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HomeMy WebLinkAboutContract 50072 CITY SECRETARY CONTRACT NO. 2 2p11 CITY OF FORT WORTH, TEXAS SEC C1T��F FOa c�T{ STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Garver, LLC, authorized to do business in Texas, (the"ENGINEER"), for a PROJECT generally described as: Meacham Administration Building Additional Parking Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation ENGINEER's compensation shall be in the amount of$163,920.00 as set forth in Attachment B. Article III Terms of Payment Payments to ENGINEER will be made as follows: Invoice and Payment (1) 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) ENGINEER will issue monthly invoices for all work performed under this AGREEMENT, Invoices are due and payable within thirty(30) days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within thirty(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. 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 CITY fails to make payment in full to ENGINEER for billings contested in good faith within sixty (60) days of the amount due, ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. OFFICIAL RECORD CITY SECRINTARY F'r;WORTH,TX City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 1 of 13 Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General ENGINEER will serve as CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care 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) ENGINEER shall advise 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. ENGINEER shall also advise CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by 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 ENGINEER. D. Preparation of Engineering Drawings ENGINEER will provide to 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 CITY, CITY may use such drawings in any manner it desires; provided, however, that 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 ENGINEER'S personnel at a construction site, whether as on-site representatives or otherwise, do not make ENGINEER or its personnel in any way responsible for those duties that belong to CITY and/or CITY's construction City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 2 of 13 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. 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, 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 ENGINEER makes on-site observation(s)of a deviation from the Contract Documents, ENGINEER shall inform CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment are reasonably required to perform the services set forth in the Scope of Services, 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) 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, 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, ENGINEER makes no warranty that CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by ENGINEER to CITY for periodic construction progress payments to the construction contractor will be based on 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 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 ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 3 of 13 the moneys paid; that title to any of the work, materials, or equipment has passed to CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between 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. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. I. Minority Business Enterprise (MBE) and Small Business Enterprise (SBE) Participation In accord With the City of Fort Worth Business Diversity 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 not less than three(3)years. J. Right to Audit (1) ENGINEER agrees that 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 ENGINEER involving transactions relating to this contract. ENGINEER agrees that CITY shall have access during normal working hours to all necessary facilities of the ENGINEER and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its sub consultant agreements hereunder a provision to the effect that the sub consultant agrees that 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 sub consultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all sub consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance With the provisions of this article together with subsection (3) hereof. CITY shall give sub consultant reasonable advance notice of intended audits. (3) ENGINEER and sub consultant agree to photocopy such documents as may be requested by CITY. