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HomeMy WebLinkAboutContract 5350-Renewal #4 • '�?�—C AWAV t � /Vl T IE STATE OF TEXAS COUNTIES OF DALLAS/TARRANT ] . THIS � � . CONTRACT entered into this the � � day ����a��i�fr 168, between the DALLAS/FORT WORTH REGIONAL AIRPORT BOARD at Arlington, • z • Texas, acting by and through its duly authori 2. prepare budgeting schedules relating to the planning, design and construction activities; . 3. Provide preliminary cost estimates for all-phases of . work within the Emineering Project; i 4. The. above planning schedules, budgeting schedules, and cost estimates as provided in 1-1, I--2, and 1-3, above, shall be provided within sixty (60) days from execution of this Contract; ' 5. Hstablish. and maintain cost control on all technical a.rid construction activities and submit monthly cost • control. reports; . w f�. Issue monthly progress reports and, in appropriate cases, recommend remedial action; '�. Consult, coordinate and maintain technical liaison as directed, with the Federal Aviation Agency, the 'texas Highway Department and•other governmental agencies; 8. Prepare necessary documents, exh ibits, maps, reports ' and information required by governmental' agencies prior to their participation in financing of the airport; 9. Assist in negotiating contracts with owners of existing utilities for the relocation of such utilities when requested; 4 10. Assist, when requested, in the resolution of disputes and disagreements between the Board and the construction 1 l - contractors; tors a l . PAGE TVIO ti .11. Provide operational and maintenance manuals fax' all " equipment installed in the Engineering Project* t; . r 120 -Prepare the scope.o f work for design and construction contracts; 1.3. Recommend to the Board qualified consultants in special-� .zed fields to be retained as subcontractors; ' 14. Retain with the approval. of -the Board qualified pro- fessional firms preferably from the Dallas Fort worth area hereinafter called "Associate Consultants", for detailed design and technical supervision of cons truc-� tion. Consultant will provide design control, direction, supervision, coordination and administration for all contracts; 15. Provide the Board with the following services relating to the Engineering Project t insofar as construction contrasts are concerned: ' (a) Review and recommend schedules for bidding and awards; fib] Assist in obtaining proposals from contras -- I tars, evaluate bids and recommend award actions; c) Provide, either directly or through Associate Consultants, technical supervision, inspection • coordination and administration through compl.e- tion► t^ the extent specified in each contract; PAGE THREE- i y i I 3.6. Payment for the services of the Associate Consultants shall be the sole responsibility of the Consultant. " YI. PLANNING AID DESIGN .. • P stall com l.ete preliminary plan-� The Consultant as requested n g or a in for phases of the Engineering Project ect to indicate elements, • �a outs o eraaxonal programming, stage developments, design and con• y , � P • fated cost estimates and budgeting require~ struc tion scheduling tai th re v define general and detailed design criteria, systems compo- nents, t g re are all information necessary to develop respective vents, and top p . design and contract do currents for the construction of the Engineering . Project elements* The Consultant shall coordinate with airline faci- 1i ties fanners -for facilities outside the Terminal Building to deter- requirements for the Engineering Project. The Consultant i • mne airline r eq . re are manuals of design and performance standards as guy-des shall p p • • in developing final designs e •• 2. The Consultant sul.tant shall subcontract to Associate Consultants design,the final ecifications, cost es tima tes and contracts o f the s P f o llowing a. Grading and drainage for terminal area, runways and taxiways, and cargo maintenance areas. b. Airfield paving for aprons, runways and taxiways, --_ taxiway wa extensions to cargo maintenance areas) and cross taxiway bridges. •field li. h ti.n^ and duct work for communication C, Airfield c,, distribution and power distribution. i from state Highway interchanges to a •point • • d. Access highways . of intersection under the cross taxiway bridges, other • secondary roads wi t�i.n Airport boundaries, fencing, �prlmary and second y r hzl.zpor? and s tolpor t, PAGE FOUR. s . Overall Project primary utili ties, with genera: . layouts for communications; power supply and dis- tribution; gas supply and distribution; water supply) • _ ..M"Storage and distribution; aircraft fueling storage and distribution; and sewerageis f f. Central utility, standby poorer plant, sewerage _ treatment and other utility buildings, 3. The Consultant shall supervise design activity and -review M