HomeMy WebLinkAboutContract 50277 , s
CITY SECRETARY 2
CONTRACT N0.
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CITY OF FORT WORTH, TEXAS
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Via STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and CP&Y, Inc. authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Rehabilitate Airfield Shoulders at Alliance Airport.
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 the amount up to $74,383.60 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 subject
matter contemplated herein, whichever occurs first.
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
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
City of Fort Worth,Texas
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CITY SECRETARY
F'G MR,N,TX
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
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 furnishing customary services incidental
thereto.
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
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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.
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
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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.
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
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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.
I. 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 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
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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
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 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, personal 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
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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.
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 — 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 attached to this AGREEMENT prior to its
execution.
b. 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
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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. 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.
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I. 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 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.
The doctrine of respondeat 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, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
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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.
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
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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.
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 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
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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
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.
I. 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.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
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
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 5 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;
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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'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 liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
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,
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Texas.
I. 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. 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.
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 DUE TO VIOLATIONS OF THIS PARAGRAPH 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
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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 contract, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER; (1) does not
boycott Israel, and (2) will not boycott Israel during the term of the
contract.
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. 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
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH CP&Y INC.
Fernando Costa Ste hen Conner
Assistant City Manager Vice President
Date: 2ZSf 8 Date: fig
APPROVAL RECO ENDED:
By. Z4/--5�1
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 34
Bill Welstead
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.
Name:
Title: A ek ►nn �� u�
APPROVED AS TO FORM AND LEGALITY
B : A�A IX� 1i 1UA0,,iA-,
Paige Me ane
Assistant City Attorney
FART �
ATTEST: _ice Q�:' 0.� orm 1295 No. N/A
KA ary J. Ka er. C No.: N/A
City Secretary
TEXPS M&C Date: N/A
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:11.17.17
Page 17 of 34 CITY SECRETARY
IFT.WORTH,TX
ATTACHMENT A
ALLIANCE AIRPORT
REHABILITATE AIRFIELD
SHOULDERS
SCOPE OF WORK
The Scope of Work for this project includes the following:
Project Overview/Scope of the Project
Fort Worth Alliance Airport (AFW) was opened in December 1989. In February 2013, CP&Y was
selected by the City of Fort Worth to serve as the General Engineer for the Fort Worth Alliance
Airport development projects. This task assignment falls under that master agreement.
The existing asphalt airfield shoulders at AFW are experiencing cracking and are in overall poor
condition. The intent of this task assignment is to rehabilitate the airfield shoulders to provide
additional service life to the asphalt pavement. The airfield shoulders included are:
Runway 16R—34L Runway 16L — 34R
Taxiway A Taxiway E
Taxiway B Taxiway F
Taxiway C Taxiway G
Taxiway D Taxiway H
Taxiway J
CP&Y plans to complete the following work tasks:
Task 1 —Preliminary Design (50%) Phase Services;
Task 2—Final Design Phase Services;
Task 3—Bidding Support Services; and
Task 4—Construction Phase Services
Task 1 — Preliminary Design (50%) Phase Services
A. Administration: CP&Y will provide interoffice administration and coordination
for the preliminary design phase services including interoffice meetings attended
by the project manager and engineers and general day to day project related
administrative tasks. Coordination and exchange of project related information
with AFW staff and any subconsultants who are a part of the team is included in
this task.
B. Kickoff Meetinq: CP&Y will conduct and participate in a kickoff meeting with AFW
staff.
C. Visual Condition Survey: CP&Y will perform field check to verify existing
conditions and document rehabilitation areas.
D. Preliminary Engineering Report: CP&Y will prepare a preliminary engineering
report.
Rehabilitate Airfield Shoulders
Attachment A
Fort Worth Alliance Airport
E. Preliminary Design (50%) Documents: CP&Y will prepare preliminary design
documents consisting of: all preliminary drawings, the complete bid proposal
structure and the complete text of all proposed specifications, including front end
specifications.
F. Preliminary Engineer's Opinion of Probable Construction Cost: CP&Y will
prepare preliminary statement of probable construction costs.
G. Schedule: CP&Y will prepare preliminary project schedule.
H. Preliminary Design (50%) Review Meeting: CP&Y will conduct a preliminary
design review meeting with AFW and other interested parties to review
comments, address questions, and coordinate the preliminary design.
I. Quality Control: Provide overall quality control for all information and
contract documents submitted as part of the preliminary design phase.
