HomeMy WebLinkAboutContract 21339 l
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STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
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OUNTY OF TARRANT § � N7;FA(
That the City of Fort Worth, a municipal corporation situated in Tarrant County, Texas,
acting herein by and through Mike Groomer, its duly authorized Assistant City Manager,
hereinafter called "CITY", and Garcia & Associates Engineering, Inc., acting herein by and
through Rudy M. Garcia, P.E., its duly authorized President, hereinafter called "ENGINEER"
do enter into the following agreement.
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That for and in consideration of the mutual covenants and agreements herein contained
the parties hereto. do hereby covenant and agree as follows:
ARTICLE I
SERVICES
Section 1. The City hereby contracts with the Engineer as an independent contractor,
and the Engineer hereby agrees to perform the services herein described with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The design of North Main Street Park and Ride Facility,
Section 2. The services to be performed by Engineer shall include the following, but are
not limited to, scope of services listed in Exhibit "A" attached hereto, incorporated herein and
made a part hereof for all intents and purposes.
Section 3. The above-mentioned project will be funded, in part, by the U.S. Department
of Commerce, Economic Development Administration (EDA). The EDA grant, under Project
No. 0$-01-02958.80, represents loo percent of the total project costs. The EDA requires that
the Engineer shall provide the services set forth in Exhibit "A-1" which is attached hereto and
made a part of this agreement.
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ARTICLE II
PHASES AND SCHEDULES
Engineering work for the proposed, water, sanitary sewer, street and storm drain
improvements shall be completed according to the schedule in Exhibit "B".
ARTICLE III
COMPENSATION
A. The Engineer shall be compensated as described in Exhibit "C" and on the basis
of the hourly rate schedule included as Exhibit "D" of this contract. In addition
the Engineer's compensation shall be on the basis of salary cost times a multiplier
of 2.74.
Raw salary cost is defined as the wages paid to the Engineer's employees
involved in the project.
B. Actual out-of-pocket expenses that are incurred during the progress of the work
will be paid at Engineer's cost plus 10%. The actual out-of-pocket expenses
include: air fare, automobile rental if required, mileage charges, parking, tolls,
taxi, meals, lodging, telephone, printing and reproduction costs, and other
miscellaneous costs incurred specifically for this project.
C. For additional work done by others, at the actual cost to the Engineer of such
services plus 10%.
D. The total compensation (inclusive of A, B and C above) for all of the services to
be performed by the Engineer as described in Article 1, Section 2 and Exhibit
"A" shall not exceed $35,092.00 and shall be as described. in "Exhibit "E".
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E. It is understood that this agreement contemplates the full and complete
engineering services for this project including any and all changes necessary to
complete the work as outlined in the scope of services. Nothing contained herein
shall be construed as authorizing any additional fees for services to provide
complete plans, specifications, easements and permits necessary for the successful
completion of this project. The Engineer acknowledges by the execution of this
contract that such contingencies as may be deemed necessary and proper have
been included in the basic fee.
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ARTICLE IV
COORDINATION WITH OWNER
The City shall make available to the Engineer for use in performing services hereunder
all existing plans, maps, field notes, statistics, computations and other data in the City's
possession relative to existing facilities and to the project.
ARTICLE V
PROGRESS REPORT
The Engineer shall submit monthly progress reports to the Director of the Department
of Engineering. If the Engineer determines in the course of making design drawings and
specifications that the cost estimate of $433,580.00 (as estimated on Exhibit "F") will be
exceeded, whether by change in the scope of the project, increased costs or other conditions, the
Engineer shall immediately report such fact to the City's Director of the Department of
Engineering and, if so instructed by Director of the Department of Engineering shall suspend
all work hereunder.
ARTICLE VI
TRANSFER OF CONTRACT
The Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this
agreement without the prior written consent of the City.
ARTICLE VII
TERMINATION OF CONTRACT
Section 1. The City may terminate this contract at any time for convenience or for any
cause by a notice in writing to the Engineer. Upon receipt of such notice the Engineer shall
immediately discontinue all services and work and the placing of all orders or the entering into
contracts for supplies, assistance, facilities, and materials, in connection with the performance
of this contract and shall proceed to cancel promptly all existing contracts insofar as they are
chargeable to this contract.
Section 2. If the City terminates this contract under the foregoing Section 1, the City
shall pay the Engineer a reasonable amount for services performed prior to such termination,
which payment shall be based upon the payroll cost of employees engaged on the work by the
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Engineer up to the date of termination of the contract and for subcontract and reproduction in
accordance with the method of compensation stated in Article III hereof.
Section 3. All completed or partially completed reports prepared under this contract,
including the original drawings, shall become the property of the City when the contract is
terminated, and may be used by City 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 in this contract.