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 4 of 13 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence with a $2,000,000 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. CITY shall be included as an 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 CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against 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— 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 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 each accident for bodily injury by accident or $100,000 each employee for bodily injury by disease, with $500,000 policy limit. ENGINEER waives all rights against 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, with a minimum of $1,000,000 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 five(5)years following the completion of the contract. An annual certificate City of Fort worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 5 of 13 of insurance specifically referencing this project shall be submitted to CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name 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 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 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, 200 Texas Street, 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 that would change or alter the requirements herein is subject to approval by CITY in Writing, if coverage is not provided on a first-dollar basis. CITY, at its 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 CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of CITY as respects the PROJECT. i. CITY shall be entitled, upon its request and without incurring expense, to review ENGINEER'S insurance policies including endorsements thereto and, at CITY's discretion; 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. CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 6 of 13 m. Sub consultants and subcontractors to/of ENGINEER shall be required by ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for ENGINEER. When sub consultantstsubcontractors maintain insurance coverage, ENGINEER shall provide CITY With documentation thereof on a certificate of insurance. L. Independent Consultant ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of CITY. The doctrine of respondeat superior shall not apply. M. Disclosure ENGINEER acknowledges to 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. 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, 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, CITY may request 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 to comply with published design criteria and/or current engineering practice standards, which ENGINEER should have been aware of at the time this Agreement was executed, ENGINEER, shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which ENGINEER could not have been reasonably aware of, ENGINEER shall notify 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 7 of 13 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 CITY. B. Access to Facilities and Property CITY will make its facilities accessible to ENGINEER as required for ENGINEER's performance of its services. CITY will perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of CITY's facilities as may be required in connection with ENGINEER's services. CITY will be responsible for all acts of CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, 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 ENGINEER's services or PROJECT construction. D. Timely Review CITY will examine 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 CITY deems appropriate; and render in writing decisions required by CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice CITY will give prompt written notice to ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of ENGINEER's services or of any defect in the worts of 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 CITY agrees to include in all construction contracts the provisions of Article IV.E. Engineers' Personnel at Construction Site, and provisions providing for contractor indemnification of CITY and ENGINEER for contractor's negligence. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 8 of 13 H. Contractor Claims and Third-Party Beneficiaries (1) 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 ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only CITY will be the beneficiary of any undertaking by ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than CITY and ENGINEER and there are no third-party beneficiaries. (3) 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 CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT (2) CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) 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 ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY In the event CITY requests such services of ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 9 of 13 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by CITY or by others acting through or on behalf of CITY of any such