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HomeMy WebLinkAboutContract 46484 CITY SECRETANIf f� CONTWACT NO, �[ CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and KSA Engineers, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Box Hangar at Spinks Airport. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $103,950.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this M AGREEMENT, to reasonably substantiate the invoices. n M (2) The ENGINEER will issue monthly invoices for all work performed under this C M AGREEMENT. Invoices are due and payable within 30 days of receipt. n (3) Upon completion of services enumerated in Article I, the final payment of a any balance will be due within 30 days of receipt of the final invoice. ca a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services �II��CII��CO11� Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY 1R0RTH9 TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and fumishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. 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 conceming the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Dale:912412014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in ,pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to City of Fort Worth,Texas Standard Agreement for Engineenng Related Design Services Revised Date:9124/2014 Page 3 of 16 discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the 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 City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Dale:9/24/2014 Page 4 of 16 affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured 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 by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 6 of 16 i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, 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 request required insurance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Dale:9/24/2014 Page 7 of 16 documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8of16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 9 of 16 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 10 of 16 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date 9/24/2014 Page 11 of 16 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained 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 Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 12 of 16 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (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 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 of Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 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, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. i. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT; Attachment A - Scope of Services Attachment B — Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Executed and effective this the day of . BY: BY: CITY OF FORT WORTH ENGINEER KSA Engineers, Inc ��+ r Fernando Costa Joncie H. Young, P.E. Assistant City Manager President Date: .5 Date: ZO Zq APPROVAL RECOMMENDED: By: William Welstead Director, Aviation Department APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Date: By: Grant Jord Assistant City Attorney ATTEST: %0 C MaryJ. se j►°��°oe°°�'�'C City Secret FUS City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 OFFICIAL RECORD Page 16 of 16 CITY SECRETARY FT.WORTH,TX ATTACHMENT "A" SCOPE FOR ENGINEERING DESIGN RELATED SERVICES FOR Box Hangar at Spinks Airport City Project No. TBD The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The project is for engineering services to design a 10 Unit Box Hangar at Fort Worth Spinks Airport, as shown in Attachment "E" SCOPE OF SERVICES The PROJECT scope is based on providing the services described herein. Any deviations from the accepted conceptual design layout once notice has been given to the ENGINEER to begin the Design Phase may require a change to the Project scope and fees. The Project will be designed to meet the current requirements of the Federal Aviation Administration (FAA), CITY, and Texas Accessibility Standards (TAS). If standards conflict, the most stringent standard shall govern. It is understood that the CITY shall provide the following documents to the ENGINEER: • Design aircraft for the project area, including types of aircraft expected and the number of anticipated annual operations for each aircraft. Services to be provided by the ENGINEER include the following: A. Field Topographic Survey After written authorization to proceed, ENGINEER shall: • Coordinate and Schedule Utility Locates. • Coordinate and obtain topographic survey of the proposed project site. Payment to the ENGINEER will be made at the actual survey cost + 15% for coordination. The 15% coordination cost will cover insurance