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HomeMy WebLinkAboutContract 56943CSC No. 59643 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Hahnfeld Associates, Architects and Planners, Inc. dba Hahnfeld Hoffer Stanford Architects Planners Interiors, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Will Rogers Memorial Center Coliseum Concourse Renovation. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachment "A", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Will Rogers Memorial Center Coliseum Concourse Renovation. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $90,000.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. City of Fort Worth, Texas Revision Date: 11/22/2021 Page 1 of 9 Standard Agreement for Professional Services Project Name OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third -party evaluation firm (and its licensed inspector) reasonable access to perform a one-time, on -sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 2 Years, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 2 of 9 intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Revision Date: 11/22/2021 Page 3 of 9 Standard Agreement for Professional Services Project Name e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 4 of 9 of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub -consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 5 of 9 misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 6 of 9 Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Article XVI Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Article XVII No Bovcott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Article XVIII Prohibition on Bovcottinq Enerqv Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 7 of 9 during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XIX Prohibition on Discrimination Aqainst Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XX Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Nikita N. Watts Sr. Capital Projects Officer 401 West 13t" Street Fort Worth, Texas 76102 Consultant: HAHNFELD HOFFER STANFORD Attn: David Stanford 200 Bailey Avenue, Suite 200 Fort Worth, Texas 76107 City of Fort Worth, Texas Revision Date: 11/22/2021 Page 8 of 9 Standard Agreement for Professional Services Project Name Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Daum UarH o By: Dana Burghdoff (Ju 1, 202310:09 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Jun 21, 2023 Approval Recommended: By: Steve oSteve k 023 12:42 CDT) Name: Steve Cooke Title: Director, Property Management Dept x ` �,d44UOq� DOORT�Il� Attest: �o�°°°c°°o oo �o Pvo o= o o °°000loo °° ° *� antt nEXAs�bp By: Name: Jannette Goodall Title: City Secretary VENDOR: Hahnfeld Associates, Architects and Planners, Inc. dba Hahnfeld Hoffer Stanford Architects Planners Interiors a �:5� By: David Stanford (Jun 9, 2311:29 CDT) Name: David Stanford Title: Principal Date: Jun 9, 2023 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4�� Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: sr Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: n/a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 9 of 9 Attachment "A" 0 Hae�eld HoffStanford architects / planners ! Interlors May 31, 2023 Mr. Ronald Clements Registered Architect City of Fort Worth Property Management Department 401 West 1311 Street Fort Worth, Texas 76102 Re: Will Rogers Memorial Center Coliseum Concourse Renovation City of Fort Worth Fort Worth, Texas Dear Ronnie: Thank you for the opportunity to submit our fee proposal for working with the City to determine the Scope of Work to be addressed in the upcoming project to renovate the WRMC Coliseum Concourse, and to develop the design and Construction Documents for the Project to be built. During this process, we will meet with the City's staff to discuss the proposed Scope of Work the City wants to pursue, on multiple occasions, and will schedule several additional meetings to ultimately determine the final scope based on available funds. We propose a fee of $90,000.00 ($59,000.00 Hahnfeld Hoffer Stanford, $5,000.00 Ponce-Fuess, $18,000.00 Solare Engineering, and $8,500.00 BAi) for the Scope of Work for master planning the Coliseum. A fee for completion of the Construction Documents for the scope of the construction work agreed to by the City will be submitted at a later date. We have not included the fees for Civil Engineering and Estimating at this time, but will update when the scope is better defined. Attached is our proposed Scope of Work document for the project. Sincerely, HAHNFELD HOFFER STANFORD ats planners interiors P 44avidR. Stanford, AIA Principal Cc: Brad Barnes, FWSSR Matt Carter, FWSSR Enclosures: Proposed Scope of Work and Schedule Ponce-Fuess Engineering Proposal, dated 05/31/2023 Solare Engineering Proposal, dated 05/31/2023 BAi Proposal, dated 05/30/2023 WRIVIC Coliseum Concourse Renovation Proposed Scope of Work and Schedule I. Proposed Scope of Work Develop Master Plan for the Coliseum Renovation that outlines all elements of renovation