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HomeMy WebLinkAboutContract 43132CITY SECRETARY CONTRACT N0. �21� 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 Jacobs Engineering Group Inc., authorized to do business in Texas, (the "ENGINEER "), for a PROJECT generally described as: Fort Worth Alliance Airport Fence and Gate Replacement. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 1 of 14 OFFICIAL RECORD 04-19- 1 2 A;� 9: 44 IN CITY SECRETARY FT. WORTH, TX paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and /or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29.2011 Page 2 of 14 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 201 t Page 3 of 14 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date. 11 292011 Page 4 of 14 misrepresentation) and /or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 5 of 14 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 6 of 14 (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. 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 7 of 14 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. 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 City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date. 11 29.2011 Page 8 of 14 changes in the permitting authorities' published design criteria and /or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City- Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 9 of 14 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date. 11 29 2011 Page 10 of 14 (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 assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29 2011 Page 11 of 14 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 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 PMO Official Release Date 11.29 2011 Page 12 of 14 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 contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 29.2011 Page 13 of 14 considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective this the (I ATTEST: 'X city APPROVED AS TO FORM AND LEG ' By: D s W. Black Assistant City Attorney M &C No.: 4/�� M &C Date: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 11 292011 Page 14 of 14 `, 20 1& OF FORT WORTH >o� r �/� ---• �rq Assistant City Manager APPROVAL RECOMMENDED By: <Type Dept Director Name> Director, <Name of Dept> Jacobs Engineerin Group, Inc By: Brad Davis Operations Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX i Fort Worth Alliance Airport March 15, 2012 ATTACHMENT A BS 777 Main Street Fort Worth. Texas 76102 USA 1.817.735.6000 Fax 1.817.735.6148 AOA SECURITY FENCE AND VEHICULAR GATE REPLACEMENTS AND CCTV UPGRADES 1.0 Introduction This proposal is being submitted in response to Mr. Ash's request for a proposal on Tuesday, January 31, 2012. Mr. Ash requested a fee to provide construction documents for replacement of existing Aircraft Operations Area (AOA) security fencing, new vehicular gates with access controls and for installation of closed circuit television (CCTV) system cameras. 2.0 Scope of Work (SOW) Project scope will include evaluation of the existing AOA security fence and vehicle entrance gates at Fort Worth Alliance Airport (Airport). Scope will include four (4) areas: (1) Main Ramp, which encompasses the fence access points between the Alliance Air Services building and the Bell Customer Center, (2) Air Rescue and Fire Fighting (ARFF) Station, (3) Westport Parkway, and (4) Cargo Apron. Each location has three (3) elements of work: replacement of AOA fencing, replacement of vehicle entrance gates (including access control), and installation of CCTV system cameras at each location. Area (3) Westport Parkway also will include the removal of bushes and relocation of AOA security fencing to the top of bank of the concrete drainage ditch. 3.0 Scope of Services (SOS) Jacobs will provide experienced project management, civil, electrical, and space planning staff to support the following services: 3.1 Design 3.1.1 Upon notice to proceed, schedule and perform a site visit to measure linear footage of fence replacement, evaluate electrical service points, review as built drawings, and facilitate a design charrette for the control room layout. 3.1.2 Coordinate with fencing vendor(s) to prepare performance specification for wrought iron (8 foot height) and chain link (8 foot height) security fence. 