ARTICLE VIII
SUCCESSORS AND ASSIGNS
The City and the Engineer each bind themselves, their successors and assigns, to the
other party to this Agreement and to the successors and assigns of each other party in respect
to all covenants of this contract.
ARTICLE IX
INDEPENDENT CONTRACTOR
Engineer covenants and agrees that it will perform the work hereunder as an independent
contractor, and not as an officer, agent, servant, or employee of the City; that the Engineer shall
have exclusive control of and the exclusive right to control the details of the work performed
hereunder, and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that
the doctrine of respondent superior shall not apply as between the City and the Engineer, its
officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and Engineer.
ARTICLE X
DISCLOSURE
By signature of this contract, the Engineer warrants to the City of Fort Worth that it has
made full disclosure in writing of any existing conflicts of interest or potential conflicts of
interest, including personal financial interests, direct or indirect, in property abutting the
proposed project and business relationships with abutting property owners. The Engineer further
warrants that it will make disclosure in writing of any conflicts of interest which develop
subsequent to the signing of this contract and prior to final payment under the contract.
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ARTICLE xI
INDEMNITY AND INSURANCE
Approval by the City of this agreement shall not constitute or be deemed to be a release
of the responsibility and liability of the Engineer, its officers, agents, employees, and
subcontractors for the accuracy and competency of the services performed under this agreement,
including but not limited to surveys, designs, working drawings and specifications and other
engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility and liability
by the City for any negligent act, error or omission in the performance of Engineer's
professional services or in the conduct or preparation of the subsurface investigation, surveys,
designs, working drawings, and specifications or other engineering documents by the Engineer,
its officers, agents, employees and subcontractors, it being the intent of the parties that approval
by the City signifies the City's approval of only the general design concept of the improvements
to be constructed. In this connection, the Engineer shall indemnify and hold the City and all of
its officers, agents, servants, and employees harmless from any loss, damage, liability or
expenses, on account of damage to property and injuries, including death, to all persons,
including but not limited to officers, agents, or employees of the Engineer or subcontractors, and
all persons performing any part of the work and improvements which may arise out of any
negligent act, error or omission in the performance of Engineer's professional services or in the
conduct or preparation of subsurface investigations, surveys, designs, working drawings,
specifications, and other engineering documents incorporated into any improvements constructed
in accordance therewith. The Engineer shall defend at its own expense any suits or other
proceedings brought against the City and its officers, agents, servants, and employees, or any
of them on account thereof, and shall pay all expenses and satisfy all judgements which may be
incurred by or rendered against them or any of them in connection therewith, provided and
except, however, that this indemnification provision shall not be construed as requiring the
Engineer to indemnify or hold the City or any of it's officers, agents, servants, or employees
harmless for any loss, damages, liability or expense, on account of damage to property to
injuries to persons caused by defects or deficiencies in design criteria and information furnished
Engineer by City, or any deviation in construction from Engineer's designs, working drawings,
specifications or other engineering documents.
Without limiting the above indemnity, Engineer shall provide to City a certificate of
insurance as proof that the Engineer has obtained a policy of comprehensive general liability
coverage (occurrence basis) with carriers acceptable to City covering all risks relating to the
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services to be performed under this contract, by the Engineer, its subcontractors and consultants,
such insurance to be in at least the following amounts:
Bodily Injury Liability $250,000 Each Person
$500,000 Each Occurrence
Property Damage Liability $300,000 Each Occurrence
Contractual Bodily Injury Liability $250,000 Each Person
$500,000 Each Occurrence
Contractual Property Damage $300,000 Each Occurrence
The Engineer shall not commence work under this Agreement until it has obtained
Professional Liability Insurance as required hereunder and such insurance coverage has been
approved by the City. Such insurance shall be in the minimum amount of$1,000,000 and shall
include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein
shall be maintained until one (1) year after City acceptance of the construction project and shall
not be canceled without prior written notice to the City. In this connection, upon the signing and
return of this Agreement by the Engineer, a Certificate of Insurance shall be furnished to the
City as evidence that the insurance coverage required herein has been obtained by Engineer, and
such certificate shall contain the provision that such insurance shall not be canceled or modified
without thirty (30) days prior written notice to the City. Engineer shall notify City within ten
(10) days of any modification or alteration in such Professional Liability Insurance.
ARTICLE XH
DBE GOALS
The Engineer acknowledges its commitment to meet or make "good faith" effort to meet
the City of Fort worth's goals for Disadvantaged Business Enterprises (DBE) participation in
City contracts. DBE participation was part of the evaluation criteria used in the award of this
contract; therefore, failure to comply may result in the Engineer being classified as non-
responsive and being barred from City work for a period of not less than six (G) months. The
Engineer agrees to furnish documentation of DBE participation such as canceled checks, etc.,
or such evidence as may be deemed proper by the City of Fort Worth.