the contract drawings, specifications, cost estimates and contract prepared documents which re have been axed by Associate Consultants, and which ch indicate changes to be made on the contract drawings, specifications and contract documents prior to advertising for bids. The Consultant shall submit these documents, after completion, to the Executive Director for approval, who shall make recommendations .to the Board as to advertising and awarding of construction bid contracts* 4. The Consultant shall review proposals and make recommendations on two tZj or more manufacturers for review by the Project Architect Board preparatory to the award of Contract or Contracts of and the p F Y . prototypes for the baggage handling and passenger transit sys tenis. 5. t The Consultant shall coordinate with FAA for the develop-- d and determine the requirements for duct banks and i s _ ment of Nava other elements. to to accommoda to necessary power, electronic. and con- trol facilities on the Airport site. 6: The Consultant shall coordinate with the Project Architect 1 ' on design matters relating to the aesr-hetics of design features as directed. PAGE-FIVE i xxx. TECHNICAL SUPERVISION OF CONSTRUCTION 1. Technical _Supervision by Consultant The Consultant' shall furnish an overall engineering construc- tion management organization to control and to coordinate the .tech- . . nical supervision effort for all work outlined in Section II, above.' � The Consultant shall be responsible for overall general technical. � construction supervision-, quality control.; interpretation of con--- • 4 . struc tion documents; contract adminis tra to on; Corr esp and encd with � construction contractors; preparation of change orders; approval' and processing of construction +contractors r partial and final pay- ment's and transmittal of drawings. The Consultant shall revie�or, check and approve all shop drawings and furnish the engineering supervision of their installation for the baggage handling and tran- sit systems-, if reques ted e . 2. Detailed Technical. Supervision The Consultant shall subcontract detailed technical supervision r to Associate Consultants on each of their respective contracts. • 3. 5urve.y par ties The Consultant shall provide survey parties as needed. r . . guality Control. Laborator • 7 The Consultant shall es tab fish• a central materials control lab-- oratory for all construction wvr�.. The labara tort' will. be equipped for the testing of soils, concrete and other cons truc tivn materials. The laboratory will be operated by an associate Consultant. .. lV. ADDITIONAL SERVICES . 1. The Consul Lint wi11 perf orn ad ii tional professional ant technical services as directed by the Bbard. 'AGE SIX V, COMPENSATION A. Basis of Compensation 1. The Board shall compensate the Consultant for the professional and technical services described above as •- follows: a. A sum equal to two (2) times the payroll, cost of all employees engaged on the work by the . Consultant.. Payroll.,cost is defined as the direct salary of an employee plus allowances ` for fringe benefits such as vacation, sick leave, payroll taxes, payroll insurances and employee profit sharing and bonus plans e F b. In addition, the Consultant shall receive a professional fee of one percent (1%) of the actual cost of construction for work designed by and under the direction of the Consultant* This fee shall be based upon the estimated construction cost and shall later be adjusted to the actual cost of construction. c. The Consultant shall be reimbursed as a direct expense for all costs such as 1) All subcontract costs entered into on behalf of the Board. 2] Actual out-of-pocket expenses incurred in performing the work, including ,trans-- . portation, vehicles and their operation, n relocation expenses,,subsistence, telephone ' toll calls, telegrams, printing and reproduc- Lion costs, and costs of electronic computer • and soils laboratory uses. 3 Actual per diem fees for special Consultants when engaged upon the work; provided that no PAIGE SEVEN Special Consultant shall be paid a per diem • of more than Two Hundred Fifty Dollars ($250.00) per day. d. 'For services of the Consultant under Paragraph II (Planning and Design), the Consultant's fee payable under paragraphs v.A.l.a. and v.A.l..c. shall, not exceed four percent (4%) of the actual cost of . construction. The Phase I Grading and Drainage design cost will be included in this computation. e. For services of the Consultant under Paragraph III (Technical supervision of Construction) to July 1, . 