3.1.3 Coordinate with gate vendor(s) to prepare performance specification for wrought iron access gates. 3.1.4 Coordinate with vendor(s) for material selection and other details pertaining to the control room. Fort Worth Alliance Airport Proposal for AOA Security Fence and Vehicular Gate Replacement and CCTV Upgrades February 13, 2012 Page 2 of 4 3.1.5 Prepare draft design documents that include fencing layouts (4 total), gate layouts (4 total) control room layout, structural footing details for wrought iron fencing, fencing details for eight (8) foot height wrought iron and eight (8) foot chain link fencing, phasing and security plan with temporary fencing, control room details, miscellaneous civil details, civil specifications, and electrical specifications. 3.1.6 Issue the draft design documents for review and comment by the appropriate representatives from the Airport. Hard and soft copies of these documents will be sent approximately five (5) working days prior to the Design Review Meeting. 3.1.7 Schedule and conduct a Design Review Meeting at the Airport. 3.1.8 Incorporate Design Review Meeting Comments and deliver Final Documents. 3.2 Bid Phase Services 3.2.1 Preparation of written advertisement for bid 3.2.2 Attend Bid Opening 3.2.3 Evaluate bid tabs for accuracy 3.2.4 Prepare responses to Contractor questions 3.2.5 Prepare Addendum 3.3 Construction Phase Services 3.3.1 Review of shop drawings and Contractor submittals (estimated at ten) 3.3.2 Site visits during construction (estimated at one per week for thirteen weeks) 3.3.3 Facilitate Pre - construction meeting 3.3.4 Review of Contractor's monthly pay application (estimated at three) 3.3.5 Facilitate a final walkthrough and acceptance of work at the conclusion of the project. 3.3.6 Prepare As -built drawings at the completion of the project. Fort Worth Alliance Airport Proposal for AOA Security Fence and Vehicular Gate Replacement and CCTV Upgrades February 13, 2012 Page 3 of 4 4.0 Qualifications and Assumptions (Q&A) Jacobs assumes that the following for this project's scope of services: 4.1 This proposal is based on the Dallas Security Systems Estimate along with documents provided by the Airport and subsequent site visit on January 31, 2012. 4.2 Electronic portable document format (pdfs) of the drawings and the specifications will be provided for each phase for the Airport's records. 4.3 The Airport will make all provisions for Jacobs to access to public and private property and provide escorts as required for Jacobs to perform the services under this Agreement. 4.4 Approximately, six (6) half size and one (1) full size set of drawings and six (6) specification books will be issued five (5) working days prior to the Design Review Meeting. Electronic pdfs of the drawings and the specifications will also be provided for each phase for the Airport's records. 4.5 Six (6) half size and one (1) full size set of drawings and six (6) specification books will be issued for permit/ construction. 4.6 Design Phase is estimated to be seven (7) weeks; this includes Draft Submittal review time by the Airport. 4.7 Bid phase is estimated to be four (4) weeks. 4.8 Construction duration is estimated at three (3) months. Construction Phase Services are based on this estimated time. 4.9 Construction Phase Services will include administrative support. Resident inspection and specification compliance are not included in this scope. 4.10 Total project duration is estimated to be twenty -four (24) weeks. 4.11 The Airport will designate a representative to act for the Airport with respect to the services that will be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret, and define the Airport's policies and decisions with respect to the services for this project. 