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ARTICLE XM
RIGHT To AUDIT
A. Engineer agrees that the City shall, until the expiration of three (3) 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.
B. Engineer 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
subconsultant, involving transactions to the subcontract, and, further, that 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 (c) hereof. The City shall give the
subconsultant reasonable advance notice of intended audits.
C. Engineer and subconsultant agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse Engineer for the cast of copies as follows:
1. 50 copies and under - 10 cents per page.
2. More than 50 copies - 85 cents for the first page plus fifteen cents for
each page thereafter.
ARTICLE xIV
AGE
In accordance with the policy ("Policy") of the Executive Branch of the Federal Govern-
ment, Engineer covenants that neither it nor any of its officers, members, agents, or employees
engaged in performing this contract, shall, in connection with the employment, advancement or
discharge of employees or in connection with the terms, conditions or privileges of their employ-
ment, will discriminate against persons because of their age except on the basis of a bona fide •
occupational qualification, retirement plan or statutory requirement.
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Engineer further covenants that neither it nor its officers, members, agents, or
employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for
employees to work on this Contract, a maximum age limit for such employment unless the
specified maximum age limit is based upon a bona fide occupational qualification, retirement
plan or statutory requirement.
Engineer warrants it will fully comply with the Policy and will defend, indemnify and
hold City harmless against any and all claims or allegations asserted by third parties or
subconsultant against City arising out of Engineer's and/or its subconsultants' alleged failure to
comply with the above referenced Policy concerning age discrimination in the performance of
this agreement.
ARTICLE xV
DISABILITY
In accordance with the provisions of the Americans with Disabilities Act of 1990
("ADA"), Engineer warrants that it and all of its subconsultants will not unlawfully discriminate
on the basis of disability in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or current
employees of Engineer or any of its subconsultants. Engineer warrants it will fully comply with
ADA's provisions and any other applicable federal, state and local laws concerning disability
and will defend, indemnify and hold City harmless against any claims or allegations asserted by
third parties or subconsultants against City arising out of Engineer's and/or its subconsultant's
alleged failure to comply with the above-referenced laws concerning disability discrimination in
the performance of this agreement.
ARTICLE x VI
VENUE-LAW
Venue of any suit or cause of action under this contract shall lie exclusively in Tarrant
County, Texas. This contract shall be construed in accordance with the laws of the State of
Texas.
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IN TESTIMONY WHEREOF, the City of Fort worth has caused this instrument to be
signed in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by
its City Secretary, with the Corporate Seal affixed; and the Engineer also has properly executed
this instrument in quintuplet copies each of which is deemed an original.
EXECUTED in the City of Fort Worth, this day of
A.D. 1995.
ATTE$T: CITY OF FORT WDRTH
By.
mice M. Church, City Secretary Mike Groomer `
Assistant City Manager
APPROVED: Garcia & Associates, Engineering, Inc.
By'
A. Douglas Rademaker, P.E., Director Rudy M. 6arcia, P.E.
Department of Engineering President
APPROVER AS TO FORM AND LEGALITY: OP& F
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Ccntrac Authorization
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Gary S teinberger
Assistant City Attorney
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Post-Ito,
Signature request
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EXHIBIT "A"
Som--Qf Servi e
1) when requested by the City, the Engineer shall attend preliminary conferences with
authorized representatives of the City regarding the project and such other conferences
as may be necessary in the opinion of the City so that the plans and specifications which
are to be developed hereunder by the Engineer will result in providing facilities which
are economical in design and conform to City design standards.
2) The Engineer shall attend such conferences with officials of other outside agencies as
may be necessary in the opinion of the City for coordination of the proposed North
Main Street Park and Ride Facility with the requirements of such other agencies. It shall
be the Engineer's duty hereunder to secure necessary information from such outside
agencies.
3) The Engineer shall advise appropriate City employees of test borings, and other
subsurface investigations that may be needed. In the event it is determined necessary to
make borings or excavate test holes or pits, the Engineer shall in coordination with the
City and the City's geotechnical engineering consultant, draw up specifications for such
testing program. The cost of the borings or excavations shall be paid for by the City.
4) The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
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which include layouts, preliminary right-of-way needs and cost estimates for the
Engineer's recommended plan. The Engineer shall secure written approval of the Phase
1 Plans from the appropriate City official before proceeding with Phase 2 preliminary
construction plans.