and time expended. B. Preliminary Engineering Phase After written authorization to proceed, ENGINEER shall: • Consult with CITY to clarify and define the scope of the Project, design requirements for the Project, and review available data. • Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. City of Fort Worth,Texas Attachment A Page 1 of 4 • Prepare conceptual design layouts for the proposed site development improvements. Provide digital copies of the conceptual design layouts and review with the CITY. • Conduct a Geotechnical Investigation of the site as required for the hangar foundation design and taxilane pavement design. • Perform preliminary Drainage Calculations. • Based on the information obtained in the Preliminary Engineering Phase, submit a preliminary opinion of probable construction costs. The ENGINEER's services under the Preliminary Engineering Phase will be considered complete when the conceptual design layout documents have been accepted by the CITY. C. Design Phase After completion of the Preliminary Engineering Phase, the ENGINEER shall: • Prepare design documents for the following milestones: 1) 60%, 2) 90%, and 3) sealed design documents. Design documents shall consist of civil drawings and specifications, building foundation drawings and specifications, and a list of all quantities associated with the noted work. After the 90% submittal review meeting and prior to submitting sealed design documents, the ENGINEER will coordinate final document approval with the CITY via email submission. • The ENGINEER's design shall include: providing finished floor elevations; building foundation design; aircraft pavement, including taxilanes and apron areas; vehicular pavement, including driveways and parking areas; concrete access sidewalks and curb ramps; general site grading; erosion control design; drainage improvements; utility improvements necessary to provide water and sewer stub-outs within each hangar unit; and electrical and lighting improvements within the proposed hangar. Note the following with respect to the ENGINEER's design: • Security improvements to the site are excluded from this proposal. • The following utilities are excluded from this proposal: fiber optic cable, phone/internet service, and cable service. • The hangar foundation shall be designed using a slab on grade foundation. The use of piers or a post tensioned slab will require the renegotiation of Foundation Design fees. • If the CITY significantly alters the accepted conceptual design layout once notice has been given to the ENGINEER to begin the Design Phase, a change to the Project scope and fees may be required. The ENGINEER's services under the Design Phase will be considered complete once sealed design documents have been submitted to the CITY. D. Permitting Phase The ENGINEER shall prepare the following permits and/or authorizations, though all associated fees have been excluded from this contract, unless otherwise noted: City of Fort Worth,Texas Attachment A Page 2 of • CITY Plan Review (excludes "Third Party Review'); • CITY Fire Department Review (assumes fire rated walls are included but a sprinkler system is not required); • Notice of Proposed Construction or Alternation, in accordance with the FAA's Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) requirements; and • Texas Department of Licensing and Regulation (TDLR) plan review and construction inspection (fees included in this proposal). The preparation and associated fees for the following permits are excluded from this contract: • CITY Building Permit; • CITY Building Inspections; • CITY Certificate of Occupancy; • CITY Impact Fees; • CITY Transportation Impact Analysis & Fees; • TCEQ Notice of Intent; • CITY Platting; • Storm Water Pollution Prevention Plan; • CITY Urban Forestry or Landscaping Permits; and Other permits not previously denoted. E. Deliverables The ENGINEER shall collect and consolidate all design drawings and specifications from all involved design firms (Architect, MEP, etc.) for distribution of deliverables to the CITY. All involved design firms shall provide digital plans (22" x 34" scale) and specifications to the CONSULTANT prior to each design milestone submission. Deliverables shall be as follows for each phase: • 60% Design Submittal o Three (3) complete 22" x 34" bound plan sets and three (3) sets of specifications to the CITY (1-Fire Department, 2-Engineering Department) for review; o Two (2) complete 11" x 17" bound plan sets and one (1) set of specifications to FWS and the Department of Aviation for review; 90% Design Submittal o Three (3) complete 22" x 34" bound plan sets and three (3) sets of specifications to the CITY (1-Fire Department, 2-Engineering Department) for review; o Two (2) complete 11" x 17" bound plan sets and one (1) set of specifications to FWS and the Department