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HomeMy WebLinkAboutContract 50891 CITY SECRETARY S (,CNTRACT NO.„ 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 CP&Y, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Extension of Taxiway Papa. 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 the amount up to $438,493.93 as set forth in Attachment B. 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. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment - (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this 4,p AGREEMENT, to reasonably substantiate the invoices. ciy L� (2) The ENGINEER will issue monthly invoices for all work performed under this C �~�09Tv114 AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated7OFFICIAL payment of Z d of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 1 of 17 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 Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 3 of 17 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority 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 notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an 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, personal 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 6 of 17 autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 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. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of AV or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 9 of 17 published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents, obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 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. 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." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 11 of 17 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated 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 5 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services, C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against 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, 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 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 14 of 17 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 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. K. Immigration Nationality Act 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 DUE TO VIOLATIONS OF THIS PARAGRAPH 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 ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 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 the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER CP&Y, Inc. Fernando Costa Assistant City Manager SKphen P. Conner Vice President Date: C�15�8 r Date: APPROVAL RECOMMENDED: By: William Welstead City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date,11.17.17 Page 16 of 17 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 require ,4 enls. j4vu�l Dakota Shaw Airport Project Coordinator APPROVEP AS TO FORM AND LEGALITY By: John B. Strong Assistant Ci ttorney ATTEST: Form 1295 No. 2018-342564 a J. eQF... .,. �T M&C No.: C-28707 City Secreta �-� . M&C Date: 6/5/2018 �XAS OFFICIAL RECORD CI'IrX SECRETARY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services FT fluOOM TX Revised Date:11.17.17 N*'1,JR Page 17 of 17 P&Y—) March 20,2018 FORT WORTH ALLIANCE AIRPORT FORT WORTH, TEXAS TAXIWAY PAPA DESIGN ATTACHMENT A SCOPE OF WORK The Scope of Work for this project includes the following: Project Overview/Scope of the Project Fort Worth Alliance Airport (AFW) was opened in December 1989. CP&Y was selected by the City of Fort Worth to serve as the General Engineer for the Fort Worth Alliance Airport development projects.This task assignment falls under that master agreement dated April 15, 2013. The intent of this task assignment is to allow for further development of the Airport's west side by providing design and bidding service for Taxiway P,as shown on Exhibit A. New Taxiway P is from Taxiway D to Taxiway F. The design will also include extensions to Taxiway E and Taxiway F. CP&Y plans to complete the following proposed work tasks are as follows: Phase I—Preliminary Design (35%) Phase Services; Phase II—Final Design Phase Services; and Phase III—Bidding Support Services. PHASE I—PRELIMINARY DESIGN SERVICES A. Administration:The CP&Y Team will provide interoffice administration and coordination for the preliminary design phase services including interoffice meetings attended bythe project manager and engineers and general day to day project related administrative tasks. Coordination and exchange of project related information with AFW staff, FAA, and any subconsultants who are a part of the team is included in this task. B. Kickoff Meeting:The CP&Y Team will conduct and participate in a kickoff meeting with AFW staff. C. Meetings:The CP&Y Team will conduct biweekly progress meetings with AFW staff. D. Visual Condition Survey: The CP&Y Team will perform field check to verify existing conditions and data obtained through topographic survey, previous reports, studies and information provided by AFW. E. Topographic Survey and Subsurface Utility Engineering(SUE):CP&Y will coordinate the field surveys forthis project and provide SUE.The topographic surveys will be performed by ANA Consultants. Taxiway Papa Design Attachment A Fort Worth Alliance Airport March 20,2018 F. Geotechnical Investigation: CP&Y will coordinate the geotechnical investigation for this project.The geotechnical investigation will be performed by Gorrondona&Associates.As part of this investigation,Gorrondona will prepare a geotechnical report of their findings. G. Preliminary Engineering Report: The CP&Y Team will prepare a preliminary engineering report in accordance with the Airport Improvement Program Handbook,Order 5100.38D. H. Preliminary Design (35%) Documents:The CP&Y Team will prepare preliminary design documents consisting of: preliminary drawings,the complete bid proposal structure and the complete text of proposed specifications, including front end specifications. The 35% Design Documents will illustrate and describe the Project and refine the scope of work, relationships,form, size, and appearance of the Project by means of drawings of plans, sections and elevations,typical section details, diagrams, and equipment layouts.The 35% Design Documents will identify major materials, consistent with established design standards,where applicable, and establish in general their quality level. a. Design Elements to Include: i. Temporary Erosion and Sediment Control (CP&Y); ii. Geometric Plan (CP&Y); iii. Construction Safety Phasing Plan (CSPP) (CP&Y); iv. Site Grading and Drainage (including potential detention) (CP&Y); v. Utility Relocation (CP&Y); vi. Pavement Design (per FAA AC 150/5320-6F Airport Pavement Design and Evaluation) (Jacobs); vii. Concrete Joint Layout,Typical Sections and Spot Elevations (CP&Y); viii. Perimeter Access Road Realignment/Section/Relocation/Demolition (CP&Y); ix. Permanent AOA Perimeter Fence(CP&Y); x. Airfield Lighting and Signage (Ferguson); xi. Airfield Pavement Marking (CP&Y); and xii. Related construction details. I. Preliminary Engineer's Opinion of Probable Construction Cost:CP&Y will prepare preliminary statement of probable construction costs. J. Schedule:CP&Y will prepare preliminary project schedule. K. Preliminary Design (35%) Review Meeting:The CP&Y Team will conduct a preliminary design review meeting with AFW and other interested parties to review comments,address questions, and coordinate the preliminary design. L. Quality Control/Quality Assurance: Provide overall quality control for information and contract documents submitted as part of the preliminary design phase.An independent technical review of milestone submittals will be performed by Jacobs. M. Land Acquisition:The CP&Y Team will provide land acquisition services necessary to facilitate the purchase of the property necessary to complete the Taxiway Papa design. Deliverables: C.\pwuorking'cpy,pw_cpylccoons d0642376'Scope of Pork-Iasi way P_2018 03.20 doc _ 2_ Taxiway Papa Design Attachment A Fort Worth Alliance Airport March 20,2018 1. Preliminary Engineering Report: a. Geotechnical Report; b. Pavement Design Report; c. Electrical Basis of Design;and d. Other sections as necessary to accurately depict design. 2. One(1)set of reproducible Preliminary Design Document and Specifications in electronic format (PDF) and one(1) hard copy set(11"x17"format). 3. Engineer's Opinion of Probable Construction Costs. 4. Project Schedule. 5. Meeting Materials(agendas,sign-in sheets,and summaries) PHASE If—FINAL DESIGN SERVICES A. Administration:The CP&Y Team will provide interoffice administration and coordination for the final design phase services including interoffice meetings attended by the project manager and engineers and general day to day project related administrative tasks. Coordination and exchange of project related information with AFW staff, FAA, and any subconsultants who are a part of the team is included in this task. B. Meetings:The CP&Y Team will conduct biweekly progress meetings with AFW staff. C. Preliminary Design Review Comments:The CP&Y Team will provide written responses to design review comments and incorporate those into final design documents. D. Final Engineering Report: The CP&Y Team will update/finalize preliminary engineering report. E. Final Design Documents:The CP&Y Team will further develop to 100%the design documents consisting of:drawings,specifications and bid proposal as identified in Phase I. F. Prepare FAA Form 7460-1:CP&Y will prepare and submit FAA Form 7460-1 Notice of Proposed Construction or Alteration. G. Prepare Construction Safety Phasing Plan(CSPP):CP&Y will prepare and submit a CSPP for the subject project in accordance with FAA Advisory Circular 150/5370-2G "Operational Safety on Airports During Construction". H. Preliminary Engineer's Opinion of Probable Construction Cost:CP&Y will update preliminary statement of probable construction costs. I. Schedule:CP&Y will update preliminary project schedule, as needed. I Final Design Review Meeting:CP&Y will conduct a final design review meeting with AFW and other interested parties to review comments,address questions, and coordinate the final design. K. "Issued for Bid" Documents:CP&Y will incorporate final design review comments into the sealed "Issued for Bid"construction documents (plans,specifications and bid proposal). C:\pw rking\cpy\pw_cpy\ccoons\d0642376\Swpe of Work-Taxiway P_2018.03.20.doc -3- Taxiway Papa Design Attachment A Fort Worth Alliance Airport March 20,2018 L. Quality Control/Quality Assurance: Provide overall quality control for information and contract documents submitted as part of the final design phase. An independent technical review of milestone submittals will be performed by Jacobs. Deliverables: 1. Updated Final Engineering Report 2. One (1)set of reproducible sealed, "Issued for Bid" Design Document and Specifications in electronic format(PDF) uploaded to Buzzsaw and one (1) hard copy set(11"x17"format). 3. Engineer's Opinion of Probable Construction Costs. 