S) During the concept phase the Engineer shall coordinate with all utilities, including
utilities owned by the City, as to any proposed utility lines or adjustment to existing
utility lines within the project limits. The information obtained shall be shown on the
concept plans. The Engineer shall show the location of the proposed utility lines, existing
utility lines and any adjustments and/or relocation of the existing lines within the project
limits. The Engineer shall show on the preliminary and final plans the location of the
proposed utility lines, existing utility lines and any adjustments and/or relocation of the
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existing lines. The Engineer shall also evaluate the phasing of any water, sanitary sewer,
roadway and drainage work, and shall submit such evaluation in writing to the Director
of The Department of Engineering as a part of the concept phase of the project.
6) The Engineer shall provide necessary field survey for use in the preparation of plans and
specifications. The Engineer shall furnish the City the originals of the survey field book
notes.
7) The Engineer shall determine the rights-of-way and easement needs necessary for the
construction of the project. Engineer shall determine ownership of such land and furnish
the City with the necessary right-of-way sketches and prepare necessary easement
descriptions for acquiring the rights-of-way and/or easements for the construction of this
project. Sketches and easement descriptions are to be presented in form suitable for direct
use by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in
a minimum of four (4) copies each.
8) The Engineer shall make provisions for reconnecting all wastewater service lines which
connect directly to any main being replaced, including replacement of existing service
lines within City right-of-way by a licensed plumber. When the existing alignment of any
sanitary sewer main or lateral is changed, provisions will be made in the plans and/or
specifications by the Engineer to relocate all service lines which are connected to the
existing main and connect said service lines to the relocated main.
9) The Engineer shall provide detailed design data, cross-sections, profiles, drainage
calculations, estimates of cost and complete detailed plans and specifications which
include pavement markings on Collector and Arterial streets (48 feet or wider) in
accordance with the Manual on Uniform Traffic Control Devices and City of Fort Worth
Standard No. 2594. Lighting plans and details shall be provided.
10) The Engineer shall submit 20 copies of Phase 2 preliminary construction plans for review
by the City and for submission to utility companies and other agencies for the purposes
of coordinating work with existing and proposed utilities. The preliminary construction
plans shall indicate location of existing/proposed utilities and storm drain lines. The
Engineer shall secure written approval of the Phase 2 plans from the appropriate City
Official before proceeding with Phase 3 final construction plans.
11) The Engineer shall furnish five (5) copies of detailed Phase 3 final construction plans and
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four (4)copies of specifications for review by the City. The Engineer shall secure written
approval of the Phase 3 plans from the appropriate City official.
12) The Engineer shall secure the approval of the City of the final plans and specifications.
Evidence of such approval shall be the signatures of authorized City officials inscribed
on the plans. All Contract Documents shall comply in all respects with all applicable
local, state, and federal laws and with all applicable rules and regulations promulgated
by all local, state and national boards, bureaus and agencies.
13) The Engineer shall furnish 45 copies of Phase 4 final approved construction plans and
45 bound copies of the contract documents containing the Notice to Bidders, Proposal,
Labor Rates, Experience Records, General and Special Provisions, Specifications,
Insurance Statement, Performance and Payment Bonds, and Contract forms. The
approved plans and contract documents shall be used for construction as authorized by
the City for use in obtaining bids, awarding contracts, constructing and completing the
proposed improvements.
14) The Engineer shall furnish four (4) copies of detailed cost estimates and proposals for
authorized construction, which shall include summaries of bid items and quantities.
15) The Engineer shall if requested by the City assist in the tabulation and review of all bids
received for the construction of the improvements, and shall make recommendations to
the City concerning these bids. At any time during the construction of this project, the
Engineer shall advise on special aspects of the project at the request of the City. The
Engineer will review and approve shop drawings as necessary.
1 6} The original drawings of all plans shall be drawn in ink on reproducible cloth or
approved plastic film sheets, or as otherwise approved by the Department of Engineering
and 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; and further provided,
that the Engineer shall not be liable for the consequences of any changes that are made
to the drawings or changes that are made in the implementation of the drawings without
the written approval of the Engineer.
17) The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
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and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any revisions
necessary to bring the plans into compliance with the requirements of said agency,
including but not limited to highways, railroads, water authorities, Corps of Engineers
and other utilities.
18) If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at its own cost and expense, unless such changes are required
due to changes in the design of the facilities made by the permitting authority and after
approval of any of the phases by the City. If such changes are required, the Engineer
shall notify the City and an amendment to the contract shall be made if the Engineer
incurs additional cost. If there are unavoidable delays, a mutually agreeable and
reasonable time extension shall be negotiated.
19) The Engineer shall make investigations at its own cost and expense, revise plans and
specifications as necessary if field conditions show the original plans do not provide a
complete and workable project.
