HomeMy WebLinkAboutContract 62005CSC No. 62005
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule
municipality ("CITY"), and Garver LLC., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Design and Bidding Support
Services for a Vehicle Service Road at Fort Worth Spinks Airport.
The Agreement documents shall include the following:
1.
This Standard Agreement for Professional Services;
2.
Attachment "A" —
Scope of Services;
3.
Attachment "B" —
Compensation;
4.
Attachment "C"
— Project Schedule;
5.
Attachment "D"
— Federal Contract Provisions
Attachments "A", "B", "C", and "D" which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. In the event of any conflict between the
terms and conditions of the Attachments and the terms and conditions set forth in the body
of this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed
$73,300.00 as set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below,
and shall continue until the expiration of the funds or completion of the
Scope of Services contemplated herein, whichever occurs first.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 1 of 20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including
but not limited to meeting the requirements set forth in Attachment A and
B to this AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under
this AGREEMENT until paid in full. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto
and identified in more detail within Attachment "A" herein.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 2 of 20
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
(3) ENGINEER will not be responsible for damage to underground utilities
if ENGINEER followed all preventative measures before any
geotechnical, potholing, construction, or allowing other subconsultants
working under a subcontract to this Agreement access to do the
same. Preventative measures shall include, but is not limited to,
having requested and waited for all utility companies to properly mark
their respective utilities before conducting any work as described in
this section.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 3 of 20
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which, subject to Section VI.B, when delivered
to the CITY pursuant to this AGREEMENT, shall become the property of the
CITY. CITY may use such drawings in any manner it desires; provided,
however, that the ENGINEER shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on -site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 4 of 20
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 5 of 20
Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the CITY has goals for the participation of minority
business enterprises and/or small business enterprises in CITY contracts.
ENGINEER acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the ENGINEER may
result in the termination of this Agreement and debarment from participating
in CITY contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this Section. The CITY shall give
ENGINEER reasonable advance written notice of intended audits.
Notwithstanding anything in this AGREEMENT, the CITY's audit rights are
limited to cost reimbursable and time and material services.
(2) ENGINEER further agrees to include in all its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subcontractor, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subcontractor
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this Section
together with subsection (3) hereof. CITY shall give subcontractor
reasonable written advance notice of intended audits.
(3) ENGINEER and subcontractor agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 6 of 20
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, bodily injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non -owned
autos, when said vehicle is used in the course of the PROJECT. If the
ENGINEER owns no vehicles, coverage for hired or non -owned is
acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers' Compensation
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 7 of 20
— ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of $100,000.00 each
accident for bodily injury by accident or $100,000.00 each employee for
bodily injury by disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims -made policy, of $1,000,000.00 per claim and aggregate. The
policy shall contain a retroactive date prior to the date of the contract or
the first date of services to be performed, whichever is earlier. Coverage
shall be maintained for a period of 5 years following the completion of the
contract. An annual certificate of insurance specifically referencing this
project shall be submitted to the CITY for each year following completion
of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. To the extent of ENGINEER's indemnity obligations, applicable policies
shall be endorsed to name the CITY an Additional Insured thereon,
subject to any defense provided by the policy, as its interests may
appear. The term CITY shall include its employees, officers, officials,
agents, and volunteers as respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY by ENGINEER. A ten (10) days
notice by ENGINEER shall be acceptable in the event of non-payment of
premium. Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 8 of 20
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A -(minus) or greater, in the current
A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first -dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
i. The CITY hereby accepts ENGINEER's self -insured retention in
excess of $25,000 as part of this AGREEMENT.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual AGREEMENT. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage commensurate with the subconsultant's
scope of work as required by the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 9 of 20
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
AGREEMENT was executed, the ENGINEER shall revise plans and
specifications, as required, as a part of existing authorized fees between the
CITY and ENGINEER, meaning the ENGINEER will not invoice or submit
for payment to City for these types of design changes. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this AGREEMENT which the ENGINEER could
not have been reasonably aware of or otherwise were not in affect at the
time of execution of this AGREEMENT, the ENGINEER shall notify the CITY
of such changes and an adjustment in compensation will be made through
an amendment to this AGREEMENT.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 10 of 20
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment C to this AGREEMENT.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights -
of -way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment C.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 11 of 20
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of CITY, CITY hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 12 of 20
or person regarding the PROJECT a provision that such entity or person
shall have no third -party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 13 of 20
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER (see "Deliverables" in Attachment A), whether in hard copy
or in electronic form, are instruments of service for this PROJECT, whether
the PROJECT is completed or not. Reuse, change, or alteration by the
CITY or by others acting through or on behalf of the CITY of any such
instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The CITY shall own the final designs, drawings,
specifications and documents that are delivered to the CITY in accordance
with the requirements of this AGREEMENT; provided however, any and all
underlying intellectual property, if any (unless provided by CITY), shall
remain the property of ENGINEER such that ENGINEER may continue to
perform its business in the normal course. Upon payment in full,
ENGINEER shall grant CITY an irrevocable, non-exclusive, royalty -free
license to use the same for the purposes contemplated under this
AGREEMENT.