4. Meeting Materials (agendas,sign-in sheets, and summaries) PHASE III—BIDDING SUPPORT SERVICES A. Administration:The CP&Y Team will provide interoffice administration and coordination for the bidding support services including interoffice meetings attended by the project manager and engineers and general day to day project related administrative tasks. Coordination and exchange of project related information with AFW staff and any subconsultants who are a part of the team is included in this task. The program administration will be led by Jacobs. B. Pre-Bid Conference:The CP&Y Team will attend the pre-bid conference in support of City of Fort Worth. C. Bidder Questions and Addenda:The CP&Y Team will respond to requests for information, preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Construction Documents to prospective bidders in the form of addenda to the bidding documents.Addenda shall be uploaded electronically(PDF)to the City of Fort Worth's Buzzsaw system for access by potential bidders. D. Bid Tabulation: The CP&Y Team will prepare tabulation of contractor bids from bids furnished by AFW. E. Bid Validation: The CP&Y Team will provide construction bid validation with prospective contractors. F. Bid Recommendation:The CP&Y Team will develop/submit a formal recommendation for bid award to AFW. G. Compilation of Conformed Issued for Construction Documents:The CP&Y Team will prepare conformed Construction Documents that incorporate addenda. Deliverables: 1. One (1) set of reproducible Conformed Construction Plans and Specifications in electronic format(PDF). C\pwworkiog\cpy\pw_cpy\ccoons\d0642376\Scope of Work-Taxiway P_2018.03.20.doc -4- a 00 k � « a & o g S I » \ § < 0 � zu / j § Lu / K & ) Z 0 / / / & k Lu/ 7 \ , \ / ul) § a LU/ z � � / 2 � cf\ / kz / z � s « § } & ® e � \ \ \ / § LL, LU� �ul Q ai § / $ q00 ƒ G � � » / m 0 ( � § / / j / 0 § § � ci m � \ 0 0 7 \ _ ' _ ° ryl \ / } I % N G Q / & Q * ® § 0 z§ § B ~ G ^ / & 2 § \ @ ~ x oa u & § � / / o % S � � y E E / \ u * y 2 c c z z 5 5 \ \ 6 \ 7 2 \ / \ j u § ) \ ( r w \ k r [ � $ 5 « ,( J « / J } »w S u § / \ ( u § § \ z 0 3 Cc z 2 S § § § & § § § 9 @ e > z 2 \ o / 2 \ 0 3 © % z g o E / G / ( \ \ k \ \ u / \ } z 0 \ / \ } ) \ _ « } z Q 0 = 2 u o o « u , = e o « cr G \ \ \ kq \ \ ) § \ \ # g x z b 2 e j % � » u 2 § » e } \ b\ %/ k ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Taxiway Papa City Project No. None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 W N N ti .a 6 � 0 o F E a ! -- N a� v� - u - a� 3 a - c C � A I E n C C C C C C O O O O O O O O O O O LL ! 00 � 00 00 � � � Oi0 m N 'I ♦ m o om m r c c v o o � a m v m Y o c m m N � � a v 0 w ` _ c 'y oa c v i I o� z a O > � Q ilk W rt - w � .z cz . LL 0: _ F LU Q W J O F- a O w -1 W Q M U O Z w O (10z Fw- y � C 1 r_ LL' W LL LL7 ' I^ M&C Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F oRTMRTH COUNCIL ACTION: Approved on 6/5/2018 DATE: 6/5/2018 REFERENCE NO.: **C-28707 LOG NAME: 55AFW TAXIWAY PAPA EXTENSION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Standard Agreement for Engineering Related Services with CP&Y, Inc., in the Amount of$438,494.00 for the Design and Bidding Support Services of the Taxiway Papa Extension Project at Fort Worth Alliance Airport(COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a Standard Agreement for Engineering Related Services with CP&Y, Inc. in the amount of$438,494.00 for design and bidding support services of the Taxiway Papa Extension Project at Fort Worth Alliance Airport. DISCUSSION: The Aviation Department is seeking Council approval to authorize execution of an engineering services agreement with CP&Y, Inc. for the design and bidding support services of the Taxiway Papa Extension Project at Fort Worth Alliance Airport (Airport). Taxiway Papa is located on the southwest corner of the Airport's runway and taxiway system. The purpose of this project is to extend Taxiway Papa north. Lease development on the current parameters of Taxiway Papa is at capacity. This extension will provide necessary infrastructure to allow for future hangar development to expand on the west side of the Airport. The extension is also necessary to provide operational efficiency to aircraft accessing the current taxiway system by providing connecting surfaces along the midpoints of the runway environment. Indirect costs are not eligible for reimbursement. CP&Y, Inc., is in compliance with the City's DBE Program by committing to 43% DBE participation on this project. The City's DBE goal on this project is 34%. Additionally, CP&Y, Inc. is a certified MBE firm. ADVISORY BOARD APPROVAL- On April 19, 2018, the Aviation Advisory Board voted to recommend that the City Council approve the Aviation Department's Five-Year Capital Improvement Plan. The addition of Taxiway Papa Extension was a part of the approved plan. Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Municipal Airport Grants Fund. This is a reimbursement grant. http://apps.cfwnet.org/council packet/mc review.asp?ID=25835&councildate=6/5/2018 6/22/2018 M&C Review Page 2 of 2 TO 7.Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Charlfield 2) T FROM Fund Department Account ProjectProgram Activity Budget 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: Dakota Shaw(5407) ATTACHMENTS AFW Twy P Form 1295 - 180420.pdf Location Map.pdf htt-D:Hapi)s.cfwnet.org/council nacket/mc review.astn?ID=25835&councildate=6/5/2018 6/22/2018 CERTIFICATE OF INTERESTED PARTIES FORM 129'J loft 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. 2018-342564 CP&Y, Inc. Dallas,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 04/20/2018 being filed. City of Fort Worth Date Acknowlednec�:� 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. PO-18-00103839 Alliance Airport-Design of Taxiway Papa Extension Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Patel, Pete Dallas,TX United States X Chiang,Walter Dallas,TX United States X Roohms,J.J. Austin,TX United States X Vergara,Marisa San Antonio,TX United States X Hays, David Dallas,TX United States X Boswell,Jeremy Oklahoma City,OK United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Stephen P. Conner and my date of birth is 8/29/1953 My address is 1820 Regal Row Dallas TX 75235 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 20th day of April ,20 18 (month) (year) gnature ofaut orized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523