required to bring the Coliseum Concourse up to today's standards while reflecting the historic character of the facility. After meetings we: a) Draw background drawings of the existing facilities as they currently exist. • Draw backgrounds based on existing drawings. • Field verify existing facilities and modifications that have been made over the years. • Field verify the mechanical, electrical/lighting, and plumbing design and determine what modifications need to be made. • Review food service facilities and determine the needs for these spaces. • Review the A/V system that is existing and what modifications and enhancements that need to be made. b) Schedule meeting with user groups to discuss the Coliseum usage, needs, shortcomings, and what improvements should be made. • Meet with Stock Show to review how they will be using the Coliseum and what improvements need to be made for spectators, participants, animals, and other uses. One meeting anticipated. • Meet with Equestrian organizations to discuss how they currently use the Coliseum, and how they envision using it in the future. Three meetings anticipated. • Meet with food services vendors) and consultants to determine what improvements need to be made and what alternative venues need to be provided. Study options for possible casual dining areas. One meeting anticipated. • Meet with City Staff and Event Staff to determine how we want to share sound systems and A/V systems. One meeting anticipated. • Meet with WRMC Staff to get insider's opinions about what needs to be improved upon for all of the different events and groups that use the Coliseum. Two meetings anticipated. c) Develop concept designs that address all of the issues brought up during our meetings to best determine what modifications need to be made. • Look at solutions that address the shortcomings and needs of the user groups for the entire Coliseum. • Review the design concepts with the City and user groups to determinate the best options to pursue. • Further develop the preferred options, so they can be conceptually priced to determine their viability. • Do a code analysis to explore other issues that will need to be addressed. • Develop a conceptual estimate for all proposed phases of the project to determine what the ultimate scope of each phase will be. Fees for estimating are not currently included in the proposed fee. • Create three renderings for the concept design. d) Review preliminary list of Scope of Work, and determine, after meetings, the ultimate scope and phasing of work based on available funding. • List of potential demolition items: o Remove flooring o Ceiling o Doors o HVAC o Plumbing o Lighting o Fire Alarm o Wall Finishes o Signage o Roof • List of potential construction items that need to be renovated with the timeline for construction to be determined by available funds: o New flooring finish to break the concourse area into different zones for better definition of use. o Replace all wall finishes to upgrade the concourses appearance and to give better definition of different spaces within it. o Replace the existing ceiling construction and install a new design that helps to improve the emphasis of the design to focus on different zones while traveling around the space. Use a system of materials that are better related to the art -deco architecture of the building. Improve the acoustical treatment of the ceiling and add new light fixtures and graphics to better define the spaces and entry points to arena seating. Incorporation of a new fire -sprinkler system will also be required. o New HVAC duct work, grilles, and exhaust system will be installed to tie into new HVAC air handlers being provided by a different funding source that is replacing and relocating the existing air handlers. o Replace all existing doors with new metal doors and frames, using a decorative design to enhance the new design look for the concourse. o Door hardware, closers, etc. will be included for all the doors in the concourse for both interior and exterior doors. o In the restrooms, the existing recently replaced plumbing fixtures will be reused or relocated to better accommodate the required number of fixtures and associated TAS/ADA requirements. New toilet partitions, mirrors, and accessories will be installed. New floor file and wall finishes will replace the existing finishes. The ceiling will be replaced, incorporating new lighting, duct work, and diffusers. Additional restroom facilities will be added as required, including family restrooms, to meet the current building code and TAS/ADA requirements. o A new wayfinding package will be included in the design. o The concessions areas will be upgraded, added to, and will be made to meet TAS/ADA requirements. o Improvements to the exterior walls adjacent to the concourse will be refurbished as required. o A new roof over the concourse will be installed to repair existing roof penetrations to be abandoned by the HVAC relocation and to eliminate all existing roof leaks. o New exterior wall finishing and repair will be used