C. Force Majeure
CITY and ENGINEER will exercise good faith efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held
liable for any delay or omission in performance due to force majeure or other
causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance, or regulation; acts of God;
acts of the public enemy; fires; strikes; lockouts; natural disasters; wars;
riots; epidemics or pandemics; government action or inaction; orders of
government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board,
department, commission, or agency of the United States or of any States;
civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable
control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended
during the period of, and only to the extent of, such prevention or hindrance,
provided the affected Party provides notice of the Force Majeure Event, and
an explanation as to how it prevents or hinders the Party's performance, as
soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City
in its sole discretion. The notice required by this section must be addressed
and delivered in accordance with this Agreement.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 14 of 20
D. Termination
(1) This AGREEMENT may be terminated
a.) by the CITY for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within ten (10) days' written notice or thereafter fails
to diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses, including those incurred for purchasing
electronic data files and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against third
party liability for any damage committed by the ENGINEER or
ENGINEER's agent, consultant under contract, or another entity over
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 15 of 20
which the ENGINEER exercises control to the extent that the damage
is caused by or resulting from an act of negligence or intentional tort
resulting in bodily injury (including death) or tangible property
damage, intellectual property infringement (except to the extent
information and/or technology was provided by the CITY), or failure to
pay a subcontractor or supplier (provided ENGINEER has received
payment for services from CITY) in conjunction with performance of
this AGREEMENT. CITY is entitled to recover its reasonable attorney's
fees in proportion to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all CITY ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. The foregoing obligation to abide by applicable
laws, regulations, and ordinances is applicable throughout the term of this
AGREEMENT. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees as a result of third -party
claims or liability arising out of the violation of any such applicable order, law,
ordinance, or regulation, whether it be due to action under this
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 16 of 20
AGREEMENT by itself or its employees, in conjunction with or related to the
performance of ENGINEER'S services under this AGREEMENT.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES INCURRED BY THIRD PARTY GOVERNMENTAL
AUTHORITIES DUE TO VIOLATIONS OF APPLICABLE LAW
DESCRIBED UNDER THIS PARAGRAPH AND COMMITTED BY
ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER,
shall have the right to immediately terminate this AGREEMENT for
violations of this provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
If ENGINEER has fewer than 10 employees or the AGREEMENT is for
less than $100,000, this section does not apply. ENGINEER
acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott
Israel" and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, Engineer certifies that Engineer's signature provides
written verification to CITY that ENGINEER: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the AGREEMENT.
M. Waiver of Special and Punitive Damages
NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE
CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS,
AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE
LIABLE TO THE OTHER FOR ANY SPECIAL (CONSEQUENTIAL OR
INDIRECT) AND PUNITIVE DAMAGES OF ANY KIND REGARDLESS
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 17 of 20
OF THE CAUSE OR ACTION.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B.
13, § 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from
the company that it: (1) does not boycott energy companies; and (2) will
not boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added
by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, ENGINEER certifies that ENGINEER's
signature provides written verification to the CITY that ENGINEER:
(1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1).
To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, ENGINEER certifies
that ENGINEER's signature provides written verification to the CITY
that ENGINEER: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 18 of 20
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
Duly executed by each party's designated representative to be effective on the date
subscribed by the CITY'S designated Assistant City Manager.
(Signature page to follow)
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 19 of 20
BY:
CITY OF FORT WORTH
--A4-WA4--✓L
Valerie Washington (Sep 17, 202419:38 CDT)
Valerie Washington
Assistant City Manager
Date: Sep 17, 2024
APPROVAL RECOMMENDED:
By:
Roger Venables
Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Er&yv L . 2d-de,w
Erin Roden
Senior Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY
BY:
GARVER, LLC
Vice President
Date: September 12, 2024
1,24
By: Candace Pagliara (Sep 17,6102415:16 CDT)
Candace Pagliara
Assistant City Attorney
4� anu
p;�FORt��O
�e d Form 1295 No. N/A
ATTEST:
pia o=d
a°�pp4 a
M&C No. N/A
Jannette Goodall
City Secretary
M&C Date N/A
Standard Agreement for Design of a Vehicle Service Road at
Fort Worth Spinks Airport
Between City of Fort Worth and Garver, LLC
Page 20 of 20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
GARVER
ATTACHMENT A
(SCOPE OF SERVICES)
Generally, the Scope of Services includes the following professional services for improvements to the
Access Drive at Fort Worth Spinks Airport. The Scope of Services is for the design services performed
by Garver, LLC (hereinafter referred to as "Garver") for Fort Worth Spinks Airport (hereinafter referred
to as "Owner"). A summary of the fee can be found in Exhibit B. Improvements will consist primarily of
reconstructing the Access Drive pavement between Taxiway M and Taxiway K and improving the
drainage along the adjacent parking lot.
• Project Administration
• Surveying Services
• Geotechnical Services
• Design Services
o 90% Final Design
0 100% Issued for Bid
• Bidding Services
1. PROJECT ADMINISTRATION
1.1. Garver will serve as the Owner's representative for the project and furnish consultation and
advice to the Owner during the performance of this service. Garver will attend conferences
alone or with Owner's representatives, local officials, state and federal agencies, and others
regarding the scope of the proposed project, its general design, functions, and impacts.
2. SURVEYING SERVICES
2.1. Lamb -Star Engineering, LLC, as a subconsultant to Garver, will provide field survey data from
field work for designing the project, and this survey will be tied to the Owner's control network.