Deliverables:
1. Preliminary Engineering Report
2. One(1) set of reproducible Preliminary Design Document and Specifications in electronic
format (pdf) and one(1) hard copy set.
3. Engineer's Opinion of Probable Construction Costs.
4. Project Schedule.
Task 2— Final Design Phase Services
A. Administration: CP&Y will provide interoffice administration and coordination for the
final design phase services including interoffice meetings attended by the project
manager and engineers and general day to day project related administrative
tasks. Coordination and exchange of project related information with AFW staff
and any subconsultants who are a part of the team is included in this task.
B. Preliminary Desiqn Review Comments: CP&Y will provide written responses
to design review comments and incorporate those into final design documents.
C. Final Engineering Report: CP&Y will prepare final engineering report.
D. Final Desiqn Documents: CP&Y will further develop to 100% the design
documents consisting of: drawings, specifications and bid proposal.
E. Prepare FAA Form 7460-1: CP&Y will prepare and submit FAA Form 7460-1
Notice of Proposed Construction or Alteration.
F. Preliminary Engineer's Opinion of Probable Construction Cost: CP&Y will
update preliminary statement of probable construction costs.
G. Schedule: CP&Y will update preliminary project schedule, as needed.
Rehabilitate Airfield Shoulders
Attachment A
Fort Worth Alliance Airport
H. Final Desiqn Review Meeting: CP&Y will conduct a final design review meeting
with AFW and other interested parties to review comments, address questions,
and coordinate the final design.
I. "Issued for Bid" Documents: CP&Y will incorporate final design review
comments into the sealed "Issued for Bid" construction documents (plans,
specifications and bid proposal).
J. Quality Control: Provide overall quality control for all information and
contract documents submitted as part of the final design phase.
Deliverables:
1. Updated Preliminary Engineering Report, as necessary
2. One (1) set of reproducible sealed, "Issued for Bid" Design Document and
Specifications in electronic format(pdf) uploaded to Buzzsaw and one (1) hard
copy set.
3. Engineer's Opinion of Probable Construction Costs.
TASK 3 — BIDDING SUPPORT SERVICES
A. Administration: CP&Y will provide interoffice administration and coordination
for the bidding support services including interoffice meetings attended by the
project manager and engineers and general day to day project related
administrative tasks. Coordination and exchange of project related information
with AFW staff and any subconsultants who are a part of the team is included in
this task.
B. Pre-Bid Conference: CP&Y will attend the pre-bid conference in support of City
of Fort Worth.
C. Bidder Questions and Addenda: CP&Y will respond to requests for information,
preparing responses to questions from prospective bidders and providing
clarifications and interpretations of the Construction Documents to all
prospective bidders in the form of addenda to the bidding documents. Addenda
shall be uploaded electronically (pdf) to the City of Fort Worth's Buzzsaw system
for access by potential bidders.
D. Bid Tabulation: CP&Y will prepare tabulation of contractor bids from bids furnished by
AFW.
E. Bid Validation: CP&Y will provide construction bid validation with prospective
contractors.
F. Bid Recommendation: CP&Y will develop/submit a formal recommendation for bid
award to AFW.
G. Compilation of Conformed Issued for Construction Documents: CP&Y will
prepare conformed Construction Documents that incorporate any and all
addenda.
Rehabilitate Airfield Shoulders
Attachment A
Fort Worth Alliance Airport
TASK 4—CONSTRUCTION PHASE SERVICES
A. Pre-construction Meeting: CP&Y will participate in the pre-construction meeting
with the Airport, contractor, and construction manager.
B. Administration: Provide interoffice administration and coordination for the
construction phase services including interoffice meetings attended by the
project manager and engineers and general day to day project related
administrative tasks. Coordination and exchange of project related information
with the airport staff and subconsultants who are a part of the team is included in
this task.
C. Quality Control: Provide overall quality control for all information and
contract documents submitted as part of the construction phase.
D. Submittals& RFIs: CP&Y will review and answer contractor submittals& RFIs.
E. Construction Management: CM services will be provided by PMA. See attached
scope of work and proposal.