to repair possible leaks in the walls. o A new sound system will be installed in the concourse and restrooms that will tie into the universal system for the Coliseum and WRMC complex. o New audio/visual graphics will be added to the concourse. o Improvements to main lobby north of the concourse will be made and the existing finishes will be refurbished as required to accommodate the concourse upgrades. o The design will meet all building codes, TAS/ADA requirements, and Historic Registry requirements. o Construction phasing throughout the project will need to be addressed to conform with scheduled events in the Coliseum. e) Develop construction documents on the phases determined by the City based on the design and approval of the different user groups. • Currently the scope may include upgrading the restrooms and concession/food venues based on the approved funding from ARPA and the City. • If additional funding becomes available, more areas and phases of the Master Plan will be developed. • By doing the master plan first, the team will have a better definition of how and when the phases can or needs to occur. [I, Proposed Schedule Meetings with User Groups Master Plan Master Plan Presentation Schematic Design Design Development 50% Construction Documents 75% Construction Documents 100% Construction Documents May 25, 2023 —June 15, 2023 June 16, 2023—July 15, 2023 July 15, 2023 —July 22, 2023 July 24, 2023 —August 11, 2023 August 14, 2023 —September 15, 2023 September 18, 2023 — November 3, 2023 November 6, 2023 — December 8, 2023 December 11, 2023 —January 4, 2024 PONCE FUESS ENGINEERING Proposal for Professional Engineering Services To: Eric Hahnfeld Hahnfeld Hoffer Stanford 200 Bailey Ave Suite 200 Fort Worth, TX 76107 Date: May 31, 2023 Project: Will Rogers Memorial Center— Coliseum renovation studies Fort Worth, TX PROJECT DESCRIPTION Concept studies for renovations of the existing coliseum at the Will Rogers Memorial Center in Fort Worth. BASIC SERVICES Preliminary narrative describing existing structural conditions, proposed structural renovations and modifications, and anticipated new structural systems and materials for preliminary pricing by others. • Includes one (1) visit to site, if required, for evaluation of general structural condition of existing building by visual observation. Scope does not include removal or testing of materials, or removal of finish materials for access to structural components. • Includes review of existing structural drawings, if available. FEES FOR BASIC SERVICES Professional Fees for Basic Services are proposed as follows: HOURLY BASIS Table of employee rates available on request. Total Estimated Fee = $5,000 REIMBURSABLE EXPENSES Project expenses will be invoiced, at cost, in addition to Basic Fees as follows: Item Estimated Amount Printing & Copying $0 Auto Expenses (@ IRS Standard Rate per Mile) $200 Courier/Expressage Charges $0 Total Estimated Reimbursable Expenses $200 ADDITIONAL SERVICES Services required and authorized beyond the scope of Basic Services will be invoiced on the basis of personnel time and expenses. • Employees Table of employee rates available on request. • Expenses 1.00 times cost. LIMIT OF LIABILITY Neither Ponce-Fuess Engineering, their subconsultants, nor their agents or employees shall be jointly, severally, or individually liable to the client in excess of the compensation to be paid pursuant 3333 Lee Parkway, Suite 475 1 Dallas, TX 7S219 I Tel 469.310.2850 1 TX NF-12125 I www.ponce-fuess.com Professional Engineering Services Proposal — Page 1 PONCE-FUESS ENGINEERING to this agreement, by reason of any act or omission, in tort or contract, including breach of contract, breach of warranty, or negligence. CONTRACTFORM This proposal will serve as the agreement for professional services and the terms and conditions of AIA C401 Standard Form of Agreement Between Architect and Consultant are incorporated by reference unless and until a subsequent formal written agreement is executed. - END OF PROPOSAL - Proposal made by: Proposal accepted by: Lucas Ponce, PE President PONCE-FUESS ENGINEERING, LLC (Client Signature) (Client Printed Name) (Date) 3333 Lee Parkway, Suite 475 1 Datlas, TX 75219 I Tel 469.310,2850 1 TX NF-12125 I www.ponce--fuess.com Professional Engineering Services Proposal — Page 2 PONCE-FUESS ENGINEERING Personnel Hourly Billing Rates — 2023 (Last updated 0111912023) POSITION HOURLY RATE Senior Principal........................................................................................................... $250.00 to $275.00 Pi-incipal.......................................................................................................................