HomeMy WebLinkAboutContract 46189 CITY SECRETAW
CONTRACT NO.,'
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. (BHB, Inc.), authorized to do
business in Texas (the "ENGINEER"), for a PROJECT generally described as: Evaluate
the existing HVAC in the Fort Worth Nature Center and design new ductwork as required
in Fort Worth.
Article I
Scope of Services
A. Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER'S compensation (not-to-exceed $2,450.00) set forth in
Attachment A.
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
OFFICIAL RECORD invoice.
CITY SECRETARY
FT.WORTH,AR (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
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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 B.
A. General
The ENGINEER will serve as the CITY'S professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER'S services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be fumished 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
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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 original drawings of all plans in
ink on reproducible Mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the 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.
(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
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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
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
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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.
I. Small Business Enterprise (SBE) Participation
This paragraph is not applicable for this Agreement.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5)
years after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subcontractor
agreements hereunder a provision to the effect that the subcontractor
agrees that the CITY shall, until the expiration of five (5) years after final
payment under the subcontract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records
of such subcontractor, involving transactions to the subcontract, and further,
that the CITY shall have access during normal working hours to all
subcontractor facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall give subcontractor
reasonable advance nofice of intended audits.
(3) ENGINEER and subcontractor agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to
reimburse ENGINEER for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
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
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PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto - the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation - ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
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.
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d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER'S insurance policies. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to . alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
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financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER'S insurance policies including
endorsements thereto and, at the CITY'S discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Subcontractors to/of the ENGINEER shall be required by the ENGINEER
to maintain the same or reasonably equivalent insurance coverage as
required for the ENGINEER. When sub subcontractors maintain
insurance coverage, ENGINEER shall provide CITY with documentation
thereof on a certificate of insurance.
L. Independent Engineer
The ENGINEER agrees to perform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY.
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
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the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment A to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment B.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER'S performance of its services. The CITY will perform, at no
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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
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
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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.
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
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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 B.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
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
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commence correction of such nonperformance with in 5 days of written
notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files
and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to proceeding with termination services, the ENGINEER
will submit to the CITY an itemized statement of all termination expenses.
The CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT'S schedule,
commitment and cost of the ENGINEER'S personnel and subcontractors,
and ENGINEER'S compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
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
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Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
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Attachment A- Scope of Services, Compensation, and Schedule
Attachment B -Amendments to Standard Agreement for Engineering Services
Executed and effective this theA#Jay of , 201
ATTEST: Quo®� TY OF FORT WORTH:
By:_ M/w
Mary J. r o , y Fernando Costa
City Secretary 40 %ftO000 Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED:
By: By: D'�' ('j,
Grant Jo an apd Dougds W. Wiersig, PE
Assistant City Attorney Director, Transportation a
Public Works Department
M&C No.: M&C is not required ENGINEER:
M&C Date: N/A
By:
en Randall, Principal
N RECORD RETARY TN, TX
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ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached Baird, Hampton & Brown, Inc. (BHB, Inc.) letter dated
September 23, 2014, (Revised November 18, 2014), subject: Fort Worth Nature Center—
Office HVAC Addition, MEP, BHB Project No. 2014.054.001. If any conflict arises
between the Attachments/Exhibits and the Agreement, the terms of the Agreement shall
control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
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BAIRD, HAMPTON & BROWN, INC. � � � ENGINEERING & SURVEYING
September 23, 2014
Revised November 18, 2014
Mr. Ronald Clements
City of Fort Worth T/PW
Architectural Services
401 West 13th St.
Fort Worth, TX 76102
RE: Fort Worth Nature Center—Office HVAC Addition
MEP
BHB PROJECT No. 2014.054.001
Dear Ronnie:
We appreciate the opportunity to offer our proposal to provide the mechanical and electrical design for
the referenced project as we discussed on September 22, 2014. The project consists of providing the
design for the HVAC and associated power requirements in an office of the existing Fort Worth Nature
facility of approximately 140 square feet in Fort Worth,Texas.
Based on our preliminary site observations and through conversations with you; it is our understanding
that there are three existing, split-system fan and coils units providing heating and cooling for the
facility, but this office experiences uncomfortable conditions during much of the summer. The office in
question serves as a return air plenum and is conditioned by return air from the adjacent display area
which is served by one of the existing fan and coil units.