Survey team members will be escorted by the Owner's staff and will be required to complete
the non -movement area driving guide provided by the Owner's staff. The following is a
summary of the surveying services provided under this Scope of Service,
2.1.1.Controls. Establish horizontal and vertical control utilizing the Primary and Secondary
Airport Control Stations while providing a control statement describing how horizontal and
vertical control will be established. All control will be based on NAD83 (2011) horizontal
datum and NAVD88 Geoid 12B vertical datum.
a) Establish a minimum of two horizontal control points and one vertical benchmark for
each quarter mile or route survey or each 15 acres of site survey, unless otherwise
specified.
b) Survey shall be provided in ground coordinates with a CAF provided for grid
conversion.
2.1.2. Survev T000araohv. The topographic survey limits for the Access Drive will consist of
approximately 1.0 acres between Taxiway M and Taxiway K. The subconsultant will
perform survey to obtain topography and above ground features (manmade or otherwise)
only within the aforementioned areas, including all:
a) Ditches and swales with flowline, top, and toe of bank information.
b) Electrical structures, edge lights (including center of light and foundation) signs
(foundations), cable, and duct markers.
GARVER
c) Storm sewer manholes and pipes with flow line and outfall data to the next drainage
structure, even if located outside of the project limits, as well as pipe sizes.
i. Note invert flow directions based on N, S, E, W, or NW, SE, etc.
ii. Pipe sizes, shape, and material.
iii. For inlets, note the number and size of grates.
d) Utilities (call One Call) only within the aforementioned areas.
i. Existing visible aboveground utility structure and markers shall be located and
referenced by name (i.e. Oncor, Verizon, AT&T, FAA, etc.)
e) Pipe crossings and tags
f) Pavement centerlines, edges, and lips. All survey limits shall end at the nearest
existing pavement joint.
g) Pavement markings.
h) Concrete joints.
i) Data at a 50-foot grid minimum for grass and pavement areas.
2.2. The subconsultant will maintain coordination efforts with Garver and Airport Operations
pertaining to daily site access and the daily limits of work coordination efforts.
2.3. The subconsultant shall process the survey data and provide Garver with one (1) copy of the
following within 45 calendar days of the signed agreement:
a) File suitable for uploading into AutoCAD Civil 3D.
b) Standard CD containing all raw data files or ASCII files of the survey and drawing files.
The XYZ files shall be formatted as Point Number, Northing, Easting, Elevation, and
Description.
3. GEOTECHNICAL SERVICES
3.1. Southwestern Testing Laboratories, LLC, dba STL Engineers & Laboratories (STL), as a
subconsultant to Garver, will be responsible for obtaining, interpreting, and evaluating
geotechnical data necessary for the design of this project. The following is a summary of the
geotechnical services provided under this Scope of Services.
3.2. Field Investiqation.
3.2.1. STL will drill five (3) borings within the existing pavement to a depth of 10 feet below
existing grade (BEG) and three (1) test pits. All borings will be performed during daytime
hours.
3.2.2. Field personnel will drill the borings using truck -mounted equipment. Cohesive and non -
cohesive soil samples will be obtained using three-inch diameter Shelby tube samplers
(ASTM D-1587) and two-inch diameter standard split -spoon samplers (ASTM D-1586),
respectively. At the completion of drilling operations, bore holes will be backfilled and
plugged with soil cuttings, non -settling granular materials and either Portland cement
concrete or asphalt (if necessary).
3.2.3. An engineering geologist or soils technician will extrude the samples in the field, check
the samples for consistency with a hand penetrometer, carefully wrap them to preserve
their condition, and return them to the laboratory for testing. A log of each boring will be
prepared to document field activities and results.
3.2.4. STL will stake or mark the boring locations on the ground using normal taping
procedures and a handheld GPS unit. Boring locations will be shown on the plan of
borings.
GARVER
3.2.5. If necessary, STL will perform ground penetrating radar at all bore locations to ensure
no underground utilities exist in the bore area. Traffic control may also be performed by
placing barricades and placing a person in charge of monitoring traffic while on the
project site.
3.3. Laboratory Investiqation.
3.3.1.STL will perform laboratory tests as follows:
a) Moisture content and soil identification
b) Atterberg Limits (liquid and plastic limit determinations)
c) Percent of soil passing #200 sieve
d) Unconfined compression tests
e) Soluble sulfates/pH tests
f) Lime series
g) Swell — Shrink tests
h) Bulk samples of predominate subgrade will be collected for laboratory CBR
testing for both untreated and lime treated soil.
3.4. Engineering Services.
3.4.1. The engineering report will be prepared by senior registered engineers and will present
the results of field and laboratory data together with the analyses of the results and
recommendations. STL will provide one paper copy of the report and one digital copy.