Deliverables:
1. One(1) CD containing all Project Closeout information will be provided to the Airport.
Attachment B
Rehabilitate Airfield Shoulders
Fort Worth Alliance Airport
Compensation
CP&Y
CP&Y Assumption
Phase Labor Reimbursables of Risk Total
Cost (10%)
Task 1: Preliminary Design 50% Phase Services
CP&Y, Inc. $18,556.00 $500 $19,056.00
Task 2: Final Design Phase Services
CP&Y, Inc. $20,458.00 $500 $20,958.00
Task 3: Bidding Support
CP&Y, Inc. $4,224.00 $500 $4,724.00
Task 4: Construction Phase Services
CP&Y, Inc. $6,441.60 $500 $6,941.60
PMA $20,640 $2,064 $22,704.00
Total $49,679.60 $22,640 $2,064 $74,383.60
City DBE GOAL 6%
Attachment B
Rehabilitate Airfield Shoulders
Fort Worth Alliance Airport
Task 1:Preliminary Design(50%) Projected Labor Hours
Phase Services
Task Description Sr. Project Sr.Civil Civil CADD Admin / Hours
Project Manager Engineer Engineer T—hClerical by
1 IManagement Tasks
General Management 1 6 3 10
Conduct Project Kick-Off Meeting 2 2 1 5
Prepare Project Schedule 1 1
Attend Preliminary Design Review Meeting 2 2 1 5
Provide Quality Control 8 8
2 Preliminary Design 50% Tasks
Conduct Visual Condition Survey 4 4 8 16
Prepare Preliminary Engineering Report 1 4 4 8 16 2 35
Prepare Preliminary Design Documents 2 4 16 32 8 62
Prepare Preliminary Engineer's Opinion of
Probable Construction Cost 1 2 2 5
Hours by Classification 10 21 20 34 50 12 147
Hourly Rate by classification $199.00 $184.80 $184.80 $132.00 $79.20 $52.80
Direct Labor Cost b Classification $1,990.001 $3,880.801 $3,603.601 $4,488.001 $3,960.001 $633.601 $18,556.0
Attachment B
Rehabilitate Airfield
Shoulders Fort Worth
Task 2: Final Design Phase Services Projected Labor Hours
Sr. Project Sr.Civil Civil Admin / Hours
Task Description Project Manager Engineer Engineer CADD Tech Clerical by
Manager Task
1 Management Tasks
General Management 1 6 3 10
Attend Final Design Review Meeting 2 2 4
U dateSchedule 1 1
Provide Quality Control 8 8
2 Final Design Tasks
Prepare Preliminary Engineering Report 2 2 4 2 1 11
Prepare Final Design Documents 2 4 4 16 64 8 98
Prepare"Issued for Bid"Documents 2 8 8 8 26
Prepare and Submit FAA Form 7460-1 2 2 4 2 10
Update Preliminary Engineer's Opinion of
Probable Construction Cost 1 2 1 4
Hours by Classification 11 20 19 32 79 11 172
Hourly Rate by classification $199.00 $184.80 $184.80 $132.00 $79.20 $52.80
Direct Labor Cost by Classification $2,189.00 $3,696.00 $3,511.20 $4,224.00 $6,256.80 $580.80 $20,458.00
Attachment B
Rehabilitate Airfield
Shoulders Fort Worth
Task 3:Bidding Support Services Projected Labor Hours
Sr.Project Project Sr.Civil Civil Admin / Hours
Task Description Manager Manager Engineer Engineer CADD clerical by
1 113iddinq Phase Services
General Management 4 4
Participate in Pre-Bid Conference 2 2
Respond to Bidders Questions via Addenda 2 4 4 2 12
Bid Tabulation 1 2 4 7
Bid Recommendation 1 1 2
Compilation of Conformed Issued for
Construction Documents 2 4 4 10
Hours by Classification 0 12 0 6 8 11 37
Hourly Rate by classification $199.00 $184.801 $184.80 1 $132.001 $79.201 $52.80
Direct Labor Cost by Classification $0.00 $2,217.60 1 $0.00 1 $792.001 $633.60 1 $580.80 1 $4,224.00
Attachment B
Rehabilitate Airfield
Shoulders Fort Worth
Task 4:Construction Phase Projected Labor Hours
Services
Task Description Sr.Project Project Sr.Civil Civil CADD Admin Hours
Manager Manager Engineer Engineer Tech /Clerical by
4 Construction Phase Services
Pre-construction meeting 4 4
Review/address submittals 5 5 10
Review/address RFIs 5 1 5 1 10
Project coordination 8 8 16
Hours by Classification 0 4 18 18 0 0 40
Hourly Rate by classification $199.00 $184.80 $184.80 $132.00 $79.20 $52.80
Direct Labor Cost by Classification $0.00 $739.20 $3,326.40 $2,376.00 $0.00 $0.00 $6,441.60
VVPROJECT MANAGEMENT ASSOCIATES
James A McKenzie., P.E Sept 8,2017
Aviation Project Manager
CP&Y Engineers
1820 Regal Row
Dallas TX 75235
Dear Sir,
Proposal for RPR Services, Fort Worth Alliance Airport, Airfield Shoulder Rehabilitation
Project.
