourism Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs),: TO Fund Department Account Project ProgramActivity Budget Reference # 1Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # ID I I ID I Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Nikita Watts (2028) ATTACHMENTS 1. 21 WILL ROGERS TRANSFORMER REPLACEMENT funds availabilitypdf (CFW Internal) 2. 21 WR Transformer FID TABLE (rv).xlsx (CFW Internal) 3. 221206 PMD Waiver signed Coliseum Transformers.pdf (CFW Internal) 4. SAM Baird Hampton Brown Inc.pdf (CFW Internal) 5. WRMC Coliseum Form 1295.pdf (CFW Internal) 6. wrmc plat 2011.pdf (Public) Amount apps.cfwnet.org/ecouncil/printmc.asp?id=30664&print=true&DocType=Print 2/2