The report will address each of the following:
a) Soil boring logs of each test hole including:
i. Approximate surface elevation
ii. Elevation, thickness, description, and classification of each soil stratum
iii. Location and type of soil samples
iv. Laboratory and field results at appropriate depth
v. Apparent location of water table, if encountered
vi. Location of obstructions.
b) Soil identification and classification in accordance with the Unified Soil
Classification System (ASTM D 2487).
c) Results of laboratory testing and procedures, appropriate to site conditions, as
follows:
i. Classification of potential volumetric swell and shrinkage characteristics of
cohesive soils by means of Atterberg Limit Test (ASTM D 4318)
ii. Water content (ASTM D 2216)
iii. Passing No. 200 Sieve Tests (ASTM D 1140)
iv. Pocket penetrometer
v. Unconfined Compressive Tests (ASTM D 2166)
vi. Dry (unit weight) of soils
vii. Modified Proctor (ASTM D 1557) and Standard Proctor (ASTM D 698)
viii. CBR (ASTM D 1883)
ix. Lime Series test
x. Soluble Sulfates (Tex 145-E)
xi. pH Testing (Tex 128-E)
d) Recommendations for Geotechnical design considering soil parameters
associated with the site conditions:
i. Two recommendations for preparation of subgrade of the proposed
pavement section:
GARVER
a. Lime Treated Subgrade (recommended application rate, and CBR
and k-values for lime treated subgrade).
b. A recommendation for subgrade that can expedite construction (i.e.
an equivalent amount of base in lieu of lime).
ii. Recommendations regarding surface and subsurface drainage, during and
after construction.
iii. Recommendations regarding preparation of existing soils (native or
otherwise) including recommendations regarding undercut and backfill.
iv. Recommendations on typical rigid pavement section
a. Garver will develop a traffic mix in coordination with the owner and
provide that to STL to perform rigid pavement design
recommendations in accordance with the City of Fort Worth
Transportation design criteria.
V. Recommendations regarding rock excavation and unsuitable excavation.
vi. Recommendations regarding embankment construction, including material
and construction requirements.
vii. All recommendations will adhere to the FAA Advisory Circular 150/5320-6G.
4. DESIGN SERVICES
4.1. General: Garver will prepare detailed construction drawings, specifications, instructions to
bidders, and general provisions and special provisions, all based on guides furnished to
Garver by the Owner, or internally developed by Garver. Contract Documents (Plans,
Specifications, and Estimates) will be prepared for award of one (1) construction contract.
These designs shall conform to the standards of practice ordinarily used by members of
Garver's profession practicing under similar conditions and shall be submitted to the Owner
office from which approval must be obtained.
4.2. Owner / Aaencv Coordination: Garver's project manager and/or design team will coordinate
with the Owner as necessary to coordinate design decisions, site visits, document
procurement, or other design needs.
4.3. Proiect Manaaement Plan / Quality Control Procedures
4.3.1. Garver will develop a project specific project management plan. The project
management plan will include the project background, scope of work, stakeholder
contact information, project team organization and roles, design criteria, project
schedule, deliverables, and quality control procedures.
4.3.2. Garver will complete quality control reviews for each deliverable prior to any design
submission to Owner. Quality control reviews will be completed by qualified project
managers, project engineers, and/or senior construction observers who are
experienced in the relevant discipline and design elements under review. Weekly
internal progress meetings will be held during all design phases to ensure adequate
quality control throughout the design phases.
4.4. Airspace Analvsis: Garver will prepare and submit the project to the FAA for permanent
airspace clearance on the Obstruction Evaluation and Airport Airspace Analysis (OE/AAA)
website and coordinate with FAA representatives.
4.5. Construction Safetv and Phasing Plan
GARVER
4.5.1. Garver will develop a construction safety and phasing plan (CSPP) for the project.
During development of the CSPP, Garver will hold a meeting with Airport staff and other
stakeholders at the Airport's request to obtain feedback regarding operations during
each proposed phase of construction.
4.5.2.After receiving comments from the meeting, Garver will develop a preliminary CSPP for
the Owner's review prior to submission to the FAA. After incorporating Owner comments,
the CSPP will be submitted to FAA for review through the OE/AAA website.
4.6. Existinq Conditions Review
4.6.1.Record Document Review: Garver will review record document data from the vicinity of
the construction site to evaluate existing conditions. Record document data may include
record drawings, record surveys, utility maps, GIS data, and previous design reports.
4.6.2.Site Visits: Garver's civil engineers will perform up to one (1) site visits to the project site
to review existing conditions and evaluate survey and record document data.
4.7.Geometric Design: Garver will provide geometric design in accordance with local standards.
4.8. Modeling.: Garver will develop preliminary vertical alignments based on the American
Association of State Highway and Transportation Officials (AASHTO) design criteria per the
local standards. Upon the completion of vertical alignments, assemblies will be developed
based on the pavement design and corridors will be modeled for the roadway alignment.
Modeling will include all surface changes from centerline of corridor to tie into existing grade
for the project site. At the completion of individual corridor developments, all corridors will be
combined into a final grading surface. Modeling will be an iterative process to determine the
most efficient design solution.
4.9. Grading and Drainage: Grading and drainage design shall be completed in accordance with
FAA AC 150/5300-13 (Airport Design), FAA AC 150-5320-5 (Airport Drainage Design), and
applicable local drainage codes.
4.10. Plan Set Development
The following matrix details the plan drawings to be included in each design submittal.
GARVER
Design Phase
Plan Set
9001.