$210.00 to $235.00 AssociatePrincipal, ....................................................................................... ........................... ... $200.00 SeniorAssociate.......................................................................................................................... $170.00 Associate...................................................................................................................... .. $150.00 SeniorPE...................................................................................................................................... $135.00 PE.................................................................................................................. $125.00 EIT................................................................................................................................................ $115.00 SeniorTechnician.................................................................................................... ................ $130.00 CAD/BIM Technician.................................................................................................................... $115.00 AdministrativeAssistant................................................................................................................. $85.00 3333 Lee Parkway, Suite 475 1 Dallas, TX 75214 I Tel 469.310.2860 1 TX #F--12125 I www.ponce-fuess.com Page 1 of 1 • Ll 11 �L ENGINEERING UNLIMITED, INC. May 31, 2023 Hahnfeld Hoffer Stanford 1425 81h Avenue, Suite 200 Fort Worth, Texas 76104 Attn.: Eric Hahnfeld Re: Will Rogers Coliseum MEP Review Dear Mr. Hahnfeld, Solare Engineering Ultd., Inc. (Solare) is pleased to offer the following proposal for the provision of engineering services for the referenced project. SCOPE OF SERVICES: Solare will review the existing mechanical, electrical, and plumbing systems at the Will Rogers Coliseum located in Fort Worth, Texas. Scope includes preform review of owner furnished document of mechanical systems, electrical and plumbing systems, one (1) site walk through per discipline, documented observations of the systems in a written report. The assessment will be based on process outlined in ASME E 2018-08 Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process. HAHNFELD HOFFER STANFORD WILL: Provide a copy of the client's agreement with the owner, known as the Prime Agreement (from which compensation amounts may be deleted) if Solare's obligations and liabilities are affected by the Prime Agreement. Provide building and site base plan in AutoCAD Release 2020 or Autodesk Revit Building Information Modeling (BIM) software for use by Solare in preparation of engineering drawings. Advise Solare of the applicable building and design standards/design criteria. This includes but is not limited to special occupancy classifications, building type and other special code -related considerations. 1300 Summit Avenue, Suite 514 Fort Worth, Texas 76102 Tel 817.529.6800 www,solare-eng,com G O a Hahnfeld Hoffer Stanford May 31, 2023 Page 2 COMPENSATION FOR ENGINEERING SERVICES: Solare Engineering Ultd., Inc. will be paid for Basic Services the stipulated sum of $18,000.00, plus reimbursable expenses times 1.1. Compensation for other Additional Services will be on the basis of direct salary cost times 2.5 plus reimbursable expenses times 1.1. Please see Attachment B Hourly Billing Ranges for current total billing ranges for Solare personnel. The Basic Services fee payment schedule will be based upon a monthly estimate of completion of the work, not to exceed the following amounts at the specified phases of the project: Work under this proposal will be performed in accordance with Attachment A Terms and Conditions for Professional Services. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indicated and return an executed copy for our files. We deeply appreciate this opportunity to be of service and look forward to working with you on this project. Sincerely, SOLARE ENGINEERING Tori L. Thompson, President Date: May 31, 2023 Accepted: Hahnfeld Hoffer Stanford Eric Hahnfeld, AIA, Date: 1300 Summit Avenue, Suite 514 Fort Worth, Texas 76102 Tel 817.529.6800 vvww.solare-erg.com ®® 0 Attachment A TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES DEFINITIONS: The term CLIENT as used herein refers to Hahnfeld Hoffer Stanford. The term ENGINEER refers to Solare Engineering Unlimited, Inc., its employees and agents and its subcontractors. The AGREEMENT consists of these Standard Terms and Conditions, the proposal letter by ENGINEER, the AIA Standard Form of Agreement between Architect and Engineer, Purchase Order, or other legal form of authorization by CLIENT. WORK is defined as professional services performed by ENGINEER under the terms of the AGREEMENT. SCOPE REVISIONS: Changes in the scope of the WORK initiated by CLIENT that result in a change in the time or cost to the ENGINEER to provide services under the AGREEMENT shall result in a mutually acceptable modification to the time and compensation levels in the AGREEMENT. Such changes shall be made in writing as an amendment to the AGREEMENT. INSURANCE: ENGINEER shall provide to CLIENT certificates of insurance if requested which shall show proof of the following levels of minimum coverage: Commercial General Liability General Aggregate $1,000,000 Automobile Liability CSL $1,000,000 Professional Liability Annual Aggregate $1,000,000 