20) The setting of line and grade stakes and routine inspection of construction will be
performed by the Department of Engineering; provided, however, the Engineer shall be
available to the City on all matters concerning the project during the construction of the
project and will set control points in the field to allow Department of Engineering survey
crews to stake the project, the cost of which is included in this contract.
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EXHIBIT "Ame l"
The agreement for Architect/Engineer services shall provide an
adequate basis for the Grantee to require the Architect/Engineer
to:
(1) design the project in accordance with Exhibit A;
(2) include in all contracts and subcontracts of amounts in excess
of $100, 000 a provision which requires compliance with all
applicable standards, orders., or requirements issued under
Section 306 of the Clean Air Act (42 U.S. 1857 (h) ) , Section
508 of the Clean Water Act (33 U.S.C. 1368) , Executive Order
11738, and Environmental Protection Agency regulations (40
CFR, Part 15) , which prohibit the use under non-exempt Federal
contracts, grants or loans of facilities included on the EPA
List of Violating Facilities; the provisions shall require
reporting of violations to the EDA and to the U.S.
Environmental Protection Agency Assistant Administrator for
Enforcement;
(3) include in all contracts and subcontracts other than for small
purchases (procurement of services, supplies or other property
costing in the aggregate not more than $10,00o) provisions or
conditions which will allow for administrative, contractual or
legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and
penalties as may be appropriate;
(4) include in all contracts in excess of $10, 000 suitable
provisions for termination by the Grantee including the manner
by which it will be affected and the basis for settlement; in
addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as
conditions where the contract may be terminated because
of
circumstances beyond the control of the contractor;
(5) include in all contracts in excess of $10.,000 a provision
requiring compliance with Executive Order 11246, entitled
"Equal Employment Opportunity", as amended by Executive Order
11375, and as supplemented in Department of Labor regulations
(41 CFR, Part 60) ;
(6) include in all contracts for construction or repair a
provision for compliance with the Copeland "Anti-Kickback" Act
(18 USC 874) as supplemented in Department of Labor
regulations (29 CFR, Part 3) ; this Act provides that each
contractor or subgrantee shall be prohibited from inducing, by
any means, any person employed in the construction,
completion, or repair of public work, to give up any part of
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the compensation to which he/she is otherwise entitled; the
Grantee shall report all suspected or reported violations to
EDA;
[7� include in all construction contracts in excess of $2,000 a
provision for compliance with the Davis-Bacon Act (40 USC 2 7 6a
to a-7) a s supplemented by Department of Labor regulations (29
CFR, Part 5) ; under this Act contractors shall be required to
pay wages to laborers and mechanics at a rate not less than
the minimum wages specified in a wage determination made by
the Secretary of Labor; in addition, contractors shall be
required to pay wages not less often than once a week; a copy
of the current prevailing wage determination issued by the
Department of Labor must be included in each solicitation and
the award of a contract shall be conditioned upon the
acceptance of the wage determination; all suspected or
reported violations shall be reported to EDA; Davis-Bacon wage
determinations are not applicable to "Force Account" workers;
(8) include in all contracts in excess of $2, 000 for construction
contracts and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers a provision
for compliance with Sections 103 and 107 of the Contract work
Hours and Safety Standards Act (40 USC 327--330) as
supplemented by Department of Labor regulations (29 CFR, Part
5) ; under Section 103 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on
the basis of a standard work day of 8 hours and a standard
work week of 40 hours. Work in excess of the standard work
day or work week is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic
rate of pay for all hours worked in excess of 8 hours in any
calendar day or 40 hours in the work week; Section 107 of the
Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous,
or dangerous to his/her health and safety as determined under
construction, safety and health standards promulgated by the
Secretary of Labor; these requirements do not apply to the
purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation
or transmission of intelligence;
(9) include in all negotiated contracts (except those awarded by
small purchase procedures) a provision to the effect that the
Grantee, EDA, the Comptroller General of the United States, or
any of their duly authorized representatives, shall have
access to any - books, documents, papers, and records of the
contractor which are directly pertinent to that specific
contract, for the purpose of making audit, examination,
excerpts, and transcriptions;
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(10) include in all contracts a requirement that the contractor
maintain all relevant project records for three years after
the Grantee has made final payment to the contractor and all
other pending matters are closed;
(11) include in all contracts a provision recognizing mandatory
standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (P.L.