Final
100 0
Issued for
Bid
Cover Sheet
X
X
Sheet Index
X
X
General Notes
X
X
Project Layout Plan
X
X
Survey Control Plan
X
X
Construction Safety Plans
X
X
Construction Safety Details
X
X
Existing Conditions / Demo Plans
X
X
Erosion Control Plans
X
X
Erosion Control Details
X
X
Pre -Development Drainage Area Map
X
X
Post -Development Drainage Area Map
X
X
Drainage Calculations
X
X
Drainage Plans
X
X
Drainage Details
X
X
Typical Sections
X
X
Paving Plans
X
X
Paving Details
X
X
Grading Plans
X
X
Grading Details
X
X
Joint Layout Plans
X
X
Joint Details
X
X
Pavement Marking Plans
X
X
Pavement Marking Details
X
X
Cross Sections
X
X
GARVER
4.11. Specifications and Contract Documents
4.11.1. Technical Specifications: Detailed specifications shall be developed using FAA
"Standards for Specifying Construction for Airports" AC 150/5370-10 (latest edition) or
other appropriate standards approved for use by the FAA. Additional supplementary
specifications will be developed for project requirements not covered by FAA
AC150/5370-10 or when state or local standards are approved by the FAA.
4.11.2. Construction Contract Documents: Garver will develop construction contract
documents based on Owner provided template. A specimen copy of the General
Provisions and applicable prevailing wage rates will be obtained by Garver from the
FAA and/or Department of Labor as appropriate for incorporation into the specifications
for the proposed project. Final construction contract documents will be submitted to
the Owner for final review and approval.
4.12. Quantities and Enqineer's Opinion of Probable Cost: Garver will develop detailed
quantities in PDF format for use in construction cost estimating for each design phase.
Quantities will be completed by pay item. Upon the completion of quantity development,
Garver will review previous cost data and market conditions and complete an Engineer's
Opinion of Probable Cost.
4.13. Design Services Submission and Meetinq Summarv: The following design submittal
phases shall be included in the fee summary. A summary of each design phase and the
associated review meetings is included below.
4.13.1. 90% Final Design
4.13.1.1. Garver will develop 90% final design plans, specifications, and engineer's
report and submit these to the Owner for review. It is anticipated that the
Owner will review the design submission within two (2) weeks.
4.13.1.2. At the completion of the Owner review period, Garver will meet with the
Owner to review the 90% final design plans, specifications, and engineer's
report and to receive Owner comments and direction. The Issue for Bid
phase will not start until this meeting has been completed and a Notice to
Proceed (NTP) has been issued.
4.13.2. 100% Issued for Bid (IFB): Garver will develop 100% IFB plans and specifications
and submit these to the Owner for review. It is anticipated that the Owner will review
the IFB submission within two (2) weeks.
5. BIDDING SERVICES
5.1. Bidding. Garver will assist the Owner in advertising for and obtaining bids or negotiating
proposals for one prime contract for construction, materials, equipment and services; and,
where applicable, maintain a record of prospective bidders to whom Bidding Documents have
been issued, attend a pre -bid conference. The Owner will pay advertising costs outside of this
contract.
5.2. Garver will issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents. Garver will consult with and advise the Owner as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
GARVER
contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such
acceptability is required by the Bidding Documents. Garver will consult with the Owner
concerning the acceptability of substitute materials and equipment proposed by Contractor(s)
when substitution prior to the award of contracts is allowed by the Bidding Documents.
5.3. Garver will attend the bid opening, prepare a bid tabulation, and assist the Owner in evaluating
bids or proposals and in assembling and awarding contracts for construction, materials,
equipment, and services. Garver will assist the Owner in the execution of all contract
documents and furnish a sufficient number of executed documents for the Owner and
Contractor.
6. PROJECT DELIVERABLES
6.1. The following deliverables will be submitted to the parties identified below. Unless otherwise
noted below, all deliverables shall be electronic.
• 90% Final Design Plans and Specifications to the Owner and City of Fort Worth.
• 100% Issued for Bid Plans and Specifications to the Owner and City of Fort Worth.
7. ADDITIONAL SERVICES
7.1. The following items are not included under this agreement but will be considered as additional
services to be added under Amendment if requested by the Owner.
• Redesign for the Owner's convenience or due to changed conditions after previous
alternate direction and/or approval.
• Deliverables beyond those listed herein.
• Environmental Coordination
• Airfield Electrical Design Services
• Pavement Design beyond that furnished by the Geotechnical Subconsultant.
• Design of any utility relocation.
• Water or Sanitary Sewer Utility Design.
• Engineering, architectural, or other professional services beyond those listed herein.
• Retaining walls or other significant structural design.
• Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction
contract documents will require the Contractor to prepare, maintain, and submit a SWPPP
to TCEQ.
• Construction Administration Services, On -Site Construction Observation, and Construction
Materials Testing.
• Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
• Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
• Services after construction, such as warranty follow-up, operations support, and Part 139
inspection support.
8. SCHEDULE
8.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall
complete the work within a mutually agreeable schedule with the Owner.
Attachment B
Compensation
Fort Worth Spinks Airport
Access Drive
Title I Service
Lump Sum
Surveys (Lamb -Star)
Lump Sum
Geotechnical (Stl)
Lump Sum
90% Final Design
Lump Sum
100% Issued For Bid
Subtotal for Title I Service
Fee Type
Estimated Fees
$
11,600.00
$
17,400.00
$
34,000.00
$
10,300.00
$
73,300.00
Attachment B
Fort Worth Spinks Airport
Access Drive
90% Final Design
WORK TASK DESCRIPTION
E-4
E-3
E-1
hr
hr
hr
1. Project Administration
Coordination with Client
1
2
Internal (Weekly) Progress Meetings (4)
1
4
8
External Coordination (Subs, Utilities, Etc.)