instruments of service Without the written permission of ENGINEER will be at CITY's sole risk. CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure 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 ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a. For convenience only by the City on thirty(30)days written notice. b. By either CITY or 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 five (5)days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, 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 ENGINEER'S personnel to document the work underway at the time of CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, ENGINEER Will submit to CITY an itemized statement of all termination expenses. CITY's approval will be obtained in writing prior to proceeding With termination services. E. Suspension, Delay, or Interruption to Work CITY may suspend, delay, or interrupt the services of ENGINEER for the convenience of CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. INDEMNIFICATION IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY ENGINEER OR ENGINEER'S AGENT, City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 10 of 13 CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH ENGINEER EXERCISES CONTROL, OTHER THAN LIABILITY FOR DAMAGE TO THE EXTENT CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO 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. 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 CITY and ENGINEER, and their officers, employees, agents, and subcontractors. 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F. Asbestos or Hazardous Substances Release, VI.B. Reuse of Project Documents, VI.D. Termination; VI.F. Indemnification; VI.H. Interpretation; and VI.I. Jurisdiction, shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. L. No Boycott of Israel 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 contract, ENGINEER certifies that ENGINEER's signature provides written verification to CITY that City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 11 of 13 ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this AGREEMENT. M. Immigration Nationality Act The City of Fort Worth actively supports the Immigration & Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article VII Attachments, Schedules, and Counterparts 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 deemed an original, but all such counterparts shall together constitute but one and the same instrument. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 12 of 13 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH ENGINEER Garver, LLC By: By.- Fernando Costa Fra k O. Mclllwain Assistant City Manager Senior Project Manager APPROVAL RECOMMENDED: y Bill Welstead Director, Aviation Department APPROVED AS TO FORM AND LEGALITY M&C No.: 9� M&C Date: 12-I �1 l 7 By: hn B. Stron ) Assistant City Attorney ORT ATTEST: MaJ K 6erl PcJ City Skfie ary Contract Manager By signing, I acknowiedge that I am the person responsible for the monitoring and administration of this contract including ensuring all performance and reporting requirements. �96Fa�ISx�SC1tOFJ4Cfy lAJ r,i I1'` S ' Aviation Department OFFICIAL.RECORD CITY SECRETARY City of Fort Worth,Texas WORM TX Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 13 of 13 ATTACHMENT A ATTACHMENT A SCOPE OF SERVICES Design, Engineering, and Construction Phase Services for Meacham Airport Improvements The scope set forth herein defines the work to be performed by ENGINEER in completing the Project. Both CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The Project is for surveying, design, engineering, permitting, bidding, and construction phase services related to the construction of additional parking for the Administration Building at Fort Worth Meacham International Airport. WORK TO BE PERFORMED Task 1. Project Management Task 2. Survey Services Task 3. Design Task 4. Permitting Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. Construction Inspection Services Task 8. Materials Testing Services Task 9. Close Out Services TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and the 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. City of Fort worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 1 of 11 ATTACHMENT A 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 monthly project meetings with the City Project Manager. • Conduct review meetings with CITY at the end of each design phase. • Conduct and document, at a minimum, biweekly design team meetings. • Prepare invoices, in accordance with Attachment B to this Standards Agreement and submit monthly in the format requested by the CITY. • 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 the 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 the requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the Project location, ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS 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/SBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date: 1/28/2013 Page 2 of 11 ATTACHMENT A TASK 2. SURVEY SERVICES. ENGINEER will provide survey support as follows. 