94-165) ;
(12) a specific timetable is contained in Exhibit Be
(13) observe any required subsurface explorations such as borings,
soil tests,, and the 1 ike, to determine amounts of rock
excavation or foundation conditions, no matter whether they
are performed by the Architect/Engineer or by others paid by
the Grantee;
(14) attend bid openings, prepare and submit tabulation of bids,
and make a recommendation as to contract award;
(15) review proof of bidder's qualifications and recommend approval
or disapproval;
(16) the City shall submit proposed contract change orders when
applicable; there shall be no charge to the Grantee when the
change order is required to correct errors or omissions by the
Architect/Engineer; to be eligible for EDA participation the
specific change order must have express approval from EDA and
must have some form of cost or price analysis performed by the
Grantee or the Architect/Engineer;
(17) submit a report at least quarterly to the Grantee covering the
general progress of the job and describing any problems or
factors contributing to delay;
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(18) prepare record drawings after completion of the project;
reproducible originals will be furnished to the Grantee within
60 days after all construction has been completed and the
final inspect ion has been performed* one set' of copies shall
be furnished to the EDA Regional Office upon request;
(19) comply with all applicable provisions of the Regulations of
the United States Department of Commerce (Part 8 of Subtitle
15 of the Code of Federal Regulations) issued pursuant to the
Civil Rights Act of 1964, in regard to nondiscrimination in
employment because of race, religion, color, sex or national
origin;
(20) incorporate into the proposed construction contract documents
a designation of all the different types of construction which
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will be used for the project; such as Building, Heavy or
Highway in accordance with all local and State laws and
practices; for this purpose either the plans, the
spec if icat ions or both shall clearly de 1 ineate where each type
stops and another starts;
(21) consider in the establishment of the compensation any cost
savings that may be realized through multiple use of the same
design;
(22) provide in all proposed construction contracts deductive
alternates (additive alternatives will not be approved by
EDA) , where feasible, so that should the lowest responsive
base bid for construction of the project exceed the funds
available, deductive alternatives can be taken to reduce the
]aid price;
(23) design for access by the handicapped to facilities to be used
by the public in accordance with Public Law, 90--480, as
amended, 42 USC 4151-4155;
(24) provide sufficient plans, specifications, bid sheets, cast
estimates, design analysis, and other contract documents
required for the project; the number of copies to be furnished
by the Architect/Engineer as part of his/her compensation for
basic services shall be specified; and
(25) use Grantee provided forms for instructions to bidders,
general conditions, contract, bid bond, performance bond, and
payment band which have EDA approval; all contract documents
shall be subject to EDA approval.
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t
Attachment "A"
SCOPE, OF SERVICES
1. Prelimina Phase:
A. Receive Notice to Proceed from City
B. Meet with City staff to define project requirements
C. Obtain existing and proposed plans for water, sanitary sewer, streets, storm sewers
and underground utilities on and adjacent to the project site.
D. Authorize topographic survey to be done by others
E. Direct geotechnical investigation to be accomplished by CFW subconsultant
F. Provide conceptual layout of proposed project site to utilize site to the best advantage
of the CFw. Best utilization of site "may not provide the most parking spaces but,
may be the most aesthetically pleasing". The City of Fort North staff will direct
acceptance of"best utilization", during this preliminary design phase.
O. Provide information on proposed bus shelters to be utilized on site(T standard)
H. Provide for preliminary design of storm water system to be tied into existing storm
water systems.
I. Include improvements to N.E. 20th Street required to provide for buses that will be
traveling south through the project.
J. Research Historical information available at City offices and at Stockyards offices.
Any discoveries made during the Historical search will be turned over to the City.
The Consultant will not be responsible for any action as a result of the historical
discovery.
K. Provide 3 copies of any Preliminary reports or documentation to accompany plan
layouts in F. above.
Desian Pha
A. Receive Notice to Proceed from Owner to begin final design documents on this
project.
B. Prepare final design layout based on Owners selection of preferred site presented
during the Preliminary Phase.
C. Prepare final Design to include lighting
D. Provide 3 copies of final Design documents at approximately the 90% completion
point for review by City staff- Documents to include plans and specifications. City
review period to be two weeks (10 working days).
E. Provide 10 copies of final Design plans and specifications to incorporate agreed to
changes coming from City review in D. above. Provide electronic media copy of
plans, specifications and contract documents, that are unique to this project.
F. Meet with City staff to review final plans and specifications provided in E. above.
O. Completion of the above meeting in F. above will complete Consultants contract on
this project.
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EXHIBIT "B"
PHASES AND SCHEDULES
Phase l: Preliminary designs, alternatives, studies, drainage area calculations, peak flows,
review of City's master water/sewer plans and reports in sufficient detail to
indicate generally the problems involved and the alternate solutions available
including layouts, recommended construction methods, cost estimates and the
Engineer's recommendations shall be submitted within fourteen (14)calendar days
after "Notice to Proceed".