2
Site Visit (2 people, 1 trip)
4
4
Prepare for Final Plan Review Meeting
1
Attend Final Plan Review Meeting
4
4
Prepare and Distribute Final Review Meeting Minutes and Tasks
1
1
CFW Permitting Coordination
10
Subtotal - Project Administration
2
28
17
2. Civil Engineering
Develop Geometric Layout
1
2
Develop Horizontal Alignments
1
2
Develop Vertical Alignments
1
2
Develop Assemblies
1
Develop Corridor Model
12
Develop Pavement Traffic Mix
2
CSPP Submission to FAA Through OEAAA
1
4
90% Final Plans
Cover Sheet
1
Sheet Index
2
General Notes
2
Project Layout Plan
1
4
Survey Control Plan
4
Construction Safety Plans
1
4
Construction Safety Details
2
Existing Conditions / Demo Plans
1
4
Erosion Control Plans
4
Erosion Control Details
1
Pre -Development Drainage Area Map
4
Post -Development Drainage Area Map
4
Drainage Calculations
4
Drainage Plans
1
4
Drainage Details
2
Typical Sections
2
Paving Plans
1
Paving Details
Grading Plans
1
Grading Details
Joint Layout Plans
1
Joint Details
Pavement Marking Plans
1
Pavement Marking Details
Cross Sections
1
Develop Final Construction Contract Documents
3
Develop Final Technical Specifications
2
Develop Final Supplemental Specifications
3
Develop Final Quantities
Develop Final Opinions of Probable Construction Costs
1
Internal Quality Control (QC) Review
4 4
Incorporate QC Review Comments
Subtotal - Civil Engineering
4 32
Hours
6 60
SUBTOTAL - SALARIES:
$33,605.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $200.00
Postage/Freight/Courier $45.00
Office Supplies/Equipment and Travel Cost $50.00
Computer Modeling/Software Use $100.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $395.00
SUBTOTAL: $34,000.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $34,000.00
4
2
4
1
2
2
2
1
3
4
2
4
98
115
Attachment B
Fort Worth Spinks Airport
Access Drive
100% Issued For Bid
WORK TASK DESCRIPTION
E-4 E-3
hr hr
1. Project Administration
Coordination with Client
1
Internal Progress Meetings
1 1
CFW Permitting Finalization
4
Subtotal - Project Administration
1 6
2. Civil Engineering
100% Plans
Cover Sheet
Sheet Index
General Notes
Project Layout Plan
Survey Control Plan
Construction Safety Plans
Construction Safety Details
Existing Conditions / Demo Plans
Erosion Control Plans
Erosion Control Details
Pre -Development Drainage Area Map
1
Post -Development Drainage Area Map
1
Drainage Calculations
1
Drainage Plans
1
Drainage Details
Typical Sections
Paving Plans
1
Paving Details
Grading Plans
Grading Details
Joint Layout Plans
Joint Details
Pavement Marking Plans
Pavement Marking Details
Cross Sections
1
E-1
hr
0
1
1
1
1
1
1
1
1
1
1
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
Documents 4
Develop Issued for Bid Technical Specifications 1
Develop Issued for Bid Supplemental Specifications 1
Update Quantities
Update Opinions of Probable Construction Costs 1
Print and Submit 100% Issued for Bid Design Package
Subtotal - Civil Engineering 0 13
Hours 1 19
SUBTOTAL - SALARIES: $9,853.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $250.00
Postage/Freight/Courier $45.00
Office Supplies/Equipment and Travel Cost $52.00
Computer Modeling/Software Use $100.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $447.00
SUBTOTAL: $10,300.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $10,300.00
2
1
2
33
33
ATTACHMENT C
Fort Worth Spinks Airport (FWS)
Vehicle Service Road
Project Design Schedule
ID
Task Name
Duration
2025
(Start
Sep Oct Nov Dec Jan Feb Mar Apr Mav Jun
1
Notice to Proceed
1 day
Mon 9/16/24
2
Design Kickoff Meeting
1 day
Mon 9/16/24
3
Geotechnical Investigations
24 days
Thu 9/19/24
4
j Field Work
1 day
Thu 9/19/24
5
Draft Bore Logs
1 day
Fri 10/4/24
6
Report
23 days
Fri 9/20/24
7
75 days
Wed 9/18/24
8
9
Internal Deadline
1 day
Thu 11/14/24
10
QC Review
1 day
Fri 11/15/24
11
Incorporate Internal QC Comments
3 days
Mon 11/18/24
12
External Deadline
1 day
Thu 11/21/24
13
Design Review Period (Airport)
11 days
Fri 11/22/24
14
Development Services Groups Review and Comment Period
32 days
Fri 11/22/24
15
16
Internal Deadline
1 day
Wed 1/15/25
17
QC Review
0 days
Thu 1/16/25 1/16
18
Incorporate Internal QC Comments
2 days
Fri 1/17/25
19
External Deadline
1 day
Tue 1/21/25
20
IFB Design Review Period (Airport)
11 days
Wed 1/22/25
21
Development Services Groups Review and Comment Period
30 days
Wed 1/22/25
22
Bidding Services
41 days?
