HomeMy WebLinkAboutContract 55062 CSC No. 55062
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Garver LLC., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Additional Design and other
engineering services for Stage II of the Midfield Redevelopment at Fort Worth
Meacham International Airport.
The Agreement documents shall include the following:
1. 1 This Standard Agreement for Professional Services;
2. Attachment "A"—Scope of Services;
3. Attachment "B"— Compensation Schedule and Level of Effort Spreadsheet;
4. Attachment "C"— Project Schedule;
5. Attachment "D"—Verification of Signature and Authority Form.
Attachments "A", "B", "C", and "D" which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. In the event of any conflict between the
terms and conditions of the Attachments and the terms and conditions set forth in the body
of this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$72,711.00 as set forth in Attachment A.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below,
and shall continue until the expiration of the funds or completion of the
subject matter contemplated herein, whichever occurs first.
OFFICIAL RECORD
Standard Agreement for Additional Engineering and Design Services CITY SECRETARY
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC FT. WORTH, TX
Page 1 of 19
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 and
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 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
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.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 2 of 19
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
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.
(3) ENGINEER will not be responsible for damage to underground utilities
if ENGINEER followed all preventative measures before any
geotechnical, potholing, construction, or allowing other subconsultants
working under a subcontract to this Agreement access to do the
same. Preventative measures shall include, but is not limited to,
having requested and waited for all utility companies to properly mark
their respective utilities before conducting any work as described in
this section.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 3 of 19
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, subject to Section VI.B, when delivered
to the CITY pursuant to this AGREEMENT, 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
this 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.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 4 of 19
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 5 of 19
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the CITY has goals for the participation of minority
business enterprises and/or small business enterprises in CITY contracts.
ENGINEER acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the ENGINEER may
result in the termination of this Agreement and debarment from participating
in CITY contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this Section. The CITY shall give
ENGINEER reasonable advance written notice of intended audits.
Notwithstanding anything in this AGREEMENT, the CITY's audit rights are
limited to cost reimbursable and time and material services.
(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 Section
together with subsection (3) hereof. CITY shall give subcontractor
reasonable written advance notice of intended audits.
(3) ENGINEER and subcontractor agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 6 of 19
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 additional insured with all rights
of defense 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 or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, bodily injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically 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.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 7 of 19
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of $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 — ENGINEER shall maintain professional liability, a
claims-made policy, 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 attached to this AGREEMENT prior to its
execution.
b. To the extent of ENGINEER's indemnity obligations, applicable policies
shall be endorsed to name the CITY an Additional Insured thereon,
subject to any defense provided by the policy, 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 attach the required insurance
documentation hereto 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 by ENGINEER. A ten (10) days
notice by ENGINEER shall be acceptable in the event of non-payment of
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 8 of 19
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-(minus) 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.
i. The CITY hereby accepts ENGINEER's self-insured retention in
excess of$25,000 as part of this AGREEMENT.
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. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage commensurate with the subconsultant's
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 9 of 19
scope of work as required by 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.
The doctrine of respondeat superior shall not apply.
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, as a part of existing authorized fees between the
CITY and ENGINEER, meaning the ENGINEER will not invoice or submit
for payment to City for these types of design changes.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 or otherwise were not in affect at the
time of execution of this AGREEMENT, the ENGINEER shall notify the CITY
of such changes and an adjustment in compensation will be made through
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 10 of 19
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
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.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 11 of 19
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 for 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
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 12 of 19
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 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 may secure Builders Risk/Installation insurance 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
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 13 of 19
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER (see "Deliverables" in Attachment A), 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 that are delivered to the CITY in accordance
with the requirements of this AGREEMENT; provided however, any and all
underlying intellectual property, if any (unless provided by CITY), shall
remain the property of ENGINEER such that ENGINEER may continue to
perform its business in the normal course. Upon payment in full,
ENGINEER shall grant CITY an irrevocable, non-exclusive, royalty-free
license to use the same for the purposes contemplated under this
AGREEMENT.