Project Management Associates PLLC (PMA) would like to present the following cost proposal
to CP&Y Engineers to provide Resident Project Representative (RPR) Services for the above
mentioned project.
Rate/hr Hours/da No of da s Total
$86.00 8 30 $20,640.00
The contract sum for 30 days only shall be $20,640.00 (twenty thousand, six hundred and forty
dollars).The scope of our services is included in the attached RPR Services Scope Document.
PMA would like to inform CP&Y Engineers that it now also offers Construction Materials Testing
services.
Should you have any questions, please do not hesitate to contact me at telephone number
(972)-302-7635.
Sincerely,
Project Management Associates PLLC.
Edward M.Andrews, P.E.
President
Scope of Work of RPR and Construction Observation,
A.1.1 Preconstruction Meeting
PMA RPR will attend and participate in the preconstruction conference.
A.1.2 Prepare Change Orders
PMA will provide construction documents necessary to address change orders during the
project. Documents may include; plan sheet revisions I additions, specification revisions /
additions,and updated project cost. Change orders may be required as a result of owner
initiated changes resulting from:a response to unexpected or changed site conditions; plan
deficiencies or clarifications; conflicts or ambiguities in specifications;extra or unanticipated, but
necessary, work; and/or design criteria changes directed by CP&Y,the Contractor,the Alliance
Airport or FAA Contractor initiated changes may be required as a result of repair procedures to
address damaged and/or non-conforming work; material substitution requests work method
changes; and/or value engineering proposals.
Deliverables: PMA will produce sketches and/or specifications,to document changes to the
construction documents required to address changed conditions, owner directed changes, or
value engineering proposals accepted by the owner.
A.1.3 Site Visits
PMA RPR will be on site when contractor is working to observe the progress of the work.
External visitors to the site will coordinate the site visits with the RPR. PMA RPR and the
Contractor to shall regularly discuss the project's progress and to identify areas of
concern to facilitate the construction.
A.1.4 Submittal /Shop Drawing Review
PMA RPR will review shop drawings and materials submittals that are furnished by the
Contractor,as required by the construction contract documents,for the limited purpose of
checking for conformance with information given and the design concept expressed in the
contract documents.
PMA's RPR action shall be taken with such reasonable promptness as to cause no delay in the
work while allowing sufficient time in PNW's professional judgment to permit adequate review.
Review of such submittals will not be conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
construction contractor,all of which remain the responsibility of the construction contractor.
PMA's RPR review shall not constitute approval of safety precautions or of construction means,
methods,techniques, sequences or procedures. PMA's RPR approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
Deliverables: PMA will provide an electronic copy of the reviewed submittal to be delivered to
CP&Y.
A.1.5 Review Contractor Requests for Information (RFI)
It is anticipated that the contractor will submit RFIs. RFIs will be responded to in writing.Those
responses may include technical clarification of the plans and/or specifications in the form of a
narrative response,sketch, detail or drawing.CP&Y will coordinate these responses with the
RPR.
Deliverables: PMA RPR will provide an electronic copy of the reviewed RFI to be delivered to
the Contractor.
A.1.6 Weekly Construction Meetings
Weekly or biweekly construction meetings will be utilized to coordinate construction activities
with the Contractor, FAA, and other applicable parties.
A.1.7 Document Control
PMA RPR will assist the CP&Y Project Manager (PM) in preparing and maintaining a submittal
register identifying the submittal number, description, specification section, specification
paragraph, received date, action date, and action taken. PMA RPR will also assist the PC in
maintaining a file containing all available documents identified on the Texas Airports
Development Office Grant Documentation Compliance Checklist.
Deliverables: Electronic filing of all related documents.
A.1.8 Preliminary Walkthrough
PMA RPR will attend and participate in the preliminary walkthrough. PMA will prepare a
summary report of the preliminary walkthrough, including a punch list of work items that the
Contractor must accomplish to prepare for a final walkthrough.
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the preliminary punch
list
A.1.9 Final Inspection
PMA RPR will attend and participate in the final walkthrough. PMA RPR will prepare a summary
report of the final walkthrough;including a completed punch list for all parties to review confirm
completion.