Phase 2: Preliminary final design plans shall be submitted for review by the City and
utility companies and other agencies within twenty--one (21) calendar days after
approval of Phase 1.
Phase 3: Final construction plans and specifications shall be submitted for final review
within seven (7) calendar days after approval of Phase 2.
Phase 4: Final construction plans and specifications shall be submitted for advertising
within seven (7) calendar days after approval of Phase 3.
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EXHIBIT "C"
METHOD of PAYMENT
Partial payment shall be made monthly upon receipt of an invoice from the Engineer outlining
the amount of hours worked by each employee, the employee's name and classification, and the
employee's salary rate along with itemized charges for any subcontract and reproduction work
performed during the period covered by said invoices.
The aggregate of such monthly partial payments shall not exceed the following:
Until satisfactory completion of Phase 1 hereunder, a sum not to exceed 45 percent of the
maximum fee.
Until satisfactory completion of Phase 2 hereunder, a sum not to exceed 70 percent of the
maximum fee, less previous payments.
Until satisfactory completion of Phase 3 hereunder, a sum not to exceed 80 percent of the
maximum fee, less previous payments.
Until satisfactory completion of Phase 4 hereunder, a sum not to exceed 95 percent of the
maximum fee, less previous payments.
Balance of earnings to be due and payable after the preconstruction meeting for the project.
a
r
EXHIBIT "D"
Garcia & Associates Engineering, Inc.
Compensation
Park & Ride Facility
September 6, 1995
The Consultant shall be compensated for actual hours worked by the employees engaged in
performing the Scope of Work at the actual hourly rates times a multiplier of 2.74, determining
the actual billing rate as indicated below. The actual hourly rate of an employee is to be
established by a) dividing the employee's yearly salary by 2080 hours/year, or b) the employee's
yearly compensation divided by the number of hours worked. The overhead rates proposed are
inclusive of all employee benefits, all fringe and overhead costs, general and administrative costs,
and all other allowable indirect costs except reimbursables. Costs that are to be treated as
Reimbursables will be compensated at actual cost or specified rates for the expense items. Please
see table below for employees' actual billing salary rates.
EMPLOYEES' SALARY/BILLING RATE
EMPLOYEE POSITION HOURLY MULTIPLIER ACTUAL
RATE BILLING RATE
RUDY M. GARCIA, P.E. PRINCIPAL 32.00 X 2.74 X 87.68
JOHN T. WALKER, P.E. PROJ MGR 28.85 X 2.74 X 79.05
J. THERON DARR, P.E. PROJ MGR 22.75 X 2.74 X 62.34
EDWARD GUTIERREZ, P.E. PROJ MGR 21.63 X 2.74 X 59.27
GREGORY L. BILK, EIT ENGINEER 16.00 X 2.74 X 43.84
JASON L. CHRANE, EIT ENGINEER 15.50 X 2.74 X 42.47
RONALD L. SPRINKLE SR TECH 17.00 X 2.74 X 46.58
ANTHONY L. O'QUINN SR TECH 16.00 X 2.74 X 43.84
S. MICHAEL EMMET CADD TECH 11.25 X 2.74 X 30.83
M. CARMEN JAMISON ADM ASST 11.00 X 2.74 X 30.14
AMY L. CHANDLER SECRETARY 6.00 X 2.74 X 16.44
Exhibit "E"
Garcia & Associates Engineering Co.
Summarized Engineering Fees
Stockyards Park and Ride
City of Fort worth
September 12, 1995
Phase 1 - Preliminary Design $ 1102.00
Phase 2 -Final Design $11,251.00
Phase 3 - Final Design Corrections $ 1,957.00
Subcontracts $ 7,012.00
Boundary Survey $ 15320.00
Estimated Reimbursable Reproduction 1:1650-00
Final Fee $ 35,092.00
Attachment "E"
Garcia & Associates Engineering Co.
Compensation Summary
Fee Breakdown
Stockyards Park& Ride
City of Fort worth
September 12, 1995
Final Fee $ 35,092.00 (Exhibit E)
Fee breakdown by estimated construction cost:
Storm Sewer 2500 6.63% $ 2,239.08
NE 20th St. 46,780 12.41% $ 4,191.11
Park& Ride 305,250 80.96% $ 27,341.81
Boundary Survey 1,200 (1.1) $ 1,320.00
Final Fee $ 35,092.00
GARCIA & ASSOCIATES
ENGINEERING,INC.