2.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; - Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) a. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. b. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - No less than two horizontal bench marks, per line or location. - Bearings given on all proposed centerlines, or baselines. - Station equations relating utilities to paving, when appropriate. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 3 of 11 ATTACHMENT A ASSUMPTIONS DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 3. DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) including iSWM Construction Plan and specifications shall be submitted to CITY per the approved Project Schedule. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • Following a 90% construction plan review meeting with CITY, ENGINEER shall submit Final Plans (100%) to CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by ENGINEER registered in State of Texas. • 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 • All storm water calculations and design shall conform to the current City of Fort Worth Storm Water Management Design Manual [CoFW Stormwater Design Manual]. • Two (2) sets of half size drawings and two (2) specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 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. DELIVERABLES A. Final iSWM Checklist. B. 100%construction plans and specifications. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 4 of 11 ATTACHMENT A C. Detailed estimates of probable construction costs including summaries of bid items and quantities using CITY standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 4. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain all agreements and/or permits normally required for a project of this size and type, as follows. Storm Water (iSWM)Approval • Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • 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. DELIVERABLES • TDLR forms • Construction documents to TDLR TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the Project as follows: 5.1, Bid Support • ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. - Contract documents shall be uploaded in an .xIs 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 5 of 11 ATTACHMENT A and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM files. The .pdf will consist of one file of the entire plan set. The Awf 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. • 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. • 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. 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. ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the pre-bid conference in support of the CITY. • Assist 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, ENGINEER will advise 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. 5.2 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 files and shall containall associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accented. PDF and DWF files shall conform to naming conventions as follows: City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 6 of 11 ATTACHMENT A 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. 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 inthis file. Example: X-12755_orgl8.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, 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. TPWfiles shall usethe W numberasfor PDFand DWFfiles,butshall include the sheet number inthe 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 (1)contractor. • PDF, DWF, and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the Project as follows. 6.1 Construction Support • ENGINEER shall attend the preconstruction conference. City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 7 of 11 ATTACHMENT A • ENGINEER shall visit the Project site at requested intervals as construction proceeds to observe and report on progress. • ENGINEER shall review shop drawings, samples and other submittals from the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. ENGINEER shall log and track all shop drawings, samples, and other submittals. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • ENGINEER shall attend the "Final' Project walk through and assist with preparation of final punch list. 6.2 Record Drawings 6.2.1 ENGINEER shall prepare record drawings from information submitted by CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: - As-Built Survey - Red-Line Markups from the Contractor - Red-line Markups from City Inspector - Copies of Approved Change Orders - Approved Substitutions • ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record drawings of the Project as constructed. The stamp shall be signed and dated by ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes that apply to that sheet by clouding and numbering or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes were accurately depicted on these drawings. • ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. ENGINEER may keep copies of the information provided by CITY for their files, but all original red-lined drawings shall be returned to CITY with the Mylars. • Record Drawings shall also 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 8 of 11 ATTACHMENT A one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file 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_org47PDF" 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. Example: W-0053_org3PDF and K-0320_org5PDF II. Water and Sewer file name example - "X-35667_org36PDF" 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_org18PDF Both PDF and DWF files shall be uploaded to the Project's Record Drawing folder in Buzzsaw. Compact discs, floppy disks, zip disks, and e-mail flash media will not be accepted. 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. 6.3 Construction Survey 6.3.1 The construction survey will be performed by the Contractor. 6.3.2 Be available to CITY on matters concerning the layout of the Project during its construction. ASSUMPTIONS • Four (4) site visits • Twenty (20) submittal review • Two (2) RFIs • Two (2) Change Orders • One (1)copy of full size (22"x 34") mylars will be delivered to the CITY DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of Shop Drawings City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 9 of 11 ATTACHMENT A D. Final Punch List items E. Record Drawings TASK 7. CONSTRUCTION INSPECTION SERVICES. ENGINEER will support the construction phase of the project with Construction Inspections, as follows: • The ENGINEER's Resident Project Representative (RPR) shall be on site an anticipated 50 hours per week for the projected 180 calendar day construction schedule. ASSUMPTIONS • 180 day project schedule. DELIVERABLES TASK 8. MATERIALS TESTING SERVICES. ENGINEER will support the construction phase of the project with Materials Testing Services, as follows: • The ENGINEER's Materials Testing Firm shall be on site as needed to provide materials testing assistance to verify that construction conforms to specification requirements. ASSUMPTIONS • 180 day project schedule is assumed. DELIVERABLES TASK 9. CLOSE OUT SERVICES. ENGINEER will support the construction phase of the project as follows. 9.1 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: - Red-Line Markups from the Contractor - Red-Line Markups from City Inspector - Copies of Approved Change Orders - Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes that apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: - These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 10 of 11 ATTACHMENT A undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the Mylars. • Record Drawings shall also 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 for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file 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. Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. 9.2 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 • One copy of full size (22"x34") Mylars will be delivered to the CITY DELIVERABLES A. Record Drawings B. Standard City Close Out Documents City of Fort Worth,Texas Standard Agreement for Engineering Related Professional Services Revised Date:1/28/2013 Page 11 of 11 ATTACHMENT B ATTACHMENT B ENGINEER INVOICE Design, Engineering, and Construction Phase Services for Fort Worth Aviation - Meacham Airport Additional Parking for Administration City Project No. 101239 Lump Sum Project I. Compensation A. ENGINEER shall be compensated a total lump sum fee of $163,920 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. ENGINEER shall be paid in monthly payments as described in Section II - Method of Payment. 11. Method of Payment A. Partial payment shall be made to ENGINEER monthly upon City's approval of an invoice prepared and submitted by ENGINEER inthe 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 inAttachment Dto 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 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 I of 2 ATTACHMENT B IV. Summary of Total Project Fees FIRM PRIMARY RESPONSIBILITY FEE AMOUNT % Prime Consultant Garver, LLC J Engineering and Design` $114,294 69.70% Proposed M/SBE — DBE Sub Consultants STL Engineers, LLC Materials Testing $ 17,551 10.70% Lamb-Star Engineering Surveying $ 6,075 3.70% Non-MMBE — DBE Consultants JDT RPR Services, Inc. Construction Inspection $ 26,000 15.90% TOTAL $163,920 100% Project NUMBER & NAME TOTAL FEE MMBE — MMBE — DBE FEE DBE /° 101239- Meacham Administration BuildingAdditional Parking $163,920 $23,626 14.4°!