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the final punch list
A.1.10 Record Drawings
PMA RPR will prepare record drawings consisting of revisions to the electronic files used to
produce the construction documents.The record drawings shall represent the completed project
and reflect the actual work accomplished during construction. The record drawings shall be
based solely on Contractor's record copy of all drawings, specifications, addenda, change
orders,work change directives,field orders, and written interpretations and clarifications, as
delivered to Engineer, and annotated by Contractor to show changes made during construction.
Deliverables: PMA RPR will provide CP&Y with hand annotated sketches.
A.1.11 Perform Warranty Review and Project Close-out
Upon completion of the final walkthrough,the PMA RPR will assist CP&Y in the preparation of
an
AIP Final Inspection Report (Form 5100-17) upon satisfactory completion of the work.
Deliverables: PMA RPR will provide CP&Y with an electronic copy and one (1) copy of FAA
Form 5100-17.
B. CONSTRUCTION OBSERVATION
This task will consist of providing construction observation (Resident Project Representation)
services during the construction of the Runway Rehabilitation Project.
The RPRwill monitor and observe the construction progress,coordinatewith McCurtain County
Airport staff,the CP&Y Engineer,and the Contractor.Additionally,the RPR will provide
construction observation to determine whether the work is proceeding according to the
construction contract documents and will notify the CP&Y Engineer if problems, disputes,or
changes arise during the course of construction. The RPR will be responsiblefor all daily
activities,Contractor coordination,scheduling of materials testing,and ensuring all items are
installed perthe Contract documents.
The RPR's duties are as follows:
1. Check contractor activities to ensure compliance with the plans and specifications and
inform the contractor of any work that is in noncompliance.
2. Ensure that all testing required by the specification is performed. All commercially
produced products,such as pipe and reinforcing steel,that are used on the project
should be accompanied by numerical test results or a certification from the manufacturer
that the material meets the applicable standards.
3. Visit the testing laboratory to determine if it has the equipment and qualified personnel
necessary to conduct the tests required by the specifications.
4. Ensure that tests are performed at the frequency stated in the specifications.Determine
when and where tests will be taken and witness tests. If not indicated in the
specifications,a sufficient number of tests should be taken to verify that the construction
is acceptable.
5. Review test reports and certifications for conformance with the specifications.
6. Maintain a file of test reports and certifications.
7. Inform the contractor of deficiencies so corrections can be made and retesting
performed prior to covering any substandard work with additional material.
8. Document quantities of materials used on the project by actual measurements and
computations in a field notebook or computer printouts retained in a folder. For
materials paid for on a weight basis,a summary of the material placed each day should
be kept inthe field notebook. The notebook and/or computer printouts,supported by the
original set of weigh tickets, is the basis for payment.
9. Maintain a set of working drawings on thejob site that can be used to prepare"as-built"
drawings.
10. Review payment requests from the contractor.
11. Conduct Federal wage rate surveys (Form DOT F 4220.5 or SF 1445)with the
Contractor's personnel and their subcontractor personnel to ensure compliance with the
U.S. Department of Labor regulations for federally funded construction projects.The
RPR will submit the wage rate survey records to the Engineer for review. Wage rate
surveys will be conducted on a monthly basis.
12. Maintain a diary that should contain daily entries made and signed by the RPR. Each
entry should include the following, plus any additional pertinent data:
a. Date and weather conditions.
b. Names of important visitors.
c. Construction work in progress and location.
d. Size of contractor's work force and equipment in use.
e. Number of hours worked per day for contractor and subcontractors.
f. The substance of important conversations with the contractor about conduct,
progress, changes,test results, interpretations of specifications, or other details.
13. Document the progress of the construction with photographs taken on a weekly basis.
14. Submit copies of FAA Form 5370-1,Construction Progress and Inspection Report,or
equivalent form to the appropriate FAA Airports Division/District/Field Office on a weekly
basis,including photographs.
15. Maintain SWPPP and all reporting required
8.1.1 RPR Reporting
PMA RPR will prepare daily construction progress reports of the construction activities that are
observed
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the daily construction
activities report
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the weekly progress
reports (FAA Form 5370-1)
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the monthly
construction summary
Deliverables: PMA RPR will provide CP&Y with an electronic copy of the Federal wage rate
surveys
Deliverables: Photographs to be included in the weekly progress reports.
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Rehabilitate Airfield Shoulders Fort Worth Alliance Airport
City Project No. 101172
None
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