We anticipate our design effort will include the following tasks:
1. Analysis of the system serving the office and adjacent space to determine the size of any
additional HVAC equipment (if necessary).
2. Design and specification of additional HVAC equipment or reconfiguration of the existing HVAC
equipment to properly serve the office.
Our fee proposal makes the following assumptions:
• We understand that the entire project will be designed at one time; no phasing of design has
been included.
• Lighting design will be done by others in areas that are not standard offices, corridors,
restrooms, storage rooms and the like.
• We understand that this project will not be LEED certified.
• Our scope does not include sound system design, audio/visual system design, security system
wiring,telephone system wiring design, nor data system wiring design. Rough-in conduits will
be designed as defined by the Owner.
• Our scope will include energy calculations and certification for the mechanical and electrical
systems, but will not include the building envelope.
• Included as part of our base proposal is one coordination meeting per discipline during the
design of the project. We have not included regularly scheduled design review meetings with
the Owner and/or Design Team as a part of our base fee.
• We cannot be responsible for equipment delivery that affects construction schedules.
6300 Ridglea Place,Ste.700,Fort Worth,Texas 76116 I Tel:817-338-1277 1 Fax:817-338-9245
TBPE Firm#44 1 TBPLS Firm#10011300 1 www.bhbinc.com
• Our fee proposal is based upon producing the Contract Documents using AutoCAD. This
proposal does not include producing CADD drawings in REVIT(BIM) or any Microstation format.
• It is our understanding that our MEP engineering design will include providing new services
within the renovated area only. Any re-design or upgrade of existing building mechanical or
electrical utility distribution systems, including negotiation of relocation of existing utilities with
utility company, is not included. If required, any upgrade of existing distributions systems
located outside renovation or expansion area will be considered to be Additional Services as
outlined below.
• This proposal assumes that services during construction will be limited to review of shop
drawing submittals, review and responses to Contractor's requests for information (RFIs) and
one (1)site visit during construction.
We propose to provide the mechanical and electrical engineering design for the referenced project in
sufficient detail to receive construction bids from subcontractors and in sufficient detail to install the
systems in accordance with applicable codes. Deliverables will include original drawings (CADD Plots)
and specifications to be included on original drawings. Deliverables will not include any cost estimates.
Drawings will be sealed by a Licensed Professional Engineer.
The design will be in accordance with criteria and guidance received from the Owner via communication
from you. Criteria will also include the following:
1. One copy of Owner-approved floor plans in AutoCAD format.
2. Utility rough-in and connection requirements and locations of all equipment furnished under
other divisions of the specifications or equipment furnished by another contract.
In consideration for the scope described above we propose a stipulated sum of Two Thousand, Four
Hundred-Fifty Dollars and No Cents ($2,450.00). Invoices will be forwarded to your office based upon
the percentage of design completed during each billing period and will be due upon receipt of each
invoice. Stipulated sum includes cost of long distance telephone calls, telephone faxes and mailing
costs. Stipulated sum does not include reproduction expenses, other than single copy originals for final
drawings. Travel expenses, plotting and reproduction expenses, other than those identified above will
not be incurred without your prior approval, at which point these expenses will be reimbursed at cost,
payable under the same conditions as the stipulated sum.
COMPENSATION
Compensation to BHB for the basic services shall be as described above. If BHB sees the Scope of
Services Changing so that additional services are needed, BHB will notify the client for approval before
proceeding. Additional Services shall be computed based on the BHB hourly rate schedule as shown
below:
ENGINEERING:
Principal.........................................$ 195.00 hr.
Project Manager............................$ 150.00 hr.
Senior Engineer.............................$ 135.00 hr.
Engineer—PE.................................$ 100.00 hr.
Engineer—EIT................................$ 85.00 hr.
Senior Designer.............................$ 95.00 hr.
Designer.........................................$ 85.00 hr.
CADD/Drafter................................$ 65.00 hr.
Clerical...........................................$ 50.00 hr.
If you agree with the terms of this proposal, please indicate your approval by signing below and
returning to our office.
We will consider receipt of this signed agreement as our notice to proceed. Thank you for the
opportunity to work with you on this project.
Sincerely,
BAIRD, HAMPTON & BROWN, INC.
Ken Randall, PE, LEED AP
Principal, Electrical Engineer
APPROVED FOR THE CITY OF FORT WORTH BY:
Signature
Date