4.12 The Airport will provide all criteria and information pertaining to the requirements for this project, including design objectives, constraints, available space, capacity and performance requirements, flexibility, expandability, budgetary limitations, and copies of design and construction standards, if available. Fort Worth Alliance Airport Proposal for AOA Security Fence and Vehicular Gate Replacement and CCTV Upgrades February 13, 2012 Page 4 of 4 5.0 Deliverables Jacobs will issue the following deliverables: 5.1 Draft Design Documents 5.2 Final Design Documents (Issued for Bid /Construction) 5.3 As -built Drawings 6.0 Compensation Jacobs proposes to complete the scope of services for the Design Phase for a Lump Sum amount of $28,771.04, the Bid Phase Services for a lump sum of $4,549.03, and the Construction Phase Services for a lump sum of $16,660.91. Authorization for professional services must be executed by an approved representative of the party responsible for payment. Return one executed copy to Jacobs. If verbal notification to proceed is given without first receiving a signed copy of this proposal, it will be mutually understood that both parties will be contractually bound by this work release, even in the absence of written acceptance. The price discussed in this proposal shall remain valid for a period of sixty (60) days from the date of this proposal. 7.0 Schedule Jacobs can initiate professional and technical services within five (5) working days of receiving a written authorization to proceed. Draft Design documents can be submitted approximately fifteen (15) working days after the notice to proceed. Final Design Documents can be submitted approximately ten (10) working days after approval of the Draft Design Documents. Bid Phase and Construction Phase services will commence immediately after the acceptance of the Final Construction Documents by the Airport. VVPROJECT MANAGEMENT ASSOCIATES - CNR. c- 1- FRS- C- S-- Tl--RS March 15, 2012 Jacobs Engineering Group 777 Main Street Fort Worth Texas 76102 Attn: Mr Jarrod Parker P.E Dear Mr. Parker: PROPOSAL FOR AOA SECURITY FENCE AND VEHICULAR GATE REPLACEMENTS AND CCTV UPGRADES FORT WORTH ALLIANCE AIRPORT 1.0 Introduction This proposal is being submitted in response to your request for a proposal. Outlined below is a fee proposal from Project Management Associates to provide construction documents for replacement of existing Aircraft Operations Area (AOA) security fencing and associated activities.. 2.0 Scope of Work (SOW) Project scope will include evaluation of the existing AOA security at Fort Worth Alliance Airport (Airport). Scope will include four (4) areas: (1) Main Ramp, which encompasses the fence access points between the Alliance Air Services building and the Bell Customer Center, (2) Air Rescue and Fire Fighting (ARFF) Station, (3) Westport Parkway, and (4) Cargo Apron. PMA will be providing services for replacement of AOA fencing. Area (3) Westport Parkway also will include the removal of bushes and relocation of AOA security fencing to the top of bank of the concrete drainage ditch. 3.0 Scope of Services (SOS) PMA will provide experienced civil engineering services to support the following services: 3.1 Design 3.1.1 Coordinate with fencing vendor(s) to prepare performance specification for wrought iron (8 foot height) and chain link (8 foot height) security fence. 3.1.2 Prepare draft design documents that include structural footing details for wrought iron fencing, fencing details for eight (8) foot height wrought iron and eight (8) foot chain link fencing and fencing specifications. 3.1.3 Attend a Design Review Meeting at the Airport. 3.1.4 Incorporate Design Review Meeting Comments and deliver Final Documents. 8500 N SUMMONS FREEWAY SUITE 6055 DALLAS TEXAS 75247 TELEPHONE (972)302 7635 3.2 Bid Phase Services 3.2.1 Prepare responses to Contractor questions 3.2.2 Prepare Addendum 3.3 Construction Phase Services 3.3.1 Review of shop drawings and Contractor submittals (estimated at five) 3.3.2 Site visits during construction (estimated at one per week for thirteen weeks) 3.3.3 Attend Pre - construction meeting 3.3.4 Attend a final walkthrough and acceptance of work at the conclusion of the project. 3.3.5 Prepare As -built drawings at the completion of the project. 