of Aviation for review; • Sealed Bid Documents Submittal o Two (2) complete 22" x 34" bound plan sets, two (2) sets of specifications, and one (1) electronic CD to the CITY; o One (1) complete 22" x 34" bound plan set, one (1) complete 11" x 17" bound plan set and two (2) set of specifications to FWS and the Department of Aviation; City of Fort Worth,Texas Attachment A Page 3 of 4 F. TAS/TDLR Review After written authorization to proceed, ENGINEER shall: • Register for and obtain an accessibility review and inspection of the Project, in accordance with the Texas Department of Licensing and Regulation (TDLR). G. Construction Administration Phase Construction Administration Phase is not included. H. Closeout Phase Closeout Phase is not included: I. Exclusions • Survey Site Platting • Security Improvements • Stormwater Detention • Gas Service • Construction Materials Testing • Landscape Design (beyond re-vegetating disturbed areas) • Fiber Optic Cable, Phone/Internet Service, and Cable Service; and • Construction Surveying City of Fort Worth,Texas Attachment A Page 4 of 4 ATTACHMENT "B" COMPENSATION Project: Box Hangar at Spinks Airport City Project No. TBD COMPENSATION The ENGINEER shall be compensated on a lump sum basis were the total fee shall not exceed $103,950 as summarized below. Payment of the lump sum fee shall be considered full compensation for the services described in Attachment A, for all labor material, supplies, and equipment necessary to complete the project. The ENGINEER shall be paid monthly payments as described below. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Preliminary Construction Payment Engineering Design Permitting Administration Closeout Description Method Phase Fee Phase Fee Phase Fee Phase Fee Phase Fee Basic Engineering Lump sum $9,200 $64,632" $7,400— Not Included Not Included Additional Services: Topographic Surveying Reimbursable $4,968 +15% Geotechnical Reimbursable+ $16,215 Investigation 15% TDLR/TASReview Lump Sum $1,535 TOTAL $103,950 Above stated fees for Basic Design Services does not include environmental determinations. ** Design Phase fees were developed with an assumption of three (3) review meetings by the ENGINEER. Any additional meetings required may require a change to the Project scope and fees. *** Permitting Phase fees were developed based on preparation of permits excluding all required permit fees. City of Fort Worth,Texas Attachment B Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Box Hangar at Spinks Airport City Project No. TBD <Replace this line with list of any changes to the Standard Agreement> N/A City of Fort Worth,Texas Attachment C Page 1 of 1 ATTACHMENT "D" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Project: Design Services forBox Hangar at Spinks Airport City Project No. TBD Project Schedule • Preliminary Engineering Phase 6 weeks from Notice To Proceed 60% Design Submittal 4 Weeks from Notice to Proceed • 90% Design Submittal 3 Weeks from Notice to Proceed • Sealed Documents Submittal 1 Week from Final Approval of Construction Documents • Permitting As Required City of Fort Worth,Texas Attachment D PMO Release Date:05.19.2010 Page 1 of 1 ATTACHMENT E MAYOR AND COUNCIL COMMUNICATION MAP BOX HANGAR AT SPINKS AIRPORT '[- n - BenbrookBrwrh - Edce village POf2St 1"Iri1 Kenredale '! � rt• ri - �� r�37 - 1 r li sir Crowley Rendon y Plover Rd.itir"I � C�r++�ry.tle rer�d 1902'1 -! _. Im th.li•+a��l ice;! � F o~ U4 Burleson p9 915 n _ i 'F 400'- 3:34 0 se IN FEET.- Crocs Timo- F 14 pgr.. . 917 _ _ 4 7 , V r_t Egan ti"+i w 'Y 1 , aakr,n v� 0 1 Mile C , A DETAIL OF PROJECT LOCATION P:\Projects\FWS002\00.07 CAD\01 Marketing\30 Exhibits\West Hangar Development (10—Unit Box Hangar).dwg:tAY0UT2 DOE PROJECT BID NUMBER FORT WORTH (Please check one) MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, MWBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that,a firm is not currently M/WBE certified for City of Fort Worth contracts that film should immediately submit a completed certification application to the North Central Texas Regional Certification Agency(NCTRCA), 624 Six Flags Drive,Suite 100,Arlington,TX 76011.] 1. Name of Contract Box Hangar at Spinks Airport 2. Value of Original Contract$ 103,950.00 3. Name of Offeror/Prime Contractor or Consultant KSA Engineers, Inc. 4. The undersigned M/WBE Firm is prepared to perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or "install"or both): Geotechnical Investigation at the price of$ 12,750.00 Alliance Geotechnical Group, Inc. (Name of DBE Firm) (Date) Terry Oswald Circle one(Owner/Authorized Agent of DBE firm)Type or Print Name (Signature of Owner or Authorized Agent of DBE firm) 972-331-8809 972-444-8893 (Phone Number) (Fax Number) AFFIDAVIT OF OFFEROR/PRIME CONTRACTOR OR CONSULTANT I HEREBY DECLARE AND AFFIRM that I,JOncie Young, P.E.am the duly authorized representative of Circle one(Owner/Authorized Agent) KSA Engineers, Inc.and that I have personally reviewed the material and Name of Offeror/Prime facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity]who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct,and that I an authorized on behalf of the Offeror/Prime to make the affidavit. KSA Engineers, Inc. Joncie Young, P.E. Circle One(Owner/Authorized Agent)Type or Print Name (Name of Offeror/Prime)Type or Print (Signature of Owner or Authorized Agent) (Date) 903-236-7700 903-236-7779 (Phone Number) (Fax Number) 01/14/09 DOE PROJECT BID NUMBER FORT WORTH (Please check one) .� Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTOR/SUBCONSLILTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, MWBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that,a firm is not currently M/WBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency(NCTRCA),624 Six Flags Drive,Suite 100,Arlington,TX 76011.] 1. Name of Contract Box Hangar at Spinks Airport 2. Value of Original Contract$ 103,950.00 3. Name of Offeror/Prime Contractor or Consultant KSA Engineers, Inc. 4. The undersigned M/WBE firm is prepared 10 perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or "install"or both): Design Survey at the price of$4,320.00 Gorrondona & Associates, Inc. (Name of DBE Firm) (Date) Truett Wilson, RPLS Circle one(Owner/Authorized Agent of DBE firm)Type or Print Name (Signature of Owner or Authorized Agent of DBE firm) 817-496-1424 817-496-1768 (Phone Number) (Fax Number) AFFIDAVIT OF OFFERORIPRIME CONTRACTOR OR CONSULTANT I HEREBY DECLARE AND AFFIRM that I,Joncie Young, P.E.am the duly authorized representative of Circle one(Owner/Authorized Agent) KSA Engineers, Inc.and that I have personally reviewed the material and Name of Offeror/Prime facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity]who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct,and that I an authorized on behalf of the Offeror/Prime to make the affidavit. KSA Engineers, Inc. Joncie Young, P.E. Circle One(Owner)Authorized Agent)Type or Print Name (Name of Offeror/Prime)Type or Print (Signature of Owner or Authorized Agent) (Date) 903-236-7700 903-236-7779 (Phone Number) (Fax Number) 01/14/09 EXHIBIT "B-3" (Supplement to Attachment B) Box Hangar at Spinks Airport City Project No. TBD SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount % KSA Engineering See Attachment"B" 84,195.00 81.0% Proposed M/WBE Sub-Consultants Amount % Alliance Geotechnical Investigation 14,100.00 13.6% Geotechnical Group, Inc. Gorrondona & Design Survey 4,320.00 4.1% Associates, Inc. Access by Design TDLR Review and 1,335.00 1.3% Inspection Non-M/WBE Consultants: NIA tasks assigned to sub Prosect Description Scope of Services Total Fee MWBE Fee Percent 103,950.00 17,070 16.4% City M/WBE Goal =19.0 % 19,755 19.0% City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/17/2015 DATE: Tuesday, February 17, 2015 REFERENCE NO.: C-27177(Revised) LOG NAME: 55FWS BOX HANGAR AT SPINKS (02518) - R SUBJECT: Authorize Execution of an Engineering Services Agreement with KSA Engineers, Inc., in an Amount Up to $103,950.00 for Design, Bidding and Construction Phase Services Associated with Development of a Proposed Ten-Bay Hangar Complex at Fort Worth Spinks Airport (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Services Agreement with KSA Engineers, Inc., in an amount up to $103,950.00 for design, bidding and construction phase services associated with development of a proposed Ten-Bay Hangar Complex at Fort Worth Spinks Airport. DISCUSSION: The Fort Worth Aviation Department has constructed 27 hangars at Fort Worth Meacham International Airport through a combination of bonds, gas well funds and airport operating revenue. Although the Aviation Department typically partners with private developers for hangar construction on the airports, there are unique opportunities where the airport itself will choose to construct instead. Since Fort Worth Spinks Airport's (Spinks Airport) inception, it has operated in the red with over $250,000.00 in Spinks Airport's expenses subsidized from revenue produced by businesses at Meacham Airport. Opportunities for revenue generation at Spinks Airport are limited, as the ground rate is already at full market value. Further, under the Federal Aviation Administration's grant assurance requirements, Spinks Airport is required to make the airport as self-sustaining as possible. Therefore, to increase revenues and pursue fiscal sustainability, the Aviation Department is proposing to construct a ten-bay hangar complex on the west side of the airport. Spinks Airport has seen increased interest for hangar space and currently has a waiting list for aircraft looking to relocate from other airports. This demand includes large t-hangars