Wed 3/5/25
31
Fonstruction Co
30 days
Wed 4/30/25
Page 1
ATTACHMENT D
FORT WORTH..
"I'll
City of Fort Worth
Federal Contract Provisions
Federal Contract Provisions
Page 2 of 25
FCP-1 ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the
Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their
duly authorized representatives access to any books, documents, papers and records of the Contractor which
are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract
for a period of not less than three years after final payment is made and all pending matters are closed.
FCP-2 BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to enforce
the rights of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions
the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to
withhold payments to Consultant until such time the Consultant corrects the breach or the Owner elects to
terminate the contract. The Owner's notice will identify a specific date by which the Consultant must correct
the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach
by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
FCP-3 GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent
statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts
and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited
English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be
excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract.
FCP-4 TITLE VI SOLICITATION NOTICE:
The City of Fort Worth, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it
will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses,
or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be
afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English proficiency),
creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.
CITY OF FORT WORTH
Federal Contract Provisions
Revised March, 2023
Federal Contract Provisions
Page 3 of 25
FCP-5 CIVIL RIGHTS — TITLE VI ASSURANCES
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the ("Contractor"), agrees as follows:
Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply
with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be
amended from time to time, which are herein incorporated by reference and made a part of this
contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
will not discriminate on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor will not participate directly or indirectly in the discrimination
prohibited by the Nondiscrimination Acts and Authorities, including employment practices when
the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the contractor's
obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of
race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with
such Nondiscrimination Acts and Authorities and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration,
as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it
or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the Sponsor or the
Federal Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor
may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In
addition, the Contractor may request the United States to enter into the litigation to protect the
interests of the United States.
CITY OF FORT WORTH
Federal Contract Provisions
Revised March, 2023
Federal Contract Provisions
Page 4 of 25
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as implemented
by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations (ensures nondiscrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087
(2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 USC § 1681, et seq).
FCP-6 CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC §
CITY OF FORT WORTH
Federal Contract Provisions
Revised March, 2023
1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the
Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
FCP-7 CERTIFICATION OF CONSULTANT REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the consultant certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation
in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose
to a higher tier participant that it was excluded or disqualified at the time it entered the covered
transaction, the FAA may pursue any available remedies, including suspension and debarment of the
non -compliant participant.
FCP-8 DISADVANTAGED BUSINESS ENTERPRISES
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements
of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor
to carry out these requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate, which may include, but is not
limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non -responsible.
Bid Information Submitted as a matter of responsiveness:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsiveness, the contractor must submit the following information with its
proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) W itten statement from contractor that attests their commitment to use the DBE firm(s) listed
under (1) to meet the City of Fort Worth's project goal
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If contractor cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the contractor as described in appendix A to 49 CFR part 26. The documentation
of good faith efforts must include copies of each DBE and non -DBE subcontractor quote
submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on
the contract.
Bid Information submitted as a matter of responsibility:
The City's award of this contract is conditioned upon contractor satisfying the good faith effort
requirements of 49 CFR § 26.53.
As a condition of responsibility, every contractor must submit the following information before any
contract will be awarded.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will
participate in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from contractor that attests their commitment to use the DBE firm(s) listed
under (1) to meet the City of Fort Worth's project goal;
5) Written confirmation from each listed DBE firm that it is participating in the contract in the
kind and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith
efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The
documentation of good faith efforts must include copies of each DBE and non -DBE
subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a
DBE for work on the contract.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime contractor
receives from City of Fort Worth. The prime contractor agrees further to return retainage payments
to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any
delay or postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the City of Fort Worth. This clause applies to both DBE and non -
DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor who met all requirements and were listed
under the bid information submission requirements listed above (or an approved substitute DBE firm)
without prior written consent of City of Fort Worth. This includes, but is not limited to, instances in
which the prime contractor seeks to perform work originally designated for a DBE subcontractor with
its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials
for which each is listed unless the contractor obtains written consent from City of Fort Worth. Unless
City of Fort Worth consent is provided, the prime contractor shall not be entitled to any payment for
work or material unless it is performed or supplied by the listed DBE.
City of Fort Worth may provide such written consent only if City of Fort Worth agrees, for reasons
stated in the concurrence document, that the prime contractor has good cause to terminate the DBE
firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to City of Fort Worth its request to terminate and/or substitute a DBE subcontractor,
the prime contractor must give notice in writing to the DBE subcontractor, with a copy to City of Fort
Worth, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise
City of Fort Worth and the contractor of the reasons, if any, why it objects to the proposed termination
of its subcontract and why City of Fort Worth should not approve the prime contractor's action. If
required in a particular case as a matter of public necessity (e.g., safety), City of Fort Worth may
provide a response period shorter than five days.
In addition to post -award terminations, the provisions of this section apply to preaward deletions of or
substitutions for DBE firms put forward by offerors in negotiated procurements.
FCP-9 TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging
while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives
for its employees and other work personnel that decrease crashes by distracted drivers, including
policies that ban text messaging while driving motor vehicles while performing work activities
associated with the project. The Contractor must include the substance of this clause in all sub -tier
contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities
associated with the project.