4.0 Deliverables PMA will deliver the following deliverables: 4.1 Draft Design Documents 4.2 Final Design Documents (Issued for Bid /Construction) 4.3 As -built Drawings 5.0 Compensation PMA proposes to complete the scope of services for the Design Phase for a Lump Sum amount of $4,958.03, the Bid Phase Services for a lump sum of $432.11, and the Construction Phase Services for a lump sum of $4,064.76. Authorization for professional services must be executed by an approved representative of the party responsible for payment. Return one executed copy to PMA. If verbal notification to proceed is given without first receiving a signed copy of this proposal, it will be mutually understood that both parties will be contractually bound by this work release, even in the absence of written acceptance. The price discussed in this proposal shall remain valid for a period of sixty (60) days from the date of this proposal. Thank —you very much for the opportunity to be part of the JACOBS team. Sincerely, Edward M. Andrews P.E. President Project Management Associates 8500N. STEMMONS FREEWAY SUITE 6055 DALLAS TEXAS 75247 TELEPHONE (972) 302 -7635 N Q V N N 2 cW i W 0 a LU W a 0. d. c� N ZQU W W 5 U ,, w L C� L 9 V v CL Q O m Q y C Q O Q C IL r c �i 0 00 IL U. Q C M t0 a) O O 1-- a? Q rn v o to H Y N N N U N (n N N U_ (Q Z rn 0 vii Z L a- 0 c N U N — Sa ov W m U N Cl) d d Jacobs Engineering Group 777 Main Street Fort Worth Texas 76102 Attn: Mr. Jarrod Parker P.E Dear Mr. Parker. -- PROJECT MANAGEMENT ASSOCIATES - CML ENGINEERS AND CONSTRUCTION MANAGERS March 15, 2012 PROJECT MANAGEMENT ASSOCIATES COMMITMENT TO SERVE AS DISADVANTAGED BUSINESS ENTERPRISE PARTNER ON THE JACOBS ENGINEERING GROUP TEAM FOR AOA SECURITY FENCE AND VEHICULAR GATE REPLACEMENTS AND CCTV UPGRADES AT THE FORT WORTH ALLIANCE AIRPORT Project Management Associates (PMA) is extremely excited about the opportunity to be part of the JACOBS Team for this project at the Alliance Airport. PMA is a Disadvantaged Business Enterprise (DBE) offering comprehensive services in civil engineering and construction management. Attached to this letter is a copy of our NCTRCA DBE certificate. PMA is committed to providing the scope outlined in our previous letter for the sum of nine thousand four hundred and fifty -four dollars and ninety one cents ($9454.91). Founded in 2008, our growth has been spurred by our service to clients mainly in the aviation industry. We offer the talents of some of the most skilled minority registered professional engineers and scientists in the region, providing clients with innovative and cost effective solutions on a variety of aviation related projects. Our experience, technical expertise and dedication to integrity, excellence and quality service are our selling point to clients. A list of recent projects our personnel have been actively involved in are shown in the table below I-IMIN AI&PIWA.1 RELEVANT EXPERIENCE Project Management Associates DFW • Regaling for Terminals A and C Project DFW • Parking Control and Revenue Management • Civil Design DFW • FY 12 Pavement Rehabilitation Design • Airfield Design DFW • FY 11 Pavement Rehabilitation Design • Environmental DFW • CMT and Construction Administration • Construction Management KFTW • Perimeter Road Construction at Meacham Airport • Construction Administration KFTW • Drainage Improvements at Meacham Airport RGAAF • Runway 15 -33 Rehabilitation KFHRA • Taxiway E and Taxiway G rehabilitation ILE • Airport Improvement FY 2010 DAL • Taxiway M Extension KFWS • On call consultant City of De Soto . Heliport Construction Management Please do not hesitate to let me know if you need any more information. Sincerely, Edward M. Andrews P.E. President 8500N. STEMMONS FREEWAY SUITE 6055 DALLAS TEXAS 75247 TELEPHONE (972) 302 -7635 a. of rn m ly 0 n H i7 = � a n ..j O z z 0 Z W O O(D m W o N 0 N w A 0 3 S W A `S fD x 'C 0 0 Z 0 rn Q CD N Li y _• A � v � n f, � y a � a r 0 � a o =' a H cr S E CD •� n OQ o =� = 3 _ •y ° Z o CL 3 a- 3 a rn m ° = o C C Q' H M A y CL � a y _ A � � � a c a a v a� s � � o v � � o tea= V ft 7Q m c� co Cp CD W :Q W c S m a S a u� .'i O4 oy CL W< n y ya •f fQ D o� A �n �Q N `S y fD H K N CL H S A a l Z 0 n ro �xo o' b 4 P* 91t� NO. 0 C gram (D r..r. n roll. c CL N3 iw � C N � y� a (D CL ~ • c rf m ` N n o (�D � CD CD N V M uu n 4 P* 91t� NO. 0 C gram J/�CO BS* ATTACHMENT B Jacobs Fee Proposal Fort Worth Alliance Airport AOA Fencing / AOA Gates / CCTV Tab Task Task Amount 1 Engineering Design Phase Services $ 23,813.01 2 Bid Phase Services $ 4,116.92 3 Construction Phase Services $ 12,596.15 Total Fee $ 40,526.08 15- Mar -12 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES FORT WORTH ALLIANCE AIRPORT FENCE AND GATE REPLACEMENT I. AMENDMENTS A. Article IV, Paragraph G: The ENGINEER shall not be responsible for recommending construction progress payments. B. Article IV, Paragraph H: No changes. C. Article IV, Paragraph 1: The CITY has established a disadvantaged business enterprise (DBE) goal