Exhibit "F"
Engineer's Opinion of Probable
Construction Cost
PAGE 1 OF 1
DATE: 07/25/95 JOB NO.: 95-005
OWNER: city of Fort Worth, Texas CLIENT: City of Fort Worth, Texas
PROJECT DESCRIPTION:
Park & Ride Facility
_ on North Main Street
-_ITEM UNIT
NO. DESCRIPTION OF ITEM TOTAL _�_ UNIT PRICE' COST
I _
1.0 `Clearin and Grubbing _ 3.50 Ac $2,500.00 - $8,750.00
_T
--T�2.0 Grading (Exay. and Embankment) 10,000.00 Cy 1 $4.00! $40,000.00
- -- 3.0 !Lime _ ; _ 90.00 TN $90-001 $8,100. {
:Lime Stabilization of Sub grade 7,500.00 SY $3e00 ! $22,500.00
5.0 ;'6" Reinforced Concrete Pmt ! 7,500.00 SY $20.00 $1_50,000.00
6.0 l New 7" Concrete Curb 4,300.00 LF $3.00 $12,900.00
7.0 Bus Shelters 2.00 EA $10,000.00 i $20,000.00
{_ 8.0 NE E 20th Street ! T
8.1 Lime Stabilization -- 1,900.00 SY $3.00 $5,700.00
8.2 ILime _ _ 20.00 TN $90.00 $1,800.001
8.3 ;New 7" Concrete Curb 425.00 LF $3.00 $1,275.00 i
- _
8.4 6" Reinforced Conc. Pvmt. ! 1"900.00 SY $20.00 f $38,000.00,
9.0 'Electrical for Li htin 1.00 LS $7,000.00 -T$7,000.00
10.0
Light Standards (incl. foundations) 18.00 EA $2,000.00 ` $36,000.061,
11.0 !Storm Water System
11.1 Curb Inlets 3 EA $1,600-00! $4,800.001
11.2 l New Reinf. Conc. Pipe (24" RCF- 300 LF $55.00 $16,50
f 5 ft. Depth) Complete-in-Place
i
11.3 1Tap Exist. Reinforced Conc. 1 LS $11500.00 $1,500-9001
i
'
Pipe Culvert
! 11.4 {Ad'ust Exist. Curb Inlets to new 1 LS $2,200.00 $2,200.00!
grade (NE 20th Street)
i
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SUBTOTAL $377,030.00
Prepared by: Contingency 1596 $56,550.00
TOTAL $433,580.00
Checked by:
Since the design professional has no control over the cost of labor,materials,yr uipment,or over the contractors method of determining prices,or over competitihn
conditions,bidding or market his opinions of probable construction costs provided for herein are to be made on the basis of his experience and qualifications. These
opinions represent his best judgment as a design professional familiar with the construction industry. However,the design professional cannot and does not
guarantee that proposals,bids,or the construction cost will not vary from opinions of probable cost prepared by him. ff the owner vs Wes greater assurance as to the
construction cost,he shall employ an independent cost estimator.
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City of-Fort Wortk Texas
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Mayor a
DATE REFERENCE LOG NAME PAGE
NUMBER **C--1498
08/29/95 30PARK 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH GARCIA & ASSOCIATES ENGINEERING, INC.,
FOR NORTH MAIN STREET PARK AND RIDE FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an
engineering agreement with Garcia &Associates Engineering, Inc.,for a fee not to exceed
$35,092,00 to prepare plans and specifications -for North Main Street Park and Ride
Facility,
DISCUSSION:
On August 30, 1994 (M&C G-10782), the City Council authorized the City Manager to
submit an amended grant application to the U.S. Department of Commerce's Economic
Development Administration (EDA) in the amount of $7,500,000 for infrastructure
improvements in the Stockyards area and to accept and execute the grant if offered. The
amended grant application included the construction of North Main Street Park and Ride
Facility. EDA subsequently approved the City's application for the $7,500,000 grant .
Garcia & Associates Engineering, Inc., located at 5850 Manhattan Boulevard, Suite 105,
Fort Worth, Texas, proposes to perform the work for a fee not .to exceed $35,092.00.
Staff considers this fee to be fair and reasonable for the scope of services to be
performed.
Garcia & Associates Engineering, Inc., is a certified DBE; therefore, this. contract
represents 100% DBE participation.
This project is located in DISTRICT 2, Mapsco 52 L.
FISCAL INFORMATIONXERTIFICATION:
The Director of Fiscal Services certifies that funds required for this contract are available
in the current capital budget, as appropriated, of the Grants Fund.
MG:a
kism-sed or City Manager's FUND ACCO CENTER AMOUNT 1U1111JWJW;Wy
Off[ce by: eo)
M&e Groomer 61Q
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rigiixiatfng par ea ILIG 29 14p5
A. Douglas Rademaker 6157 m `
or Addifiond rms n city Selort cretary of the
Contact: City 01 70,; Tewo
A. Douglas Rademaker 6157