OWNERSHIP OF DOCUMENTS: All drawings, specifications, reports, and other project information developed in the execution of the WORK shall become the property of the CLIENT upon payment of ENGINEER'S fees. ENGINEER may retain copies for record purposes. CLIENT agrees to indemnify ENGINEER from all expenses, losses, and damages caused by the use of the documents for other projects without the concurrence of ENGINEER. INFORMATION PROVIDED BY CLIENT: ENGINEER shall not be liable for defects in the WORK attributable to ENGINEER'S reliance upon, or use of, data, design data, plans, specifications, Terms And Conditions For Professional Services Page 2 or other information furnished by CLIENT and CLIENT agrees to indemnify and hold harmless the ENGINEER from any and all claims and judgments, and all losses, costs and expenses arising therefrom. CONSEQUENTIAL DAMAGES: ENGINEER nor its subcontractors shall not be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, or cost of increased expense of operation. GENERAL REPRESENTATION DURING CONSTRUCTION: If required by the AGREEMENT, ENGINEER will furnish General Representation During Construction according to the scope defined for these services. ENGINEER will visit the job site with the frequency and number of trips defined in the AGREEMENT to observe the progress and the quality of work. The ENGINEER shall not have control or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, for safety precautions and programs in connection with the WORK, for acts or omissions of the Contractor, Subcontractors, or any other persons performing any of the WORK, or for the failure of any of them to carry out the WORK in accordance with the CONTRACT DOCUMENTS. BETTERMENT: If, due to Solare's error, any required item or component of the project is omitted from the Construction Documents, Solare shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. Solare's liability will be limited to the cost of providing the necessary engineering to add the item or component. DISPUTE RESOLUTION: In the event that issues arise that cannot be resolved by discussion between the two parties or through non -binding mediation, the sole remedy shall by adjudication through courts of law. Arbitration will not be utilized. CERTIFICATE OF MERIT: The CLIENT shall make no claim for professional negligence, either directly or by way of a cross complaint against the ENGINEER unless the CLIENT has first provided the ENGINEER with a written certification executed by an independent consultant currently practicing in the same discipline as the ENGINEER and licensed in the state in which the project is located. This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances; and c) state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the standard of care. This certificate shall be provided to the Terms And Conditions For Professional Services Page 3 ENGINEER not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration, mediation or judicial proceeding. This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim. ATTORNEYS' FEES: In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation. In the event of a non -adjudicate settlement of litigation between the parties or a resolution of dispute by mediation, the term "prevailing party" shall be determined by that same process. REIMBURSABLE EXPENSES: Reimbursable expenses will include: E Travel outside of Tarrant or Dallas counties. ■ Hotel, motel, airfare, meals, and transportation costs when outside Tarrant or Dallas counties. Attachment B 5OLARE ENGINEERING UNLIMITED, INC. Hourly Billing Ranges EMPLOYEE CLASSIFICATION Principal Mechanical Engineer Electrical Engineer Fire Protection Engineer Mechanical Designer Electrical Designer Plumbing Designer CADD Technician Word Processor RATE RANGE (MULTIPLIER (BILLING RANGE LOW IHIGH I ILOW HIGH $40.05 $75.00 2.5 $100.13 $187.50 $22.00 $43.00 2.5 $55.00 $107.50 $22.00 $43.00 2.5 $55.00 $107.50 $38.00 $45.00 2.5 $95.00 $112.50 $20.00 $31.00 2.5 $50.00 $77.50 $18.00 $34.00 2.5 $45.00 $85.00 $17.00 $25.00 2.5 $42.50 $62.50 $15.00 $20.00 2.5 $37.50 $50.00 $13.65 $16.00 2.5 $34.13 $40.00 Attachment C ADDITIONAL SERVICES (IF REQUESTED) 1. Design for the mechanical, electrical and plumbing renovations of the Will Rogers Coliseum Concourse 2. Design for an Emergency Responder Distributed Antenna/Repeater system (DAS) in accordance with the International Fire Code and NFPA 72. The system is provided for the purposes of amplifying Emergency Responder radio signals to achieve minimum signal strength in all areas of the building. The equipment will include repeaters, transmitters, receivers, signal boosters, cabling, fiber distributed antenna system and other components required for proper operation. 3. Energy and/or economic analysis of alternative equipment or systems other than the work required to complete the mechanical and electrical portions of applicable energy code reports. 