° City MMBE— DBE Goal = 14.0% Consultant Committed Goal = 14.4% Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 2 ATTACHMENT "B-1" ENGINEER INVOICE (Level of Effort) (Supplement to Attachment B) City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Design Services for Administration Parking Expansion Improvements City Project No.101239 labor baa. Expar.a Task N. Tank Deecdp0en P.Jacl Project Project EIT CADD Adml nlstratNe Total Labor Subcon-Itant Total EM"r-Task Sb Total Disler Mena a r En Inver Cont T-1 Reprodactlon Coat 4 13 159 75 MWBE Non•MWBE 1.0 aregeman 2 20 25 4 4 6 $10,393 00 57 10,750 1.1 Ma-aging the fea- so 1.1.1 anegement 2 $426 26 1.1.2 QNQC 1 4 4 $1,786 so $1,700 1.2 Connno.itions and Reporting $0 S57 $57 $57 1.2.1 Pre-Design oordn atlon Meeting 4 4 $1,464 $100 100 $1,564 2.2 Denign abmlttal We.NWArg 4 4 $1,454 $100 $100 1,564 1.2.3 Team Meetings 11 41 4 4 4 $2.648 so $2,646 Prepare a e 1 $153 so 153 1� 5 Prepare Manu,ly MWBF porte 8 $800 $0 5600 0 matron with Ity and Aqn.- 1 4 $825 $100 100 $925 7 oordination with rant if, h es 1 4 5 $0 $825 2.0 Survey ervicas 0 0 0 0 0 0 $0 $6,075 $0 $0 SO $6,075 55,075 2.1 MWSE aboort-llanl- agn -y $0 $6,075 56.075 $6,075 S. D4slgn 0 0 46 62 140 0 $39,661 0 s9 $239 $239 $30,900 3.1 Plan. s0 239 $239 $239 3.1.1enera Not- 1 2 1 $0 $401 3.12 Safety Plan 1 4 $673 $0 $673 1.3 Traffic Gorbol Plan2 8 4 $1,892 0 $1,882 3.1A T.M.C-IndM.N. 1 2 20 3.1.5 I a 1 1 4 $620 - __._ 3.1.6 Erasion antral Details 2 2 $530 01 S53o 3.1.7 Veni and Rea-va-1 len 1 1 4 $526 $01 $826 3.1.8 Paving Plan 1 2 4 12 $2,667 $0 $207 3.1S Joint Plan 2 4 8 $1,810 $0 $1,910 3.1.10 Joint "tale 1 2 4 $955 $0 $955 3.1.11 Drainage Plans 1 4 8 a $2,945 $0 $2,945 31 12 Drainage Datala 2 4 6 51,638 E0 $1,638 TAIT Typical coon 1 4 8 $1,757 s0 $1,757 3-1 1-4 Misoelaneoas -falls 11 8 $1,217 $0 $1.217 3.1.15 Gross swans 28 16 $3,514 $3,514 3.1.16 li Pl.. 1 2 8 1,499 So $1,499 ---3-.l 17 Ma,ki,g stela 1 1 4 2B $526 3.1.18 Irrigation and Landecap ng Plan 1 6 8 16 ,338 D S4.339 3.1 19 mgekon an Lan scoping etais 1 2 8 8 $2,639 so $2.639 3.1 20 a Ing 9 ting 15 la24 12 $2,574 1 $0 $2,574 3.1.21 Ughling at-es 2 2 4 $1,225 $0 $1,228 3.2 Sip-1-tine!CantraIXmenta 1 16 $2,661 $0 $2661 u 3.3 uanlitie.s - 1 _-2 _-4 --- SMS .-__.._._ .__...__.._...._._..._._ $0 $955 3.4 Opirion of P,ob.ble onstractlon oats 4 516 so 5518 4.0 Permitting 5 4 2816 0 0 $8,820 $0 s0 $100 $M $280 $9,100 4.1 motion 4 8 $2,520 5100 $50 $150 52,67 4.2 iSWM Modeling plots 1 ul 8 $2,580 SO 20 43 4 8 1,644 $0 $1,644 44 TDLR Coard,notim 4. 8 $2,076 $130 $130 $2.2 LIS City of Fon Worth.Texas Attachment B-Level of Effort Supplement PMD Oth'l Role-Date5 19.2(110 Page2o 9 1 of 2 Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Design Services for Administration Parking Expansion Improvements City Project No. 101239 labor h.urs E Task No. Task Da 1pllon ProJact Pr.J..t Pno EllCARD Administntiva Total Lebor gubconaultant nae Total Expense Task Sub Total DlrecWr Mane• En Cost T-1 Reproductlon Cost t36 75 MW13E Nan-No BE 5.0 Bid haw 0 7 U 0 $10,277 $0 $200 $223 $10.700 5.1 N Supp_ $0 Distribute onlraIX donuments end Maintain Ian 5.1.1 Holders Llal $969 $223 $223 $1.192 5.1.2 UploadContract .cum to Buuseww $258 $0 5.1.3 An— s Questions 14 $1,981 50 1,981 5.1.4 Issue Add.n n 14 $1.9" $0 51.98 5.1.5 A and re-bi 4 31,770 $100 $1 1.670 5.1.6 Attend Bld paving are 5 1 1 $78 $100 $100 saw 5.1.7 hoc 1 2 2 $5787 so 5,18 abulate sand a and ward i 4 1 975 97 5.19 amreG M. 2 4. 2 $1,000 1,000 6.0 onabuction arvicaa 0 45 108 40 0 0 $31.482 $0 50 $800 5110 $7t 2,200 ase 6.1 onstry i. uppo. 6.1.1 ffentl ......1,,Gion o 4 6 1,770 Ei00 5700 $1.870 612 e y ,.j.. eta a con(Ce eahngs 4 12 $2,688 9 2,688 e e m 6.1.3 rojactSi. _,,'sits 1a 2 $6,884 00 7,284 6..1.4 Ma ev w 12 24 ,358 118 118 A76 615 cooma o. a 24 $4, 6.1.6 Wad., oo a 18 $1,032 _ ,032 1m on 6.1.1 inquest rin b harlge er -1.w 2 8 18......._e, �..... $3714 $3,714 -6.1.8 Fina:Walkfihrbugft and Puncb List 41 8 $2,078 $100 $1 52,178 7.0 C...true!an 1-pectlon Ss,loss 0 0 0 0 0 0 $0 526,000 20,00 f28,000 eS ent hsti l ri bservelldn a ices(24 7.1 hours a week for 1 B wwks) $0 $26.000 $26,000 $261000 6.0 Materials Twhig Sam.. 0 0 0 0 0 50 17,5" f0 $D $0 $17,551 $17,551 6.1 °nstruGi°n aterias Tsalng $0 $17,551 1 $17,551 $17551 0.0 Clow Out s-,A.. 0 2 16 0 a f$,882 $0 $0 S23a ,2 9.1 wmga 1 4 0 $1.913 $130 13 2,013 I T.W.1 71 TF 2131 So P, o ra 92 ubmi .rsenot apen�mrk 1, t2 $2,049 5108 5106 $2.757 931 a incl u mary T.tal H.urs 407 Total Labor $64,934 Tole)Eepenee "i'm1 MW13E Subcron.Ihv4 $23.626 Non-MWBE Subwnw8ant $26.000 15% Sub Marku $7,444 MWBE Partiupabo, 14 A% Total lsmja�Cost c4x.f rw wwn..Taxan Aftech ntB-Level.1 Effort Suppf—. PMO Ofriael Release Dale,S.19,2010 Wye 3.13 2 of ATTACHMENT C ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design, Engineering, and Construction Phase Services for Fort Worth Aviation —Meacham Airport Additional Parking for Administration City Project No. 101239 Lump Sum Project City of Fort Worth,Texas Attachment C PMO Official Release Date: 08.09.2012 Page 1 of 1 ATTACHMENT D ATTACHMENT D PROJECT SCHEDULE Design, Engineering, and Construction Phase Services for Fort Worth Aviation— Meacham Airport Additional Parking for Administration City Project No. 101239 Lump Sum Project City of Fort Worth,Texas Attachment D PMO Official Release Date: 08.09.2012 Page 1 of 2 ID .Task Name Duraonn start Finish 1 1 Administrgtlw Parklry F.apFrklfkln at F4RWad; 326 days Mon Mon 2JII(190 11 Nov'1J Dec'17 —1. IWO Marla AAgr7NJ,Nar US �un'1H1W.1gU �Sep'A�__"�1'}8 ",Nw'1lB Dtt'U Un '19 Feb'19 Mar'19 it Meadlam Akpivl IPrvleoi HI-WlU9) 11/6/17 2 : Design 77 days Non 11/6/1)Tue 2/20(83 3 200%Final Design 77 days Non 11/6/17 Tue 2/20(]3 - 4 Prepare 100%Final Plans and Specifcations 60days Monll/6/17 Fdl/26/18 5 1W%HIM Plans and Spedfcztions Submittal 1 day Mon 1/29/13Mon 1/29/18 6 Surveyor to Mobili]eanl Compelete Fleld Work 5days Mon 11/6/17 Fri 11/10/17 Ira J Surveyor to complete survey and submit to Engine 10 days ion 11/13/17 Fri 11/24/17 L 8 Airport/CIN Review 10days Tue1/30(18Mon2/12/18 9 Final Plan Revisions 5days Toe 2/13/18Mon 2119AS 10 SubnN Bid Plans 1 day Tue 2/20/18 Tue 2/20118 1' 11 Construction 213days Ned2/21/18 Fri 12/14(18 12 Construction Advertisement 116 days Ned 2/21/18 Wed 8/1118 1 13 Advertisement Period 45 days Ned 2/21/18 Tue 4/UJIB - 1 d Prepare For Advertisement 5days Wed 2121/18 Toe 2/27/18 F-ss Start Advertisement 29days Wed 2/28/18 Mo1a{9j1% �I 36 Hold Pre-Bid Meeting 1day Tue 3/6/18 Tue 3/6/18 1 j 1T Bid opening 1 day Tue 4/1n/18 Tue 4/10/18 1 U Prepare Recommendation of Award 5days Wed 4/11/18 Tue 4/17/18 �•. 19 Conrad Preparation 5days Ned 4/18/18 Tue 4124/18 to 20 MWBE Documentation 31 days Ned 4/23/;Bared 8130/18 1 21 5ubmit MWBE Compliance Documents 1day Wed 4/18/18Wed 4118/18. r 22 Review and Approve MW BE Compl lance 30 days Thu 4119/18 Wed _I Documents 5/30/18 23 1' MBC Process 35 tlays Ned SIM/19 Ned 7/11/18 24 Start M&CProcess Odays Wed S/30/18Wed5/30/18 i�314P IS M&CProcess 35 days The 5/31/IBWed 7/18/18 �. 26 Award Contract 0days Wed 7/18/IRWed 7)18/18 •i 7/11 ]7 ` Contract Execution 10 days Thu 7/19/18 Wed$J1/IB 28 Execute Contract Dpcuments 10days Thu 7/19/18 Wed 8/1/18 29 Pre{on........111- 12 days Thu 8/2/18 Fri 8/17/18 r� 30 Distribute Executed Contnia Documents to Contra 1day Thug/2/18 Thu 8/2JIS 1 31 Pre-Construction Meeting 1 day Fri 8/3/18 Fr18/3AS I 32 Centrad,,Prepare to Mobilize 10 days Mon 8/6/18 Fri 8117/18 L 33 Submittals and Approvals 10 days Mon 916/18 ESI 9/17/18 L 94 Cirnstruttion Phase Start 0 days Fri 13/17118 Fri 8/17JIB N3] 31 Construdlon Contract.Parking 85 days Non 8/20/18 Fri 12114/18 36 Construction 85 days Mon 8/20/38 Fri 121)4/18 37 Material/Soil Testing 70 days Non 6/27118 Fri 11/30IN - 3n Material and Soil Testing 70 days Mon 8/27/18 Fri II/VU18 39 i Inspectlon 85 days Non 3/20/18 Fd 12/14/18 90 inpsectlons 85 days Mon 8/20/18 Fr 1.1/11/18 U� Final Inspection Iday Fri 11/30/18'-ti/ul/i8 N u Construction phase Complete Odays Fn 12/14 Ii ln/18 M32/14 43 Financial Closeout 36 days),,12/17,'18 mon]/4/19 1'�1 M Financial Closeout Ration adReview 36 dayslin 12/IIfU Mou 2/4/19 X 45 Suhmittals(Project Closeout Docunentation) 10 days ion 12/17,'.& 1709/18 L 46 Contract Recondliation 15dayslonl2/31/18 Fril/18/19 47 Project Acceptance(Acceptance Letter) 1 dayMon 1/21/19Mon 1121/19 T 48 Notice of CompldioryGreen Shee[ OdaysMon 1/21J191elon 1121!19 49 Geen Sheet Ro0d0g Process 10 days Tue 1/22/19 Mon 2/4,'39 Task — Su nary E,aarmlMlkst— - linionee Summery Manual Sean--Whip Finish-ardv 3 Manual Progress Prpjlc[:ilV/-Atlmin Parkbg Fxp l Split ploptt Summary I I Inact ve Task Manual Task �� MaroeBY+swvmnrg r�7 Oats:Wed 9/D/7 M Miles[om • Edernal TasksMilestone Dureton lonly d� SaPry.AwA� {; PmgmFF Inattive AtlachnlentD -- PMO Release Dale:08.09.2012 Page 2 of 2 ATTACHMENT B ATTACHMENT E LOCATION MAP Design, Engineering, and Construction Phase Services for Fort Worth Aviation— Meacham Airport Additional Parking for Administration City Project No. 101239 Lump Sum Project City of Fort Worth,Texas Attachment E PMO Release Date: 08.09.2012 Page 1 of 2 FORTWORTH MEACHAM INTERNA1 ONAL AIRPORT KEY MAP PROJECT LOCATION P m BUS 287 AND AMERICAN CONCOURSEAt A y n AMERICAN canrcouRsl= ti PROPOSED ADMINISTRATIVE MEACHADMIN PARKING LOT EXPANSION +"•• .