of 17% for this contract. D. Article IV, Paragraph K (1) (a): Delete: "If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT of location." E. Article IV, Paragraph K (1) (a) (ii): Delete: "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." F. Article IV, Paragraph K (1) (b) (1): Delete: "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." G. Article IV, Paragraph K (1) (c) (i): Delete: "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." H. Article IV, Paragraph K (2) (b): The CITY will not be named as "additional insured" on the ENGINEER'S professional liability and worker's compensation policies. All policies except for ENGINEER's professional liability policy shall contain a waiver of subrogation in favor of the CITY. Article IV, Paragraph K (2) (i): Shall be revised to read as follows: "The CITY shall be entitled, upon its request and without incurring expense, to promptly receive verification that ENGINEER's insurance policies, including endorsements thereto, are active and in force as noted on certificates insurance provided to the CITY and, at the CITY'S discretion the ENGINEER may be required to provide proof on insurance premium payments." J. Article IV, Paragraph O: In addition to the paragraph referenced, the following shall be added: "Permits not expressly scoped in Attachment A, Scope of Services, shall not be the responsibility of the ENGINEER." K. Article VI, Paragraph B: In addition to the paragraph referenced, the following shall be added: The ENGINEER shall not be liable for any use of such design documents on any other project. II. SPECIAL PROVISIONS A. Changes of Work: The ENGINEER shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and without additional cost to the CITY. If the CITY finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the ENGINEER shall make such revisions if requested and as directed by the CITY. This will be considered as additional work and paid for as specified under Additional Work. B. Additional Work: Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the CITY before it is undertaken by the ENGINEER. If the ENGINEER is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY in writing. In the event the CITY finds that such work does constitute extra work, then the CITY shall so advise the ENGINEER, in writing, and shall provide extra compensation to the ENGINEER for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the ENGINEER. C. Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential, exemplary, punitive or special damages or loss of income, profit or savings of any party, including third parties, arising directly or indirectly from the parties' relationship under this Agreement or applicable law. D. Limit Use to Hard Copies: As a component of the Services provided under this Agreement, Engineer may deliver electronic copies of certain documents or data (the "Electronic Files ") in addition to printed copies (the "Hard Copies ") for the convenience of the Owner. Owner and its consultants, contractors and subcontractors may only rely on the Hard Copies furnished by Engineer to Owner. If there is any discrepancy between any Electronic File and the corresponding Hard Copy, the Hard Copy controls. E. Acceptance Procedure: Owner acknowledges that Electronic Files can be altered or modified without Engineer's authorization, can become corrupted and that errors can occur in the transmission of such Electronic Files. Owner agrees that it will institute procedures to preserve the integrity of the Electronic Files received from Engineer until acceptance. Owner further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period Owner shall be deemed to have accepted the Electronic Files as received. Engineer will undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30- day acceptance period. Engineer shall not be responsible to maintain the Electronic Files after acceptance by Owner. F. Warranty of Compatibility: Engineer does warrant or represent that the Electronic Files will be compatible with or useable or readable by systems used by Owner or its consultants, contractors and subcontractors. Engineer is not responsible for any problems in the interaction of the Electronic Files with other software used by Owner or its consultants, contractors and subcontractors. a� v U U rd J--� AFW Security Fence /Gate JACOBS Replacement U J