4. If an energy model is required to comply with the performance -based energy compliance path in accordance with the International Energy Code. Scope includes energy model comparing baseline building vs proposed building energy cost in accordance with International Energy Conservation Code or other codes having jurisdiction. This includes submission of engineering report to AHJ and assistance responding to AHJ comments. 5. Modifications to existing utilities not included in the basic scope of service or outside the area of work. 5. Revisions to previously approved plans and/or specifications. This includes any changes or incorporation of "VE" items requested by the client or their representatives after sealed contract documents are issued. 7. If construction costs for the building design exceeds owner's available funds and redesign is required by Solare, then the cost for this redesign would be considered additional services. s. Development of a set of record drawings based on the contractor's mark ups. 9. Leadership in Energy and Environmental Design (LEED) modeling or design incorporating any LEED certification goals. 10. Design and/or construction phase commissioning services for MEP&FP systems. 11. Site visits beyond twelve (3) man -visits in the basic services ($400 per man -visit). C e---- BAi Since 1935 t L [; C O N S U L T A N T S I N A C O U S T I C S, S O U N D R E I N F O R C E M E N T, & A U D I O V I S U A L S Y S T E M 5 4099 McEwEH ROAO. SWT8 560 DALLAS, TEXAS 15244 voice; 214 584.6124 www.baiaustin.com May 30, 2023 Eric Hahnfeld Hahnfeld Hoffer Stanford 200 Bailey Ave Fort Worth, Texas Re: Will Rogers Memorial Center -Coliseum Masterp[an Acoustics & AV Consulting Services Dear Eric: We are pleased to present our proposal for acoustical and audiovisual consulting services for the Coliseum Masterplan at the WRMC. The scope and fee are based on the preliminary discussions with the HHS. SUMMARY: Program: o WRMC Coliseum ■ Arena Bowl ■ Concourse/Lobby ■ Restrooms • Concessions • Backstage Club SCOPE OF SERVICES: Masterplan Phase: 1. Participate in meetings with all participants in the project in order to establish acoustical criteria of the critical spaces. 2. Participate in meetings with all participants to establish the Sound Reinforcement and Audiovisual Systems program for the Coliseum. 3. Establish required floor areas for AV equipment rooms, control rooms, acoustical amenities, and locations/adjacencies of such spaces. 4. Establish maximum background noise requirements for each critical space in the building. 5. Assist the design team in determining optimum conceptual space adjacencies related to noise control between occupied spaces. CIBAi 541c 1935 I I �- INRMC Coliseum Masterplan - Proposal May 30, 2023 Page 2 6, Prepare acoustical drawing markups with emphasis placed on recommended partition types, roof/ceiling construction, structural isolation considerations, floor types, overall room shaping, and space planning for acoustical amenities (such as shaping, finishes, and adjustable acoustics) 7. Establish preliminary cost estimates on AV systems 8. Provide initial structural, electrical, and heat loads for AV systems for use by the design team. 9. At the conclusion of the Masterplan Phase, provide an acoustical, noise control, and AV systems narrative to be included in the design team's Masterplan Package. Provide cost estimates for the AV systems in the project. 10. Attend up to (3) meetings with the Owner and Design Team, PROPOSED FEES: For the services listed above, the following fee schedule is proposed: Masterplan Phase — Acoustics and AV Systems $ 8,500 Acoustics I Noise Control 1 AV — Fee Total: $ 8,500 The following allocation of fee per phase is proposed: Masterplan Phase: 1 100% � The following are items and exclusions related to this proposal: • We will invoice at agreed upon intervals, but no less than at the end of each phase listed above. • Expenses are NOT included in fee proposal. Expenses will be invoiced at cost. • Additional Services, if requested, will be compensated on an hourly basis at the following rates: Principal Consultant: $250 Technical Systems Desiqner: $200 f Staff Acoustician: $200 Technical Systems Staff: $150 Drafting: $125 • The proposal assumes that the Architect and Engineering Consultants will be responsible for the architectural coordination, electrical, mechanical, and structural engineering on the project. It is understood that the consultants at BAi are not licensed architects or engineers. • Insurance: o BAi carries customary general liability, workmen's compensation, and other similar insurance. o BAi maintains a Professional Liability policy in the amount of $2M per occurrence and $4M aggregate. Certificates of Insurance are available if requested. cii3w!>5111WO35 WRMC Coliseum Masterplan - Proposal May 30, 2023 Page 3 We appreciate the opportunity of presenting this proposal, and look forward to working with you on this exciting project. if I can provide any further information at this time, please let me know. Sincerely, BAi, LLC Consultants in Acoustics, Sound Reinforcement & Audiovisual Systems Robert Lee Acoustician — Director Accepted by Date