• - BUILDING ¢ " GRADING LIMITS 40, CONCRETE PARKING LOT m* " ~w+ w Y ity of Fort Worthjexas- PMO Release Date: 0809.2012 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FoRH CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 12/5/2017 -Ordinance No. 23020-12-2017 REFERENCE55FTW MEACHAM ADMIN DATE: 12/5/2017 NO.: **C-28493 LOG NAME: BLDG ADDITIONAL PARKING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Garver, LLC, in the Amount of $163,920.00 for Design and Construction Management Services of Additional Parking at Fort Worth Meacham International Airport, Authorize Use of Revenue Derived from Mineral Leases on City-Owned Airports in an Amount Up to $163,920.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of revenue derived from mineral leases on City-owned airports in an amount up to $163,920.00 for the design and construction management of Parking Improvements at Fort Worth Meacham International Airport; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of the Aviation Gas Lease Capital Projects Legacy Fund in the amount of$163,920.00; and 3. Authorize the execution of an Engineering Agreement with Garver, LLC, in the amount of $163,920.00.00 for the design and construction management services of the additional parking project at Fort Worth Meacham International Airport. DISCUSSION: The Aviation Department is seeking City Council approval to authorize execution of an Agreement with Garver, LLC, to design additional parking improvements for the Meacham Administration building. The size and scope of this project is outside of the existing On-Call Agreement. The design will provide approximately 90 additional parking spaces which will be located parallel to Main Street, directly east of Hangar 4N and southeast of the main Meacham Administration Building parking lot. The additional area will match the current parking lot design criteria. Additional parking is required to serve future tenants and events held in the conference center. This project was originally scheduled for 2022 in the Aviation's Department Five-Year Capital Improvement Plan; however, due to tenant growth and high demand for the use of the conference center, the project needs to proceed now as the current lot has reached capacity sooner than forecasted. The Aviation Department is seeking approval to contract with Garver, LLC, to start this project in 2018 instead of 2022. This project will be funded by revenue derived from mineral leases on City-owned airport properties. M/WBE OFFICE- Garver, LLC, is in compliance with the City's BDE Ordinance by committing to 14 percent SBE participation. The City's SBE goal on this project is 14 percent. ')VISORY BOARD APPROVAL-On May 18, 2017, the Aviation Advisory Board voted to mmend that the City Council approve the Aviation Department's Five-Year Capital Improvement �he addition of parking at the Aviation Administration building was a part of the approved plan. Airport is located in COUNCIL DISTRICT 2. //ps.cfwnet.org/council_packet/mc review.asp?ID=25232&councildate=12/5/2017 12/15/2017 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Aviation Gas Lease Capital Projects Legacy Fund. TO Fund Department t Account I Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program I Activity I Budget I Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Jeff Kloska (5406) ATTACHMENTS 55FTW MEACHAM ADMIN BLDG ADDITIONAL PARKING 59302 A018 v1.docx Attachment E - Map Admin Additional Parking.pdf Garver Form 1295.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25232&councildate=12/5/2017 12/15/2017 L- g4(�% CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1.2.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-268964 Garver Frisco,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/05/2017 being filed. City Of Fort Waith,Texas Date A cknowdggd� I, 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101239 Construction Services for Administrative Parking Expansion Improvements 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Hoskins, Brock Frisco,TX United States X Williams,Daniel Frisco,TX United States X Mclllwain, Frank Frisco,TX United States X Holder,Jr.,Jerry Frisco,TX United States X Griffin,Michael Frisco,TX United States X Jones,Steven Frisco,TX United States X Barker,Herbert Frisco,TX United States X 5 Check only it there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by itte said Frank MCI l lwa1n 20 17 to certifywhich,witness m hand and seal of office_ �``��YrP"''� JANET S. COMPTON y w*fir & s Notary Public,State of Texas Comm.Expires 06-26-2021 Notary ID 6435592 Janet Compton 17 o Si afture of officer admini ring oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337