FCP-10 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR
PROCUREMENTS
The Consultant certifies by signing and submitting this contract, to the greatest extent practicable, the
Consultant has provided a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement,
and other manufactured products) in compliance with 2 CFR § 200.322.
FCP-10 SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions
of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as
if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor
standards for full and part-time workers. The Consultant has full responsibility to monitor compliance
to the referenced statute or regulation. The Consultant must address any claims or disputes that arise
from this requirement directly with the U.S. Department of Labor — Wage and Hour Division.
FCP-11 TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States
Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that
is a citizen or national of a foreign country included on the list of countries that discriminate
against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker subject
to prosecution under Title 18 USC § 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous
by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with
49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included
on the list of countries that discriminate against U.S. firms published by the USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR
list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render, in good faith, the certification required by this provision. The knowledge and
information of a contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts. The Contractor may rely
on the certification of a prospective subcontractor that it is not a firm from a foreign country included
on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror
has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation
of the contract or subcontract for default at no cost to the Owner or the FAA.
FCP-12 CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder
or Offeror, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
FCP-13 PROHIBITION OF SEGREGATED FACILITIES
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal
Employment Opportunity clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin
because of written or oral policies or employee custom. The term does not include separate or
single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between
the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject
to the Equal Employment Opportunity clause of this contract.
FCP-14 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer
must provide a work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The employer retains full responsibility to monitor its compliance and
their subcontractor's compliance with the applicable requirements of the Occupational Safety and
Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that
pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety
and Health Administration.
FC -15 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use
and procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-16 CERTIFICATION OF CONSULTANT REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The Consultant must complete the following two certification statements. The Consultant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a
checkmark (✓ ) in the space following the applicable response. The Consultant agrees that, if
awarded a contract resulting from this solicitation, it will incorporate this provision for
certification in all lower tier subcontracts.
Certifications
1) The Consultant represents that it is ( _ ) is not (Z) a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability.
2) The Consultant represents that it is(_) is not( �) is not a corporation that was convicted
of a criminal violation under any Federal law within the preceding 24 months.
Note
If a Consultant responds in the affirmative to either of the above representations, the Consultant is
ineligible to receive an award unless the sponsor has received notification from the agency
suspension and debarment official (SDO) that the SDO has considered suspension or debarment
and determined that further action is not required to protect the Government' s interests. The
Consultant therefore must provide information to the owner about its tax liability or conviction to
the Owner, who will then notify the FAA Airpolts District Office, which will then notify the
agency's SDO to facilitate completion of the required considerations before award decisions are
made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-four
(24) months of a felony criminal violation under any Federal law and includes conviction of
an offense defined in a section of the U.S. code that specifically classifies the offense as a
felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability.
FCP-17 TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as
explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models,
drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and
materials prepared by the Engineer under this contract, whether complete or partially complete. Owner
agrees to make just and equitable compensation to the Consultant for satisfactory work completed up
through the date the Consultant receives the termination notice. Compensation will not include
anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for
errors or omissions in documents that are incomplete as a result of the termination action under this
clause.
FCP-18 TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that
are essential to the completion of the work per the terms and conditions of the Agreement. The party
initiating the termination action must allow the breaching party an opportunity to dispute or cure the
breach. The terminating party must provide the breaching party [7] days advance written notice of its
intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement
Program Projects Issued on June 19, 2018 Page 67 necessary to cure the breach, and the effective date
of the termination action. The rights and remedies in this clause are in addition to any other rights and
remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate
this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within
the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to
endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are
essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must
immediately discontinue all services affected unless the notice directs otherwise. Upon termination of
the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings,
specifications, reports, maps, photographs, estimates, summaries, and other documents and materials
prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to
make just and equitable compensation to the Consultant for satisfactory work completed up through the
date the Consultant receives the termination notice. Compensation will not include anticipated profit on
non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this clause. If, after finalization
of the termination action, the Owner determines the Consultant was not in default of the Agreement, the
rights and obligations of the parties shall be the same as if the Owner issued the termination for the
convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement
in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make
payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for
more than [ 180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of
termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of
terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach
mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights
and remedies it may have, proceed with terminating all or parts of this Agreement based upon the
Owner's breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled
to invoice Owner and to receive full payment for all services performed or furnished in accordance with
this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective
date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this clause.
FCP-19 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use
and procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
FCP-20 VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub -tier contractors must give preference to covered veterans as defined within
Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian
Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies
when there are covered veterans readily available and qualified to perform the work to which the
employment relates.
FORT WORTH
Routing and Transmittal Slip
Aviation
DOCUMENT TITLE:
M&C CPN
DATE: 9/17/2024
TO:
1. Joe Hammond
2. Roger Venables
3. Candace Pagliara
4. Valerie Washington
5. Janette Goodall
59
Department
FWS Vehicle Service Road Design Agreement
105708 CSO #
INITIALS
Yff
JH
RV
CP
�5
DOC#
DATE OUT
Sep 17, 2024
Sep 17, 2024
Sep 17, 2024
Sep 17, 2024
Sep 18, 2024
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑x No
RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑x Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 541 for pick up when completed. Thank you.