and box hangars, which typically store aircraft owned by individual citizens. Additionally, Spinks Airport has seen an increase in aviation businesses seeking hangar space at Spinks Airport. The proposed box hangars will also meet the airport's small business needs within the General Aviation community. The Aviation Department owns all hangars on airport property, regardless of who constructed the facilities. If a developer makes the initial investment for hangar construction, the airport does not charge a hangar fee in order for the developer to realize a return on investment. Additionally, these facilities are tax exempt, allowing an increased return on their investment. If all Spinks Airport property were privately developed, the airport would still operate in the red. The ground rate received for land developed by private developers will not allow the airport to realize self-sustainability and therefore, its federal grant assurances. There are no other revenue sources that can resolve this issue. By constructing this ten-bay hangar complex and an additional second ten-bay hangar complex when demand calls for it, the airport will realize financial self-sustainability in the next five years. This facility will also bring additional aircraft and businesses to Spinks from competing airports, resulting in fuel flowage revenue for the Fixed Based Logname: 55FWS BOX HANGAR AT SPINKS (02518) - R Page 1 of 3 Operator and increased aircraft operations, which positively impacts federal funding of airport projects. This proposed development does compete with private businesses at Spinks. However, the Aviation Department will establish rates in accordance with the Federal Aviation Administration Compliance Manual, which requires us to maintain rates and charges in line with the market. The existing five-bay hangar complex, adjacent to this proposed ten-bay hangar, was constructed and managed by a private developer. It's currently fully occupied at a rate of$1,000.00 to $1,100.00 per unit, per month. This is the rate the Aviation Department intends to set, which does not undermine the rates of existing or planned development. Meacham Airport has set rates for hangars that are in-line with the market rates for over 30 years, with minimal impact to the existing developers and businesses. The ten-bay hangar complex will consist of approximately 36,000 combined square feet with each bay measuring 3,600 square feet and will be constructed in accordance with the Spinks Airport Master Plan. Upon the completion of construction, the Department will lease out each bay based on current market comparative values. The construction and leasing of these hangars will bring Spinks Airport significantly closer to meeting its federal grant assurance requirement of being financially self-sustaining by increasing annual revenue by approximately $132,000.00 annually. This revenue forecast is based on current rates for comparable airport box hangars. This Mayor and Council Communication is to award a contract for engineering design services in the amount of$103,950.00. The estimated total project cost, including design and construction activities, is $2,496,879.75. This proposal was unanimously approved by the Aviation Advisory Board on November 20, 2014. Additionally, there were no questions or comments from the public. Funding for this project was included in the City' s 2014 Mineral Revenue Trust Fund Distribution (M&C G- 18401). M/WBE Office - KSA Engineers, Inc., is in compliance with the City's BDE Ordinance by committing to 19 percent SBE participation on this project. The City's SBE goal on this project is 19 percent. Spinks Airport is located in COUNCIL DISTRICT 6, Mapsco 119Q. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the Airports Gas Lease Project Fund. The 2014 Mineral Revenue Trust Fund Distribution included appropriations in the amount of $358,809.00 for this purpose. To date, $0.00 of the appropriations have been expended. Upon approval of this recommendation, remaining funds in this project will be $254,859.00. Remaining project appropriations of$2,138,070 will come from future Airport Gas Lease Revenue. While no current year operating impact is anticipated with this action, upon approval increased operating revenues will be included in the long term forecast associated with years 2016-2020. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P240 539120 556820251830 $103,950.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Ruseena Johnson (5407) ATTACHMENTS 1. 05 Attachment E West Hangar Development (10-Unit Box Hangar)-Layout2.pdf (Public) Logname: 55FWS BOX HANGAR. AT SPINKS (02518) - R Page 2 of 3 2. 2518-DRAFT FAR.pdf (CFW Internal) 3. Aviation-2518.pdf (CFW Internal) 4. KSA Suspended Debarred Search.pdf (Public) Logname: 55FWS BOX HANGAR AT SPINKS (02518) - R Page 3 of 3