C. Force Majeure
CITY and ENGINEER will exercise good faith efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held
liable for any delay or omission in performance due to force majeure or other
causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance, or regulation; acts of God;
acts of the public enemy; fires; strikes; lockouts; natural disasters; wars;
riots; epidemics or pandemics; government action or inaction; orders of
government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board,
department, commission, or agency of the United States or of any States;
civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable
control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended
during the period of, and only to the extent of, such prevention or hindrance,
provided the affected Party provides notice of the Force Majeure Event, and
an explanation as to how it prevents or hinders the Party's performance, as
soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City
in its sole discretion. The notice required by this section must be addressed
and delivered in accordance with this Agreement.
D. Termination
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 14 of 19
(1) This AGREEMENT may be terminated
a.) by the CITY for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within ten (10) days' written notice or thereafter fails
to diligently complete the correction.
(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, including those incurred 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 or hold harmless the CITY against third
party liability for any damage committed by the ENGINEER or
ENGINEER's agent, consultant under contract, or another entity over
which the ENGINEER exercises control to the extent that the damage
is caused by or resulting from an act of negligence or intentional tort
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 15 of 19
resulting in bodily injury (including death) or tangible property
damage, intellectual property infringement (except to the extent
information and/or technology was provided by the CITY), or failure to
pay a subcontractor or supplier (provided ENGINEER has received
payment for services from CITY) in conjunction with performance of
this AGREEMENT. CITY is entitled to recover its reasonable attorney's
fees in proportion to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. 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.
I. 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.
J. 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 claims
or liability arising out of the violation of any such applicable order, law,
ordinance, or regulation, whether it be due to action under this
AGREEMENT by itself or its employees.
K. Immigration Nationality Act
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 16 of 19
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES INCURRED BY THIRD PARTY GOVERNMENTAL
AUTHORITIES DUE TO VIOLATIONS OF APPLICABLE LAW
DESCRIBED UNDER THIS PARAGRAPH AND COMMITTED BY
ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER,
shall have the right to immediately terminate this AGREEMENT for
violations of this provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
If ENGINEER has fewer than 10 employees or the AGREEMENT is for
less than $100,000, this section does not apply. ENGINEER
acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott
Israel" and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, Engineer certifies that Engineer's signature provides
written verification to CITY that ENGINEER: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the AGREEMENT.
M. Waiver of Special and Punitive Damages NOTWITHSTANDING
ANYTHING IN THE AGREEMENT TO THE CONTRARY, NEITHER
PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES,
AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR
ANY SPECIAL (CONSEQUENTIAL OR INDIRECT) AND
PUNITIVEDAMAGES OF ANY KIND REGARDLESS OF THE CAUSE OR
ACTION.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 17 of 19
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
Duly executed by each party's designated representative to be effective on the date
subscribed by the CITY'S designated Assistant City Manager.
(Signature page to follow)
Standard Agreement for Additional Engineering and Design Services
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC
Page 18 of 19
BY: BY:
CITY OF FORT WORTH GARVER, LLC
�CZ--
Fernando Costa(Dec 18,202017:26 CST)
Fernando Costa Frank Mclllwain
Assistant City Manager Vice President
Date: Dec 18,2020 Date: December 18, 2020
APPROVAL RECOMMENDED:
By: --
Roger Venables
Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
to
Tyler Dale(Dec 18,202013:58 CST)
Tyler Dale
Airport Project Coordinator
APPROVED AS TO FORM AND LEGALITY
Thomas Royce Hansen
Assistant City Attorney
ATTEST: aa�4Foff?. Form 1295 No. N/A
oFoa00000000 a
o00
0
Mary J. Kayser p��,�00
o000 000 � M&C No.: N/A
City Secretary aaa�000 p5gaa
M&C Date: N/A
OFFICIAL RECORD
Standard Agreement for Additional Engineering and Design Services CITY SECRETARY
For Stage II of the Midfield Redevelopment Project
Between City of Fort Worth and Garver,LLC FT. WORTH, TX
Page 19 of 19
ATTACHMENT A
Scope for Engineering Services for Aviation Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
Project Management, Design, Permitting, and Bidding related to the redesign of access
roads and utility corridors for the Midfield Redevelopment Project at Fort Worth Meacham
International Airport.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Design
Task 3. Permitting
Task 4. Bid Phase Services
TASK 1. PROJECT MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Conduct and document as-needed project update meetings with Airport Project
Manager
• Conduct review meetings with the CITY at the end of each design phase
• Conduct and document weekly design team meetings
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 6
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
• ENGINEER will prepare construction plans as follows:
• Final draft construction plans (90%) and specifications shall be submitted to CITY per
the approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 2 of 6
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
• Two 2 sets of Half size drawings and Two 2 specifications will be delivered for the
100% Design package.
