Loading...
HomeMy WebLinkAboutContract 45298 (2)"L^V@ i�� T: AccI kc100 u, yr b t I CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and KSA Engineers, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Airport Improvements at Spinks Airport. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Airport Improvements at Spinks Airport. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. However the total fee paid by the City shall not exceed a total of $45,000.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 RECEIVED JAN 2 1 7014 OFFICIAL RECORD CITY SECRETARY flO woa'fltTPq Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of five (5) years, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage Ba $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Aviation Department, Attention: Ruseena Johnson, 4201 North Main Street, Ste 200, Fort Worth, TX 76106, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant s insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. J. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specifiedamounts of insurance required herein. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 4 of 8 Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine 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. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant 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 Professional Services PMO Official Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Aviation Department / Ruseena Johnson 4201 North Main Street Ste 200 Fort Worth, Texas 76106 Consultant: KSA Engineers, Inc Attn: Steve M. Creamer, P E 8875 Synergy Drive McKinney, Texas 75070 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City o Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 7 of 8 140 East Tyler Street Suite 600 Longview, TX 75601 903.236.7700 January 7, 2014 Ruseena Johnson City of Fort Worth 4201 North Main Street, Suite 200 Fort Worth, TX 76106 RE: Agreement for Professional Services Ms. Johnson, ENRINEERS Please find enclosed four (4) copies of the professional services agreement signed by Joncie Young on behalf of KSA Engineers. Also included is our Certificate of Insurance with the City listed as a certificate holder. Once the agreement has been executed by the City, please return an executed copy to my attention. If you like, you can email me a copy at srogers©ksaeng.com. Please let me know if you need anything else or if I can be of further assistance Thank you, KSA Engineers, Inc. ./5h oLe.A/31 Sheila Rogers 0 Executive Assistant /sr Enclosures wwwokksaeng0co n Article XVII Counterparts 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. Executed and effective this the day day BY: CITY OF FORT WORTH _7"44014th Fernando Costa /c/ BY: ENGINEER KSA Engineers, Inc. Jncie H. Young, P.E Assistant City Manager / President Date: thsAts APPROVAL RECOMMENDED: By: ce,/, William Welstead Director, Aviation APPROVED AS TO FORM AND LEGALITY By: nA-A-- --a&A VA Michelle Kretz Assistant City Attorney ATTEST: Mary'J. FS. 4s, City Secreta City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8of8 Date: M&C No.: M&C Date: OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX ATTACHMENT "A" Scope for Enaineerinct Design Related Services for Airport Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The project is for engineering services to design, bid and perform construction administration duties for various projects at Fort Worth Spinks Airport that may include but shall not be limited to Airfield Pavements, Airfield Electrical, Airport Studies, Facility Development, and Infrastructure and Site Improvements as may be directed by the CITY. Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. WORK TO BE PERFORMED Design Management Conceptual Design P reliminary Design Final Design Bid Phase Services Construction Phase Services S urvey and Subsurface Utility Engineering Services Permitting TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 1 OF 13 • • • • • Conduct and document biweekly design team meetings P repare invoices and submit monthly in the format requested by the CITY. P repare and submit monthly progress reports in the format provided by the respective CITY Department. P repare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. ATTACHMENT `A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 2 OF 13 • • • Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2. Subsurface Utility Engineering • Provide Subsurface Utility Engineering (SUE) per Task 7. 2.3. The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • S UE Plan sheets sealed by a licensed professional engineer registered in the S ate of Texas. • Conceptual Construction Phasing Plan: Develop a construction phasing plan that details the impacts to the Airport Operations Areas. P roposed phasing of any water, sanitary sewer, and/or drainage work that is included in this project documented in both the project schedule and narrative form. • Proposed pavement sections of the pavement to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include Runway and Taxiway Safety Areas and pavement widths. Pavements shall be designed in accordance with FAA Advisory Circular 150/5300-13A. • Conceptual plan and profile sheets showing existing and proposed horizontal alignments existing drainage structures, city owned and franchise utilities, and existing and/or proposed vertical alignments (profiles). Documentation of key design decisions. Estimates of probable construction cost. ASSUMPTIONS • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES • 5 sets of 22" x 34" size plans will be delivered for the 30% design. ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 3 OF 13 TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY at the end of the design periods per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows 3.1. Development of Preliminary Design Drawings and Specifications 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 shall be indicated for each Control Point: Identified X Y and Z Coordinates, in an Identified coordinate system, and a referred bearing base Z coordinate on City Datum only; descriptive location (i.e. 