1972, the Consultant's fee payable under paragraphs V.A.I.a. and v.A.1.c. shall not exceed four and 83/100 percent (4.83I) of the actual cost of con- : struction. s f. In the event that the time for completion of the various contracts are in whole or in part delayed an unreasonable time due to acts of Gad, strikes, lock--outs, acts of the Government, insurrections, riots, contractor inefficiency or others acts beyond the control of the Consultant, then and in that P event the maximum limit on fee for services under Paragraph v.A. ..e. above shall be renegotiated and ad jus ted'accordingly. w Associate Consultant's compensation shall be credited • against the Cons ultant's fee. • 2. All payments to be made to the Consultant by the Board under ' and pursuant to this Agreement shall be due and owing and shall be made by the Board, solely from the proceeds of Joint Revenue Bonds on deposit from time to tine from the Joint Airport Fund PAGE EIGHT of the Cities of Dallas and Fort Worth, as reflected and contained • in the Contract and Agreement of the Cities, executed April 15, .1168, when and -as such .bands are- issued by the Cities. If any sums shall, become due and payable hereunder at a time or times when no such bonds are available, then the date of payment of said sums shall be the date upon which the Joint Airport Fund s receives proceeds from the next subsequent bond issue. During the time that no bond .proceeds are available to pay the sums true herein then the Consultant an t may stop work until they are . 1 available, B. Method of PayTent ! 1. Payment for the services of the Consultant, the Associate Consultant, and other subcontractors rendered under Paragraphs v.A. ..a. and V.A.1.c., above, shall be made monthly for work performed during the previous month, on the basis of invoices submitted by the rConsultant and approved by the Board, 2. Payment of the professional fee under V.A.l.b., above, shall be as follows a. One-quarter of one percent (1/4%) of estimated construction cost when design is fifty percent (50%) complete. b. One-quarter of one percent (1/4%) of estimated construction cost when plans, specifications and r . contract documents are completes c. One-half of one percent (1/2%) of construction cost of amount completed, based upon and payable with contractor's monthly requests for payment. d. The professional fee payable on the original f Contract for grading and drainage shall be limited 1 to one-half of one percent (1/2%) of the cost of said Project since plans and specifications are completed on same$ PAM NTNE I e. On completion of each construction contract, ad- ' justment of the professional. fee shall be made on the basis of actual construction costs based on approved final payment to each construction •r • Contractor. I F F • vie GENERAL ' • 4 A. Budget :• • 1. The Consultant shall prepare a budget for the estimated 3 compensation for services to be performed by the consultant, Associate Consultants and other subcontractors for the period ending September 30,' 1969. Be 'Reports . 1. The Consultant shall -submit to the Executive' Director . monthly 'reports relating compensation to work completed, and submit to the Executive Director any proposed revision for recommendation or Board ac'tion's w, 2. Not later than the first day of August of each year, the Consultant shall subxnit through the Executive Director to the Board a detailed•`breakdown of the budget and the specific services to be furnished during the next Fiscal year. 4 'C. Liaison . �. procedure All correspondence relating to this Contract shall be directed to "Director of En rincering", Regional Airport Board with carbon copies to the Executive Director* D. Release. } The Consultant shall. secure the approval. of the DALLAS f FORT V:ORTH REGIONIAL AIRPOI!Z` B.,%RD of the final plans and speci - 3 1 f ica tions, and the necessary signatures of the Bo,rd's Officials shall be placed on the plans. Al.l. plans and contract documents shall comply in all respects With all applicable Local., state • I • and federal laws,• and with all applicable rules and regulations promul.ga ted by all Local., state and national, boards, bureaus and agencies. Approval by the Board shall not constitute or be • deemed to be a release of the responsib.il i ty and liability of the Consultant, their agents., employees and subcontractors for • the accuracy and competency of their designs, working drawings, and specifications or other engineering documents. such ap--. proval shall not be deemed to be an assumption of such respon- sibility and liability by either the Board or the Cities of 1 Dal.l,as and Fort worth for any defect in the designs, working drawings and specifications or other engineering documents, • prepared by the Consultant, their agents, employees, and sub- , contractors, (it being the intent of the parties that approval by the Board signifies the Board y s approval of only the general r design concept of the improvements to be constructed) , In ' r this connection-the Consultant shall indemnify and hold the , Board and the Cities of Dallas and Fort Worth and all of their • officers, agents, servants and employees harmless from any loss, damage, liability or expense, on account of damage to property and injuries, including death, to all persons, including em-� -r =I pl.oyees of the Consultant or subcontractors, and all other persons performing any part of the work, which may arise out of any defect, doficiency or negligence of Consultant's designs, working drawings, specifications and other engineers ng documents incorporated into any improvements constructed in accordance therewith, and the Consultant shall, defend at their own -expense. any suits or other proceedings brought against the Board or the Cities of Dallas and Fort worth, their officers, . agents, servants and employees, or any of them on account i thereof, to pay all expenses and satisfy all judgments w hich may be. incurred by or rendered agains t them or any of them f 1 in connection therewith. s 1 I - PAGE FTYV EN • I Insurance The Consultant shall maintain the following insurance while working under this Contract with an insurance company . satisfactory to the Board with Limit of liability not less than the following: Workmen's Compensation Statutory Direct Public Liability $5002 000 $1,Coo,00 (Including Contractual) Direct Property Damage $1003000/$300,000 (Including Contractual.) ' Automobile Public Liability $50010001$1,0002000 Automobile Property Damage $100,000 Professional. Liability $13000,000 The Board and the Cities of Dallas and Fort worth shall be co-insureds under each Public Liability and Property Damage Policy* VII. FINANCIAL INTEREST Consultant represents that, they have no interest# fi.nancial or othenaise in the sale or purchase of any materials that will be re-- r 4 ui.red for the construction of improvements covered by this Contract. Failure to reveal an such interest in writing shall authorize the Board Y to void this Contract"and the Consultant shall be liable for a return of all fees advanced hereunder* VIII. PAYMENTS Payments shall. be made by the Board to the Consultant on all. ym . items of work upon Consultant furnishing evidence satisfactory to ' the Executive Director and the Board that the work for which partial payment is requested has been satisfactorily completed. Ix. CONTRACT PERSOINAL . The provis ions in this Contract shall be deemed personal to the Consultant and shall not be assigned in whole or in part without PAGE TWELVE I the consent of the Board, and the City Councils of the Cities of Dallas and Fort Worth. The final work product of the Consultant shall become the absolute property of the Board, including all of the work papers and work products of the Consultant and Associate Consultants. --X. TERMINATZON In the event of a major change, of officials of the Consultant's F P� artnershi or its default, or the inability of the Consultant to meet � any of the terms of this Contract, this Contract shall terminate on I thirty (30) days' written notice without liability on the Board or the Cities of Dallas and Fort Worth. XI. PAYMENT CAN TERMINATION . Upon termination of this Contract by the Cities, according to • its terms, with timely notice in. writing to the Consultant, said Consultant shah, be entitled only to compensation earned up to the time of the termination of the Contract by the Board. . XII, EFFECTIVE DATE • Any expend made by the Consultant within the terms hereof after the effective date of this Contract shah. be included and cov-- eyed under this Contract and for that purpose the effective date hereof shall be from and after the Ist day of September, 196811 • XII I. RECORDS . Records of the Consultant's direct personnel., and reimbursable expense pertaining to this Project and records of accounts shall be P P g kept on a enerall. recognized accounting basis and shall be available P generally to the Executive Director or his authorized representative at mutually convenient times. I XIV, ASSOCIATE CONSULTANTS I All Contracts and Agreements with Associate Consultants shall be approved by the Executive Director or his authorized representative and the Attorney for the Board. w I , PACE THIRTEEN IN WITNESS IMEREOF, the Parties hereto have set their signatures this the -'d ay of {mil_ '.,v , , 1968, the DALLAS/FORT WORTH f REGIONAL AIRPORT BOARD signing by and through its Executive Director, Thomas M. Sullivan, authorized to execute the same by a resolution adapted by the Board August 7, 1968,, attesting by its Secretary, � • Bayard H. Friedman, and TIPPETTS--ABBETTS- IcCARTHY--STPATTON, signing by and through Gerald T. McCarthy, Partner of said engineering firm, _ duly authorized to execute the same. DALLAS/FORT WORTH REGIONAL AIRPORT BOARD E ATTEST: � .. yr • f `-BAYARD H. FRIEDMAN, Secretary to the Board TIPPETTS-ABBETT--�IcCARTHY--STRATTON APPROVED AS TO FORM Y AIRPORT BOARD ATTORNEY By 7N� 001" zty Attorney of :"�. -�;�..� PAGE FOURTEEN