• A DWF file for the 100 % Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
TASK 3. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
3.1. Storm Water(iSWM)Approval
• Coordination with the Storm water department.
• Updates to already approved iSWM submittal based on changes to design.
• Coordinate with the Fire Department for design approval.
• TxDOT Permitting
• Coordination and Approval from Water department.
• Responding to agency comments and requests
ASSUMPTIONS
• Permit preparation will begin after approval of the Conceptual Design.
• Two (2) meetings are assumed with agency for the permit.
TASK 4. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
4.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .xls file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 3 of 6
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders list on
Buzzsaw from documents sold and from Contractor's uploaded Plan Holder
Registrations in Buzzsaw.
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Buzzsaw folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results folder on Buzzsaw.
• Incorporate all addenda into the contract documents and issue conformed sets.
4.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher)file and DWF format. There shall be one (1) PDF file
and one (1) DWF file (created from CAD application of drawing) for the TPW
plan set and a separate PDF and DWF file for the Water plan set. Each PDF and
DWF file shall be created from the original CAD drawing filess and shall contain
all associated sheets of the particular plan set. Singular PDF and DWF files for
each sheet of a plan set will not be accepted. PDF and DWF files shall
conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 4 of 6
Example: W-0053—org3.pdf and K-0320—org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
• In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name—"W-1956_SHT01.dwg", "W-
1956—SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and DWF
files, but shall include the sheet number in the name — "X-
12155_SHT01.dwg", "X-12755_SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Full-size sets of construction documents will be sold to and made available on
Buzzsaw for plan holders and/or given to plan viewing rooms.
• Half-size sets of construction documents will be printed and made available for
purchase by planholders and/or given to plan viewing rooms.
• Three 3 sets of Half-size plans and specifications (conformed, if applicable) will
be delivered to the CITY.
• PDF, DWF and DWG files will be uploaded to Buzzsaw.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 5 of 6
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Any public meetings other than coordination with airport tenants.
• Construction Inspection
• Construction Administration
• Construction Materials Testing
• Construction Closeout
• Geotechnical investigation
• Construction surveying services.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 6 of 6
ATTACHMENT B
COMPENSATION
Engineering Services for
Midfield Redevelopment Improvements -Access Road and Utility Corridor
City Project No. 101644
11/17/2020
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $72,711.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Aviation Department monthly progress reports and schedules in the format
required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 2
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
ORIGINAL CONTRACT
Prime Consultant
Garver Engineering & Design $72,711 100.0%
Proposed M/WBE Sub-Consultants
Non-M/WBE Consultants
TOTALI $72,711 100%
itedevelopment
Number& Name Total Fee M/WBE Fee M/WBE %
Design $72,711 1 $0 0%
City MBE/SBE Goal =_% Consultant Committed Goal = _%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 2
B-2
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ATTACHMENT D
VERIFICATION OF SIGNATURE AUTHORITY FORM
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Vendor. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into
any agreement or amendment with Vendor. Vendor will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely
on any current executed Form until it receives a revised Form that has been properly
executed by Vendor.
Name: Frank Mclllwain, P.E.
Position: Vice Pres' nt
Signature
Name:
Position:
Signature
Name:
Signature of Vice President
Other Title:
Date:
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 19 of 19