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). • • Details to include curbs, curb expansion joints, and pavement details. ENGINEER will delineate the watershed based on contour data and field verification and document existing storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2- foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding drainage facility capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100- year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. • Signing, pavement marking, and airfield signage and lighting. • Documentation of key design decisions. • Estimates of probable construction cost. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 4 OF 13 • made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with City of Fort Worth Pavement Design Standards Manual, 2005 forlandside pavements and FAA Advisory Circular 150/5320-6E, Airport Pavement Design and Evaluation and FAA Design Software FAARFIELD 1.302 for airfield pavements. 3.3. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities and where known and possible consider potential future utilities in designs. • The ENGINEER shall deliver approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • Half size plans will be reviewed at a project update meeting • The FAAs front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • 10 set of Full size drawings will be delivered for Utility Clearance. DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings C. Geotechnical Report D. Estimates of probable construction cost TASK 4. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows • Final draft construction plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 5 OF 13 • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY and FAA bid items. ASSUMPTIONS • 2 sets of half size drawings and 2 specifications will be delivered for the 90% Design package. • 2 sets of full size drawings and 2 specifications will be delivered for the 100% Design package. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's and FAA standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders Contract documents shall be uploaded in .pdf files and the plans in .pdf and .dwf files. • The ENGINEER shall sell contract documents and maintain a plan holders list from documents sold and downloaded from Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 6 OF 13 • • • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. Incorporate all addenda into the contract documents and issue conformed sets. 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 • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by 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. The ENGINEER shall log and track all shop drawings, samples and other submittals. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. When authorized by the CITY, prepare change orders or supplemental agreements, as appropriate, for ordering changes in the work from that originally shown on the Plans and Specifications. If re -design or substantial engineering is required in the preparation of these documents, payment for extra services involved will be made in addition to the payment provided in basic engineering services. • • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. ATTACHMENT 'A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 7 OF 13 • • Provide full-time resident construction observation services for the contract performance time. • Perform quality assurance testing in accordance with the requirement in the General Provisions and Technical Specifications. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size (22" x 34') mylar drawings. • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage. 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 P DF and DWF file shall contain all associated sheets of the particular plan set. Singular P DF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ` 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the CITY. Floppy disks, zip disks, 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. ASSUMPTIONS • Monthly site visits are assumed. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 8 OF 13 • Required submittal reviews are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings and submittals D. Final Punch List items E. Record Drawings TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 7.1. 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; a. Identified (Existing. CITY Monument #8901 PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. 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. iiir ilimMi ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 9 OF 13 7.2. Subsurface Utility Engineering P rovide Subsurface Utility Engineering (SUE) to Quality Level as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Q uality 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. Q uality Level C (includes tasks as described for Quality Level D) • • • • • • • • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. Include survey and correlation of aerial or ground -mounted utility facilities in Q uality Level C tasks. S urvey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor If previously surveyed, check survey data for accuracy and completeness. The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. U pdate (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. P rovide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 10 OF 13 • • • • • • Level B (includes tasks as described for Quality Level Cl Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system. Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems Resolve differences between designated utilities and utility records and surveyed appurtenances. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 7.3. Construction Survey • The Construction survey will be performed by the Contractor. • Be available to the CITY on matters concerning the layout of the project during its construction 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. TASK 8. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 8.1. Storm Water Pollution Prevention Plan ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 11 OF 13 • For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the P roject for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 8.2. Environmental Services [provide a detailed scope if US Army Corp of Engineers Section 404 Nationwide Permit or individual permit is required] • • • • • N egotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. Completing all forms/applications necessary. S ubmitting forms/applications for CITY review S ubmitting revised forms for agency review Responding to agency comments and requests 8.3. Floodplain Services [provide detailed scope if CLOMR/LOMR and/or floodplain permit is required]] • • • • • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. Completing all forms/applications necessary. S ubmitting forms/applications for CITY review S ubmitting revised forms for agency review Responding to agency comments and requests 8.4. Texas Department of Transportation (TxDOT) Permit [provide a detailed scope if TxDOT permit(s) are required] • • • • • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. Completing all forms/applications necessary. S ubmitting forms/applications for CITY and TxDOT review S ubmitting revised forms for agency review Responding to agency comments and requests 8.5. Texas Department of Licensing and Regulation (TDLR) [provide a detailed scope if project is subject to the regulatory requirements of the Texas Architectural Barriers Act Chapter 68 Texas Administrative Code (the ' Barriers Act")) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 120F 13 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 Final Design. DELIVERABLES A. Storm Water Pollution Prevention Plan B. Appropriate Permit Applications ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests bid rejection and re -bidding of the contract for construction. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 130F 13 ATTACHMENT "B" COMPENSATION Project: AIRPORT IMPROVEMENTS AT SPINKS AIRPORT I. Compensation A. The ENGINEER shall be compensated on an hourly basis where the total fee shall not exceed $45 000 as summarized in Exhibit "B-1" Payment of the hourly fee shall be considered full compensation for the services described in Attachment A for all labor materials, supplies, and equipment necessary to complete the project. B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1" Section 2 .Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER Exhibit B-1 COMPENSATION Project: AIRPORT IMPROVEMENTS AT SPINKS AIRPORT Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries overhead, and profit. Labor Category P rincipal Senior Project Manager Project Manager P roject Engineer Design Engineer Electrical Engineer Mechanical Engineer Senior Project Architect P roject Architect Engineering Technician Senior Design Technician Design Technician Project Assistant CADD Technician Administrative Assistant Secretary Senior Project Representative Project Representative Environmental Planner GIS Analyst GIS Specialist 2014 Rate ($/hour) $180.00 $160.00 $130.00 $105.00 $90.00 $155.00 $140 00 $140.00 $120.00 $95 00 $90.00 $70 00 $70 00 $60.00 $50.00 $40 00 $70.00 $65 00 $150 00 $120.00 $100.00 ii. Non -Labor Expenses. Non -labor expenses shall Expenses at invoice or internal office cost. 2015 Rate ($/hour) $187.20 $166.40 $135.20 $109.20 $93.60 $161.20 $145.60 $145.60 $124.80 $98.80 $93.60 $72.80 $72 80 $62.40 $52.00 $41 60 $72.80 $67 60 $156.00 $124.80 $104.00 be reimbursed as Direct Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 B-1 Exhibit B-1 COMPENSATION expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer gross receipts or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Aviation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09,2012 Page 2 of 4 B-2 IV. 1 1 Exhibit B-1 COMPENSATION Summary of Total Project Fees Firm Primary Responsibility P rime Consultant KSA Engineers, Inc. P roposed MBE/SBE Sub -Consultants Alliance Geotechnical Geotechnical/Materials Testing Group Gorrondona & Survey Associates, Inc. The Rios Group TBD Fee Amount TBD TBD TBD Subsurface Utility Engineering TBD N on-MBE/SBE Consultants SWCA Wildlife Hazard Assessment TBD and Planning Project Number & Name City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 TOTAL $ Total Fee $ MBE/SBE Fee $ TBD TBD TBD TBD TBD 100% MBE/SBE % B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) 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 4 of 4 Professional Services Payment Request Project Manager: Ruseena Johnson Project: Airport Improvements at Spinks Airport City Project #: na City Sec Number: Company Name: Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Consultant's PM: email: Vendor Invoice #: Office Address: office address Payment Request #: Telephone: telephone From Date: Fax: fax To Date: Invoice Date: Remit Address: remit address Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 FAC and Work Type Description Totals This Payment Request Agreement Agreement Amendment Amount to Amount Percent ($) Invoiced Current Remaining Amount Amount Date Spent Spent Previously Invoice Balance Overall Percentage Spent: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Project: AIRPORT IMPROVEMENTS AT SPINKS AIRPORT Article III of the contract is amended to add a second paragraph: "This Agreement may be renewed 1 time for a term of two years, subject to available funds and with the consent of the City and Consultant. In order to exercise an option to renew Consultant shall notify the City in writing of its desire to renew this Agreement no less than ninety (90) days an no more than one hundred eighty (180) days prior to the expiration of the Initial Term." City of Fort Worth, Texas Attachment C PMO Release Date: 05,19.2010 Page 1 of 1 Report No. Project Title City Project No. City Project Manager: Prepared By: List activities that started and/or completed over the reporting period, and major milestones achieved. Critical Path, Describe changes to the critical path and float: Identify any activities added or deleted since the last period and explain reasons. Indicate changes to activity logic (predecessors / successors) if any. Describe work planned for the next period including a list of critical activities and milestones. Description of actual or potential delays, including causes, and the steps taken or anticipated to mitigate their impact. In the case that actual or potential delays have been identified, describe proposed work around schedule to mitigate delays. Other Scheduling Comments. CONSULTANT PROJECT SCHEDULE REPORT CITY OF FORT WORTH PROJECTS Date: Council District: Consultant PM: Enter complete list (length unlimited).